Cultural and Paleontological Resources

Transcription

Section 4.9
Cultural and
Paleontological
Resources
4.9.1
Introduction
This section assesses the potential impacts on cultural resources that could arise from disturbances and impacts
resulting from development consistent with the proposed project, General Plan Amendment No. 960 (GPA No.
960). Cultural resources include areas, places, sites (particularly archeological sites), buildings, structures, objects,
records, or manuscripts associated with history or prehistory. Some specific examples of cultural resources are
pioneer homes, buildings, or old wagon roads; structures with unique architecture or designed by a notable architect; prehistoric Native American village sites; pioneering ethnic settlements; historic or prehistoric artifacts or
objects, rock inscriptions, human burial sites; battlefields; railroad water towers; prehistoric trails; early mines or
important historic industrial sites. Cultural resources may also include places that have historic or traditional
associations or that are important for their natural resources. Cultural resources are important for scientific,
historic and, at times religious, reasons to cultures, communities, groups and individuals.
Paleontological resources (evidence of past life forms and their biota) are valued for the information they yield
about the history of the earth and its past ecological settings. Although not human-related, paleontological
resources are also included in this section, as their impacts and mitigation requirements tend to be similar to that
of archeological resources. On rare occasion, fossils have been found in archeological sites that have been
modified by man, making them also artifacts.
4.9.2
Existing Setting - Cultural and Paleontological Resources
The cultural resource characteristics of Riverside County reflect patterns of human settlement, human use of the
land and its resources, the artistic expressions on material culture and natural features, technologies and
ideologies, as well as past environmental conditions. The existing paleontological setting reflects the
paleontological record and related geology as they are currently known for Riverside County. This sub-section
includes information summarized from Section 4.6 of the 1999 “Existing Setting Report” prepared for the 2003
RCIP General Plan.
A.
Cultural / Ethnological Resources
The cultural history of Riverside County is divided into two general chronological units: prehistory and the
historic time periods which include ethnohistoric information. “Prehistory” encompasses the period of earliest
human activities prior to the keeping of written records and spans over 99% of the total extent of human society.
Due to the lack of written sources for this period, archeological study is key to its understanding. In Southern
County of Riverside Environmental Impact Report No. 521
Public Review Draft § February 2015
4.9-1
California, the prehistoric period refers only to Native American traditions, beginning with the settlement of the
Southern California region at least 10,000 to 12,000 years ago and extending forward through time to initial EuroAmerican settlement in the late 18th century when the mission system was established, disrupting native life ways.
Nearly a century later, between 1875 and 1891, at least ten Indian reservations were set aside in Riverside County
and nearby vicinities. Most indigenous tribal people natives were moved to these reservations, further disrupting
and largely ending, the persistence of traditional Native American life ways. The historic era began around 1774
with the exploratory expeditions of Juan Bautista de Anza and continued to 45 years before the present day,
(currently 1966) as defined by CEQA.
1. Prehistory
Riverside County environmental conditions during the late Pleistocene and Holocence periods fostered an
ecologically rich region for human settlement. This 14,000-year period of human occupation was marked by an
overall trend toward increasing aridity and warmer temperatures, with some temporary reversals as well as periods
of climatic stability. As environmental conditions changed, Native American populations adapted with modifications in settlement patterns, subsistence practices, social organization and technology.
Three primary geomorphic provinces are found in Riverside County: the Mojave Desert, the Colorado Desert
and the Peninsular Ranges. The diverse prehistoric landscape and habitats of the internally drained basins and
pluvial (landlocked) lakes of the Mojave Desert region, the fresh water lakes of the Colorado Desert and the
prominent ranges of the Peninsular Range were used by ancient and indigenous groups of people, leaving a rich
archeological heritage. The following artifacts and features are characteristic of the Prehistoric Period: ceramics,
projectile points of many types, grinding implements (mortars and pestles, metates and manos), enigmatic
cogstones, shell, bone, clay beads and pendants, evidence of big game hunting. Additional background
information on these types of artifacts may be found in Section 4.7 of EIR No. 441, the EIR associated with the
2003 RCIP General Plan. The EIR No. 441 section also contains an extensive introduction to the cultural
timelines associated with the Prehistoric Period.
Due to the thousands of years spanned by the Prehistoric Period, the impermanence of many indigenous material
goods and the widely scattered and varying itinerant patterns of settlement, the prehistoric archeological record
tends to be less clearly defined and more sporadically preserved than that of later eras. Nevertheless, a large
number of prehistoric resources are known or expected to occur within Riverside County. When uncovered as a
result of an archeological investigation or development activities, such resources are, at minimum, documented
and entered into a statewide recording system (CHRIS, the California Historical Resources Information System).
These records are archived and maintained by the Eastern Information Center (EIC) located at the University of
California at Riverside (UCR), a branch of the California Office of Historical Preservation. Of these recorded
sites within Riverside County, a few have been designated as federal, state and/or county cultural resources as
shown in Table 4.9-A (Cultural Resources of Riverside County), below. A number of sites, however, are
protected in the confidential archives of the EIC and are not publicly accessible to protect and preserve their
scientific and cultural value.
2. Ethnohistory
The Ethnohistoric Period of Riverside County at the time of Euro-American contact was distinguished by eight
distinct resident cultural groups of Native Americans: Cahuilla (primarily), Gabrielino, Juaneño, Luiseño,
Quechan, Halichidhoma, Chemehuevi and Serrano. These groups occupied territories across Southern California
generally as indicated in Figure 4.9.1 (Southern California Tribal Territories). It should be noted that territorial
boundaries did change for some tribal groups throughout time. The majority of western Riverside County was
4.9-2
occupied by the Cahuilla who spoke a Cupan language within the Takic family of the Uto-Aztecan language stock.
The western part of the county, in the vicinity of the Santa Ana Mountains fell within the territory of the
Gabrielinos, Juaneños and Luiseños who also spoke Cupan languages. These three populations had territories that
extended from the coast eastward and northeastward across the Santa Ana and Palomar mountains, encompassing Temescal Valley and Lake Elsinore, and extending toward the foothills of the San Jacinto and Santa Rosa
Mountains.
1
Table 4.9-A: Cultural Resources of Riverside County
Cultural Resource
Prehistoric Period (Before 1772)
1
Andreas Canyons
2
Archeological Sites
(CA-RIV-504 and CA-RIV-773)
3
Blythe Intaglio
Coachella Valley Fish Traps
X
7
Giant Desert Figures
8
Gus Lederer Site
9
Hemet Maze Stone
10
Indian Canyons
11
12
13
15
McCoy Spring Archeological Site
Murrieta Creek Archeological Area
North Chuckwalla Mountain
Petroglyph District (CA-RIV 1383)
North Chuckwalla Mountain Quarry
Dist.
Painted Rock
16
Site of Indian Village of Pochea
21
Site of Indian Wells, Indian Wells
Location
I-10 to Highway 95, 13 miles north of
Blythe
Perris, Riverside
I-15 to Temescal Canyon road, view
from road right of way
I-10 to Chuckawalla Valley Road, south
to Corn Springs Road, 8 miles to
campground
On Highway 95, 16 miles North of
Blythe
Desert Center, Riverside
6
Site of De Anza Camp and Crossing
Site of De Anza Crossing of the Santa
Ana River
RCHL
X
X
19
20
CPHI
Palm Springs, Riverside
Blythe, Riverside
Buttercup Farms Pictograph
Carved Rock
17
Tahquitz Canyon
Exploration Period (1772-1818)
18
Coachella Valley Preserve
CSHL
X
X
4
5
14
1
NRHP1
X
X
X
X
X
X
X
X
X
X
From Hwy 74, go N 3.2 miles on
California Ave to Maze Stone Park (site
located Approx. 0.3 mile past gate),
near Hemet.
Take S. Palm Canyon from Hwy 11 to
the Indian Canyons Toll Gate
Blythe, Riverside
Temecula, Riverside
X
X
X
X
X
X
X
X
X
X
X
X
X
From Temescal Canyon Rd, east on
Dawson Canyon Road, south along
railroad track berm
Ramona Bowl, 27400 S Girard St,
Hemet; plaque near restrooms.
500 West Mesquite, Palm Springs
I-10 to Ramon, east to Thousand
Palms Canyon Road, north to
Thousand Palms Oasis
S/Terwilliger on Coyote Cyn.
Jurupa Heights; plaque located
between clubhouse and #1 tee, Jurupa
Hills Country Club Golf Course, 6161
Moraga Ave, Rubidoux.
17 miles SE on SR111
Theme2
AG, A/L,
ARC, A/L, IP
EV, IP
A/L, IP
NA, IP
ARC, IP
NA, A/L
ARC, A/L,
REL, IP
IP
NA
A/L, IP
IP
IP
IP
NA, IP
NA, IP
IP, AG, REL
E/S
E/S
E/S
W, E/S
Table 4.9-A was entirely revised based on updated Cultural Resource information available for the County
4.9-3
Cultural Resource
Mission Period (1769-1833)
22
Dos Palmas
23
Old Temescal Road
NRHP1
CSHL
Serrano Boulder
X
25
Serrano Tanning Vats
X
26
The Original Palm Springs
Mexican / Rancho Period (1833-1848)
27
Bandini Adobe Site
28
Bandini-Cota Adobe
29
Mount Rubidoux
30
Rancho Santa Rosa
36
37
First Post Office, Temecula
Frink Ranch
38
40
41
Jensen-Alvarado Ranch / Cornelius
and Mercedes Jensen Ranch
Pinacate Mining District, Pinicate
Orange Empire Railway Museum
Ruins of Third Serrano Adobe
Saahatapa
42
Site of Butterfield Stage Station
39
43
Southern Hotel
44
Temescal Tin Mines
45
Toro Village
46
Weaver Adobe
47
Whitewater
Early Statehood Period (1869 - 1919)
48
A Pedley-Type Dam
49
50
51
52
53
4.9-4
X
Site of Louis Rubidoux House
Site of Old Rubidoux Grist Mill
Trujillo Adobe
Early California Period (1848 - 1869)
34
Blythe Ferry Crossing, Bradshaw Ferry
Crossing
35
Corn Springs
Administration Building, Sherman
Institute
All Souls Universalists Church
Amory Hall
Arlington Library and Fire Hall
Armory Hall, Grand Army of the
Republic Building
RCHL
Location
Theme2
X
X
S/SR 111, Parkside Dr exit
On Old Hwy 71, 0.9 mi S of I-15 junct
w/ Temescal Cyn Rd, 11 mi S of
Corona
From I-15, take Old Temescal Cyn Rd
S 0.4 mi to Lawson Rd, go W 0.2 mi.
Follow remains of dirt rd (on E side of
creek) So. 0.1 mi toward willow trees.
9 mi S of Corona
NE corner of I-15 and Old Temescal
Canyon Rd, 8 mi SE of Corona
NE corner of Indian Avenue
W, E/S, T
E/S
X
24
31
32
33
CPHI
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
E/I, NA
W,A/L,E/S
1000 feet W of Hamner Ave., Norco
Prado Flood Control Basin, Corona
7th St. and Mt. Rubidoux Dr., Riv.
W/ Murrieta on Clinton-Keith Rd.,
Murrieta
5575 Mission Blvd, Riverside
5540 Molina Way, Rubidoux
W/I-215, N/Center, on Orange Ave.,
Riverside
E/S
E/S
E/S, REL
E/S
X
I-10 to Rivera Drive, Blythe Marina
W, T
X
X
X
X
X
X
S/I-10 to Corn Springs Road, Desert
Center
28636 Front Street, Temecula
W/10, N/60 on Timoteo Canyon, near
El Casco
4307 Briggs, Rubidoux
ARC, E/S, EV
I-215 to Highway 74 West to A Street
E/I
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
S/E corner, I-15 and Temescal Cyn Rd
Brookside Rest Area, W-bound I-10, 3
mi W of junction of I-10 and Hwy 60
20730 Temescal Canyon Road,
Corona
445 South D Street, Perris
E/I-10, N/Cajalco, Corona
S/I-10, to end of Jackson, Indio
10055 Avenida Miravilla, Banning
S/I-10, ½ mile E of SR 111, Banning
Banning Canyon via San Gorgonio
Ave., Banning
9010 Magnolia Ave, Riverside
X
X
X
E/S
3657 Lemon St., Riverside
252 North Main Street, Lake Elsinore
9556 Magnolia Ave., Riverside
252 N. Main Street, Lake Elsinore
E/S
E/S
E/S
NA, W, E/S
GOV
E/S, T
E/S
E/S, NA
E/S, T
ARC, E/I
E/I
NA, T, E/S
E/S
E/S, T
E/I
ARC,E/S, NA
REL
ARC, E/S
ARC, EV
ARC, MIL
54
55
56
57
Cultural Resource
Banning Women’s Club
Barker Dam
Beaumont Carnegie Library
Blythe Intake Site
CPHI
X
RCHL
X
X
X
X
58
Camp Emerson
X
X
59
60
61
62
63
64
65
Carnegie Andrew Library
Chinatown
Citrus Experiment Station
Citrus Machinery Pioneering
Citrus State Historic Park
Coachella Valley Water District
Coplin House, Spokane Hotel, Plueger
Reality
Corona High School
Cottonwood Oasis
Cottonwood School
Crescent Bath House
Desert Inn
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
815 W. 6th St, Corona
N/I-10, SR 62, to Utah Trail
1 mi N of CR 3 and SR79, Sage
Corner of West Graham, Lake Els.
NW Corner of Palm Canyon and
Tahquitz, Palm Springs
N/I-10, SR62, to Utah Trail
Graham at Spring St., Lake Elsinore
150 S. Dillon, San Jacinto
3504 Mission Inn Ave., Riverside
X
X
X
X
X
76
77
Desert Queen Mine
Elsinore's “Hottest” Sulphur Spring
Estudillo Mansion
First Church of Christ, Scientist
First Congregational Church of
Riverside
Garbani Rocco Homestead
Gilman Ranch
X
X
33555 Holland Rd., Winchester
N/10, E/22st,on Wilson St
78
Hall City and Hall’s Grade
X
X
79
X
X
X
X
X
X
83
Hamilton School, First Little Red
School House
Harada House
Hemet Dam and Lake Hemet
Hemet Depot/Hemet Museum,
Atchison, Topeka and Santa Fe
Railroad Depot
Henderson/Reid Building
X
X
84
85
Heritage House
Highgrove Hydroelectric Plant
X
X
86
Highland Springs
X
X
87
Idyllwild
X
X
88
John W. North Park, Seventh Street
Historic District
Loring Building
Loring Opera House
Lost Horse Mine
X
X
X
X
X
X
66
67
68
69
70
71
72
73
74
75
80
81
82
89
90
91
NRHP1
CSHL
X
X
X
X
X
X
X
X
X
X
Location
175 W. Hayes St., Banning
N/I-10, SR62, to Utah Trail
125 E Eighth Street, Beaumont
Intake service, US Hwy 95, 10.5 mi N
of Blythe at entrance to Palo Verde
Diversion Dam
243 to West Canyon Dr, to McKinney
Lane
S/E corner of Main St and 8th St , Cor.
Brockton and Tequesquite, Riverside
University of California, Riverside
Corner of Vine and Birtcher, Riverside
9400 Dufferin Avenue, Riverside
Avenue 52 and SR111, Coachella
12 S. San Gorgonio Ave., Banning
N slope of San Jacinto S/I-10 around
Cabazon
56481 Cahuilla Road, Anza
Theme2
E/S
W, E/S
ARC
W, E/I
E/S
ARC, EV
ETH
E/S, E/I
E/I
AG
W, E/I
E/S
ARC, EV
W, E/S
E/S
ARC, A/L
A/L
E/I , EV
A/L
E/S, GOV
ARC
ARC
EV,ARC,E/S,IP
E/S, W, T, EV,
IP, NA
E/I
E/S
1 mile E of 243 and SR74, Hemet
Highway 74 to State Street, northwest
corner
ETH, EV, GOV
W, E/I
T, ARC
N/E corner of San Gorgonio and
Livingstone, Banning
8193 Magnolia Ave., Riverside
W/Iowa, S/Center, Electric and W
Spring, Riverside
N/10, 5 miles on Highland Springs
Ave., Banning
County Park Rd, 1 mile N of SR 243,
Idyllwild
Mission Inn Ave at Vine St., Riv.
