RES 231363 - Laserfiche WebLink

AUGUSTIN BERNAL MOUNTAIN BIKE TRAIL PROJECT DRAFT INITIAL STUDY 12956 DUDEK 81 April 2022 Potentially Significant Impact Less Than Significant Impact With Mitigation Incorporated Less Than Significant Impact No Impact b) 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. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe? Setting The project is subject to compliance with Assembly Bill (AB) 52 (California Public Resources Code [PRC] Section 21074), which requires consideration of impacts to tribal cultural resources as part of the CEQA process and requires the CEQA lead agency to notify any groups (who have requested notification) who are traditionally or culturally affiliated with the geographic area of the project. AB 52 requires lead agencies to consult with California Native American Tribes that request such consultation prior to completing environmental review in accordance with CEQA. AB 52 provides for the inclusion of California tribes’ expertise regarding cultural resources and a process for governing bodies to incorporate tribal knowledge into the CEQA review process. Accordingly, the City sent notification letters to eight Native American tribes who are traditionally or culturally affiliated with the project area. None of the tribes have requested consultation and none have identified any concerns regarding the known or potential presence of tribal cultural resources in the project vicinity. Additionally, Dudek contacted the NAHC on February 19, 2021, to request a search of the Sacred Lands File. The NAHC responded on March 2, 2021, indicating that the search failed to identify any Native American resources in the vicinity of the project and provided a list of individuals and organizations to contact that may have additional information. Dudek has not followed up contacting these individuals and organizations. Impact Discussion a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: i) 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)?