HomeMy WebLinkAboutCT 2018-0006; LAGUNA DRIVE SUBDIVISION; CULTURAL RESOURCE CONSTRAINTS ANALYSIS - NON-CONFIDENTIAL REPORT; 2018-09-07DUDEK
September 7, 2018
Brett Farrow
125 Mozart A venue
Cardiff, California 92007
Subject: Cultural Resource Constraints Analysis for the 570/580 Laguna Drive
Project, City of Carlsbad, San Diego County, CA -Non-Confulential Report
Dear Mr. Farrow:
This letter presents the results of Dudek's constraints analysis for the 570/580 Laguna Drive
Project (Project), located in the city of Carlsbad, San Diego County, California. The proposed
project consists of the demolition of an existing office building and single-family dwelling, and
construction of a 13-unit residential units on the approximately 0.75-acre site. The project site is
located on APN 155-221-12 at 570/580 Laguna Drive, Carlsbad California. It is located along
the north side of Laguna Drive approximately 0.5 miles west of Interstate 5 and 0.4 miles east of
the Pacific Ocean (Figure 1). The site is located in Section 01 in Township 12 South, Range 5
West in the U.S. Geological Service 7.5-minute series topographic San Luis Rey quadrangle
map. The site is bordered by the Buena Vista Lagoon to the north/northwest, by Laguna Drive
to the south, and development to the east and west.
As a part of this study, Dudek requested a Sacred Lands Search with the Native American
Heritage Commission (NAHC), initiated local tribal correspondence, and completed a cultural
resources record search at the South Coastal Information Center (SCIC), San Diego State
University to determine whether prehistoric or historic sites occur within the Project area of
potential effect (APE). The records search included the entirety of the proposed Project APE and
a I-mile search buffer. Dudek then reviewed the search results, as well as on-line historic aerial
images of the Project vicinity to determine what types of archaeological sites are known in the
Project APE, the likelihood of unknown archaeological resources within the Project APE, and to
identify potential limitations that cultural resources may cause to development. A non-systematic
reconnaissance survey was conducted of the Project APE to assess the current condition of the
area and to aid these determinations.
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Mr. Brett Farrow
Subject: Cultural Resource Constraints Analysis for the 570/580 Laguna Drive Project, City of
Carlsbad, CA
REGULATORY BACKGROUND
The City of Carlsbad (City) is the Lead Agency for the Project. The Project and this study are
compliant with cultural resource regulations that apply to the Project APE including provisions
for Local, State and Federal Regulations. Local regulations include the City of Carlsbad General
Plan (2015), the City of Carlsbad Municipal Code Title 22 Historic Preservation, the City of
Carlsbad's Local Coastal Program (LCP), and the City of Carlsbad Council Policy No. 83,
addressing Tribal Consultation and Treatment and Protection of Tribal Cultural Resources. State
level regulations include the California Environmental Quality Act (CEQA), Senate Bill 18, the
California Coastal Act, Public Resources Code Section 5097.5, California Public Resources
Code (CPRC) 5097.9, CPRC 5097.98, CPRC 5097.99, California Health and Safety Code
7050.5, and California Code of Regulations Title 14, Division 3, Chapter 1. Federal regulations
include implementing Section 106 of the National Historic Preservation Act (NHPA) (36 CFR
800). All of these regulations are detailed below.
LOCAL REGULATIONS
City of Carlsbad General Plan
The City of Carlsbad General Plan (2015) affords consideration for the preservation of cultural
resources. The City's Vision Statement Core Values for their General Plan note examples of the
historical resources within the City including the Rancho Carrillo, the Marron Adobe, the Barrio
neighborhood, the Magee House, and the Village. The General Plan includes guidelines to help
revitalize the historic Barrio and Village neighborhoods. The General Plan also states the goal of
enhancing education about the area's Native American history. Following are relevant goals and
policies of the Arts, History, Culture, and Education Element of the City's General Plan:
Goal 7-G-1: Recognize, protect, preserve, and enhance the city's diverse heritage.
Policy 7-P.1 Prepare an updated inventory of historic resources in Carlsbad, with
recommendations for specific properties and districts to be designated in national, state,
and local registries, if determined appropriate and with agreement of the property owners.
Policy 7-P.2 Encourage the use of regional, state and federal programs that promote
cultural preservation to upgrade and redevelop properties with historic or cultural value.
Consider becoming a participant in the Mills Act tax incentive program.
Policy 7-P.5 Encourage the rehabilitation of qualified historic structures through
application of the California Historical Building Code.
DUDEK 2 September 2018
Mr. Brett Farrow
Subject: Cultural Resource Constraints Analysis for the 570/580 Laguna Drive Project, City of
Carlsbad, CA
Policy 7-P.6 Ensure compliance with the City of Carlsbad Cultural Resource Guidelines
to avoid or substantially reduce impacts to historic structures listed or eligible to be listed
in the National Register of Historic Places or the California Register of Historical
Resources.
Policy 7-P.7 Implement the City of Carlsbad Cultural Resources Guidelines to avoid or
substantially reduce impacts to archaeological and paleontological resources.
Policy 7-P.8 During construction of specific development projects, require monitoring of
grading, ground-disturbing, and other major earth-moving activities in previously
undisturbed areas or in areas with known archaeological or paleontological resources by a
qualified professional, as well as a tribal monitor during activities in areas with cultural
resources of interest to local Native American tribes. Both the qualified professional and
tribal monitor shall observe grading, ground-disturbing, and other earth-moving
activities.
Policy 7-P.9 Ensure that treatment of any cultural resources discovered during site
grading complies with the City of Carlsbad Cultural Resource Guidelines. Determination
of the significance of the cultural resource(s) and development and implementation of
any data recovery program shall be conducted in consultation with interested Native
American tribes. All Native American human remains and associated grave goods shall
be returned to their most likely descendent and repatriated. The final disposition of
artifacts not directly associated with Native American graves shall be negotiated during
consultation with interested tribes; if the artifact is not accepted by Native American
tribes, it shall be offered to an institution staffed by qualified professionals, as may be
determined by the City Planner. Artifacts include material recovered from all phases of
work, including the initial survey, testing, indexing, data recovery, and monitoring.
Policy 7-P.10 Require consultation with the appropriate organizations and individuals
( e.g., Information Centers of the California Historical Resources Information Systems
[CHRIS], the Native American Heritage Commission [NAHC], and Native American
groups and individuals) to minimize potential impacts to cultural resources that may
occur as a result of a proposed project.
Policy 7-P .11 Prior to occupancy of any buildings, a cultural resource monitoring report
identifying all materials recovered shall be submitted to the City Planner.
Goal 7-G.2: Make Carlsbad's history more visible and accessible to residents and visitors.
DUDEI< 3 September 2018
Mr. Brett Farrow
Subject: Cultural Resource Constraints Analysis for the 570/580 Laguna Drive Project, City of
Carlsbad, CA
Policy 7-P.3 Formalize a program of historical markers/plaques at resources in state and
national registers or of local importance.
Policy 7-P.4 Promote community education of historic resources, integration and
celebration of such resources as part of community events:
a. Enhance the community's recognition that objects of historic importance
increase both fiscal and community value.
b. Promote the use of historic resources for the education, pleasure and welfare of
the people of the city. Cooperate with historic societies, schools, libraries, parks
and community members to stimulate public interest in historic preservation.
c. Maintain historical reference materials on file at the Carlsbad City Library.
The General Plan includes designating Special Resource Areas that help reserve natural and
cultural features within the City. Following is a relevant policy of the Open Space, Conservation,
and Recreation Element of the City's General Plan:
Policy 4-P.32: Where appropriate, designate as open space those areas that preserve
historic, cultural, archeological, paleontological and educational resources. Promote
expansion of recreational and educational use opportunities in areas of significant
ecological value, such as lagoons, where discretionary use of the resource allows.
Consider partnering with private foundations for the conservation of such lands and the
development of educational programming.
• Combine historically significant sites with recreational learning opportunities,
where possible.
• Utilize community parks in support of historical and cultural programs and
facilities when feasible and appropriate.