E/S
3685 Main Street
3745 Seventh St, Riverside
N/I-10, SR62, to Utah Trail, within
Joshua Tree National Monument
ARC
E/I, W
T,A/L
A/L
GOV
ARC, GOV
ARC, A/L
E/I
4.9-5
110
Cultural Resource
March Air Musuem
March Field Historic District
Martinez Historic District, Martinez
Indian Agency, Indian School Agency
Office
Masonic Temple
Mission Inn Hotel
Noble’s Ranch
Old YWCA Building
Palmdale Railroad Site, “A Railroad
that Failed”
Parent Washington Navel Orange
Tree
Perris Depot
Peter Weber House
Riverside Cement Company
Riverside County Courthouse
Riverside Federal Post Office
Riverside-Arlington Heights Fruit
Exchange
Ryan House and Lost Horse Well
Saint Boniface Indian School
San Pedro, LA and Salt Lake Railroad
Depot
San Timoteo Canyon Schoolhouse
111
112
113
114
Shaver's Well
Sutherland Fruit Company
Temecula Old Town Historic District
Temecula Quarries
115
116
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
117
CSHL
X*
X
X
X
X
CPHI
X
X
RCHL
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Thomas-Garner Ranch
X
X
U.S. Experimental Date, Date Industry
Birthplace
Victoria Avenue
X
X
118
119
120
121
Wiley's Well
William Childs House
Woman's Improvement Clubhouse
Yerxa's Discovery (at Cabot’s Pueblo
Museum)
Post-WWI to War II Period (1920-1945)
122
Blythe Depot, Atchison, Topeka and
Santa Fe Railroad Depot
123
124
Bogart House
Camp Young Desert Training Center,
CAMA
125
126
127
Corona Civic Center
Corona Theater
Eagle Mountain Iron
4.9-6
NRHP1
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Location
22550 Van Buren Blvd
I-215 at Van Buren Blvd., Riverside
S/SR111, W/Ave 66 to Martinez Rd,
Thermal
Theme2
T, GOV
MIL
NA, E/S
3650 Eleventh St., Riverside
3649 Mission Inn Ave. Riverside
Singleton Cyn. off San Timoteo Cyn.
3225 7th Street, Riverside
248 E. Ramon Road, Palm Springs
ARC
ARC, A/L
E/S
ARC, E/S
T, E/S
SW corner Magnolia Avenue,
E/Arlington, Riverside
120 W. Fourth St., Perris
1510 University Ave, Riverside
N/60, 1500 Rubidoux, Riverside
4050 Main Street, Riverside
SE corner Orange Ave and 7th St., Riv.
3397 7th Street, Riverside
E/I, W/S
ARC, E/S, T
ARC
E/I
ARC, GOV
ARC, GOV
ARC, E/I
N/I-10, SR62, to Utah Trail, 29 Palms
14700 Manzanita Park Rd, Beaumont
3751 Vine St., Riverside
E/S,W,ARC
E/S
ARC, T
W/10, N/60 on San Timoteo Cyn,
Calimesa
Box Canyon, 12 mi NE of Mecca
NE Corner 7th and Vine
Front St. between 1st and 6th. E/S
Monument at Front Street, in Sam
Hicks Park, Temecula
SR 74, across hwy from Lake Hemet
Store, Idyllwild
National Ave between Grand and
Johnson, Mecca
Myrtle Ave. SW 7 mi, at Boundary
Lane, Riverside
N/I-10 at Wiley Well exit, Blythe
1151 Monte Vista Dr., Riverside
SE corner of Main and 10th, Corona
67616 E Desert View, Desert Hot
Springs
NA, E/S
I-10 to Lovekin Road, north to Rice
Street, east to intersection with
commercial street
545 Euclid Ave., Beaumont
28 mi E of Indio, off I-10 N at Chiriaco
Summit. Second plaque 0.2 mi N of I10 on Cottonwood Springs, then 7/8 mi
E on dirt road.
91 Freeway to Main Street
NE corner Ramona and Sixth, Corona
35 miles E of Indio next to Desert
Center Cafe
W, E/I
ARC, E/I
E/I
E/S
E/I
A/L
W, E/I
ARC
ARC, E/S
W, E/S
T, E/I
E/S, ARC
MIL
ARC, GOV
ARC, A/L
E/I
128
129
130
131
132
133
134
Cultural Resource
El Mirador Hotel and Tower
Elsinore Woman’s Club
Fox Theater
Galleano Winery, Cantu Ranch
Lake Norconian Club
M.H. Simon Undertaking Chapel
Martinez Canyon Rockhouse
135
Mission Court Bungalows
136
137
138
139
Moorten Botanical Garden
Old City Hall
Old Moreno School
Palm Canyon Theater*
140
141
142
143
Railway Depot
Ramona Bowl and Ramona Pageant
Riverside Municipal Auditorium and
Soldier’s Memorial Building
Site of Contractor’s General Hospital
144
145
Smiley Place
Soviet Transpolar Landing Site
146
147
148
Speed of Light Experiment
University Heights Jr. High School
Valerie Jean Date Garden, Russell
Nicoll Home, Ol’ King Solo
NRHP1
CSHL
X
X
X
X
CPHI
X
X
X
RCHL
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Location
1150 N Indian Avenue
710 W Graham Avenye, Lake Elsinore
3801 Mission Inn Avenue, Riverside
4231 Wineville Road, Riverside
Junct. of 5th and Western Ave, Norco
SW corner of 11th and Orange, Riv.
BLM, Palm Springs South Coast
Resource Area, N Palm Springs
On 1st and 2nd Streets, between Lime
and Lemon Ave.s, Riverside
1701 S. Palm Canyon, Palm Springs
3612 Mission Inn Avenue, Riverside
28780 Alessandro Blvd.
538 N. Palm Canyon Drive, Palm
Springs
3750 Santa Fe Avenue, Riverside
27400 Ramona Bowl Rd., Hemet
3485 7th St., Riverside
Theme2
A/L
ARC, A/L
ARC, A/L
ARC, E/I
EV, ARC, E/S
ARC
ARC
Next to post office, Ragsdale Road,
Desert Center
82616 Miles Ave, Riverside
On Cottonwood, 0.2 mi W past
intersection with Sanderson St., W of
San Jacinto
Pine Cove Rd, N of SR 243, Idyllwild
2060 University Ave., Riverside
Avenue 66 and SR 86, Thermal
E/I
ARC
AG, A/L
ARC, GOV
E/S
A/L, EV
T
A/L
ARC, A/L
ARC
GOV
E/I
ARC
E/I
Footnotes:
1. Key to Listing Source:
NRHP:
National Register of Historic Places
CSHL:
California State Historical Landmark
CPHI:
California Points of Historic Interest
RCHL:
Riverside County Historical Landmarks
2. Key to Themes:
AG:
Agriculture
ETH:
Ethnic
NA:
Native American
A/L:
Arts and Leisure
EV:
Event
REL:
Religion
ARC:
Architecture
GOV:
Government
T:
Transportation
E/I:
Economic/Industrial
IP:
Information Potential
W:
Water
E/S:
Exploration/Settlement
MIL:
Military
Source: Riverside County, EIR No. 441, Section 4.7, 2003. California State Parks Office of Historic Preservation, Database and Guide to the Historic Landmarks of
Riverside County, accessed October 2014.
The eastern part of Riverside County was strongly influenced by the presence of the Colorado River. Three
indigenous cultures were present in this area at the time of Euro-American contact: the Halchidhoma, Quechan
and Chemehuevi. The first two spoke languages belonging to the Colorado Branch of the Yuman family of the
Hokan language stock. The Chemehuevi spoke a language belonging to the Numic family of the Uto-Aztecan
language stock. Except for the Washo, Numic languages were the only ones spoken throughout the Great Basin
at the time of Euro-American contact. Directly north of the Cahuilla, the Serrano occupied a large territory that
encompassed much of San Bernardino County, edging southward into Riverside County. The Serrano spoke a
language classified within the Serran group of the Takic family of the Uto-Aztecan language stock. See Section
4.7 of EIR No. 441 for further background on these ethnological groups and cultures.
4.9-7
As with the Prehistoric Period, a large number of ethnohistorical resources are also known or expected to occur
within Riverside County. When uncovered as a result of an archeological investigation, such resources are, at
minimum, documented and entered into the statewide recording system maintained by the EIC. In many cases,
when artifacts can be tied to a specific cultural group, such as a Tribe or Band, they may be returned to that tribe
for final disposition, if they are not curated. Of the known ethnohistorical sites that occur within Riverside
County, a few have been listed for special protections, as shown in Table 4.9-A and depicted in Figure 4.9.2
(Historical Resources). The locations of most sites, however, are not publicly available to protect them from
disturbance and preserve their scientific and cultural values.
B.
Historical Era
As generally defined and used in archeology, the advent of written documentation of events separates the Historic
Era from the Prehistoric Period. In Riverside County, the Historic Era is generally said to begin around 1772,
with the European exploration of the western coasts of North America. Key events associated with the Historic
Era include: first European contact with Southern California (1772-1818); establishment and proliferation of the
Spanish missions (1769-1833); Mexican overthrow of Spanish rule in 1821, followed by the Rancho Period as
Mission control ceded to private land ownership; the Treaty of Guadalupe Hidalgo, which ended the MexicanAmerican War in 1848 and lead to California becoming a U.S. territory; the early Californian Period, around 1850
when California officially entered the Union as a free state; the growth period following statehood, increasing
pace after the 1865 end of the U.S. Civil War; expansion, settlement and development, particularly of
transportation, agriculture and water infrastructure from about 1870 to 1920, including incorporation of the
County of Riverside on May 9, 1873; and an additional wave of growth, particularly suburban, following World
War II. Again, see EIR No. 441’s Section 4.7 for additional details on the history of early California.
As with both the Prehistoric and Ethnohistoric Periods, a large number of cultural resources from the Historic
Era are known or expected to occur within Riverside County. In general, the historical resources known to occur
within Riverside County are better documented due to several variables that differ from the earlier eras. As
settlement patterns became more and more fixed, systems of documentation became more regularized and
increasingly preserved. Thus, there is a greater body of “historical record” from which historical resources may
be ascertained, rediscovered and documented. Also, the modern era has seen the development of a greater ethos
of preservation, in which a historical (or prehistorical) resource is recognized as having informational value in its
own right. As a result, many more sites have been documented and preserved when identified. And, of course,
many historic structures and sites dating from only the last century or so are extant (still standing), with many
buildings still being used.
Starting in the 1930s, the preservation of historical (and prehistorical/archeological) resources became systemized
through a number of state and federal regulations (as described below). Once a resource is “listed” pursuant to
one of these regulations, it becomes subject to various levels of additional protection to help preserve the
resource for the enjoyment and use of future generations. Thus, Table 4.9-A provides a catalog of the various
cultural resources that have been listed within Riverside County. In many cases, the resource is located within a
city.
Because of the vast size of Riverside County, Table 4.9-A only includes known listed sites/resources within the
county recognized at the various level indicated and should not be considered exhaustive or exclusive. In particular, the potential exists for sites in the county to have previously unknown archeological and historical resources
present either on the surface or below ground.
4.9-8
1. Archeological Sensitivity
As mentioned above, it is expected that a large number of archeological and historical resources occur within
Riverside County that are currently undiscovered or unknown. This is particularly true for resources that are
located below the ground’s surface. For sub-surface resources, discovery most often only occurs if the site is
disturbed, such as through archeological investigation, or as more commonly happens, when construction
activities such as grading or trenching are initiated.
2. Paleontological Resources
Fossils, which are nonrenewable paleontological resources, are important for dating sedimentary rocks and thus
determining the time of movement of faults against which those sediments lie. Eastern and western Riverside
County have fossiliferous sediments that occur in various settings. In the western portion of Riverside County,
fossils occur in sediments lying on the surface of crystalline bedrock or are deposited in or between the major
fault zones. The eastern desert portions of Riverside County are marked by fault block mountains that contain
older fossil-bearing sediments with younger fossil-containing deposits found around dry lakes, along high stands
of the Salton Sea and in terraces left by the Colorado River. The geological eras represented by the fossil records
found in Riverside County are briefly summarized as follows, and as shown in Table 4.9-B (Paleontological
Resources by Age, Formation and Location), below.
C.
Geological Layers
The oldest fossils in California are from the Proterozoic Age, dating to 900 million years ago. However, no fossils
from this Age are currently known to occur in Riverside County. It is thought that in this portion of Southern
California, fossils earlier than the Jurassic Period may have been destroyed by the natural processes of
metamorphism (geological changes in the rocks and soils). The oldest fossils actually found in Riverside County
date from the Late Jurassic Period (150 million years ago). By the Late Cretaceous Period, at the end of the Age
of Dinosaurs, fossils found include ammonites, clams and giant oysters.
The Cenozoic Era, the Age of Mammals, is divided into the Tertiary Period (65 million years to 2 million years)
and the Quaternary Period, which includes the Pleistocene (2 million years to 10 thousand years) and the
Holocene (10,000 years ago to present). The Tertiary Period records depositional events where continental
sediments mixed with marine sediments. These important fluctuations in sea level are recorded in the Elsinore
Fault Zone in western Riverside County and in the Salton Trough in eastern Riverside County. Riverside County
has yielded notable finds of large fossils from the Tertiary Period including whales, sharks, primitive elephants and
oreodonts, camels and horses.
During the Quaternary Epoch, Riverside County was affected by increased Pleistocene rainfall which filled basins
and fault zones and turned depressions into lakes. The influx of new sediment buried remains of large and small
animals. Deposition of fossiliferous sediment occurred along the margins of the Salton Sea and along the
Colorado River. The climate changed drastically ten thousand years ago from the end of the wet Pleistocene to
the very dry Holocene. The record of changing plants and animals is preserved as mummified samples in the
nests built by pack rats.
4.9-9
D.
Fossil Record
Riverside County has an extensive record of fossil life. Key resources known to occur in Riverside County are
listed in Table 4.9-B, below. The record starts in Jurassic times, 150 million years ago, with diverse marine
mollusks. The oldest Tertiary flora in Southern California is found east of Lake Elsinore and dates to around 60
million years ago. Fossils of 23 million-year-old oreodonts and camels, as well as camel tracks, were found in the
Orocopia Mountains in central Riverside County.
Marine advances are recorded in Corona and the Salton Trough. Marine sandstones of the Imperial Formation in
the Salton Trough are found as far northwest as Cabazon. Three million years ago, near the present Interstate
15/Highway 91 interchange, a white sand beach lapped at the edge of the Pacific Ocean. The subsequent Ice
Ages left fossils of giant sloths, mammoths, camels and bison that were preyed upon by giant bear, American lion
and sabercats.
Table 4.9-B: Paleontological Resources by Age, Formation and Location
Western Riverside
Central Riverside
Eastern Riverside
County
County
County
Mesozoic Era: The Age of Dinosaurs
Jurassic Period The Bedford Canyon Formation in western Riverside County has been dated by a distinctive fauna of ammonites,
150 million years ago
brachiopods and mollusks as Late Jurassic in age.
Late Cretaceous
The Ladd Formation contains Holz Shale which has yielded large ammonites and giant clams distinctive to that time period.
Period - 75 million
Dinosaurs have not yet been found in Riverside County, but are likely to occur in this unit, which encompasses the Santa
years ago
Ana Mountains. Hadrosaur bones from a duck bill dinosaur have been found in nearby Santiago Canyon in Orange County.
Cenozoic Era: The Age of Mammals
General
Western Riverside County has a long
The fossils in central Riverside
The Tertiary record of eastern Riverside
Tertiary record of marine advances and
County are located on the
County includes Eocene marine fossils
retreats. The fossiliferous marine
bedrock isthmus between
and the earliest record of Miocene land
sediments interfinger with sediments from
troughs of marine advances in
mammals in Riverside County.
the continent which contain land
western and eastern Riverside
Deposition of late Miocene and early
mammals. This record spans from 65
County. In part, the marine
Pliocene marine sediments and their
million years to 2 million years ago.
advances were simultaneous
fossils have separate histories in the San
and only 40 miles apart.
