HomeMy WebLinkAboutCC Resolution 10980 (Archaelogical Resource Protection)RESOLUTION NO. 10980
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL RESCINDING
RESOLUTION NO. 10933 AND APPROVING REVISED PROCEDURES AND
REGULATIONS FOR ARCHAEOLOGICAL RESOURCE PROTECTION IN THE
CITY OF SAN RAFAEL
WHEREAS, the City of San Rafael has recognized that certain lands and
geographic areas within the City of San Rafael contain significant archaeological
resources, which include deposits and remains of the local Native Americans and other
early inhabitants; and
WHEREAS, the City of San Rafael has recognized that without proper regulations
and monitoring, continued excavation and grading activities within the City could
significantly impact these resources; and
WHEREAS, upon review of the subject application, the project was determined to
be exempt from the requirements of the California Environmental Quality Act (CEQA)
pursuant to CEQA Guidelines Section 15061(b) (3), in that establishment of procedures
and regulations to protect archaeological resources is covered by the general rule that
CEQA applies only to projects which have the potential for causing a significant effect on
the environment; and
WHEREAS, a notice describing the proposed procedures and regulations was
published in a local newspaper of general circulation and mailed to special interest
groups; and
WHEREAS, on July 24, 2001, the San Rafael Planning Commission held a duly
noticed public hearing on the proposed procedures and regulations and recommended
approval to the City Council; and
WHEREAS, the City Council has adopted an Archaeology Resource Protection
Ordinance by separate action; and
WHEREAS, the City Council finds that the proposed regulations and procedures
are consistent with the San Rafael General Plan 2000 Natural Environmental Policy NE -
23 Archaeological Studies in that the proposed regulations and procedures include
measures to protect archaeological resources in San Rafael; and
WHEREAS, on October 1, 2001, the City Council of the City of San Rafael
considered the proposed procedures and regulations, accepted public testimony and the
written report of the Community Development Department staff, and adopted Resolution
No. 10933 approving the Procedures and Regulations for Archaeological Resource
Protection; and
WHEREAS, on December 3, 2001, the City Council considered the Community
Development Department's proposed revisions to the approved Procedures and
Regulations for Archeological Resource Protection, responding to comments received
from the Federated Indians of Graton Rancheria, and the written report of the Community
Development Department staff.
NOW, THEREFORE, BE IT RESOLVED, that the San Rafael City Council
hereby rescinds Resolution No. 10933, and approves the Revised Procedures and
Regulations for Archaeological Resource Protection as provided in Attachment A and the
Archaeological Sensitivity Map as provided in Attachment B hereto.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted a regular meeting of the
Council of said City held Monday, December 3, 2001, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Attachments:
Attachment A - Procedures and Regulations
Attachment B - Sensitivity Map
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JE(ANNE M. LEONCINI, City Clerk
Attachment A
City of San Rafael
Revised Procedures and Regulations for Archaeological Resource Protection
I. Specific Purposes
A. Certain lands and geographic areas within the City of San Rafael contain
significant archaeological resources, which include deposits and remains of the
local Native Americans and other early inhabitants. These archaeological
resources represent an important part of the early history of San Rafael and the
culture of the Native American community, as currently represented by the
Federated Indians of Graton Rancheria. Without proper regulations and
monitoring, continued excavation and grading activities within the City could
significantly impact these resources.
B. In recognizing the importance of protecting significant archaeological resources,
the City of San Rafael has determined to:
1. Establish a procedure for identifying, when possible, archaeological resources
and potential impacts to such resources prior to authorizing excavation and
grading activities.
2. Provide valuable information and direction to property owners in the
community in order to make them aware of these resources.
3. Implement measures that would preserve and protect valuable archaeological
resources, when there is a potential for encountering such resources.
4. Establish a procedure which would ensure that appropriate advisory agencies
and organizations are contacted and consulted, when there is a probability that
archaeological resources could be encountered during an activity involving
grading, excavation, and/or construction.
5. Establish and implement specific protection and preservation measures in the
event archaeological resources are encountered during grading, excavation
and/or construction.
