Malibu City Zoning Code
CHAPTER 17
54 CULTURAL RESOURCE PRESERVATION
§ 17.54.010 Purpose.
The intent of these provisions is to avoid the damage to or destruction of important cultural resources within the city.
(Prior code § 9380; Ord. 133 § 6, 1995; Ord. 221 § 3, 2001)
§ 17.54.020 Definitions.
For the purposes of this chapter, the following definitions shall apply:
means the California Environmental Quality Act which shall be the statutory reference for those portions of this chapter drawn therefrom.
means a map developed by the director showing the location of culturally sensitive areas.
means areas identified on the cultural resource sensitivity map as an area where important cultural resources exist.
may include, but not be limited to, the following criteria:
Has a special quality such as oldest, best example, largest, or last surviving example of its kind;
Is at least 100 years old;
Significant to Chumash prehistory or history;
Contains burial or other significant artifacts;
Is an archeologically undisturbed site;
Has important archeological significance;
Relates to significant events or persons;
Listed on cultural resources sensitivity map; or
Of specific local importance.
includes any earth moving requiring a planning clearance, development permit, geological/geotechnical exploratory excavation permit, sewer permit, building permit, or grading permit. The term shall include government-initiated or funded works except those projects necessary for emergency purposes.
means a professional archaeologist included as a person qualified by or on the registry of Professional Archeologist of the Society for American Archeology who has a minimum of three years at the supervisory level.
shall mean a Native American of Chumash descent who:
Submits verifiable evidence, approved by the planning director, that he or she is of Chumash descent or is a Native American member of the Chumash community. Being listed as Chumash "most likely descendent" by the California Native American Heritage Commission may satisfy these criteria;
Submits verifiable evidence, approved by the planning director, indicating that he or she has a minimum of 30 days of on site experience monitoring Chumash cultural resource sites.
means the South Central Coastal Information Center, at the Institute of Archaeology, University of California, Los Angeles.
(Prior code § 9381; Ord. 133 § 6, 1995; Ord. 221 § 3, 2001)
§ 17.54.030 Applicability.
A cultural resource review pursuant to this chapter shall be required for all projects prior to the issuance of a planning approval, development permit, geological/geotechnical exploratory excavation permit, sewer permit, building permit, grading permit, or prior to the commencement of government-initiated or funded works except those projects necessary for emergency purposes.
(Prior code § 9382; Ord. 133 § 6, 1995; Ord. 221 § 3, 2001)
§ 17.54.040 Cultural resource review.
A.
Preliminary Review. The director shall conduct a preliminary review of all projects to determine whether the project may have an adverse impact (or "substantial adverse change" as defined by CEQA) on an important cultural resource. The planning director shall utilize Section 17.54.020(D) criteria in determining an important cultural resource. It shall be determined if the project will result in earth disturbance. The cultural resources sensitivity map will be reviewed to determine if an earth-disturbing project requires archeological review. Where the planning director determines that the project will not have an adverse impact or result in a substantial adverse change to an important cultural resource, no further cultural resources review shall be required.
B.
Initial Evaluation. Where, following the preliminary review, the director determines that the project may have an adverse impact on an important cultural resource, the project applicant shall submit an initial evaluation. An initial evaluation shall include a review of relevant documents and a field survey of the project site to verify the presence and condition of previously recorded cultural resources and to identify previously unrecorded resources. The initial evaluation shall be prepared by a qualified archaeologist hired by the project applicant or by the city archaeologist if requested by the project applicant. Where the initial evaluation reveals that the project will not have an adverse impact on an important cultural resource or cause substantial adverse changes as defined by CEQA, no further cultural resources review shall be required.
C.
Phase I Inventory. Where, following the initial evaluation, the director determines that the project may have an adverse impact on or result in a substantial adverse change to cultural resources, the director shall require that a Phase I inventory of cultural resources be prepared. The project applicant shall submit a Phase I Inventory conducted by a qualified archaeologist hired by the project applicant. All Phase I Inventories that involve any excavation or monitoring shall be conducted in consultation with a qualified Chumash cultural resources monitor.
Phase I inventories shall include: | |
1. | A records search through the regional historical resources information center; |
2. | An archival search of historic records; |
3. | A field survey described in subsection B of this section; and |
4. | A written report which describes how the survey was conducted and the result of the survey. |
If on the basis of the Phase I inventory described above, one or more significant cultural resources is found, a Phase I Inventory may be required to include:
1.
An evaluation of limited shovel test pits to determine whether a subsurface deposit is present and a negative declaration shall be prepared;
2.
Recommendations for Phase II. Evaluations and a negative declaration, mitigated negative declaration, focused environmental impact report or an environmental impact report shall be prepared; or
3.
Monitoring programs pursuant to subsection (D)(4) of this section and a mitigated negative declaration shall be prepared.
D.
Phase II Evaluation.
1.
Applicability. Where, as a result of the Phase Inventory, the planning director determines that the project may have an adverse impact on cultural resources, a Phase II Evaluation of cultural resources shall be required and a negative declaration, mitigated negative declaration, focused environmental impact report, or an environmental impact report shall be prepared. All Phase II evaluations shall be conducted by a qualified archaeologist and, where the Phase I inventory indicates the presence of prehistoric or ethnohistoric Chumash cultural resources, the evaluation shall also be conducted in consultation with a qualified Chumash cultural resources monitor.
