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EXHIBIT 5 DBA No. 2018-01 January 14, 2019 Page 6 California Environmental Quality Act (CEQA) Analysis Pursuant to the requirements of the California Environmental Quality Act (CEQA), an Environmental Impact Report (EIR) was prepared and certified in 2010 in order to address the potential environmental impacts associated with the Transit Zoning Code. However, development of the Legacy Square project would have potential environmental impacts to an eligible but unlisted historical resource (Sanctuary and Anderson Court Complex, 1964-1966, and the Educational Building, 1928-1929) which was not addressed in the 2010 EIR. Therefore, an Initial Study and Mitigated Negative Declaration (IS/MND) has been prepared pursuant to the requirements of CEQA and has been attached to this report as Exhibit 11. The project was found to have a less than significant impact on the following environmental categories when proposed mitigation measures are implemented: • Aesthetics • Noise • Biological Resources • Public Services • Cultural Resources • Tribal Cultural Resources • Hazards and Hazardous Materials The IS/MND's analysis determined that the above-mentioned environmental categories would cause no substantial adverse change to the environment with the inclusion of environmental commitments, or other enforceable measures, that would be adopted by the City. All mitigation measures in the original EIR and associated Mitigation Monitoring and Reporting Program (MMRP) have been enforced and are carried over within the IS/MND, with exception of Tribal Cultural Resources and Cultural Resources which required new mitigation measures. Tribal Cultural Resources Assembly Bill 52 (AB 52) requires meaningful consultation with California Native American Tribes on potential impacts on tribal cultural resources (TCRs), as defined in Public Resources Code Section 21074. TCRs are sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are either eligible or listed in the California Register of Historical Resources or local register of historical resources. In order minimize impacts on potential TCRs, the IS/MND outlined mitigation measure TCR -1 requiring consultation of a qualified archaeologist and the local Native American representative, if unanticipated discoveries are made during construction activities. With implementation of mitigation measure TCR -1, potential project impacts on TCRs would be less than significant. Guttural Resources The City has determined the Educational Building to be a "historical resource" for CEQA-compliance purposes and determined that it requires proper mitigation of potential impacts from the proposed demolition. In addition, because the Sanctuary and Anderson Court Complex has also reached the commonly recognized 50 -year age threshold for potential "historical resources," and the two buildings are integral parts of the same religious establishment, the IS/MND recommends that the Sanctuary and Anderson Complex should also be considered a component of the "historical resource." 75A-84