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Local Guidelines for Implementing the <br />California Environmental Quality Act (2023) NEGATIVE DECLARATION <br /> <br /> <br />2023 City of Santa Ana Local Guidelines 6-6 ©Best Best & Krieger LLP <br />location, the Lead Agency contact information, and a notification that the California Native <br />American tribe has 30 days to request consultation. Where the application for a housing <br />development project is deemed to be complete on or after March 4, 2020 and before December 31, <br />2021, the California Native American tribe shall have 60 days to respond to the Lead Agency and <br />request consultation. (Reference: Gov. Code, § 65583(i).) <br />The Lead Agency shall begin the consultation process within 30 days of receiving a <br />California Native American tribe's request for consultation. <br />If consultation is requested, the parties may propose mitigation measures, including those <br />set forth in Public Resources Code section 21084.3, capable of avoiding or substantially lessening <br />potential significant impacts to a tribal cultural resource or alternatives that would avoid significant <br />impacts to a tribal cultural resource. The consultation may include discussion concerning the type <br />of environmental review necessary, the significance of tribal cultural resources, the significance <br />of the project's impacts on the tribal cultural resources, and, if necessary, project alternatives or <br />the appropriate measures for preservation or mitigation that the California Native American tribe <br />may recommend to the Lead Agency. <br />The consultation shall be considered concluded when either of the following occurs: <br />(1) The parties agree to measures to mitigate or avoid a significant effect, if a <br />significant effect exists, on a tribal cultural resource. <br />(2) A party, acting in good faith and after reasonable effort, concludes that mutual <br />agreement cannot be reached. <br />The California Native American tribe is not limited in its ability to submit information to <br />the lead agency regarding the significance of the tribal cultural resources, the significance of the <br />project's impact on tribal cultural resources, or any appropriate measures to mitigate the impacts. <br />Additionally, the lead agency or project proponent is not limited in its ability to incorporate <br />changes and additions to the project as a result of the consultation, even if not legally required. <br />(Reference: Pub. Resources Code, §§ 21080.3.1, 21080.3.2.) <br />6.08 IDENTIFICATION OF TRIBAL CULTURAL RESOURCES AND PROCESSING OF INFORMATION <br />AFTER CONSULTATION WITH THE CALIFORNIA NATIVE AMERICAN TRIBE <br />After consultation with the California Native American tribe listed above in Local <br />Guidelines Section 6.07, any mitigation measures agreed upon in the consultation conducted <br />pursuant to Public Resources Code section 21080.3.2 shall be recommended for inclusion in the <br />Mitigated Negative Declaration and in an adopted mitigation monitoring and reporting program, <br />if the mitigation measures are determined to avoid or lessen the proposed project’s impacts on <br />tribal cultural resources, and if the mitigation measures are enforceable. <br />If a project may have a significant impact on a tribal cultural resource, the Lead Agency's <br />Mitigated Negative Declaration shall discuss both of the following: