County Planning Commission Reject Chumash Appeal

Sounds like things got a little “hot” yesterday at a Santa Barbara County Planning Commission hearing.

The Santa Ynez Band of Chumash appealed the Santa Barbara County planning staff's approval for realigning the boundaries of three parcels on the Montanaro Farm near Los Olivos claiming that there was a strong possibility there may be a Chumash cemetery on or near the site. The Chumash sought a more extensive archaeological survey before the lot lines are changed. The farm was purchased by Doug Herthel and his wife, Sue, in 2003 to keep the property from being developed for a high-density residential project. Herthel is chairman of the citizens group Preservation of Los Olivos (POLO), which formed to oppose that housing project - and which has over the years consistently battled the Chumash on numerous issues relating to the tribe's Highway 246 casino and other land-use plans.

Herthel’s attorney said,” “Let's call it what it is: political payback, pure and simple. The tribe doesn't have a legitimate issue” for appealing the lot-line adjustment.

But Sam Cohen, the tribe's government and legal specialist stated, “We've repeatedly and consistently intervened in a number of cultural resource protection cases over the past two or more years. We have a strong possibility that a (Chumash) cemetery is on the Herthel site, and a high likelihood that a village was on this property”

By a 4-0 vote, the commission rejected the Chumash appeal and approved the new lot lines requested by the Herthels but with certain conditions. Before any future construction can occur on the property, the Herthels will be required to pay for an archaeological survey to determine if there are any buried artifacts or other cultural resources of significance. A Native American monitor also must be present during that archaeological sampling.

In addition, the commission also required that the Chumash tribe be notified of any future application for development on that land.

“We have a tremendous respect for Chumash culture and artifacts,” Herthel told commissioners. “The ground will not be disturbed” as a result of the lot lines being redrawn, he added.

Still under review by the county planning staff is the Herthels' separate application to redraw lot lines on the northern portion of the Montanaro Farm. They are proposing to downzone that property for residential ranchettes of several acres each, instead of its current zoning that allows 3.3 houses per acre.

“Their overall plan for the property is to preserve it,” Patricia “Tish” Beltranena, the Herthels' agent, told commissioners. “They're going back to the pattern of 1800s farm lots,” each of three acres or more and fronting on Grand Avenue.

Cohen argued that the change would be detrimental to property that was farmed for more than a century. “Today is literally the end of the Montanaro Farm,” he contended.

Cohen declined comment on the commission's decision, but indicated the tribe may appeal further, to the county Board of Supervisors. “I'm sure we will actively consider that,” he said.

Full Article:
http://www.santamariatimes.com/articles/2007/08/23/news/centralcoast/news03.txt