CCP601 Historic, Archeo, Paleo Resource Mgt.CITY OF SAN JUAN CAPISTRANO
COUNCIL POLICY
Subject: Effective Policy
HISTORIC, ARCHAEOLOGICAL & Page Date Number
PALEONTOLOGICAL RESOURCE
MANAGEMENT 1 of 14 3/18/97 601
1. Intent and Purpose
a. It is the general intent of the City Council to protect and preserve its unique
heritage and valuable built historic, archaeological and paleontological
resources within the community. In support of this specific goal the City has
adopted an Historic Archaeological Element as a part of the City's General
Plan.
b. Since 1985, the City has conducted extensive archaeological studies in the
immediate downtown area of the City which have resulted in the discovery of
archaeological resources associated with the community's historic past. In
response to these discoveries, the City Council has determined that it is
necessary to establish specific procedures and polices to insure that
significant historic resources, either known or discovered during construction,
will be preserved as a community resource in the most financially equitable
method.
c. To establish administrative procedures for the preparation of site surveys by
professionally qualified persons, i.e., with a specific field of expertise in
conducting research and on-site surveys regarding potential historic,
archaeological and paleontological resources.
d. To establish review procedures to evaluate historic resource reports,
including possible impacts to sites, structures, and artifacts and identification
of potential mitigation measures or project alternatives.
e. To adopt procedures to insure proper mitigation measures and monitoring
are implemented during development to provide historic resource protection
and preservation.
f. To establish administrative procedures where all significant historic,
archaeological and paleontological sites would be recorded with the City and
with the proper corresponding research institution.
g. To effect and accomplish the protection, enhancement and perpetuation of
historically significant structures, sites, objects and historic districts which
represent or reflect elements of the Nation's, State's and/or City's cultural,
social, economic, political and architectural history.
CITY OF SAN JUAN CAPISTRANO
COUNCIL POLICY
Subject: Effective Policy
HISTORIC, ARCHAEOLOGICAL & Page Date Number
PALEONTOLOGICAL RESOURCE
MANAGEMENT 2 of 14 3/18/97 601
2. Definitions – The following definitions shall apply to certain terms included in this
policy.
a. Historic Resource – a district, site, building, structure or object significant in
American history, architecture, engineering, archaeology or culture at the
national, state or local level.
b. Sensitive Area – an area that is located immediately adjacent to known
sites, and/or an area that historic maps or reference materials indicates the
presence of possible artifacts.
c. Significant Historic or Cultural Resource – an artifact that can be
associated with an event or person having a recognized significance in
California or American history, or recognized as having scientific importance
in the prehistory period, has a special or particular quality such as oldest,
best example, or last surviving example of its kind; is at least 50 years old
and possesses substantial stratigraphic integrity, or involves important
research questions that historical research has shown can be answered only
with archaeological methods.
d. Significant Paleontological Site – an area where the presence of
paleontological artifacts which have a particular scientific importance such as
containing a complete species, or located in a unique stratigraphic location
and/or geologic formation.
3. Scope and Applicability of Council Policy
The provisions of this policy shall apply to all activities including but not limited to
proposed structures, expansions, additions, alterations, grading, excavation,
trenching, and/or demolition on properties, premises, existing buildings and
structures and their grounds or setting, trees and places classified as follows:
a. Listed on the "Inventory of Historic and Cultural Landmarks" as adopted by
City Council Resolution in accordance with Section 9-2.310 of the Municipal
Code.
b. Listed as a "State Register of Historic Landmarks" or on the "National
Register of Historic Places".
