Larkspur Municipal Code Ch. 15.42 Archaeological Resources

This chapter is intended to provide a procedure for studying and/or preserving valuable archaeological resources in the City. Existing in Larkspur are certain deposits of shells, bones and other objects of historical significance believed to have been left by Indians and other early inhabitants. When studied under the supervision of qualified archaeologists, these resources may be of inestimable value in formulating the early history of Larkspur inhabitants. Uncontrolled excavation or modification of these resources, without regard to their possible historical and archaeological values, would destroy the archaeologic integrity of the area. This loss would affect future generations and must be prevented in the public interest. (Ord. 571 § 1 (part), 1977)

For the purpose of this chapter, the following terms shall have the meaning given herein:

“Archaeological resource” means all evidence of human occupation and activity which may be used to reconstruct the lifeways of past peoples. This evidence shall include sites, structures, artifacts, environmental data, physical remains and all other relevant data that existed prior to 1860.

“Disturb” means to have any direct or indirect adverse effect.

“Qualified archaeological advisory agencies” means institutions of higher learning and/or established associations, pursuing as one (1) of their major purposes the study of cultural remains having archaeological significance. A list of such institutions shall be adopted by city council resolution and will be used by the City in the selection of consulting organizations for the issuance of permits under this chapter.

“Qualified archaeologist” means any person certified in the area of “field research” or “cultural resources management” by the Society of Professional Archaeologists.

“Recorded archaeological resource” means those archaeological resources which are known to exist in the City, and which are recorded in the California Register of Historical Resources, the State Landmarks Inventory and/or the National Register of Historical Places.

“Unrecorded archaeological resources” means those archaeological resources which have not yet been discovered or recorded, but which may exist in the City. (Ord. 1094 § 15, 2026; Ord. 571 § 1 (part), 1977)

A. It is unlawful for any person to excavate or disturb, in any fashion whatsoever, any archaeological resource prior to issuance of an archaeological investigation permit.

B. Whenever construction or other activities are proposed which will affect a recorded archaeological resource, an archaeological investigation permit shall be obtained prior to commencement of work and prior to issuance of any building or grading permit.

C. Whenever a recorded or unrecorded archaeological resource is encountered and an archaeological investigation permit has not been issued, all activities which may affect the resource shall be stopped, and any city building permit or other authorization which may effect the resource shall be suspended until issuance of an archaeological investigation permit. (Ord. 571 § 1 (part), 1977)

A. Application for an archaeological investigation permit shall be made by the owner of the resource or a representative of such owner and shall be made in a form acceptable to the Community Development Director. The application shall be accompanied by a fee in an amount determined by city council resolution.

B. Upon receipt of such an application, the Community Development Director or their designee shall select a qualified archaeologist to inspect the site and prepare an archaeological report thereon and submit such report to the City within fifteen (15) days. The report shall describe the resource, state its significance, recommend the level of data recovery, if any, recommend measures, if any, for protection of the resource and recommend sources of funding for data recovery. The findings of a certified environmental impact report may be accepted by the Planning Commission in lieu of the archaeological report.

C. The planning commission shall hold a hearing upon the report within seven (7) days of submission. Whenever the planning commission determines that the resource is of archaeological significance, it shall approve the permit only after finding that mitigation measures will be taken to allow maximum protection of the resource and/or maximum preservation of knowledge of the resource. Mitigation measures may be required as conditions of approval, and the City may work with the permittee to find independent funding for the mitigation measures. Conditions of approval may include, but shall not be limited to, any or all of the following conditions:

1. Preliminary site planning done under the supervision of a qualified archaeologist to relocate
construction away from the resource;

2. Prior to any construction activity, archaeological excavation, identification, classification and proper
scientific analysis of artifacts and other materials having historical or archaeological significance shall be
accomplished by a person with qualifications satisfactory to the planning commission;

3. A qualified archaeologist shall be permitted to make periodic visits to the archaeological resource to
observe the work-in-progress.

4. If a potentially significant archaeological resource is encountered during ground disturbing activities,
best management practices must be followed including:

a. All construction activities within a one hundred (100) foot radius of the found resource shall cease
until a qualified archaeologist determines whether the resource requires further study.

b. All developers, contractors, and subcontractors working on the construction activities shall be
required to include a standard inadvertent discovery clause in every construction contract to inform
contractors and subcontractors of the requirements set forth in this subsection.

c. Any archaeological resource found during construction activities shall be recorded on appropriate California Department of Parks and Recreation (DPR) forms and evaluated for significance in terms of the California Environmental Quality Act (CEQA) criteria by a qualified archaeologist.

d. If the resource is a tribal resource, the qualified archaeologist shall consult with the appropriate
tribe to evaluate the significance of the resource and to recommend appropriate and feasible avoidance,
testing, preservation or mitigation measures in light of factors such as the significance of the find,
proposed project design, costs, and other considerations. If avoidance is infeasible, other appropriate
measures (e.g., data recovery) may be implemented in accordance with recommendations of the
qualified archaeologist.

e. If the resource is a nontribal resource determined significant under CEQA, the qualified
archaeologist shall:

i. Prepare and implement a research design and archaeological data recovery plan that will
capture those categories of data for which the site is significant.

ii. The archaeologist shall also perform appropriate technical analyses; prepare a comprehensive
report complete with methods, results, and recommendations; and provide for the permanent
curation of the recovered resources.

iii. The report shall be submitted to the City of Larkspur, Northwest Information Center, and State
Historic Preservation Office, if required. (Ord. 1094 § 16, 2026; Ord. 1077 § 2, 2024; Ord. 1062 § 14,
2022; Ord. 571 § 1 (part), 1977)

Whenever work is performed by an archaeologist, they shall keep complete and accurate records and file them with the California Historical Resources Information System (CHRIS). (Ord. 1094 § 17, 2026; Ord. 1062 § 14, 2022; Ord. 571 § 1 (part), 1977)