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HomeMy WebLinkAboutCT 2018-0002; AVIARA APARTMENTS; Cultural Resources Monitoring Report; 2023-10-06 HELIX Environmental Planning, Inc. 7578 El Cajon Boulevard La Mesa, CA 91942 619.462.1515 tel 619.462.0552 fax www.helixepi.com October 6, 2023 02153.00001.001 Mr. Chris Schoeneck Wermers Properties 5120 Shoreham Place, #150 San Diego, CA 92122 Subject: Cultural Resources Monitoring Report for the Aviara Apartments Project Dear Mr. Schoeneck: HELIX Environmental Planning, Inc. (HELIX) was contracted to conduct a cultural resources monitoring program for the Aviara Apartments Project (project) located in the City of Carlsbad, San Diego County, California. Cultural resources monitoring for the project was conducted by HELIX archaeologists and Luiseño Native American monitors from Saving Sacred Sites intermittently between January 2023 and May 2023. One possible prehistoric pestle fragment was observed during monitoring activities. The mitigation measures related to cultural resources have been fulfilled, and no further cultural resources efforts are recommended for this project. PROJECT LOCATION AND DESCRIPTION The project is located in the City of Carlsbad in northwestern San Diego County (Figure 1, Regional Location). The project site is east of Interstate 5 and south of Palomar Airport Road, within the southwest corner of the Agua Hedionda Land Grant of Township 12 South, Range 4 West, on the U.S. Geological Survey (USGS) 7.5-minute Encinitas quadrangle (Figure 2, USGS Topography). The project proposes to develop a multi-family apartment community on a 9.2-acre lot that is currently bisected by Aviara Parkway (Figure 3, Aerial Photograph). HELIX was tasked with monitoring the West Parcel, which is bordered on the east, south, and west sides by existing slopes. Elevations on the West Parcel range from approximately 82 feet to 144 feet above mean sea level. Development will include an approximately 477,000-square-foot residential structure with 259 dwelling units, including an incorporated parking structure. Grading on the West Parcel includes 736 cubic yards (CY) of cut, 42,178 CY of fill, with 44,312 CY of import. A grading permit was required for this portion of the development. MITIGATION MEASURES The City required the implementation of one mitigation measure (MM) with 11 specific instructions to reduce potentially significant impacts to cultural resources. The following mitigation measures, as listed Letter to Mr. Schoeneck Page 2 of 6 October 6, 2023 in the MMRP, explain the need for cultural resource sensitivity training and archaeological monitoring during the development of the project. The results of these mitigating activities are required to be reported upon and submitted to the California Historic Resources Information System (CHRIS) South Coastal Information Center (SCIC). Applicable Mitigation Measures from the City of Carlsbad MM CUL-1: Cultural Resources Monitoring and Recovery Program. Based on the potential for subsurface cultural resources, a cultural resources monitoring program, including the participation of Native American groups with interest in the project site, shall be implemented for initial grading and other ground-disturbing activities, including removal of pavement and structural foundations associated with the warehouse within the project site. The following measures are required for the project, consistent with the Tribal, Cultural, and Paleontological Guidelines (City of Carlsbad, 2017a: pp 75-77): a. Prior to the commencement of ground-disturbing activities, the project developer shall contract with a qualified professional archaeologist and shall enter into a Tribal Cultural Resource Treatment and Monitoring Agreement (also known as a pre-excavation agreement) with the San Luis Rey Band of Mission Indians, or another Traditionally and Culturally Affiliated Native American tribe (TCA Tribe) for monitoring during ground-disturbing activities. The agreement will contain provisions to address the proper treatment of any tribal cultural resources and/or Luiseño Native American human remains inadvertently discovered during the course of the project. The agreement will outline the roles and powers of the Luiseño Native American monitors and the archaeologist and shall include the provisions below. A copy of said archaeological contract and Tribal Monitoring agreement shall be provided to the City of Carlsbad prior to the issuance of a grading permit. b. A Luiseño Native American monitor shall be present during all ground-disturbing activities. Ground disturbing activities may include, but are not limited to, archaeological studies, geotechnical