Chapter 17.43 — CULTURAL RESOURCES

The purpose of this chapter is to establish standards for new development that is subject to discretionary or ministerial review and that could impact sensitive and protected archaeological and/or tribal cultural resources including sites, places, and landscapes of documented traditional cultural significance, within the City. This chapter outlines the procedures and criteria for the identification and protection of these resources. Specifically, this chapter is intended to:

• A. Preserve and protect archaeological and/or tribal cultural resources in accordance with PRC Section 21084.3(b)(2), including:

  1. Protect the cultural character and integrity of the archaeological and/or tribal cultural resource.

  2. Protect the traditional use of the archaeological and/or tribal cultural resource.

  3. Protect the confidentiality of the archaeological and/or tribal cultural resource.

• B. Foster awareness, recognition, and stewardship of the City’s archaeological and/or tribal cultural resources; and

• C. Protect, restore, and enhance significant archaeological and/or tribal cultural resources, such as native villages; seasonal campsites; burial sites; stone tool quarry sites; hunting sites; traditional trails; sites with rock carvings or paintings; documented sacred sites and places of traditional cultural value, as identified by local Tribes including areas traditionally used to gather plants for food, medicinal, or economic purposes; and objects, features, and artifact scatters, including agricultural, ranching, mining, irrigation, utility, and transportation-related features (e.g., canals, fences, roads, refuse scatters, etc.).

Consistent with Government Code Section 6254(r) (the “Public Records Act”) and Public Resources Code Section 21802.3(c) (“AB 52”), Native American archeological resources and tribal cultural resources records collected from tribes and the Native American Heritage Commission pursuant to this chapter are exempt from disclosure under the Public Records Act. (Ord. 22-05 § 8)

Unless exempted, new development that requires earth-disturbing activities shall be subject to the regulations and reporting requirements of this chapter. This section outlines the exempt and nonexempt project types.

• A. Exempt Development. The following development is exempt from the requirements of this chapter unless development is determined to be subject to Section 17.43.020(B) :

  1. Improvements/work that do not require or are expressly exempt from a Building Permit as provided in Section 105.2 of the 2019 California Building Code as amended irrespective of the presence of native or disturbed soils. As of the 2019 California Building Code, the following improvements/work are exempt from Building Permit requirements including, but are not limited to:

     • a. One-story detached accessory structures of less than 120 square feet without foundation.

     • b. Fences and block walls not over seven feet high.

     • c. Retaining walls that are not over four feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II, or IIA liquids.

     • d. Sidewalks and driveways not more than 30 inches above adjacent grade and not over any basement or story below and area not part of an accessible route.

     • e. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches deep, are not greater than 5,000 gallons and are installed entirely above ground level.

     • f. Swings and other playground equipment accessory to detached one- and two-family dwellings.

     • g. Temporary motion picture, television, and theater stage sets and scenery.

     • h. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.

     • i. Oil derricks.

     • j. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons and the ratio of the height to diameter or width is not greater than 2:1.

  2. Earth-disturbing activities affecting four cubic feet or less of native soils or no native soils and not located within a documented archaeological site and/or tribal cultural resource. Four cubic feet of disturbance of native soils is measured individually unless each disturbance occurs less than eight feet apart (typical distance for footings). Examples include, but are not limited to:

     • a. Ongoing, active agricultural operations in areas continuously used for crop cultivation.

     • b. A city project that does not involve earth disturbance beyond the footprint (width, length, and depth) of the existing facility or plant or tree.

     • c. A utility project within an existing road right-of-way that does not exceed the depth of the lowest utility line found within the affected block of road right-of-way where the project is located.

     • d. Irrigation lines, landscaping, and footings for fences, patio covers, and similar minor accessory improvements that reuse previously excavated/disturbed areas.

3. Unless exempted by Section 17.43.020(A)(1), earth-disturbing area is located within a previously disturbed area where evidence, as documented in as-built plans, previous grading plans, or other documentary evidence, is provided that the previous earth disturbance affected depths equal to or greater than the development being considered.

   4. Interior alterations and improvements to existing structures that do not involve earthdisturbing activities.

   5. Planting of trees.

   6. Proposed areas of earth disturbance of more than four cubic feet of native soils that meet at least one of the following criteria:

      • a. Emergency projects as defined by Public Resources Code Section 21060.3 undertaken by the City, another public agency, or utility.

      • b. A previous Preliminary Archaeological Assessment (PAA) or a Phase 1 Report was prepared within the last five years by a qualified archaeologist that includes the proposed disturbance area and documents that there are no documented resources within the proposed earth-disturbing area and the proposed earth-disturbing area has little to no potential to contain subsurface archaeological and/or tribal cultural resources.

• B. Non-Exempt Development. The following development is not exempt and shall comply with the requirements of this chapter.

  1. Earth-disturbing activities of any depth or size that are located within a documented archaeological site and/or tribal cultural resource.

  2. Earth-disturbing activities of more than four cubic feet of native soils that are not located within a documented archaeological site and/or tribal cultural resource and do not meet the exemptions listed above in Section 17.43.020(A) .

