It is the intent of this section to provide for the preservation
and protection of significant archaeological and paleontological resources
found in the City of Santa Barbara.
All new development in the City of Santa Barbara shall be designed and constructed wherever feasible to avoid destruction of archaeological and paleontological resources consistent with the standards outlined in Section 22.12.020, below.
A.
Known
sites. Permits to perform grading determined through the Environmental
Review process or indicated through records kept by the State of California,
or the University of California, to be within an area of known or
probable archaeological or paleontological significance may be conditioned
in such a manner as to:
1.
Ensure
the preservation or avoidance of the site, if feasible; or
2.
Minimize
adverse impacts on the site; or
3.
Allow
reasonable time for qualified professionals to perform archaeological
or paleontological investigations at the site; or
4.
Preserve
for posterity, in such other manner as may be necessary or appropriate
in the public interest, the positive aspects of the archaeological
or paleontological site involved.
B.
Unknown
sites. Where a grading permit has been issued with respect to an area
not known at the time of issuance to include archaeological or paleontological
resources, and where it is subsequently learned, either by representatives
of the City or by any persons doing development pursuant to a grading
permit, that significant archaeological or paleontological resources
may be encompassed within the area to be graded or being graded, all
grading which has substantial potential to damage archaeological or
paleontological resources shall cease and the grading permit deemed
suspended to that extent. The finding of a site which may contain
significant archaeological or paleontological resources shall be reported
to the Chief of Building and Zoning, or the Public Works Director
if a public project, and the Community Development Director within
72 hours from the time such archaeological or paleontological resources
are found. The Chief of Building and Zoning, or the Public Works Director
if a public project, upon receiving such a report, shall cause a preliminary
investigation of the site to be made by qualified experts at the permittee's
expense within five working days after the time such a report is received.
If the preliminary investigation should confirm that the site does
or may contain significant archaeological or paleontological resources,
the grading permit shall be suspended for a period not to exceed 45
days after the date the finding of the resources was first reported
to or learned by the City. During the period of suspension, and as
promptly as reasonably possible, the Chief of Building and Zoning,
or the Public Works Director if a public project, shall develop conditions
to be included in the grading permit pursuant to the provisions of
Section 22.12.020.A. When such conditions are developed and included
in the grading permit, said permit shall be deemed reissued subject
to such conditions, and the suspension shall be deemed terminated.
In extraordinary circumstances, the suspension may be extended beyond
45 days if the Chief of Building and Zoning, or the Public Works Director
if a public project, makes application to the City Council for such
an extension and the Council shall approve extension of the suspension.
(Ord. 4174, 1982; Ord. 5136, 1999)
