MEETING DATE: 4/12/2022
DEPARTMENT: RESOURCE MANAGEMENT AGENCY
DEPT HEAD/DIRECTOR: Abraham Prado, Asst. Director - Planning and Building
AGENDA ITEM PREPARER: Joel Ellinwood
SBC DEPT FILE NUMBER: 790
SUBJECT:
RESOURCE MANAGEMENT AGENCY - A. PRADO, ASST. DIRECTOR - PLANNING AND BUILDING
Presentation on SB 18 and AB 52 Tribal Consultation Process and Designate County Representatives for pending consultations regarding Betabel CUP and Strada Verde Innovation Park Projects.
SBC FILE NUMBER: 790
AGENDA SECTION:
REGULAR AGENDA
BACKGROUND/SUMMARY:
Tribal consultation consultant and planner Ethan "Red Eagle" Lawton will present a brief overview and best practices summary of California statutory requirements for conducting consultations between county and tribal governing bodies. Mr. Lawton is a Tribal Liaison and Associate Planner with SHN, a Civil Engineering, Environmental Services, Geosciences, Planning, and Surveying firm with offices in northern California.
After amendments to the California Planning and Zoning Law by SB18 (Stats. 2004, Ch. 905), Government Code section 65352.3, et seq., state law mandates that before adopting any amendment to the County's general plan proposed on or after March 1, 2005 that the County conduct consultations with California Native American tribes for the purpose of preserving or mitigating impacts to places, features, and objects of any Native American sanctified cemetery, place of worship, religious or ceremonial site, or sacred shrine on public property or any historic or prehistoric ruins, any burial ground, any archaeological or historic site, any inscriptions made by Native Americans at such a site, any archaeological or historic Native American rock art, or any archaeological or historic feature of a Native American historic, cultural, or sacred site on public or private property, also known as tribal cultural resources.
The California Environmental Quality Act, following amendments adopted by AB52 (Stats 2014, Ch. 532), Public Resources Code section 21080.3.1, et seq. similarly mandates consultation with California Native American tribes that are traditionally and culturally affiliated with a geographic area that may be affected by a project prior to the release of a negative declaration, mitigated negative declaration, or environmental impact report for a project.
The tribe or tribes to be consulted shall be those identified by the California Native American Heritage Commission (NAHC) that respond to written notifications required to be sent by the County within certain time frames. Consultation is to begin within 30 days of receipt of notification from tribal representatives that they want to engage in consultation.
On March 20, 2022, the Amah Mutsun Tribal Band requested formal tribal consultation with regards to the Betabel Conditional Use Permit application, per AB52 and the Strada Verde Innovation Park project application per SB18 and AB52. The County should commence consultation within 30 days of that request. Other Native American tribes identified by the NAHC may also request consultation regarding either or both projects.
RESOLUTION OR ORDINANCE NEEDED FOR THIS ITEM:
No
CONTRACT NEEDED FOR THIS ITEM:
No
CONTRACT AND RFP HISTORY:
N/A Consulting contract within Department Director discretionary authority, reimbursable by developer permit processing fees.
LAST CONTRACT AMOUNT OR N/A:
N/A
STATE IF THIS IS A NEW CONTRACT/ HOW MANY PAST AMENDED CONTRACTS/ OR N/A:
N/A
STRATEGIC PLAN GOALS:
BUDGETED:
Yes
Budget Adjustment Needed: No
Unfunded Mandate (Is this a mandate not funded by the State): Yes