Chapter 16.40
NATIVE AMERICAN CULTURAL SITES
Sections:
16.40.010 Policy and purposes.
16.40.030 Archaeological assessments required.
16.40.040 Site discovered during excavation or development.
16.40.050 Issuance of an archaeological site development approval.
16.40.060 Issuance of archaeological excavation approval.
16.40.090 Repealed.
16.40.100 Repealed.
16.40.010 Policy and purposes.
The Board of Supervisors of the County of Santa Cruz hereby finds and declares that there exist in the County of Santa Cruz areas of great importance for the study and preservation of the past of the Native Americans of California. These Native American cultural sites contain unique, irreplaceable resources significant to the history of the County and for the cultural heritage of our and of all humankind. Such sites have a deep, spiritual significance to all Native Americans, especially the native peoples of the State of California, and constitute a precious archaeological and historical heritage which is fast disappearing as a result of public and private land development. It is the policy of Santa Cruz County to preserve and protect these sites and resources for their historic, cultural, educational, and scientific values. This chapter establishes regulations for the protection, enhancement, and perpetuation of Native American cultural sites in order to promote the public welfare, and to implement the stated policies of the County’s General Plan and the Land Use Plan of the Local Coastal Program. [Ord. 3444 § 1, 1983; Ord. 3334 § 1, 1982; Ord. 2385, 1977].
16.40.015 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 Coastal 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. 3444 § 1, 1983; Ord. 3334 § 1, 1982; Ord. 2385, 1977].
16.40.020 Definitions.
All terms used in this chapter shall be as defined in the General Plan or Local Coastal Plan glossaries, except as noted below.
“Archaeological excavation permit” means a permit issued pursuant to SCCC 16.40.060 to a qualified professional archaeologist, authorizing excavation of a Native American cultural site for scientific purposes or as a mitigation-of-damage measure in order to preserve a sample of the remains, artifacts, or other evidence.
“Archaeological report” means a comprehensive investigation of a Native American cultural site prepared by a qualified professional archaeologist. The purpose of the report is to determine the extent of the site.
“Archaeological resource (or resources)” means artifacts and/or human remains which provide culturally significant evidence of the Native American people of California.
“Archaeological sensitive areas” means 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 are on file in the Planning Department.
“Archaeological site development approval” means an approval which is required when culturally significant archaeological resources are discovered during development or excavation, pursuant to SCCC 16.40.050. The permit establishes the conditions which shall be met before the owner of property containing a Native American cultural site may resume project development.
“Archaeological survey” means 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 a Native American cultural site on a parcel for which a project is proposed.
“Artifact” means material remains which provide evidence of the activities of a prehistoric culture or historic tribe.
“Burial” means the placement of human remains in a grave inside or outside a burial park.
Cultural Significance. A Native American cultural site shall be deemed a site of “cultural significance” if the site provides a valid sample of a prehistoric culture or historic tribe, or category of activity associated with a prehistoric culture or historic tribe which enhances the study and preservation of the past of the Native Americans of California.
“Discretionary project” means a project requiring one or more of the following permits: use permit, planned development permit, planned unit development permit, mobile home planned unit development permit, grading permit, timber harvest permit, mining permit, subdivision or minor land division.
“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 excavation, grading, placement of structures, trenching for utilities or foundations, but excluding the cultivation of the soil for agricultural purposes.
“Human remains” means the body, or any part thereof, of a deceased human being in any stage of decomposition.
“Interment” means the disposition of human remains by inurnment, entombment, or burial.
Knowingly. A person who disturbs, excavates, or causes to be disturbed or excavated a Native American cultural site shall be deemed to have done so “knowingly” if the person knew, or should reasonably have known, that the area contained artifacts, remains, or other evidence of a Native American cultural site.
“Native American cultural site” means 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 which are at least 100 years of age. Whenever the word “site” is used in this chapter, it shall be deemed to mean a Native American cultural site.
“Native California Indian” means a person who is a direct descendant of a people who inhabited California before the arrival of the Europeans.
“N.I.C.P.A.” means the Santa Cruz County Chapter of the Northwest Indian Cemetery Protective Association.
