The California Attorney General's Office and the San Pasqual Band of Mission Indians are suing the city of Poway for allegedly allowing a housing development project to proceed on a site where ancestral human remains and other tribal cultural items were discovered.
A pair of lawsuits filed this week allege Poway has violated the California Environmental Quality Act (CEQA) by not conducting a new environmental review of the Hidden Valley Ranch project site following multiple discoveries of bones and other tribal resources.
The attorney general's lawsuit says the city certified an environmental impact report (EIR) for the project in 2003, but failed to adopt mitigation measures to account for the possibility that cultural items might be found on-site.
Between the EIR's certification and the city's authorization to begin construction, more than 8,000 tribal cultural resources have been found at the site, such as tools and pottery fragments, according to the AG's lawsuit, which said, "The public was never notified of the significance of those findings, which greatly exceeded the findings that were anticipated in 2003."
Last October, human remains were discovered at the project site, which are believed to be a child's cremated bones. Then last month, two separate discoveries of ancestral remains were found.
The attorney general alleges the city did not conduct further CEQA review "despite the repeated and extraordinary discoveries on the site."
Steve Cope, chairman of the San Pasqual Band of Mission Indians, said the lawsuits "do not seek to stop the project, but to ensure full consideration and redress of its adverse impacts, including on our heritage, ancestors, funerary items, environmental integrity, and culturally and religiously important resources throughout the area. As we pursue these aims, San Pasqual is committed to fulfilling our sacred duties to our ancestors and to finding a fair and reasonable resolution for all parties."
In a statement, the city of Poway said it had been in communication with the Attorney General's Office over the past few months regarding the situation, but was "blindsided" by the announcement of the lawsuits.
"Until very recently, and with no opportunity to understand or potentially cure any violations of CEQA, the city received no indication that a CEQA violation was being pursued," its statement read.
The city said that since the EIR's approval in 2003, all state laws have been followed, including notification of tribal representatives.
Since construction began last year, a tribal monitor has been present at the site on a daily basis, the city said.
The city also said it cannot halt work on the site because the developer, Shea Homes, is in full compliance with all city approvals.
"The city of Poway takes this issue seriously and is confident it has complied with all applicable laws within its purview, including CEQA. The city remains, as it has throughout this process, willing and open to work with all stakeholders," according to its statement.
California Attorney General Rob Bonta defended the lawsuit.
"Project development, environmental compliance, and appropriate community consultation should go hand-in-hand," Bonta said in a statement. "The discovery of an apparent burial site that served as a final resting place for some of California's first inhabitants warrants appropriate caution and respect. This lawsuit, due to the ancestral remains and important tribal cultural resources on site, calls on the city of Poway to adhere to the rule of law and ensure that California's development does not come at the expense of tribal communities."
