Mendocino County Municipal Code Div. I General

The Board of Supervisors of the County of Mendocino hereby finds and declares that there exists in the County of Mendocino areas of great importance for the study of the prehistoric and historic human past of the State of California. The resources are hereinafter referred to as "archaeological sites," or "sites." The board further finds that:

(A) Such sites are irreplaceable phenomena of significance to the past of Mendocino County and for the knowledge and understanding of the cultural heritage of our land;

(B) The character of such sites has attracted and can attract visitors and scientific interest to the County;

(C) Such sites constitute a precious archaeological and historic heritage, which is disappearing due to public and private land development and modifications, as well as uncontrolled excavation and collection;

(D) The conservation of these sites is essential to the cultural life of the County; and

(E) In order to promote public awareness and welfare, it is necessary to provide regulations for the conservation and mitigation of these sites.

(Ord. 3657, adopted 1987.)

For purposes of this Chapter, the following definitions shall apply:

(A) "Archaeological site" means any area containing significant or important archaeological resources as defined in Appendix K Section III of the California Environmental Quality Act (CEQA).

(B) "Person" means any individual, firm, corporation, partnership, joint venture, association, society, organization, trust, business, company, concert of interest, public entity, district or any other group or combination acting as a unit.

(C) "CEQA" means the California Environmental Quality Act (Laws and Guidelines; Public Resources Code, commencing with Section 21000; California Administrative Code, commencing with Section 15000).

(D) "CEQA project" means any project in which Mendocino County is acting as the lead agency or has jurisdiction and for which an environmental impact report or a negative declaration is required by the California Environmental Quality Act, the California Coastal Act, the State EIR Guidelines or County regulations adopted pursuant thereto. "CEQA project" shall not include projects which are statutorily categorically, or ministerially exempt from environmental review.

(E) "Interment" means the disposition of human remains by inurnment, entombment or burial inside or outside a burial park.

(F) "Human remains" means the body of a deceased human being in any stage of decomposition or completeness.

(G) "Knowingly" means and imparts only a knowledge that the facts exist which bring the act or omission within the provisions of this Chapter and does not require any knowledge of the unlawfulness of such act or omission. A person who disturbs, excavates or causes to be disturbed or excavated an archaeological site shall be deemed to have done so "knowingly" if he actually knows, observes on the site, would as a reasonable person know, or has brought to his attention that the site contains or is likely to contain the past historic or prehistoric material remains of human use or occupation.

(H) "Literature review" means the review of literature on relevant archaeological sensitivity on file in the Northwest Information Center of the California Archaeological Inventory at Sonoma State University.

(I) "Material remains" means any physical evidence of human use or occupancy including, but not limited to, artifacts, beads, flakes of stone, fire fractured rocks, bones or teeth, pottery, groundstone (such as mortars and pestles), discolored soil (midden), paintings or carvings on rock surfaces, mounds, caves, places of settlement, burial grounds, ceremonial grounds, mines or trails.

(J) Professional Archaeologist. A "professional archaeologist" shall meet the standards as set by the Society of Professional Archaeologists (SOPA) and shall be listed by the Northwest Information Center (N.I.C.) as a qualified professional archaeologist.

(K) "N.I.C." means the Northwest Information Center of the California Archaeological Sites Inventory, Department of Anthropology, Sonoma State University.

(L) "A.P.E.I." means the area of potential environmental impact, which includes the area of the proposed project as well as any area within one hundred (100) feet of the outer extremities of the proposed project within the applicant's ownership.

(Ord. 3657, adopted 1987.)

(A) There is hereby established the Mendocino County Archeological Commission, hereinafter referred to as "Commission." The Commission shall consist of five (5) regular members and one (1) alternate member, each member to serve without compensation except for travel and other out-of-pocket costs. The Board of Supervisors shall appoint the following persons to the Commission:

(1) The Director of the Mendocino County Museum (or his designee);

(2) A Native American Indian or a representative of a Native American Indian tribe, council or group who is a resident of the County of Mendocino;

(3) The Director of Mendocino County Planning and Building Services and his/her designee;

(4) A qualified, professional archaeologist; if such person is not available, the Board of Supervisors may appoint, in lieu thereof, a person having professional training in the field of archaeology;

(5) A representative of an industry such as timber, cattle, sheep or other type likely to be affected by this Chapter;

(6) A person having professional training in the field of archaeology designated by the Board of Supervisors as an "alternate member," to serve whenever a regular member is unable for any reason to attend or participate in any Commission proceedings.

(B) All members of the Commission except for the Director of the Mendocino County Museum and the Director of the Mendocino County Planning and Building Services Department (or their designees) shall be appointed for a term of two (2) years. At the first regular meeting following January 1st of each year, the Commission members shall elect from among themselves a chairperson and a vice-chairperson.

(C) The Commission shall make rules and regulations and take action necessary or convenient for carrying out its duties and powers under this Chapter. Any person aggrieved by the adoption of any rule, regulation or action may appeal by filing within ten (10) days thereafter a letter with the Clerk of the Board of Supervisors specifying the rule, regulation or action appealed from and the grounds for appeal. No rule, regulation or action shall go into effect until the lapse of ten (10) days after its adoption or, if appealed, upon approval by the Board of Supervisors.

(D) Three (3) members of the Commission shall constitute a quorum. The affirmative vote of a majority of the total membership of the Commission shall be required for any action of the Commission when four or more members are present. The affirmative vote of a majority of the quorum shall be required for any action of the Commission when only a quorum is present. A decision of the Commission may be made by telephone or other verbal agreement if there is insufficient time for a meeting to be called; any decision so made shall be deemed effective unless the Commission fails to ratify the same at a regular or special meeting within thirty (30) days thereafter.

(E) Appeals from the action of the Commission may be made only to the Board of Supervisors. Appeals must be filed with the Clerk of the Board within ten (10) days of the action and shall be accompanied by a fee set by the Board of Supervisors. The decision of the Board of Supervisors is final.

(F) The Commission may appoint or designate representatives to act in the name of the Commission whenever such representatives are authorized to act by the provisions of this chapter. Each such representative shall be subject to removal by the Board of Supervisors upon good cause shown.

(G) The Commission shall consult with the Mendocino County Sheriff-Coroner and the Native American Heritage Commission as appropriate when human remains are encountered by or reported to the Commission to fulfill any obligations under the California Public Resources Code Section 5097.98 and Section 7050.5 of the Health and Safety Code of California.

(Ord. 3657, adopted 1987.)