Item 28 - Public Hearing - Amendment Application for the Village Santa Ana Specific Plan

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5 LESS -THAN -SIGNIFICANT ENVIRONMENTAL EFFECTS WITH MITIGATION INCORPORATED consulting tribes (Gabrieleno Band of Mission Indians-Kizh Nation and the Juaneno Band of Mission Indians, Acjachemen Nation-Belardes) and all subsequent finds shall be subject to this Plan. The consultation effort is intended to be a meaningful and timely process of seeking, discussing, and considering carefully the views of others, in a manner that is cognizant of all parties' cultural values and, where feasible, seeking agreement on the appropriate treatment and disposition of TCRs discovered. Final disposition of any excavated resources may include, but would not be limited to, reburying, relocating, recording, and/or another culturally appropriate treatment such as transfer to one of the consulting tribes for any purpose the Tribe deems appropriate, including for educational, cultural and/or historic purposes. If it is determined that mutual agreement cannot be reached within 30 days of the initial consultation meeting, the Plan shall be written such that any excavated resources shall be reinterred on site in a location free from future ground -disturbing construction activities after documentation is complete. Project construction will not resume within the immediate vicinity of the discovery (i.e., not less than the surrounding 50 feet) until the Cultural Resources Monitoring and Treatment Plan is prepared and implemented to the satisfaction of the City. Additionally, the City finds that the Project will implement the following regulatory requirements (Draft Supplemental EIR, p. 4.14-4): RR TCR-1: As per Assembly Bill 52, within 14 days of deciding to undertake a project or determining that a project application is complete, the lead agency must provide formal written notification to all tribes who have requested it. RR CULA: California Health and Safety Code Section 7050.5 requires that if human remains are discovered within the proposed project site, disturbance of the site shall halt and remain halted until the coroner has investigated the circumstances, manner, and cause of any death, and the recommendations concerning the treatment and disposition of the human remains have been made to the person responsible for the excavation, or to his or her authorized representative. If the coroner determines that the remains are not subject to his or her authority and if the coroner recognizes or has reason to believe the human remains to be those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission. Explanation of the Rationale: The rationale and facts supporting the above finding are fully developed in Section 4.14, Tribal Cultural Resources, pages 4.14-9 through 4.14-12 of the Draft Supplemental EIR and in Chapter 3, Revisions to the Draft Supplemental EIR, of the Final Supplemental EIR. The following presents a summary of that rationale: The Project's Sacred Lands File search yielded negative results and additional research identified no historical or archaeological resources within the Project site and a 0.5-mile radius. The City consulted with the Gabrieleno Band of Mission Indians-Kizh Nation and the Juaneno Band of Mission Indians, Acjachemen Nation-Belardes. Due to the Project site's location in an area where Native American tribes are known to have a cultural affiliation, there is the possibility that archaeological resources, including tribal cultural resources, could be encountered during ground disturbing construction activities. As previously discussed, excavations for the Project are anticipated to disturb a large part of the Project site to a maximum depth of approximately 52 feet City of Santa Ana The Village Santa Ana Specific Plan Project August 2025 CEQA Findings of Fact and Statement of Overriding Considerations 5-19