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d) A report of findings shall be prepared by the qualified biologist and submitted to <br />the City for review and approval prior to initiation of vegetation removal, <br />building demolition and other construction during the nesting season (March to <br />August). The report shall either confirm absence of any active nests or should <br />confirm that any young are located within a designated no-disturbance zone and <br />construction can proceed. No report of findings is required if vegetation <br />removal, building demolition, and other construction is initiated during the non- <br />nesting season (September to February) and continues uninterrupted according <br />to the above criteria. <br />D. Cultural Resources <br />1. Pursuant to Health and Safety Code Section 7050.5 and the CEQA Guidelines Section <br />15064.5( e) in the event that human remains are discovered during excavation and/or <br />grading of the site, all activity within a 50-foot radius of the find shall be stopped. The <br />Alameda County Coroner shall be notified immediately and make a determination as to <br />whether the remains are of Native American origin or whether an investigation into the <br />cause of death is required. If the remains are determined to be Native American, the <br />Coroner will notify the Native American Heritage Commission (NAHC) immediately. <br />Once the NAHC identifies the most likely descendants, the descendants will make <br />recommendations regarding proper burial, which will be implemented in accordance <br />with Section 15064.5(e) of the CEQA Guidelines. If the MLD does not make <br />recommendations within 48 hours, the owner shall, with appropriate dignity, reinter the <br />remains in an area of the property secure from further disturbance. Alternatively, if the <br />owner does not accept the MLD's recommendations, the owner or the descendent may <br />request mediation by the NAHC. <br />E. Tribal Cultural Resources <br />1. If any prehistoric or historic subsurface cultural resources are discovered during <br />ground-disturbing activities, all work within 50 feet of the resources shall be halted and <br />a qualified archaeologist shall be consulted to assess the significance of the find <br />according to CEQA Guidelines Section 15064.5. If any find is determined to be <br />significant, representatives from the City and a qualified archaeologist would meet to <br />determine the appropriate avoidance measures or other appropriate mitigation. All <br />significant cultural materials recovered shall be, as necessary and at the discretion of the <br />consulting archaeologist, subject to scientific analysis, professional museum curation, <br />and documentation according to current professional standards. In considering any <br />suggested mitigation proposed by the consulting archaeologist to mitigate impacts to <br />historical resources or unique archaeological resources, the City shall determine <br />whether avoidance is necessary and feasible in light of factors such as the nature of the <br />find, proposed Project design, costs, and other considerations. If avoidance is infeasible, <br />other appropriate measures (e.g., data recovery) would be instituted. Work may proceed <br />on other parts of the Project site while mitigation for historical resources or unique <br />archaeological resources is being carried out. <br />Agreement to Conditions August 3,2017 <br />PLN17-0003 Page 9 of 19 <br />354