Morro Bay |
Code of Ordinances |
Title 17. ZONING* |
Chapter 17.48. GENERAL REGULATIONS, CONDITIONS AND EXCEPTIONS |
§ 17.48.310. Protection of archaeological resources.
A.
Intent. It is the city's intent that significant archaeological and historic resources shall be protected, to the greatest extent possible, both on public and privately held lands.
B.
Archaeological Reconnaissance. An archaeological reconnaissance by a qualified archaeologist shall be required as part of initial review for application submission for the following proposed development projects:
1.
Potential archaeological sites: projects located within three hundred feet of areas identified by the city through an archaeological resource inventory as having potential archaeological sites.
2.
Archaeological resources: where evidence of potentially significant archaeological resources is found in an initial study conducted pursuant to the California Environmental Quality Act (CEQA).
C.
Mitigation Plans for Archaeological Sites. Mitigation plans for the protection of archaeological resources during development and related activities shall be required in accordance with the following provisions:
1.
Site Reconnaissance. Where unique, significant or valuable archaeological resources are found as a result of a site reconnaissance as required above, the city shall either require a mitigation plan to protect the site, or to recover the resources.
2.
Construction. Where archaeological resources are discovered during construction of new development (including otherwise ministerial activities such as repair and maintenance of certain public utility facilities) all activities shall cease. Such activities may resume when the director finds the following:
a.
Determination of Significance. That a qualified archaeologist knowledgeable in Chumash culture has determined the significance of the resource and the designated mitigation measures for the protection of such resources;
b.
Potential Impacts. That the potential impacts of the development will be mitigated in the manner recommended by the archaeologist, and/or by one of the following techniques:
i.
Removal of artifacts;
ii.
Dedication of impacted area as permanent open space;
iii.
Coverage of the archaeological site by at least twenty-four inches of sterile sand;
iv.
Any other available measures to avoid development of significant archaeological sites, including purchase tax relief and transfer of development rights.
D.
Activities Other Than Development. Activities other than development which could damage or destroy archaeological resources including but not limited to off-road vehicle activity and unauthorized collecting of artifacts, shall be prohibited unless specifically permitted by the planning commission with provisions for adequately protecting any archaeological resources.
(Ord. 445 § 3 (part), 1995)