HomeMy WebLinkAbout2026-03-26; Tribal, Cultural, and Paleontological Resource Guidelines Update (Districts -All); Murphy, JeffTo the members of th e:
CITY COUNCIL
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March 26, 2026
Council Memorandum
To:
From:
Honorable Mayor Blackburn and Members of the City Council
Jeff Murphy, Deputy City Manager, Community Services
Via:
Mike Strong, Community Developmen\~1t~toj
Sheila Cobian, Assistant City Manager ~
{city of
Carlsbad
Memo ID# 2026012
Re: Tribal, Cultural, and Paleontological Resource Guidelines Update (Districts -All)
This memorandum provides information on the Community Development Department's efforts
to update the city's 2017 Tribal, Cultural, and Paleontological Resource Guidelines (2017
Guidelines). A draft of the updated 2017 Guidelines is being prepared for 30-day public review,
which is scheduled to begin in April 2026.
Background
State and federal legislation, including the California Environmental Quality Act (CEQA), require
that development projects assess and mitigate potential impacts on tribal, cultural, and
paleontological resources. To acknowledge the historic and cultural value of tribal cultural
resources within the city and to establish an improved framework for the city's consultations
with California Native American Tribes, the City Council adopted Council Policy Statement No. 83,
included as Attachment A, on February 23, 2016.
As directed in the policy, staff updated the existing Cultural Resource Guidelines to more clearly
define protocols for identifying, evaluating, and protecting cultural resources. Although
participation in the update process was offered to all tribes, the San Luis Rey Band of Mission
Indians was the sole respondent who worked with the city on the update. The 2017 Guidelines
were received by City Council on October 24, 2017, and it was recognized as an outstanding
environmental resource document by the California Association of Environmental Professionals
in 2018.
Discussion
The Planning Division is updating the 2017 Guidelines to keep the document up to date with
applicable codes and laws. As it relates specifically to tribal cultural resources, the city received
feedback in recent years from certain tribal partners that believe language within the
2017 Guidelines is not equitable to all tribes and does not meet the requirements of state law.
These disagreements have created challenges for maintaining consistency in project reviews and
when identifying and mitigating potential project or plan impacts.
The 2017 Guidelines update endeavors to further affirm the importance of traditional Indigenous
knowledge, to better incorporate that input into the development review/consultation process,
and to revisit any language of concern in order to foster positive government-to-government
Community Services Branch
Community Development Department
1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-5088 t
Council Memo -Tribal, Cultural, and Paleontological Resource Guidelines Update (Districts -All)
March 26, 2026
Page 2
relationships between the city and all tribal partners. Since cultural differences exist between
tribes, among professional groups and among community members, the city's outreach and
engagement strategy for this project involves two steps or phases.
As the Guidelines reflect procedures for the consultation relationship with interested tribes, it
was appropriate to first review a Discussion Draft with them ahead of the broader public review.
In August 2024, the city extended an offer to participate in a round of reviews of a Discussion
Draft to all tribes listed by the Native American Heritage Commission with historic association
with lands within the City of Carlsbad. This included 34 tribes. From this group, three tribes
expressed interest in providing comments: Jamul Indian Village, the San Luis Rey Band of Mission
Indians and the Rincon Band of Luisef\o Indians, the latter two of which then followed through
with providing comments in a series of reviews of the existing Guidelines and the newly created
Discussion Draft between December 2024 and January 2026.
With the first phase of the outreach and engagement strategy complete, the second phase of the
outreach schedule can begin. The second phase of outreach involves a more formal public review
period. A second draft of the Guidelines has been prepared based on tribal feedback received on
the Discussion Draft. The upcoming public review will now include all community members, such
as local residents, developers and builders, and other subject matter experts and professional
groups.
Next Steps
Notification of the public review period will be initiated via emails and public notices and will
include a designated website with information on the update effort and how to provide
feedback. The public review period will last for 30 days and staff will make revisions to the
document based on the comments submitted before moving forward with a series of public
hearings through the remainder of the calendar year. These public hearings will include the city's
Historic Preservation Commission, Planning Commission, and City Council, which will allow for
additional public comment and discussion.
