Chapter 17.063 — ARCHAEOLOGY--HISTORIC SITES (A) OVERLAY LONE

The archaeology--historic sites (A) overlay zone is established to preserve, protect and maintain land and water areas, structures and other sites which have significant historical, archaeological or cultural importance and provide for the designation of areas which may be of unique value for scientific or educational purposes.

• A. This zone shall include:

1. Structures, land, areas and improvements as described and included in the cultural resources section of the general plan/local coastal program land use plan as well as any additional land, areas, structures and improvements which may be designated by the city as being of historical significance; and

2. All known archaeological sites on file with the public services department, as well as any additional sites that may be established by a qualified archaeologist recognized by the State Historic Preservation Office.

B. An archaeological surface survey of each site shall be conducted by a qualified archaeologist as a condition of development review for any proposed project within the archaeology-historic sites overlay zone in areas of unknown significance based upon a written determination of the public services department. The results of this survey shall be submitted as a part of the development application. Included with this survey will be an evaluation as to the presence of cultural resources based on supportable evidence and shall also include appropriate mitigation measures, as necessary, for the project. Any site which is surveyed pursuant to the requirements of this ordinance shall not be required to be further surveyed unless specified by the findings of the survey.

C. Since it is reasonably possible that archaeological or historical materials may be discovered in any area of the city, the following standard condition shall be applied to all developments:

"In the event of the unforeseen encounter of subsurface materials suspected to be of an archaeological or paleontological nature, all grading or excavation shall cease in the immediate area, and the find left untouched until a qualified professional archaeologist or paleontologist, whichever is appropriate, is contacted and called in to evaluate and make recommendations as to disposition, mitigation and/or salvage. The developer shall be liable for costs associated with the professional investigation."

D.1. Any mitigation measures Included in archaeological studies shall be appropriately incorporated into the design of the project, including construction techniques which will minimize impact to the archaeological resources.

2. Where damage or destruction of archaeological resources stemming from development of recognized site cannot be completely avoided or mitigated the developer shall be responsible to develop and preserve the most complete archaeological record of the site possible for future analysis using the most current archaeological methods available.

E. All non-structural development which has the potential to damage or destroy archaeological resources are prohibited unless specifically permitted by the permit issuing agency with provisions for adequately protecting any archaeological resources. Such activities shall include but not be limited to: off-road vehicle activity and the unauthorized collection of artifacts.

F. Where feasible, structures which are deemed by the city to be of historical significance shall be protected and rehabilitated. When appropriate, such structures may be relocated to another approved site in Pismo Beach, such as the Price Adobe Historical Park.

G. The transfer of any city-owned properties containing known significant archaeological or historical resources must be accompanied by a deed restriction containing provisions protecting the archaeological or historical resources on the site.

H. Any archaeological or historical sites of state-wide significance shall be nominated for inclusion in the Registry of California Historic Landmarks. Those of national significance shall be nominated for inclusion in the National Registry of Historic Place and the National Historic Program. Such sites shall be adequately protected.

I. All actions taken under this overlay zone shall be relevant goals, policies and programs of the general program land use plan.