8178-3 - Archaeological and paleontological resources[[7]]

Footnotes:

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Editor's note— Ord. No. 4492, § 6, adopted June 21, 2016, amended § 8178-3 in its entirety, in effect repealing and replacing said section to read as herein set out. Former § 8178-3, pertained to similar subject matter, and derived from the original codification.

The purpose of this section is to protect archaeological resources in the Coastal Zone.

(Ord. No. 4492, § 6, 6-21-2016)

The following standards shall apply to all proposed development in order to protect archaeological resources that can be disturbed by human activities. Development that does not have the potential to affect archeological resources, does not require further review.

(Ord. No. 4492, § 6, 6-21-2016)

8178-3.1.2 - Methodology. 8178-3.1.2.1 - Initial evaluation.

a.

The Planning Division shall conduct a search of County records to determine if areas proposed to be disturbed, including but not limited to all building envelopes, access roads, subsurface structures, well sites, trenching

sites, or other ground disturbance sites), have undergone a Phase I Inventory in accordance with Section 81783.1.2.2 (below).

b.

If a Phase I Inventory was conducted for the area proposed for development, the findings and recommendations shall be reviewed by the Planning Division to verify that all areas proposed for development were included in the Phase I Inventory.

c.

If the project area is undeveloped and no archaeological survey has been conducted, or portions of the project site were not included in a previous Phase I Inventory, the Planning Division shall contact the South Central Coast Information Center at Cal State Fullerton (SCCIC) to determine if a Phase I Inventory will be required.

(Ord. No. 4492, § 6, 6-21-2016)

a.

A Phase I Inventory shall be prepared by a Qualified Archaeological Consultant and shall include a record search, Sacred Lands File search, and a surface survey as follows:

1.

A record search shall be procure information from the SCCIC or Regional Historical Resources Information Center and shall determine the following:

i.

Whether a part or all of the project area was previously surveyed for archaeological resources;

ii.

Whether any known archaeological resources were already recorded on or adjacent to the project area; and,

iii.

Whether the probability is low, moderate, or high that archaeological resources are located within the project area.

2.

A Sacred Lands File search shall be requested from the Native American Heritage Commission to determine the presence of Native American archaeological resources and to obtain the most recent list of Native American individuals/organizations that may have knowledge of archaeological resources in the project area.

3.

A surface survey shall be performed to determine the presence or absence of archaeological resources.

b.

The Phase I Inventory Report shall include:

1.

An overview of the archaeological context within which to evaluate the type, nature and significance of prehistoric resources (i.e., material remains of Native American societies and their activities) or ethnohistoric resources (i.e., Native American settlements occupied after the arrival of European settlers in California) that may be encountered in the project area;

2.

An historical context to determine if any archaeological resources meet the criteria for an historic resource pursuant to Section 8178-3.1.2.3;

3.

A description of how the surface survey was conducted;

4.

An assessment identifying the importance or absence of subsurface archaeological resources and any potential direct or indirect effects from the proposed development on archaeological resources;

5.

Resource management recommendations;

6.

Copies of the records search; and

7.

Official state forms (i.e., Building, Structure and Object (BSO) Record, Archaeological Site Record and/or District Record) if archaeological resources are encountered.

A copy of the Phase I Inventory shall be reviewed and approved by the Planning Director and filed with the South Central Coastal Information Center (California State University Fullerton) or Regional Historical Resources Information Center.

c.

Where, as a result of the Phase I Inventory, the Qualified Archaeological Consultant determines, with the approval of the Planning Director, that the potential for encountering archaeological resources is low, no further analysis is required. However, the project will be conditioned that in the event of an unanticipated discovery, construction shall be halted in the area of the find and the permittee shall contact the Planning Director, the qualified archaeological consultant and the State Historic Preservation Officer to assess the significance and treatment options.

(Ord. No. 4492, § 6, 6-21-2016)

8178-3.1.2.3 - Archaeological resources determined to be historic resources.

a.

Where, as a result of the Phase I Inventory, the Qualified Archaeological Consultant determines, with the approval of the Planning Director, the archaeological site is also an historic resource, the Planning Director, in consultation with the Qualified Archaeological Consultant, the Ventura County Cultural Heritage Board, and the State Historic Preservation Officer, shall develop a plan for mitigating the effect of the project on the qualities that make the resource significant consistent with the criteria for mitigation in Section 8178-3.1.4, with an emphasis on avoiding impacts to the resource and preserving it in place.

b.

