SAN RAFAEL GENERAL PLAN 2040 & DOWNTOWN PRECISE PLAN DRAFT EIR CITY OF SAN RAFAEL CULTURAL AND TRIBAL CULTURAL RESOURCES 4.5 CULTURAL AND TRIBAL CULTURAL RESOURCES This chapter describes existing cultural and tribal cultural resources (TCRs) within the Environmental Impact Report (EIR) Study Area and evaluates the potential environmental consequences of future development that could occur by adopting and implementing the proposed project. A summary of the relevant regulatory framework and existing conditions is followed by a discussion of the proposed project and cumulative impacts. This chapter is based on the following documents, which can be found in Appendix F, Cultural Resources Data, of this Draft EIR: . Cultural Resources Report, Tom Origer & Associates, January 2020 . Downtown San Rafael Precise Plan Historic Resources Inventory Summary Report, City of San Rafael, December 2020. 4.5.1 ENVIRONMENTAL SETTING REGULATORY FRAMEWORK Federal Regulations National Historic Preservation Act The National Historic Preservation Act (NHPA) of 1966 established the National Register of Historic Places (National Register) as the official designation of historical resources, including districts, sites, buildings, structures, and objects. Sites less than 50 years in age, unless of exceptional importance, are not eligible for the National Register. Listing in the National Register does not entail specific protection for a property, but project effects on properties listed or eligible for listing in the National Register must be evaluated under the California Environmental Quality Act (CEQA). For a property to be eligible. for listing in the National Register, it must be significant and possess integrity. According to the National Register criteria for evaluation,1 a property is significant in American history, architecture, archaeology, engineering, or culture if it is: A. associated with events that made a significant contribution to the broad patterns of our history; or B. associated with the lives of significant persons in our past; or C. embodies the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or D. has yielded or may be likely to yield, information important in history or prehistory. 1 Code of Federal Regulations, 36 CFR Part 60.4. PLACEWORKS 4.5-1 SAN RAFAEL GENERAL PLAN 2040 & DOWNTOWN PRECISE PLAN DRAFT EIR CITY OF SAN RAFAEL CULTURAL AND TRIBAL CULTURAL RESOURCES Secretary of the Interior's Standards for the Treatment of Historic Properties The Secretary of the Interior's Standards for the Treatment of Historic Properties (Secretary's Standards) promote responsible practices that help protect the nation's irreplaceable cultural resources. The Secretary of the Interior’s Standards are neither technical nor prescriptive, and cannot, in and of themselves, be used to make essential decisions about which features of the historic building should be saved and which can be changed. But once a treatment is selected, the Secretary of the Interior’s Standards provide for philosophical consistency in the work. An individual set of Secretary of the Interior’s Standards has been formulated for each of four identified treatment approaches: Preservation, Rehabilitation, Restoration, and Reconstruction. The four approaches are defined below: . Preservation requires retention of the greatest amount of historic fabric, along with the building's historic form, features, and detailing as they have evolved over time. Rehabilitation acknowledges the need to alter or add to a historic building to meet continuing or new uses while retaining the building's historic character. Restoration allows for the depiction of a building at a particular time in its history by preserving materials from the period of significance and removing materials from other periods. Reconstruction establishes a limited framework for re-creating a vanished or non-surviving building with new materials, primarily for interpretive purposes. The Secretary’s Standards for Rehabilitation—Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (1995)—specifically address and encourage alterations or additions to a historic resource to allow new uses while retaining the resource's historic character and are particularly applicable in the Downtown Precise Plan Area. The Secretary of the Interior’s Standards for Rehabilitation include the following: 1. A property will be used as it was historically or be given new use that requires minimal changes to its distinctive materials, features, spaces and spatial relationships. 2. The historic character of a property will be retained and preserved. The removal of distinctive materials or alterations of features, spaces and spatial relationships that characterize a property will be avoided. 3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. 4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. 5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. 6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence. 4.5-2 JANUARY 2021 SAN RAFAEL GENERAL PLAN 2040 & DOWNTOWN PRECISE PLAN DRAFT EIR CITY OF SAN RAFAEL CULTURAL AND TRIBAL CULTURAL RESOURCES 7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. 8. Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. 9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. 10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. Secretary of the Interior's Standards for Architectural and Engineering Documentation The Secretary of the Interior’s Standards for Architectural and Engineering Documentation pertain to the development of documentation for historic buildings, sites, structures and objects. This documentation, which usually consists of measured drawings, photographs and written data, is intended to provide important information on a property's historic significance for use by researchers, preservationists, architects and others interested in preserving and understanding historic properties. Such documentation permits accurate repair or reconstruction of parts of a property, or may record and preserve information about a property that is to be demolished. These Standards are intended for use in developing documentation to be included in the Historic American Building Survey (HABS) and the Historic American Engineering Record (HAER) Collections in the Library of Congress. The requirements for content, quality, materials and presentation may also be applied to documentation for other purposes such as State or local archives. Secretary of the Interior's Professional Qualifications Standards The Secretary of the Interior's Professional Qualifications Standards define minimum education and experience required to perform historic resources identification, evaluation, registration, and treatment activities.2 Paleontological Resource Protection Paleontological resources are classified as nonrenewable scientific resources and are protected by federal and state statutes, most notably the 1906 federal Antiquities Act. Professional standards for assessment and mitigation of adverse impacts on paleontological resources have been established by the Society for Vertebrate Paleontology. 2 Code of Federal Regulations, 36 CFR Part 61. PLACEWORKS 4.5-3 SAN RAFAEL GENERAL PLAN 2040 & DOWNTOWN PRECISE PLAN DRAFT EIR CITY OF SAN RAFAEL CULTURAL AND TRIBAL CULTURAL RESOURCES American Indian Religious Freedom Act The American Indian Religious Freedom Act establishes, as national policy, that traditional Native American practices; beliefs; sites, including the right of access; and the use of sacred objects shall be protected and preserved. It does not include provisions for compliance. Native American Graves Protection and Repatriation Act The Native American Graves Protection and Repatriation Act of 1990 protects Native American remains, including Native American graves on federal and tribal lands, and recognizes tribal authority over the