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City of San Leandro <br />Housing Element Update (2015-2023) Project <br />Initial Studv and Environmental Checklist <br />area. While implementation of the Housing Element would result in future housing development which could <br />result in the potential to uncover and/or disturb unrecorded archaeological resources, the goals, policies, and <br />actions included in the Historic Preservation and Community Design element, along with compliance with <br />federal and State laws, would reduce potential impacts to archaeological deposits to a less -than -significant level. <br />c) Would the project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? <br />Similar to the discussion on archeological resources in Section V.b above, geological formations underlying <br />San Leandro have the potential for containing paleontological resources (i.e. fossils). It is possible that <br />ground -disturbing construction associated with potential future development under the proposed Project <br />could reach significant depths below the ground surface. Should this occur, damage to, or destruction of, <br />paleontological resources could result, which would prevent the realization of their scientific data potential <br />through documentation and analysis. <br />However, as described above in Section V.a, compliance with federal and State laws would reduce potential <br />impacts to paleontological deposits to a less -than -significant level. <br />d) Mould the priect disturb any human remains, including those interred outside of formal cemeteries? <br />Human remains associated with pre -contact archaeological deposits could exist in the Study Area, and could <br />be encountered at the time potential future development occurs. The associated ground -disturbing activities, <br />such as site grading and trenching for utilities, have the potential to disturb human remains interred outside of <br />formal cemeteries. Descendant communities may ascribe religious or cultural significance to such remains and <br />may view their disturbance as an unmitigable impact. Disturbance of unknown human remains would be a <br />significant impact. <br />However, any human remains encountered during ground -disturbing activities are required to be treated in <br />accordance with California Health and Safety Code Section 7050.5, Public Resources Code Section 5097.98 <br />and the California Code of Regulations Section 15064.5(e), which state the mandated procedures of conduct <br />following the discovery of human remains. <br />According to State regulations, if human remains are encountered at the site, all work in the immediate vicini- <br />ty of the discovery shall cease and necessary steps to ensure the integrity of the immediate area shall be taken. <br />The Alameda County Coroner shall be notified immediately. The Coroner shall then determine whether the <br />remains are Native American. If the Coroner determines the remains are Native American, the Coroner shall <br />notify the Native American Heritage Commission (NAHC) within 24 hours, who will, in turn, notify the per- <br />son the NAHC identifies as the Most Likely Descendant (MLD)22 of any human remains. Further actions <br />shall be determined, in part, by the desires of the MLD. The MLD has 48 hours to make recommendations <br />regarding the disposition of the remains following notification from the NAHC of the discovery. If the MLD <br />does not make recommendations within 48 hours, the owner shall, with appropriate dignity, reinter the re- <br />mains in an area of the property secure from further disturbance. Alternatively, if the owner does not accept <br />the MLD's recommendations, the owner or the descendent may request mediation by the NAHC. Through <br />mandatory regulatory procedures described above impacts to human remains would be less than significant. <br />22 "Native American Most Likely Descendant' is a term used in an official capacity in CEQA Guidelines Section 15064.5(e), and <br />other places, to refer to Native American individuals assigned the responsibility/ opportunity by NAHC to review and make recom- <br />mendations for the treatment of Native American human remains discovered during project implementation. Section 5097.98 of the <br />Public Resources Code and Section 7050.5 of the Health and Safety Code also reference Most Likely Descendants. <br />Page 125 <br />