investigations, clearing, grubbing, trenching, excavation, preparation for utilities and other infrastructure, and grading activities. c. The landowner shall relinquish ownership of all cultural resources collected during ground disturbing activities and from any previous archaeological studies or excavations on the project site to the contracted TCA Tribe referenced in CR-1(a) for proper treatment and disposition per the Cultural Resources Treatment and Monitoring Agreement for reburial and treated in accordance with the TCA Tribe’s cultural and spiritual traditions within an appropriate protected location determined in consultation with the TCA Tribe and protected by open space or easement, etc., where the cultural items will not be disturbed in the future, and shall not be curated, unless ordered to do so by a federal agency or a court of competent jurisdiction. When tribal cultural resources are discovered during the project, if the archaeologist collects such resources, a Luiseño Native American monitor must be present during any testing or cataloging of those resources. d. All historical cultural resources uncovered by the archaeologist will be collected and treated following the guidelines and regulations set forth under 36 CFR 79, federal regulations for the collection of cultural materials. Letter to Mr. Schoeneck Page 3 of 6 October 6, 2023 e. The archaeologist and Luiseño Native American monitor shall be present at the project’s on-site pre-construction meeting to consult with grading and excavation contractors concerning excavation schedules and safety issues, as well as to consult with the principal archaeologist concerning the proposed archaeologist techniques and/or strategies for the project. f. Luiseño Native American monitors and archaeological monitors shall have joint authority to temporarily divert and/or halt construction activities within the immediate vicinity of a find. If archaeological artifact deposits, cultural features, or tribal cultural resources are discovered during construction, all earth-moving activity within 100 feet, or otherwise determined as appropriate and necessary by the archaeologist and Luiseño Native American monitor, around the immediate discovery area must be diverted until the Luiseño Native American monitor and the archaeologist can assess the nature and significance of the find. g. If a significant tribal cultural resource(s) and/or unique archaeological resource(s) are discovered during ground-disturbing activities for this project, the San Luis Rey Band of Mission Indians and the Rincon Band of Luiseño Indians shall be notified and consulted with by the city regarding the significance of the resources and the respectful and dignified treatment of those resources. All sacred sites, significant tribal cultural resources, and/or unique archaeological resources encountered within the project area shall be avoided and preserved as the preferred mitigation, if feasible. If, however, a data recovery plan is authorized by the city as the lead agency under CEQA, San Luis Rey Band of Mission Indians, Rincon Band of Luiseño Indians, and the contracted TCA Tribe referenced in CR-1(a) shall be notified and consulted regarding the drafting of any such recovery plan. The recovery plan shall be finalized with the TCA Tribe. For significant artifact deposits or cultural features that are part of a data recovery plan, an adequate artifact sample to address research avenues previously identified for sites in the area will be collected using professional archaeological collection methods. If the Qualified Archaeologist collects such resources, the Luiseno Native American monitor must be present during any testing or cataloging of those resources. Moreover, if the Qualified Archaeologist does not collect the cultural resources that are unearthed during the ground-disturbing activities, the Luiseno Native American monitor, may at their discretion, collect said resources and provide them to the contracted TCA Tribe referenced in CR-1(a) for respectful and dignified treatment in accordance with the Tribe’s cultural and spiritual traditions. h. If suspected Native American human remains are encountered, California Health and Safety Code Section 7050.5(b) states that no further disturbance shall occur until the San Diego County Medical Examiner has made the necessary findings as to origin. Further, pursuant to California 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 disposition has been made. Suspected Native American remains shall be examined in the field and kept in a secure location at the site. A Luiseño Native American monitor shall be present during the examination of the remains. If the San Diego County Medical