The anticipated schedule of events and public hearings include the following:
• April 2026
• Summer/fall 2026
• Fall/winter 2026
• Early 2027
Citywide public review
Historic Preservation Commission
Planning Commission
City Council
After adoption, city staff will implement the updated Guidelines as part of the development
application and CEQA review process. The updated Guidelines will help streamline environmental
review by updating procedures and clarifying standards, adding more certainty and consistency
in the development review process.
Council Memo -Tribal, Cultural, and Paleontological Resource Guidelines Update (Districts -All)
March 26, 2026
Page 3
Attachment: A. Council Policy No. 83 -Tribal Cultural Resource Protection
cc: Geoff Patnoe, City Manager
Cindie McMahon, City Attorney
Dalton Sorich, Assistant City Attorney
Cynthia Vigeland, HPC and PC Secretary (for distribution to HPC and PC commissioners)
Eric Lardy, Assistant Community Development Director
Attachment A
83 ~ (!!') C I TY O F
• CARLSBAD
Policy No.
Date Issued:
Effective Date:
February 23, 2016
March 1, 2016
2016-042 Resolution No.
Cancellation Date: n/a
Supersedes No. n/a
Council Policy Statement
Category: TRIBAL CULTURAL RESOURCE PROTECTION
Specific Subject: Tribal Consultation and Treatment and Protection of Tribal Cultural
Resources
PURPOSE: It is the intent of the City Council that the City of Carlsbad recognize its responsibility to
protect with improved certainty the important historical and cultural values of current Tribal Cultural
Resources within the City limits and to establish an improved framework for the City's consultations
with Native American Tribes that are traditionally and culturally affiliated with the City of Carlsbad
including the San Luis Rey Band of Mission Indians.
BACKGROUND: The City of Carlsbad is proudly home to California Native American Tribes that have
been here for more than ten thousand years. The City is acknowledged by California Native American
Tribes, archaeologists, ethnographers, and anthropologists to be rich in Tribal Cultural Resources.
These Tribal Cultural Resources are significant for their traditional, cultural, spiritual and religious ties
to the California Native American people living today and the cultural significance these resources
have to the lives of California Native American Tribal people in the present.
Currently, in the design and construction of development projects on private property and projects on
City-owned properties, the City of Carlsbad Cultural Resources Guidelines and General Plan Policies 7-
P.7 through 7-P.11 are implemented. In addition, during the project review process City staff, as the
City's representative managing both projects on private and City-owned properties, must implement
their best professional judgment to attempt to avoid or substantially reduce impacts to Tribal Cultural
Resources, historical, archaeological and paleontological resources by developing mitigation measures
for appropriate treatment and protection of such resources. However, the City's Cultural Resource
Guidelines (1990) require updating to ensure consistency with State law and the City's General Plan
Policies, define a predictable and reliable means of approving projects, and ensure appropriate long
term protection of Tribal Cultural Resources. To meet these goals the City, within the areas of its
authority, will establish improved guidelines for Native American tribal consultation and the
protection ofTribal Cultural Resources in a way that is respectful to California Native American Tribes.
POLICY: To the extent allowed under the authority of the City, the City shall guide all development
projects on private property and projects on City-owned properties to be designed and constructed in
a manner to avoid or substantially reduce impacts to Tribal Cultural Resources, as they are defined by
State Law, and to establish and adopt preservation measures to maintain their permanence in
protection. To facilitate this Policy, the City shall consult with California Native American tribes that
are traditionally and culturally affiliated with the City, including San Luis Rey Band of Mission Indians,
early in the design process of development projects on City-owned properties and early in the permit
process of development projects on private property to avoid or substantially lessen potential adverse
impacts to Tribal Cultural Resources that may occur as a result of a proposed project. The City shall
Page 1
update its Cultural Resource Guidelines to incorporate State definitions of Tribal Cultural Resources,
require consultation in the detection, treatment and protection ofTribal Cultural Resources for all
Projects on City-owned lands and on private property to the full extent of the City's authority, ensure
a complete understanding by project proponents, including the City and Tribal Representatives, of
current and previous mitigation commitments for Tribal Cultural Resources, and provide improved
protocols for ensuring the permanence of preservation mitigation measures.
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