• Coordinate the efforts of the Historic Preservation Commission on the siting and
care of historic ruins within parks.
City of Carlsbad Municipal Code
The City of Carlsbad Municipal Code Title 22 Historic Preservation discusses historic and
archaeological resources within the City. It includes definitions of local resource types,
procedures for owners who want to voluntarily apply for historic site, landmark or district
DUDEI< 4 September 2018
Mr. Brett Farrow
Subject: Cultural Resource Constraints Analysis for the 570/580 Laguna Drive Project, City of
Carlsbad, CA
designations, and some regulatory provisions that may be available to owners of historic
properties. The full text of Title 22 is available on the City's website. Compliance with Title 22
is voluntary as stated in the ordinance as of the date of these Guidelines. As such, Title 22 is not
a regulatory code for the purposes of implementing CEQA. The other laws and regulations
referenced and discussed in these Guidelines are instead utilized by the City for CEQA purposes,
including Municipal Code Title 19, Environment.
The City of Carlsbad Historic Preservation Commission implements Title 22 and the duties of
the Commission specified in Municipal Code Chapter 2.42. The five-member Historic
Preservation Commission acts in an advisory capacity to the City Council and Planning and
Housing Commissions in all matters relating to the identification, protection, retention, and
preservation of historic sites and areas in the City. Their responsibilities are to recommend the
designation of historic landmarks or historic districts, to maintain a historic resources inventory,
to provide advice and guidance on the restoration or modification of any historical area or site
when requested by the property owner, and to conduct programs to educate local residents
regarding historic places, structures, or events. The Historic Preservation Commission is
included on the list of interested parties that receive notices for Mitigated Negative Declarations
and Environmental Impact Reports prepared for development projects in accordance with
CEQA. The notice provides the opportunity for the Commission to comment on CEQA
documents for any development project that would affect a historic structure, archaeological or
paleontological site that is identified on an adopted city historic resources inventory or within a
project's cultural resources study.
Local Coastal Program
The City of Carlsbad's Local Coastal Program (LCP), which provides guidelines and land use
policies for the City's Coastal Zone, outlines requirements for cultural resources within the
Coastal Zone. The coastal zone is separated into several geographic areas or segments; the first
two created in the early 1980s were called Mello I and Mello II, after state legislator Henry
Mello, who sponsored the legislation that created the mechanism for the LCP. Select policies
relevant to cultural resources are included below.
Mello I Segment, Policy 4 -Environmental Impact Report: In the event of commercial and/or
residential development pursuant of a coastal development permit, biological and cultural
resources on the site shall be identified, and any adverse impacts associated with development
mitigated, through a site specific environmental impact report (EIR). Proposed mitigation shall
be incorporated in the project design.
DUDEI< 5 September 2018
Mr. Brett Farrow
Subject: Cultural Resource Constraints Analysis for the 570/580 Laguna Drive Project, City of
Carlsbad, CA
Mello II Segment: There are two applicable policies:
Policy 8-2 Potentially Historic Structures: The City's historic structures which have the
potential to meet criteria for inclusion in the National Register of Historic Places appear
to be economically well-used at present. The sites with historic significance of "local
importance" also appear to be in active use. However, maintenance, repair and use of
these properties may require special attention. The building code flexibility and tax
benefits which may be available to such properties need further study. The City of
Carlsbad in conjunction with individual property owners of historically significant
structures should determine which local and federal programs are applicable and take
advantage of them as appropriate.
Policy 8-4 Archaeological and Paleontological Resources: The environmental impact
review process will determine where development will adversely affect archaeological
and paleontological resources. A site-specific review should also determine the most
appropriate methods for mitigating these effects. Most importantly, the City of Carlsbad
should require the implementation of these measures.
West Batiquitos Lagoon/Sammis Properties Segment: A program of preservation and/or impact
mitigation regarding archaeological sites located on the affected area shall be completed prior to
any development.
North Coast Corridor PWP Overlay Local Coastal Program Land Use Plan Amendment (2014),
Policy 3.7 Archaeological and Paleontological Resources, 3.7.1: Transportation, community and
resource enhancement projects in the North Coast Corridor shall strive to protect and minimize
impacts to archaeological and paleontological resources. Where North Coast Corridor projects
may potentially adversely impact archaeological or paleontological resources, appropriate
mitigation measures shall be required and implemented consistent with the policies of the NCC
PWP/TREP (as prepared by Caltrans/SANDAG, dated August 13, 2014). Any future amendment
of the original PWP shall not decrease the level of protection of archaeological and
paleontological resources guaranteed by the policies in the NCC PWP/TREP such that the
project as a whole would no longer be, on balance, most protective of significant coastal
resources.
City of Carlsbad Council Policy No. 83
Effective March 1, 2016, the City Council passed Policy No. 83, Tribal Consultation and
Treatment and Protection of Tribal Cultural Resources. The purpose of the policy was to
DUDEI< 6 September 2018
Mr. Brett Farrow
Subject: Cultural Resource Constraints Analysis for the 570/580 Laguna Drive Project, City of
Carlsbad, CA
recognize the City's "responsibility to protect with improved certainty the important historical
and cultural values of current Tribal Cultural Resources within the City limits and to establish an
improved framework for the City's consultation with Native American Tribes that are
traditionally and culturally affiliated with the City of Carlsbad, including the San Luis Rey Band
of Mission Indians."
This policy arose out of focused consultation with San Luis Rey Band of Mission Indians and, to
the extent allowed under the authority of the City, urges City and private projects under the
jurisdiction of the City to be designed to avoid or substantially reduce impacts to Tribal Cultural
Resources, as defined in CEQA (see below). The policy also requires the updating of the 1990
Guidelines.
STATE REGULATIONS
California Environmental Quality Act (CEQA)
The City is similarly bound to comply with applicable sections of CEQA (Pub. Res. Code
§21000 et seq.) as it relates to tribal, cultural, and paleontological resources. The goal of CEQA
is to develop and maintain a high-quality environment that serves to identify the significant
environmental effects of the actions of a proposed project and to either avoid or mitigate those
significant effects where feasible. CEQA pertains to all proposed discretionary projects that
require state or local government agency approval, including the enactment of zoning
ordinances, the issuance of conditional use permits, and the approval of development project
maps. Ministerial actions, or those that fall under one of a number of exemptions, are not subject
to CEQA.
In accordance with CEQA, any project with an effect that may cause a substantial adverse
change in the significance of a cultural resource, either directly or indirectly, is a project that may
have a significant effect on the environment. As a result, such a project would require avoidance
or mitigation of impacts to those affected resources. Significant cultural resources must meet at
least one of four criteria that define eligibility for listing on the California Register of Historical
Resources (CRHR) (Pub. Res. Code §5024.1, Title 14 CCR, §4852). Resources listed on or
eligible for inclusion in the CRHR are considered Historical Resources under CEQA.
A Historical Resource is a resource that 1) is listed in or has been determined eligible for listing
in the CRHR by the State Historical Resources Commission; 2) is included in a local register of
historical resources, as defined in Public Resources Code 5020.l(k); 3) has been identified as
significant in an historical resources survey, as defined in Public Resources Code 5024.1 (g); or
DUDEK 7 September 2018
Mr. Brett Farrow
Subject: Cultural Resource Constraints Analysis for the 570/580 Laguna Drive Project, City of
Carlsbad, CA
4) is determined to be historically significant by the CEQA lead agency [CCR Title 14, Section
15064.5(a)]. In making this determination, the CEQA lead agency usually applies the CRHR
eligibility criteria.
The eligibility criteria for the CRHR are as follows [CCR Title 14, Section 4852(b)]:
1. It is associated with events that have made a significant contribution to the broad
patterns of local or regional history, or the cultural heritage of California or the United
States;
2. It is associated with the lives of persons important to local, California, or national
history.
3. It embodies the distinctive characteristics of a type, period, region, or method of
construction, or represents the work of a master or possesses high artistic values; or
4. It has yielded, or has the potential to yield, information important to the prehistory or
history of the local area, California, or the nation.
