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16.1 A: ARCHAEOLOGICAL RESOURCE AREA OUTSIDE SHELTER COVE

16.1.1 Purpose. The purpose of these regulations is to provide for reasonable mitigation measures where development would have an adverse impact upon archaeological and paleontological resources. (Former Section CZ#A314-52(A))

16.1.2 Applicability. These regulations shall apply to lands designated “A” on the Zoning Maps, except for the Shelter Cove area, which includes areas with great archaeological and paleontological value as identified by the State Historic Preservation Officer. (Also see, the section “Archaeological Resource Area Regulations for Shelter Cove”.) (Former Section CZ#A314-52(B))

16.1.3 Modifications Imposed by the Archaeological Resource Area Regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulations, the regulation most protective of archaeological resources shall apply. (Former Section CZ#A314-52(C))

16.1.4 Required Mitigation. Measures to mitigate adverse environmental effects of development within Archaeological Resource Areas shall include, but are not limited to, the following: (Former Section CZ#A314-52(D))

16.1.4.1Relocate planned structures and roads to avoid or mitigate impacts on archaeological sites; (Former Section CZ#A314-52(D)(1))

16.1.4.2Provide protective cover for sites that cannot be avoided; (Former Section CZ#A314-52(D)(2))

16.1.4.3Where appropriate, and providing all parties concerned approve, the removal or transfer of culturally significant material by a professional archaeologist shall be permitted. (Former Section CZ#A314-52(D)(3))

16.1.5 Additional Requirements for the Protection of Native American Graves, Burial Grounds, Cemeteries and Ceremonial Sites. Notwithstanding the other provisions of this Chapter, whenever a development will involve activities which may adversely affect Native American graves, cemeteries, burial grounds, or ceremonial sites, the County will follow or impose the following requirements: (Former Section CZ#A314-52(E))

16.1.5.1 Consultation With Indian Associations. Prior to final approval or authorization of such development, the County shall consult with representatives of the Northwest Information Center of the California Archaeological Inventory (NICCAI), Department of Anthropology, Sonoma State University, and the Native American Heritage Commission (NAHC) and any known interested Native Americans. Such consultation will be directed to the questions of whether the project or operation will adversely affect Indian graves, cemeteries, burial grounds, or ceremonial sites, and whether there are reasonable alternative means of accomplishing the project or operation which would not adversely affect such graves, cemeteries, burial grounds or ceremonial sites. (Former Section CZ#A314-52(E)(1))

16.1.5.2 Required Mitigation Action. Based upon the information and recommendations received during the review (see, subsection 16.1.5.1), the project application shall be acted on in a manner that provides the best feasible protection to cultural sites. (Former Section CZ#A314-52(E)(2))

16.2 A: SPECIAL ARCHAEOLOGICAL RESOURCE AREA REGULATIONS FOR SHELTER COVE

16.2.1 Purpose. The purpose of these regulations is to ensure that reasonable mitigation measures be required where development might have an adverse impact upon archaeological and paleontological resources in Shelter Cove. (Former Section CZ#A314-53(A))

16.2.2 Applicability. These regulations for Shelter Cove shall apply to lands designated “A” on the Zoning Maps in Shelter Cove, which include areas with significant archaeological and paleontological value as identified by the State Historic Preservation Officer. (Former Section CZ#A314-53(B))

16.2.3 Modifications Imposed by the Special Archaeological Resource Area Regulations for Shelter Cove. These regulations for Shelter Cove shall be in addition to regulations imposed by the principal zone, development regulations, and other Special Area Combining Zone regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulations, the regulations most protective of archaeological resources shall apply. (Former Section CZ#A314-53(C))

16.2.4 Required Mitigation. Measures to mitigate adverse environmental effects of development within Special Archaeological Resources Areas for Shelter Cove shall include, but are not limited to, the following: (Former Section CZ#A314-53(D))

16.2.4.1Site planned improvements to avoid or mitigate impacts on archaeological sites; (Former Section CZ#A314-53(D)(1))

16.2.4.2Provide protective cover for sites that cannot be avoided; (Former Section CZ#A314-53(D)(2))

16.2.4.3Where appropriate and with concurrence of responsible agencies, the removal or transfer of culturally significant material by professional archaeologists shall be permitted. (Former Section CZ#A314-53(D)(3))

16.2.5 Procedures for Determining Required Mitigation.

16.2.5.1Prior to final development approval or authorization, the County shall condition the Coastal Development Permit to include an agreement to stop work in the event of discovery of any archaeological resources during construction. Said agreement shall provide for work stoppage on the affected resource area until a qualified archaeologist can determine the significance of the resource and suggest appropriate mitigation measures. The agreement shall not require an applicant to stop work for a period in excess of five (5) days, but shall provide an assurance that opportunity for reasonable mitigation to be carried out will be provided in the event significant archaeological resources are encountered. (Former Section CZ#A314-53(E)(1))

16.2.5.2The stop work agreement requirement (see subsection 16.2.5.1) may be waived where responsible referral agencies have indicated such an agreement is not necessary or appropriate. (Former Section CZ#A314-53(E)(2))

16.2.5.3On lands designated “A” on the Shelter Cove Coastal Zoning Maps, the County shall, prior to authorization or approval of development, consult with representatives of the Northwest Information Center of the California Archaeological Inventory (NICCAI), Department of Anthropology, Sonoma State University, the Native American Heritage Commission (NAHC), any known interested Native Americans, and the Bureau of Land Management staff archaeologist assigned to the King Range Area. Such consultation shall be directed at determining whether or not the proposed project would adversely affect significant archaeological or cultural heritage resources. (Former Section CZ#A314-53(E)(3))

