This Chapter contains grading regulations relating to archeological,
paleontological, and historical sites within the City of Indian Wells.
(Ord. 360 § 1, 1995)
Permits (including encroachment permits) to perform grading
at or near known archaeological, paleontological, or similar sites
of historical significance may be conditioned in such a manner as
to:
(a)
Ensure the preservation of the site;
(b)
Minimize adverse impacts on the site;
(c)
Allow reasonable time for qualified professionals to perform archaeological
investigations at the site; or
(d)
Preserve for posterity, in such other manner as may be necessary
or appropriate in the public interest, the positive aspects of the
cultural or historical site involved.
(Ord. 360 § 1, 1995)
Where a grading (or encroachment permit) has been issued with
respect to an area not known at the time of issuance to include an
archaeological, paleontological, or historical site, and where it
is subsequently learned, either by representatives of the City or
by any person doing grading pursuant to a grading permit, that an
archaeological, paleontological, or historical site may be encompassed
within the area to be graded or being graded, all grading shall cease,
and the grading permit shall be deemed suspended.
(a)
The finding of a site which may be a significant archaeological,
paleontological, or historical site shall be reported to the Planning
Director within seventy two (72) hours from the time the site is found.
The Planning Director, upon receiving such a report, shall cause a
preliminary investigation of the site to be made by qualified professionals
within three (3) working days after the time such a report is received.
(b)
If the preliminary investigation should confirm that the site is
or may be a significant archaeological, paleontological, or historical
site, the grading permit shall remain suspended for a period not to
exceed thirty (30) days after the date the finding of the site was
first reported to, or learned by, the City.
(c)
During the period of suspension, and as promptly as reasonably possible, the Planning Director, after conferring with the permit holder, shall develop conditions to be attached to the grading permit pursuant to the provisions of Section 18.06.020 of this Chapter. When such conditions are developed and attached to the permit, the permit shall be deemed reissued, subject to such conditions, and the suspension shall be deemed terminated.
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In cases where continued grading would destroy valuable archaeological,
paleontological or historical material, the suspension may exceed
thirty (30) days but not more than forty five (45) days after the
date the finding of the site was first reported to, or learned by,
the City. In such case, steps will be undertaken to isolate the particular
site so that other grading might continue.
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(Ord. 360 § 1, 1995)
