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Home My WebLink About2026-03-18; Planning Commission; 03; Tribal Cultural Resource Protection and Consultation PresentationMeeting Date: March 18, 2026 3 To: Planning Commission Staff Contact: Robert Efird, Principal Planner, 442-339-5148, robert.efird@carlsbadca.gov Subject: Tribal Cultural Resource Protection and Consultation Presentation Location: Citywide Case Numbers: N/A Applicant/Representative: City of Carlsbad Community Development Department CEQA Determination: ☐Not a Project ☐ Exempt ☐ IS/ND or IS/MND ☐ EIR ☒Other: N/A Permit Type(s): ☐SDP ☐ CUP ☐ CDP ☐ TM/TPM ☐ GPA ☐ REZ ☐ LCPA ☒Other: N/A Commission Action: ☐Decision ☐ Recommendation to City Council ☒ Informational (No Action) Recommended Actions Receive a report and presentation on tribal cultural resource protection and consultation. Description Introduction The land within the City of Carlsbad’s boundaries has a rich history in terms of natural and man-made resources. The city has a long history of balancing preservation of these resources with public and private development and economic activity. 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. This creates a complex regulatory environment in which the city’s decision-makers must operate. The protection of tribal cultural resources, in particular, is complex in that it involves independent and sovereign tribal governments and the protection of their cultural heritage, past and present, as it is represented in certain activities, locations, plants and animals, landforms and artifacts. The city recently initiated an effort to update its existing Tribal, Cultural, Paleontological Resource Guidelines (see Exhibit 1) with the objective of keeping the document up to date. City staff expect to return to the Planning Commission later in 2026 with the proposed updates to those guidelines. The purpose of this agenda item is to provide the Planning Commission with a greater understanding of tribal cultural resources, related laws on resource protection and management, and the Planning Commission’s role in the development application/permitting process. At the March 18, 2026, Planning Commission meeting, city staff from the Planning Division and a tribal resource consultant will provide a presentation that outlines the planning process and will be available to answer questions about tribal consultation, environmental review, and the decision-making process. March 18, 2026 Item #3 1 of 4 •• PLANNING COMMISSION @ Staff Report 0 Presentation Overview In this presentation, staff and their tribal resource consultant will review with the Planning Commission: •Key terms/definitions: The study and protection of cultural, tribal cultural, and paleontological resources have specialized terms and skills and associated professions. Staff will review certain terms important to these activities and ensure a common understanding of each. •Notable laws and policies: The regulatory environment of tribal cultural resources includes laws and policies at the local, state and federal levels. Staff will provide an overview of the regulations that have the most direct impact on Carlsbad project types. •Players/governmental entities: The protection of tribal cultural resources has multiple players at all levels of government. Each plays a different, and sometimes overlapping, role. Staff will review the entities most commonly involved in consultation/development review for typical Carlsbad project types. •Implementation: Staff will provide an overview of the past and present methods the city has used to interpret and implement requirements related to tribal cultural resources. Conclusion Tribal consultation and tribal resource protection evaluation are components of the development review and approval process for many Carlsbad projects. Maintaining and strengthening relationships with the city’s tribal partners is also a stated goal of the City Council (see Exhibit 2). As such, staff believe it is beneficial to have an open discussion with the Planning Commission on the topic in relation to existing city processes and the future update of the city’s Tribal, Cultural, and Paleontological Resource Guidelines. The March 18, 2026, informational presentation to the Planning Commission is meant to be a resource for the Planning Commission and the public of key