In addition, the resource must retain integrity. Integrity is evaluated with regard to the retention
of location, design, setting, materials, workmanship, feeling, and association [CCR Title 14,
Section 4852(c)]. Impacts to a Historical Resource (as defined by CEQA) are significant if the
resource is demolished or destroyed or if the characteristics that made the resource eligible are
materially impaired [CCR Title 14, Section 15064.5(a)].
Prior to the amendments to the CEQA guidelines that established the significance criteria under
the CRHR and defined Historical Resources, the CEQA statute only required that the lead
agency consider whether or not the project will have a significant impact on unique
archaeological sites. A unique archaeological resource is an archaeological 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.
1. It contains information needed to answer important scientific research questions and
that there is a demonstrable public interest in that information.
2. It has a special and particular quality such as being the oldest of its type or the best
available example of its type.
DUDEK 8 September 2018
Mr. Brett Farrow
Subject: Cultural Resource Constraints Analysis for the 570/580 Laguna Drive Project, City of
Carlsbad, CJ
3. It is directly associated with a scientifically recognized important prehistoric or historic
event or person (PRC Section 21083.2 [g]).
CEQA Guidelines require that it should first be determined whether an archaeological site is an
Historical Resource (is eligible for the CRHR) (14 CCR Section 15064[c][l]). If the site is a
Historical Resource, then the guidelines for assessing impacts to, and mitigation for,
archaeological sites that are Historical Resources should be followed and the financial limits on
mitigation for unique archaeological sites do not apply (14 CCR Section 15064[c][2]).
As a practical matter a site that meets any of the three criteria for unique archaeological sites will
almost always meet the definition of a Historical Resource under the CRHR eligibility criteria.
Likewise, a site that fails to meet the definition of a unique archaeological site will similarly not
meet the definition of a Historical Resource. Therefore, in almost all cases the provisions for
unique archaeological sites will not apply if archaeological sites are first evaluated using CRHR
criteria to determine if they are Historical Resources. The State CEQA Guidelines note that if a
resource is neither a unique archaeological resource nor a Historical Resource, the effects of the
project on that resource shall not be considered a significant effect on the environment ( 14 CCR
Section 15064[c][4]).
CEQA also requires that the lead agency consider impacts to Tribal Cultural Resources. A Tribal
Cultural Resource that meets the statutory definition does not have to be further evaluated for
significance. Section 21074(a) of the Public Resource Code defines Tribal Cultural Resources
for the purpose of CEQA as:
Sites, features, places, cultural landscapes (geographically defined in terms of the size
and scope), sacred places, and objects with cultural value to a California Native
American tribe that are either of the following:
DUDEI<
a. included or determined to be eligible for inclusion in the California Register of
Historical Resources; and/or
b. included in a local register of historical resources as defined in subdivision (k)
of Section 5020.1; and/or
c. a resource determined by the lead agency, in its discretion and supported by
substantial evidence, to be significant pursuant to criteria set forth in subdivision
( c) of Section 5024.1. In applying the criteria set forth in subdivision ( c) of
Section 5024.1 for the purposes of this paragraph, the lead agency shall consider
the significance of the resource to a California Native American tribe.
9 September 2018
Mr. Brett Farrow
Subject: Cultural Resource Constraints Analysis for the 570/580 Laguna Drive Project, City of
Carlsbad, CA
Recognizing that California Native American tribes are experts in their Tribal Cultural Resources
and heritage, AB 52 amended CEQA to require lead agencies initiate consultation with tribes at
the commencement of the CEQA process to identify Tribal Cultural Resources. Furthermore,
because a substantial adverse change to a Tribal Cultural Resource is considered a significant
impact on the environment under CEQA, consultation is required to develop appropriate
avoidance, impact minimization, and mitigation measures.
The process by which consultation with tribes occurs in CEQA was established with the passage
of AB 52. Effective July 1, 2015, a lead agency must provide notice to any California Native
American tribe that has requested notice of projects proposed by the lead agency; and for any
tribe that responded to the notice within 30 days of receipt with a request for consultation, the
lead agency must consult with the tribe. Topics that may be addressed during consultation
include the presence or absence of Tribal Cultural Resources, the potential for the project to
cause a substantial adverse change to Tribal Cultural Resources, type of environmental document
that should be prepared, and possible mitigation measures and project alternatives.
The CEQA Guidelines include paleontological resources among those resources that should be
considered when evaluating the environmental impacts of a proposed project. Effects to unique
paleontological resources typically occur through ground-disturbing activities. Significance of
the discovery and importance of the resource may determine the level of consideration.
Changes to the CEQA Statute resulting from the passage of AB 52 and revisions to the CEQA
Guidelines to incorporate the requirements of AB 52 have clarified that cultural resources, tribal
cultural resources, and paleontological resources being considered as separate types of resources.
This is because all Tribal Cultural Resources are cultural resources by definition, but not all
cultural resources are Tribal Cultural Resources. In addition, a Tribal Cultural Resource might
also meet the legal definition of a historical resource under CEQA, warranting consideration as
both types of resources. Paleontological resources are natural (related to geology and biology),
and not cultural (related to humans), in nature.
Senate Bill 18
SB 18 was signed into law in September 2004 and became effective in March 2005. SB 18
(Burton, Chapter 905, Statutes of 2004) requires city and county governments to consult with
California Native American tribes early in the planning process with the intent of protecting
traditional tribal cultural places. The purpose of involving tribes at the early stage of planning
efforts is to allow consideration of tribal cultural places in the context of broad local land use
policy before project-level land use decisions are made by a local government. As such, SB 18
DUDEK 10 September 2018
Mr. Brett Farrow
Subject: Cultural Resource Constraints Analysis for the 570/580 Laguna Drive Project, City of
Carlsbad, CA
applies to the adoption or substantial amendment of general or specific plans. The process by
which consultation must occur in these cases was published by the Governor's Office of
Planning and Research through its Tribal Consultation Guidelines: Supplement to General Plan
Guidelines (November 14, 2005).
California Coastal Act
Section 30244 of the Act, "Archaeological or Paleontological Resources" states that: "Where
development would adversely impact archaeological or paleontological resources as identified by
the State Historic Preservation Officer, reasonable mitigation measures shall be required."
If paleontological resources are present, efforts should be undertaken to monitor construction
activities in potentially significant areas to reduce the adverse effects to paleontological
resources and to salvage any significant fossils, or to avoid the site entirely. The City's certified
Local Coastal Program, in conjunction with the California Coastal Commission, implements the
California Coastal Act within the boundaries of Carlsbad.
Public Resources Code Section 5097.5
Section 5097.5 (a & b) of the California Public Resources Code Section states:
"No person shall knowingly and willfully excavate upon, or remove, destroy, injure or
deface any historic or prehistoric ruins, burial grounds, archaeological or vertebrate
paleontological site, including fossilized footprints, inscriptions made by human agency,
or any other archaeological, paleontological or historical feature, situated on public lands,
except with the express permission of the public agency having jurisdiction over such
lands. Violation of this section is a misdemeanor.
As used in this section, "public lands" means lands owned by, or under the jurisdiction
of, the state, or any city, county, district, authority, or public corporation, or any agency
thereof."
California Public Resources Code 5097.9
Public Resources Code 5097.9 establishes that no public agency or private party using or
occupying public property or operating on public property, under a public license, permit, grant,
lease, or contract made on or after July 1, 1977 shall interfere with the free expression or
exercise of Native American religion. This code also prohibits damage to a Native American
sanctified cemetery, place of worship, religious or ceremonial site, or sacred shrine located on
DUDEK 11 September 2018
Mr. Brett Farrow
Subject: Cultural Resource Constraints Analysis for the 570/580 Laguna Drive Project, City of
Carlsbad, CA
public property, except on a clear and convincing showing that the public interest and necessity
so require.
California Public Resources Code 5097.98
Public Resources Code 5097.98 specifies procedures to be followed in the event of the discovery
of Native American human remains. This code specifies that the county Medical Examiner shall
immediately notify the persons believed to be most likely descended from the deceased Native
American. It provides that the most likely descendant has the right to inspect the site, with
permission of the land owner, and provide recommendations for treatment of the remains and
grave goods within 48 hours of being granted access to the site. The code also provides
procedures in the event that the most likely descendant is unable to be identified or the identified
descendants fail to make a recommendation.