Examiner determines the remains to be Native American, the NAHC must be contacted by the Medical Examiner within 24 hours. The NAHC must then immediately notify the “Most Likely Descendant” about the discovery. The Most Likely Descendant shall then make recommendations within 48 hours and engage in consultation concerning the treatment of remains as provided in Public Resources Code 5097.98. Letter to Mr. Schoeneck Page 4 of 6 October 6, 2023 i. In the event that fill material is imported into the project area, the fill shall be clean of tribal cultural resources and documented as such. Commercial sources of fill material are already permitted as appropriate and will be culturally sterile. If fill material is to be utilized and/or exported from areas within the project site, then that fill material shall be analyzed and confirmed by an archeologist and Luiseño Native American monitor that such fill material does not contain tribal cultural resources. j. No testing, invasive or non-invasive, shall be permitted on any recovered tribal cultural resources without the written permission of the contracted TCA Tribe referenced in CR-1(a). k. Prior to the release of the grading bond, a monitoring report and/or evaluation report, if appropriate, which describes the results, analysis, and conclusions of the monitoring program shall be submitted by the archaeologist, along with the Luiseño Native American monitor’s notes and comments, to the City of Carlsbad for approval. Said report shall be subject to confidentiality as an exception to the Public Records Act and will not be available for public distribution. PROJECT PERSONNEL HELIX Senior Archaeologist Mary Robbins-Wade, M.A., RPA, served as Principal Investigator (PI) for the monitoring program, and Catherine Wright, served as the Project Manager for cultural resources monitoring. HELIX archaeologists Jessica Garcia, Sarah Goldstein, Riley Jackson, John Kuraoka, Jacob Lerner, George McMorrow, Lanice Powless, Mary Villalobos and Michael Tapia and Luiseño Native American Monitors, Logovi’i Sialo’i, Gianni Ventura, and Shanee Ventura from Saving Sacred Sites participated in the monitoring program. This letter report was completed by Jessica Garcia. BACKGROUND RESEARCH Aviara Apartments is a component of the larger Laurel Tree Aviara Project, for which HELIX completed a cultural resources assessment for the project, including a records search, field survey, and report (Wilson et al. 2019). The assessment did not identify any archaeological resources within the project study area. However, the study noted that despite the absence of any known archaeological resources in the project area, buried archaeological resources could still be present. This is demonstrated by the presence of 39 prehistoric and one multi-component archaeological resources within a mile of the project area. For this reason, it was recommended that project-associated ground disturbance (e.g., grading, trenching, clearing/grubbing) be monitored by an archaeological monitor and Native American monitors (Wilson et al. 2019). MONITORING METHODS AND RESULTS Per the requirements of MM CUL-1, HELIX provided archaeological monitoring for the project. HELIX provided cultural resources sensitivity training for all construction personnel on February 21, 2023. The sensitivity training included a discussion regarding the types of archaeological resources that may be encountered during the project and an overview of the proper procedures to be enacted in the event of an inadvertent discovery of archaeological resources or human remains. Letter to Mr. Schoeneck Page 5 of 6 October 6, 2023 HELIX provided 39 days of archaeological monitoring (Attachment C, Monitoring Log) between January 26, 2023 and May 23, 2023, utilizing HELIX archaeologists and Luiseño Native American monitors from Saving Sacred Sites. Construction-related ground-disturbing activities consisted of potholing, mass grading, and trenching. The observed soils were primarily previously disturbed dark brown loam with some areas of a lighter yellowish-gray mottled clay. Equipment utilized consisted of excavators, scrapers, and a front loader. One possible prehistoric ground stone fragment, possibly a granitic pestle fragment, was identified on the ground surface on the eastern edge of the property and near the construction trailer. It is highly likely that the item was found in a secondary context due to imported soils; it was photographed, documented, and left where it was found. CONCLUSION AND RECOMMENDATIONS HELIX provided 39 days of monitoring for the Aviara Apartments Project. The cultural resources monitoring program was implemented from January 26, 2023 through May 23, 2023. One