• (Ord. 22-05 § 8; Ord. 25-10, 12/2/2025)

• A. Assessment Level Requirements. Non-exempt developments are subject to the following:

  1. A PAA shall be required when the proposed earth-disturbing area is located within a paved, developed, or ornamental landscaped area.

     • a. If the PAA reveals that the proposed disturbance area does not contain a documented archaeological and/or tribal cultural resource and the proposed area where earthdisturbing activities are proposed has little or no potential to contain subsurface archaeological resources as determined by the qualified archaeologist and no tribal cultural resources have been identified by the Chumash Tribal representatives, no

further review is necessary, and the development is subject to the permit outlined in subsection (B)(1) below.

  - b. If the PAA reveals that the proposed area where earth-disturbing activities are proposed contains or potentially contains archaeological resources as determined by the qualified archaeologist and/or tribal cultural resources as identified by Chumash Tribal representatives, then the development shall be subject to the requirements outlined in subsections (A)(3) and (B)(2) of this section. 

2. A Phase 1 Report shall be required when the proposed earth-disturbing area is located within an area that is not paved, developed, or is not located in an ornamental landscaped area. This applies even if the earth surface has sustained previous disturbances from grading, vegetation clearance, or other modifications.

   • a. If the Phase 1 Report reveals that the proposed earth disturbance area does not contain a documented archaeological and/or tribal cultural resource and the proposed earth disturbance area has little or no potential to contain subsurface archaeological and/or tribal cultural resources, no further review is necessary and subject to the permit outlined in subsection (B)(1) below.

   • b. If the Phase 1 Report reveals that the proposed earth disturbance contains or potentially contains archaeological and/or tribal cultural resources, then the development shall be subject to the requirements outlined in subsections (A)(3) and (B)(2) of this section.

3. An Extended Phase 1 Report shall be required, if it is determined in the judgment of a qualified archaeologist when preparing a PAA or Phase 1 Report, that archaeological and/or tribal cultural resources could be present. A local Chumash monitor shall be invited to observe the Extended Phase 1 field work at the applicant’s expense.

   • a. If the Extended Phase 1 Report reveals that the proposed earth disturbance area does not contain a documented archaeological and/or tribal cultural resource and the proposed earth disturbance area has little or no potential to contain subsurface archaeological and/or tribal cultural resources, no further review is necessary, and the development is subject to the permit outlined in subsection (B)(1) below.

tended Phase 1 Report reveals that the proposed earth disturbance area does not contain a documented archaeological and/or tribal cultural resource and the proposed earth disturbance area has little or no potential to contain subsurface archaeological and/or tribal cultural resources, no further review is necessary, and the development is subject to the permit outlined in subsection (B)(1) below.

  - b. If the Extended Phase 1 Report reveals that the proposed earth disturbance area contains or potentially contains archaeological and/or tribal cultural resources, then the development shall be subject to the permit requirements outlined in subsection (B)(2) below. 

• B. Permit Requirements. In addition to any other permits/approval needed pursuant to the provisions of Title 17, the following permits are required of non-exempt development:

  1. Zoning Clearance. A Zoning Clearance shall be required for development subject to the site assessment provisions of subsections (A)(1)(a), (A)(2)(a), and (A)(3)(a) above.

  2. Minor Conditional Use Permit. A Minor CUP is required for development on a site that has archaeological and/or tribal cultural resources as identified in subsections (A)(1)(b), (A)(2) (b), and (A)(3)(b).

• (Ord. 22-05 § 8)

• A. The following standards are applicable to all permits issued under this chapter:

  1. If unanticipated discovery of archaeological and/or tribal cultural resources occurs during earth-disturbing activities, earth-disturbing activities must be stopped immediately until a

qualified archaeologist can evaluate the significance of the archaeological and/or tribal cultural resource pursuant to standards set forth in Council Resolution No. 08-40, Environmental Thresholds and Guidelines Manual as amended, and local Chumash tribal representative(s) can evaluate the importance of the find.

2. If human remains are uncovered as a result of earth-disturbing activities, work must stop immediately and the Planning and Environmental Review Department must be contacted, and the applicant must follow the procedures identified by Public Resources Code Section 5097.98 .

3. As applicable, recommendations identified in the Preliminary Archaeological Assessment, Phase 1 Report, or Extended Phase 1 Report and agreed upon by the City, must be implemented and printed on the approved building plans.

• B. For development that is subject to the Minor CUP requirement of subsection 17.43.030(B)(2), on-site monitoring by a qualified archaeological monitor and local Chumash Native American consultant/monitor shall be required for all grading, excavation, and site preparation that involves earth-disturbing activity.

• (Ord. 22-05 § 8)

Development that is subject to the requirements of this chapter shall be subject to the following requirements.

• A. For all development requiring a Minor CUP and subject to California Environmental Quality Act review, the City shall consult with California Native American Tribes in accordance with Public Resources Code Section 21080.3.1.

• B. For all development requiring ministerial approval for which a Preliminary Archaeological Assessment or a Phase 1 Report is prepared, the City will make the studies available to Native American Tribes upon request.

• (Ord. 22-05 § 8)