Chapter 16.44
PALEONTOLOGICAL RESOURCE PROTECTION
Sections:
16.44.040 Paleontological assessments required.
16.44.050 Applications, preparation and review of assessments.
16.44.070 Resources discovered during development.
16.44.010 Purposes.
Significant valuable, irreplaceable paleontological resources exist in Santa Cruz County which may be degraded or destroyed by development activities. Policies to protect these resources for their scientific and educational values are contained in both the County General Plan and the Local Coastal Program Land Use Plan. This chapter establishes appropriate protective regulations and procedures. [Ord. 3446 § 1, 1983; Ord. 3343 § 1, 1982].
16.44.020 Amendment.
Any revision to this chapter which applies to the Coastal Zone shall be reviewed by the Executive Director of the California Coastal Commission to determine whether it constitutes an amendment to the Local Coastal Program. When an ordinance revision constitutes an amendment to the Local Costal Program such revision shall be processed pursuant to the hearing and notification provisions of Chapter 13.03 SCCC and shall be subject to approval by the California Coastal Commission. [Ord. 3446 § 1, 1983; Ord. 3343 § 1, 1982].
16.44.030 Definitions.
All terms used in this chapter shall be as defined in the General Plan or Local Coastal Program Land Use Plan glossaries, except as noted below.
“Development project” means any project requiring a building, zoning, grading or subdivision permit which will result in ground disturbance.
“Environmental Coordinator” means the member of the Planning Department staff assigned to review projects to determine their compliance with the California Environmental Quality Act, County environmental review guidelines, and the provisions of this chapter.
“Ground disturbance” means development activity resulting in the manipulation of the terrain or of earth materials such as rock or soil including excavating, grading, placement of structures, trenching for utilities or foundations, but excluding the cultivation of the soil for agricultural purposes.
“Paleontological report” means a comprehensive investigation of a paleontological site prepared by a qualified paleontologist on contract with or approved by the County. The report includes but is not limited to the following:
(1) Determination of the extent of the paleontological resources on the project site;
(2) Identification and inventory of the types of resources on the site;
(3) Evaluation of the significance of the resources; and
(4) Recommendations for the appropriate measures to ensure protection of the resources present.
“Paleontological resource(s)” means the fossil or organic remains, traces, or imprints of an organism preserved in the earth’s crust since some time in the geologic past, such as shells, bones, diatomite beds, and associated rock and soil matrices.
“Paleontological resource protection maps” means areas of the County designated on maps prepared by the Planning Department in consultation with a qualified paleontologist, where paleontological resources are known to exist. These maps are on file in the Planning Department.
“Paleontological survey” means a preliminary investigation of a potential paleontological site prepared under the direction of the Environmental Coordinator or a qualified paleontologist approved by the County. The purpose of the survey is to determine the extent and potential significance of paleontological resources on a parcel where a development project is proposed.
“Planning Director” means the Director of the Planning Department or his or her authorized designee. [Ord. 3446 § 1, 1983; Ord. 3343 § 1, 1982].
16.44.040 Paleontological assessments required.
(A) Paleontological Survey. A paleontological survey shall be required for the following development activities located in areas of known paleontological resources as shown on the paleontological resource protection maps:
(1) All development projects which will result in ground disturbance; and
(2) All shoreline protection projects and shoreline access projects.
(B) Paleontological Report. A paleontological report shall be required if the Environmental Coordinator determines on the basis of the paleontological survey that further information is required to ensure protection of paleontological resources.
(C) Environmental Review. Where environmental review of a development project is also required by the Santa Cruz County environmental review guidelines, the paleontological survey or report shall be incorporated into the environmental review procedures established therein. [Ord. 3446 § 1, 1983; Ord. 3343 § 1, 1982].
16.44.050 Applications, preparation and review of assessments.
(A) Application. Applications for approvals granted pursuant to this chapter shall be made in accordance with the requirements of Chapter 18.10 SCCC, Level III, and shall include the following: An accurate plot plan showing the property lines and the location and type of existing and proposed development and other features such as topography, easements, and coastal access points; any other information deemed necessary by the Planning Director shall be submitted upon request.
