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Home My WebLink AboutExhibit 6EXHIBIT NO. 6 Correspondence received FS NATIVE AMERICAN HERITAGE COMMISSION 915 CAPITOL MALL, ROOM 864 SACRAMENTO, CA 95914 (916) 658-6251 Fax (916) 6575390 Web site x0e61.nehr- m.q4y e mall: da_nahaftaabeilmat Mr. James Campbell, Senior Planner CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92658 -8915 June 3, 2008 RECEIVED BY PLANNING DEPARWE 4T JUN 06 2098 CITY OF NEWPORT BEACH Re: SCFW20060510827 CEQA Notice of Completion: Mitigated Negative Declaration for the Construction of Residential Units: City of Newport Beach: Orange County California Dear Mr. Camplbelt The Native American Heritage Commission is the state agency designated to protect California's Native American Cultural Resources. The California Environmental Quality Act (CEQA) requires that any project that causes a substantial adverse change in the significance of an historical resource, that includes archaeological resources, is a'significant effect' requiring the preparation of an Environmental Impact Report (EIR) per the California Code of Regulations §15064.5(b)(c (CEQA guidelines). Section 15382 of the 2007 CEQA Guidelines defines a significant impact on the environment as 'a substantial, or potentially substantial, adverse change in any of physical conditions within an area affected by the proposed project, including ...objects of historic or aesthetic significance.' In order to Comply with this provision, the lead agency is required to assess whether the project will have an adverse impact on these resources within the'area of potential effect (APE)', and if so, to mitigate that effect To adequately assess the project- related impacts on historical resources, the Commission recommends the following action: 4 Contact the appropriate California Historic Resources Information Center (CHRIS) for possible'recorded sites' in locations where the development will or. might ,OCCU .. Contact information for the Information Center nearest you Is available from the State Office of Historic Preservation (916/653.7278)/ httD: //www.ohD.Darks.ca.gov. The record search will determine: • If a part or the entire APE has been previously surveyed for cultural resources. • If any known cultural resources have already been recorded in or adjacent to the APE. • if the probability is low, moderate, or high that cultural resources are located in the APE. • If a survey is required to determine whether previously unrecorded cultural resources are present 4 If an archaeological inventory survey is required, the final stage is the preparation of a professional report detailing the findings and recommendations of the records search and field survey. • The final report containing site forms, site significance, and mitigation measurers should be submitted immediately to the planning department All information regarding site locations, Native American human remains, and associated funerary objects shoud be in a separate confidential addendum, and not be made available for pubic disclosure. • The final written report should be submitted within 3 months after work has been completed to the appropriate regional archaeological Information Center. J Contact the Native American Heritage Commission (NAHC) for A Sacred Lands File (SLF) search of the project area and information on tribal Contacts in the project vicinity that may have additional cultural resource information. Please provide this office with the following citation format to assist with the Sacred Lands File search request USGS 7.5- minute quadrangle citation With name. township. range and section: . • The NAHC advises the use of Native American Monitors to ensure proper identification and care given cultural resources that may be discovered. The NAHC recommends that contact be made with Native American Contacts on the attached list to get their input on potential project impact (APE). In some cases, the existence of a Native American cultural resources may be known only to a local tribe(s). J Lack of surface evidence of archeological resources does not preclude their subsurface existence. Lead agencies should include in their mitigation plan provisions for the identification and evaluation of accidentally discovered archeological resources, per Califomia Environmental Quality Act (CEQA) §15064.5 (f). In areas of-identified archaeological sensitivity, a certified archaeologist and a culturally affiliated Native' American, with knowledge in cultural resources, should monitor all ground- dsturbing ac litMes. A cukuralty affiliated Native American tribe may be the only source of information about a Sawed SiteMlatve American cultural resource. • Lead agencies should include in their mitigation plan provisions for the disposition of recovered artifacts, in consultation with culturally affiliated Native Americans. J Lead agencies should include provisions for discovery of Native American human remains or unmarked cemeteries in their mitigation plans. CEQA Guidelines, Section 15064.5(d) requires the lead agency to work with the Native Americans identified by this Commission if the initial Study identities the presence or likely presence of Native American human remains within the APE. CEQA Guidelines provide for agreements with Native American, identified by the NAHC, to assure the appropriate and dignified treatment of Native American human remains and any associated grave liens. J Health and Safety Code §7050.5, Public Resources Code §5097.98 and Sec. §15064.5 (d) of the Cafifomie Code of Regulations (CEQA Guidelines) mandate procedures to be followed, including that construction or excavation be stopped in the event of an accidental discovery of any human remains in a location other than a dedicated cemetery unfil the county coroner or medical examiner can determine whether the remains are those of a Native American. . Note that §7052 of the Health & Safety Code states that disturbance of Native American cemeteries is a felony. Please feel free to contact me at (916) 653 -6251 if you have any questions. rely, a e an eton Program Analyst Attachment List of Native American Contacts Cc: State Clearinghouse Native