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3.0 ENVIRONMENTAL CHECKLIST <br />City of San Leandro 1388 Bancroft Avenue Project <br />November 2018 Initial Study/Mitigated Negative Declaration <br />3.0-71 <br /> <br />Potentially <br />Significant <br />Impact <br />Less Than <br />Significant <br />Impact with <br />Mitigation <br />Incorporated <br />Less Than <br />Significant <br />Impact <br />No <br />Impact <br />17. TRIBAL CULTURAL RESOURCES. Consultation with a California Native American tribe that has <br />requested such consultation may assist a lead agency in determining whether the project may adversely <br />affect tribal cultural resources, and if so, how such effects may be avoided or mitigated. Whether or not <br />consultation has been requested, would the project cause a substantial adverse change in a site, feature, <br />place, cultural landscape, sacred place, or object, with cultural value to a California Native American tribe, <br />which is any of the following: <br />a) Included or determined to be eligible for inclusion <br />in the California Register of Historical Resources? <br />b) Included in a local register of historical resources? <br />c) Determined by the lead agency, in its discretion <br />and supported by substantial evidence, to be a <br />tribal cultural resource, after applying the criteria <br />in Public Resources Code Section 5024.1(c), and <br />considering the significance of the resource to a <br />California Native American tribe? <br /> <br /> ENVIRONMENTAL SETTING <br />Assembly Bill 52 Native American Consultation <br />AB 52 requires the a lead agency (in this case, the City of San Leandro) to begin consultation with <br />any California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed project if (1) the California Native American tribe requested to <br />the lead agency, in writing, to be informed by the lead agency through formal notification of <br />proposed projects in the geographic area that is traditionally and culturally affiliated with the tribe, <br />and (2) the California Native American tribe responds, in writing, within 30 days of receipt of the formal notification and requests the consultation (Public Resources Code Section 21080.3.1[d]). <br />The City conducted Native American consultation pursuant to AB 52. The City sent a project <br />notification and invitation to begin AB 52 consultation on August 27, 2018. On September 18, 2018, the Native American Heritage Commission informed the City that seven tribes were to be notified. On September 27, 2018, the City notified the seven tribes of the project and invited them to <br />comment or consult with the City on the project. No comments or requests for consultation were <br />received. <br />CHECKLIST DISCUSSION <br />a–c) Less Than Significant Impact with Mitigation Incorporated. Because no tribal cultural <br />resources were identified in the project area, the City will require standard, late-discovery <br />mitigation measures. In the event that objects that may be considered tribal cultural resources are observed during project construction, mitigation measure MM TCR-1 will <br />reduce impacts to less than significant.