2.
Definition. Phase II evaluations are investigations intended to gather any additional data necessary to assess the importance of the cultural resources identified in Phase I inventories, to define site boundaries of the cultural resources, to assess the site's integrity, to evaluate the project's potential adverse impacts on cultural resources, and to develop measures to mitigate potential adverse impacts. Phase II evaluation proposals shall be designed on a project-specific basis and must be guided by a research design/work plan that clearly identifies the study goals and articulates the proposed methods of data collection and analysis with the goals.
Data collection methods may include a number of subsurface exploration techniques, including excavation of auger holes, test pits, or trenches.
3.
City Review and Approval. The planning director shall review and approve all Phase II design/work plans prior to any testing or excavations. The planning director shall also review and approve all reports resulting from Phase II evaluations. Where, as a result of the Phase II evaluation, the planning director determines that the project will not have an adverse impact on important cultural resources, no further cultural resource review of the project shall be required.
4.
Exceptions. Notwithstanding the foregoing provisions, the planning director may waive the preparation of a Phase II evaluation and prepare a mitigated negative declaration where the Phase I inventory indicates the following conditions:
a.
Based upon substantial evidence, the planning director determines that there is the presence of prehistoric or ethnohistoric Chumash cultural resources and it appears unlikely that the project site will contain important cultural resources (as for example, where the site is in an area of low density of artifacts or other remains, the suspected amount of the site deposit to be disturbed is small, or where it appears the artifacts or other remains have been historically redeposited); and
b.
Project applicant agrees to provide monitoring of all excavation or trenching by a qualified Chumash cultural resource monitor.
In the event that any potentially important cultural resources are found in the course of excavation or trenching, work shall immediately cease until the qualified archaeologist can provide an evaluation of the nature and significance of the resources and until the planning director can review this information. Where, as a result of this evaluation, the planning director determines that the project may have an adverse impact on cultural resources, a Phase II evaluation of cultural resources shall be required pursuant to subsection E of this section. The limitations on mitigation as described in subsection (D)(4) of this section shall not be applicable to monitoring programs described in subsection (E)(4) of this section.
E.
Phase III Mitigation Programs.
1.
Applicability. Where, as a result of the Phase II evaluation the planning director determines that the project may adversely affect important cultural resources, a Phase III mitigation program shall be required. All Phase III mitigation programs shall be conducted by a qualified archaeologist and, where the Phase II evaluation indicates the presence of important prehistoric cultural resources or ethnohistoric Chumash cultural resources, the evaluation shall also be conducted in consultation with a qualified Chumash cultural resource monitor.
2.
Purpose. Phase III mitigation programs are intended to mitigate adverse impacts upon important cultural resources. These programs shall be designed on a project-specific basis to meet the particular needs of each project and shall be guided by a research design/work plan that clearly articulates the scope of mitigation based on the recommendations developed in the prior Phase II evaluation of the affected site.
3.
Cultural Resource Impact Mitigation. Measures to mitigate potential impacts may include, but shall not be limited to, the following:
a.
In-situ preservation of the important cultural resource site;
b.
Avoiding damage to the important cultural resource site through the following approaches:
i.
Planning construction to miss important cultural resource sites,
ii.
Planning parks or other open space to incorporate important cultural resource sites,
iii.
"Capping" or covering important cultural resource sites with a layer of soil before building tennis courts, parking lots, or similar facilities. Capping may be utilized if all the following conditions are satisfied:
iv.
Deeding important cultural resource sites into permanent conservation easements;
c.
Scientific data recovery of an appropriate sample of the important cultural resource(s) via surface collection and archaeological excavation as provided for under this chapter.
4.
Limitations on Mitigation. The limitations on mitigating adverse impacts on important cultural resources shall apply as provided in California Environmental Quality Act as may be amended from time to time.
5.
Review and Approval. The planning director shall review and approve all design/work plans for Phase III mitigation programs and reports which detail the evaluative techniques and results.
F.
Cost. The maximum fees for cultural resource reviews required by this chapter shall be set by resolution of the city council, and as amended from time to time, except where limited by the California Environmental Quality Act.
(Prior code § 9383; Ord. 133 § 6, 1995; Ord. 221 § 3, 2001)
§ 17.54.050 Cataloging and filing of information.
A.
All reports resulting from the conduct of any cultural resource review described in this chapter shall be filed with the Regional Historical Resources Information Center.
B.
All artifacts discovered in connection with any cultural resource review shall be recorded in the manner required by the state of California. All site records, field notes, maps, photographs, notes by Native American monitors, reports by consulting archaeologists, and other records resulting from the conduct of any cultural resource review described in this chapter shall be cataloged in accordance with the United States Department of the Interior Guidelines.
(Prior code § 9384; Ord. 133 § 6, 1995; Ord. 221 § 3, 2001)
§ 17.54.060 Archaeological discoveries.
Any person who discovers important cultural resources during the course of construction for a project shall notify the planning director of the discovery. Once important cultural resources are discovered, no further excavation shall be permitted without approval of the planning director.
(Prior code § 9385; Ord. 133 § 6, 1995; Ord. 221 § 3, 2001)