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City of San Leandro 14143-14273 Washington Avenue Warehouse Project 52 participate in the evaluation of the resource. If the qualified archaeologist and/or Native American representative determines it to be appropriate, archaeological testing for CRHR eligibility shall be completed. If the resource proves to be eligible for the CRHR and impacts to the resource cannot be avoided via project redesign, a qualified archaeologist shall prepare a data recovery plan tailored to the physical nature and characteristics of the resource, per the requirements of CCR Guidelines Section 15126.4(b)(3)(C). The data recovery plan shall identify data recovery excavation methods, measurable objectives, and data thresholds to reduce any significant impacts to cultural resources related to the resource. Pursuant to the data recovery plan, the qualified archaeologist and Native American representative, as appropriate, shall recover and document the scientifically consequential information that justifies the resource’s significance. The City shall review and approve the treatment plan and archaeological testing as appropriate, and the resulting documentation shall be submitted to the regional repository of the CHRIS, per CCR Guidelines Section 15126.4(b)(3)(C). Mitigation Measure CR-1 includes procedures for the appropriate handling of unanticipated discoveries of cultural resources. Implementation of Mitigation Measure CR-1 would reduce potential impacts to archeological resources to a less-than-significant level. LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED c. Would the project disturb any human remains, including those interred outside of dedicated cemeteries? The cultural resources records search did not identify cemeteries or archaeological resources containing human remains within the project site (Appendix E). However, the discovery of human remains is always a possibility during ground disturbing activities, as would be required for development within the site. Human burials outside of dedicated cemeteries often occur in prehistoric archaeological contexts. In addition to being potential archaeological resources, human burials have specific provisions for treatment in California Public Resources Code Section 5097. Additionally, the California Health and Safety Code (Sections 7050.5, 7051, and 7054) has specific provisions for the protection of human burial remains. Existing regulations address the illegality of interfering with human burial remains, and protects them from disturbance, vandalism, or destruction. Public Resources Code Section 5097.98 also addresses the disposition of Native American burials, protects such remains, and establishes the NAHC as the entity to resolve any related disputes. If human remains are found, the State of California Health and Safety Code Section 7050.5 states that no further disturbance may occur until the County coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. In the event of an unanticipated discovery of human remains, the County coroner must be notified immediately. If the human remains are determined to be prehistoric, the coroner will notify the NAHC, which will determine and notify a most likely descendant (MLD). The MLD must complete the inspection of the site within 48 hours of notification and may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. Compliance with Public Resources Code Section 5097.98 and State of California Health and Safety Code Section 7050.5 would ensure that impacts to human remains are less than significant. LESS-THAN-SIGNIFICANT IMPACT