possible prehistoric pestle fragment was observed and noted during the monitoring efforts; however, the artifact was not collected. No adverse impacts to significant cultural resources occurred from the construction of the project. The monitoring program has been documented in this report, fulfilling the monitoring requirements for the project. No further cultural resources work is recommended. A copy of this letter report will be sent to the SCIC. If you have any questions regarding the monitoring program, please contact Mary Robbins-Wade at (619) 462-1515 extension 276, or via email at MaryRW@helixepi.com. Jessica Garcia Mary Robbins-Wade, RPA Staff Archaeologist Cultural Resources Group Manager Attachments: Figure 1: Project Location Figure 2: USGS Topography Figure 3: Aerial Photograph Attachment A: Log of Monitoring Days Attachment B: Representative Photographs Letter to Mr. Schoeneck Page 6 of 6 October 6, 2023 REFERENCES Wilson, Stacie, Kristina Davison and Doug Mengers 2019 Cultural Resources Assessment for the Proposed Laurel Tree Aviara Project, City of Carlsbad, County of San Diego, California. Report prepared for the City of Carlsbad by SummerHill Apartments Communities SummerHill Homes. 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Project Site ALPINELAJOLLA ?¹ FALLBROOK Figure 1 Regional Location I:\ P R O J E C T S \ S \ S u m m e r H i l l H o m e s _ 0 3 5 6 7 \ S H C - 0 1 _ L a u r e l T r e e A v i a r a \ M a p \ C u l t u r a l _ M R \ F i g 1 _ R e g i o n a l . m x d 0 2 1 5 3 . 0 0 0 0 1 . 0 0 1 9 / 2 7 / 2 0 2 3 - C L Source: Base Map Layers (SanGIS, 2016)K Aviara Apartments 0 8 Miles Copyright:© 2013 National Geographic Society, i-cubed Project Site Figure 2 USGS Topography I:\ P R O J E C T S \ S \ S u m m e r H i l l H o m e s _ 0 3 5 6 7 \ S H C - 0 1 _ L a u r e l T r e e A v i a r a \ M a p \ C u l t u r a l _ M R \ F i g 2 _ U S G S . m x d 0 2 1 5 3 . 0 0 0 0 1 . 0 0 1 9 / 2 7 / 2 0 2 3 - C L Source: Encinitas 7.5' Quad (USGS)K Aviara Apartments 0 2,000 Feet Project Site Av i a r a P k y Private Drwy To p m a s t D r P a l o m a r A i r p o r t R d Eb b T i d e S t Sweetbriar Cir Bowsprit Way Laurel Tree L n Flame Tree Ln P ri v a t e D rwy Palomar Airport Rd SANDAG; SanGIS; Nearmap Project Site Figure 3 Aerial Photograph I:\ P R O J E C T S \ S \ S u m m e r H i l l H o m e s _ 0 3 5 6 7 \ S H C - 0 1 _ L a u r e l T r e e A v i a r a \ M a p \ C u l t u r a l _ M R \ F i g 3 _ A e r i a l . m x d 0 2 1 5 3 . 0 0 0 0 1 . 0 0 1 9 / 2 7 / 2 0 2 3 - C L Source: Aerial Photo (SanGIS, 2023)K Aviara Apartments 0 200 Feet Attachment A: Log of Monitoring Days for the Aviara Apartments Project A-1 Date Archaeological Monitor Saving Sacred Sites Native American Monitor 1/26/23 Mary Villalobos Shanee Ventura 1/27/23 Lanice Powless Shanee Ventura 1/30/23 Lanice Powless Shanee Ventura 1/31/23 Lanice Powless Shanee Ventura 2/1/23 Lanice Powless n/a 2/6/23 Lanice Powless n/a 2/7/23 Lanice Powless n/a 2/8/23 Lanice Powless n/a 2/10/23 Lanice Powless Shanee Ventura 2/13/23 Lanice Powless n/a 2/14/23 Riley Jackson Gianni Ventura 2/15/23 Riley Jackson Gianni Ventura 2/16/23 Jacob Lerner Gianni Ventura 2/17/23 Jacob Lerner Gianni Ventura 2/21/23 Jessica Garcia Gianni Ventura 3/2/23 Mike Tapia Gianni Ventura 3/3/23 Mike Tapia Logovi'i Sialo'i 3/6/23 Mike Tapia Gianni Ventura 3/7/23 Mike Tapia Logovi'i (Vi'i) Sialo'i 3/8/23 Mike Tapia Vi'i Sialo'i 3/9/23 Mike Tapia Vi'i Sialo'i 3/10/23 Mike Tapia Vi'i Sialo'i 3/13/23 Mike Tapia n/a 3/20/23 Mike Tapia n/a 3/27/23 George McMorrow n/a 4/4/23 Mary Villalobos n/a 4/11/23 John Kuraoka n/a 4/12/23 John Kuraoka Gianni Ventura 4/13/23 John Kuraoka Gianni Ventura 4/14/23 John Kuraoka Gianni Ventura 5/15/23 Sarah Goldstein n/a 5/16/23 Sarah Goldstein Vi'i Sialo'i 5/17/23 Sarah Goldstein n/a 5/18/23 Sarah Goldstein n/a 5/19/23 Sarah Goldstein n/a 5/22/23 Sarah Goldstein n/a 5/23/23 Sarah Goldstein n/a 2/6/23 Lanice Powless Shanee Ventura 2/7/23 Lanice Powless Shanee Ventura G: \ P R O J E C T S \ W \ W e r m e r s G e n e r a l _ 0 2 1 5 3 \ 0 0 0 0 1 _ A v i a r a A p a r t m e n t s \ C U L \ R e p o r t s \ P h o t o l o g Representative Photographs A tt a c h m e n t B Aviara Apartments Photo 1: Removing foundation, view from the southwest. Photo taken January 26, 2023. Photo 2: Grading, view from the west. Photo taken March 3, 2023. G: \ P R O J E C T S \ W \ W e r m e r s G e n e r a l _ 0 2 1 5 3 \ 0 0 0 0 1 _ A v i a r a A p a r t m e n t s \ C U L \ R e p o r t s \ P h o t o l o g Representative Photographs A tt a c h m e n t B Aviara Apartments Photo 3: Possible pestle. Photo taken April 12, 2023. Photo 4: Grading complete, view from the west. Photo taken May 23, 2023.