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HomeMy WebLinkAboutCC Resolution 10933 (Archaeological Resource Protection)RESOLUTION NO. 10933 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING 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 left by 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 procedures and regulations, accepting public testimony and the written report of the Community Development Department staff. NOW, THEREFORE, BE IT RESOLVED, that the San Rafael City Council hereby approves the Procedures and Regulations for Archaeological Resource Protection as provided in Attachment A and the Archaeological Sensitivity Map as provided in Attachment B. I, JEANNE M. LEONCM, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted a a regular meeting of the Council of said City held Monday, October 1, 2001, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Qoro NOES: COUNCMMEMBERS:None ABSENT: COUNCILMEMBERS:None ABSTAIN: COUNCILMEMBERS:None Attachments: Attachment A - Procedures and Regulations Attachment B - Sensitivity Map -2- JEAN$t,M. LEONC , City Clerk Attachment A City of San Rafael 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 left by the local Native Americans and other early inhabitants. These deposits and remains represent an important part of the early history of San Rafael and the culture of the Native American community. 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. II. 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 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 Archaeological Resource I wcedures and Regulations Page 2 proximity (within approximately 300 feet) to a known and/or recorded archaeological site or an identified archaeological resource, as determined by the archaeologist. 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. 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 (KWIC) 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 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. 3. 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 local Native American organization (the Federated Tribe 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 2 Archaeological Resource 1-�..,cedures and Regulations Page 3 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. 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 may include in the permit that is issued or place on the construction plans, an informational note or 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 A statement informing the property owner that it is their responsibility Archaeological Resource I-..,cedures and Regulations Page 4 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 Native American representatives and any agencies that have issued permits for the property. B. Activities involving Discretionary Permits that are Typically Exempt 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: 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 for 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. 4 Archaeological Resource r�..,cedures and Regulations Page 5 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 local Native American representatives and any agencies that have issued permits for the property. 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 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 for 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 5 Archaeological Resource I-iocedures and Regulations Page 6 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. 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. Mitigation measures can include avoidance of the resource through revisions in the project design, capping or removing the resource. 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 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 local Native American representatives and any agencies that have issued permits for the property. 6 Archaeological Resource I-�..,cedures and Regulations Page 7 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 KWIC or its successor. Final reports and investigations shall be kept confidential to the extent permitted by law. regs&pro.arc 7 C7 Q a� O N > �, cd cd U O O a) U v 3 x a