Jacinto and San Andreas Fault Zones
and along the Colorado River.
Paleocene EpochThe Martinez Formation, marine and non65 to 55 million years
marine siltstone, sandstone and coal north
ago
of Lake Elsinore, contains Riverside
County’s oldest known fossil flora. The
Silverado Formation in southwestern
Riverside County and Temescal Canyon
consists of non-marine silty sands that
grade upward into marine sediments
containing diverse molluscan fauna.
Eocene Epoch The Santiago Formation crops out in
The Orocopia Mountains contain marine
55 to 34 million years
Santa Ana Canyon. The marine and nonclams, snails and foraminifera. The
ago
marine sandstone contains abundant
Andreas Fault has caused these
marine mollusks.
sediments to move 200 miles away from
their counterparts in the Tejon Pass.
Era
Sources: County of Riverside, EIR No. 441, Section 4.7, 2003. Bortugno, E.J., and Spittler, T.E., Geologic Map of the San Bernardino Quadrangle: California
Division of Mines and Geology, Regional Geologic Map Series, Map No. 3A, Scale 1:250,000, 1986.
1. Paleontological Sensitivity
Figure 4.9.3 (Paleontological Sensitivity) identifies the sensitivity of lands within Riverside County in relation to
the potential for finding paleontological resources. The Paleontological Sensitivity map classifies lands into the
4.9-10
categories below. It should be noted that the map does not substitute for site-specific investigations, as deemed
necessary.
a. Low Potential
Lands for which previous field surveys and documentation demonstrate as having a low potential for containing
significant paleontological resources subject to adverse impacts. The mapping of low potential was determined
based on actual documentation and was not generalized to cover all areas of a particular rock unit on a geologic
map.
It must be noted that surface geology, such as soils, are not always indicative of subsurface geology or the
potential for paleontological resources. For instance, an area mapped as soil type “Qal” may actually be a thin
surficial layer of non-fossiliferous sediments which covers fossil-rich Pleistocene sediments. Also, an area mapped
as granite may be covered by a Pleistocene soil horizon that contains fossils. Thus, actual sensitivity must be
ultimately determined by both a records search and a field inspection by a paleontologist.
b. Undetermined Potential
Areas underlain by sedimentary rocks for which literature or unpublished studies are not available have
undetermined potential for containing significant paleontological resources. These areas need to be inspected by a
qualified vertebrate paleontologist before a specific determination of high potential or low potential can be
assigned.
c. High Potential
Sedimentary rock units with high potential for containing significant non-renewable paleontological resources
include rock units in which vertebrate or significant invertebrate fossils have been found or determined likely to
be present. These units include, but are not limited to, sedimentary formations which contain significant nonrenewable paleontological resources anywhere within their geographical extent and sedimentary rock units
temporally or lithologically suitable for the preservation of fossils. High sensitivity includes not only the potential
for yielding abundant vertebrate fossils, but also for production of a few significant fossils that may provide new
and significant data. High sensitivity areas are mapped as either “High A” or “High B,” according to the following
criteria:
High Sensitivity A: High A is based on geologic formations or mapped rock units that are known to contain or
have the correct age and depositional conditions to contain significant paleontological resources. These include
rocks of Silurian or Devonian age and younger that have potential to contain remains of fossil fish, and Mesozoic
and Cenozoic rocks that contain fossilized body elements and trace fossils such as tracks, nests and eggs.
High Sensitivity B: High B is a sensitivity equivalent to High A, but is based on the occurrence of fossils at a
specified depth below the surface. This category indicates fossils that are likely to be encountered at or below 4
feet of depth and may be impacted during construction activities.
4.9-11
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4.9-12
Tabtulabal
Salinan
Kawalisu
Southern
Valley
Yokuts
N E VA D A
Southern
Paiutes
Kitanemuk
Chumash
Serrano
Tataviam
Chemehuev
Mojave
Gabrieliño
Halchidhoma
PACIFIC
OCEAN
ARIZONA
Cahuilla
Juaneño
Luiseño
Cupeño
Quechan
Kumeyaay
Mexico
Path: \\agency\tlmagis\Projects\Planning\CindysPurpleMapGallery\Fig4.9.1-TribalLands.mxd
Data Source: Pacific West Traders, Tribal Areas of California Map (2006)
Cahuilla
Gabrieliño
Kumeyaay
Serrano
Chemehuev
Halchidhoma
Luiseño
Southern Paiutes
Chumash
Juaneño
Mojave
Southern Valley Yokuts
Cupeño
Kawalisu
Quechan
Tabtulabal
Foothill Yokuts
Kitanemuk
Salinan
Tataviam
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Disclaimer: Maps and data are to be used for reference purposes only. Map features are
approximate, and are not necessarily accurate to surveying or engineering standards. The
County of Riverside makes no warranty or guarantee as to the content (the source is often third
party), accuracy, timeliness, or completeness of any of the data provided, and assumes no
legal responsibility for the information contained on this map. Any use of this product with
respect to accuracy and precision shall be the sole responsibility of the user.
Riverside County
Figure 4.9.1
SOUTHERN CALIFORNIA
TRADITIONAL TRIBAL AREAS
4.9-14
LOS
ANGELES
COUNTY
SAN
BERNARDINO
COUNTY
62
Ä
80 33
107
EASTVALE
108
§
¨
¦
15
CORONA
60
91
Ä
103
97
44
215
BANNING
61
60
Ä
RIVERSIDE
66
24
70
87
79
Ä
112
89
§
¨
¦
34
79
§
¨
¦
5
7
25
23
77
§
¨
¦
PERRIS
15
74
Ä
LAKE
ELSINORE
55
Ä
27
MENIFEE
18
106
73
Ä
243
117
51
HEMET
65
111 6
SAN
JACINTO
116
59 113
Ä
48
CATHEDRAL
CITY
RANCHO
MIRAGE
37
84
§
¨
¦
50
3
INDIO
105
115 41
INDIAN
WELLS
36
101
104
COACHELLA
PALM
SPRINGS
215
WILDOMAR
74
45
PALM
DESERT
63
58
95
£
¤
177
93
74
Ä
85
29
10
121
98
62
Ä
42
120 54
35
DESERT HOT
SPRINGS
BEAUMONT
215
ORANGE
COUNTY
76
99
21
MORENO
VALLEY
26
8
49
62 16
CALIMESA
94
32
10
§
¨
¦
75
30
NORCO
9
102
43
15
22
JURUPA
VALLEY
10
§
¨
¦
LA QUINTA
88
74
Ä
BLYTHE
19
28
MURRIETA
47
119 67
Ä
13
371
92
20
110
46
91
79
Ä
TEMECULA
15
§
¨
¦
56
2
17
100
Ä
86S
86
Ä
111
Ä
96
4
78
Ä
SALTON
SEA
LA PAZ
COUNTY, AZ
SAN DIEGO
COUNTY
60
Ä
11
IOWA AVE
MAIN ST
IMPERIAL
COUNTY
LAKE
EVANS
MISS
IO
FAIRMOUNT
LAKE
1S
82 57 T ST
53
68
69
81
111
52
86
109 90
N BL
VD
Ä
91
12
71
14
AV
E
OO
D
IA
MA
GN
OL
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31
14
TH
40
ST
OL
IVE
W
AV
E
118
38
JURUPA AVE
114
CHICAGO AVE
ST
ET
RK
RU
MA
BI
DO
UX
BL
VD
PACIFIC
OCEAN
72
§
¦
¨
215
83
64
78
MARTIN LUTHER KING BLVD
Exploration
Highways
Mission
Area Plan Boundary
Mexican/Rancho
City Boundary
Early Californian
Waterbodies
Early Statehood
95
Post WWI to WWII
CENTR
AL AVE
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Exploration Period (1772-1818)
1
Anza crossing of Santa Ana River
2
Anza Camp and Crossing
3
Indian Wells
Mission Period (1769-1833)
4
Dos Palmas
5
Old Temescal Road
6
The Original Palm Springs
7
Serrano Boulder
8
Serrano Tanning Vats
Mexican/Rancho Period (1833-1848)
9
Bandini-Cota Adobe
10
Bandini Adobe Site
11
Louis Rubidoux House
12
Mt Roubidoux
13
Rancho Santa Rosa
14
Rubidoux Grist Mill
15
Trujillo Adobe
Early Californian Period (1848-1869)
16
Weaver Adobe
17
Bradshaw Ferry Crossing
18
Butterfield Stage Station
19
Corn Springs
20
First Post Office, Temecula
21
Frink Ranch
22
Jensen Alvarado Ranch
23
Pinacate Mining District
24
SAAHATAPA
25
Southern Hotel
26
Temescal Tin Mines
27
Third Serrano Adobe
28
Toro Village
29
Whitewater
Early Statehood (1869-1919)
30
Administration Building, Sherman Institute
31
All Souls Universalists Church
32
Arlington Library and Fire Hall
33
Armory Hall
34
Banning Woman's Club
35
Barker Dam
36
Blythe Intake
37
Camp Emerson
38
Chinatown
39
Citrus Experiment Station
40
Citrus Machinery Pioneering
41
Coachella Valley Water District
42
Coplin House
43
Carnegie Andrew Library
44
Corona High School
45
Cottonwood Oasis
46
Cottonwood School
47
Date Industry Birthplace
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
Desert Inn
Desert Queen Mine
Elsinore's Hottest Sulphur Spring
Estudillo Mansion
First Church of Christ
First Congregational Church of Riverside
Gilman Ranch
Hall City & Grade
Hamilton School
Harada House
Hemet Dam & Lake Hemet
Hemet Depot
Heritage House
Highgrove Hydroelectric Plant
Highland Springs
Idyllwild
Loring Opera House
Lost Horse Mine
March Field Historic District
Martinez Historic District
Masonic Temple
Mission Inn
Nobles Ranch
North Park
Old YWCA Building
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
Palmdale Railroad Site
Palo Verde Diversion Dam
Parent Navel Orange Tree
Pedley-Type Dam
Perris Depot
Peter Weber House
Henderson/Reid Building
Riverside Cement Co
Riverside County Courthouse
Federal Post Office
Riverside-Arlington heights Fruit Exchange
Garbani Rocco Homestead
Ryan House & Lost Horse Well
San Pedro, LA and Salt Lake Railroad Depot
San Timoteo Canyon Schoolhouse
Shaver's Well
St Boniface School
Sutherland Fruit Company
Temecula Old Town Historic District
Temecula Quarries
Thomas-Garner Ranch
Victoria Avenue
William Childs House
Wiley's Well
Woman's Improvement Club
98
Yerxa's Discovery
99
Beaumont Carnegie Library
Post WWI to WWII Period (1920-1945)
100
Blythe Depot
101
Site of Contractor's Hospital
102
Corona Founders Monument
103
Corona Theater
104
Desert Training Center
105
Eagle Mountain Iron
106
El Mirador Hotel and Tower
107
Galleano Winery
108
Lake Norconian Club
109
M.H. Simon Undertaking Chapel
110
Martinez Canyon Rockhouse
111
Mission Court Bungalows
112
Old Moreno School
113
Ramona Bowl
114
Riverside Municipal Auditorium and Soldier's Memorial Building
115
Smiley Place
116
Soviet Transpolar Landing Site
117
Speed of Light Experiment
118
University Heights Jr. High School
119
Valerie Jean Date Garden
120
Bogart House
121
Old Banning High School
Data Source: Riverside County (2011)
Figure 4.9.2
HISTORICAL RESOURCES
4.9-16
LOS
ANGELES
COUNTY
SAN
BERNARDINO
COUNTY
62
Ä
60
Ä
§
¨
¦
15
§
¨
¦
215
62
Ä
60
Ä
Ä
91
79
Ä
Ä
111
Ä
243
15
§
¨
¦
74
Ä
95
£
¤
177
10
§
¨
¦
74
Ä
§
¨
¦
74
Ä
ORANGE
COUNTY
Ä
10
§
¨
¦
215
74
Ä
79
Ä
Ä
371
15
§
¨
¦
79
Ä
Ä
86S
86
Ä
Ä
111
78
Ä
SALTON
SEA
LA PAZ
COUNTY, AZ
SAN DIEGO
COUNTY
IMPERIAL
COUNTY
PACIFIC
OCEAN
\\agency\tlmagis\Projects\Planning\SafetyElement\Subsidance.mxd
Data Source: LSA Associates (1999)
High A (Ha)
Highways
High B (Hb)
Waterbodies
Low
Figure 4.9.3
Undetermined
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PALEONTOLOGICAL SENSITIVITY
4.9-18
4.9.3
Policies and Regulations Addressing Cultural and
Paleontological Resources
Existing cultural resources, including historical and archeological, and paleontological resources within Riverside
County are protected through a wide variety of policies and regulations. The following existing federal and state
policies and regulations are intended to ensure the preservation of cultural, historical and archeological resources
in Riverside County:
Historic properties can consist of prehistoric or historic archeological resources. The National Register of
Historic Places defines an archeological site as “the place or places where the remnants of a past culture survive in
a physical context that allows for the interpretation of these remains.” As outlined below, historic properties and
resources are protected under a wide variety of policies and regulations. Additionally, cultural and paleontological
resources are recognized as a non-renewable resource and require further analysis and mitigating protection under
CEQA. There are also a number of laws and regulations designed to protect Native American interests in cultural
resources, particularly human remains and associated funerary objects, which receive additional protection under
Public Resources Code (PRC) Section 5097.98. The various state and federal regulations that deal with cultural
and paleontological resources include the following:
A.
Federal Regulations
National Historic Preservation Act: The National Historic Preservation Act (NHPA) was passed in 1966 and
is codified in Title 16, Section 470 et seq. of the U.S. Code (USC). The goal of the Act is to ensure federal agencies
act as responsible stewards of our nation's resources when their actions affect historic properties. Among the
regulations of the NHPA, Section 106 requires federal agencies to take into account the effects of their
undertakings on historic properties and afford the Advisory Council on Historic Properties (ACHP) a reasonable
opportunity to comment. The historic preservation review process mandated by Section 106 is outlined in
regulations issued by ACHP. See Title 36 Code of Federal Regulations (CFR) Part 800, “Protection of Historic
Properties.”
Section 106 applies when two thresholds are met: 1) there is a federal or federally-licensed action, including
grants, licenses and permits, and 2) that action has the potential to affect properties listed in or eligible for listing
in the National Register of Historic Places. Section 106 requires each federal agency to identify and assess the
effects of its actions on historic resources. The responsible federal agency must consult with appropriate state and
local officials, Indian Tribes, applicants for federal assistance and members of the public, and consider their views
and concerns about historic preservation issues when making final project decisions. The agency should also plan
to involve the public and identify any other potential consulting parties. If the agency determines that it has no
undertaking or that its undertaking is a type of activity that has no potential to affect historic properties, the
agency has no further Section 106 obligations.
Pursuant to Section 106, impacts to a cultural site or artifact must be declared “significant,” “potentially
significant” or “not significant.” Under NHPA regulations, impacts to “significant” archeological sites must be
mitigated for, while “not significant” archeological remains need not. A “potentially significant” determination is
utilized when there is not enough information to make a conclusive ruling. NHPA mitigation would not be
necessary for archeological sites avoided during development.
4.9-19
National Register of Historic Places (NRHP): Developed in 1981 pursuant to Title 36 CFR Section 60, the
NRHP provides 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. It should be noted that the listing of a private property on the
NRHP does not prohibit any actions which may otherwise be taken by the property owner with respect to the
property. The listing of sites in California to the National Register is initiated through an application submitted to
the State Office of Historical Preservation. Applications deemed suitable for potential consideration are handled
by the State Historic Preservation Officer. All NRHP listings for sites in California are also automatically added
to the California Register of Historical Resources by the State of California. The listing of a site on the NRHP
does not generally result in any specific physical protection. Among other things, however, it does create an
additional level of CEQA (and NEPA, the National Environmental Protection Act) review to be satisfied prior to
the approval of any discretionary action occurring that might adversely affect the resource.