“Planning Director” means the Director of the Planning Department or his or her authorized designee.
“Property owner” means the owner or other person in lawful possession of property or an authorized agent of the owner, such as a building contractor or developer, on which a discovery of a suspected or confirmed Native American cultural site has been made.
“Recorded Native American cultural site” means a known Native American cultural site which has been officially recorded with a recognized scientific archaeological body, such as the California Archaeological Site Survey. Information on recorded sites is available to the Santa Cruz County Planning Department and individual property owners through the California Archaeological Site Survey. [Ord. 3444 § 1, 1983; Ord. 3334 § 1, 1982].
16.40.030 Archaeological assessments required.
(A) Archaeological Survey. An archaeological survey shall be required for any discretionary project which will result in ground disturbance and which will be located within a mapped archaeological sensitive area. In addition, an archaeological survey shall be required for any project which will result in ground disturbance within 500 feet of a recorded Native American cultural site. The archaeological survey shall be prepared according to procedures established by the Planning Director.
Based on the results of the archaeological survey, the Environmental Coordinator shall determine if a project site contains a site of cultural significance. If the site is determined to be culturally significant and if development of that project will result in disturbance of the site, then the Environmental Coordinator shall inform the property owner that an archaeological report must be prepared.
(B) Archaeological Report. An archaeological report shall be required prior to the issuance of any project permits when a project site contains a culturally significant Native American cultural site and when development of the project will result in the disturbance of that site. In some cases an archaeological report may be required before an archaeological site development permit is issued, pursuant to SCCC 16.40.050.
The archaeological report shall be prepared by a professional archaeologist with the costs borne by the project developer and according to procedures established by the Planning Director. The report shall provide an inventory of the archaeological resources, an evaluation of their significance, and appropriate mitigation measures for the protection, preservation, or excavation of the site and its resources. Excavation can occur only under provisions of SCCC 16.40.060. [Ord. 3444 § 1, 1983; Ord. 3334 § 1, 1982].
16.40.035 Project approval.
Whenever a Native American cultural site is discovered during the review of a proposed project any permit subsequently issued shall contain whatever conditions the Decision-Making Body shall determine to promote the purposes of this chapter. Such conditions shall be based on the archaeological report and consultation with local Native California Indian groups, such as N.I.C.P.A. Conditions shall include, but not be limited to, the following:
(A) All appropriate preservation or mitigation measures. Such measures shall include, but not be limited to, the following:
(1) Preservation of the site through project design or restrictions on use and/or grading, such as restricting improvement and grading activities to portions of the property not containing the resource, or covering the site with earthfill to a depth where the site will not be disturbed by development as determined by a professional archaeologist; and/or
(2) Excavation of the site by a professional archaeologist in order to preserve a sample of the remains, artifacts, or other evidence. Such excavation may take place only as authorized by an archaeological excavation permit.
(B) A provision that if previously undiscovered human remains are encountered during the course of excavation or development, the procedures of SCCC 16.40.050 et seq., be followed.
(C) A provision that the applicant pay the full costs of any preservation or mitigation measures required under subsections (A) and (B) of this section. [Ord. 3444 § 1, 1983; Ord. 3334 § 1, 1982; Ord. 2385, 1977].
16.40.040 Site discovered during excavation or development.
(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 artifact or other evidence of a Native American cultural site which reasonably appears to exceed 100 years of age, shall:
(1) Cease and desist from all further excavations and disturbances within 200 feet of the discovery.
(2) Arrange for staking completely around the area of discovery by visible stakes no more than 10 feet apart, forming a circle having a radius of no less than 100 feet from the point of discovery; provided, however, that such staking need not take place on adjoining property unless the owner of the adjoining property authorizes such staking.
(3) Notify the Sheriff-Coroner of the discovery if human remains have been discovered. Notify the Planning Director if the discovery contains no human remains.
(4) 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.
(B) Recent Human Remains. If the Coroner determines that the remains are of recent origin, and that they are not a part of a site, then the provisions of this chapter shall no longer apply, and the Coroner shall notify the property owner when excavation or development may proceed. If the Coroner determines that the remains are not obviously of recent origin, the Coroner shall forthwith notify the Planning Director of the discovery of said remains.
