By Staff / CBS8 / April 21, 2026
The State of California and the San Pasqual Band of Mission Indians are suing the city of Poway for moving forward with a 40-home housing development after discovering human remains and tribal cultural resources at the site.
In two separate complaints, state prosecutors and tribal attorneys say the city plowed ahead without any additional environmental review, as required under the California Environmental Quality Act, after finding hundreds of pottery fragments, tools, arrowheads, and other historic artifacts, which the San Pasqual Band of Mission Indians says was likely a sacred site or possibly a village.
“The types and quantities of tools and stone fragments identified on the site reflected that ‘arrow points were being manufactured and rejuvenated on-site,'” reads the state’s lawsuit. “Some of the more unusual stones found on the site (including chert and chalcedony) ‘suggest that trade and/or contact with other groups was an important aspect of the lives of the prehistoric inhabitants.'”
According to both lawsuits, developer Shea Homes began construction in October 2025 using an environmental review more than 20 years old.
Bonta’s office says state law requires agencies to supplement or revise such reviews when new information or changed circumstances could result in significant environmental impacts.
“Project development, environmental compliance, and appropriate community consultation should go hand in hand,” Bonta said in a statement, adding that the discovery of a burial site warrants “appropriate caution and respect.”
Leaders of the San Pasqual Band said the lawsuit is intended to ensure the protection of ancestral lands and cultural resources, not to halt development entirely.
The tribe notified the city on April 17 of its intent to file a CEQA petition. The Kumeyaay Nation, which includes 12 federally recognized tribes in the region, has long identified the area as part of its ancestral homeland.
According to the lawsuits, ancestral remains were discovered on three separate occasions since construction began, including in October 2025 and twice in March 2026.
The lawsuits seek to compel the city to comply with CEQA, including reconsidering environmental impacts and implementing protections for tribal cultural resources.
In a statement, a city spokesperson said the lawsuits were unexpected and took the city by surprise.
“The City of Poway was blindsided by the media announcement of a pending lawsuit from the California State Attorney General’s office regarding a CEQA violation during construction at the Hidden Valley Ranch development.
As of this morning, April 21, the city had not been served with a lawsuit and was not aware of any specifics beyond what was covered in the media announcement.
The City of Poway has been in consistent communication with the Attorney General’s office over the past few months to determine the best course of action and is fully cooperating with all requests. 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.
T
he 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.”
Shea Homes also released the following statement to CBS 8:
“Shea Homes San Diego has fully complied with all applicable federal and state laws and regulations governing the protection of ancestral artifacts and human remains, as well as culturally significant environmental and biological resources. We take these obligations seriously and categorically reject any claims or statements to the contrary.
We have made repeated good-faith efforts to engage in dialogue with the consulting tribes to address their concerns directly, but our efforts have been ignored. We remain open to constructive conversations and will continue to meet our legal and cultural stewardship responsibilities.”