National Historic Landmarks Program: The National Historic Landmarks Program, developed in 1982 and
as authorized by the Historic Site Act, identifies and designates National Historic Landmarks (NHLs) to
“encourage the long-range preservation of nationally-significant properties that illustrate or commemorate the
history and prehistory of the U.S.” The program is administered by the Department of the Interior pursuant to
36 CFR Section 65.5. Unlike any of the other state or federal registries, sites listed on the NHL are explicitly
preserved and protected from harm under federal law.
American Indian Religious Freedom Act: This Act became law in 1978 (Public Law 95-341, 42 USC 1996
and 1996a) in order to protect and preserve for American Indians their inherent right of freedom to believe,
express and exercise their traditional religions. These religious rights extend to, but are not limited to, access to
sites, use and possession of sacred objects and the freedom to worship through ceremonials and traditional rites.
Under this regulation, federal agencies and departments are charged with evaluating their policies and procedures
in consultation with native traditional religious leaders in order to eliminate interference with the free exercise of
native religion. Agencies must determine and make appropriate changes necessary to protect and preserve Native
American religious cultural rights and practices, and to accommodate access to and use of religious sites “to the
extent that the use is practicable and not inconsistent with an agency’s essential functions.” The intent is to
protect Native Americans’ First Amendment right to “free exercise” of religion.
Native American Graves Protection and Repatriation Act (NAGPRA): Enacted in 1990 under Title 25 USC
Section 3001, NAGPRA describes the rights of Native American lineal descendants, Indian Tribes and Native
Hawaiian organizations with respect to treatment, repatriation and disposition of Native American cultural items
for which they can show a relationship of lineal descent or cultural affiliation. The statute also requires federal
agencies and museums receiving federal funds to inventory holdings of Native American human remains and
funerary objects and provide written summaries of other cultural items. In an attempt to recognize the religious
and cultural significance of such sites and to protect their sacred integrity, it also provides for greater protection
of Native American burial sites and more careful control over the removal of Native American human remains,
funerary objects, sacred objects and items of cultural patrimony on federal and tribal lands.
Federal Antiquities Act: The federal Antiquities Act of 1906 was enacted with the primary goal of protecting
cultural resources in the United States. As such, it explicitly prohibits appropriation, excavation, injury and
destruction of “any historic or prehistoric ruin or monument, or any object of antiquity” located on lands owned
or controlled by the federal government without permission of the Secretary of the federal department with
jurisdiction. It also establishes criminal penalties, including fines and/or imprisonment, for these acts. Neither
the Antiquities Act itself nor its implementing regulations (Title 43, CFR Part 3) specifically mentions
paleontological resources. However, several federal agencies – including the National Park Service, the Bureau of
4.9-20
Land Management and the U.S. Forest Service – have interpreted objects of antiquity as including fossils.
Consequently, the Antiquities Act also represents an early cornerstone for efforts to protect the nation’s
paleontological resources.
Paleontological Resources Preservation Act: The federal Paleontological Resources Preservation Act of 2002
(PRPA) was specifically intended to codify the generally accepted practice of limiting collection on public (federal)
land of vertebrate fossils and other rare and scientifically significant fossils to qualified researchers who obtain a
permit from the appropriate state or federal agency and agree to donate any materials recovered to recognized
public institutions where they will remain accessible to the public and to other researchers.
Actions by the U.S. Army Corps of Engineers: Appendix C of Title 33 CFR Section 325 establishes
procedures to be followed by the U.S. Army Corps of Engineers (ACOE) to fulfill the requirements of the
National Historic Preservation Act (NHPA), as well as other applicable historic preservation laws and Presidential
directives related to historic resources potentially affected by ACOE actions (including issuance of permits
pursuant to the federal Clean Water Act [CWA]). It specifies that when a project’s authorization requires a federal
action (for example, issuance of permit pursuant to Section 404 of the CWA), the project must comply with the
requirements of Section 106 of the NHPA.
B.
State Regulations and Protection Programs
California Administrative Code, Title 14, Section 4308 4307: This section states that “No person shall
remove, injure, deface or destroy any object of paleontological, archeological or historical interest or value.”
California Code of Regulations (CCR): In addition, CCR Title 14 Section 1427 recognizes that “California’s
archeological resources are endangered by urban development and population growth and by natural forces.”
Accordingly, the State Legislature finds that “these resources need to be preserved in order to illuminate and
increase public knowledge concerning the historic and prehistoric past of California.” Lastly, it states that any
person “not the owner thereof, who willfully injures, disfigures, defaces or destroys any object or thing of
archeological or historical interest or value, whether situated on private lands or within any public park or place, is
guilty of a misdemeanor.” The code also specifies that it is a misdemeanor to “alter any archeological evidence
found in any cave or to remove any materials from a cave.” (See also, Sections 6221/2 and 623 of the California
Penal Code.)
California Register of Historic Resources: The State’s Office of Historic Preservation (OHP) manages and
oversees the California Register of Historic Resources (CRHR), which is intended to serve as “an authoritative
guide to the state’s significant historical and archeological resources.” As outlined in PRC Section 5020 et seq.,
resources listed must meet one of four “significance criteria” related to events, people, construction/artistic value
or information. Sites must also retain sufficient integrity to convey their significance. The CRHR includes a
number of types resources, including: all properties listed in or determined formally eligible for listing in the
NRHP; all California Historical Landmarks from #770 onward; specific California Historical Landmarks issued
prior to #770 and certain California Points of Historical Interest, as deemed appropriate for listing by the
California Historic Resources Commission; and, any properties nominated per OHP regulations. California
Historical Landmarks are intended to recognize resources of statewide significance. Points of Historical Interest
recognize resources of local or countywide significance. And lastly, as mentioned above, all NRHR listings within
California are automatically added to the CRHR. The listing of a site on a California State register does not
generally result in any specific physical protection. Among other things, however, it does create an additional
level of CEQA review to be satisfied prior to any discretionary action occurring that might adversely affect the
resource.
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Traditional Tribal Cultural Places Act (Senate Bill 18): Senate Bill 18 (SB 18) enacted in 2004 requires local
governments to consult with Native American groups at the earliest point in the local government land use
planning process for General Plan Amendments, Specific Plans and Specific Plan Amendments. The consultation
is intended to establish a meaningful dialogue regarding potential means to preserve Native American places of
prehistoric, archeological, cultural, spiritual and ceremonial importance. It also establishes a means for Tribes to
hold conservation easements and for tribal cultural places to be included in open space planning.
Regulation of Cultural Resources Pursuant to the Public Resources Code: Section 5097 of the California
Public Resources Code (PRC) outlines the requirements for cultural resource analysis prior to the commencement
of any construction project on state lands. It further specifies that the unauthorized disturbance or removal of
archeological, historical or paleontological resources located on public lands (including those owned by counties,
cities, etc.) is a misdemeanor. It also prohibits the knowing destruction of objects of antiquity without a permit
(i.e., expressed permission) on public lands and provides for criminal sanctions for violators. The section was
amended in 1987 to require consultation with the California Native American Heritage Commission whenever
Native American graves are found. It also establishes that violations for taking or possessing remains or artifacts
are felonies.
PRC Sections 5097.9 through 5097.991 establish that no public agency or private party using or occupying public
property (or operating on under a public license, permit, grant, lease or contract made after July 1, 1977) shall in
any manner interfere with the free expression or exercise of Native American religion as provided in the U.S.
Constitution and the California Constitution. It also prohibits such agencies and parties from causing severe or
irreparable damage to any Native American sanctified cemetery, place of worship, religious or ceremonial site or
sacred shrine located on public property, except on a clear and convincing showing that the public interest and
necessity so require it.
These sections also establish the state’s Native American Heritage Commission (NAHC). The NAHC is tasked
with working to ensure the preservation and protection of Native American human remains, associated grave
goods and cultural resources. Towards this end, the NAHC has a strategic plan for assisting the public,
development communities, 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. In 2006, PRC Sections 5097.91 and 5097.98 were amended by State Assembly Bill
2641 to authorize the NAHC to bring legal action when necessary to prevent damage to Native American burial
grounds or places of worship. It also established more specific procedures to be implemented in the event that
Native American remains are discovered.
California Public Resources Code Related to Paleontological Resources: Several sections of the California
Public Resources Code protect paleontological resources. Section 5097.5 prohibits “knowing and willful”
excavation, removal, destruction, injury and defacement of any paleontological feature on public lands (lands
under state, county, city, district or public authority jurisdiction, or the jurisdiction of a public corporation), except
where the agency with jurisdiction has granted express permission. Section 30244 requires reasonable mitigation
for impacts on paleontological resources that occur as a result of development on public lands. The California
Administrative Code Sections 4307-4309, relating to the State Division of Beaches and Parks, afford protection to
geologic features and “paleontological materials,” but grant the director of the state park system authority to issue
permits for specific activities that may result in damage to such resources, if the activities are for state park
purposes and in the interest of the state park system.
California Government Codes Addressing Native American Heritage: Section 6254(r) of the Government
Codes exempts from disclosure public records of Native American graves, cemeteries and sacred places
maintained by the NAHC. Pursuant to SB 18, GC Section 65351 specifies how local planning agencies should
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provide opportunities for involvement of California Native American tribes to consult on the preparation or
amendment of general plans. In particular, GC Section 65352 requires local planning agencies to refer proposed
actions of general plan adoption or amendment to California Native American tribes on the contact list
maintained by the NAHC and others, with a 45-day opportunity for comments.
In regards to historical properties, GC Section 25373 and 37361 allows city and county legislative bodies to
acquire property for the preservation or development of a historical landmark. It also allows local legislative
bodies to enact ordinances to provide special conditions or regulations for the protection or enhancement of
places or objects of special historical or aesthetic interest or values. Lastly, GC Sections 50280-50290 implement
the Mills Act which allows the negotiation of historical property contracts between a private property owner of a
“qualified historical property” and provides additional guidelines for such contracts.
State Health and Safety Code: The Healthy and Safety Code (HSC) Section 7050.5(b) requires that excavation
on a project site cease “in the event of discovery or recognition of any human remains in any location other than
a dedicated cemetery” until the coroner can determine regarding the circumstances, manner and cause of any
death. The coroner is then required to make recommendations concerning the treatment and disposition of the
human remains. Further, this section of the code makes it a misdemeanor to intentionally disturb, mutilate or
remove interred human remains. Section 7051 specifies that the removal of human remains from “internment or
a place of storage while awaiting internment” with the intent to sell them or to dissect them with “malice or
wantonness” is a public offense punishable by imprisonment in a state prison. Lastly, HSC Sections 8010-8011
establish the California Native American Graves Protection and Repatriation Act consistent with the federal law
addressing the same. The Act stresses that “all California Indian human remains and cultural items are to be
treated with dignity and respect.” It encourages voluntary disclosure and return of remains and cultural items by
publicly funded agencies and museums in California. It also outlines the need for aiding California Indian tribes,
including non-federally recognized tribes, in filing repatriation claims.
C.
California Environmental Quality Act (CEQA) Directives
In many cases, CEQA provides fairly wide latitude for a Lead Agency to determine environmental impacts and
their level of significance. For historical resources, however, CEQA includes explicit standards in several areas.
This includes determining when a resource is “historically significant” or “unique,” as well as when an impact to
such resource is significant. The result is a series of steps that are applied to the consideration of cultural
resources.
First, it must be determined whether an “historic resource” is present. Secondly, it must be determined if the
project would cause a “substantial adverse change” in the significance of an historical resource. Additionally, sites
not qualifying as an historic resource could be found to be a “unique archeological resource,” which are also
afforded protection. These terms are defined in the State CEQA Guidelines, as noted below. If an archeological
resource is neither a “unique archeological resource” nor an “historic resource,” then affects to it are not
considered significant under CEQA.
1. Definition of “Historical Resources”
Under CCR Section 15064.5(a) an “historical resource” is defined as including the following:
(1) A resource listed in, or determined to be eligible by the State Historical Resources Commission for listing
in, the California Register of Historical Resources.
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(2) A resource included in a local register of historical resources, as defined in PRC Section 5020.1(k) or
identified as significant in an historical resource survey meeting the requirements of PRC Section
5024.1(g) shall be presumed to be historically or culturally significant. Public agencies must treat any
such resource as significant unless the preponderance of evidence demonstrates that it is not historically
or culturally significant.
(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 may be considered to be an historical
resource, provided the lead agency’s determination is supported by substantial evidence in light of the
whole record. Generally, a resource shall be considered by the lead agency to be “historically significant”
if the resource meets the criteria for listing on the California Register of Historic Places, including the
following:
i.
Is associated with events that have made a significant contribution to the broad patterns of
California’s history and cultural heritage;
ii. Is associated with the lives of persons important in our past;
iii. 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
iv. Has yielded, or may be likely to yield, information important in prehistory or history.
2. Definition of “Substantial Adverse Change”
CCR Section 15064.5(b) defines a “substantial adverse change” as meaning the “physical demolition, destruction,
relocation or alteration of the resource or its immediate surroundings” such that the significance of the historical
resource would be “material impaired.” This term is further defined as being when a project, “demolishes or
materially alters in an adverse manner those physical characteristics of an historical resource that” does any of the
following:
(1) Conveys its historical significance and justify its inclusion in, or eligibility for, inclusion in the California
Register of Historical Resources.
(2) Accounts for its inclusion in a local register of historical resources pursuant to PRC Section 5020.1(k) or
its identification in an historical resources survey meeting the requirements of PRC Section 5024.1(g),
unless the public agency reviewing the effects of the project established by a preponderance of evidence
that the resource is not historically or culturally significant.
(3) Conveys its historical significance and justifies its eligibility for inclusion in the California Register of
Historical Resources, as determined by a lead agency for the purposes of CEQA.
3. Definition of “Unique Archeological Resource”
PRC Section 21083.2(g) defines this as “an archeological 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:
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(1) Contains information needed to answer important scientific research questions and that 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.”
Accordingly, CEQA Section 21083.2 specifies that if a project will cause damage to a unique archeological
resource, the lead agency may “require reasonable efforts to be made to permit any or all of these resources to be
preserved in place or left in an undisturbed state.” “Preservation in place” is when the relationship between
artifacts and the archeological context of the site is kept intact. This can be accomplished by avoiding
construction on the archeological site; incorporating a park, greenspace or other open space around or over the
site; and deeding the resource site into a permanent conservation easement. Other forms of conservation are to
be considered as well.
Section 15064.5(c) of the State CEQA Guidelines also establishes that if “maintenance, repair, stabilization,
rehabilitation, restoration, preservation, conservation or reconstruction” of the historical resource is conducted
“in a manner consistent with” the [U.S.] Secretary of the Interior’s Standards for the Treatment of Historic
Properties (Weeks and Grimmer, 1995), then the project’s impact on the historical resource “shall generally be
considered mitigated to below a level of significance.”
Lastly, CCR Section 15126.4(b) specifies that when “data recovery through excavation is the only feasible
mitigation,” a data recovery plan shall be prepared and adopted prior to any excavation being undertaken. The
data recovery plan is designed to provide for adequately recovering the scientifically consequential information
from and about the historical resource using current industry standards in archeological methods. In Riverside
County, the resultant study is deposited with the Eastern Information Center at UCR. Any human remains
recovered shall be treated in accordance with the provisions of [HSC] Section 7050.5.
In terms of specific mitigation for archeological resources, PRC Section 21083.2 also specifies a variety of
financial standards for funding such measures and limits the amount that can be required to be spent. In some
cases, such as for significant historic resources, these limits do not apply.
D.
County Ordinances, Regulations and Programs
1. Ordinance No. 578 - Establishment of Historic Preservation Districts
This ordinance is intended to facilitate the preservation of areas deemed historically important to the County of
Riverside. The ordinance specifies that a Historic Preservation District may be established if the Riverside
County Board of Supervisors adopts a resolution that includes the boundaries of the Historic Preservation
District and finds that the proposed Historic Preservation District is in conformity with the Cultural and
Paleontological section of the Multipurpose Open Space Element of the Riverside County General Plan. It must
also find that, for the county, state or nation: the area exemplifies or reflects significant aspects of the cultural,
political, economic or social history; the area is identified with historic personages or with important events in
history; or, that the area embodies the distinguishing characteristics of a significant architectural period which is
inherently valuable for the study of architecture unique to the history of the county, state or nation.