Where the, Qualified Archaeological Consultant determines, with the approval of the Planning Director, the archaeological site does not meet the criteria for an historic resource as defined in Article 2 but does meet the definition of archaeological resource, the Qualified Archaeological Consultant's recommendations, with the approval of the Planning Director, shall determine the subsequent course of action.

(Ord. No. 4492, § 6, 6-21-2016)

a.

Where the approved Phase I Report identifies a moderate to high potential for encountering significant archaeological resources in the project area, a Phase II Evaluation of archaeological resources shall be required.

b.

Notwithstanding the foregoing, the Planning Director may waive the preparation of a Phase II Evaluation if all of the following conditions are met:

1.

Based upon substantial evidence, the Planning Director determines that although the Phase I Inventory indicates the presence of prehistoric or ethnohistoric resources are present, it is unlikely that the project site will contain archaeological 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);

2.

Project applicant provides monitoring of all excavation and trenching by an Archaeologist, Qualified Consultant and qualified Native American monitor, chosen in consultation with the Native American Heritage Commission if the resource is significant to Chumash or Native American prehistory or history; and

3.

A Qualified Archaeological Consultant prepares a Construction Monitoring Plan that includes the following:

• Procedures for archaeological and Native American monitoring of all earth-moving activities related to project construction;

• An action plan for treating discoveries of archeological resources including sampling procedures to be used, data recovery methods to be employed, and the anticipated approach to post-field data analysis and reporting.

c.

If a Phase II Evaluation is required, the [Qualified Archaeological Consultant] shall provide a written scope of work that details the recording, mapping, and collection procedures, time frames and cost. Prior to initiating the Phase II Evaluation pursuant to Section 8178-3.1.2.6, the Planning Director shall review and approve the scope of work.

d.

During the Phase II Evaluation, the Qualified Archaeological Consultant shall recover sufficient samples to allow the formulation of more complete interpretations regarding the spatial disposition of artifacts across the site, as well as the likely age and function of discreet components or activity areas within the site. The evaluation shall consist of the following:

1.

Subsurface exploration techniques including hand and/or auger excavations, and shovel test pits or trenches, as determined by the Qualified Archaeological Consultant;

2.

A delineation of the site boundaries of the archaeological resources;

3.

A detailed analysis of the material recovered; and

4.

An assessment of resource integrity.

e.

Earth disturbing activities associated with the Phase II Evaluation shall be confined to the direct area of the project's potential effects except when otherwise indicated in the approved scope of work.

f.

Prior to approval of a Planned Development Permit for the project, a final Phase II Evaluation report with recommendations of impact mitigation shall be submitted to the Planning Director for review and approval and shall be filed with the South Central Coastal Information Center (California State University Fullerton) or Regional Historical Resources Information Center.

(Ord. No. 4492, § 6, 6-21-2016)

8178-3.1.2.5 - Phase III Mitigation.

a.

Where as a result of the Phase II Evaluation the Qualified Archaeological Consultant determines that the project may adversely affect archaeological resources that yield or have the potential to yield significant information regarding prehistory or history only with archaeological methods, and therefore data recovery necessary for cultural and scientific discovery would serve as the primary mitigation method, with the approval of the Planning Director, a Phase III archaeological mitigation plan for the treatment of impacted archaeological resources shall be prepared.

b.

Where the Qualified Archaeological Consultant determines that the project may adversely affect archaeological resources other than those that have the potential to yield significant information regarding history or prehistory, with the approval of the Planning Director, the project shall be subject to the mitigation criteria in Section 8178-3.1.4. The Phase III archaeological mitigation plan shall be prepared by the Qualified Archaeological Consultant and shall include a Data Recovery Plan that proposes how the archaeological excavation will be carried out, and shall require the preparation of a Data Recovery Report summarizing the results of the archaeological excavation(s).

c.

Excavations shall be confined to the direct area of the project's potential effects except when otherwise indicated in a Data Recovery Plan. The Data Recovery Plan shall include but not be limited to the following:

1.

The nature and purpose of the Data Recovery Plan, dates of the fieldwork, names, titles, and qualifications of personnel involved, and nature of any permits or permission obtained;

2.

The level of excavation needed;

3.

The analytical protocols for the data;

4.

Detailed notes, photographs, and drawings of all excavations and soil samples; and

5.

The location of where archaeological resources will be curated.

d.

The Data Recovery Plan shall be submitted with the permit application, shall be reviewed for adequacy by the Planning Director, and shall be subject to approval as part of the permit application for the development. A follow-up Data Recovery Report shall be submitted to the Planning Division following the archaeological excavation detailing the implementation of the Data Recovery Plan and recovery measures that were performed, including the integrity of the site deposits and any other information, as necessary.

