Laserfiche WebLink
4.3 – Cultural and Tribal Cultural Resources <br />Draft Environmental Impact Report February 2021 <br />14800 W. Schulte Road Logistics Center 4.3-8 <br />CEQA Guidelines Section 15064.5(b)(2) <br />Pursuant to these sections, CEQA first evaluates whether a project site contains any “historical resources,” then <br />assesses whether that project will cause a substantial adverse change in the significance of a historical resource <br />such that the resource’s historical significance is materially impaired. When a project significantly affects a unique <br />archeological resources, CEQA imposes special mitigation requirements. Specifically, “[i]f it can be demonstrated <br />that a project will cause damage to a unique archeological resource, the lead agency may require reasonable efforts <br />to be made to permit any or all of these resources to be preserved in place or left in an undisturbed state. Examples <br />of that treatment, in no order of preference, may include, but are not limited to, any of the following: <br />1. Planning construction to avoid archeological sites. <br />2. Deeding archeological sites into permanent conservation easements. <br />3. Capping or covering archeological sites with a layer of soil before building on the sites. <br />4. Planning parks, greenspace, or other open space to incorporate archeological sites.” <br />California Health and Safety Code Section 7050.5 <br />California law protects Native American burials, skeletal remains, and associated grave goods, regardless of their <br />antiquity, and provides for the sensitive treatment and disposition of those remains. California Health and Safety <br />Code Section 7050.5 requires that if human remains are discovered in any place other than a dedicated cemetery, <br />no further disturbance or excavation of the site or nearby area reasonably suspected to contain human remains <br />can occur until the county coroner has examined the remains (California Health and Safety Code Section <br />7050.5[b]). PRC Section 5097.98 also outlines the process to be followed in the event that remains are discovered. <br />If the coroner determines or has reason to believe the remains are those of a Native American, the coroner must <br />contact the NAHC within 24 hours (California Health and Safety Code Section 7050.5[c]). The NAHC will notify the <br />“most likely descendant.” With the permission of the landowner, the most likely descendant may inspect the site of <br />discovery. The inspection must be completed within 48 hours of notification of the most likely descendant by the <br />NAHC. The most likely descendant may recommend means of treating or disposing of, with appropriate dignity, the <br />human remains, and items associated with Native Americans. <br />Local <br />San Joaquin County 2035 General Plan – Cultural and Historic Resources Element <br />Section 3.4 of San Joaquin County’s 2035 General Plan Policy Document, adopted in 2016, details the County’s <br />goals for the protection of valuable architectural, historical, archaeological, and cultural resources under Goal NCR- <br />6. The following goals for cultural resources may be applicable to Project (County of San Joaquin 2016): <br />Goal NCR-6 To protect San Joaquin County’s valuable architectural, historical, archeological, and cultural resources. <br />Policy NCR-6-1 Protect Historical and Cultural Resources: The County shall protect historical and <br />cultural resources and promote expanded cultural opportunities for residents to <br />enhance the region’s quality of life and economy. <br />Policy NCR-6-2 No Destruction of Resources: The County shall ensure that no significant <br />architectural, historical, archeological, or cultural resources are knowingly <br />destroyed through County action.