4.9-25
Under this ordinance, no building or structure within the boundaries of an adopted Historic Preservation District
can be constructed or altered, except in strict compliance with the plans approved in conjunction with the
issuance of a Historic District Alteration Permit by the Riverside County Planning Director. The ordinance also
outlines how such certificates are to be reviewed and processed in order to preserve the “historical significance
and related construction theme” of the Historic District.
2. Riverside County Historic Preservation Commission
The Riverside County Historical Commission was established in 2005 to advise the Board of Supervisors on
historical preservation matters. It is tasked with working to discover and identify persons, events and places of
historical importance within Riverside County, and to make recommendations relating to the preservation of
appropriate historic sites and structures. To accomplish this, the Commission established criteria and procedures
to identify and recognize historic landmarks in Riverside County. These criteria should be used when reviewing a
potentially historically or culturally significant site that could be affected by the proposed development. Such
resources are noted in the countywide list provided in Table 4.9-A.
3. Riverside County Planning Department Procedures
The Riverside County Archeologist reviews all proposed land use projects subject to CEQA and not otherwise
deemed categorically exempt. The Riverside County Archeologist reviews various internal databases for
information that might pertain to the age of any buildings found on site, grading permits, ground disturbance
activities and building permits. Where buildings are 45 years or older, the project applicant is required to perform
an architectural history evaluation to assess potential historic value as part of a Phase I Cultural Resources study.
When the study is completed, and if historic-period resources were identified during a survey, a copy of the report
is transmitted to the Riverside County Historic Preservation Officer (CHPO) for review and comment. The
CHPO sends relevant comments back to the Riverside County Archeologist.
Vacant parcels within areas known to have prehistoric or historic resources trigger a Phase I Cultural Resources
study. Similarly, any parcels with environmental, geomorphological or vegetative features known to increase the
likelihood of cultural resources being present trigger a “Phase I” cultural resources study. Such studies are
required to follow the reporting formula found on the Riverside County Planning Department’s website which
mirror the recommendations published by the SHPO in 1987.
The Riverside County Archeologist reviews all Phase I cultural resources studies for completeness and reasonable
conclusions based on current industry standards in archeology. The Phase I study serves to advise the Riverside
County Archeologist on matters relating to any identified prehistoric or historic resources, provide the requisite
information to complete the project-related CEQA analysis and guide the Riverside County Archeologist in
determining which land use conditions of approval and/or mitigation measures apply to the proposed project.
Copies of studies are provided to tribes, upon their request, as a confidential document. If a proposed project is
subject to the requirements of the Traditional Tribal Places Act (commonly referred to as Senate Bill 18), a Phase
1 report is forwarded to tribes who request it as part of consultation under SB 18. Typically, official tribal
consultations are scheduled after the report has been sent to the tribe(s) to maximize consultation efforts.
In order to ensure the review and protection of paleontological resources for projects subject to CEQA and not
otherwise categorically exempt, the Riverside County Geologist performs an initial review of the County of
Riverside’s database and mapped information for the subject site. When existing information indicates that a site
proposed for development has high paleontological sensitivity, a paleontological resource impact mitigation
4.9-26
program (PRIMP) is required for the project. The PRIMP shall specify the steps to be taken to mitigate impacts
to paleontological resources. If the site warrants protection, then an “Environmental Constraint” is placed on the
approved map for the project, stating that:
“This site, as delineated on this ECS map and as indicated in the county’s General Plan, has been mapped
as having a high potential for containing significant nonrenewable fossil material. The proposed project’s
potential to impact paleontological resources has been determined to be possible. Therefore, mitigation of this
potential impact in the form of monitoring of all site earth-moving activities and collection/curation of all
significant fossils unearthed is required unless proven unnecessary through comprehensive literature research
and site inspection.”
When existing information indicates that a site proposed for development has low paleontological sensitivity, no
direct mitigation is required unless a fossil is encountered during site development. Should a fossil be
encountered, the Riverside County Geologist must be notified and a paleontologist must be retained by the
project proponent. The paleontologist documents the extent and potential significance of the paleontological
resources on the site and establishes appropriate mitigation measures for further site development.
When existing information indicates that a site proposed for development has undetermined paleontological
sensitivity, a report is filed with the Riverside County Geologist documenting the extent and potential significance
of the paleontological resources on site and identifying mitigation measures for the fossil and for impacts to
significant paleontological resources.
Listed below are the standardized conditions of approval pertaining to cultural and paleontological resources.
Based on the foregoing information, the Riverside County Archeologist may tailor these conditions or apply
additional conditions as the individual project-specific circumstances, Phase 1 cultural resources study and any
“Phase II” archeological testing studies dictate. Testing is done to obtain additional information toward a
significance evaluation for CEQA purposes.
4. General Conditions of Approval for Discretionary Actions
The following items are the generic Conditions of Approval typically applied to proposed development projects
by the Riverside County Archeologist for cultural resources, as deemed warranted by site conditions and/or data.
For the remaining items in this sub-section, the term “project” refers to the future development project for which
the conditions would apply, not specifically to GPA No. 960.
a. General Conditions Applied for Cultural / Native American Resources
General Condition – If Human Remains Found: The developer/permit holder or any successor in interest
shall comply with the following codes for the life of [the proposed] project:
If human remains are encountered, State [HSC] Section 7050.5 states that no further disturbance shall occur until
the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to Public
Resources Code Section 5097.98(b), remains shall be left in place and free from disturbance until a final decision
as to the treatment and their disposition has been made. If the Riverside County Coroner determines the remains
to be Native American, the Native American Heritage Commission shall be contacted within the period specified
by law.
4.9-27
Subsequently, the Native American Heritage Commission shall identify the “Most Likely Descendant.” The Most
Likely Descendant shall then make recommendations and engage in consultation with the County of Riverside
and the property owner concerning the treatment of the remains as provided in Public Resources Code Section
5097.98. Human remains from other ethnic/cultural groups with recognized historical associations to the project
area shall also be subject to consultation between appropriate representatives from that group and the Riverside
County Planning Director.
General Conditions – Inadvertent Archeological Find: The developer/permit holder or any successor in
interest shall comply with the following for the life of [the proposed] project:
If during ground disturbance activities, cultural resources are discovered that were not assessed by the
archeological reports and/or environmental assessment conducted prior to [proposed] project approval, the
following procedures shall be followed. A cultural resources site is defined, for this condition, as being three or
more artifacts in close association with each other, but may include fewer artifacts if the area of the find is
determined to be of significance due to its sacred or cultural importance.
a.
All ground disturbance activities within 100 feet of the discovered cultural resource shall be halted until a
meeting is convened between the [project’s] developer, the project archeologist, the Native American
tribal representative (or other appropriate ethic/cultural group representative) and the Planning Director
to discuss the significance of the find.
b. At the meeting, the significance of the discoveries shall be discussed and after consultation with the
Native American tribal (or other appropriate ethnic/cultural group) representative and the archeologist, a
decision is made, with the concurrence of the Planning Director, as to the appropriate mitigation
(documentation, recovery, avoidance, etc) for the cultural resource.
c. Further ground disturbance shall not resume within the area of the discovery until an agreement has been
reached by all parties as to the appropriate preservation or mitigation measures.
Prior to Grading Permit – Cultural Resources Professional: As a result of [description of the finding would
be inserted here], prior to the issuance of grading permits, the developer/permit holder shall retain and enter into
a monitoring and mitigation service contract with a qualified [(select appropriate position) Archeologist, Historic
Archeologist, Architectural Historian, Historian or Prehistoric Archeologist] for services. This professional shall
be known as the “Project Archeologist.” The Project Archeologist shall be included in the pre-grade meeting to
provide cultural/historical sensitivity training including the establishment of set guidelines for ground disturbance
in sensitive areas with the grading contractors and special interest monitors. The Project Archeologist shall
manage and oversee monitoring for all initial ground-disturbing activities and excavation of each portion of the
project site including clearing, grubbing, tree removal, grading, trenching, stockpiling of material, rock crushing,
structure demolition, etc. The Project Archeologist shall have the authority to temporarily divert, re-direct or halt
the ground disturbance activities to allow identification, evaluation and potential recovery of cultural resources in
coordination with any required tribal or special interest monitors.
The developer/permit holder shall submit a fully executed copy of the contract to the Riverside County Planning
Department to ensure compliance with this condition of approval. Upon verification, the Planning Department
shall clear this condition. Note:
Ÿ
4.9-28
The Project Archeologist is responsible for implementing mitigation using standard professional practices
for cultural resources. The Project Archeologist shall consult with the County of Riverside, developer/
permit holder and any tribal or required special interest group monitor throughout the process.
Ÿ
The agreement shall not modify any approved condition of approval or mitigation measure.
Prior to Grading Permit – Special Interest Monitor: As a result of [add statement of finding], prior to the
issuance of grading permits, the developer/permit holder shall enter into contract and retain a monitor(s)
designated by the [name of the special interest group(s) who will be monitoring would be inserted here]. This
[group‘s monitor(s)] shall be known as the Special Interest Monitor (SI Monitor) for [the] project. The contract
shall address the treatment and ultimate disposition of cultural resources which may include repatriation and/or
curation in Riverside County-approved curation facility.
The SI Monitor shall be on site during all initial ground-disturbing activities and excavation of each portion of the
project site, including clearing, grubbing, tree removals, grading, trenching, stockpiling of materials, rock crushing,
structure demolition, etc. The SI Monitor shall have the limited authority to temporarily divert, redirect or halt
the ground disturbance activities to allow identification, evaluation and potential recovery of cultural resources in
coordination with the Project Archeologist, which is the contracted cultural resource professional, such as an
Archeologist, Historic Archeologist, Architectural Historian and/or Historian.
The developer/permit holder shall submit a fully executed copy of the contract with the SI Monitor to the
Riverside County Planning Department to ensure compliance with this condition of approval. Upon verification,
the Planning Department shall clear this condition. Note:
Ÿ
The Project Archeologist is responsible for implementing mitigation and standard professional practices
for cultural resources. The professional shall consult with the County of Riverside, developer/permit
holder and the special interest group monitor throughout the process.
Ÿ
Special interest monitoring does not replace any required cultural resource monitoring, but rather serves
as a supplement for consultation and advisory purposes for the special interest groups only.
Ÿ
This agreement shall not modify any approved condition of approval or mitigation measure.
Ÿ
The developer/permit holder shall contact the Planning Director for consideration of this condition after
forty-five (45) days, if an agreement with the special interest group(s) has not been [reached].
Ÿ
Should repatriation be preferred, it shall not occur until after a “Phase IV” monitoring report has been
submitted to the Riverside County Archeologist. Should curation be preferred, the development/permit
holder is responsible for all costs.
Prior to Grading Permit – Tribal Monitoring: As a result of [add statement of finding], prior to the issuance
of grading permits, the Developer/permit holder shall enter into an agreement and retain a monitor designated by
the [provide the name of the Tribe(s) who will be monitoring]. This group[‘s monitor] shall be known as the
Tribal Monitor(s) for [the] project. The agreement shall address the treatment and ultimate disposition of cultural
resources which may include repatriation and/or curation in a Riverside County-approved curation facility. The
Tribal Monitors shall be on site during all initial ground-disturbing activities and excavation of each portion of the
project site including clearing, grubbing, tree removal, grading, trenching, stockpiling of materials, rock crushing,
structure demolition, etc. The Tribal Monitor(s) shall have the limited authority to temporarily divert, redirect or
halt ground disturbance activities to allow identification, evaluation, consultation and potential recovery of
cultural resources in coordination with the Project Archeologist.
4.9-29
The developer/permit holder shall submit a fully-executed copy of the contract with the Tribal Monitors to the
Riverside County Archeologist to ensure compliance with this condition of approval. Upon verification, the
Riverside County Archeologist shall clear this condition. Note:
Ÿ
The Project Archeologist is responsible for implementing mitigation and standard professional practices
for cultural resources and shall consult with the County of Riverside, designated Tribal Monitor(s) and
developer/permit holder throughout the process.
Ÿ
Tribal monitoring does not replace any required cultural resources monitoring, but rather serves as a
supplement for consultation and advisory purposes for Tribal interests only.
Ÿ
This agreement shall not modify any approved condition of approval or mitigation measure.
Ÿ
The developer/permit holder shall contact the Planning Director for consideration of this condition after
45 days, if an agreement with the Tribe has not been [reached]. The developer/permit holder has the
burden of demonstrating a good-faith effort to secure the Tribal agreement.
Ÿ
Should repatriation be preferred, it shall not occur until after a “Phase IV” monitoring report has been
submitted to the Riverside County Planning Department. Should curation be preferred, the
development/permit holder is responsible for all costs.
Prior to Building Final Inspection – Cultural Resources Report: Prior to final inspection of the first
building permit, the development/permit holder shall submit two copies of a “Phase IV” cultural resource
monitoring report that complies with the Riverside County Planning Department’s requirements for such reports.
The report shall be prepared by a Riverside County-certified professional archeologist. The report shall include
evidence of the required cultural/historical sensitivity training for the construction staff held during the pregrading meeting. The Riverside County Archeologist shall review the report to determine adequate mitigation
compliance. Provided the report is adequate, the Riverside County Archeologist shall clear this condition.
b. General Conditions Applied by County Geologist for Paleontological Resources
Prior to Grading Permit Issuance – Paleontological PRIMP and Monitor: PDP [insert report number],
prepared by [insert name of technical firm] for this [proposed] project, concluded the potential to impact
significant paleontological resources is high or this site is mapped in Riverside County’s General Plan as having a
high potential for paleontological resources (fossils). Proposed project site grading/ earthmoving activities could
potentially impact this resource. Hence, prior to issuance of grading permits:
a.
The applicant shall retain a qualified paleontologist (“Project Paleontologist”) approved by the County of
Riverside to create and implement a project-specific plan for monitoring site grading/earthmoving
activities.
b. The Project Paleontologist retained shall review the approved development plan and grading plan and
shall conduct any pre-construction work necessary to render appropriate monitoring and mitigation
requirements as appropriate. These requirements shall be documented by the Project Paleontologist in a
Paleontological Resource Impact Mitigation Program (PRIMP). The PRIMP shall be submitted to the
Riverside County Geologist for review and approval prior to issuance of a grading permit [by the county].
4.9-30
c. Information to be contained in the PRIMP, at a minimum and in addition to other industry standard and
Society of Vertebrate Paleontology standards, are as follows:
Ÿ
Description of the proposed site and planned grading operations.
Ÿ
Description of the level of monitoring required for all earthmoving activities in the project area.
Ÿ
Identification (name) and qualifications of the qualified paleontological monitor to be employed for
grading operations monitoring.
Ÿ
Identification of personnel with authority and responsibility to temporarily halt or divert grading
equipment to allow for recovery of large specimens.
Ÿ
Direction for any fossil discoveries to be immediately reported to the property owner who in turn
will immediately notify the Riverside County Geologist of the discovery.
Ÿ
Means and methods to be employed by the paleontological monitor to quickly salvage fossils as they
are unearthed to avoid construction delays.
Ÿ
Sampling of sediments that are likely to contain the remains of small fossil invertebrates and
vertebrates.
Ÿ
Procedures and protocol for collecting and processing of samples and specimens.
Ÿ
Fossil identification and curation procedures to be employed.
Ÿ
Identification of the permanent repository to receive any recovered fossil material. The County of
Riverside must be consulted on the repository [or] museum to receive the fossil material and a
written agreement between the property owner/developer and the repository must be in place prior
to site grading.
Ÿ
All pertinent exhibits, maps and references.
Ÿ
Procedures for reporting of findings.
Ÿ
Identification and acknowledgement of the developer for the content of the PRIMP as well as
acceptance of financial responsibility for monitoring, reporting and curation fees.
All reports shall be signed by the Project Paleontologist and all other professionals responsible for the report’s
content as appropriate. Two wet-signed original copies of the report(s) shall be submitted to the office of the
Riverside County Geologist along with a copy of this condition and the grading plan for appropriate case
processing and tracking. These documents should not be submitted to the project Planner, the Plan Check staff,
the Land Use Counter or any other county office. In addition, the applicant shall submit proof of hiring (i.e.,
copy of executed contract, retainer agreement, etc.) of a Project Paleontologist for the in-grading implementation
of the PRIMP.