(Ord. No. 4492, § 6, 6-21-2016)

a.

Where as a result of the Phase I Inventory and/or Phase II Evaluation, the Qualified Archaeological Consultant recommends archaeological monitoring to occur during earth moving activities related to project construction, with the approval of the Planning Director, the Qualified Archaeological Consultant retained by the permittee shall select a qualified archaeological monitor and, if the resource is significant to Chumash or Native American prehistory or history, a Native American monitor shall be retained in consultation with the Native American Heritage Commission to be used for that site only.

b.

If any archaeological resources are found in the course of excavation or trenching, work shall immediately cease in the area of the find. Work shall be redirected, where feasible, until the Qualified Archaeological Consultant can provide an evaluation of the nature and significance of the resources and recommend appropriate mitigation measures. The Planning Director shall review and approve additional mitigation measures, as recommended, where such measures are in substantial conformance with the approved permit. The permittee shall obtain the Planning Director's written concurrence of the approved recommendations before resuming construction activities. Where mitigation measures comprise additional development that is not substantially in conformance with the approved permit, a new permit or permit modification shall be required.

c.

If human remains are encountered, no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains shall occur until the County Medical Examiner has been contacted.

d.

If the County Medical Examiner determines that the human remains are those of a Native American, or has reason to believe that they are those of a Native American, he or she shall contact the Native American Heritage Commission by telephone within twenty-four (24) hours.

e.

Upon the discovery of Native American remains, the permittee shall ensure that the immediate vicinity is not damaged or disturbed by further development activity until the permittee has discussed and conferred with the most likely descendants regarding the descendants' preferences and all reasonable options for treatment and disposition of the remains, in accordance with Public Resources Code section 5097.98.

f.

Whenever the Native American Heritage Commission is unable to identify a descendant, or the descendants identified fail to make a recommendation, or the landowner or his or her authorized representative rejects the recommendation of the descendants and the mediation provided for in subdivision (k) of Public Resources Code section 5097.94, if invoked, fails to provide measures acceptable to the landowner, the landowner or his

Heritage Commission is unable to identify a descendant, or the descendants identified fail to make a recommendation, or the landowner or his or her authorized representative rejects the recommendation of the descendants and the mediation provided for in subdivision (k) of Public Resources Code section 5097.94, if invoked, fails to provide measures acceptable to the landowner, the landowner or his

or her authorized representative shall reinter the human remains and items associated with Native American human remains with appropriate dignity on the property in a location not subject to further and future subsurface disturbance. To protect the sites, the landowner shall record the site with the Native American Heritage Commission, South Central Coastal Information Center (California State University Fullerton) and/or Regional Historical Resources Information Center.

(Ord. No. 4492, § 6, 6-21-2016)

Where new development may adversely impact archaeological resources, mitigation shall be required. Mitigation measures subject to the review and approval of the Planning Division shall be prepared by a Qualified Archaeological Consultant to minimize impacts to archaeological resources to the maximum extent feasible, in consultation with Native American tribal groups approved by the Native American Heritage Commission for the area, and the State Historic Preservation Officer, and consistent with the following mitigation criteria.

a.

The following mitigation measures to reduce impacts to archaeological resources shall be undertaken in the following order:

1.

Except as allowed pursuant to Section 8178-3.1.2.5, preserve the resources in place or in an undisturbed state using the following methods:

i.

Planning construction to avoid archaeological sites;

ii.

Planning parks, green space, or other open space to incorporate archaeological sites;

iii.

Capping or covering archaeological sites only when avoidance is not possible and with a sufficiently thick protective layer of soil before building tennis courts, parking lots or other paved surfaces;

iv.

Protecting archaeological sites pursuant to easements or other legal instruments recorded with the Office of Ventura County Recorder in the property's chain of title.

2.

Where in-situ preservation is not feasible, or where specifically allowed pursuant to Section 8178-3.1.2.5, partial or total recovery of archaeological resources shall be conducted pursuant to the recommendations included in the Phase I and II reports approved by the Planning Director.

Other mitigation measures, as appropriate.

(Ord. No. 4492, § 6, 6-21-2016)

The purpose of this section is to protect important paleontological resources in the coastal zone.

(Ord. No. 4492, § 6, 6-21-2016)

The following standards shall apply to all proposed development in order to protect important paleontological resources that may be damaged or destroyed by the proposed development.

(Ord. No. 4492, § 6, 6-21-2016)

a.

