The requirements of this chapter are intended to ensure that appropriate safeguards are established and followed in order to protect archaeological, paleontological, and tribal cultural resources whose potential location is identified, or which are actually discovered as a result of development activity.
(Ord. 24-13, 10/1/2024)
A. 
Identified areas with potential archeological, paleontological, and tribal cultural resources. Areas that have been identified as having the potential for containing archaeological, paleontological, or tribal cultural resources include the following:
1. 
Areas identified on Figure RM-4 (Cultural Resources) in the General Plan;
2. 
Areas identified by the environmental review process [Section 17.600.090 (Environmental Review)]; or
3. 
Areas brought to the City's attention through special studies performed after the enactment of this chapter;
4. 
Native soil.
B. 
Resource assessment before CEQA compliance review. Within identified areas with potential archeological, paleontological, and tribal cultural resources, resource assessment shall be completed before CEQA compliance review. The Director may require the submittal of a resource assessment report in compliance with Section 17.500.030 (Resource Assessment Procedures).
(Ord. 24-13, 10/1/2024)
A. 
Archaeological and paleontological resources.
1. 
Where development is proposed for an area in which there are known archaeological or paleontological resources on the site or in the vicinity, and for which the Director determines no adequate prior assessment of on-site resources has been completed, a report shall be prepared by a qualified professional before CEQA compliance review. The Director may waive the requirement for a report if the Director determines that an existing report satisfies this requirement.
2. 
The objective of the report shall be to determine if significant archaeological or paleontological resources are potentially present and if the project will significantly impact these resources.
3. 
If significant impacts are identified, the review authority may require:
a. 
Modification of the project to avoid impacting the archaeological or paleontological resources;
b. 
Monitoring of soil disturbance activities where the soil has a high potential to contain significant nonrenewable archaeological or paleontological resources; or
c. 
Mitigation measures to mitigate the impacts (i.e., recovering the archaeological or paleontological resources for preservation).
C. 
Tribal cultural resources. For projects that involve ground disturbing activities on native soil, prior to the issuance of a grading permit, the applicant shall enter a Treatment and Disposition Agreement (TDA) with the Soboba Band of Luiseño Indians to address treatment and disposition of archaeological/cultural resources and human remains associated with Soboba Band of Luiseño Indians that may be uncovered or otherwise discovered during construction of the project. The TDA may establish provisions for tribal monitors. Following execution of the TDA by the developer and Soboba Band of Luiseño Indians, the TDA will be submitted to the Department and be incorporated by reference into the grading permit.
D. 
Discovery of resources. The City shall make provisions for archaeological or paleontological resources accidentally discovered during construction, or when the City does not have approval authority over the project, shall encourage the lead agency to make provisions. These provisions shall include an immediate evaluation of the find and contingency funding and time allotment sufficient to allow for the recovery of the archeological or paleontological resource or implement measures to avoid disturbing the resource if the resource is determined to be unique.
E. 
Human remains.
1. 
In the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains shall be halted until the County Coroner has been informed and has determined that no investigation of the cause of death is required.
2. 
If the remains are of Native American origin, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until:
a. 
The descendants from the deceased Native Americans have made a recommendation to the landowner or the persons responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code Section 5097.98, or
b. 
Confirmation is provided to the City that the Native American Heritage Commission (NAHC) was unable to identify a descendant or the descendant failed to make a recommendation within 24 hours after being notified by the NAHC.
F. 
Notification to Native American tribes.
1. 
Amendments and adoptions. Before adopting any General Plan, General Plan amendment, specific plan, or specific plan amendment, the City shall in compliance with Government Code Section 65352.3 take the following actions:
a. 
Notify appropriate tribes of the opportunity for consultation for the purpose of preserving, or mitigating impacts to, cultural places located on land within the City's jurisdiction in compliance with Section 17.720.030D (Notification and consultation with California Native American tribes required).
b. 
Refer the proposed action to those tribes that are on the Native American Heritage Commission (NAHC) contact list and have traditional lands located within the City's jurisdiction for a forty-five-day comment period.
c. 
At least 10 days before a public hearing, the City shall send notice to tribes that have filed a written request for notice in compliance with Section 17.710.020B (Method of notice distribution).
2. 
Open space designations. Before designating open space, the City shall consult with tribes if the affected land contains a cultural place and if the affected tribe has requested public notice in compliance with Government Code Section 65092.
3. 
Conditions of approval for conditional use permits and subdivision maps.
a. 
Prior to the issuance of a grading permit, the developer shall enter a treatment and disposition agreement (TDA) with the Soboba Band of Luiseno Indians to address treatment and disposition of archaeological/cultural resources and human remains associated with Soboba Band of Luiseno Indians that may be uncovered or otherwise discovered during construction of the project. The TDA may establish provisions for tribal monitors. Following execution of the TDA by the developer and Soboba Band of Luiseno Indians, the TDA will be submitted to the Department and be incorporated by reference into the grading permit.
b. 
If an archeological/cultural assessment demonstrates the potential for archeological/cultural resources to occur on the project site, tribal monitors, including the Soboba Band of Luiseno Indians may be allowed to monitor all grading, excavation, ground-disturbing activities, including further survey. Following the agreement of the developer, the designated archeologist, tribal monitor, and any applicable responsible or trustee agencies, grading, excavation, ground-disturbing activities shall be stopped temporarily and redirected in the event that any archeological/cultural resources are discovered in order to evaluate the significance of any archeological/cultural resource discovered on the property.
c. 
If paleontological resources are encountered during grading, ground disturbance activities shall cease so a qualified paleontological monitor can evaluate any paleontological resources exposed during the grading activity. If paleontological resources are encountered, adequate funding shall be provided to collect, curate and report on these resources to ensure the values inherent in the resources are adequately characterized and preserved. Collected specimens shall be sent to the appropriate authorities for collection.
d. 
If human remains are encountered on the property, then the Riverside County Coroner's Office must be contacted within 24 hours of the find, and all work halted until a clearance is given by that office and any other involved agencies. If it is determined that the remains might be those of a Native American, the California Native American Heritage Commission and the Soboba Band of Luiseno Indians shall be notified and appropriate measures provided by state law shall be implemented.
(Ord. 24-13, 10/1/2024)