Prior to Grading Final – Paleontological Monitoring Report Requirement: The applicant shall submit to
the Riverside County Geologist one wet-signed copy of the Paleontological Monitoring Report prepared for site
grading operations at [the] site. The report shall be certified by the professionally qualified Project Paleontologist
4.9-31
responsible for the content of the report. The Project Paleontologist must be on Riverside County’s Paleontology
Consultant List. The report shall contain a report of findings made during all site grading activities and an
appended itemized list of fossil specimens recovered during grading (if any) and proof of accession of fossil
materials into the pre-approved museum [or other] repository. In addition, all appropriate fossil location
information shall be submitted to the Western Information Center, the San Bernardino County Museum and the
Los Angeles County Museum of Natural History, at a minimum, for incorporation into their Regional Locality
Inventories.
Additional/Alternate Language for Small Disturbance Projects (accessory WECS, “mono-poles”/ “monopines”/etc. [i.e., cellular towers], minimal ground disturbance) to be Added for Projects Located in the
“Undetermined” Potential Zone: [For use when] according to Riverside County’s General Plan, [a proposed
development] site has been mapped as having an “Undetermined Potential” for paleontological resources. [One
of the two paragraphs below would be inserted into conditions, as applicable; the non-applicable one would be
deleted.]
This category encompasses areas underlain by sedimentary rocks for which literature and unpublished studies are
not available and, as such, have an undetermined potential for significant paleontological resources. However,
due to the limited nature of the [proposed] project’s earthmoving activity, it is unlikely significant impacts to
paleontological resources would occur. Nevertheless, should fossil remains be encountered during site
development, conditions 1 through 7, below must be met. OR
According to Riverside County’s General Plan, [the] site has been mapped as having a “High Potential” for
paleontological resources at depth. However, Paleontological Assessment Report No. [insert number] concluded
a low potential for encountering fossil remains due, in part, to the limited earthmoving required to construct the
project. As such, this project is not anticipated to require any direct mitigation for paleontological resources.
However, should fossil remains be encountered during site development, conditions [a through g, below], must be
met.
General Condition - Projects Located Completely within the Low Potential Zone: [Applies when]
according to Riverside County’s General Plan, [the] site has been mapped as having a “Low Potential” for
paleontological resources. This category encompasses lands for which previous field surveys and documentation
demonstrated a low potential for containing significant paleontological resources subject to adverse impacts. As
such, [the] project [would] not [be] anticipated to require any direct mitigation for paleontological resources.
However, should fossil remains be encountered during site development, the following conditions must be met:
a.
All site earthmoving shall be ceased in the area of where the fossil remains are encountered.
Earthmoving activities may be diverted to other areas of the site.
b. The owner of the property shall be immediately notified of the fossil discovery and shall in turn
immediately notify the Riverside County Geologist of the discovery.
c. The applicant shall retain a qualified paleontologist approved by the County of Riverside.
d. The paleontologist shall determine the significance of the encountered fossil remains.
e. Paleontological monitoring of earthmoving activities will continue thereafter on an as-needed basis by the
paleontologist during all earthmoving activities that may expose sensitive strata. Earthmoving activities
in areas of the project area where previously undisturbed strata will be buried, but not otherwise
disturbed, need not be monitored. The supervising paleontologist will have the authority to reduce
4.9-32
monitoring once he/she determines the probability of encountering any additional fossils has dropped
below an acceptable level.
f.
If fossil remains are encountered by earthmoving activities when the paleontologist is not on site, these
activities will be diverted around the fossil site and the paleontologist called to the site immediately to
recover the remains.
g. Any recovered fossil remains will be prepared to the point of identification and identified to the lowest
taxonomic level possible by knowledgeable paleontologists. The remains then will be curated (assigned
and labeled with museum [or] repository fossil specimen numbers and corresponding fossil site numbers,
as appropriate; placed in specimen trays or vials [along] with completed specimen data cards) and
catalogued. Associated specimen data and corresponding geologic and geographic site data will be
archived (specimen and site numbers, and corresponding data, entered into appropriate museum
repository catalogs and computerized databases) at the museum [or] repository by a laboratory technician.
The remains will then be accessioned into the museum [or] repository fossil collection, where they will be
permanently stored, maintained and, along with associated specimen and site data, made available for
future study by qualified scientific investigators. The County of Riverside must be consulted on the
repository [or] museum to receive the fossil material prior to [its] being curated.
E.
Existing Riverside County General Plan Policies
The following policies are already part of the General Plan and are not part of the proposed project, GPA No.
960. Rather, these existing policies are considered to play a role in ensuring any potential environmental effects
are avoided, reduced or minimized through their case-by-case application. The County of Riverside has existing
programs in place that ensure applicable policies are imposed once a development proposal triggers a specific
policy or policies. The need for specific policies is determined through subsequent CEQA analysis performed for
site-specific projects. These measures are implemented, enforced and verified through their inclusion into project
conditions of approval.
1. Multi-Purpose Open Space (OS) Element Policies
Policy OS 19.2: The County of Riverside shall establish a cultural resources program in consultation with Tribes
and the professional cultural resources consulting community. Such a program shall, at a minimum, address each
of the following: application processing requirements; information database(s); confidentiality of site locations;
content and review of technical studies; professional consultant qualifications and requirements; site monitoring;
examples of preservation and mitigation techniques and methods; and the descendant community consultation
requirements of local, state and federal law.
Policy OS 19.3: Review proposed development for the possibility of cultural resources and for compliance with
the cultural resources program.
Policy OS 19.4: To the extent feasible, designate as open space and allocate resources and/or tax credits to
prioritize the protection of cultural resources preserved in place or left in an undisturbed state.
Policy OS 19.5: Exercise sensitivity and respect for human remains from both prehistoric and historic time
periods and comply with all applicable laws concerning such remains.
4.9-33
Policy OS 19.6: Whenever existing information indicates that a site proposed for development has high
paleontological sensitivity as show on Figure OS-7 Figure OS-8, a paleontological resource impact mitigation
program (PRIMP) shall be filed with the County Geologist prior to site grading. The PRIMP shall specify the steps
to be taken to mitigate impacts to paleontological resources.
Policy OS 19.7: Whenever existing information indicates that a site proposed for development has low
paleontological sensitivity as show on Figure OS-7 Figure OS-8, no direct mitigation is required unless a fossil is
encountered during site development. Should a fossil be encountered, the County Geologist shall be notified and
a paleontologist shall be retained by the project proponent. The paleontologist shall document the extent and
potential significance of the paleontological resources on the site and establish appropriate mitigation measures
for further site development.
F.
Proposed New or Revised Riverside County General Plan Policies
The following policy modifications are proposed under GPA No. 960 to correct a reference to a state code and
clarify directives for paleontological curation.
1. Land Use (LU) Element Policies
Policy LU 4.5 (Previously LU 4.4): Permit historically significant buildings to vary from building and zoning
codes in order to maintain the historical character of the county; providing that the variations do not endanger
human life and buildings comply with the State Historical Building Code.
2. Open Space (OS) Element Policies
Policy OS 19.6: Whenever existing information indicates that a site proposed for development has high
paleontological sensitivity as show on Figure OS-7 Figure OS-8, a paleontological resource impact mitigation
program (PRIMP) shall be filed with the County Geologist prior to site grading. The PRIMP shall specify the steps
to be taken to mitigate impacts to paleontological resources.
Policy OS 19.8: Whenever existing information indicates that a site proposed for development has undetermined
paleontological sensitivity as shown on [General Plan] Figure OS-7 Figure OS-8, a report shall be filed with the
County Geologist documenting the extent and potential significance of the paleontological resources on site and
identifying mitigation measures for the fossil and for impacts to significant paleontological resources prior to
approval of that department.
NEW Policy OS 19.9: Whenever paleontological resources are found, the County Geologist shall direct them to a facility within
Riverside County for their curation, including the Western Science Center in the City of Hemet.
4.9-34
4.9.4
Thresholds of Significance for Cultural and Paleontological
Resources
The project would result in a significant impact on cultural resources if it would:
A. Cause a substantial adverse change in the significance of historical resource as defined in CCR Section
15064.5.
B. Cause a substantial adverse change in the significance of an archeological resource pursuant to CCR
Section 15064.5.
C. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature.
D. Disturb any human remains, including those interred outside of formal cemeteries.
4.9.5
A.
Effect of GPA No. 960 on the General Plan and on Cultural
and Paleontological Resources
Proposed Changes to the General Plan
The proposed update to the General Plan (pursuant to General Plan Amendment No. 960) includes changes to
land use overlays, land use designations amendments and policies that will allow for the conversion of rural, semirural, agricultural and vacant lands into suburban or urban uses in areas throughout Riverside County. As with
the current General Plan, future development consistent with GPA No. 960 has the potential to adversely affect
historic, archeological or paleontological resources, both known and previously unknown. In particular, GPA
No. 960 contains policy changes that may facilitate the further development of specific areas or development at
greater intensities or densities than that previously planned. These include the new Rural Village Land Use
Overlays in Good Hope and Meadowbrook, as well as other new-proposed Policy Areas, such as Lakeland Village
and the Northeast Business Park. Similar increases in potential for ground-disturbing development will also occur
for lands in which their base General Plan land use Foundation has been changed from that of a lower intensity
(such as “Rural” or “Open Space”) to one allowing higher intensities (such as “Rural Community” or
“Community Development”). A variety of individual parcels are proposed for this type of change under GPA
No. 960. In some cases, the proposed changes may remove a barrier to potential future development by
proposing a more logical, readily-implementable land use scenarios. such as for Lakeland Village.
As part of the project review process, cultural and paleontological information within the General Plan was
updated and associated polices reviewed and revised where necessary. The existing General Plan addresses such
resources primarily in the Multipurpose Open Space Element and, to a minor degree, the Land Use Elements.
Specifically, GPA No. 960 includes two policy updates. The first clarifies that historically significant buildings
must comply with the State Historic Building Code. The second update directs found paleontological resources to
a facility within Riverside County for curation. Text of the relevant revised General Plan policies is provided in
Section 4.9.2.E above. Within the Land Use Element, the open space land use designation was updated to
include cultural preservation within the Open Space Conservation category. Additionally, a Historic District
Overlay was added to allow for specific protections, land uses, the application of the Historic Building Code and
consideration for contributing elements to a prospective historic district.
4.9-35
B.
Analysis of GPA No. 960 Effects on Cultural and Paleontological Resources
In all of these scenarios (changes leading to future development potential where none previously existed, as well
as potential increases in density or intensity), the GPA No. 960 changes have the potential to result in increased
areas of disturbance to both structures and artifacts on the site’s surface, as well as any subsurface artifacts,
paleontological or geological features. Particularly in rural or previously undisturbed areas, future development
that ensues could lead to the discovery of archeological, historical or paleontological resources deemed significant,
including the uncovering of human remains.
At the programmatic level addressed in this EIR, a variety of regulatory measures, including compliance with and
implementation of federal, state and local regulations, as well as county ordinances and Riverside County General
Plan polices, would serve to ensure potential impacts to cultural resources are reduced to the point where impacts
are less than significant. (See full discussion on impacts and mitigation, below.) In addition, all future
implementing projects (such as parcel and tract maps, conditional use permits, etc.) would be subject to further
CEQA review focusing on the specifics of the proposed project – which cannot be foreseen at this time (since no
specific development proposals are included in GPA No. 960).
County of Riverside procedures for project-specific CEQA review include applying all applicable regulatory
measures, such as those outlined herein, and requiring consistency with all applicable General Plan policies and
existing EIR No. 441 mitigation measures (as per EIR No. 441’s Mitigation Monitoring and Reporting Program)
and the internal Planning Department procedures also as presented herein. These regulatory measures, policy
actions and Departmental procedures addressing project-specific significant impacts are included in a project’s
conditions of approval. The County of Riverside assigns these measures as required in compliance with CEQA in
its discretionary capacity as Lead Agency. The conditions of approval, which are developed and issued by the
County of Riverside, form the basis of the contractual obligations to which a project is subject in order to obtain
the applied-for land use entitlement from the County of Riverside and provide the legal instrument through which
all measures deemed necessary for CEQA purposes are implemented.
4.9.6
A.
Cultural and Paleontological Resources – Impacts and
Mitigation
Would the project cause a substantial adverse change in the significance of
historical resource as defined in CCR Section 15064.5?
Impact 4.9.A - Adversely Change the Significance of Historical Resources: Future development accommodated by GPA No. 960 would increase rural, suburban and urban uses in Riverside County, adversely affecting
known and presently unknown historic resources. Compliance with existing laws, County Ordinance No. 578,
General Plan policies and existing Mitigation Measure 4.7.1B from EIR No. 441 would be sufficient to ensure
that this impact is less than significant.
1. Analysis of Impact 4.9.A
As indicated in Table 4.9-A, Riverside County has a significant number of historic structures, sites and ruins,
along with other historic resources that have yet to be identified. Many of these are located in cities and therefore
not under the jurisdiction of this General Plan. It is expected that future development consistent with GPA No.
4.9-36
960 has the potential to result in impacts to four known, plus other presently unknown historic resources. Three
of the four known sites are under preservation by a public or non-profit entity. The fourth site, Riverside Cement
Co., is privately owned and could potentially be subject to future development. Future development could also
result in the disturbance of vacant lands and possible conversion of existing agricultural lands to various
developed uses. This development could cause the destruction or loss of a known or unknown historical
resource, as defined in Section 15064.5 of the State CEQA Guidelines.
2. Regulatory Compliance for Impact 4.9.A
As detailed and explained below, compliance with existing laws, regulatory programs, General Plan policies, are
sufficient to ensure that substantial adverse change in the significance of historical resources as a result of GPA
No. 960 would be less than significant.
a. Compliance with Federal, State and County Regulations
Historic properties and resources are protected under a wide variety of federal, state and county regulations
including Riverside County Ordinance No. 578 and the state and federal programs outlined in Section 4.9.2
(Existing Setting – Cultural and Paleontological Resources), above, that would prevent substantial adverse change
in the significance of historical resources. These programs afford preservation or mitigation to historic resources
in a variety of ways.
National Historic Preservation Act (NHPA): NHPA, in particular Section 106, serves to ensure that public
property meeting federal standards for listing or eligibility are identified and given appropriate environmental
review under CEQA. This applies to both typical “historic” resources, such as buildings, structures and
landscapes, as well as to archeological resources, such as those that may yield “important information in history or
prehistory.”
Native American Graves Protection and Repatriation Act (NAGPRA): Compliance with NAGPRA would
ensure any human remains or funerary artifacts associated with a Native American descendant are handled
appropriately. This includes protecting known burial sites from disturbance and carefully controlling the removal
of any Native American human remains or related objects, as well as appropriate coordination between Riverside
County and Tribes. Projects in Riverside County requiring federal action (e.g., issuance of a federal CWA Section
404 permit by the ACOE) also trigger these federal requirements.
In the case of General Plan Amendments and Specific Plans, adherence to California’s Traditional Tribal Cultural
Places Act, Section 65352.3 of the Government Code (Senate Bill 18) would be used to ensure that historic and
prehistoric cultural resources are considered prior to project approval and that mitigation measures or conditions
of approval appropriate to site conditions are applied to prevent significant impacts to cultural resources.
Specifically, the law requires the County of Riverside to consult with Native American groups at the earliest point
in the land use planning process regarding potential means to preserve Native American places of prehistoric,
archeological, cultural, spiritual and ceremonial importance.
procedures to be followed by the U.S. Army Corps of Engineers (ACOE) to fulfill the requirements of the
NHPA, as well as other applicable historic preservation laws and Presidential directives related to historic
resources potentially affected by ACOE actions (including issuance of permits pursuant to the federal Clean
Water Act [CWA]). It specifies that when a project’s authorization requires a federal action (for example, issuance
4.9-37
of permit pursuant to Section 404 of the CWA), the project must comply with the requirements of Section 106 of
the NHPA.
