Malibu Municipal Code Ch. 11 Archaeological/Cultural Resources

A. In each phase of the Cultural Resource Review required under Sections 11.3 (B), (C), (D), (E), (F), (G), and (H), the Planning Manager shall provide the opportunity for review of potential impacts to cultural resources by providing written notice (including the location, detailed description and alternatives of the proposed development) and requesting comments from the Native American Heritage Commission (NAHC), State Historic Preservation Officer (SHPO), the City Native American Cultural Resources Advisory Committee (NACRAC), and the Most Likely Descendent (MLD). In addition: (a) in each phase that requires the selection of an archaeologist, the archaeologist shall be selected from a list provided by the NAHC, NACRAC, MLD, if a list is available; (b) in each phase that requires the selection of a monitor, the selection of that monitor shall be made in consultation with the NACRAC, MLD, and NAHC. Comments received shall be considered in the review of coastal development permits for new development.

B. Preliminary Review. The Manager shall conduct a preliminary review of all projects to determine whether the project may have an adverse impact (or "substantial adverse change" as defined by CEQA) on an important cultural resource. The Planning Manager shall utilize the criteria contained in the definition of "Important Cultural Resource" (Chapter 2 of the Malibu LIP) in determining an important cultural resource. It shall be determined if the project will result in earth disturbance. The Cultural Resources Sensitivity Map will be reviewed to determine if an earth-disturbing project requires archeological review. Where the Planning Manager determines that the project will not have an adverse impact or result in a substantial adverse change to an important cultural resource, no further Cultural Resources Review shall be required.

C. Initial Evaluation. Where, following the Preliminary Review, the Manager determines that the project may have an adverse impact on an important cultural resource, the project applicant shall submit an Initial Evaluation. An Initial Evaluation shall include a review of relevant documents and a field survey of the project site to verify the presence and condition of previously recorded cultural resources and to identify previously unrecorded resources. The Initial Evaluation shall be prepared by a qualified archaeologist hired by the project applicant or by the City Archaeologist if requested by the project applicant. Where the Initial Evaluation reveals that the project will not have an adverse impact on an important cultural resource or cause substantial adverse changes as defined by CEQA, no further Cultural Resources Review shall be required.

D. Phase I Inventory. Where, following the Initial Evaluation, the Manager determines that the project may have an adverse impact on or result in a substantial adverse change to cultural resources; the Manager shall require that a Phase I Inventory of cultural resources be prepared. The project applicant shall submit a Phase I Inventory conducted by a qualified archaeologist hired by the project applicant. All Phase I Inventories that involve any excavation or monitoring shall be conducted in consultation with a qualified Chumash Cultural Resources Monitor.

E. Phase I Inventories shall include:

1. A records search through the regional historical resources information center;

2. An archival search of historic records;

3. A field survey described in Subsection B; and

4. A written report which describes how the survey was conducted and the result of the survey.

F. If on the basis of the Phase I Inventory described above, one or more significant cultural resources is found, a Phase I Inventory may be required to include:

1. An evaluation of limited shovel test pits to determine whether a subsurface deposit is present and a negative declaration shall be prepared;

2. Recommendations for Phase II. Evaluations and a negative declaration, mitigated negative declaration, focused environmental impact report or an environmental impact report shall be prepared; or

3. Monitoring programs pursuant to Section 11.3 (F)(4)(b) of the Malibu LIP and a mitigated negative declaration shall be prepared.

G. Phase II Evaluation.

1. Applicability. Where, as a result of the Phase I Inventory, the Planning Manager determines that the project may have an adverse impact on cultural resources, a Phase II Evaluation of cultural resources shall be required and a negative declaration, mitigated negative declaration, focused environmental impact report, or an environmental impact report shall be prepared. All Phase II Evaluations shall be conducted by a qualified archaeologist and, where the Phase I Inventory indicates the presence of prehistoric or ethnohistoric Chumash cultural resources, the evaluation shall also be conducted in consultation with a qualified Chumash cultural resources monitor.

2. Definition. Phase II Evaluations are investigations intended to gather any additional data necessary to assess the importance of the cultural resources identified in Phase I Inventories, to define site boundaries of the cultural resources, to assess the site's integrity, to evaluate the project's potential adverse impacts on cultural resources, and to develop measures to mitigate potential adverse impacts. Phase II Evaluation proposals shall be designed on a project-specific basis and must be guided by a research design/work plan that clearly identifies the study goals and articulates the proposed methods of data collection and analysis with the goals. Data collection methods may include a number of subsurface exploration techniques, including excavation of auger holes, test pits, or trenches.