IL Identification of Archaeological Resources
A. Preparation and Maintenance of an Archaeological Sensitivity Map
1. The City of San Rafael shall hire a qualified archaeologist to prepare
and/or assist in the preparation of an archaeological sensitivity map. This
map shall identify geographic areas of archaeological sensitivity based on:
a) known and/or recorded sites containing archaeological resources; and b)
sites and/or geographic areas where studies and individual archaeological
site assessments have been completed.
2. The archaeological sensitivity map shall identify three areas of sensitivity,
as recommended or identified by the archaeologist. The three sensitivity
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levels shall be: a) "Low Sensitivity", b)"Medium Sensitivity" and c) "High
Sensitivity." The level of sensitivity of a geographic area shall be based
on the following criteria:
High Sensitivity: Parcels that contain archaeological sites, or those
within 350 feet of the outer edge of an archaeological site, or any parcels
adjoining those parcels. The presence of an archaeological site is
indicated by a recorded site location, a reported ethnographic village
location, or a positive archaeological report.
Medium Sensitivity: Parcels within 500 feet of a natural watercourse, or
in an area where geological maps indicate the potential for available
outcrops of economically or ritually important stone, or in areas of recent
(Quaternary) alluvium, or those adjacent to a parcel with High
Sensitivity.
Low Sensitivity: Parcels that have been evaluated and found not to
contain archaeological sites, and those not meeting the criteria for High
or Medium Sensitivity. The absence of archaeological deposits is
indicated by a negative archaeological report.
3. The City of San Rafael Community Development Department shall be
responsible for maintaining the archaeological sensitivity map. The
Community Development Department shall review the map whenever
considering or analyzing development projects involving excavation and
grading.
4. The archaeological sensitivity map shall be reviewed and updated
periodically by the Community Development Director or designee, as new
information becomes available. Proposed and adopted revisions to the
sensitivity map shall be sent to the recognized local Native American
organization.
5. The archaeological sensitivity map shall not be intended to identify or
address known or potential historic resources. The City shall refer to the
provisions of Section 15064.5 of the California Environmental Quality Act
(CEQA) Guidelines (Title 14 of the California Code of Regulations) and
to San Rafael Municipal Code Chapter 2.18 (Historic Preservation) for
procedures and regulations applying to the assessment of historic
resources.
B. Consultation with Qualified Archaeological Advisory Agencies and Other
Organizations
1. The Northwest Information Center (NWIC) at Sonoma State University
provides a resource research service to local agencies ("Project Review
Program"). This program permits local agencies to consult with the
NWIC on matters of archaeological resources. The City of San Rafael has
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Archaeological Resource Pi.,cedures and Regulations
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entered into an agreement with the NWIC to participate in this program.
2. When analyzing development projects involving environmental review
and potential impacts to archaeological resources, the City may forward
final reports/studies pertinent to these resources to the NWIC, or its
successor, and the recognized local Native American organization (the
Federated Indians of Graton Rancheria)
When analyzing development projects involving potential impacts to
archaeological resources, the City may consult with the State of California
Native American Heritage Commission and the recognized local Native
American organization (the Federated Indians of Graton Rancheria).
III. Reliance on Provisions, Regulations and Laws of the State of California
The City's implementation of these procedures and regulations shall rely on and comply
with the provisions of the State of California Environmental Quality Act (CEQA)
Guidelines. CEQA Guidelines Section 15064.5 and Public Resources Code Section
21083.2 specify: a) criteria for determining unique archaeological and historic resources;
and b) procedures that are to be implemented in the event archaeological resources (such
as artifacts and human remains) are encountered during grading and construction.
IV. Initial Screening for and Investigation of Potential Archaeological Resources
The Community Development Department shall be responsible for reviewing all
proposals for development that involve excavation and/or grading to determine if the
activity has the potential to impact archaeological resources. The initial screening and
review of permit applications shall be implemented as follows:
A. Activities Involving Non -Discretionary Permits and Ministerial Actions
Certain activities are subject to minor, non -discretionary actions and/or permits
that are ministerial in nature. Per Section 15268 (Statutory Exemptions,
Ministerial Projects) of the CEQA Guidelines, these activities are not subject to
environmental review. Initial screening of these activities/applications shall be as
follows:
1. When a permit application is filed or an inquiry is made, the Community
Development Department staff shall review the archaeological sensitivity
map to determine the sensitivity level of the subject property.
