Chapter 82.12 — CULTURAL RESOURCES PRESERVATION (CP) OVERLAY

The Cultural Resources Preservation (CP) Overlay established by §§ 82.01.020 (Land Use Plan and Land Use Zoning Districts) and 82.01.030 (Overlays) is intended to provide for the identification and preservation of important archaeological and historical resources. This is necessary because:

• (a) Many of the resources are unique and non-renewable; and

• (b) The preservation of cultural resources provides a greater knowledge of County history, thus promoting County identity and conserving historic and scientific amenities for the benefit of future generations.

• (Ord. 4011, passed - -2007)

The CP Overlay may be applied to areas where archaeological and historic sites that warrant preservation are known or are likely to be present. Specific identification of known cultural resources is indicated by listing in one or more of the following inventories:

• (a) California Archaeological Inventory;

• (b) California Historic Resources Inventory;

• (c) California Historical Landmarks;

• (d) California Points of Historic Interest; and/or

• (e) National Register of Historic Places.

• (Ord. 4011, passed - -2007)

The application for a project proposed within the CP Overlay shall include a report prepared by a qualified professional that determines through appropriate investigation the presence or absence of archaeological and/or historical resources on the project site and within the project area, and recommends appropriate data recovery or protection measures. The measures may include:

• (a) Site recordation;

• (b) Mapping and surface collection of artifacts, with appropriate analysis and curation;

• (c) Excavation of sub-surface deposits when present, along with appropriate analysis and artifact curation;

• (d) Preservation in an open space easement and/or dedication to an appropriate institution with provision for any necessary maintenance and protection; and/or

(e) Proper curation of archeological and historical resource data and artifacts collected within a project area pursuant to federal repository standards. Such data and artifacts shall be curated at San Bernardino County Museum. Pursuant to State Historical Resources Commission motion dated February 2, 1992, the repository selected should consider 36 C.F.R. 79, Curation of Federally-owned and Administered Archaeological Collection, Final Rule, as published Federal Register, September 12, 1990, or a later amended for archival collection standards. (Ord. 4011, passed - -2007)

(a) The proposed project shall incorporate all measures recommended in the report required by § 82.12.030 (Application Requirements).

(b) Archaeological and historical resources determined by qualified professionals to be extremely important should be preserved as open space or dedicated to a public institution when possible.

(Ord. 4011, passed - -2007)

If Native American cultural resources are discovered during grading or excavation of a development site of the site is within a high sensitivity Cultural Resources Preservation Overlay District, the local tribe will be notified. If requested by the tribe, a Native American Monitor shall be required during such grading or excavation to ensure all artifacts are properly protected and/or recovered.

(Ord. 4011, passed - -2007)