CITY OF SAN JUAN CAPISTRANO
COUNCIL POLICY
Subject: Effective Policy
HISTORIC, ARCHAEOLOGICAL & Page Date Number
PALEONTOLOGICAL RESOURCE
MANAGEMENT 3 of 14 3/18/97 601
c. Those historic resources which are determined by the Planning Director, the
State Historic Preservation Officer, or the National Trust for Historic
Preservation to be eligible for listing on the California Register of Historic
Resources, the National Register of Historic Places, or the City's Inventory of
Historic Resources according to the standards for inclusion on either the
State, Federal or Local Registers.
d. In cases where there exists a likelihood that significant historic resources
once existed on the property as defined by the "sensitive area survey" as
adopted by City Council Resolution.
4. Requirements
All development applications filed subject to the provisions of Title 9, Chapter 2,
Administration and Procedures of the Municipal Code and satisfying the above
criteria shall be required to submit a historic resource and/or paleontological report
to the City as a part of their application submittal except as may be specifically
exempted as identified below. A development application shall not be considered
complete until said report as required by this chapter is submitted to the City.
The following applications shall be exempt from the requirements for submitting
reports:
a. Applications for property for which a previously prepared historic resources
and/or paleontological resources report has been accepted by the City,
provided that there were no significant errors in methodology or the
information presented as determined by the City's Environmental
Administrator and the application complies with any applicable mitigation
requirements.
b. Projects which require a permit application and which will not excavate (1)
deeper than 18 inches, (2) more than 50 cubic yards of earth, or (3) the
Planning Director makes a determination that the geologic strata will not yield
subsurface artifacts are exempt from submitting a historic resource or
paleontological report unless there is a previously identified historic resource
on the site; or the Planning Director makes a determination that a potential
historic resource exists on the project; or in the instance of paleontological
resources, a survey has already been completed and a report prepared.
CITY OF SAN JUAN CAPISTRANO
COUNCIL POLICY
Subject: Effective Policy
HISTORIC, ARCHAEOLOGICAL & Page Date Number
PALEONTOLOGICAL RESOURCE
MANAGEMENT 4 of 14 3/18/97 601
If the Planning Director determines that the proposed project could potentially
affect a known or suspected historic resource adjacent to the project site,
then the applicant will be required to submit a historic resource report in order
to determine the potential impacts to the historic resource.
c. Projects that are limited to repair and maintenance of existing facilities and
utilities.
5. Administration of Report Preparation
Preparation of archaeological and paleontological reports shall be the responsibility
of the applicant. The applicant shall only use certified archaeologists and
paleontologists in accordance with the provisions below for reports on historic
resources and/or paleontological reports. For reports on built historic resources, the
Planning Director must approve of the consultant who will prepare that portion of the
historic resources report based on their qualifications in the field of historic
preservation.
6. Qualifications for Report Preparation
Reports shall be prepared by individuals or organizations having the following
qualifications:
a. Persons qualified to prepare the preliminary archaeological survey and report
shall be certified by the County of Orange and the Society of Professional
Archaeologists in the appropriate category of expertise (e.g., field research,
historical archaeology, etc.). A list of qualified professionals and their
certified categories of expertise is on file with the Department of Planning
Services.
b. Persons qualified to prepare the preliminary paleontological survey and
report shall be certified by the County of Orange. A list of qualified
professionals is on file with the Department of Planning Services.
c. Persons qualified to prepare the preliminary historic resources for non-
archaeological resources must be approved by the Department of Planning
Services based on the submittal of their qualifications to prepare such reports
consistent with the Secretary of the Interior's guidelines for historian and
architectural historian.
CITY OF SAN JUAN CAPISTRANO
COUNCIL POLICY
Subject: Effective Policy
HISTORIC, ARCHAEOLOGICAL & Page Date Number
PALEONTOLOGICAL RESOURCE
MANAGEMENT 5 of 14 3/18/97 601
7. Report Contents
Historic Resource and/or Paleontological Reports shall include the following
information:
a. Document is to be clearly signed by the individual author or authors and
dated.
b. The report shall contain a clear map delineating project/study boundaries.