3. City Review and Approval. The Planning Manager shall review and approve all Phase II design/work plans prior to any testing or excavations. The Planning Manager shall also review and approve all reports resulting from Phase II Evaluations. Where, as a result of the Phase II Evaluation, the Planning Manager determines that the project will not have an adverse impact on important cultural resources, no further cultural resource review of the project shall be required.

4. Exceptions. Notwithstanding the foregoing provisions, the Planning Manager may waive the preparation of a Phase II Evaluation and prepare a mitigated negative declaration where the Phase I Inventory indicates the following conditions:

a. Based upon substantial evidence, the Planning Manager determines that there is the presence of prehistoric or ethnohistoric Chumash cultural resources and it appears unlikely that the project site will contain important cultural 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); and

b. Project applicant agrees to provide monitoring of all excavation or trenching by a qualified Chumash cultural resource monitor, chosen in consultation with the Native American Heritage Commission, State Historic Preservation Officer, and the City Native American Cultural Resources Advisory Committee, and the most likely descendent.

In the event that any potentially important cultural resources are found in the course of excavation or trenching, work shall immediately cease until the qualified archaeologist can provide an evaluation of the nature and significance of the resources and until the Planning Manager can review this information. Where, as a result of this evaluation, the Planning Manager determines that the project may have an adverse impact on cultural resources, a Phase II Evaluation of cultural resources shall be required pursuant to Section 11.3 (F) of the Malibu LIP. The limitations on mitigation as described in Section 11.3 (H) of the Malibu LIP shall not be applicable to monitoring programs described in Section 11.3 (F)(4)(b) of the Malibu LIP.

H. Phase III Mitigation Programs

1. Applicability. Where, as a result of the Phase II Evaluation the Planning Manager determines that the project may adversely affect important cultural resources, a Phase III Mitigation Program shall be required. All Phase III Mitigation Programs shall be conducted by a qualified archaeologist and, where the Phase II Evaluation indicates the presence of important prehistoric cultural resources or ethnohistoric Chumash cultural resources, the evaluation shall also be conducted in consultation with a qualified Chumash cultural resource monitor.

2. Purpose. Phase III Mitigation Programs are intended to mitigate adverse impacts upon important cultural resources. These programs shall be designed on a project-specific basis to meet the particular needs of each project and shall be guided by a research design/work plan that clearly articulates the scope of mitigation based on the recommendations developed in the prior Phase II Evaluation of the affected site.

3. Cultural Resource Impact Mitigation. Measures to mitigate potential impacts may include, but shall not be limited to, the following:

a. In-situ preservation of the important cultural resource site (This is the preferred mitigation measure where feasible).

b. Avoiding damage to the important cultural resource site through the following approaches:

i. Planning construction to miss important cultural resource sites.

ii. Planning parks or other open space to incorporate important cultural resource sites.

iii. "Capping" or covering important cultural resource sites with a layer of soil before building tennis courts, parking lots, or similar facilities. Capping may be utilized if all the following conditions are satisfied:

(a) The soils to be covered will not suffer serious compaction;

(b) The covering materials are not chemically active;

(c) The site is one in which the natural processes of deterioration have been effectively arrested; and

(d) The site has been recorded.

iv. Deeding important cultural resource sites into permanent conservation easements.

v. Scientific data recovery of an appropriate sample of the important cultural resource(s) via surface collection and archaeological excavation as provided for under this Section, where in-situ preservation is not feasible.

I. Limitations on Mitigation. The limitations on mitigating adverse impacts on important cultural resources shall apply as provided in California Environmental Quality Act as may be amended from time to time.

J. Review and Approval. The Planning Manager shall review and approve all design/work plans for Phase III Mitigation Programs and reports which detail the evaluative techniques and results.

K. Cost. The maximum fees for Cultural Resource Reviews required by this Chapter shall be set by Resolution of the City Council, and as amended from time to time, except where limited by the California Environmental Quality Act.

A. All reports resulting from the conduct of any cultural resource review described in this Chapter shall be filed with the Regional Historical Resources Information Center.

B. All artifacts discovered in connection with any cultural resource review shall be recorded in the manner required by the State of California. All site records, field notes, maps, photographs, notes by Native American monitors, reports by consulting archaeologists, and other records resulting from the conduct of any cultural resource review described in this Chapter shall be cataloged in accordance with the United States Department of the Interior Guidelines.