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SAN LEANDRO SHORELINE DEVELOPMENT DRAFT EIR <br />CITY OF SAN LEANDRO <br />CULTURAL RESOURCES <br />■ The lead agency determines that the resource may be a historical resource as defined by the Public <br />Resources Code Sections 5020.1(j) or 5024.1 (CEQA Guidelines Section 15064.5) which means, in <br />part, that it may be eligible for the California Register. <br />In addition, Public Resources Code Section 21083.2 and Section 15126.4 of the CEQA Guidelines specify <br />lead agency responsibilities to determine whether a project may have a significant effect on <br />archaeological resources. If it can be demonstrated that a project will damage a unique archaeological <br />resource, the lead agency may require reasonable efforts for the resources to be preserved in place or left <br />in an undisturbed state. Preservation in place is the preferred approach to mitigation. The Public <br />Resources Code also details required mitigation if unique archaeological resources are not preserved in <br />place. <br />Section 15064.5 of the CEQA Guidelines specifies procedures to be used in the event of an unexpected <br />discovery of Native American human remains on non-federal land. These provisions not only protect such <br />remains from disturbance, vandalism, and inadvertent destruction but also establish procedures to be <br />implemented if Native American skeletal remains are discovered during construction of a project. Such <br />discoveries would establish the Native American Heritage Commission (NAHC) as the authority to identify <br />the most likely descendant and mediate any disputes regarding disposition of such remains. <br />California Register of Historic Resources (California Register) <br />The California Register establishes a list of properties to be protected from substantial adverse change <br />(Public Resources Code Section 5024.1). The State Office of Historic Preservation (OHP) has determined <br />that buildings, structures, and objects 45 years or older may be of historical value. A historical resource <br />may be listed in the California Register if it meets any of the following criteria: <br />■ It is associated with events that have made a significant contribution to the broad patterns of <br />California's history and cultural heritage. <br />■ It is associated with the lives of persons important in California's past. <br />■ It embodies the distinctive characteristics of a type, period, region, or method of construction, or <br />represents the work of an important creative individual, or possesses high artistic value. <br />■ It has yielded or is likely to yield information important in prehistory or history. <br />The California Register includes properties that are listed or have been formally determined eligible for <br />listing in the National Register, State Historical Landmarks, and eligible Points of Historical Interest. Other <br />resources that may be eligible for the California Register, which require nomination and approval for listing <br />by the State Historic Resources Commission, include resources contributing to the significance of a local <br />historic district, individual historic resources, historical resources identified in historic surveys conducted <br />in accordance with OHP procedures, historic resources or districts designated under a local ordinance <br />consistent with the procedures of the State Historic Resources Commission, and local landmarks or <br />historic properties designated under local ordinance. <br />4.4-2 DECEMBER 2014 <br />