HomeMy WebLinkAboutOrdinance 1772 (Preserve Archaeological Resources)ORDINANCE NO. 1772
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
ENACTING NEW CHAPTER 2.19, ARCHAEOLOGICAL RESOURCE
PROTECTION, OF THE SAN RAFAEL MUNICIPAL CODE TO ESTABLISH
MEASURES TO IDENTIFY, PROTECT AND PRESERVE ARCHAEOLOGICAL
RESOURCES 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 the establishment of this
Ordinance 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 Ordinance was published in a local
newspaper of general circulation in the area and mailed to special interest groups; and
WHEREAS, on July 24, 2001, the Planning Commission held a public hearing on
the proposed Ordinance and recommended approval to the City Council; and
WHEREAS, the City Council has approved procedures and regulations for
archaeological resource protection, by adoption of a separate resolution; and
WHEREAS, on October 1, 2001, the City Council held a public hearing and
accepted all oral and written public testimony and the written report of the Community
Development staff.
NOW THEREFORE, the City Council does ordain as follows:
DIVISION 1:
The City Council finds that the proposed Archaeological Resource Protection
Ordinance is consistent with the San Rafael General Plan 2000 Natural Environment
Policy NE -23 Archaeological Studies in that the proposed Ordinance includes measures
to protect archaeological resources in San Rafael.
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DIVISION 2:
Chapter 2.19 of the San Rafael Municipal Code is hereby added as follows:
Chapter 2.19
ARCHAEOLOGICAL RESOURCE PROTECTION
2.19.010 Purpose
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 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.
In recognizing the importance of protecting significant archaeological resources,
the City of San Rafael has determined to:
(a) Establish a procedure for identifying, when possible, archaeological
resources and potential impacts to such resources prior to authorizing excavation and
grading activities.
(b) Provide valuable information and direction to property owners in the
community in order to make them aware of these resources.
(c) Implement measures that would preserve and protect valuable
archaeological resources, when there is a potential for encountering such resources.
(d) 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.
(e) Establish and implement specific protection and preservation measures in
the event archaeological resources are encountered during grading, excavation and/or
construction.
2.19.020 Archaeological Sensitivity Map
Geographic areas of archaeological sensitivity shall be depicted on a Citywide
map. This map shall be prepared by an archaeologist and shall be maintained by and kept
on file with the City Department of Community Development. This map shall:
(a) identify sensitivity levels based on the criteria adopted by Council resolution;
(b) be used as a reference by the City whenever considering or analyzing projects
involving excavation and grading; and
(c) be reviewed and updated periodically as new information becomes available.
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2.19.030 Procedures and Regulations for Archaeological Resource Protection
Specific procedures and regulations shall be implemented by the City to ensure
the protection of archaeological resources as adopted by Council resolution.
DIVISION 3:
If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining
portions of this Ordinance. The Council hereby declares that it would have adopted the
Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of
the fact that any one of more sections, sentences, clauses or phrases be declared invalid.
DIVISION 4:
This Ordinance shall be published once in full before its final passage in a
newspaper of general circulation, published and circulated in the City of San Rafael, and
shall be in full force and effect thirty (30) days after its final sage.
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ALB T J. R ayor
ATTEST:
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JLVXANNE M. LEON INI, City Clerk
The foregoing Ordinance No. 1772 was read and introduced at a regular meeting
of the City Council of the City of San Rafael on Monday, the 1st day of October, 2001,
and was ordered passed to print by the following vote, to wit:
AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
and came up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting
of the Council held on the 15th day of October, 2001, was continued without discussion
to regular City Council Meeting of November 5, 2001, and after discussion, was fizrther
continued by the City Council to the regular meeting of the Council to be held on the
third day of December, 2001, for adoption as an ordinance of the City of San Rafael.
JEMVNE M. LEONCIM, City Clerk