(B) Preparation of Assessments. The paleontological survey shall be prepared by the County under the direction of the Environmental Coordinator or by any qualified paleontologist approved by the County at the applicant’s choice and expense. The paleontological report shall be prepared by a qualified paleontologist on contract with the County or by any qualified paleontologist approved by the County, at the applicant’s choice and expense. Such assessments shall, however, be subject to acceptance as specified in subsection (C) of this section. All paleontological surveys and reports shall conform to procedures and guidelines established by the Planning Director.
(C) Acceptance and Review of Assessments. All paleontological surveys and reports must conform to County report procedures and guidelines as determined by the Environmental Coordinator. When technical issues are complex, the report may be reviewed for adequacy by a paleontologist retained by the County. [Ord. 3446 § 1, 1983; Ord. 3343 § 1, 1982].
16.44.060 Project review.
In granting the required permit(s) for a project on the site of a significant paleontological resource, the Planning Director shall attach reasonable conditions to ensure compliance with the purposes of this chapter. In establishing these conditions, the Planning Director shall balance the value and significance of the paleontological resource against the need to avoid unnecessary financial hardship to the project applicant.
Such conditions may include, but shall not be limited to, the following:
(A) The applicant shall have a qualified paleontologist approved by the County present to observe, to examine and to evaluate the site during ground disturbing development activities. The period of such observation shall not be longer than five working days. The project developer shall provide necessary development plans and schedules to facilitate the work of the paleontologist. The County shall not be liable for the costs arising from any delay of the project.
(B) The applicant shall convey to a County-approved paleontological research institute or museum any fossil finds which have been determined by the Environmental Coordinator to be of unique scientific or educational value. [Ord. 3446 § 1, 1983; Ord. 3343 § 1, 1982].
16.44.070 Resources discovered during development.
(A) Discovery. After a development permit has been issued, if the paleontologist determines from observation and examination during development activities that significant paleontological resources exist on the project site that were not identified in the paleontological survey or report, then the paleontologist shall notify the property owner and developer and the Planning Director. The project developer, upon notification, shall immediately cease and desist from excavation or disturbance of the project site, and shall allow inspection of the site by the Planning Director.
(B) Notification. Within three working days after such notification, the Planning Director shall arrange for a site inspection with the property owner and the paleontologist, and may invite representatives of recognized paleontological research institutes and museums.
(C) Additional Project Conditions. Based on the inspection, the Planning Director shall determine whether a supplement to the paleontological survey or report shall be required and/or whether the existing permit conditions must be amended, based on the new information or discoveries. The Planning Director may amend the permit to include such additional conditions as are necessary to further the purposes of this chapter. Where a supplement to a paleontological survey or report is required, it shall be prepared by a qualified paleontologist approved by the County, at the applicant’s choice and expense. Where additional paleontological field activity is required, such as the removal of fossils, the work shall be accomplished, at no cost to the property owner or the County, by volunteer labor from groups, such as Cabrillo College, University of California, Santa Cruz, and Santa Cruz Museum Association.
(D) Resumption of Development. Resumption of ground disturbing activities shall be authorized within 30 days of the inspection and after compliance with the provisions of subsection (C) of this section. The date of authorized resumption of excavation and development may be extended up to 30 additional days by order of the Board of Supervisors. [Ord. 4496-C § 92, 1998; Ord. 3446 § 1, 1983; Ord. 3343 § 1, 1982].
16.44.080 Fees.
Fees deemed necessary for the administration and implementation of this chapter, including the preparation of surveys and reports, shall be set by resolution of the Board of Supervisors. [Ord. 3446 § 1, 1983; Ord. 3343 § 1, 1982].
16.44.090 Appeals.
All appeals of actions taken pursuant to the provisions of this chapter shall be made in conformance to the procedures of Chapter 18.10 SCCC. Until the completion of such appeal hearings, development activity which results in ground disturbance shall not be permitted on a project site, or part of a site, where paleontological resources have been identified. [Ord. 3446 § 1, 1983; Ord. 3343 § 1, 1982].
16.44.100 Violation defined.
It shall be unlawful for any person whether as owner, principal, agent, or employee or otherwise to perform an action or allow a situation to continue that violates the provisions of this chapter or violates any permit conditions required pursuant to this chapter. [Ord. 4392A § 16, 1996; Ord. 3446 § 1, 1983; Ord. 3343 § 1, 1982].