California Public Resources Code 5097.99
Public Resources Code 5097.99 states that no person shall obtain or possess any Native
American artifacts or human remains except as otherwise provided by law. The code further
states that unlawful possession of these items is a felony, punishable by imprisonment.
California Health and Safety Code 7050.5
Health and Safety Code 7050.5 establishes the intentional disturbance, mutilation, or removal of
interred human remains a misdemeanor. This code also requires that upon the discovery of
human remains outside of a dedicated cemetery excavation or disturbance of land cease until a
county Medical Examiner makes a report. The code also requires that the county Medical
Examiner contact the NAHC within 24-hours if he or she determines the remains to be of Native
American origin.
California Code of Regulations (Title 14, Division 3, Chapter 1)
Section 4307 of the California Code of Regulations regarding Geological Features applicable to
lands administered by the California Department of Parks and Recreation states: "No person
shall destroy, disturb, mutilate, or remove earth, sand, grave, oil, minerals, rocks, paleontological
features, or features of caves."
Section 4309 of the California Code of Regulations regarding Special Permits applicable to lands
administered by the California Department of Parks and Recreation states: "The Department may
grant a permit to remove, treat, disturb, or destroy plants or animals or geological, historical,
DUDEK 12 September 2018
Mr. Brett Farrow
Subject: Cultural Resource Constraints Analysis for the 570/580 Laguna Drive Project, City of
Carlsbad, CA
archaeological or paleontological materials; and any person who has been properly granted such
a permit shall to that extend not be liable for prosecution for violating the forgoing."
FEDERAL REGULATIONS
National Historic Preservation Act
Regulations implementing Section 106 of the National Historic Preservation Act (NHPA) (36
CFR 800) provide procedures for federal agencies to identify, evaluate, assess effects, and
provide treatment for adverse effects on historic properties for federal undertakings. A "historic
property" is defined in 36 CFR Part 800.16(1)( 1) as "any prehistoric or historic district, site,
building, structure, or object included in, or eligible for inclusion in, the National Register of
Historic Places maintained by the Secretary of the Interior. This term includes artifacts, records,
and remains that are related to and located within such properties. The term includes properties
of traditional religious and cultural importance to an Indian tribe or Native Hawaiian
organization and that meet the National Register criteria" in 36 CFR Part 60. Historic Properties,
as defined therein, are subject to these Guidelines.
A federal undertaking is a project that receives federal funding or when a federal permit (such as
a Section 404 permit from the USA CE) is required. The Section 106 process is the responsibility
of the federal agency that provides the funding or issues the permit. It is the federal agency
official who determines if the project qualifies as an undertaking. However, the City must ensure
that projects that qualify as federal undertakings that are initiated by the City or by applicants to
the City go through the Section 106 process following the requirements of the responsible federal
agency. The City or the applicant may hire a consultant to prepare the reports needed by the
federal agency official for the Section 106 process.
The steps in the Section 106 process generally parallel those carried out for CEQA and include
identification of historic properties, evaluation of historical significance, assessment of effects,
and resolving adverse effects. At various points in the Section 106 process the federal official
must consult with the State Historic Preservation Officer (SHPO) and any Consulting Parties
(such as Native American tribes and local governments, such as the City) identified by the
federal official.
A reasonable and good faith effort to identify potential historic properties in the Area of Potential
Effect (APE) of the undertaking is required. Identification efforts may include background
research, including a records search from the appropriate CHRIS Information Center and the
NAHC, consultation with Native American groups, and field survey.
DUDEI< 13 September 2018
..
Mr. Brett Farrow
Subject: Cultural Resource Constraints Analysis for the 570/580 Laguna Drive Project, City of
Carlsbad, CA
If potential historic properties are identified, they must be evaluated to assess whether they are
historic properties (have historic or prehistoric significance). Historic properties are those that
are eligible for or are already listed in the National Register of Historic Places (NRHP). The four
NRHP eligibility criteria are as follows (36 CFR 60.4):
"The quality of significance in American history, architecture, archaeology, and culture is
present in districts, sites, buildings, structures, and objects of state and local importance
that possess aspects of integrity of location, design, setting, materials, workmanship,
feeling, association, and
a. is associated with events that have made a significant contribution to the broad patterns
of our history;
b. is associated with the lives of a person or persons significance in our past;
c. embodies the distinctive characteristics of a type, period or method of construction, or
represents the work of a master, or possesses high artistic value, or represents a
significant and distinguishable entity whose components may lack individual distinction;
or
d. has yielded or may be likely to yield information important in prehistory or history.
In addition, the resource must be at least 50 years old, except in exceptional circumstances (36
CFR 60.4).
Effects to NRHP-eligible resources (historic properties) are adverse if the project may alter,
directly or indirectly, any of the characteristics of an historic property that qualify the property
for inclusion in the National Register in a manner that would diminish the integrity of the
property's location, design, setting, materials, workmanship, feeling, or association.
In addition, the resource must possess sufficient integrity to adequately express the
characteristics that make it eligible. Evaluation procedures include historical research to assess
association with important historical events or persons, assessment of distinctive architectural or
engineering characteristics, and archaeological investigation (may include test excavations) to
assess information potential of archaeological sites. The federal agency official makes the
determination of eligibility and the SHPO reviews the determination. The SHPO may concur or
not concur with the determination.
DUDEI< 14 September 2018
Mr. Brett Farrow
Subject: Cultural Resource Constraints Analysis for the 570/580 Laguna Drive Project, City of
Carlsbad, CA
If properties are determined to be eligible (historic properties are identified), it must be
determined if the historic property will be adversely affected by the undertaking. The criteria of
adverse effect are applied. Adverse effects occur when an undertaking may directly or indirectly
alter characteristics of a historic property that qualify it for inclusion in the NRHP (make it
eligible for the NRHP). Examples of adverse effects include physical destruction or damage,
alterations to a building or structure that are not consistent with the Secretary of the Interior's
Standards, relocation, and change of use or setting.
Alteration or destruction of an archaeological site is an adverse effect. After applying the criteria
of adverse effect, the agency official will make a finding that historic properties are or are not
adversely affected. The SHPO will review and concur or not concur with the finding.
When there are adverse effects to historic properties, a Memorandum of Agreement (MOA) is
negotiated between the federal agency and the SHPO, with input from the Consulting Parties.
The City may be a signatory, invited signatory or concurring party to the MOA. The MOA
stipulates the treatment that will be applied to resolve the adverse effects. Treatment (mitigation
measures) may include documentation of buildings and structures using HABS/HAER standards
(including large format photography), rehabilitation using the Secretary of the Interior's
Standards, or data recovery for archaeological sites. Other types of mitigation could include
ethnographic studies, nominations to the National Register of Historic Places, oral history
documentation, coalescing of collections of imagery, or other types of documentation.
RECORDS SEARCH RESULTS
Previous Cultural Resource Investigations:
Two (02) previous cultural resources studies have been completed within the Project APE. These
two studies show that only the general vicinity of the Project APE has been studied previously
and that this specific property has not been previously studied for cultural resources.
These two studies (Seeman 1982; and ASM 2002) provide analysis of cultural resources within
the vicinity of the current Project APE. Neither of these two studies identified any cultural
resources or historic addresses within the Project APE; however neither study provided direct
investigation of the Project APE. Fifty-one ( 51) other investigations have been completed within
I-mile of the Project APE and are provided in Table 1 below (Table 1) (Confidential Appendix
A-SCIC Record Search Results).
DUDEI< 15 September 2018
Mr. Brett Farrow
Subject: Cultural Resource Constraints Analysis for the 570/580 Laguna Drive Project, City of
Carlsbad, CA
Table 1
Previous Technical Studies within the One-Mile Search Area
""" ~ 0.. -. ..
iii;~~
..