16.2.5.4Where the response to the above consultation provides substantial information which indicates that significant archaeological resources would be adversely affected, the County, where feasible, shall require the project to avoid the significant resources and to allow for permanent protection of such resources. (Former Section CZ#A314-53(E)(4))

16.2.5.5Where avoidance of such resources is not feasible, a plan of excavation shall be required to be prepared and carried out for the portions of the site that would be disturbed or covered by improvements such as foundations, drive-ways, and utility hookups. (Former Section CZ#A314-53(E)(5))

16.2.5.6The plan of excavation shall:

16.2.5.6.1Be prepared by a qualified archaeologist; (Former Section CZ#A314-53(E)(6)(a))

16.2.5.6.2Be compatible with preservation and recovery work on adjacent lots; (Former Section CZ#A314-53(E)(6)(b))

16.2.5.6.3Be based on a review of area specific literature; (Former Section CZ#A314-53(E)(6)(c))

16.2.5.6.4Be peer reviewed by the above-mentioned referral agencies; (Former Section CZ#A314-53(E)(6)(d))

16.2.5.6.5Be a brief summary of the excavation proposed as part of a mitigation plan; (Former Section CZ#A314-53(E)(6)(e))

16.2.5.6.6List and briefly discuss the important information the archaeological resources contain or are likely to contain; (Former Section CZ#A314-53(E)(6)(f))

16.2.5.6.7Explain how the information should be recorded to be useful in addressing scientifically valid research questions and other concerns identified in the plan prepared pursuant to this section; (Former Section CZ#A314-53(E)(6)(g))

16.2.5.6.8Explain the methods of analysis and, if feasible, display of excavated materials; (Former Section CZ#A314-53(E)(6)(h))

16.2.5.6.9Provide for final report preparation and distribution; (Former Section CZ#A314-53(E)(6)(i))

16.2.5.6.10Explain the estimated cost of and time required to complete all activities undertaken under the plan; and (Former Section CZ#A314-53(E)(6)(j))

16.2.5.6.11Be available for review only on a “need-to-know” basis. (Former Section CZ#A314-53(E)(6)(k))

16.2.5.7Where the cost of carrying out the excavation is neither feasible nor reasonable, the County shall determine the appropriate limits on mitigation in accordance with California Environmental Quality Act guidelines, as may be applicable at the time of project review. (Former Section CZ#A314-53(E)(7))

16.3 AP: AIRPORT SAFETY REVIEW

16.3.1 Purpose. The purpose of these provisions is to establish regulations to maintain compatibility between proposed land uses and development and Humboldt County airports. (Former Section CZ#A314-50(A))

16.3.2 Applicability. These regulations shall apply:

16.3.2.1To lands designated AP on the Zoning Maps that are described in Section 333, Chapter 3, Division 3, Title III, of the Humboldt County Code as clear zones, approach zones, transition zones, and beneath the flight track; or

16.3.2.2To lands identified in the Technical Report for the Humboldt County Airports Master Plan as appropriate for airport safety review zoning. (Former Section CZ#A314-50(B))

16.3.3 Permitted Land Use. The following Airport Safety Review Zoning Matrix table specifies the land uses that are permitted, and the type of permit required, when the AP - Airport Safety Review Zone is combined with a principal zone district. (Former Section CZ#A314-50(C))

16.3.4 Development Standards. In addition to the development standards of the applicable principal zone, the following standards shall apply whenever the AP - Airport Safety Review Zone is combined with the principal zone: (Former Section CZ#A314-50(D))

16.3.4.1No structure, tree, or other object shall be permitted to exceed the height limits established in Section 331, of the Humboldt County Code. (Former Section CZ#A314-50(D)(1))

16.3.4.2Buildings constructed over thirty-five feet (35') may be allowed if a Special Permit is obtained. (Former Section CZ#A314-50(D)(2))

16.3.4.3 Maximum Density in Approach Zones.

16.3.4.3.1The maximum density in an approach zone is one unit per three acres. A minimum of one dwelling unit (1du) per lawfully created lot is permitted, even if this density is exceeded, but a Special Permit is required. The Special Permit process shall be used to retain, to the maximum extent feasible, the contiguous open space in the approach zone. (Former Section CZ#A314-50(D)(3))

16.3.4.3.2Exceptions to the maximum density of one unit per three acres within an approach zone may be permitted subject to approval by the Director of the Department of Public Works, which approval shall occur during the Special Permit process. (Former Section CZ#A314-50(D)(3))

AIRPORT SAFETY REVIEW ZONE MATRIX

Use

Clear Zone

Approach Zone

Transitional Zone

Beneath Flight Track

Residential Use Types having an average density of less than ten dwelling units per acre (10du/a)

SP

SP

A

A

Residential Use Types having an average density of ten or more dwelling units per acre (10+du/a)

NA

SP

SP

SP

High Occupancy Use Types whether permanent or temporary and whether in or out of a structure which result in assemblages of more than 25 persons per acre (excluding streets)

NA

SP

A

A

Structures

SP

A

A

A

“NA”

Developments of this type are not permitted uses in this zone.

“SP”

Special Permit required. Review for consistency with Airport/Land Use Safety Compatibility Criteria.

“A”

Use Permitted consistent with principal zone requirements.