c. The report shall include location of specific sites, features, isolates, and
structures described within the report. The mapped location of
archaeological sites is confidential information, not to be released for public
view; it is to be provided to the City as a separable Appendix to the main
report, or on a separate sheet.
d. Reports shall include archaeological record or isolate form (DPR 422) for
each site, complete with area map, site map, and trinomial, and form DPR
523 for each historic structure.
e. The report shall quantify all historic resource and/or paleontological materials
observed on the property.
f. The report shall identify the place from where historic resource and/or
paleontological material was collected, or excavated, and presently curated.
g. The report shall identify the name of all crew persons including supervisors
and laboratory personnel involved in the site survey or report preparation.
h. The report shall include the dates of field survey or excavation; length of time
expended on methods and intervals used in the survey; any limitations on
ground coverage or visibility; sources of background information; criteria used
in evaluating the property.
CITY OF SAN JUAN CAPISTRANO
COUNCIL POLICY
Subject: Effective Policy
HISTORIC, ARCHAEOLOGICAL & Page Date Number
PALEONTOLOGICAL RESOURCE
MANAGEMENT 6 of 14 3/18/97 601
i. The report shall include photographs of the potential historic resource or
paleontological material, as directed by the Planning Director and any other
information required by the Planning Director, the Environmental
Administrator or any City Commission which is delegated responsibility to
review historic resource or paleontological reports as part of their
consideration in making decisions on development or project applications.
j. Reports shall identify principal investigators, authors, those responsible for
directing field work qualified to render such services.
k. The report shall follow defined orderly process, i.e., inventory (background
research and survey), testing methods and results (if necessary), evaluation
of significance by defined criteria, and recommendations for potential
mitigation measures or project alternatives.
8. Review Process
All development applications subject to the provisions of this policy shall be
reviewed in the following manner in order to effectively evaluate significant historic
resources and/or paleontological materials that may or may not exist on the project
site:
a. The applicable preliminary report shall be submitted to the Environmental
Administrator as part of the responsibility to insure compliance with the
California Environmental Quality Act and referral to City boards/commissions.
The Environmental Administrator may take the following actions:
CITY OF SAN JUAN CAPISTRANO
COUNCIL POLICY
Subject: Effective Policy
HISTORIC, ARCHAEOLOGICAL & Page Date Number
PALEONTOLOGICAL RESOURCE
MANAGEMENT 7 of 14 3/18/97 601
(1) If the report recommends and the City's Environmental Administrator
concurs that no significant historic resources are present, or in the
case of a paleontological report that no surface findings were
identified in the preliminary site survey, the Environmental
Administrator shall require that the project comply with on-site
Monitoring and Mitigation Enforcement (see section below). If referral
to Cultural Heritage Commission is not required, the Chairman or
designate shall be notified of the Environmental Administrator's action.
If the Chairman of the Cultural Heritage Commission or designated
person determines that the report indicates that a historic resource
may be potentially impacted by the proposed project, then a written
request for reconsideration shall be submitted within seven (7) days of
the Administrator's action.
(2) If additional work is necessary or artifacts are present as noted in the
report, said report (as amended if additional work is conducted) shall
be referred to the Cultural Heritage Commission and considered in
accordance with the provisions of Section 8 following.
b. If the preliminary report is referred by the Environmental Administrator to the
Cultural Heritage Commission, said documents shall be reviewed and
considered by the Commission. The Commission's recommendation shall be
forwarded to the Planning Commission as part of their overall review of the
development application.
c. The Planning Commission, in reviewing the development proposal, shall
evaluate the report and recommendation from the Cultural Heritage
Commission and if the Planning Commission determines it necessary, shall
incorporate mitigation conditions for a project in order to preserve any known
or identified significant cultural resource. In taking said action the cost of
these mitigation measures shall not exceed the limitations identified in the
adopted CEQA Guidelines, Appendix K as follows:
(1) One half of one percent (½%) of the projected cost of the project if the
project is a commercial or industrial project.
