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Local Guidelines for Implementing the <br />California Environmental Ouality Act (2023) AFFORDABLE HOUSING <br />traditionally and culturally affiliated with the geographic area of the proposed <br />development, shall engage in a separate scoping consultation with that California Native <br />American tribe. The development proponent and its consultants may participate in a <br />scoping consultation process conducted pursuant to this subdivision if all of the following <br />conditions are met: <br />(1) The development proponent and its consultants agree to respect the <br />principles set forth in this subdivision. <br />(2) The development proponent and its consultants engage in the <br />scoping consultation in good faith. <br />(3) The California Native American tribe participating in the scoping <br />consultation approves the participation of the development proponent and its <br />consultants. The California Native American tribe may rescind its approval at any <br />time during the scoping consultation, either for the duration of the scoping <br />consultation or with respect to any particular meeting or discussion held as part of <br />the scoping consultation. <br />(D) The participants to a scoping consultation pursuant to this subdivision shall <br />comply with all of the following confidentiality requirements: (1) Government Code <br />section 7927.000; Government Code section 7927.005; Public Resources Code section <br />21083.3, subdivision (c); (4) State CEQA Guidelines section 15120, subdivision (d); and <br />any additional confidentiality standards adopted by the California Native American tribe <br />participating in the scoping consultation. <br />(E) CEQA does not apply to the scoping consultation conducted pursuant to this <br />subdivision. <br />(b)(ii)(A) If, after concluding the scoping consultation, the parties find that no potential <br />tribal cultural resource would be affected by the proposed development, the development <br />proponent may submit an application for the proposed development that is subject to the <br />streamlined, ministerial approval process described in this section <br />(B) If, after concluding the scoping consultation, the parties find that a potential <br />tribal cultural resource could be affected by the proposed development and an enforceable <br />agreement is documented between the California Native American tribe and the local <br />government on methods, measures, and conditions for tribal cultural resource treatment, <br />the development proponent may submit the application for a development subject to the <br />streamlined, ministerial approval process described in this section. The local government <br />shall ensure that the enforceable agreement is included in the requirements and conditions <br />for the proposed development. <br />(C) If, after concluding the scoping consultation, the parties find that a potential <br />tribal cultural resource could be affected by the proposed development and an enforceable <br />agreement is not documented between the California Native American tribe and the local <br />2023 City of Santa Ana Local Guidelines 9-12 OBest Best & Krieger LLP <br />