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Municipal Code, Complete - City of Santa Barbara

Municipal Code, Complete - City of Santa Barbara

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Sections:<br />

22.12.001 Legislative Intent.<br />

22.12.010 Applicability.<br />

22.12.001 Legislative Intent.<br />

Chapter 22.12<br />

ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCES<br />

22.12.020 Standards.<br />

It is the intent <strong>of</strong> this Section to provide for the preservation and protection <strong>of</strong> significant archaeological and<br />

paleontological resources found in the <strong>City</strong> <strong>of</strong> <strong>Santa</strong> <strong>Barbara</strong>.<br />

22.12.010 Applicability.<br />

All new development in the <strong>City</strong> <strong>of</strong> <strong>Santa</strong> <strong>Barbara</strong> shall be designed and constructed wherever feasible to avoid<br />

destruction <strong>of</strong> archaeological and paleontological resources consistent with the standards outlined in Section<br />

22.12.020, below.<br />

22.12.020 Standards.<br />

1. KNOWN SITES. Permits to perform grading determined through the Environmental Review process or<br />

indicated through records kept by the State <strong>of</strong> California, or the University <strong>of</strong> California, to be within an area <strong>of</strong><br />

known or probable archaeological or paleontological significance may be conditioned in such a manner as to:<br />

(a) Ensure the preservation or avoidance <strong>of</strong> the site, if feasible; or<br />

(b) Minimize adverse impacts on the site; or<br />

(c) Allow reasonable time for qualified pr<strong>of</strong>essionals to perform archaeological or paleontological<br />

investigations at the site; or<br />

(d) Preserve for posterity, in such other manner as may be necessary or appropriate in the public interest, the<br />

positive aspects <strong>of</strong> the archaeological or paleontological site involved.<br />

2. UNKNOWN SITES. Where a grading permit has been issued with respect to an area not known at the time<br />

<strong>of</strong> issuance to include archaeological or paleontological resources, and where it is subsequently learned, either by<br />

representatives <strong>of</strong> the <strong>City</strong> or by any persons doing development pursuant to a grading permit, that significant<br />

archaeological or paleontological resources may be encompassed within the area to be graded or being graded, all<br />

grading which has substantial potential to damage archaeological or paleontological resources shall cease and the<br />

grading permit deemed suspended to that extent. The finding <strong>of</strong> a site which may contain significant archaeological<br />

or paleontological resources shall be reported to the Chief <strong>of</strong> Building and Zoning, or the Public Works Director if a<br />

public project, and the Community Development Director within 72 hours from the time such archaeological or<br />

paleontological resources are found. The Chief <strong>of</strong> Building and Zoning, or the Public Works Director if a public<br />

project, upon receiving such a report, shall cause a preliminary investigation <strong>of</strong> the site to be made by qualified<br />

experts at the permittee's expense within five (5) working days after the time such a report is received. If the<br />

preliminary investigation should confirm that the site does or may contain significant archaeological or<br />

paleontological resources, the grading permit shall be suspended for a period not to exceed 45 days after the date the<br />

finding <strong>of</strong> the resources was first reported to or learned by the <strong>City</strong>. During the period <strong>of</strong> suspension, and as promptly<br />

as reasonably possible, the Chief <strong>of</strong> Building and Zoning, or the Public Works Director if a public project, shall<br />

develop conditions to be included in the grading permit pursuant to the provisions <strong>of</strong> Subsection 22.12.020.1 When<br />

such conditions are developed and included in the grading permit, said permit shall be deemed reissued subject to<br />

such conditions, and the suspension shall be deemed terminated. In extraordinary circumstances, the suspension may<br />

be extended beyond 45 days if the Chief <strong>of</strong> Building and Zoning, or the Public Works Director if a public project,<br />

makes application to the <strong>City</strong> Council for such an extension and the Council shall approve extension <strong>of</strong> the<br />

suspension.<br />

3. APPEALS. Any condition or conditions imposed pursuant to the provisions <strong>of</strong> Subsection 22.12.020.1 may<br />

be appealed to the Planning Commission and thence to the Council in the manner prescribed by Section 1.30.050 <strong>of</strong><br />

this <strong>Code</strong>. (Ord. 5136, 1999; Ord. 4174, 1982.)<br />

392-2 rev. 12/31/99

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