(A) Presence of artifacts and/or human remains. Any property owner who, at any time in the preparation for or process of excavating or otherwise disturbing the ground, discovers any human remains of any age, or any significant artifact or other evidence of an archaeological site, shall:
(1) Cease and desist from all further excavations and disturbances within 200 feet of the discovery or in any nearby area reasonably suspected to overlie adjacent remains;
(2) Arrange for staking completely around the area of discovery by visible stakes no more than ten feet apart, forming a circle having a radius of no less than 100 feet from the point of discovery; provided, however, that the staking need not take place on adjoining property unless the owner of the adjoining property authorizes the staking. The staking shall not include flags or other devices which may attract vandals;
(3) Notify the Sheriff-Coroner of the discovery if human and/or questionable remains have been discovered. The Planning Director shall also be notified; and
(4) Subject to the legal process, grant all duly authorized representatives of the coroner and the Planning Director permission to enter onto the property and to take all actions consistent with this chapter and consistent with Cal. Health and Safety Code § 7050.5 and Cal. Gov’t Code Chapter 10 (commencing with § 27460) of Part 3 of Division 2 of Title 3.
(B) Human remains. In the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains or artifacts.
(C) Property inspection. Upon notification of the discovery, the Planning Director shall arrange for an inspection of the property and shall notify the coroner and the Native American Heritage Commission.
(1) The Planning Director may use the services of a qualified archaeologist in making inspections and determinations on archaeological sites. The archaeological services shall be at the expense of the applicant for the project. The inspection shall take place within two working days of the notice to the Director of the discovery. The property owner and a representative of local Native Californian Indian groups designated by the Native American Heritage Commission as the most likely descendant shall be notified of the time of the inspection and both may accompany the Director and his or her representative at all times on the property. The purpose of the inspection shall be to determine whether the discovery is a site of archaeological/cultural significance and to make recommendations to the property owner and the person responsible for the excavation work regarding the treatment of the human remains and any associated grave goods. The inspection shall be made pursuant to Cal. Public Resources Code § 5097.98.
(2) The Coroner shall determine whether the remains are subject to the provisions of Cal. Gov’t Code § 27491 or any other related provisions of the law concerning investigation of the circumstances, manner and cause of any death, and the recommendations concerning the treatment of disposition of the human remains in a manner consistent with Cal. Public Resources Code § 5097.98. The coroner shall make his or her determination within two working days from the time the person responsible for the excavation, or his or her authorized representative, notifies the coroner of the discovery or recognition of the human remains.
(D) Resumption of the development.
(1) If the aforementioned inspection has not taken place within three working days of notice of discovery to the Planning Director, ground disturbance of the property may proceed; except, however, that if human remains have been discovered, no excavation or development may take place until specifically authorized by the Coroner.
(2) If the Planning Director determines, based on recommendations of those individuals with whom the Director consults pursuant to this section, that the discovery is not a site of cultural significance, the Director shall notify the property owner of the determination, and excavation or the development may resume. The notice, in either event, may be given orally but shall be confirmed to the property owner in writing.
(E) Culturally significant sites. If the Planning Director determines that the discovery is a site of cultural significance, the Director shall notify the property owner that the site is of cultural significance and that an archaeological report must be prepared and completed within 90 days and no further excavation or development may take place except as authorized by an archaeological site development approval. The property owner may appeal the decision of the Planning Director as specified in § 19.05.011.
(F) Recordation of sites. The Director shall ensure that all archaeological sites shall be recorded with and assigned a reference number by the California Archaeological Inventory. Copies of archaeological site records and reports shall be submitted to the California Archaeological Inventory for inclusion in the inventory.
(1966 Code, § 5B-7) (Ord. 610, § 7)