File #: ORD 20-015    Name: Archaeological Monitoring Penalties
Type: Ordinance Status: RMA Administration - Consent
File created: 7/14/2020 In control: Board of Supervisors
On agenda: 7/28/2020 Final action:
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 Section 15308 and as the establishment of additional enforcement actions by a regulatory agency pursuant to Section 15321; and b. 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.
Attachments: 1. Board Report, 2. Attachment A – Ordinance Cultural Resource Monitoring Penalties, 3. Attachment B - Correspondence dated 7/6/20 from Stamp Erickson, 4. Item No. 62 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 Section 15308 and as the establishment of additional enforcement actions by a regulatory agency pursuant to Section 15321; and
b. 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.
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 Section 15308, and as the establishment of additional enforcement actions by a regulatory agency pursuant to Section 15321; and
b. 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:
Standard conditions of approval are added to development projects in areas of the county with high archaeological sensitivity that are meant to protect tribal and other cultural resources. 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. On July 7, 2020, the Board introduced, waived reading and set July 28th as the date to adopt the ordinance on the consent calendar. The ordinance would become effective the 31st day after adoption (August 28, 2020).

County Code Section 1.22...

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