Chapter 82.20 — PALEONTOLOGIC RESOURCES (PR) OVERLAY

The Paleontologic Resources (PR) Overlay established by §§ 82.01.020 (Land Use Plan and Land Use Zoning Districts) and 82.01.030 (Overlays) is created in recognition of the following:

(a) The identification and preservation of significant paleontologic (fossil) resources is necessary as many such resources are unique and non-renewable.

(b) Preservation of such paleontologic resources provides a greater knowledge of County natural history, thus promoting County identity and conserving scientific amenities for the benefit of future generations. (Ord. 4011, passed - -2007)

The Paleontologic Resources (PR) Overlay may be applied to those areas where paleontologic resources are known to occur or are likely to be present. Specific identification of known fossil occurrences or potential paleontologic sensitivity is indicated by listing in the locality files of one or more of the following institutions:

(a) San Bernardino County Museum;

• (b) University of California; and

(c) Los Angeles County Museum.

(Ord. 4011, passed - -2007)

When a land use is proposed within a PR Overlay, the following criteria shall be used to evaluate the project’s compliance with the intent of the overlay.

(a) Field Survey Before Grading. In areas of potential but unknown sensitivity, field surveys before grading shall be required to establish the need for paleontologic monitoring.

(b) Monitoring During Grading. A project that requires grading plans and is located in an area of known fossil occurrence within the overlay, or that has been demonstrated to have fossils present in a field survey, shall have all grading monitored by trained paleontologic crews working under the direction of a qualified professional, so that fossils exposed during grading can be recovered and preserved. Paleontologic monitors shall be equipped to salvage fossils as they are unearthed to avoid construction delays, and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. Monitors shall be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. Monitoring is not necessary if the potentiallyfossiliferous units described for the property in question are not present, or if present are determined upon exposure and examination by qualified paleontologic personnel to have low potential to contain fossil resources.

(c) Recovered Specimens. Qualified paleontologic personnel shall prepare recovered specimens to a point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. Preparation and stabilization of all recovered fossils is essential in order to fully mitigate adverse impacts to the resources.

(d) Identification and Curation of Specimens. Qualified paleontologic personnel shall identify and curate specimens into the collections of the Division of Geological Sciences, San Bernardino County Museum, an established, accredited museum repository with permanent retrievable paleontologic storage. These procedures are

also essential steps in effective paleontologic mitigation and CEQA compliance. The paleontologist must have a written repository agreement in hand prior to the initiation of mitigation activities. Mitigation of adverse impacts to significant paleontologic resources is not considered complete until curation into an established museum repository has been fully completed and documented.

(e) Report of Findings. Qualified paleontologic personnel shall prepare a report of findings with an appended itemized of specimens A preliminary report shall be submitted and approved before granting of building permits, and a final report shall be submitted and approved before granting of occupancy permits. The report and inventory, when submitted to the appropriate Lead Agency along with confirmation of the curation of recovered specimens into the collections of the San Bernardino County Museum, will signify completion of the program to mitigate impacts to paleontologic resources.

granting of building permits, and a final report shall be submitted and approved before granting of occupancy permits. The report and inventory, when submitted to the appropriate Lead Agency along with confirmation of the curation of recovered specimens into the collections of the San Bernardino County Museum, will signify completion of the program to mitigate impacts to paleontologic resources.

(f) Mitigation Financial Limits. In no event shall the County require the applicant to pay more for mitigation as required by Subdivisions (b), (c), and (d), above within the site of the project than the following amounts:

(1) One-half of one percent 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; and

(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:

(A) $200.00 per unit for any of the next 99 units;

(B) $150.00 per unit for any of the next 400 units; and

(C) $100.00 per unit for units in excess of 500.

(Ord. 4011, passed - -2007)

Qualified professional paleontologists that are employed to conduct field surveys or monitor grading shall meet the following criteria to qualify to perform work within the County jurisdiction:

(a) Education. An advanced degree (Masters or higher) in geology, paleontology, biology or related disciplines (exclusive of archaeology).

(b) Professional Experience. At least five years professional experience with paleontologic (not including cultural) resources, including the collection, identification and curation of the resources.

(Ord. 4011, passed - -2007)