DRAFT ENVIRONMENTAL IMPACT REPORT REVISED PARKS AND SD-04111 Larry Seeman 1982 RECREATION ELEMENT, CARLSBAD, CALIFORNIA
ARCHAEOLOGICAL SURVEY REPORT FOR THE PHASE I
ARCHAEOLOGICAL SURVEY ALONG INTERSTATE 5 SAN DIEGO SD-09361 ASM, Inc. 2002 COUNTY,CA.
StrldlNOuflfdl,,.APf
AN ARCHAEOLOGICAL HISTORICAL RECONNA1SSANCE OF THE
SD-00423 WESTEC Services, Inc. 1982 PROPOSED BUENA VISTA CENTER.
OCEANSIDE HARBOR AND NA V AGA TION PROJECT:
SD-00535 Dr. Larry L. Leach 1976 ARCHAEOLOGICAL SURVEY REPORT
Terra Mar International ARCHAEOLOGICAL TESTING OF SDl-626, A COASTAL SHELL MIDDEN
SD-00992 Services, Inc. 1984 SITE IN CARLSBAD, CALIFORNIA
AN ARCHAEOLOGICAL SURVEY REPORT FOR A WIDENING OF STATE
ROUTE 78 (1-5 TO EAST OF COLLEGE BOULEY ARD) OCEANSIDE,
SD-01154 CALTRANS 1988 CALIFORNIA.
Department of Parks and RESOURCE INVENTORY CULTURAL RESOURCES SAN DIEGO COAST
SD-01638 Recreation 1985 ST A TE BEACHES
NEGATIVE ARCHAEOLOGICAL SURVEY REPORT FlRST ADDENDUM
SD-02574 CALTRANS 1992 INTERCHANGE OF ROUTE 78 AND INTERSTATE 5 IN OCEANSIDE
BRIAN F. SMITH AND A CULTURAL RESOURCE SURVEY AND ASSESSMENT FOR THE MUHE
SD-03027 ASSOCIATES 1994 PROJECT, CARLSBAD, CALIFORNIA
BRJAN F. SMITH AND ADDENDUM TO A CULTURAL RESOURCE SURVEY AND
SD-03031 ASSOCIATES 1996 ASSESSMENT FOR THE MUHE PROJECT, CARLSBAD, CALIFORNIA
HISTORJCAL SURVEY FOR THE CARLSBAD UNION CHURCH AND THE
SD-04483 WESTEC 1987 GAUS HOUSE, CARLSBAD, CALIFORNIA
CALIFORNIA DEPT.
OF NEGATIVE ARCHAEOLOGICAL SURVEY REPORT: UPGRADE OF THE
SD-04587 TRANSPORTATION 1991 ROUTE 78 INTERSTATE 5 INTERCHANGE IN OCEANSIDE, CA
FINAL REPORT FOR AN ARCHAEOLOGICAL TEST EXCAVATION AT
SD-04833 CALTRANS 1982 SITE CA-SDl-9473, CARLSBAD, CA.
SUMMARY REPORT FOR AN ARCHAEOLOGICAL TEST EXCAVATION
SD-04835 JOYCE CORUM 1982 AT SITE CA-SDI-9473, OCEANSIDE, CA. l l-SD-78 P.M. 0 .0 /3.1
FRAZEE PROPERTY DRAFT ENYIRONMETAL IMPACT REPORT AND
SD-04946 RECON 1978 GENERAL PLAN AMENDMENT
HISTORIC PROPERTY SURVEY REPORT FOR A WIDENING OF STATE
SD-05845 DON LA YLANDER 1988 ROUTE 78
SD-06248 N.A. 1998 NEGATIVE ARCHAEOLOGICAL SURVEY REPORT DISTRJCT 11
SD-06531 CALTRANS 1991 NEGATIVE ARCHAEOLOGICAL SURVEY REPORT-11-SD-78 P.M. 0.0-0.7
HISTORIC PROPERTY SURVEY REPORT OCEANSIDE TO SAN DIEGO-
SD-06629 MARTIN ROSEN 1999 RAlL TO TRAIL
CULTURAL RESOURCE ASSESSMENT CINGULAR WIRELESS
SD-07498 LSA Associates, Inc. 2002 FACILITY NO.SD443-I I SAN DIEGO COUNTY, CA
CULTURAL RESOURCES STUDY FOR THE PROPOSED NCTD FAO
SD-08487 ASM AFFILIATES 2003 FACILITY PROJECT
DUDEK 16 September 2018
Mr. Brett Farrow
Subject: Cultural Resource Constraints Analysis for the 570/580 Laguna Drive Project, City of
Carlsbad, CA
__., f.~· PutilllMrtlAIIIIMNI ~-TIiie Number ', "
EXCEPT FROM CITY OF CARLSBAD-EfR-295, PLAZA CAMINO REAL
SD-08739 WESTEC 1975 EXPANSION
SD-09003 N.A. 2004 POSITIVE HISTORIC PROPERTY SURVEY REPORT
ARCHAEOLOGICAL TESTING AT TWELVE PREHISTORIC SITES (SDI-
603, -628, -4553, -683 1, -6882, 10965, -12670, 13484, 15678, 15679, 15680) ON
SD-09362 ASM 2004 THE CENTRAL SAN DIEGO COAST, SAN DIEGO COUNTY, CA.
CULTURAL RESOURCES INVENTORY REPORT FOR FOUR SAN LUIS
REY LAND OUTFALL PIPELINE ROUTE ALTERNATIVES, CITY OF
SD-09470 Mooney and Associates 2004 OCEANSIDE, CALIFORNIA
THE CEMETERIES AND GRAVESTONES OF SAN DIEGO COUNTY: AN
SD-09516 David Caterino 2005 ARCHAEOLOGICAL STUDY
GALLEGOS & CITY OF CARLSBAD WATER AND SEWER MASTER PLANS CULTURAL
SD-09571 ASSOCIATES 2003 RESOURCE BACKGROUND STUDY CITY OF CARLSBAD, CALIFORNLA
FINAL CULTURAL RESOURCES SURVEY OF 2000 STEW ART STEET,
SD-10197 ASM AFFILIATES 2006 SAN DIEGO COUNTY, CALIFOPRNIA
CARLSBAD SANT A FE DEPOT, 400 CARLSBAD VILLAGE DRIVE (ELM
SD-10847 N.A. n.d. A VE.), CARLSBAD, CALIFORNIA 92008
THE CARLSBAD
HISTORICAL
SD-11269 SOCIETY n.d. SANT A FE DEPOT -CARLSBAD
MICHAEL CULTURAL RESOURCE RECORDS SEARCH RESULTS AND SITE VISIT
FOR CRICKET TELECOMMUNICATIONS FACILITY CANDIDATE SAN-
BRANDMAN 119B (AMAZON BIKES), 1227 VISTA WAY, OCEANSIDE, SAN DLEGO
SD-1 1602 ASSOCIATES 2008 COUNTY, CALIFORNIA
HISTORIC PROPERTY SURVEY REPORT, 1-5 NORTH COAST WIDENING
SD-11761 CALTRANS 2007 PROJECT
ARCHAEOLOGICAL SURVEY FOR THE CAL TRANS 1-5 NORTH COAST
ASM AFFILIATES, CORRIDOR PROJECT BIOLOGICAL MITIGATION PARCELS, SAN
SD-11783 INC 2008 DIEGO COUNTY, CALIFORNIA
MICHAEL CULTURAL RESOURCES RECORDS SEARCH AND SITE VISIT RES UL TS BRANDMAN FOR VERIZON WIRELESS CANDIDATE FIVE/78 AT 1501 KELLY
SD-12557 ASSOCIATES 2008 STREET, OCEANSIDE, SAN DIEGO COUNTY, CALIFORNIA
HISTORIC PROPERTY SURVEY REPORT FOR THE PROPOSED
CONSTRUCTION OF A SECOND MAINLINE TRACK IN THE CITY OF
SD-12693 CALTRANS 2009 CARLSBAD BY THE NORTH COUNTY TRANSIT DISTRICT
ARCHAEOLOGICAL SURVEY REPORT: CARLSBAD DOUBLE TRACK
PROJECT CONTROL POINT CARL (MP 2293) TO CONTROL POINT
FARR (MP 231. 7) NORTH COUNTY TRANSIT DISTRICT MAINLINE SAN
SD-12738 CRMTECH 2009 DIEGO COUNTY, CALIFORNIA CAL TRANS DISTRJCT 11
HISTORIC PROPERTY SURVEY REPORT FOR THE INTERSTATE 5
SD-12762 DOMINICI, DEBORAH 2010 NORTH COAST CORRIDOR PROJECT
FIVE/78 1501 KELLY STREET OCEANSIDE SAN DIEGO COUNTY,
SD-13355 EB! CONSULTING 2011 CALIFORNIA 92054
ADDENDUM, 61087278 FIVE/78, 1501 KELLY ST., OCEANSIDE, NEW
SD-13482 EBI CONSULTING 2011 TOWER
CULTURAL RESOURCES INVESTIGATION IN SUPPORT OF
CONSULTATION FOR THE REG IONAL BEACH SAND II PROJECT SAN
SD-13488 AECOM 201 I DIEGO COUNTY, CALIFORNIA
INTERSTATE 5 NORTH COAST CORRIDOR PROJECT SUPPLEMENT AL
DRAFT ENVIRONMENTAL IMPACT REPORT/ ENVIRONEMENTAL
SD-13916 CALTRANS 2012 IMPACT STATEMENT
CULTURAL AND HISTORICAL RESOURCE STUDY FOR THE CITY OF
ASM AFFILIATES, OCEANSIDE GENERAL PLAN-CIRCULATION ELEMENT UPDATE
SD-14069 INC. 201 I PROGRAM ENVIRONMENTAL IMPACT REPORT (PEIR)
INTERSTATE 5 NORTH COAST CORRIDOR PROJECT FINAL
ENVIRONMENTAL IMPACT REPORT/ ENVIRONMENTAL IMPACT
SD-14495 CALTRANS 2013 ST A TEMENT AND SECTION 4(F) EVALUATION
SD-14615 CALTRANS 2013 1-5 NORTH CORRIDOR PROJECT SUPPLEMENTALS
DUDE I< 17 September 2018
Mr. Brett Farrow
Subject: Cultural Resource Constraints Analysis for the 570/580 Laguna Drive Project, City of
Carlsbad, CA
~; ~ DIii ..,..
