Chapter 17.11
ARCHAEOLOGICAL/PALEONTOLOGICAL RESOURCES DISTRICT

Sections:

17.11.010    Intent.

17.11.020    Coastal development permit requirements.

17.11.030    Archaeological survey report requirement.

17.11.040    Environmental assessment requirement.

17.11.050    Development standards.

17.11.010 Intent.

The purpose of this section is to provide development standards which assure the maintenance and protection of Capitola archaeological/paleontological resources. New land uses and development, both public and private, shall be considered compatible with this purpose only where they incorporate all site planning and design features necessary to avoid or mitigate impacts to archaeological resources. (Ord. 677 § 5 (part), 1989)

17.11.020 Coastal development permit requirements.

Development proposed within seven hundred fifty feet of a known archaeological/ paleontological resource, as identified through the survey report, or as shown on current Capitola resource maps or other available information, shall be required to obtain a coastal development permit. (Ord. 677 § 5 (part), 1989)

17.11.030 Archaeological survey report requirement.

A. An archaeological survey report shall be required for any development located within:

1. “Archaeological/Paleontological Sensitivity Areas” as mapped on city of Capitola resource map (LUP p. 19, Map I-1);

2. Seven hundred fifty feet of a known archaeological resource; or

3. An area with a probability of containing archaeological resources, as determined through the planner’s onsite investigation or other available information.

B. The survey report shall be required by, submitted to and approved by the city prior to the application being considered complete. Two copies of the report shall be submitted

C. The survey report shall be prepared, at the applicant’s expense, by a qualified archaeologist, as included on the city’s list of archaeological consultants or by a member of the Society of Professional Archaeologists.

D. Where construction on, or construction impacts to, an identified archaeological or paleontological site cannot be avoided, as verified in the archaeological report prepared for the project, a mitigation plan shall be required for the project. Prior to the application being considered complete, the plan shall be required by, submitted to and approved by the city. The plan shall be prepared at the applicant’s expense by a qualified archaeologist, either on the city’s list of archaeological consultants or as a member of the Society of Professional Archaeologists. Included in the plan shall be recommended preservation measures in accordance with the guidelines of the State Office of Historic Preservation and the State of California Native American Heritage Commission. The consulting archaeologist shall file the report with the State Office of Historic Preservation and where the plan contains recommendations that will impose any continuing restrictions or obligations on the property, an agreement approved by the city attorney, binding the property’s owner to the restrictions or requirements, shall be recorded. Such agreement shall list the official file number of the report and the location of the document.

E. The recommended mitigation measures contained in the archaeological survey report prepared for the site shall be made condition(s) of approval.

F. Where a mitigation plan has been prepared for a proposed development, a condition of project approval shall be that:

1. The preservation measures shall be undertaken and completed prior to the issuance of building or grading permits; or

2. Where appropriate according to the recommendations contained in the mitigation plan, the preservation measures shall be undertaken concurrent with grading or other soil-disturbing activities and shall be undertaken in accordance with the mitigation plan, as a condition of the grading or building permit; and

3. The results of the preservation activities shall be compiled into a final report prepared by the archaeologist and submitted to the city prior to the issuance of building or grading permits. Two copies of the report shall be submitted.

G. The report shall be prepared according to the report standards of the Society of Professional Archaeologists and must include, at a minimum, a field survey by the archaeologist, survey of available state resource information at the Northwest Regional Information Center of the California Archaeological Inventory, description of the site’s sensitivity and any identified archaeological resources, appropriate levels of development on the site, and recommended mitigation measures. The report may be required to include additional information, according to the circumstances of the particular site.

H. An archaeological survey report may be waived by the director of planning under the following circumstances:

1. A previous report was prepared for the site by a qualified archaeologist, as included on the city’s list of archaeological consultants or as a member of the Society of Professional Archaeologists; and

2. The report clearly and adequately included the currently-proposed development site within the scope of its survey; or

3. The proposed development does not involve land clearing or land disturbance. (Ord. 677 § 5 (part), 1989)

17.11.040 Environmental assessment requirement.

All development proposed on parcels with known archaeological resources, as identified through the survey report, shall be subject to environmental assessment under the CEQA guidelines. (Ord. 677 § 5 (part), 1989)

17.11.050 Development standards.

A. Development proposed on parcels with an identified archeological site shall be designed and located so as to avoid development on or impacts to the site. Alternative siting or location, reduction of project size, and other techniques shall be utilized where that will result in reduced impact to or nondisturbance of the archaeological site.

B. Development on parcels with an archaeological site, as identified through an archaeological report prepared for the site, shall be subject to the mitigation measures of the archaeological survey report as conditions of approval, to be completed prior to the issuance of building or grading permits. (Ord. 685 § 13, 1989; Ord. 677 § 5 (part), 1989)