terms, definitions and processes related to tribal consultation and the protection of tribal cultural resources. Exhibits 1.2017 Tribal, Cultural, Paleontological Resource Guidelines (on file with the City Clerk) 2.City Council Policy 83: Tribal Cultural Resource Protection (on file with the City Clerk) March 18, 2026 Item #3 2 of 4 Exhibit 1 2017 Tribal, Cultural, Paleontological Resource Guidelines (on file with the City Clerk) March 18, 2026 Item #3 3 of 4 Exhibit 2 City Council Policy 83: Tribal Cultural Resource Protection (on file with the City Clerk) March 18, 2026 Item #3 4 of 4 Tribal Cultural Resource Protection & Consultation Robb Efird, Principal Planner Nikki Falvey, Helix Environmental Planning March 18, 2026 C cityof Carlsbad TODAY’S PRESENTATION •Key Terms & Definitions •Notable Laws and Policies •Players & Governmental Entities •Implementation ITEM 3: TRIBAL CULTURAL RESOURCE PROTECTION & CONSULTATION 2 C cityof Carlsbad KEY TERMS & DEFINITIONS 3 ITEM 3: TRIBAL CULTURAL RESOURCE PROTECTION & CONSULTATION Image: Pechanga Band of Indians {city of Carlsbad KEY TERMS & DEFINITIONS Federally Recognized Tribe: Tribes identified by the Department of the Interior that hold a government-to-government relationship with the U.S. and are eligible for federal funding and services. (Full definition in 25 C.F.R. Part 83) 4 ITEM 3: TRIBAL CULTURAL RESOURCE PROTECTION & CONSULTATION C cityof Carlsbad KEY TERMS & DEFINITIONS California Native American (CNA) tribe: A Native American tribe located in California that is on the contact list maintained by the Native American Heritage Commission (NAHC) (PRC § 21073) 5 ITEM 3: TRIBAL CULTURAL RESOURCE PROTECTION & CONSULTATION C cityof Carlsbad KEY TERMS & DEFINITIONS Traditionally and Culturally Affiliated (TCA) tribe: A CNA tribe that is traditionally and culturally affiliated with a particular geographic area within California as identified by the lead agency and/or Native American Heritage Commission. (PRC § 21080.3.1) 6 ITEM 3: TRIBAL CULTURAL RESOURCE PROTECTION & CONSULTATION C cityof Carlsbad KEY TERMS & DEFINITIONS 7 ITEM 3: TRIBAL CULTURAL RESOURCE PROTECTION & CONSULTATION California Native American (CNA) Tribe Traditionally & Culturally Affiliated with Carlsbad (TCA) Tribe Federally Recognized Tribe ('city of Carlsbad 8 ITEM 3: TRIBAL CULTURAL RESOURCE PROTECTION & CONSULTATION San Diego Carlsbad Los Angeles Source: US EPA Tijuana TRIBAL LANDS & TERRITORIES 9 ITEM 3: TRIBAL CULTURAL RESOURCE PROTECTION & CONSULTATION DRAFT/DELIBERATIVE San Diego Carlsbad Los Angeles Source: Native Land Digital (https://native-land.ca) Tijuana HISTORIC TRIBAL TERRITORIES Kiz!h (Gabri el eno) Pay6mkawichum (Luisef'io) Acjachemen Ouaneno) Cuipeno Kumeyaay/Kumiais Ko'I ew (Kil iwa) fviluwen Meytemak ( KEY TERMS & DEFINITIONS Tribal Cultural Resources (PRC §21074): 1)Sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a CNA that is listed or eligible for listing, in the national or state register of historical resources, or listed in a local register of historic resources; or 2)Resources that the lead agency determines, in its discretion and supported by substantial evidence, are tribal cultural resources. (PRC § 21074)10 ITEM 3: TRIBAL CULTURAL RESOURCE PROTECTION & CONSULTATION KEY TERMS & DEFINITIONS Tribal Consultation: [T]he meaningful and timely process of seeking, discussing, and considering carefully the views of others, in a manner that is cognizant of all parties’ cultural values and, where feasible, seeking agreement…that is mutually respectful of each party’s sovereignty. (PRC § 21080.3.1(b) and GC § 65352.4) 11 ITEM 3: TRIBAL CULTURAL RESOURCE PROTECTION & CONSULTATION C cityof Carlsbad KEY TERMS & DEFINITIONS Tribal Monitoring: A measure that may be included in pre-excavation agreements, CEQA mitigation measures and/or conditions of approval where identified tribal representatives supervise ground-disturbing activities for the presence of previously unknown TCRs and provide technical expertise in the identification of and handling/protection of tribal cultural resources 12 ITEM 3: TRIBAL CULTURAL RESOURCE PROTECTION & CONSULTATION PLAYERS & GOVERNMENTAL ENTITIES 13 ITEM 3: TRIBAL CULTURAL RESOURCE PROTECTION & CONSULTATION Image: Native American Heritage Commission PLAYERS & GOV’T ENTITIES Dept. of the Interior/Bureau of Indian Affairs (BIA): •Established in 