2. In all sensitivity areas, a report shall be generated in order to determine
whether archaeological artifacts may be present. This report shall be
provided to the applicant/inquiring party and will indicate the sensitivity
level of the subject property, whether it contains a recorded archaeological
site and whether there is a recorded Archaeological Report for the site.
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Archaeological Resource 1',.ucedures and Regulations
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Staff may suggest that the applicant/inquiring party consult with a
qualified archaeologist before proceeding with grading and excavation in
the event that the report indicates the presence of potential artifacts, or if
the property is located in an area of "High Sensitivity" or "Medium
Sensitivity."
3. The Community Development Department will include in the permit that
is issued or place on the construction plans, an informational statement
providing the following information:
a. The archaeological resource sensitivity status of the property and
the possibility of encountering such resources during grading and
excavation;
b. The property owner's/applicants responsibility, under state law
(CEQA Guidelines Section 15064.5 and Health & Safety Code
Section 7050.5), in the event archaeological resources or human
remains are discovered/encountered during grading and
excavation; and
C. A statement informing the property owner that it is their
responsibility to: 1) cease all work and contact the City and a
qualified archaeologist in the event that resources are discovered
during grading and excavation; 2) contact the Marin County
Coroner; and 3) if any human remains discovered during grading
and excavation are determined to be Native American, the Coroner
shall contact the local State Native American Heritage
Commission.
B. Activities involving Discretionary_ Permits that are Tvpically Exemn_ t from
Environmental Review
Certain activities involving excavation and grading are minor in nature but are
subject to a discretionary permit by the City of San Rafael. These discretionary
permits include, among others, Environmental and Design Review Permits, Use
Permits, Variances and Minor Subdivisions of land. These minor discretionary
permits would involve activities that are typically deemed to be Categorically
Exempt from environmental review under Section 15300 of the CEQA
Guidelines. Initial screening of these activities/applications and requirements for
further study shall be as follows:
1. When a permit application is filed or an inquiry is made, the Community
Development Department staff shall review the archaeological sensitivity
map to determine the sensitivity level of the subject property.
2. In all sensitivity areas, a report shall be generated in order to determine
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Archaeological Resource Piucedures and Regulations
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whether archaeological artifacts may be present. This report shall be
provided to the applicant/inquiring party and will indicate the sensitivity
level of the subject property, whether it contains a recorded archaeological
site and whether there is a recorded Archaeological Report for the site.
Staff may suggest that the applicant/inquiring party consult with a
qualified archaeologist before proceeding with grading and excavation in
the event that the report indicates the presence of potential artifacts, or if
the property is located in an area of "High Sensitivity" or "Medium
Sensitivity."
3. The Community Development Department staff shall forward the
application and plans to NWIC, or its successor, and to the recognized
local Native American tribe for timely review and comment if the property
is within the medium or high sensitivity area.
4. If, through consultation with the NWIC, or its successor the City
determines that the project has the potential to impact an archaeological
resource, the City may require that a detailed report of the site be prepared
by a qualified archaeologist, paid for by the property owner/applicant. The
archaeologist shall: a) determine if the site contains or is located in the
immediate area of known/recorded archaeological resources; and b) shall
present recommended measures to ensure the protection of such resources
or other measures in the event resources are encountered during grading
and excavation.
5. If it is determined that there is an archaeological resource present, the
Community Development Department may require that approval of the
permit be issued with conditions. Conditions of approval can include the
mitigation and monitoring measures recommended in the archaeological
report and/or a recommended monitoring measure informing the property
owner that it is their responsibility to: 1) cease all work and contact the
City and a qualified archaeologist in the event that resources are
discovered during grading and excavation; 2) contact the Marin County
Coroner; and 3) if any human remains discovered during grading and
excavation are determined to be Native American, the Coroner shall
contact the State Native American Heritage Commission.
