HomeMy WebLinkAbout(2017, 08/08) - K-5 - AmendedPALEONTOLOGICAL AND ARCHAEOLOGICAL
RESOURCE PROTECTION GUIDELINES
General Policy
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The City will ensure that potential impacts to paleontological and archaeological
resources by public or private development are properly evaluated and mitigated in
accordance with the General Plan, Local Coastal Program and the California
Environmental Quality Act.
Procedures
A. During the preparation of an initial study for a project, staff or a qualified
consultant shall determine if paleontological or archaeological resources exist at
or near a project site. If the site is located in the Coastal Zone, the requirements
and procedures provided in Newport Beach Municipal Code Section
21.30.105(A), or any successor statute, shall be implemented.
B. If resources are known to exist at or near a project site or that, the project could
otherwise affect known resources, a preliminary investigation report shall be
prepared by a qualified professional archaeologist or paleontologist.
C. If the preliminary investigation report concludes that resources are not likely to
be at the present at the project site or encountered during construction, no further
analysis shall be required.
D. If the preliminary report concludes that resources are present at the site or are
likely to be present at the site or may be encountered by project construction,
additional investigative work shall be prepared to identify and disclose the
potential impacts of the project. The impact assessment report shall make every
effort to identify the value of the resource and shall identify feasible design
modifications or other methods to avoid and/or minimize project -related
impacts. The impact assessment report may include a suggested excavation plan
for assessing or mitigating the effect of the project on the qualities which make
the resource important if avoidance is considered infeasible. The impact
assessment report shall also identify feasible mitigation measures that can be
either incorporated within project specifications or applied as conditions of
approval.
E. If paleontological or archaeological resources are discovered during construction,
all construction activities in the general area of the discovery shall be temporarily
halted until the resource is examined by a qualified monitor. The monitor shall
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the significance of the resource recommend next steps (i.e. additional excavation,
curation, preservation, etc.).
F. If human remains are discovered during construction, there shall be no further
excavation or disturbance of the site or any nearby area reasonably suspected to
overlie adjacent remains until the coroner determines that the remains are not
subject to the provisions of Section 27491 of the Government Code, or any
successor statute, or any other related provisions of law concerning investigation
of the circumstances, manner and cause of any death, and the recommendations
concerning the treatment and disposition of the human remains have been made
to the person responsible for the excavation, or their authorized representative,
in the manner provided in Section 5097.98 of the Public Resources Code, or any
successor statute. The coroner shall make his or her determination within two
working days from the time the person responsible for the excavation, or his or
her authorized representative, notifies the coroner of the discovery or recognition
of the human remains. If the coroner determines that the remains are not subject
to his or her authority and if the coroner recognizes the human remains to be
those of a Native American, or has reason to believe that they are those of a Native
American, he or she shall contact, by telephone within 24 hours, the Native
American Heritage Commission and the Newport Beach Building Official.
History
Adopted K-5 - 8-26-1974 ("Paleontological Guidelines")
Amended K-5 -11-11-1974
Adopted K-6 -1-27-1975 ("Archaeological Guidelines")
Amended K-4 -1-24-1994 (changed to K-4)
Amended K-6 -1-24-1994 (changed to K-5)
Amended K-4 & K-5 - 3-22-1999
Amended K-4 & K-5 - 9-27-2011
Amended K-5 - 8-8-2017 (incorporating K-4, renaming "Paleontological and
Archaeological Resource Protection Guidelines")