Staff Responses to CEQA Related - Agenda Item No. 28

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The Village Santa Ana Specific Plan Project The City did not ignore Kizh Nation’s consultation outcomes in the Final Supplemental EIR as the mitigation measures resulting from consultation that were included in the Draft Supplemental EIR were not overridden in the Final Supplemental EIR. The results of the consultation with the Kizh Nation remain in place and the agreed to mitigation measures between the City and the Kizh Nation remain in the Final Supplemental EIR. As stated in Response T1-2, the Juaneño Band of Mission Indians is traditionally and culturally affiliated with the project area based on the Native American Heritage Commission’s list for the project area. Based on comments received from the Juaneño Band of Mission Indians, the City added the additional project-specific mitigation measures MM TCR-4 through MM TCR-6 to the Final Supplemental EIR. Response T1-4: The comment suggests the Juaneño Band of Mission Indians did not provide substantial evidence demonstrating historical or genealogical connection to Santa Ana and the public comment violates CEQA’s substantial evidence standard. As stated in Response T1-2, the Juaneño Band of Mission Indians is traditionally and culturally affiliated with the project area based on the Native American Heritage Commission list. As stated on p. 3-12 of the Final EIR, the “City’s consultation with the Gabrieleño Band of Mission Indians-Kizh Nation and the Juaneño Band of Mission Indians, Acjachemen Nation-Belardes determined tribal cultural resources may potentially be encountered during ground disturbing construction activities. The potential to encounter buried prehistoric archaeological sites exists for excavation in undisturbed soils. Therefore, GPU PEIR MM CUL-6 and Project-specific MMs TCR-1 through TCR-6 are proposed for implementation to require Native American monitoring during any ground disturbing activities on the project site and to avoid potential impacts to tribal cultural resources that may be unearthed from project construction activities.” Response T1-5: The comment suggests the individual who commented on behalf of the Juaneño Band of Mission Indians consistently provides late responses or neglects to engage in timely consultation as required by AB 52 because the individual cannot provide substantial evidence demonstrating cultural affiliation or direct lineal connection to the geographic area or project site and uses the public comment period to avoid the requirements of AB 52. The comment provides background and expresses the commenter’s opinions and potentially past experience. No further response is required. Response T1-6: The comment suggests the City breached confidentiality and violated the Kizh Nation’s sovereign rights by incorporating non-affiliated parties into the mitigation framework which need to be feasible, enforceable, and specifically tailored to reduce significant impacts. The comment further suggests the mitigation suggested by the non-affiliated commenters fail the standard. As reflected in Chapter 3 Revisions to the Draft Supplemental EIR of the Final Supplemental EIR, the Kizh Nation’s recommended mitigation measures do not incorporate other parties or state any confidential information. Confidentiality was not breached as the Juaneño Band of Mission Indians commented directly on the information provided in the Draft Supplemental EIR, which did not include any information regarding the location, description, or use of sacred sites, cultural practices, or other tribal cultural resources,. Additionally, as stated in Response T1-2, the Juaneño Band of Mission Indians submitted a comment letter on June 10, 2025 on the Draft Supplemental EIR requesting mitigation measures be incorporated to provide for monitoring by the Juaneño Band of Mission Indians. The Native American Heritage Commission’s list for the project area includes the Juaneño Band of Mission Indians as a tribe traditionally and culturally affiliated with the project area. Therefore, project-specific mitigation measures MM TCR-4 through MM TCR-6 were added to the Final Supplemental EIR. Project-specific MM TCR-4 and MM TCR-5 provide City of Santa Ana September 2025 7