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ATTY/RESO.0115/PC RESO APPROVING PROJECT WITH DRAFT CONDITIONS OF APPROVAL - 557 E. BAYSHORE ROAD
<br />REV: 12-21-2022 VR
<br />Page 25 of 26
<br />removal and curation of the resource. The data recovery plan shall be conducted prior to any additional
<br />earth-moving activities in the area of the resource. The recovery plan shall be submitted to the project
<br />applicant, the City Planning, Housing, and Economic Development Department, and the Northwest
<br />Information Center (NWIC). Once the recovery plan is reviewed and approved by the City Planning,
<br />Housing, and Economic Development Department and any appropriate resource recovery completed,
<br />project construction activity within the area of the find may resume. A data recovery plan shall not be
<br />required for resources that have been deemed by the NWIC as adequately recorded and recovered by
<br />studies already completed. [COA][PLANNING]
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<br />89. Cultural Resources - Consistent with the certified Redwood City General Plan EIR Mitigation
<br />Measure 4.5-3b: Prior to the issuance of grading permits, the project applicant is required to ensure all
<br />construction crews undergo a training session to inform them of the presence and nature of federal or
<br />state-eligible cultural resources and the potential for previously undiscovered human remains within the
<br />project area, of the laws protecting these resources and associated penalties, and of the procedures to
<br />follow should they discover cultural resources during project-related work. [COA][PLANNING]
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<br />90. Cultural Resources – Consistent with the certified Redwood City General Plan EIR Mitigation
<br />Measure 4.5-3a: If human remains are encountered during ground disturbing activities, the project
<br />contractor and/or on-site supervisor shall stop work within 50 feet of the discovery. The project contractor
<br />shall immediately notify the Coroner upon the discovery of any human remains. At the same time, a
<br />qualified archaeologist, in coordination with the City Planning, Housing, and Economic Development
<br />Department, shall assess the situation and consult with the appropriate agencies. If the human remains
<br />are of Native American origin, the Coroner shall notify the NAHC within 24 hours of this identification. The
<br />NAHC will identify a Most Likely Descendant (MLD) to inspect the site and provide recommendations for
<br />the proper treatment or disposition, with proper dignity, of the remains and any associated grave goods.
<br />Upon completion of the assessment, the qualified archaeologist shall prepare a report documenting the
<br />background to the finds, and provide recommendations for the treatment of the human remains and any
<br />associated cultural materials, as appropriate and in coordination with the recommendations of the MLD.
<br />The report shall be submitted to the project applicant, the City Planning Department, and the NWIC. Once
<br />the report is reviewed and approved by the City Planning Department, and any appropriate treatment
<br />completed, project construction activity within the area of the find may resume. If the MLD does not make
<br />recommendations within 48 hours, the project applicant(s) shall reinter the remains in an area of the
<br />property secure from further disturbance. If the project applicant(s) does not accept the MLD’s
<br />recommendations, the applicant(s) or the MLD may request mediation by the NAHC. [COA][PLANNING]
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<br />General Requirements
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<br />91. Indemnification – Per Redwood City Municipal Code Section 1.54, Applicant shall defend (with
<br />counsel approved by City), indemnify, and hold harmless the City, its agents, officers, and employees from
<br />and against any claim, action, or proceeding against the City or its agents, including without limitation
<br />any related application, permit, certification, condition, environmental determination, other approval,
<br />compliance or failure to comply with applicable laws and regulations, and/or processing methods
<br />(“Challenge”). If Applicant does not promptly defend any Challenge, City may (but is not obligated to)
<br />defend such Challenge as City, in its sole discretion, determines appropriate, all at applicant’s sole cost
<br />and expense. Applicant shall bear any and all losses, damages, injuries, liabilities, costs, and expenses
<br />(including, without limitation, staff time and in-house attorney's fees on a fully-loaded basis, attorney’s
<br />fees for outside legal counsel, expert witness fees, court costs, and other litigation expenses) arising out
<br />of or related to any Challenge (“Costs”), whether incurred by Developer, City, or awarded to any third
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