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City of Pleasanton 2023-2031 (6th Cycle) Housing Element Update CEQA Findings of Fact and Statement of Overriding Considerations FirstCarbon Solutions 21 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2148/21480022/FOF/21480022 Pleasanton Housing Element FOF.docx unlikely event human remains are discovered, Public Resources Code Section 5097 identifies specific stop-work and notification procedures to follow when Native American human remains are inadvertently discovered during excavation and construction activities. In addition, in the event of the accidental discovery or recognition of any human remains, State CEQA Guidelines Section 15064.5(d)—Effects on Human Remains, Health and Safety Code Section 7050.5, and Public Resources Code Sections 5097.94 and Section 5097.98 must be followed. These requirements apply to all construction projects within the potential sites for rezoning (Draft Program EIR, Page 3.4-22– 23). Potential Effect Impact CUL-4: Development consistent with the Housing Element Update, rezonings, and General Plan and Specific Plan Amendments would not cause a substantial adverse change in the significance of a Tribal Cultural Resource 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). (Draft Program EIR, Page 3.4-23). Findings: Less than significant impact. Facts in Support of Findings: On February 25, 2022, a letter was sent to the NAHC to determine whether any sacred sites are listed on its Sacred Lands File for the potential sites for housing. A response was received on April 6, 2022, indicating the search returned negative results for Tribal Cultural Resources (TCRs) within the potential sites for housing. It is always possible that subsurface excavation activities may encounter previously undiscovered TCRs. Future development consistent with the Housing Element Update could affect known or previously unidentified TCRs. In addition, the potential for additional undiscovered eligible TCRs to be present within the potential sites for housing exists but varies by location. The General Plan includes policies and programs intended to conserve and reduce impacts to TCRs. For example, Program 5.5 of the Open Space and Conservation Element encourages the use of educational workshop, exhibits, and teaching materials that celebrate the city’s history, ancestral heritage, and Native American contributions and encourages participation by Native American groups in developing such programs. The General Plan and Municipal Code also include policies and programs intended to conserve and reduce impacts to archaeological resources, which can include TCRs, as described in Impact CUL-1 (Draft Program EIR, Page 3.4-23–24). Potential Effect Impact CUL-5: Development consistent with the Housing Element Update, rezonings, and General Plan and Specific Plan Amendments would not cause a substantial adverse change in significance of a Tribal Cultural Resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. (Draft Program EIR, Page 3.4-24). Findings: Less than significant impact.