2024-072 - Setting Adminstrative Fines for Violation the Municipal Code

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CUL-4 For projects with ground disturbance—e.g, grading, excavation, trenching, boring, or demolition that extend below the current grade —prior to issuance of any permits requited to conduct ground -disturbing activities, the City shall require an Archaeological Resources Assessment be conducted under the supervision of an archaeologist that meets the Secretary of the Interior's Professionally Qualified Standards in either prehistoric or historic archaeology Assessments shall include a California Historical Resources Information System records search at the South Central Coastal Information Center and of the Sacred Land Files maintained by the Native American Heritage Commission. The records searches will determine if the proposed project area has been previously surveyed for archaeological resources, identify and characterize the results of previous cultural resource surveys, and disclose any cultural resources that have been recorded and/or evaluated. If unpaved surfaces are present witivn the project area, and the entire project area has not been previously surveyed within the past 10 years, a Phase I pedestrian survey shall be undertaken in proposed project areas to locate any surface cultural materials that may be present. CUL-5 If potentially significant archaeological resources are identified, and impacts cannot be avoided, a Phase II Testing and Evaluation investigation shall be performed by an archaeologist who meets the Secretary of the Interior's Standards to determine significance prior to any ground -disturbing activities. If resources are determined significant or unique through Phase II testing, and site avoidance is not possible, appropriate site -specific mitigation measures shall be undertaken. These might include a Phase III data recovery program implemented by a qualified archaeologist and performed in accordance with the Office of Historical Preservation% Archaeological Resource Management Reports (ARMR): Recommended Contents and Format" (C)HP 1990) and "Guidelines for Archaeological Research Designs" (C)HP 1991). CUL-6 If the archaeological assessment did not identify archaeological resources but found the area to be highly sensitive for archaeological resources, a Native American monitor a1212roved by a California Native American Tribe identified by the Native American Heritage Commission as culturally affiliated with the project area shall monitor all ground-disturbirz construction and pre -construction activities in areas of high sensitivit r The archaeologist shall inform all construction 12ersonnel 12rior to construction activities of the proper procedures in the event of an archaeological discovery. The training shall be held in conjunction with the ro'ect's initial on -site safety meeting and shall explain the importance and le al basis for the protection of sigaWcant archaeological resources. The Native American monitor shall be invited to paitigWate in this training, In the event that archaeological resources artifacts or features) are exposed durin ground -disturbing activities, construction activities in the immediate vicinity of the discovery shall be halted while the resources are evaluated far significance by an archaeologist who meets the Secretary's Standards. This will include tribal consultation and coordination with the Native American monitor in the case of a prehistoric archaeological resource or tribal resource If the discovery proves to be significant, the long Resolution No. 2024-072 Page 36 of 67