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City of San Leandro <br />2824 Halcyon Drive Residential Project <br /> <br />106 <br />Regulatory Setting <br />City of San Leandro 2035 General Plan <br />Policy CD-1.12: Archaeological Resources <br />Recognize the potential for paleontological, prehistoric, historic, archaeological, and tribal <br />cultural resources and ensure that future development takes the measures necessary to identify <br />and preserve such resources. <br />Action CD-1.12.A: Archaeological Site Inventory <br />Maintain Standard Conditions of Approval for new development which require consultation <br />with a professional archaeologist in the event that any subsurface paleontological, <br />prehistoric, archaeological, or tribal cultural resource remains are discovered during any <br />construction or preconstruction activities on a development site. This includes consultation <br />with Native American organizations prior to continued site work in the event such remains <br />are discovered. <br />Action CD-1.12.B: AB 52 Compliance <br />Implement the provisions of AB 52 regarding tribal consultation. The City will provide <br />opportunities for meaningful input regarding the protection of tribal resources from Native <br />American representatives in the planning and development review processes. <br />Project-specific Impacts <br />On May 24, 2021, FSC prepared a Cultural Resources Due Diligence Assessment which included a <br />search of the NAHC Sacred Lands File (included as Appendix CRS). <br />a. Would the project cause a substantial adverse change in the significance of a tribal cultural <br />resource as defined in Public Resources Code Section 21074 that is listed or eligible for listing in <br />the California Register of Historical Resources, or in a local register of historical resources as <br />defined in Public Resources Code Section 5020.1(k)? <br />b. Would the project cause a substantial adverse change in the significance of a tribal cultural <br />resource as defined in Public Resources Code 21074 that is a resource determined by the lead <br />agency, in its discretion and supported by substantial evidence, to be significant pursuant to <br />criteria set forth in subdivision (c) of Public Resources Code Section 5024.1? <br />As part of FSC’s Cultural Resources Due Diligence Assessment, FSC requested a search of the NAHC <br />Sacred land files on March 29, 2021 and received a response from NAHC on April 7, 2021. The <br />results of the NAHC Sacred Lands File database were negative. FSC reached out to 11 tribes <br />provided by NAHC on April 9, 2021 to determine whether the tribes knew of any cultural resources <br />on or near the project site. No responses were received. <br />As discussed in Section 5, Cultural Resources, no cultural resources or human remains are expected <br />to be present on the site. However, there is the possibility of encountering undisturbed subsurface <br />tribal cultural resources. The proposed site preparation and grading of the project site could <br />potentially lead to an encounter of a tribal cultural resource. In the event that a tribal cultural <br />resource is uncovered during project construction, General Plan Policy CD-1.12, Action CD-1.12.A, <br />and Action CD-1.12.B would ensure that impacts related to tribal cultural resources encountered <br />during project implementation would be protected. With the inclusion of relevant General Plan <br />policies and actions, the project’s impacts on tribal cultural resources would be less than significant.