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SAN LEANDRO SHORELINE DEVELOPMENT DRAFT EIR <br />CITY OF SAN LEANDRO <br />CULTURAL RESOURCES <br />California Historical Building Code, California Code of Regulations, Title 24, Part 8 <br />The California Historical Building Code, defined in Sections 18950 to 18962 of Division 13, Part 2.7 of <br />Health, and Safety Code, provides regulations and standards for the rehabilitation, preservation, <br />restoration (including related construction), or relocation of historical buildings, structures, and properties <br />deemed by any level of government as having importance to the history, architecture, or culture of an <br />area. <br />Health and Safety Code Sections 7052 and 7050.5 <br />Section 7052 of the Health and Safety Code states that the disturbance of Native American cemeteries is a <br />felony. Section 7050.5 requires that construction or excavation be stopped in the vicinity of discovered <br />human remains until the county coroner can determine whether the remains are those of a Native <br />American. If determined to be Native American, the coroner must contact the California NAHC. <br />California State Senate Bill 18 <br />Senate Bill (SB) 18, which went into effect January 1, 2005, set forth requirements for local governments <br />(cities and counties) to consult with Native American tribes to aid in the protection of traditional tribal <br />cultural places through local land use planning. The intent of SB 18 is to provide California Native <br />American tribes an opportunity to participate in local land use decisions at an early stage of planning for <br />the purpose of protecting or mitigating impacts to cultural places. The purpose of involving tribes at these <br />early planning stages is to allow consideration of cultural places in the context of broad local land use <br />policy prior to the making of individual site-specific, project -level land use designations by a local <br />government. Under SB 18, local governments are required to conduct consultation with California Native <br />American tribes when a General Plan Amendment occurs or if open space is being developed for the first <br />time. <br />Public Resources Code Section 5097 <br />Public Resources Code Section 5097 specifies the procedures to be followed in the event of the <br />unexpected discovery of human remains on non-federal public lands. The disposition of Native American <br />burials fall within the jurisdiction of the NAHC, which prohibits willfully damaging any historical, <br />archaeological, or vertebrate paleontological site or feature on public lands. <br />Local Regulations <br />City of San Leandro General Plan <br />The City of San Leandro General Plan was adopted in 2002 and contains a vision for San Leandro through <br />the year 2015 including policies and actions to help achieve that vision. The Historic Preservation and <br />Community Design Element contains goals and policies to preserve the city's legacy of historic resources, <br />enhance the aesthetic character of the city, and maintain features that make San Leandro unique. The San <br />PLACEWORKS 4.4-3 <br />