1824 •Headquartered in Washington, D.C. •Has historically enforced federal policy and lead efforts to “assimilate” Native Americans into American society •Current focus includes enhancing quality of life, promoting economic opportunities, and oversight of Native American trust assets 14 ITEM 3: TRIBAL CULTURAL RESOURCE PROTECTION & CONSULTATION Native American Heritage Commission (NAHC): •Established in 1976 by the California Legislature (AB 4239) •Offices in Sacramento, CA •Primary agency for identifying and cataloging Native American cultural resources •Identifies TCAs and Most Likely Descendants; provides contact information to the city and consultants. 15 ITEM 3: TRIBAL CULTURAL RESOURCE PROTECTION & CONSULTATION PLAYERS & GOV’T ENTITIES California Office of Historic Preservation •Established in 1975 as part of State Parks •Offices in Sacramento, CA •Implements Section 106 of the Nat’l Historic Preservation Act •Identifies, evaluates and registers historic properties •Ensures compliance with federal, state laws •Education, public awareness, leadership initiatives 16 ITEM 3: TRIBAL CULTURAL RESOURCE PROTECTION & CONSULTATION PLAYERS & GOV’T ENTITIES Carlsbad TCA Tribes •Includes 21 tribes •18 federally recognized, 3 non-federally recognized •Most active consulting tribes: •Rincon Band of Luiseño Indians •San Luis Rey Band of Mission Indians 17 ITEM 3: TRIBAL CULTURAL RESOURCE PROTECTION & CONSULTATION PLAYERS & GOV’T ENTITIES C cityof Carlsbad NOTABLE LAWS & POLICIES 18 ITEM 3: TRIBAL CULTURAL RESOURCE PROTECTION & CONSULTATION Image: CalMatters 1111111 NOTABLE LAWS & POLICIES National Historic Preservation Act, Section 106: •Includes procedures for federal agencies to identify, evaluate, assess effects, and provide treatment for adverse effects on historic properties for federal undertakings. •Includes items of traditional religious and cultural importance to an Indian tribe and that meet Nat’l Register criteria. •Applies when a project receives federal funding or requires a federal permit.19 ITEM 3: TRIBAL CULTURAL RESOURCE PROTECTION & CONSULTATION 1111111 NOTABLE LAWS & POLICIES CEQA: •Applies to discretionary “projects,” as defined •Requires assessment of potential impacts to different types of resources, including biological resources, cultural resources, tribal cultural and paleontological resources •Requires mitigation to reduce impacts below a level of significance, where feasible •Includes requirements for timing and scope of tribal consultation 20 ITEM 3: TRIBAL CULTURAL RESOURCE PROTECTION & CONSULTATION 1111111 NOTABLE LAWS & POLICIES SB 18 (Burton, 2004): •Mandates consultation with CNA tribes for General Plan, Specific Plan adoption/amendments •Requires CEQA lead agencies consult with tribes on open spaces related to protection of tribal cultural resources 21 ITEM 3: TRIBAL CULTURAL RESOURCE PROTECTION & CONSULTATION 1111111 C cityof Carlsbad NOTABLE LAWS & POLICIES AB 52 (Gatto, 2014): •For certain CEQA documents (ND, MND, EIR/SEIR) •TCA tribes must opt-in in advance to receive notices •Lead agency must provide notice and offer of consultation to TCA tribes on the list within 14 days at start of project or by application completeness •TCA tribe must accept consultation within 30 days •Consultation must begin within 30 days from notification of acceptance 22 ITEM 3: TRIBAL CULTURAL RESOURCE PROTECTION & CONSULTATION 1111111 Carlsbad AB 52 Consulting Tribes: Four tribes have requested consultation notices: •Cahuilla Band of Indians •Mesa Grande Band of Diegueño Mission Indians •Rincon Band of Luiseño Indians •San Luis Rey Band of Mission Indians 23 ITEM 3: TRIBAL CULTURAL RESOURCE PROTECTION & CONSULTATION NOTABLE LAWS & POLICIES 1111111 C cityof Carlsbad NOTABLE LAWS & POLICIES CEQA: Significance of a resource: •Based upon its association with an event or person important to local, state, or national history (Criteria 1 and 2); •If it embodies distinctive characteristics of a type, period, region, or method of construction, is the work of a master, or possesses high artistic value (Criterion 3); or 24 ITEM 3: TRIBAL CULTURAL RESOURCE PROTECTION & CONSULTATION 1111111 NOTABLE LAWS & POLICIES CEQA: Significance of a resource (cont’d): •If it has the potential to yield important information about local, state, or national history (Criterion 4). 