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101 11 12 13 14 C. The City Conducts CEQA Environmental Review for the Original Project 35. In a letter to Respondents dated June 12, 2018, Mr. Andrew Salas, Chairman of the Gabrieleho Band of Mission Indians — Kizh Nation (the "Mission Indians Letter"), requested a consultation regarding the Original Project pursuant to Senate Bill 18 (SB 18), Government Code Section 65352.3. The Mission Indians Letter states in pertinent part, that the Original Project "lies within our ancestral tribal territory, meaning descending from, a higher degree of kinship than traditional or cultural affiliation. Your project is located within a sensitive area and may cause a substantial adverse change in the significance of our tribal cultural resources ... to avoid adverse effects to our triable cultural resources, we would like to consult with you and your staff to provide you with a more complete understanding of the prehistoric use(s) of the project area and the potential risks for causing a substantial adverse change to the significance of our triable cultural resources." 36. Respondents conducted environmental review of the Original Project, and finding project could have a significant environmental impact on tribal cultural resources at 325 and 15 301 N. Tustin Avenue, Respondents adopted the MND and MMRP to safeguard those resources 16 during construction of the Revised Project. The Gabrielefio Mission Indians identified 301 & 325 17 N. Tustin Avenue as a sensitive location in light of their oral and written history, identified it as 18 such for Respondents, and informed' Respondents that "to avoid adverse effects to [their] tribal 19 cultural resources," through mandatory environmental review and a mitigation monitoring and 20 reporting program to avoid "the potential risks for causing a substantial adverse change to the 21 significance of [their] tribal cultural resources." 22 37. Respondents prepared an Initial Environmental Study in connection with the 23 Original Project. The Initial Study found "at least one impact that is either `Potentially Significant 24 Impact' or `Less Than Significant with Mitigation Incorporated" including Cultural Resources, 25 Hazards and Hazardous Materials, Tribal Cultural Resources and Mandatory Findings of 26 Significance. In August 2018, Respondents made a determination based on the Initial Study that 27 "the proposed project could have a significant effect on the environment, there will not be a 28 significant effect in this case because the mitigation measures described on an attached sheet have 12 PETITION FOR WRIT OF MANDATE