(A) Purpose. In keeping with the goals and policies of General Plan Chapter 11 (Cultural Resources), this section outlines the procedures and criteria for the identification, documentation, and management of archaeological, Native American, and paleontological cultural resources.
(B) Scope and applicability.
(1) Potential project impacts to those cultural resources that are significant archaeological, Native American, and paleontological resources shall be addressed during project review as described in this section. This shall be accomplished through the identification of potential significant cultural resources (Phase I), the evaluation of those resources’ significance (Phase II), and, where necessary and appropriate, the mitigation of substantial adverse impacts through data recovery/salvage (Phase III) by qualified professionals as defined in § 153.603 of this subchapter.
(2) The provisions of this policy shall apply to all activities including but not limited to proposed structures, expansions, additions, alterations, grading, excavation, trenching, and/or demolition on properties containing archaeological, Native American, or paleontological resources classified as follows:
(a) Listed on the Register or Inventory;
(b) Listed on the California Register of Historical Resources or on the National Register of Historic Places;
(c) Determined by the Director or the State Historic Preservation Officer to be eligible for listing on the California Register of Historical Resources, the National Register of Historic Places, or the Register;
(d) Or are located in areas with a high or medium potential for the presence of cultural resources; in order to make this determination, the city shall prepare or cause to be prepared a cultural resource sensitivity map.
(C) Report preparation.
(1) All development applications satisfying the above criteria shall be required to submit a Phase I cultural resources inventory report and/or a paleontological resources inventory report to the city as a part of their application. Applications for properties that contain potential cultural resources that have not been evaluated for significance shall be required to submit a Phase II cultural resources evaluation report to the city as part of their application. A development application shall not be considered complete until said report(s) as required by this subchapter is submitted to the city.
(2) If the Director determines that the proposed project could potentially affect a known or suspected cultural resource adjacent to the project site, then the applicant will be required to submit a Phase I cultural resources inventory report in order to determine whether the project has the potential to impact the cultural resource.
(3) Cultural resources reports and paleontological resources reports shall be the responsibility of the applicant. The reports shall be prepared by qualified archaeologists or paleontologists as defined in § 153.603 of this subchapter.
(4) Cultural resources reports shall be prepared in a standard format: the California Office of Historic Preservation Archaeological Resource Management Reports (ARMR): Recommended Contents and Format. All cultural resources reports and appended resource records shall be filed with the local California Historical Resources Information System (CHRIS) Information Center.
(5) Paleontological resources reports shall be prepared in a standard format and shall include a clear description and map of the project location, as well as descriptions of the author’s qualifications; the criteria used to evaluate the property; the study’s methods, limitations, and dates of investigation; background materials consulted; the study’s results, including a map and quantified list of identified paleontological resources identified on the property; and the name of the facility where any recovered paleontological resources will be curated.
(6) The report shall include a description and map indicating location of specific sites, features, isolates, and fossils analyzed within the report. The mapped location of archaeological sites, Native American resources, and fossil localities is confidential information, not to be released for public view. It is to be provided to the city as an appendix to the main report.
(7) The city may prepare or commission the preparation of Cultural Resource Management Guidelines, in conjunction with a qualified archaeologist, in order to establish the specific requirements for identifying, recording, evaluating, and mitigating impacts to archaeological, Native American, and paleontological resources, and for the preparation of Phase I, Phase II, and Phase III reports and associated documentation.
(D) Exemptions. The following applications shall be exempt from the requirements for submitting reports:
(1) Applications for a property for which a Phase I cultural resources inventory report and/or paleontological resources report has been accepted by the city within the last five years, provided that there were no significant errors in methodology or content as determined by the Director and that the application complies with any applicable mitigation requirements.
(2) Projects that require a permit application that will not excavate deeper than 12 inches or excavate more than 50 cubic yards of earth, or those for which the Director, based on expert advice, has determined in writing, that the sediments to be disturbed do not have the potential to yield subsurface artifacts, archaeological features, or fossils.
(3) Projects that are limited to repair and maintenance of existing facilities and/or utilities without ground disturbing activities that extend beyond the footprint of those facilities or utilities.
(4) Projects that are ground level residential additions less than 500 square feet and are in accordance with § 153.630.
(E) Review process.
(1) All development applications subject to the provisions of this section shall be reviewed in the following manner in order to effectively identify and evaluate any cultural resources that exist on the project site and to mitigate substantial adverse changes to their significance:
(2) The applicable preliminary report shall be submitted to the Director. The Director may take the following actions:
(a) If the report finds and the Director concurs that no significant cultural resources are present, the Director shall require that the project comply with on-site monitoring and mitigation (see division (F) below). The Director may direct the city to retain the services of a separate qualified archaeologist or a qualified paleontologist to provide an independent review of these findings.
(b) If the report identifies the presence of archaeological, Native American, or paleontological resources, the Director shall refer the report for consideration to the Commission.
(3) The Commission, in reviewing the development proposal, shall evaluate the report and incorporate mitigation conditions for the project in order to preserve any known or identified significant archaeological, Native American, or paleontological resources.
(4) Any conditions or mitigation measures required by the Director or Commission shall be forwarded to the Building and Safety Division and enforced in accordance with Cal. Pub. Res. Code § 21081.6.
(5) All decisions of the Director may be appealed to the Commission, and all decisions of the Commission may be appealed to the City Council in accordance with § 153.626 of this subchapter.
(F) On-site monitoring and mitigation (archaeological/Native American resources).