The Planning Division shall perform a preliminary assessment of the proposed project and all areas that will be disturbed and the depth of disturbance. As part of the assessment, the geologic formation in which the project shall be located, and its relative paleontological importance, shall be identified using the following table:

• Table 1 Legend—Paleontological Importance:

Bureau of Land Management Paleontological Classifications:

Paleontological Resource, High—Geologic units containing a high occurrence of scientifically significant fossils known to occur and have been documented, but may vary in occurrence and predictability. Surface disturbing activities may adversely affect these paleontological resources in many cases.

Paleontological Resource, Moderate—Geologic units may contain vertebrate fossils or scientifically significant non-vertebrate fossils, but where occurrences are widely scattered. The potential for a project to be sited on or impact a scientifically significant fossil locality is low; however the potential still exists.

Paleontological Resource, Low—Geologic units that are not likely to contain vertebrate fossils or scientifically significant non-vertebrate fossils. Units are generally younger than ten thousand (10,000) years before present in sediments that exhibit significant physical and chemical changes. The probability for impacting vertebrate or non-vertebrate or plant fossils is low.

Paleontological Resource, None—No potential for geologic units to contain vertebrate fossils because the formation is Conjeo volcanics, granite or basalt, or the area that will be disturbed is imported or artificial fill.

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b.

The Planning Division shall utilize the results of its preliminary assessment as follows:

1.

No further assessment is required for the following areas unless important paleontological resources are discovered during earth moving activities:

• The proposed development is located on artificial fill, igneous or metamorphic rock.

• If the underlying geologic formation is located in an area of Quaternary Deposits (alluvium), Holocene and Pleistocene epochs, and has an importance rating of Low or None.

2.

An assessment of the proposed development, which shall be conducted by a qualified paleontological consultant or registered geologist, shall be required for the following:

• If the underlying geologic formation is located in an area of Quaternary Deposits (alluvium), Holocene and Pleistocene epochs, and has an importance rating of Moderate, Moderate to High, or High.

• If the underlying geologic formation is located within the Tertiary geologic period, Pliocene, Miocene, Oligocene epochs.

The assessment shall include literature and archival reviews at the appropriate museum (Natural History Museum of Los Angeles County or other curating facility), consultations with geologists and paleontologists knowledgeable about the paleontological potential of rock units present in the vicinity of the proposed project, and a field survey of the areas where earth-moving activities such as grading, trenching, drilling, tunneling, and boring are proposed.

3.

If the assessment determines that there is a potential for important paleontological resources to be buried at a depth beneath alluvium or artificial fill that will not be disturbed by earth-moving activities, documentation from a qualified paleontologist or registered geologist shall be submitted demonstrating that the project will have no impact on paleontological resources.

4.

Where as a result of the assessment, the qualified paleontological consultant, with approval by the Planning Director, determines proposed earth-moving activities have the potential to disturb important paleontological resources, the qualified paleontological consultant shall prepare a Paleontological Resources Monitoring and Mitigation Plan (PRMMP) that includes:

• Documentation of the location of recorded fossil sites within the area of proposed development;

• Documentation of other stratigraphic levels, as determined necessary by the paleontological consultant or registered geologist;

• Verification or modification of the level of paleontological importance assigned to each formation within the area of proposed development;

• Identification of any potential adverse effects from the proposed development on important paleontological resources;

• Evaluation of all mitigation opportunities pursuant to Section 8178-3.2.4, including siting and design alternatives to avoid impacting the resources;

• Identification of alternatives where there is a potential to impact important paleontological resources; and

• Procedures for preconstruction coordination including informing construction personnel of the possibility of encountering fossils, how to recognize paleontological resources, and proper notification procedures, discovery procedures, and where approved, sampling and data recovery, cataloguing, and museum curation for specimens and data recovered.

5.

The documentation or PRMMP shall be reviewed for adequacy by the Planning Director and shall be subject to approval as part of the permit application for the development.

6.

For those projects requiring a PRMMP, after all earth-moving activities are completed, a final report shall be submitted to the Planning Director for approval. The final report shall include but not be limited to the following:

• Documentation of the location of any paleontological resources identified during earthmoving activities;

• Description of the paleontological importance;

• The curation location; and

• Documentation of the monitoring activities.

7.

The qualified paleontological consultant shall inform the Ventura County Cultural Heritage Board of important paleontological resource discoveries.

(Ord. No. 4492, § 6, 6-21-2016)

a.

Where earth-moving activities may impact important paleontological resources, a paleontological monitor must be present during earth-moving activities. After fifty (50) percent of excavations are complete in either an area or rock unit and no fossils of any kind have been discovered, the level of monitoring can be reduced or

suspended entirely subject to written approval of the Planning Director where specifically allowed in the approved permit conditions.

b.

