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City of San Leandro 311 MacArthur Boulevard Residential Project 86 Project-Specific Impacts a. Would the project cause a substantial adverse change in the significance of a tribal cultural resource as defined in Public Resources Code 21074 that is listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k)? b. Would the project cause a substantial adverse change in the significance of a tribal cultural resource as defined in Public Resources Code Section 21074 that is a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1? Assembly Bill (AB) 52 consultation is triggered by publication of a notice, which is not required for this Consistency Analysis. Therefore, AB 52 consultation is not required for this project; however, the City may decide to complete AB 52 consultation regardless. The City of San Leandro has determined to forgo AB 52 consultation consistent with Section 11(c) of the act. There is the possibility of encountering undisturbed subsurface tribal cultural resources. Grading the project site could potentially result in significant impacts on unanticipated tribal cultural resources. Compliance with 2035 General Plan Policy CD-1.12 and Action CD-1.12A (provided below) would ensure tribal cultural resources are protected in the event an unanticipated discovery during project construction. Policy CD-1.12: Archaeological Resources. Recognize the potential for paleontological, prehistoric, historic, archaeological, and tribal cultural resources and ensure that future development takes the measures necessary to identify and preserve such resources. Action CD-1.12.A: Archaeological Site Inventory. Maintain standard conditions of approval for new development which require consultation with a professional archaeologist in the event that any subsurface paleontological, prehistoric, archaeological, or tribal cultural resource remains are discovered during any construction or preconstruction activities on a development site. This includes consultation with Native American organizations prior to continued site work in the event such remains are discovered. LESS THAN SIGNIFICANT OR LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED Conclusion The project would not result in a substantial adverse change to any tribal cultural resources. Compliance with 2035 General Plan policies and actions would ensure that if any resources of Native American origin are discovered they would be properly evaluated and protected. The project would not have a significant impact on tribal cultural resources and there would be no significant off-site or cumulative tribal cultural resource impacts.