The following words and phrases, whenever used in this chapter, shall be construed as defined in this section.
ARCHAEOLOGICAL EXCAVATION APPROVAL. An approval issued by the County of San Benito pursuant to this chapter to a qualified professional archaeologist, authorizing excavation of an archaeological site for scientific purposes or as a mitigation measure in order to preserve a sample of the remains, artifacts or other evidence.
ARCHAEOLOGICAL/CULTURAL RESOURCE. Consistent with CEQA, Appendix K, an archaeological resource is one which:
(1) Is associated with an event or person of:
(a) Recognized significance in California or American history; or
(b) Recognized scientific importance in prehistory.
(2) Can provide information which is both of demonstrable public interest and useful in addressing scientifically consequential and reasonable archaeological research questions;
(3) Has a special or particular quality such as oldest, best example, largest or last surviving example of its kind;
(4) Is at least 100 years old and possesses substantial stratigraphic integrity; or
(5) Involves important research questions that historical research has shown can be answered only with archaeological methods.
ARCHAEOLOGICAL/CULTURAL SITE. Any mound, midden, cave, place of settlement, burial ground, ceremonial ground, mine, trail, rock art or other feature or location containing either human remains or artifacts of Native Californians. Any artifacts left by Spanish, Mexican, Euroamerican and the like settlers. Whenever the word SITE is used in this chapter, it means an ARCHAEOLOGICAL/CULTURAL SITE.
ARCHAEOLOGICAL REPORT. A comprehensive investigation of an archaeological site prepared by a qualified professional archaeologist pursuant to this chapter. The purpose of the report is to determine the extent and significance of the site and to provide recommendations for mitigation measures.
ARCHAEOLOGICAL SENSITIVE AREAS. Areas of the county designated on maps prepared by the Planning Department in consultation with professional archaeologists, where artifacts and/or human remains of Native American peoples are likely to exist. These maps shall be kept on file in the Planning Department and shall be available only to county planners and professional archaeologists.
ARCHAEOLOGICAL SURVEY. A brief preliminary surface investigation or reconnaissance performed under the guidance of a qualified professional archaeologist for the purpose of determining the presence and/or extent of an archaeological site on a parcel for which a project is proposed.
ARTIFACT. Material remains which provide significant evidence of the activities of a prehistoric culture or historic tribe, or Spanish, Mexican, Euroamerican and the like settlers.
BURIAL. The placement of human remains in a grave inside or outside a burial park.
CULTURAL SIGNIFICANCE. An archaeological site shall be deemed a site of “cultural significance” if it meets any of the criteria herein.
DISCRETIONARY PROJECT. A project which requires the exercise of judgment or deliberation when the public agency or body decides to approve or disapprove a particular activity, as distinguished from situations where the public agency or body merely has to determine whether there has been conformity with applicable statutes, ordinances or regulations.
GROUND DISTURBANCE. Development activity resulting in the manipulation of the terrain or of earth materials such as rock or soil including excavation, grading, placement of structures, trenching for utilities or foundations, but excluding agricultural activities.
HUMAN REMAINS. The body, or any part thereof, of a deceased human being in any stage of decomposition.
INTERMENT. The disposition of human remains by inurnment, entombment or burial.
KNOWINGLY. A person who disturbs, excavates or causes to be disturbed or excavated an archaeological site shall be deemed to have done so “knowingly” if the person knew, or reasonably should have known, that the area contained artifacts, remains or other evidence of an archaeological site.
MOST LIKELY DESCENDANT. A person who is a direct descendant of an identified Native American band or tribe indigenous to San Benito County. This determination is made by the state’s Native American Heritage Commission.
PROPERTY OWNER. The record owner of any site subject to the provisions of the ordinance codified in this chapter. For purposes of this chapter, PROPERTY OWNER includes any known occupier of the site in question.
QUALIFIED ARCHAEOLOGIST. A person who meets or surpasses basic requirements for education, research, analysis and report writing established as necessary for certification by the Society of Professional Archaeologists (SOPA).
RECORDED ARCHAEOLOGICAL SITE. A known archaeological site which has been officially recorded with a recognized scientific archaeological body, such as the California Archaeological Inventory in Rohnert Park, California.
(1966 Code, § 5B-2) (Ord. 610, § 2)