(C) Property Inspection. Upon notification of the discovery, the Planning Director shall arrange for an inspection of the property. Said inspection shall take place within 72 hours of notice to the Director of the discovery. A representative of local Native California Indian groups, such as N.I.C.P.A., and the property owner shall be notified of the time of the inspection and both may accompany the Director and his/her representative at all times on the property. The purpose of the inspection shall be to determine whether the discovery is a site of cultural significance.
(D) Resumption of the Development.
(1) If the aforementioned inspection has not taken place within 72 hours 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 that the discovery is not a site of cultural significance, the Director shall notify the property owner of such determination, and excavation or the development may be resumed. Such 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 no further excavation or development may take place except as authorized by an archaeological site development approval. [Ord. 3444 § 1, 1983; Ord. 3334 § 1, 1982; Ord. 2800, 1979; Ord. 2506, 1977; Ord. 2385, 1977].
16.40.050 Issuance of an archaeological site development approval.
(A) When the Planning Director has determined that a culturally significant site has been discovered during excavation or development the Planning Director shall require an archaeological site development approval prior to resumption of excavation or development. Application for such approval shall be in accordance with Chapter 18.10 SCCC, Level III.
(B) The archaeological site development approval shall be reviewed by the Planning Director or his designee in accordance with Chapter 18.10 SCCC, Level III and shall contain conditions established by the Planning Director, in consultation with local Native California Indian groups, such as N.I.C.P.A., and based upon the findings of an archaeological report, where one is required, in order to promote the purposes of this chapter. In establishing these conditions, the Director shall balance the need for preserving the site against the need to avoid unnecessary financial hardship to the property owner and all persons engaged in construction on the site.
(C) In all cases, the archaeological site development approval shall authorize resumption of excavation or development within 30 days of the date of the aforementioned on-site inspection or receipt of the archaeological report, if required. The date for resumption of ground disturbance may be extended up to 45 additional days by order of the Board of Supervisors. Any excavation, study, disinterment or reinterment required by the approval shall be accomplished at no cost to the property owner or County, by volunteer labor from groups such as Cabrillo College, University of California, Santa Cruz, Santa Cruz Archaeological Society, and N.I.C.P.A., unless such work is required as a condition of an approval under provisions of SCCC 16.40.035. The County shall not be liable for costs arising from the delay of the project. [Ord. 3444 § 1, 1983; Ord. 3334 § 1, 1982; Ord. 2800, 1979; Ord. 2506, 1977; Ord. 2385, 1977].
16.40.060 Issuance of archaeological excavation approval.
(A) Any qualified professional archaeologist who proposes to excavate a Native American cultural site and who is not otherwise authorized to do so pursuant to SCCC 16.40.050 shall apply to the Planning Director for an archaeological excavation approval. Applications for archaeological excavation approvals shall be in a form approved by the Planning Director.
(B) Every application for an archaeological excavation approval shall be in accordance with Chapter 18.10 SCCC, Level III and shall contain the following information:
(1) The name, address and qualifications of the responsible archaeologist.
(2) A description and map of the exact location of the site to be excavated.
(3) A specific project termination date, not to exceed one year. Any written report required as a condition of the approval shall be filed with the Director within one year of issuance of the approval.
(4) A statement of the goals of the excavation project, and the methods and techniques to be employed in the excavation and analysis of the data.
(5) Plans to ensure that the artifacts and records will be properly preserved for scholarly research and public education, and that the artifacts will ultimately be disposed of in a manner satisfactory to local Native California Indian groups, such as N.I.C.P.A.
(6) A plan for disposing of any human remains that are discovered on the site in a manner satisfactory to local Native California Indian groups, such as N.I.C.P.A.
(7) A statement of reasons why excavation of the site will be of value to local Native California Indians or to humankind generally.
