HomeMy WebLinkAbout2016-02-23; Council Policy No. 83 - Tribal Cultural Resource ProtectionCITY
CASBAD
Policy No. 83
Date Issued: February 23, 2016
Effective Date: March 1, 2016
Resolution No. 2016-042
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 of Tribal 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
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update its Cultural Resource Guidelines to incorporate State definitions of Tribal Cultural Resources,
require consultation in the detection, treatment and protection of Tribal 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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