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Packet 05022022
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11A Public Hearings
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5/10/2022 4:06:05 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
5/2/2022
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PERM
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Ord 2022-005 PP Zoning Map Amendment Second Reading
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Path:
\City Clerk\City Council\Ordinances\2022
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Path:
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Environmental Checklist <br />Cultural Resources <br />Environmental Consistency Checklist Pursuant to CEQA Guidelines Section 15183 41 <br />for the CRHR and as such have the potential to be considered significant historic resources under <br />CEQA. The HRA was conducted to determine whether the existing structures on the project site <br />were historically significant. As recorded in the HRA, the existing structures are recommended <br />ineligible for listing in the NRHP, CRHR, or local designation under any eligibility criteria (Appendix <br />HRA). As such, the structures do not qualify as a historical resource and their demolition would not <br />result in a significant adverse impact. Impacts to historical resources would be less than significant. <br />b.Would the project cause a substantial adverse change in the significance of an archaeological <br />resource pursuant to §15064.5? <br />As described in the General Plan and General Plan EIR, archaeological deposits could be present in <br />San Leandro. At least ten archaeological sites have been identified in the City between San Leandro <br />Creek and San Lorenzo Creek as well as remaining traces of the first 100 years of European <br />settlement in San Leandro (City of San Leandro 2016a; City of San Leandro 2016b). Due to the <br />disturbed nature of the project site from prior development, discovery of archaeological resources is <br />unlikely. In the event that subsurface paleontological, prehistoric, archaeological, or tribal cultural <br />resource remains are discovered during construction or preconstruction activities, in accordance <br />with General Plan Action CD-1.12.A, the City would require consultation with a professional <br />archaeologist and consultation with Native American organizations prior to continued site work in <br />the event such remains are discovered. As archaeological resources would not be expected to be <br />found on the project site and the City would require adherence with the standard COA as stated in <br />General Plan Action CD-1.12.A, impacts to archaeological resources would be less than significant. <br />c.Would the project disturb any human remains, including those interred outside of formal <br />cemeteries? <br />As described in the General Plan EIR, human remains associated with pre-contact archaeological <br />deposits could exist with San Leandro and could potentially be encountered during ground- <br />disturbing activities associated with development (City of San Leandro 2016b). Human remains <br />encountered during ground-disturbing activities are required to be treated in accordance with <br />California Health and Safety Code Section 7050.5, Public Resources Code Section 5097.98 and the <br />California Code of Regulations Section 15064.5(e) (CEQA), which set forth the mandated procedures <br />of conduct following the discovery of human remains. According to CEQA Guidelines Section <br />15064.5(e), if human remains are encountered at the site, all work in the immediate vicinity of the <br />discovery must cease and necessary steps to ensure the integrity of the immediate area shall be <br />taken. The Alameda County Coroner must be notified immediately. The Coroner then determines <br />whether the remains are Native American. If the Coroner determines the remains are Native <br />American, the Coroner must notify the NAHC within 24 hours, who will, in turn, notify the person <br />the NAHC identifies as the Most Likely Descendent (MLD) of any human remains. Further actions <br />shall be determined, in part, by the desires of the MLD. The MLD has 48 hours to make <br />recommendations regarding the disposition of the remains following notification from the NAHC of <br />the discovery. If the MLD does not make recommendations within 48 hours, the owner must, with <br />appropriate dignity, reinter the remains in an area of the property secure from further disturbance. <br />Alternatively, if the owner does not accept the MLD’s recommendations, the owner or the <br />descendent may request mediation by the NAHC. Required compliance with these existing laws <br />would reduce impacts to less than significant levels.
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