(2) Three-fourths of one percent of the projected cost of the project for a
housing project consisting of one unit.
CITY OF SAN JUAN CAPISTRANO
COUNCIL POLICY
Subject: Effective Policy
HISTORIC, ARCHAEOLOGICAL & Page Date Number
PALEONTOLOGICAL RESOURCE
MANAGEMENT 8 of 14 3/18/97 601
(3) If a housing project consists of more than one unit, three-fourths of
one percent of the projected cost of the first unit plus the sum of the
following:
(i) $200.00 per unit for any of the next 99 units,
(ii) $150.00 per unit for any of the next 400 units,
(iii) $100.00 per unit for units in excess of 500 units.
d. Any conditions or mitigation measures required by the Planning Commission
shall be forwarded to the Building and Safety Division and enforced in
accordance with Section 21081.6 of the California Public Resource Code.
e. Decision of the Cultural Heritage Commission, the Planning Commission or
the Environmental Administrator may be appealed to the City Council in
accordance with Section 9-2.314 of the Municipal Code.
f. All site records and survey, tests, and mitigation reports shall be filed with the
South Central Coastal Information Center at UCLA.
9. On-Site Monitoring and Mitigation Enforcement for Historic Resources
(Archaeology/Historic Structures)
a. The Building and Safety Division shall be provided with an executed
consultant services contact with the individual responsible for supervising on-
site monitoring (from approved list of qualified archaeologists supplied by the
City). In instances, due to known or expected existence of subsurface Native
American historic resources, the consulting archaeologist may request that a
Native American Monitor be present on-site during grading operations.
b. Services for retaining Native American Monitors shall be in accordance with
applicable guidelines adopted by City Council Resolution and provisions of
State law.
c. If unanticipated subsurface historic resources are discovered at the site, the
archaeologist shall take immediate steps to stop all construction activity in the
proximity of the cultural material. The Environmental Administrator shall be
immediately informed of the situation. If it is determined that the find is an
isolated occurrence or that the remaining construction activity will not
significantly impact the historic resource, work shall be permitted to continue
CITY OF SAN JUAN CAPISTRANO
COUNCIL POLICY
Subject: Effective Policy
HISTORIC, ARCHAEOLOGICAL & Page Date Number
PALEONTOLOGICAL RESOURCE
MANAGEMENT 9 of 14 3/18/97 601
on the site. A report by the project archaeologist shall be submitted prior to
the final inspection of the site, detailing the contents of the unearthed historic
resource and a report shall be submitted by a historic resource consultant
detailing the find/determination regarding the historic resource (drawings,
photographs, etc. may not be needed and work could continue as long as the
site is not impacted).
d. In the event of an unanticipated discovery, when neither an archaeologist nor
Native American monitor is on site, the information is to be communicated to
the City's Environmental Administrator at once.
e. When cultural material is encountered under "c" or "d" above, work shall be
halted or diverted from the vicinity of the discovery until the significance of
the historic resource can be determined as stated in the procedure contained
in "f" below.
f. The Environmental Administrator shall determine if the City should retain the
services of a separate consulting archaeologist to conduct a site visit to
determine the significance of the find. If a City's archaeologist is retained, the
project archaeologist must consult with the City's consultant to determine the
significance of the site. A signed statement will be prepared by the project
archaeologist within 24 hours of the find indicating whether the find is
potentially significant and the recommended course of action for
reconnaissance/protection. This statement is to be reviewed by the City's
archaeologist. The conclusions of both archaeologists, including differing
views, is to be submitted to the Environmental Administrator.
In the case of a historic resource which is not archaeological in nature, the
City's Environmental Administrator shall determine if a historic resource
consultant must conduct a site visit in order to determine the significance of
the previously unknown historic resource or the proposed changes to the
historic resources which are necessitated by this most recent discovery.
g. This report shall be immediately transmitted within 24 hours of said
notification to the City. Work shall be diverted or halted for a period not to
exceed 72 hours in order for the Environmental Administrator to conduct a
hearing on the report and recommendations. Copies of the report shall be
distributed to the City's consulting archaeologist.