(C) Any archaeological excavation approval issued shall be reviewed by the Planning Director or his designee in accordance with Chapter 18.10 SCCC, Level III and shall contain whatever conditions the Planning Director, after consultation with local Native California Indian groups, such as N.I.C.P.A., determines to impose in order to promote the purposes of this chapter. Such conditions shall include but not be limited to an agreement to provide a list of all items removed, the date of removal, and the present location of the items. Said list shall be signed by the permittee. The Planning Department shall forward the list to the Regional Office of the Archaeological Survey. The archaeological excavation approval may also include a provision requiring publication of the data according to current professional standards.
(D) The Planning Director may issue the approval authorized by this section on an emergency basis, without requiring the detailed application form, the consultation process, and the written approval conditions provided for in subsections (A), (B), and (C) of this section, whenever there exists, as to a specific site, an immediate and pressing danger that artifacts, culturally significant materials, or any information that might be derived therefrom, will be destroyed or lost due to natural or human causes before the normal archaeological approval process could be completed. All appropriate scientific methods shall be used during such emergency excavations, and any artifacts or materials recovered shall be disposed of as provided in subsection (B) of this section. [Ord. 3444 § 1, 1983; Ord. 3334 § 1, 1982; Ord. 2800, 1979; Ord. 2506, 1977; Ord. 2385, 1977].
16.40.065 Fees.
Fees deemed necessary for the administration and implementation of this chapter shall be set by resolution of the Board of Supervisors. [Ord. 3444 § 1, 1983; Ord. 3334 § 1, 1982; Ord. 2800, 1979; Ord. 2506, 1977; Ord. 2385, 1977].
16.40.070 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. With respect to any permit or condition thereof issued under SCCC 16.40.040, the effect of the filing of any appeal under this section shall be to extend or reimpose a moratorium upon excavation or development of the Native American cultural site until a hearing is held before the Board of Supervisors. [Ord. 3444 § 1, 1983; Ord. 3334 § 1, 1982; Ord. 2800, 1979; Ord. 2506, 1977; Ord. 2385, 1977].
16.40.080 Violations.
(A) It shall be unlawful for any person knowingly to disturb, or cause to be disturbed, or to excavate, or cause to be excavated, any Native American cultural site in violation of SCCC 16.40.040(A) or (E).
(B) Except as provided in SCCC 16.40.040(D), it shall be unlawful for any person knowingly to disturb, or cause to be disturbed or to excavate, or cause to be excavated, any Native American cultural site without, or in violation of the terms of, a permit issued pursuant to SCCC 16.40.035, 16.40.050 or 16.40.060.
(C) It shall be unlawful for any person to place, install, plant or otherwise transfer to any property any artifacts, remains, or other evidence, whether real or manufactured, of a Native American cultural site for the purpose of requiring the property owner to comply with the provisions of this chapter.
(D) 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.
Any person violating the provisions of this chapter shall be guilty of a misdemeanor and subject to a fine of not more than $500.00 for each violation or by imprisonment for not more than six months or by both. Each day in which there is a disturbance of a Native American cultural site which is not authorized by this chapter shall constitute a separate violation of this chapter. [Ord. 4392A § 14, 1996; Ord. 3444 § 1, 1983; Ord. 3334 § 1, 1982; Ord. 2385, 1977].
16.40.090 Fraudulent transfers.
Repealed by Ord. 4392A. [Ord. 3444 § 1, 1983; Ord. 3334 § 1, 1982; Ord. 2385, 1977].
16.40.100 Penalties.
Repealed by Ord. 4392A. [Ord. 3444 § 1, 1983; Ord. 3334 § 1, 1982; Ord. 2385, 1977].
16.40.110 Expiration.
Unless otherwise specified, approvals issued pursuant to this chapter shall expire one year from the date of issuance if not exercised. Where approvals are issued in conjunction with a development permit granted pursuant to Chapter 18.10 SCCC, the approval shall expire in accordance with the provisions of Chapter 18.10 SCCC. [Ord. 3444 § 1, 1983].
16.40.120 Approval amendment.
Amendments to approvals granted pursuant to this chapter, whether for change of project, conditions, or expiration date or other time limits, shall be processed in accordance with the provisions of Chapter 18.10 SCCC. [Ord. 3444 § 1, 1983].