File #: ORD 20-010    Name: Archaeological Penalty Ordinance
Type: Ordinance Status: RMA Administration - Consent
File created: 6/23/2020 In control: Board of Supervisors
On agenda: 7/7/2020 Final action: 7/7/2020
Title: a. Find that adoption of this ordinance is categorically exempt from the California Environmental Quality Act as an action to preserve and protect the environment pursuant to Title 14 California Code of Regulations 15308; and b. Introduce, waive reading, and set July 28, 2020 (Consent) to adopt an ordinance adding new Section 1.22.105 to Chapter 1.22 of the Monterey County Code relating to administrative remedies for violations of requirements to monitor and protect archeological and cultural resources in the unincorporated area of the County of Monterey, and setting fines of $2,000 for the first day, $3,000 for the second day, and $5,000 per day thereafter to a maximum of $50,000.
Attachments: 1. Board Report, 2. Attachment A – Ordinance Archeological Penalties, 3. Item No. 41 Completed Board Order
Title
a. Find that adoption of this ordinance is categorically exempt from the California Environmental Quality Act as an action to preserve and protect the environment pursuant to Title 14 California Code of Regulations 15308; and
b. Introduce, waive reading, and set July 28, 2020 (Consent) to adopt an ordinance adding new Section 1.22.105 to Chapter 1.22 of the Monterey County Code relating to administrative remedies for violations of requirements to monitor and protect archeological and cultural resources in the unincorporated area of the County of Monterey, and setting fines of $2,000 for the first day, $3,000 for the second day, and $5,000 per day thereafter to a maximum of $50,000.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Find that adoption of this ordinance is categorically exempt from the California Environmental Quality Act as an action to preserve and protect the environment pursuant to Title 14 California Code of Regulations 15308; and
b. Introduce, waive reading and set July 28, 2020 (Consent) to adopt an ordinance adding new Section 1.22.105 to Chapter 1.22 of the Monterey County Code relating to administrative remedies for violations of requirements to monitor and protect archeological and cultural resources in the unincorporated area of Monterey County.

SUMMARY/DISCUSSION:
On June 16, 2020, the Board of Supervisors provided direction for staff to prepare an ordinance that strengthens Monterey County's enforcement and increase fines related to non-compliance with conditions to protect cultural resources. Standard conditions are added to development projects in areas of high archaeological sensitivity and are meant to protect tribal and other cultural resources.

County Code Section 1.22 allows staff to assess financial penalties for non-compliance with project conditions of approval on a daily basis for each day that a violation exists. Pursuant to section 1.22.100, for all violations except those pertaini...

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