Traditional Tribal Cultural Places Act (Government Code Section 65352.3): This program ensures
appropriate CEQA review of all discretionary projects. To that end, a Riverside County Archeologist reviews
prospective cultural (including archeological) impacts of land use projects, implements explicit review procedures
(as described in more detail above) and applies standard conditions of approval as required for projects with
potential for disturbing or uncovering historical or archeological resources. These conditions include
requirements for site monitoring during construction, actions to take if a resource is uncovered during
grading/construction and also documentation and reporting requirements to verify compliance (see Section 4.9.2
above). They also establish specific protocols to be followed should Native American remains be discovered in
order to ensure compliance with state laws, for example, PRC Section 5097, as well as for the discovery of any
human remains, whether modern, historic or prehistoric. Above all, adherence to the Riverside County Planning
Department’s established cultural resources policies, procedures and conditions of approval would ensure historic
and prehistoric cultural resources are considered prior to approval of projects subject to CEQA.
California Register of Historic Resources: The State’s Office of Historic Preservation (OHP) manages and
oversees the California Register of Historic Resources (CRHR), which is intended to serve as “an authoritative
guide to the state’s significant historical and archeological resources.” This program serves as a resource to
identify and convey the significance of sites that the State of California deems historic resources. Table 4.9-A
identifies those resources within Riverside County.
Regulation of Cultural Resources (Public Resources Code Section 5097): This program outlines the
requirements for cultural resource analysis prior to the commencement of any construction project on state lands
and specifies that the unauthorized disturbance or removal of resources located on public lands (including those
owned by counties) and prohibits the destruction of objects of antiquity without a permit on public lands. As
indicated above, the County of Riverside employs an archeologist to review prospective cultural impacts of land
use projects, implement explicit review procedures and apply standard conditions of approval as required for
projects with potential for disturbing or uncovering historical or archeological resources.
California Environmental Quality Act: Compliance with this state law would ensure that future land use
projects accommodated by GPA No. 960 would be reviewed with consistent standards for determining historic
resources and their respective significance (CCR Section 15064.5 (a)). Further, CCR Section 15064.5(b)) provides
guidance to the County of Riverside in determining the “substantial adverse change” that may occur as the result
of a future site specific project. Section 15064.5(c) of the State CEQA Guidelines also establishes that if
“maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction” of the
historical resource is conducted “in a manner consistent with” the [U.S.] Secretary of the Interior’s Standards for
the Treatment of Historic Properties (Weeks and Grimmer, 1995), then the project’s impact on the historical
resource “shall generally be considered mitigated to below a level of significance.”
Lastly, CCR Section 15126.4(b) specifies that when “data recovery through excavation is the only feasible
mitigation,” a data recovery plan shall be prepared and adopted prior to any excavation being undertaken. The
data recovery plan is designed to provide for adequately recovering the scientifically consequential information
from and about the historical resource using current industry standards in archeological methods. In Riverside
County, the resultant study is deposited with the Eastern Information Center at UCR. Any human remains
recovered shall be treated in accordance with the provisions of HSC Section 7050.5.
Riverside County Ordinance No. 578 – Historic Preservation Districts: Compliance with this ordinance
prevents the construction or alteration of any building or structure within an adopted Historic Preservation
4.9-38
District, except in strict compliance with the plans approved in conjunction with the issuance of a Certificate of
Historic Appropriateness by the Riverside County Planning Director. The ordinance also sets specific criteria to
be used in determining how such certificates are to be used in order to preserve the “historical significance and
related construction theme” of the Historic District. At the time of EIR No. 521’s NOP release on April 13,
2009, there were no Historic Preservation Districts in Riverside County.
b. Compliance with Existing General Plan Policies and County Procedures
The following existing policies of the Riverside County General Plan would ensure that no substantial adverse
changes in the significance of a historic resource would occur as a result of GPA No. 960. Further, the following
existing Riverside County procedures and conditions of approval would also ensure that no substantial adverse
changes in the significance of an archeological resource would occur as a result of GPA No. 960. See Section
4.9.3.E for full text of each of the policies, procedures and conditions of approval mentioned below.
Policies OS 19.2 - 19.5: Compliance with these policies would ensure that projects are adequately reviewed for
historic resources prior to approval; that appropriate mitigation measures are developed and incorporated into
project design and project conditions of approval; and ensure that projects are appropriately reviewed for
archeological resources and conditioned to comply with applicable state and federal regulations.
Riverside County Planning Department Procedures: Compliance with the Planning Department procedures
would further ensure that projects are adequately reviewed; additional information is collected where warranted;
archeological resources are identified and, where significant, preserved; human remains are treated in accordance
with applicable laws; and Tribal participation occurs pursuant to SB 18 guidance when applicable;
General Conditions of Approval for Cultural Resources: Project-level compliance with conditions of
approval is enforceable by the County of Riverside. When the Riverside County Archeologist ascribes conditions
to a land use project, these measures are implemented at the appropriate stages of the land use development
process. Project applicants must satisfy the terms of their conditions of approval before they may be authorized
to implement subsequent stages in their land use development process.
c.
Compliance with Proposed New or Revised General Plan Policies
Revised Policy LU 4.5 of the Riverside County General Plan would contribute to ensuring that development
impacts to historic resources would be less than significant. Utilization of this policy ensures that land use
projects with historically significant structures have flexibility to vary from existing building and zoning codes to
preserve such structures thereby facilitating preservation of historical buildings. See Section 4.9.3.F for full text of
the policy.
d. Compliance with Existing Mitigation Measures from EIR No. 441
In EIR No. 441, prepared for the 2003 RCIP General Plan, it was found that General Plan policies related to
historic resources would “help reduce the effects of growth and development by requiring development proposals
to be evaluated for the presence of historical resources; by protecting historic buildings from demolition; and
providing capital for preservation of historic buildings.” However, CEQA mitigation measures were developed
to ensure that “future development within the county would not have any significant adverse impacts on historic
resources.” Because one measure (4.7.1B) applies to the entire General Plan area, it remains applicable to the
currently proposed GPA No. 960. This existing mitigation measure would prevent substantial adverse change in
the significance of historical resources and therefore reduces impacts to such resources to less than significant.
4.9-39
Existing Mitigation Measure 4.7.1B: Avoidance is the preferred treatment for cultural resources. Where
feasible, project plans shall be developed to allow avoidance of cultural resources. Where avoidance of
construction impacts is possible, capping of the cultural resource site and avoidance planting (e.g., planting of
prickly pear cactus) shall be employed to ensure that indirect impacts from increased public availability to the site
are avoided. Where avoidance is selected, cultural resource sites shall be placed within permanent conservation
easements or dedicated open space.
3. Finding on Significance for Impact 4.9.A
Compliance with the above regulatory programs, General Plan policies and existing Mitigation Measure 4.7.1B
from EIR No. 441, GPA No. 960 would prevent substantial adverse changes in the significance of historical
resources. Additionally, the imposition of Riverside County regulations, programs and procedures discussed
above would further avoid or reduce this insignificant impact.
B.
Would the project cause a substantial adverse change in the significance of an
archeological resource pursuant to CCR Section 15064.5?
Impact 4.9.B – Cause the Destruction of Known Archeological Resources: Future development
accommodated by GPA No. 960 would increase rural, suburban and urban uses in Riverside County, may
adversely affect known or presently unknown archeological resources. Compliance with existing laws, General
Plan policies, Planning Department procedures, project-level conditions of approval for cultural resources,
existing Mitigation Measure 4.7.1B from EIR No. 441 and new Mitigation Measure 4.9.B-N1 would be sufficient
to ensure that this impact is less than significant with mitigation.
1. Analysis of Impact 4.9.B
Future development consistent with General Plan changes arising from GPA No. 960 would result in the
disturbance of vacant lands and possible conversion of existing structures and agricultural lands to various
developed uses. This development could cause the destruction or loss of known or unknown archeological
resource, as defined in Section 15064.5 of the State CEQA Guidelines.
Significant archeological resources exist within Riverside County, based on what is known from histories of local
Native American and other descendant communities, and archeological and historic surveys conducted by
archeologists and historians. Given the amount of undisturbed land that remains available for development, the
distinct possibility exists that subsurface archeological resources may be disturbed through grading activities.
Impacts on archeological resources could result from future development authorized pursuant to General Plan, as
updated by GPA No. 960, in the form of individual private development and public works projects. Because the
scope of GPA No. 960 is essentially countywide, site-specific investigation of archeological resources is beyond
the scope of this EIR. Instead this section focuses on developing a strategy to assess risks to archeological
resources and reduce any impacts to such resources.
2. Regulatory Compliance for Impact 4.9.B
As detailed and explained below, compliance with the following laws, programs and General Plan policies would
lessen adverse changes in the significance of archeological resources.
4.9-40
a. Compliance with Federal and State Regulations
Compliance with the following state, federal and county regulations and programs would lessen adverse changes
in the significance of an archeological resource as a result of GPA No. 960.
National Historic Preservation Act: For the reasons outlined under Impact 4.9.B, the National Historic
Preservation Act, in particular Section 106, would ensure that project sites on public land or subject to federal
permits are identified and assessed for archeological resources, such as those that may yield “important
information in history or prehistory.”
Native American Graves Protection and Repatriation Act: Compliance with NAGPRA would ensure that
any human remains or funerary artifacts associated with a Native American descendant are handled appropriately.
And, in the case of General Plan Amendments and Specific Plans, adherence to California’s Traditional Tribal
Cultural Places Act (Senate Bill 18) would ensure that archeological resources are considered prior to discretionary
project approval and that mitigation measures appropriate to site conditions are applied to prevent significant
impacts to cultural resources. Specifically, the law requires Riverside County to consult with Native American
groups at the earliest point in the land use planning process regarding potential means to preserve Native
American places of prehistoric, archeological, cultural, spiritual and ceremonial importance.
procedures to be followed by the ACOE to fulfill the requirements of the National Historic Preservation Act
(NHPA), as well as other applicable historic preservation laws and Presidential directives related to historic
resources potentially affected by ACOE actions (including issuance of permits pursuant to the federal Clean
Water Act [CWA]). It specifies that when a project’s authorization requires a federal action (for example, issuance
of permit pursuant to Section 404 of the CWA), the project must comply with the requirements of Section 106 of
the NHPA.
Traditional Tribal Cultural Places Act (Senate Bill 18): In response to Senate Bill 18 and to ensure
appropriate CEQA review of land use projects not otherwise deemed categorically exempt, a Riverside County
Archeologist reviews prospective cultural (historic and pre-historic) impacts of land use projects, implements
explicit review procedures (described in Section 4.9.2 above) and applies conditions of approval to proposed
projects with the potential for disturbing or uncovering historical or archeological resources. These conditions
include requirements for site monitoring during construction, actions to take if a cultural resource is uncovered
and also documentation and reporting requirements to verify compliance. They also establish the specific
protocols to be followed should Native American remains be discovered, in order to ensure compliance with state
laws (e.g., PRC Section 5097), as well as for the discovery of any human remains, whether modern, historic or
prehistoric.
The Riverside County Archeologist serves as cultural liaison to the Tribes and their descendant groups to facilitate
consultation. When consultation is conducted for a proposed project, conditions of approval may be negotiated
with the Tribes. Adherence to the Riverside County Planning Department’s established cultural resources
policies, procedures and conditions of approval (identified in Section 4.9.2, above) would ensure that
archeological resources are considered prior to approval of all projects subject to CEQA.
California Environmental Quality Act: Compliance with this state law would ensure that future land use
projects accommodated by GPA No. 960 would be reviewed for determining whether any unique archeological
resources (CCR Section 21083.2(g)) would be affected. Section 21083.2 also provides guidance to Riverside
County in determining “reasonable efforts to be made to permit any or all of these resources to be preserved in
place or left in an undisturbed state.” Lastly, CCR Section 15126.4(b) specifies that when “data recovery through
4.9-41
excavation is the only feasible mitigation,” a data recovery plan shall be prepared and adopted prior to any
excavation being undertaken. The data recovery plan would be designed to ensure adequate recovery of
scientifically consequential information from and about the historical resource using current industry standards in
archeological methods. In Riverside County, the resultant study would be deposited with the EIC at UCR. And,
as per above, any human remains uncovered would be treated in accordance with HSC Section 7050.5.
Ordinance No. 578 – Historic Preservation Districts: Compliance with this ordinance prevents the
construction or alteration of any building or structure within an adopted Historic Preservation District, except in
strict compliance with the plans approved in conjunction with the issuance of a Certificate of Historic
Appropriateness by the Riverside County Planning Director. The ordinance also sets specific criteria to be used
in determining how such certificates are to be used in order to preserve the “historical significance and related
construction theme” of the historic district. At the time of EIR No. 521’s NOP release on April 13, 2009, there
were no Historic Preservation Districts adopted in Riverside County.
b. Compliance with Existing General Plan Policies and County Procedures
The following existing policies of the Riverside County General Plan would lessen substantial adverse changes in
the significance of an archeological resource from occurring as a result of future implementation of a project
pursuant to GPA No. 960. Further, the following existing Riverside County procedures and conditions of
approval would also lessen substantial adverse changes in the significance of an archeological resource. See
Section 4.9.3.E for full text of each of the policies, procedures and conditions of approval mentioned below.
Policies OS 19.2, 19.3, 19.4, 19.5: Compliance with these policies would ensure that proposals are adequately
reviewed for archeological resources prior to approval; that appropriate mitigation measures are developed and
incorporated into project design and/or conditions of approval; and, that all applicable state and federal
regulations are applied as warranted.
Riverside County Planning Department Procedures: Compliance with the Planning Department procedures
outlined in Section 4.9.3.D would further ensure that projects are adequately reviewed, additional information is
collected where warranted, archeological resources are identified and, where significant, preserved, that any
human remains uncovered are treated in accordance with applicable laws and, lastly, that Tribal participation
occurs pursuant to SB 18 guidance when applicable.
General Conditions of Approval for Cultural Resources: Future development projects approved by Riverside
County include a set of conditions of approval that are enforced by the County of Riverside. When the Riverside
County Archeologist places conditions of approval on a land use project, the measures are implemented (and
verified by the County of Riverside) at various stages of the land use development process. Project applicants
must satisfy their conditions of approval before being authorized to implement subsequent stages of the
development process (for example, requirements that must be met before a subdivision map can be recorded,
before a grading permit, building permit or occupancy can be issued, etc.).
c.
Compliance with Existing Mitigation Measures from EIR No. 441
In EIR No. 441, prepared for the 2003 RCIP General Plan, it was found that “although Riverside County and the
General Plan [contains] policies to protect and minimize the effects of prospective growth on archeological
resources, the potential exists for destruction of known archeological resources to occur if mitigation is not
provided to protect such resources.” (Final EIR No. 441, page 4.9-27) Mitigation Measure 4.7.1B was imposed to
“ensure that future development in the county would not have any significant adverse impacts on historic
4.9-42
resources.” Because 4.7.1B applies to the entire General Plan area, it remains applicable to the currently proposed
GPA No. 960.
Existing Mitigation Measure 4.7.1B: (See Impact 4.9.A, above, for the full text of this measure.)
3. Additional Project-Specific Mitigation for Impact 4.9.B
Despite all of the above measures that lessen substantial adverse changes in the significance of an archeological
resource impacts to archeological resources, additional project-specific mitigation measures are necessary to
further avoid, reduce or minimize impacts. New Mitigation Measure 4.9.B-N1 would lessen the impact by providing for dialog with the appropriate ethnic or cultural group concerning the dispensation of cultural resources
where it is infeasible for those resources to be avoided or preserved in place. Implementation of this mitigation
measure will ensure that project impacts to archeological resources are mitigated to less than significant.
NEW Mitigation Measure 4.9.B-N1: If avoidance and/or preservation in place of cultural resources is not
feasible, the following mitigation measures shall be initiated for each impacted site:
a.
Discoveries shall be discussed with the Native American tribal (or other appropriate ethnic/ cultural
group representative) and the Riverside County Archeologist, and a decision shall be made with the
concurrence of the Planning Director, as to the appropriate mitigation (documentation, recovery,
avoidance, etc.) appropriate for the cultural resource.
b. Further ground disturbance shall not resume within the area of the discovery until an agreement has been
reached by all parties as to appropriate preservation or mitigation measures.