I . .
CULTURAL RESOURCE RECORDS SEARCH AND SITE SURVEY AT&T
ACE SITE SD0485 ADVENTURE 16 2002 SOUTH COAST HIGHWAY
SD-14667 ENVIRONMENT AL 2012 OCEANSLDE, SAN DIEGO COUNTY, CALIFORNIA 92106
BUENA VISTA LIFT STATION SEWER FORCE MAIN (VC-4)
SD-14674 CITY OF CARLSBAD 2012 ENVIRONMENT AL DOCUMENTS
CULTURAL RESOURCES RECORDS SEARCH AND SITE VISIT RES UL TS Environmental FORT MOBILE WEST, LLC CANDIDATE SD06443A (SD443 NORTH
Assessment Specialists, COUNTY TIMES) 1722 SOUTH COAST HIGHWAY, OCEANSIDE, SAN
SD-15860 Inc. 2013 DIEGO COUNTY, CALIFORNIA
2007 CULTURAL RESOURCES TREATMENT PLAN NORTH COAST
SD-16127 CALTRANS 2008 INTERSTATE 5 CORRIDOR
SIXTH SUPPLEMENTAL HISTORIC PROPERTY SURVEY REPORT
(HPSR): REVISED AREA OF POTENTIAL EFFECTS (APE) 1-5 NORTH
SD-16131 Caltrans 2013 COAST CORRIDOR
CULTURAL RESOURCES MONITORING REPORT FOR THE LANAI
Brian F. Smith and SUBDIVISION PROJECT, CARLSBAD, SAN DIEGO COUNTY,
SD-16264 Associates 2015 CALIFORNIA
CULTURAL RESOURCE ASSESSMENT CLASS Ill INVENTORY
VERIZON WIRELESS SERVICES CARLSBAD STATE ST. FACILITY,
SD-16278 LSA Associates 2015 CITY OF CARLSBAD, SAN DIEGO COUNTY, CALIFORNIA
CULTURAL RESOURCES MONITORING REPORT FOR THE DE ANDA
Brian F. Smith and RESIDNECE PROJECY, CITY OF CARLSBAD, CALIFORNIA CPD NO. 13-
SD-16287 Associates 2015 30 APN 155-140-41
NEGATIVE ARCHAEOLOGICAL, PALEONTOLOGICAL, AND NATIVE
AMERICAN MONITORING AND MITI GATION REPORT FOR THE
HIRSCH KOFF FAMILY RESIDENCE PROJECT, CITY OF CARLSBAD,
Brian F. Smith and SAN DIEGO COUNTY, CALIFORNIA (CDP 14-1 3 AND 14-14; APN 155-
SD-16620 Associates 2016 180-28)
Previously Recorded Cultural Resources
The records search conducted for the proposed Project determined that no previously recorded
cultural resources are located within the project site; however, 16 previously recorded cultural
resources are located within the 1-mile vicinity. While no resources were previously recorded
within the Project APE, the closest previously recorded resources in the vicinity of the Project,
P-37-000627 (CA-SDI-627) a prehistoric habitation site is located within a two hundred meters
of the Project APE, along the natural edge of the bluff landform. However, the site record states
that this site was mostly destroyed at the time it was recorded 1958.
The 15 other previously recorded cultural resources identified within the I-mile record search
area include 3 other prehistoric habitation sites with shell midden; 3 prehistoric shell
midden/scatters; 2 artifact and shell scatters, 1 isolated flake; 2 multicomponent sites; 1 historic
structure; 1 historic cemetery; 1 historic Railway Depot; and 1 historic trash deposit. The
previously recorded resources are identified in Table 2 below (Table 2) (Appendix A -
Confidential SCIC Record Search Results).
DUDEK 18 September 2018
Mr. Brett Farrow
Subject: Cultural Resource Constraints Analysis for the 570/580 Laguna Drive Project, City of
Carlsbad, CA
Table 2
Previously Recorded Cultural Resources within One-Mile of the Project APE
--..
.. 7--•· -4·, ··-. NlfOd,, J: ... .......... -· I ·-\ ·-'( "· ,; ·• ~-:.•
~ fttPfO/ildNII ' .rec .
37-000626 SDl-000626 Prehistoric Temporary Habitation site and artifact scatter, heavily
disturbed
37-000627 SDI-000627 Prehistoric Temporary Habitation site, heavily disturbed
37-000628 SDI-000628 Prehistoric Habitation site with remains of shell midden
37-000629 SDI-000629 Prehistoric Temporary Habitation site with midden, heavily disturbed
37-008455 SDI-008455 Prehistoric Low density shell midden/scatter
37-017443 -Historic Santa Fe Railway Depot
37-026518 SDl-017414 Multicomponent Prehistoric temporary habitation site and an early-to-mid-
Twentieth Century historic trash deposit
37-027036 SDl-017672 Prehistoric Shell midden site
Primary
Number Trlnomlll
Ptrtod :-. ~
Oulaldt the l'rojectAJ!lf (confnutdJ
37-027452 SDI-017907 Historic Buena Vista Cemetery
37-028351 SDl-018348 Prehistoric Artifact and shell scatter
37-029985 -Historic Administration Building for the City of Carlsbad's
Department of Parks and Recreation
37-030500 SDI-019375 Prehistoric Artifact and shell scatter
37-032654 SDI-020692 Prehistoric Shell scatter
37-033873 -Prehistoric Isolated flake
37-033874 SDl-021274 Multicomponent Prehistoric shell midden and a historic paved road
37-034887 SDl-021704 Historic Trash deposit
DUDEK 19 September 2018
Mr. Brett Farrow
Subject: Cultural Resource Constraints Analysis for the 570/580 Laguna Drive Project, City of
Carlsbad, CA
The SCIC records search also indicates that 17 historic addresses have been previously identified
within the 1-mile search area and are listed in Table 3 (Table 3). None of these addresses are
located within the Project APE.