If fossil remains are found during earth moving activities, the earth moving activities must halt and the qualified paleontological consultant shall be notified to assess the site and determine further mitigation measures, as appropriate. The Planning Director shall review and approve additional mitigation as recommended where such measures are in substantial conformance with the approved permit. The permittee shall obtain the Planning Director's written concurrence of the approved recommendations before resuming earth moving activities. Where mitigation measures comprise additional development that is not substantially in conformance with the approved permit, a new permit or permit modification shall be required.

(Ord. No. 4492, § 6, 6-21-2016)

Where earth-moving or other development activities may adversely affect important paleontological resources, mitigation shall be required. Mitigation measures subject to the review and approval of the Planning Division shall be prepared by a qualified paleontological consultant or registered geologist to minimize impacts to important paleontological resources to the maximum extent feasible and consistent with the following mitigation criteria. Mitigation measures shall be subject to approval as part of the discretionary permit application.

a.

The following mitigation measures to reduce impacts to important paleontological resources shall be undertaken in the following order:

1.

Planning construction to avoid paleontological sites;

2.

Protecting significant paleontological areas pursuant to easements or other legal instruments recorded with the Office of Ventura County Recorder in the property's chain of title.

b.

Where in-situ preservation is not feasible, partial or total recovery of paleontological resources shall be conducted pursuant to the recommendations included in the approved PRMMP pursuant to Section 81783.2.2.b.

c.

Other mitigation measures, as appropriate.

(Ord. No. 4492, § 6, 6-21-2016)

8178-4 - Mitigation of potential hazards.

8178-4.1 - All new development shall be evaluated for potential impacts to, and from, geologic hazards (including seismic hazards, landslides, expansive soils, subsidence, etc.), flood hazards and fire hazards. New development shall be sited and designed to minimize risks to life and property in areas such as floodplains, blufftops, twenty (20) percent or greater slopes, or shorelines, where such hazards may exist. New development shall be sited and designed so as not to cause or contribute to flood hazards, or lead to the expenditure of public funds for flood control works. Feasible mitigation measures shall be required where necessary.

8178-4.2 - If the available data indicates that a new development as proposed will not assure stability and structural integrity and minimize risks to life and property in areas of potential hazards, or will create or contribute significantly to erosion or geologic instability, then the County shall require the preparation of an engineering geology report at the applicant's expense. Such report shall be in accordance with all applicable provisions of this Article and of the Coastal Area Plan policies, and shall include feasible mitigation measures that will be used in the proposed development, as well as the following applicable information to satisfy the standards of Section 8178-4.1:

(a)

Blufftop and twenty (20) percent or Greater Slope Development. For these areas, the County may require the following information:

(1)

Cliff geometry and site topography, extending the surveying work beyond the site as needed to depict unusual geomorphic conditions that might affect the site;

(2)

Historic, current and foreseeable cliff erosion data, including an investigation of recorded land surveys and tax assessment records in addition to the use of historic maps and photographs, where available, and possible changes in shore configuration and sand transport;

(3)

Geologic conditions, including soils, sediment and rock types and characteristics, in addition to structural features, such as bedding, joints, and faults;

(4)

Evidence of past or potential landslide conditions, the implications of such conditions for the proposed development, and the potential effects of the development on landslide activity;

(5)

Impact of construction activity on the stability of the site and adjacent area;

(6)

Ground and surface water conditions and variations, including hydrologic changes caused by the development (i.e., introduction of sewage effluent and irrigation water to the ground water system; alterations in surface drainage);

(7)

Potential erodibility of site;

(8)

Effects of marine erosion on seacliffs;

(9)

Potential effects of seismic forces resulting from a maximum credible earthquake;

(10)

Any other factors that might affect slope stability.

(b)

Shoreline Protective Devices. See Section 8175-5.12.

(Ord. No. 4451, § 9, 12-11-2012)

8178-4.3 - Structures for human habitation (regularly, habitually, or primarily occupied by humans) shall be set back a minimum of 50 feet from an active fault. This setback may be increased when geologic conditions warrant.

8178-5 - Agricultural lands.

To maintain agricultural viability, the following standards must be met, or be capable of being met with appropriate conditions and limitations. These standards apply to all developments, including land divisions, either in or adjacent to agricultural areas. The applicant shall have the burden of proving these standards can be met:

a.

The establishment or maintenance of the use or development will not significantly reduce, restrict or adversely affect agricultural resources or the economic viability of commercial agricultural operations on-site or in the area.

b.

All structures will be sited to minimize conflicts with agricultural operations.

c.

The minimum amount of agricultural land shall be removed from production.