American Contacts Orange County June 3, 2008 Ti'At Society Juaneno Band of Mission Indians Acjachemen Nation Cindi Alvitre Joyce Perry, Tribal Manager & Cultural Resources 6515 E. Seaside Walk, #C Gabrielino 31742 Via Belardes Juaneno Long Beach , CA 90803 San Juan Capistrano , CA 92675 calvitre@yahoo.com kaamalam @oox.net (714) 504 -2468 Cell (949) 493 -0959 (949) 293 -8522 Cell (949) 493 -1601 Fax Juaneno Band of Mission Indians Aciachemen Nation David Belardes, Chairperson 31742 Via Belardes Juaneno san Juan Capistrano , CA 92675 DavidBelardes@hotmail.com (949) 493 -0959 (949) 493 -1601 Fax Tongva Ancestral Territorial Tribal Nation John Tommy Rosas, Tribal Admin. Gabrielino Tongva tattnlaw@gmail.com 310 - 570 -6567 Juaneno Band of Mission Wans Aciachemen Nation Anthony Rivera, Chairman 31411 -A La Matanza Street Juaneno San Juan Capistrano , CA 92675 -2674 arivera @juaneno.com This list to cuffem only as of the data of this document. Juaneno Band of Mission Indians Alfred Cruz, Culural Resources Coordinator P.O. Box 25628 Juaneno Santa Ana , CA 92799 alfredgcruz@sbcglobal.net 714 - 998 -0721 sffredgcruz @sboglobal.net Juaneno Band of Mission Indians Adolph "Bud" Sepulveda, Chairperson P.O. Box 25828 Juaneno Santa Ana , CA 92799 bssepul@yahoo.net 714 - 838 -3270 714 -914 -1812 - CELL bsepul @yahoo.net Sonia Johnston, Tribal Vice Chairperson Juaneno Band of Mission Indians P.O. Box 25628 Juaneno Santa Ana , CA 92799 sonia.johnston @sbcglobal.net (714) 323 -8312 Distribution of this Ilet does not relieve any person of statutory responsibility as defined In Section 7060.5 of the Health and Safety Code, Section 5097.94 of the Public Resources Code and Section 5097.98 of the Public Resources Coda This list Is only applicable for contacting local Native Americans with regard to cultural resources for the propose SCH#2008051082; CEOA Notice of Completion; proposed Mitigated Negative Declaration for AERIE (PA2005 -198); Demolition and Construc0on of Apartment Complex; City of Newport Beech; orange County, California. FA f 1 Native American Contacts Orange County June 3, 2008 Juaneno Band of Mission Indians Anita Espinoza 1740 Concerto Drive Juaneno Anaheim , CA 92807 (714) 779 -8832 Juaneno Band of Mission Indians Joe Ocampo, Chairperson 1108 E. 4th Street Juaneno Santa Ana . CA 92701 (714) 547 -9676 (714) 623 -0709 -ce11 This list Is current only as of the dale of this document Distribution of this list does not relieve any person of statutory responsibility as defined In Section 7050.6 of the Health and Safety Code, Section 5097.94 of the Public Resources Code and Section 5097.98 of the Public Resources Code. This list Is only applicable for contacting local Native Americans with regard to cultural resources for the propose SCHM08051082; CEOA Notice of Completion; Proposed Mitigated Negative Declaration for AERIE (PA2005-196); Demolition and Construction of Apartment Complex; City of Newport Reach; Orange County, California. P, June 8, 2008 Planning Department 3300 Newport Bolevard P.O. Box 1768 Newport Beach, California 92658 -8915 Attention: Chairman Robert Hawkins Planning Commissioners Re: Application for Aerie Condominiums RECEIVED BY PLANNING DEPARTMENT JUN 112008 C'1' OF NEWPORT 8FACH It has come to our attention that the Planning Commission of the City of Newport Beach is once again reviewing the proposed Aerie Development on June 10h . Unfortunately we will be out of town at that time and unable to attend but would like to have our comments on record regarding this proposed project. From the beginning it seems that the majority of the City Planning Commissioners have embraced the proposed project despite the fact that it is violation of your own General Plan, Coastal Land Use Plan and Policies of the City of Newport Beach. The City has spent years, a great deal of time and effort and a lot of money putting together a General Plan with policies that state over and over that developers must "design and site new development to minimize alteration to significant natural landforms, including bluffs, they must be visually compatible with the surrounding area to the maximum extent feasible, must employ site design and construction techniques to minimize alteration of coastal bluffs to the maximum extent feasible and most importantly site new development on the flattest area of the site, except when an alternative location is more protective of coastal resources. The proposed Aerie development has failed in each of these categories and numerous others which you are certainly all aware of. This project and the proposed marina development included in this application will have a tremendous negative impact not only on the existing protected Coastal Bluff but also on the Harbor, its natural resources and the environment. It is our request that the City of Newport Beach Planning Commission deny this application as is or at least not proceed any further until a complete Environmental Impact Report is prepared for this project and the proposed marina. How this proposed project could have gotten this far so many times without and EIR is beyond comprehension. Recently another application was before the City for a single family residence on a Bluff abutting Begonia Park and it was suggested by one of the commissioners that an EIR would mostly like be in order — that for a single family residence and nothing for a 63,000+ square foot - 8 unit solid structure which would completely remove an entire Coastal Bluff. The inclusion of the proposed marina with this application also demands a EHL The plans indicate a docking system approximately 7 times larger at 3,500 feet than the existing dock at 500 feet. Please do not fail to follow the Policies and Guidelines established by the City of Newport Beach for ALL Coastal Building, require a complete EIR, and do not make such a massive exceptions for one individual if you are not prepared to make the same exceptions for all applicants and in that case why have the General Plan and the CLUP . Sincerely, L91'4� . �J John and Kathleen McIntosh cc: Newport Beach City Council California Coastal Commission �ia'� EXHIBIT NO. 7 Revised floor plans (separate roll of plans) �aA