CITY OF SAN JUAN CAPISTRANO
COUNCIL POLICY
Subject: Effective Policy
HISTORIC, ARCHAEOLOGICAL & Page Date Number
PALEONTOLOGICAL RESOURCE
MANAGEMENT 10 of 14 3/18/97 601
h. The Environmental Administrator shall schedule a special meeting to
consider the report and recommendations. Notification of the special meeting
shall be as follows:
(1) Posting of the meeting agenda at the City Hall lobby, San Juan Hot
Springs Dance Hall and San Juan Capistrano Library.
(2) Verbal notification to the permit applicant, on-site archaeologists.
(3) Verbal notification to the City's archaeologist.
(4) Verbal notification to the Chairman of the Cultural Heritage
Commission.
(5) Verbal notification to interested individuals and groups which have
submitted a written request for such notification.
i. The Environmental Administrator, after considering the contents of the report,
its recommendations and findings, and review of testimony by interested
individuals or groups, may take the following actions:
(1) Determine that the find is insignificant and allow work to resume.
(2) Determine that additional testing is necessary to evaluate the
significance of the artifacts. Said testing and preliminary report to be
submitted within 14 days.
(3) Determine that the proposed project will not significantly affect the
historic resource and that it can be documented and left in situ without
compromising the integrity of the historic resource.
(4) Forward a recommendation to the City Council to initiate data
recovery procedures or protect the artifacts in situ.
j. If additional testing is determined, similar procedures as defined by
subsections "d", "e", and "f" shall be followed.
CITY OF SAN JUAN CAPISTRANO
COUNCIL POLICY
Subject: Effective Policy
HISTORIC, ARCHAEOLOGICAL & Page Date Number
PALEONTOLOGICAL RESOURCE
MANAGEMENT 11 of 14 3/18/97 601
k. If the Environmental Administrator forwards a recommendation of either data
recovery or protection in situ that conflicts with currently approved plans, the
item shall be scheduled for consideration at the next meeting of the City
Council as an urgency item. The decision of the City Council shall be
considered final.
l. Actions of the Environmental Administrator (subsection "f" above) may be
appealed to the City Council.
m. If in the event that cultural material is discovered in accordance with section
"d", above, all expenses related to work preformed, shall be reimbursed by
the permit applicant.
n. Whether cultural material is discovered or not, all monitors (archaeologists
and Native American) shall submit a written summary of their services and
observations.
o. Prior to the issuance of any permit or action to proceed for the demolition of a
historic resource, the owner may be required to allow for the removal of any
significant feature. The owner shall make these features first available to
local historic interest groups and the expense of the removal and storage of
the features is to be borne by these historic interest groups.
The owner may also be required, as a mitigation measure for any proposed
demolition or alteration of a historic resource, to document the historic
resource photographically and with a written description and a historical
statement. These records will become the property of the City and will be
incorporated into the City's Historic Resource files which are available for
public use.
10. On-Site Monitoring and Mitigation Enforcement (Paleontology)
a. The Building and Safety Division shall be provided with an executed
consultant services contract with the individual responsible for supervising
on-site monitoring (from approved list of qualified paleontologists) to be
present on-site during grading operations.