(1) The Building and Safety Division shall be provided with an executed consultant services contact with the individual responsible for supervising onsite archaeological monitoring, who shall be a qualified archaeologist selected from approved list of qualified archaeologists to be maintained by the city.
(2) In instances, due to known or expected existence of subsurface Native American resources or as an outcome of Native American consultation, the consulting archaeologist or the Director may request that a Native American monitor be present on-site during grading operations. If so requested, a qualified Native American monitor shall be retained by the project applicant.
(3) If unanticipated subsurface cultural resources are discovered at the site, the archaeologist shall take immediate steps to stop all construction activity within 25 feet of the cultural material. The Director shall be immediately informed of the situation. If it is determined that the find is an isolated occurrence or that the remaining construction activity will not significantly impact the cultural resource, work shall be permitted to continue on the site. A report by the qualified archaeologist shall be submitted prior to the final inspection of the site, detailing the contents of the unearthed cultural resource.
(4) In the event of an unanticipated discovery of cultural resources when neither an archaeologist nor Native American monitor is on site, the information is to be communicated to the Director at once. In the event that the discovery includes potential human remains, Cal. Health and Safety Code § 7050.5 and Cal. Pub. Res. Code § 5097.98 shall be followed.
(5) Should unanticipated cultural resources be encountered, work shall be halted or diverted from the vicinity of the discovery until the significance of the cultural resource can be determined by the Director. A recommendation will be prepared by the qualified archaeologist indicating whether the find is potentially significant and the recommended course of action for its protection or further evaluation. The Director shall determine if the city should retain the services of a separate consulting archaeologist to provide an independent recommendation of site significance.
(6) On the Director’s recommendation, reports relating to the discovery of significant archaeological or Native American resources shall be referred to the Commission at their next available meeting. Notice of the hearing by the Commission shall be given not less than ten days prior to any action taken on the matter to be considered. Such notice shall include the date, time, and place of the hearing and description of the matter under consideration. Notice of the hearing shall also be sent to the property owner(s) of record and to other persons who have requested to be notified of such matters, or whom the Director or his or her designee determines may have an interest in the matter.
(7) The Commission, after considering the contents, recommendations, and findings of the report, and after receiving and considering testimony by interested individuals or groups, may take the following actions:
(a) Determine that the find is not significant and allow work to resume.
(b) Determine that additional testing is necessary to evaluate the significance of the find. If additional testing is determined necessary, similar procedures as defined in divisions (F)(4) and (5) above shall be followed.
(c) Determine that the proposed project will not significantly affect the cultural resource and that it can be documented and left in situ without compromising the integrity of the cultural resource.
(d) Forward a recommendation to the City Council to initiate data recovery procedures or protect the artifacts in situ.
(8) If the Commission forwards a recommendation of either data recovery or protection in situ that conflicts with currently approved plans, the item shall be scheduled for consideration at the next meeting of the City Council as an urgency item. The decision of the City Council shall be considered final.
(9) In the event that an unanticipated discovery of cultural material is made, all expenses related to work performed shall be reimbursed by the permit applicant.
(10) Whether cultural material is discovered or not, all monitors (archaeologists and Native American) shall submit a written summary of their services and observations.
(11) Prior to the issuance of any permit or action to proceed for the demolition of a cultural resource, the owner may be required to allow for the removal of significant features. The owner shall make these features available to local historic interest or Native American groups. The expense of the removal and storage of recovered features is to be borne by the historic interest or Native American groups. The owner may also be required, as a mitigation measure for any proposed demolition or alteration of a cultural resource, to document the cultural resource through photographs and historic narrative. These records will become the property of the city.
(G) On-site monitoring and mitigation enforcement (Paleontology).
(1) The Building and Safety Division shall be provided with an executed consultant services contract with the individual responsible for supervising on-site monitoring, who shall be a qualified paleontologist from an approved list of qualified paleontologists to be maintained by the city to be present on-site during grading operations.
(2) If paleontological material is present on the site, the qualified paleontologist shall submit a report describing the fossils that exist on the site. Said report shall include a statement on the significance of the discovery and recommended actions. If the paleontologist finds that the find is not significant, the Director may allow construction to proceed.
(3) On the Director’s recommendation, reports relating to the discovery of significant paleontological resources shall be referred to the Commission at their next available meeting. Notice of the hearing by the Commission shall be given not less than ten days prior to any action taken on the matter to be considered. Such notice shall include the date, time, and place of the hearing and description of the matter under consideration. Notice of the hearing shall also be sent to the property owner(s) of record and to other persons who have requested to be notified of such matters, or whom the Director or his or her designee determines may have an interest in the matter.
(4) The Commission, after considering the contents of the report, its recommendations, and review of testimony by interested individuals or groups, may take the following actions:
(a) Determine that the find is insignificant and allow work to resume.
(b) Determine that additional study is necessary to evaluate the significance of the fossils. Said study and report to be submitted within 30 days.
(c) Forward a recommendation to the City Council to initiate fossil salvage procedures or protect the fossils in situ.
(5) If the Director forwards a recommendation of either fossil salvage or protection in situ, the item shall be scheduled for consideration at the next meeting of the City Council. The decision of the City Council shall be considered final.
(6) Whether source material is discovered or not, a written report shall be prepared by all paleontological monitors summarizing their services and observations.
(H) Consultation with California Native American groups. California Native American tribes traditionally and culturally affiliated with San Gabriel may have expertise concerning their Native American resources, and consultation with these groups is a required element of compliance with CEQA (Cal. Pub. Res. Code § 21080.3.1).
(Ord. 636-C.S., passed 8-15-17)