Table 3
Previous Historic Address within the a Quarter-Mile Search Area
Mdrlll HliltoltcName CommonNllnt DD
,,,,,,.AIM.•MldtfltA/le
400 CARLSBAD VILLAGE
DR -CARLSBAD SANT A FE DEPOT 1887
ADAM AND LOTTIE LA YER
510 KELLY ST APARTMENTS HAVMORE APARTMENTS 1930
NEIL AND MARGARET MURPHY -
1705 S TREMONT ST RESIDENCE 1928
ORVELLA AND EDNA COLEMAN -
1706 S HORNE ST RESIDENCE 1947
C.ROY AND JOSEPHINE B. LATHROP FRANK AND VALERIE HEFNER
1709 S TREMONT ST RESIDENCE RESIDENCE 1928
ELBERT AND ELVA COLVILLE -
2034 S FREEMAN ST RESIDENCE 1939
2680 CARLSBAD BLVD ---
2802 CARLSBAD BLVD -ALT KARLSBAD/FRAZIER'S WELL -
123 E VISTA WY -SUNDOWNER -
328 E VISTA WY -CLUB VISTA -
CASSIDY STREET BRIDGE/PACIFIC
PACIFIC St BRIDGE TERRACE OVERCROSSING 1927
N.A. SANT A FE DEPOT SANT A FE DEPOT 1887
1317 KELLY STREET --1948
2530 DA VIS A VENUE --1951
2524 DA VIS A VENUE --1948
2565 PIO PICO DRIVE --1956
11 66 CARLSBAD VILLAGE --
DRIVE 1952
2002 SOUTH COAST --
HIGHWAY 1947
Historic Aerials Imagery Search
In addition to the SCIC Records Search, Dudek conducted an on-line review of historic
topographic maps and aerials images of the Project APE and general vicinity to help determine
the possible development and land use of the Project APE in the past. The historic aerial
imagery available from the website HistoricAerials.com by the Nationwide Environmental Title
Research, LLC , demonstrates clear evidence that the only cultural development of this property
to date was the construction and operation of the currently standing dual residence and
commercial building first documented by aerial imagery in 1980 (NETR 2018). The historic
maps and aerials show that the vicinity surrounding 570/580 Laguna Drive was historically
developed sometime around the turn of the Twentieth Century. The 1901 topographical map of
DUDEK 20 September 2018
Mr. Brett Farrow
Subject: Cultural Resource Constraints Analysis for the 570/580 Laguna Drive Project, City of
Carlsbad, CA
the area show the first structure built in this area, located just east of the location of 570/580
Laguna Drive. This residence continues to be occupied and expands slightly over the years but
remains one of the only structures in the vicinity until sometime around 1953 when the property
immediately adjacent to the east of 570/580 Laguna Drive, is first residentially developed.
Finally, as stated above, according to the historic aerial images available, the Project APE,
570/580 Laguna Drive was developed for the first time by 1980 (NETR). The review of the
historic topographic maps and aerial images also demonstrates that, outside of the early historic
disturbance from local disking and plowing, there has been no other cultural development of the
Project APE in the past.
SURVEY METHODS AND RES UL TS
Dudek Archaeologist Scott Wolf and Saving Sacred Sites Inc.,'s Native American monitor John
Chavez surveyed the entire Project APE on February 9, 2018. The project APE was subject to
100-percent survey with transects spaced no more than 05 m apart and generally oriented in
cardinal directions (north to south). Evidence for buried cultural deposits was sought through
inspection of natural or artificial erosion exposures.
Site LD-SW-01
During the survey, small fragments of marine invertebrate shell remains, trace amounts of
historic bottle glass, and small amounts of unidentified (non-human faunal) bone fragments were
observed during the survey of the Project APE. At least six locations of shell fragments were
noted dispersed among the landscape and planter boxes surrounding the current standing
structures (Figure 2). These locations each had multiple weathered fragments (at least three or
more fragments each) of marine invertebrate shell, which included Chione, Argopecten, Ostrea,
Mytilus, and Donnax shell species. The shell fragments were noted embedded and loosely
scattered in a moderately compacted medium brown (Munsell: 7.5YR5/3 ) sandy loam. The shell
fragments were mostly identified in the southern portion of the APE, surrounding the
commercial structure nearest Laguna Drive, away from the natural bluff edge along the northern
portion of the APE. One location of shell also contained several weathered faunal bone
fragments and at least one small fragment of brown bottle body glass. This small scatter of food
refuse is located in the landscaped planter box/area, between the paved parking area and the
northern edge of Laguna Drive (Figure 3). While fragments of shell, bone and bottle glass were
identified on the surface in the APE during the survey, there was no evidence of possible intact
historic or prehistoric cultural features or intact subsurface deposits. The shell and artifact
DUDEI< 21 September 2018
Mr. Brett Farrow
Subject: Cultural Resource Constraints Analysis for the 570/580 Laguna Drive Project, City of
Carlsbad, CA
scatter identified around the landscape has been collectively identified and recorded as site "LD-
SW-01" and a Department of Parks and Recreation Cultural Resource site form has been created,
submitted to the SCIC, and is provided with this report as Confidential Appendix B. (Appendix
B -Confidential Site LD-SW-01 DPR Form)
Figure 3. Photograph image of shell, bone and glass fragment in the landscape planter bed
sediments (left frame; view to the west). Close up image of marine invertebrate shell fragments
(right frame).
ARCHAEOLOGICAL SENSITIVITY
Based on the results of SCIC record search, the Historic aerial image review, and the pedestrian
survey, it is possible to summarize the "archaeological sensitivity" or potential for significant
cultural resource constraints within the Project APE as follows.
The SCIC records indicate that no cultural resources have been identified within the Project
APE; however, the APE has not been studied for cultural resources previously. Furthermore, as
the entire Project APE has been both residentially and commercially developed, a high volume
of ground disturbance was clearly demonstrated throughout the entire Project APE. Despite
DUDEI< 22 September 2018
Mr. Brett Farrow
Subject: Cultural Resource Constraints Analysis for the 570/580 Laguna Drive Project, City of
Carlsbad, CA
being previously developed, ephemeral amounts of cultural material (marine shell remains and
bone fragments) and artifacts (bottle glass) were identified and recorded. However, from
analysis of archived historic maps and aerial images, it is more likely that the identified shell,
bone and glass represent displaced refuse from the early Twentieth Century historic residence,
east of 570/580 Laguna Drive, rather than from the previously recorded prehistoric site CA-SDI-
627. Regardless of their origin, this material is very unlikely to represent part of a significant
deposit that could further the understanding of either local or regional prehistory.
Therefore, considering the heavily disturbed conditions of the APE and despite the identified
presences of artifacts, the archaeological sensitivity of the Project APE is low. A review of the
available data from the record search and aerial images suggest that it is unlikely that
undiscovered or deeply buried cultural resources could be present in the Project APE.
Deeply buried archaeological deposits would likely be considered significant under CEQA, and
impacts to such deposits would require mitigation. Mitigation of impacts to significant
archaeological sites could include, but is not limited to, avoidance by project design, capping,
archaeological test excavations, and possibly data recovery. If impacts to the significant portion
of the resource (where the subsurface deposit is located) can be avoided, then the expense of
mitigation would be reduced.
The presence of prehistoric resources immediately around the Project APE suggests that the area
was a prehistorically prime locale for habitation. However, the physical and archival evidence
suggests that while Natives Americans lived in the area, they did not directly utilize the Project
APE enough to leave clear physical evidence of habitation. Based upon the extremely high level
of ground disturbance and lack of intact archaeological deposits or features within the Project
APE, there is a low potential for the discovery of subsurface deposits and/or buried cultural
features within the Project APE.