CITY OF SAN JUAN CAPISTRANO
COUNCIL POLICY
Subject: Effective Policy
HISTORIC, ARCHAEOLOGICAL & Page Date Number
PALEONTOLOGICAL RESOURCE
MANAGEMENT 12 of 14 3/18/97 601
b. If paleontological material is present on the site, the paleontologist shall
submit a report describing the artifacts that exist on the site. Said report shall
include a statement on the significance of the discovery and recommended
actions. If the paleontologist finds that the find is insignificant, the
Environmental Administrator may allow construction to proceed.
c. If this report finds that the discovery may be significant it shall be immediately
transmitted to the City within 24 hours of notification. Work shall be diverted
or halted for a period not to exceed 72 hours in order to schedule and
conduct a hearing on the report and recommendations by the City's
Environmental Administrator.
d. The Environmental Administrator shall schedule a special meeting to
consider the report and recommendations. Notification of the special
meeting shall be as follows:
(1) Posting of the meeting agenda at the City Hall lobby, San Juan Hot
Springs Dance Hall and San Juan Capistrano Library.
(2) Verbal notification to the permit applicant, on-site paleontologist.
(3) Verbal notification to the Chairman of the Cultural Heritage
Commission.
(4) Verbal notification to interested individuals and groups which have
submitted a written request for such notification.
e. The Environmental Administrator, after considering the contents of the report,
its recommendations, and review of testimony by interested individuals or
groups, may take the following actions:
(1) Determine that the find is insignificant and allow work to resume.
(2) Determine that additional testing is necessary to evaluate the
significance of the artifacts. Said testing and report to be submitted
within 14 days.
(3) Forward a recommendation to the City Council to initiate data
recovery procedures or protect the artifacts in situ.
CITY OF SAN JUAN CAPISTRANO
COUNCIL POLICY
Subject: Effective Policy
HISTORIC, ARCHAEOLOGICAL & Page Date Number
PALEONTOLOGICAL RESOURCE
MANAGEMENT 13 of 14 3/18/97 601
f. If additional testing is determined, similar procedures as defined by
subsections "d", and "e" shall be followed.
g. If the Environmental Administrator forwards a recommendation of either data
recovery or protection in situ, the item shall be scheduled for consideration at
the next meeting of the City Council. The decision of the City Council shall
be considered final.
h. Actions of the Environmental Administrator (subsection "e" above) may be
appealed to the City Council.
i. Whether source material is discovered or not, a written report shall be
prepared by all monitors summarizing their services and observations.
11. Repair, Rehabilitation, Restoration, Preservation and Relocation of Historic
Resources
a. All work performed on historic resources shall be done in accordance with the
Secretary of the Interior's Standards as published by the National Park
Service. This includes all repair, rehabilitation, restoration, preservation and
relocation of historic resources.
b. Applications to demolish, remove, relocate or otherwise alter any structure, or
site including trees and other vegetation shall be made to the Department of
Planning Services in a form as defined by procedures approved by the
Director of Planning.
c. Upon submission of a complete application, a report shall be prepared and
agendize for consideration by the Cultural Heritage Commission.
d. The Cultural Heritage Commission shall consider the request and make a
decision to either approve or deny the application. Said decision shall be
transmitted to the Director of Planning. If the proposed alteration does not
require review by other decision-making authorities pursuant to Title 9,
Chapter 2 of the Municipal Code, the application shall be released for permit
issuance to the Department of Engineering and Building Services.
e. Decisions of the Cultural Heritage Commission may be appealed to the City
Council in accordance with Section 9-2.314 of the Title.
CITY OF SAN JUAN CAPISTRANO
COUNCIL POLICY
Subject: Effective Policy
HISTORIC, ARCHAEOLOGICAL & Page Date Number
PALEONTOLOGICAL RESOURCE
MANAGEMENT 14 of 14 3/18/97 601
f. Routine maintenance of historic resources that only entails the repair and
replacement of materials in kind shall be exempt from the requirement of
filing a development application with the City. However, an administrative
determination must be made by the Environmental Administrator that the
proposed work consists solely of the repair and replacement of materials in
kind, and is therefore exempt from the City's application and review
procedures.
g. Owners of historic resources shall be exempt from all City fees for the repair,
rehabilitation, restoration, preservation and relocation work performed on
historic resources which does not negatively impact the historic resource as
determined by the Environmental Administrator.
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