4. Findings on Significance for Impact 4.9.B
For the reasons presented above, implementation and compliance with the above-listed existing regulations,
General Plan policies, county programs and procedures and existing Mitigation Measure 4.7.1B from EIR No.
441, as well as new Mitigation Measure 4.9.B-N1, would ensure that development accommodated by GPA No.
960 would have less than significant impacts on archeological resources.
C.
Would the project directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature?
Impact 4.9.C – Cause the Destruction of Unique Paleontological Resources or Sites: Future development
accommodated by GPA No. 960 would increase rural, suburban and urban uses in Riverside County and could
result directly or indirectly in destruction of unique paleontological resources or sites or unique geological
features. Compliance with existing laws, General Plan policies, Planning Department procedures and project-level
general conditions of approval for paleontological resources would be sufficient to ensure that this impact is less
than significant.
1. Analysis of Impact 4.9.C
Future development within vacant areas of unincorporated Riverside County would result in the disturbance of
vacant lands, including subsurface soils or unique geological features potentially containing paleontological
resources. Significant paleontological resources, including fossilized large mammal remains, are known to exist
4.9-43
within Riverside County, based on past scientific studies, as well as from fossils and other resources that have
already been recovered from various sites. Given the amount of undisturbed land still available for development,
there remains the possibility that paleontological resources would be disturbed through grading activities. Impacts
on paleontological resources would result from future development consistent with the General Plan, as updated
pursuant to GPA No. 960, in the form of individual private development and public works projects.
For the purposes of this section, paleontological resources are defined as including fossilized remains of
vertebrate and invertebrate organisms, fossil tracks and track ways and plant fossils. Because the scope of GPA
No. 960 is essentially countywide, site-specific investigation of paleontological resources is beyond the scope of
this EIR. Instead, this section focuses on developing a strategy to assess risks to paleontological resources and
avoid or minimize any impacts to such resources.
At the countywide level, based on existing studies and geological data, Figure 4.9.3 shows areas within Riverside
County that have the potential to contain paleontological resources. The figure indicates there are areas within
Riverside County containing high or undetermined potential for paleontological resources. Changes to the
General Plan resulting from GPA No. 960 could result in the future authorization of development within areas
that contain high sensitivity for paleontological resources, resulting directly or indirectly in the destruction of a
unique paleontological or geologic resource or site.
However, less than 19% of the land proposed for development under GPA No. 960 is considered to be in areas
of high paleontological sensitivity. Approximately 76% of the land proposed for development under GPA No.
960 is considered to be in areas with low paleontological sensitivity and only 6% is considered to be of
undetermined paleontological value. Future development could result in the disturbance of vacant lands and
possible conversion of existing agricultural lands to various developed uses. This development could directly or
indirectly cause the destruction of unique paleontological resources. Because the scope of GPA No. 960 is
essentially countywide, site-specific investigation of paleontological resources is beyond the scope of this EIR.
Instead this section focuses on developing a strategy to assess risks to paleontological resources and reduce any
impacts to such resources.
2. Regulatory Compliance for Impact 4.9.C
As detailed and explained below, compliance with existing laws, regulatory programs, General Plan policies,
Planning Department procedures, and general project-level conditions of approval are sufficient to ensure that
impacts to paleontological resources or sites or unique geologic features as a result of GPA No. 960 would be less
than significant.
Compliance with the following state, federal and county regulations would prevent significant impacts to
paleontological resources or sites or unique geologic features.
Paleontological Resources Preservation Act (PRPA): The PRPA was specifically intended to codify the
generally accepted practice of limiting collection on public (federal) land of vertebrate fossils and other rare and
scientifically significant fossils to qualified researchers who obtain a permit from the appropriate state or federal
agency and agree to donate any materials recovered to recognized public institutions where they will remain
accessible to the public and to other researchers.
4.9-44
PRPA specifies that a permit is require for collecting paleontological resources from public land and also
establishes conditions for the appropriate collection and curation processes such resources are subject to; in order
to ensure preserve the scientific value of such materials. Federal regulations require that projects within the
county needing federal action (e.g., issuance of a federal Clean Water Act Section 404 permit by the ACOE) also
trigger application of these federal standards.
Actions by the U.S. Army Corps of Engineers: Appendix C of Title 33 CFR, Section 325, establishes
procedures to be followed by the ACOE to fulfill the requirements of NHPA, as well as other applicable historic
preservation laws and Presidential directives related to historic resources potentially affected by ACOE actions
(including issuance of permits pursuant to the federal CWA). It specifies that when a project’s authorization
requires a federal action (for example, issuance of permit pursuant to Section 404 of the CWA), the project must
comply with the requirements of Section 106 of NHPA.
Regulation of Paleontological Resources Pursuant to California’s Public Resources Code: PRC Section
5097 specifies that the unauthorized disturbance or removal of archeological, historical or paleontological
resources located on public lands (including those owned by counties, cities, etc.) is a misdemeanor. It also
prohibits the knowing destruction of objects of antiquity without a permit (i.e., express permission) on public
lands and provides for criminal sanctions for violators. Section 5097.5 prohibits “knowing and willful”
excavation, removal, destruction, injury and defacement of any paleontological feature on public lands (lands
under state, county, city, district or public authority jurisdiction, or the jurisdiction of a public corporation), except
where the agency with jurisdiction has granted express permission. Section 30244 requires reasonable mitigation
for impacts on paleontological resources that occur as a result of development on public lands.
b. Compliance with Existing Riverside County General Plan
The following existing policies of the Riverside County General Plan would prevent significant impacts to
paleontological resources or unique geologic features. See Section 4.9.3.E for full text of each policy.
Policies OS 19.7: Compliance with this policy ensures projects with low paleontological sensitivity are
adequately reviewed should fossils be encountered during site development and that projects are appropriately
conditioned to comply with applicable state and federal regulations.
c.
Compliance with Proposed New or Revised General Plan Policies
The following proposed new policies of the Riverside County General Plan would further prevent significant
impacts to paleontological resources or unique geological features. See Section 4.9.3.F for the full text of each of
these policies.
Policies OS 19.6 and 19.8: Compliance with these policies ensures projects are adequately reviewed for
paleontological resources prior to approval; that appropriate mitigation measures are developed and incorporated
into project design and project conditions of approval; and that projects are appropriately conditioned to comply
with applicable state and federal regulations.
Policy OS 19.9: By ensuring that the Riverside County Geologist directs newly found paleontological resources
to a facility within Riverside County for their curation, this policy would further ensure preservation.
4.9-45
3. Finding on Significance for Impact 4.9.C
With implementation of the above-listed existing regulations, General Plan policies, Riverside County Planning
Department procedures and project-level general conditions of approval, GPA No. 960 would have a less than
significant impact on paleontological resources or sites or unique geologic features.
D.
Would the project disturb any human remains, including those interred
outside of formal cemeteries?
Impact 4.9.D - Result in the Disturbance of Human Remains: Future development accommodated by
GPA No. 960 would increase rural, suburban and urban uses in Riverside County, adversely affecting human
remains, including those interred outside formal cemeteries. Compliance with existing laws, regulatory programs,
General Plan policies, Planning Department procedures, project-level general conditions of approval for cultural
resources, and existing Mitigation Measures 4.7.1A and 4.7.1B would be sufficient to ensure that this impact is
less than significant.
1. Analysis of Impact 4.9.D
Future development consistent with GPA No. 960 would result in disturbance of vacant lands. This has the
potential to disturb buried cultural resources and human remains, including those interred outside of formal
cemeteries, in both known and previously unknown locations.
Policies in the current General Plan and Riverside County Planning Department procedures require site-specific
cultural resources surveys be conducted prior to development occurring. A cultural resources survey, which
includes a records search of both the archeological repository at the Eastern Information Center at UCR, as well
as appropriate historical reference materials, can identify the existence of known above-surface human remains,
archeological and historic resources, and also indicate the likelihood for buried cultural resources, including
human remains. However, the survey cannot determine with certainty whether buried cultural resources or
human remains would be found until the surface soil is disturbed, such as during grading activities. Destruction
or disturbance of such surface or buried cultural resources during construction of individual private development
or public works projects can occur if appropriate regulatory measures are not strictly adhered to, particularly state
laws regarding the discovery of human remains.
2. Regulatory Compliance for Impact 4.9.D
As detailed and explained below, compliance with existing laws, regulatory programs, General Plan policies,
Planning Department procedures, project-specific mitigation measures, project-level general conditions of
approval for cultural resources and existing Mitigation Measures 4.7.1A and 4.7.1B from EIR No. 441 are
sufficient to ensure that disturbances to human remains, including those outside formal cemeteries, would be less
than significant.
Compliance with the following state, federal and county regulations would prevent significant disturbances to
human remains, including those outside formal cemeteries. The full text for the following regulations can be
found in Section 4.9.3 of this EIR.
4.9-46
Because most uncovered human remains and/or associated burial artifacts are of historical or prehistoric eras,
they tend to be handled in a manner similar to archeological resources. In this aspect, the regulatory measures
outlined for impacts to historical and archeological resources for Impacts 4.9.1 and 4.9.2, above, also apply for
buried human remains. At the federal level, this includes the NHPA and, in particular, NAGPRA, which would
ensure that any human remains or funerary artifacts associated with a Native American descendant, are handled
appropriately. This includes protecting known burial sites from disturbance and ensuring careful control over the
removal of any Native American human remains or related objects, as well as appropriate coordination between
Riverside County and Tribes. Projects within Riverside County needing federal action (such as, issuance of a
federal Clean Water Act Section 404 permit by the ACOE), would trigger application of these federal standards.
As human remains uncovered are most likely to be associated with prehistoric Native Americans, adherence to
California’s Traditional Tribal Places Act (Senate Bill 18) would help ensure that historic and prehistoric cultural
resources are considered prior to discretionary project approval and that mitigation measures appropriate to site
conditions are applied to prevent significant impacts to cultural resources. Specifically, the law requires Riverside
County to consult with Native American groups at the earliest point in the land use planning process for certain
types of projects regarding preservation of Native American places of prehistoric, archeological, cultural, spiritual
and ceremonial importance.
Additionally, for every project subject to CEQA not otherwise categorically exempt, the County of Riverside
reviews said project and implements conditions of approval (see Section 4.9.3 above). The project conditions are
designed specifically to address land use projects with potential for disturbing or uncovering historical or
archeological resources associated with Native American history or prehistory. These conditions include
requirements for site monitoring during construction, actions for uncovering of a resource and also
documentation and reporting requirements to verify compliance. Riverside County’s conditions of approval
establish the specific protocols to be followed should Native American remains be discovered in order to ensure
compliance with state laws, for example, PRC Section 5097, as well as for the discovery of any human remains,
whether modern, historic or prehistoric. Treatment for human remains can vary from leaving them in place to
coordinating a relocation effort with the approval of the “Most Likely Descendant” from either a Native
American Tribe or appropriate ethnic/cultural group.
Lastly, since uncovered human remains can also be of modern origins, and hence potentially part of a crime
scene, specific County of Riverside regulations require contacting the Riverside County Coroner’s Office for
initial assessment of any uncovered human remains. Specifically, HSC Section 7050.5(b) states that no further
disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further,
pursuant to PRC Section 5097.98(b), remains shall be left in place and free from disturbance until a final decision
as to their treatment and disposition has been made. If the remains are determined not to be modern, subsequent
treatment of the discovery is handled in coordination with the Tribe determined by the State of California to be
the “Most Likely Descendant,” see Existing Mitigation Measure 4.9.1A, below for additional details.
b. Compliance with County General Plan Policies and Procedures
The following existing policies of the Riverside County General Plan would contribute to ensuring that potential
impacts to human remains and any associated artifacts resulting from future development accommodated by
GPA No. 960 are less than significant. See Section 4.9.3.E for the text of each policy.
Policies OS 19.2 - 19.5: These policies ensure projects are adequately reviewed for cultural resources prior to
approval; that appropriate mitigation measures are developed and incorporated into project design and/or
conditions of approval; sites are avoided or conserved when possible; and, all efforts involve Native American
4.9-47
Tribes as dictated by SB 18 and Section 15064.5(d) of the State CEQA Guidelines. Policy OS 19.5 requires
compliance with all applicable laws related to human remains.
Planning Department Procedures: Compliance with department procedures would further ensure projects are
adequately reviewed; additional information is collected where warranted; archeological resources are identified
and, where significant, preserved; human remains are treated in accordance with applicable laws; and Tribal
participation occurs pursuant to SB 18 guidance when applicable.
General Conditions of Approval for Cultural Resources: Future development project-level compliance with
conditions of approval is enforceable by the County of Riverside. When the Riverside County Archeologist
ascribes conditions to a land use project, these measures are implemented at the appropriate stages of the land use
development process. Project applicants must satisfy the terms of their conditions of approval before they may
be authorized to implement subsequent stages in their land use development process. Specifically, a general
condition concerning the finding of human remains is applied to each land use project by the Riverside County
Archeologist. It requires that, if human remains are encountered, no further disturbance shall occur until the
Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resources
Code Section 5097.98(b), remains shall be left in place and free from disturbance until a final decision as to the
treatment and their disposition has been made. If the Riverside County Coroner determines the remains to be
Native American, the NAHC shall be contacted within the period specified by law.
Subsequently, the NAHC shall identify the “Most Likely Descendant.” The Most Likely Descendant shall then
make recommendations and engage in consultation with Riverside County and the property owner concerning the
treatment of the remains as provided in PRC Section 5097.98. Human remains from other ethnic/cultural groups
with recognized historical associations to the project area shall also be subject to consultation between
appropriate representatives from that group and the Riverside County Planning Director.
c.
Compliance with Existing Mitigation Measures from EIR No. 441
In EIR No. 441, prepared for the 2003 RCIP General Plan, Mitigation Measures 4.7.1A and 4.7.1B were imposed
to reduce impacts related to human remains. These measures remain applicable to this project and would lessen
impacts to human remains, including those not in formal cemeteries, by ensuring that development which
encounters human remains follow HSC directives and requiring avoidance as the preferred treatment of cultural
resource sites. Because existing Mitigation Measures 4.7.1A and 4.7.1B apply countywide, they remain applicable
to proposed GPA No. 960 as well.
Existing Mitigation Measure 4.7.1A: If human remains are encountered during a public or private
construction activity, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur
until the Riverside County Coroner has made a determination of origin and disposition pursuant to Public
Resources Code Section 5097.98. The Riverside County Coroner must be notified within 24 hours. If the
Coroner determines that the burial is not historic, but prehistoric, the State Native American Heritage
Commission (NAHC) must be contacted to determine the most likely descendant (MLD) for this area. The MLD
may become involved with the disposition of the burial following scientific analysis.
Existing Mitigation Measure 4.7.1B: (See Impact 4.9.A, above, for the full text of this measure.)
4.9-48
3. Finding on Significance for Impact 4.9.D
With implementation of, and compliance with, the above-listed existing laws, regulatory programs, General Plan
policies, Riverside County Planning Department procedures and existing Mitigation Measures 4.7.1A and 4.7.1B
from EIR No. 441, GPA No. 960 would have less than significant impacts on human remains and related
artifacts, including those interred outside formal cemeteries.
4.9.7
Significance After Mitigation for Cultural and
Paleontological Resources
Development and implementation activities resulting from the proposed project, General Plan Amendment No.
960, would be subject to a number of existing state and federal laws, General Plan policies, Riverside County
Ordinance; Planning Department procedures, standard and tailored conditions of approval and existing
Mitigation Measures 4.7.1A and 4.7.1B from EIR No. 441, as well as new Mitigation Measure 4.9.1-N1, as
identified above. Collectively, these regulatory compliance and mitigation measures would reduce to below the
level of significance any potential adverse changes in the significance of either archeological or historical
resources, as they are defined in CCR Section 15064.5. The measures herein would also ensure that future
impacts would neither directly nor indirectly destroy a unique paleontological resource or site, or unique
geological feature. And, lastly, these measures would ensure that any impacts associated with the disturbance of
any human remains, including those interred outside of formal cemeteries, would be less than significant. In total,
these measures ensure that any significant adverse impacts to cultural resources resulting from future
development accommodated by GPA No. 960 would be mitigated to below the level of significance.
4.9-49
4.9-50

Cultural and Paleontological Resources

Transcription

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