25 ITEM 3: TRIBAL CULTURAL RESOURCE PROTECTION & CONSULTATION 1111111 NOTABLE LAWS & POLICIES CEQA: What are the activities/areas generally of most interest to the tribes? •Grading/ground disturbing activities •Shoreline/waterway areas •Areas with previously discovered resources •Anything related to human remains or funerary items •Access to sacred spaces, traditional/ritual activity areas 26 ITEM 3: TRIBAL CULTURAL RESOURCE PROTECTION & CONSULTATION 1111111 Carlsbad General Plan: •Open Space, Conservation & Recreation Element (Ch. 4) •Encourages using open space to preserve resources •Arts, History, Culture, and Education Element (Ch. 7) •Addresses both historic/cultural resources and tribal cultural resources •Contains policies that informed the 2017 Guidelines •Requires protection of resources and encourages educational opportunities 27 ITEM 3: TRIBAL CULTURAL RESOURCE PROTECTION & CONSULTATION NOTABLE LAWS & POLICIES 1111111 Carlsbad Local Coastal Program: •Mello I and Mello II defer to CEQA for impacts to and mitigation for archaeological and paleontological resources •West Batiquitos requires a “program of preservation and/or impact mitigation” for archaeological sites •North Coast Corridor projects must remain consistent with a 2014 Caltrans/SANDAG Resource Enhancement Program related to archaeological, paleo. resources 28 ITEM 3: TRIBAL CULTURAL RESOURCE PROTECTION & CONSULTATION NOTABLE LAWS & POLICIES 1111111 NOTABLE LAWS & POLICIES Carlsbad Municipal Code: •Chapter 19: Environmental Protection Procedures •Mirrors requirements and guidance in CEQA •CMC 19.04.070.C. includes exceptions for: •Grading/clearing affecting: •Sensitive species or their habitats •Archaeological or cultural resources •Projects affecting wetlands, hazardous materials, unstable soils or other factors requiring special review29 ITEM 3: TRIBAL CULTURAL RESOURCE PROTECTION & CONSULTATION 1111111 Carlsbad City Council Policy 83: •Adopted by Council in 2016 •References the 1990 Cultural Guidelines and General Plan as guiding implementation •Provided policy direction for the development of the 2017 Tribal Cultural Paleontological Guidelines update •Goal was to avoid or substantially reduce impacts to tribal cultural resources 30 ITEM 3: TRIBAL CULTURAL RESOURCE PROTECTION & CONSULTATION NOTABLE LAWS & POLICIES 1111111 Carlsbad Tribal, Cultural and Paleontological Guidelines: •Cultural guidelines first adopted in 1990 •Council Policy 83 directed update in 2016 •Guidelines updated and expanded in 2017 31 ITEM 3: TRIBAL CULTURAL RESOURCE PROTECTION & CONSULTATION •Reflected regulatory changes •Provided direction in the preparation of supporting reports •Standarized review and noticing procedures •Established clear timelines NOTABLE LAWS & POLICIES 1111111 IMPLEMENTATION 32 ITEM 3: TRIBAL CULTURAL RESOURCE PROTECTION & CONSULTATION Image: City of Carlsbad IMPLEMENTATION How the PC will interface with these requirements: •CEQA •Technical Studies (e.g. cultural resource assessments) •Exemptions •Environmental Documents •Mitigation Measures (MND, SEIR/EIR) •Responses to Comments (ND, MND, SEIR/EIR) 33 ITEM 3: TRIBAL CULTURAL RESOURCE PROTECTION & CONSULTATION IMPLEMENTATION CEQA Exemptions: •Project is assumed to have less than significant impacts on tribal/other resources (statutory/categorical exemptions) •Project has demonstrated it will have less than significant impacts on tribal/other resources (initial study/technical studies) •Exceptions to stated exemption must not apply •PC plays role in approving/recommending some 34 ITEM 3: TRIBAL CULTURAL RESOURCE PROTECTION & CONSULTATION IMPLEMENTATION CEQA Treatment Options/Mitigation Measures: •Potential Mitigations •Avoidance/preservation •Repatriation •Tribal Monitoring •Capping •Data Recovery/Curation •Education/Interpretation 35 ITEM 3: TRIBAL CULTURAL RESOURCE PROTECTION & CONSULTATION •CC&R-like property restrictions •Tribal access agreements •Awareness training •Controlled grading procedures •Post-review discoveries IMPLEMENTATION Conditions of Approval/Mitigation Measures: •Must be consistent with results of tribal consultation, if applicable •Generally follow methods, language found in the city’s Tribal, Cultural Paleontological Guidelines 36 ITEM 3: TRIBAL CULTURAL RESOURCE PROTECTION & CONSULTATION CONCLUDING DISCUSSION 37 ITEM 3: TRIBAL CULTURAL RESOURCE PROTECTION & CONSULTATION Image: North County Pipeline