TRIBAL CONSULTATION
As the lead agency under CEQA, the City of Carlsbad is responsible for formal consultation with
local tribes under Assembly Bill 52. If the City does not already have a list of consulting tribes, a
list can be requested from the NAHC. Consultation must begin within 14 days of the Notice of
Preparation (NOP) for the project and is an ongoing process. Depending on the concerns and
requests, consultation may last a few weeks to a few months, up to and including the public
release of the project's environmental documents. If a specific plan, specific plan amendment, or
general plan amendment is required for the project, then the City must also conduct formal
consultation with the tribes under Senate Bill 18. Consultation under AB 52 and SB 18 can be
DUDEI< 23 September 2018
Mr. Brett Farrow
Subject: Cultural Resource Constraints Analysis for the 570/580 Laguna Drive Project, City of
Carlsbad, CA
done concurrently, as the list of tribes requiring consultation will likely be the same under both
regulations.
As part of the cultural constraints study project, Dudek has conducted a sacred lands search with
the NAHC and initiated project correspondence with local tribe members included on the list
provided by the NAHC. To date, Dudek has received four tribal responses. On March 13, 2018
the Agua Caliente Band of Cahuilla Indians responded that this project was not located within
their Tribe's Traditional Use Area and they defer to other tribes in the area. The second response
was received on March 19, 2018 from the Viejas Band of Kumeyaay Indians. Viejas responded
that they have determined that this project location has cultural significance or ties to the
Kumeyaay Nation. They recommend that Dudek contacts additional local tribal contacts and
that Dudek follows all local, state, and national cultural laws. A third response was received from
the Rincon Band of Luisefio Indians on April 06, 2018. Rincon stated that the 570/580 Laguna
Drive project was within Luiseno territory and furthermore, is within Rincon's specific area of
Historic interest. Embedded in the Luisefio territory is Rincon's history, culture and identity and
Rincon has knowledge of one Luisefio Place Name, 'engxalash within the general proximity of
the proposed project site. A fourth tribal response was received from the Pala Tribal Historic
Preservation Office on April 27, 2018. The Pala Band of Mission Indians recognizes that the
while the Project is not within their Traditional Use Area they would like to be kept in the loop
concerning the project and project results and notified if any project boundaries are changed in
the project future. Finally, Pala recommends that approved cultural monitors be present on-site
during all survey and all ground-disturbing activities (Confidential Appendix C -NAHC and
Tribal Correspondence).
SUMMARY AND RECOMMENDATIONS
Dudek's cultural constraints analysis study of the project area suggests that there is low potential
for the inadvertent discovery of significant cultural resources during ground breaking activities.
Trace amounts of cultural material has been identified during intensive pedestrian survey within
the Project APE. SCIC records indicate that no archaeological resources have been previously
recorded within the project APE; however, the search also indicates that the APE has never been
directly studied before.
The NAHC Sacred Lands File search did not indicate that cultural resources are in the vicinity of
the project. Although the APE has been substantially disturbed by the standing residential and
commercial structures on the property, the presence of cultural materials within the APE
suggests that there is some potential for the inadvertent discovery of subsurface cultural deposits
DUDEK 24 September 2018
Mr. Brett Farrow
Subject: Cultural Resource Constraints Analysis for the 570/580 Laguna Drive Project, City of
Carlsbad, CA
during project-related ground disturbing activities. Based on this information, the Project as
currently designed will not result in impacts cultural resources (no historic properties affected)
with implementation of appropriate mitigation.
For appropriate mitigation measures, Dudek recommends either limited subsurface test
excavations prior to any potential ground disturbing activities or cultural monitoring mitigation.
Limited subsurface testing would provide the opportunity for archaeologists to make clearer
determinations of the cultural materials and artifacts scattered in the landscape. With limited
subsurface excavations, approximately 5 to 10 shovel test pits archaeologist would be able to
determine whether the shell and artifacts noted on the surface have any potential to be associated
with unidentified subsurface and potentially significant cultural deposits.
If subsurface test excavations are not conducted prior to groundbreaking acttv1ttes, Dudek
recommends mitigation to include that a qualified archaeologist and Native American monitor be
present during initial groundbreaking activities. Full-time monitoring is not warranted given the
observed severity of disturbances. Following initial ground-breaking activities, the archaeologist
and Native American monitor should consult with the project developer to establish a strategy
for occasional spot-check monitoring based on the observed subsurface conditions and potential
to contain cultural deposits. Monitoring may be discontinued based on the recommendation of
the archaeological monitor, in communication with the archaeological principal investigator, if
no intact sediments with potential to contain archaeological deposits are observed. The
archaeological principal investigator and project developer should determine the timing and
duration of archaeological monitoring. A monitoring report should be prepared following
completion of construction. This report will include the results of archaeological and Native
American monitoring, even if negative, and document compliance with CEQA and City
regulatory conditions.
In the event that archaeological resources (sites, features, or artifacts) are exposed during
construction activities for the proposed project, all earth-disturbing work occurring in the vicinity
(generally within 100 feet of the find) shall immediately stop and the City notified. A qualified
archaeologist, meeting the Secretary of the Interior's Professional Qualification Standards, will
evaluate the significance of the find and determine whether or not additional study is warranted.
If the discovery proves significant under CEQA, or City Guidelines, additional work such as
preparation of an archaeological treatment plan, testing, or data recovery may be warranted.
In accordance with Section 7050.5 of the California Health and Safety Code, if potential
human remains are found, earth-disturbing work in the vicinity (generally 100 feet is
sufficient) should immediately halt and the county coroner must be notified of the discovery.
DUDEI< 25 September 2018
Mr. Brett Farrow
Subject: Cultural Resource Constraints Analysis for the 570/580 Laguna Drive Project, City of
Carlsbad, CA
The coroner will provide a determination within 48 hours of notification. No further
excavation or disturbance of the identified material, or any area reasonably suspected to overlie
additional remains, shall occur until a determination has been made. If the county coroner
determines that the remains are, or are believed to be, Native American, they shall notify the
NAHC within 24 hours. In accordance with California Public Resources Code Section
5097.98, the NAHC must immediately notify those persons it believes to be the most likely
descendent (MLD) from the deceased Native American. Within 48 hours of their notification,
the MLD will recommend to the lead agency their preferred treatment of the remains and
associated grave goods.
If you have any questions, feel free to contact me at swolf@dudek.com or (760) 429-8404.
Sincerely,
Scott Wolf
Archaeologist
Att: Figure I: Regional and Location Map
Figure 3: Shell identified during survey.
cc: Callie Amoaku, Micah Hale, Dudek
DUDEI< 26 September 2018
Mr. Brett Farrow
Subject: Cultural Resource Constraints Analysis for the 570/580 Laguna Drive Project, City of
Carlsbad, CA
References
AB 52. Assembly Bill No. 52. California Legislative Information Website. Electronic document,
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB52.
CEQA Guidelines. California Natural Resources Agency Website. Electronic documents,
http:/ /resources.ca.gov/ceqa/ guidelines/.
City of Carlsbad. 2015. City of Carlsbad General Plan. Electronic document,
http://www.carlsbadca.gov/ civicax/filebank/blobdload.aspx?BlobID=2406 l . Accessed
January 31, 2018.
City of Carlsbad. 2017. Carlsbad Tribal, Cultural, and Paleontological Resources Guidelines.
Prepared by ECORP Consulting, Inc. with contributions from Cogstone Resource
Management. http://www.carlsbadca.gov/civicax/filebank/blobdload.aspx?BloblD=34010
Accessed July 20, 2018.
NETR 2018 Historic Aerial Imagery Website by the Nationwide Environmental Title Search,
LLC., Search title "Carlsbad, California". Website@
https://www.historicaerials.com/viewer Accessed February 14, 2018.
DUDEI< 27 September 2018
Mr. Brett Farrow
Subject: Cultural Resource Constraints Analysis for the 570/580 Laguna Drive Project, City of
Carlsbad, CA
DUDEK .
FIGURE 1
Project Location
Figure 1. 570/580 Laguna Drive Project Regional Vicinity and APE location.
DUDEK 28 September 2018
Mr. Brett Farrow
Subject: Cultural Resource Constraints Analysis for the 570/580 Laguna Drive Project, City of
Carlsbad, CA
INTENTIONALLY LEFT BLANK
DUDEI< 29 September 2018