6. If the City determines that the project has the potential to impact a unique
archaeological resource, as defined by Section 15064.5 of the CEQA
Guidelines and as determined by a qualified archaeologist, the
activity/permit will be subject to environmental review. If this
determination is made, the procedures outlined in Section W.C., below,
shall be followed.
C. Activities involving Discretionary Permits that are Subiect to Environmental
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Archaeological Resource Procedures and Regulations
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Review
The following procedures shall be followed for all grading and excavation
activities that are part of a project that is subject to environmental review.
1. When a permit application is filed or an inquiry is made, the Community
Development Department staff shall review the archaeological sensitivity
map to determine the sensitivity level of the subject property.
2. In all sensitivity areas, a report shall be generated in order to determine
whether archaeological artifacts may be present. This report shall be
provided to the applicant/inquiring party and will indicate the sensitivity
level of the subject property, whether it contains a recorded archaeological
site and whether there is a recorded Archaeological Report for the site.
Staff may suggest that the applicant/inquiring party consult with a
qualified archaeologist before proceeding with grading and excavation in
the event that the report indicates the presence of potential artifacts, or if
the property is located in an area of "High Sensitivity" or "Medium
Sensitivity."
3. The Community Development Department staff shall forward the
application and plans to NWIC, or its successor, and to the recognized
local Native American tribe for timely review and comment if the property
is within the medium or high sensitivity area.
4. If, through consultation with the NWIC, or its successor the City
determines that the project has the potential to impact an archaeological
resource, the City may require that a detailed report of the site be prepared
by a qualified archaeologist, paid for by the property owner/applicant. The
archaeologist shall: a) determine if the site contains or is located in the
immediate area of known/recorded archaeological resources; and b) shall
present recommended measures to ensure the protection of such resources
or other measures in the event resources are encountered during grading
and excavation.
5. The archaeological report and/or the findings of this report shall be
referenced and/or incorporated into the environmental document
completed by City staff (e.g., Negative Declaration, Mitigated Negative
Declaration or Environmental Impact Report).
6. Depending upon the potential sensitivity of the site, the City staff may: a)
require a "peer" or second -party review of the report by a qualified
archaeologist hired by the City and paid for by the property
owner/applicant or b) require the preparation of an independent report by a
qualified archaeologist hired by the City and paid for by the property
owner/applicant.
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7. If the proposed activity has the potential to significantly impact a unique
archaeological resource, as defined by state law, the environmental
document shall include recommended mitigation measures to avoid and/or
minimize impacts to this resource consistent with State Public Resources
Code Section 21083.2 or successor state legislation.
8. The required public review of the environmental document shall include a
notice and a circulation of the document to the NWIC or its successor.
Notice of public review may also be forwarded to the State of California
Native American Heritage Commission and to the representatives of the
recognized local Native American organization.
9. For all discretionary projects that are subject to environmental review and
are located in areas of "High Sensitivity" or "Medium Sensitivity," the
Community Development Department may require that approval of the
permit be issued with conditions. Conditions of approval can include the
mitigation and monitoring measures recommended in the archaeological
report and/or a recommended monitoring measure informing the property
owner that it is their responsibility to: 1) cease all work and contact the
City and a qualified archaeologist in the event that resources are
discovered during grading and excavation; 2) contact the Marin County
Coroner; and 3) if any human remains discovered during grading and
excavation are determined to be Native American, the Coroner shall
contact the Native American Heritage Commission.
V. Imposing Mitigation Through Conditions of Approval
If the environmental document and/or archaeological report includes any recommended
mitigation measures, the Community Development Department may incorporate these
measures as conditions of project approval. The City may also require additional
conditions of project approval addressing or requiring the following:
A. A condition requiring compliance with the state law in the event of any accidental
discovery of archaeological resources during grading and excavation.
B. A pre -construction investigation that would involve sub -surface test borings.
C. On-site monitoring of excavation and/or grading activities during construction.
VI. Records of Archaeological Findings
The City of San Rafael shall file archaeological reports and investigations with the NWIC
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or its successor. Final reports and investigations shall be kept confidential to the extent
permitted by law.
regs&pro.arc