Minutes of November 3, 2005
Special Meeting for
Cerro de Avila Project/Shear Edge Development
Call to Order
Bob Pusanik
called the meeting to order at 7:00 p.m. at the Avila Civic Association.
Members Present:
Pusanik, Newton, Salisbury, Brown, Bittner, Gooding, Palaia, Maitlan,
Gooden
Approval of Minutes:
Motion by Bittner to defer Minute approval of October 10, 2005 Minutes
to the November 14 AVAC meeting. Second
by Gooding/approved by all.
Old Business: By
order of a motion/majority vote at the October 10 AVAC meeting, the Avila Beach
subcommittee was directed to review the new historical report that was being
prepared under contract from community members. Andrew Merriam, AICP, from the MBA Planning Group, completed a
review of the 1913 Avila School House. Shear Edge Development, under contract
with the San Luis Coastal Unified School District, has proposed demolition of
the school house based on a historical report provided by Bertrando and
Bertrando. This special meeting will provide recommendation for AVAC action.
Archie McLaren, Chairperson of the
Avila Beach Committee, made the following comments, followed by a reading of
the letter composed by the committee for AVAC.
He noted the
following general comments: The
subcommittee analyzes new projects for compliance to the Specific Plan. This mandate has required conscientiousness
for review and recommendation, and the task is done in all seriousness to
expedite projects through the County planning process. The Committee has been concerned for the
community fabric; an issue that was discussed prior to the Unocal clean-up, and
continues to be of concern as town is rebuilt.
Following is excerpted from the committee letter Nov. 2, to
the Board as read by McLaren :
The School District
representatives indicated that they were in attendance to show their interest
in, sympathy and understanding with, and support of the community of Avila
Beach, and to clarify any misconceptions regarding the District’s role in the
School House property project. It was explained by them that the lease of the
property was compelled by the State Education Codes which restrict the manner
in which the School District can earn revenues (It cannot sell the property and
place the proceeds in its Operating Budget), and it was further stated that,
once the lease contract was signed (August, 2005), the developer became fully
responsible for the project proposal and the details of its (Cerro de Avila
Project’s) fruition.
At its meeting of
August 8, the Committee had expressed the concerns of the community regarding
the demolition of the Avila School House as a part of the plans presented by
the Cerro de Avila Project developers. The community is very desirous of
retaining the school house on the property and feels that it has a definitive
historic context within the community, contrary to the Bertrando &
Bertrando Historic Resource Evaluation Report of January 2004, which concludes
that it does not.
Committee members
Ann Brown and Robert Martin, as well as CSD Director Tom Guernsey, have
commissioned a report from Andrew Merriam of the MBA Planning Group for a
second opinion on the historic significance of the School House, and the
resultant report of October 20, 2005, is contrary to the opinion stated in the
Bertrando & Bertrando report, concluding that the School House does, indeed, have a historic significance. In
fact, Mr. Merriam concludes that, of the 7 requisite Integrity Criteria for
historic preservation, the Avila School House meets every one of them, and that
the 2004 Bertrando & Bertrando report “applied the Integrity Criteria too
strictly and without benefit of architectural analysis.”
Mr. Merriam’s
qualifications include reports for the Avila Pier, the San Luis Obispo Light
Station and Jack House, among others. He prepared the historic evaluations for
the Avila Grocery Store and the San Luis Yacht Club. He is also the architect
of record for their preservation. He served as Chairman of the San Luis Obispo
Cultural heritage Committee when the city’s historic resources survey and
program was adopted.
The Avila Beach
Committee feels that Mr. Merriam’s qualifications transcend those of the
preparers of the Bertrando & Bertrando report, and that there is a greater
nexus between those indicated projects which he analyzed and the Avila Beach
School House.
Ryan Hostetter of
County Planning incorporated the Bertrando & Bertrando historical analysis
of the school house into her project report, and the county issued a negative
declaration on the project based on the Bertrando & Bertrando report.
It is the Committee’s
opinion that the notice of the Bertrando & Bertrando report and the
timetable subsequently created by the county for submission of alternatives to
the demolition of the School House was inadequate.
Although the
Bertrando & Bertrando report was created in January of 2004, County
Planning did not receive the report until July 5, 2005, and the committee did
not receive it until August 8, 2005. Ryan contacted Committee member John
Salisbury on August 10 and indicated that the following items needed “to be
completed in the next two months or so.”
(1)
(1)
Find a feasible location to
place the structure where it can be restored.
(2)
(2)
Gather the money to restore it.
(3)
(3)
Obtain & Pay for the Minor Use
& Building permits.
(4)
(4)
Coordinate with the developers,
so that the permit to move the building can be completed and the building can
be moved by February 2006.
(5)
(5)
Provide Planning Staff with a
plan showing who will restore the building and what the use of the structure
will be.
The Committee feels
that these items are, on their face, impossible to achieve in such a short time
frame. The Committee also feels that it proceeded with all due diligence, haste
and timeliness to meet the perceived deadline, particularly in light of its
receipt of the Bertrando & Bertrando at such a late date in the proceedings
(August 8, 2005).
Committee member Bob
Martin received a title search on August 23, and Committee member Anne Brown
commissioned a historic analysis on September 12.
Irrespective of the
Committee’s actions, a negative declaration for the project was declared on
September 29, and the County Planning Staff Report was subsequently made
available on October 28, in which it approves the demolition of the School
House.
The Committee feels
that, whereas there have been fast-track projects in the past that came to
fruition in a reasonable fashion, this one contained inherent problems that
were not fully anticipated by County Staff, and that, in particular, the School
House was one such issue that required much more analysis and deliberation than
the Committee, and hence the Avila Valley Advisory Council, were allowed to
pursue.
Andrew Merriam, in
his report of October 20, in reference to the Bertrando & Bertrando report,
states the situation quite plainly as follows:
“In the process of
evaluating the 2004 historic report, it became evident that much historic
material was not included and may not have been available to the preparers. As
such, we believe this report no longer provides an adequate foundation for the
mitigated negative declaration and approval of the project. There is adequate
information to find the structure historic under CEQA definitions. This in turn
means that removal or demolition will create a significant and immitigable
negative effect.”
The Avila Beach
Committee concurs with Mr. Merriam’s conclusions and requests that the project
Cerro de Avila be reevaluated for purposes of an EIR to evaluate any negative
impacts on Avila Beach, its history, and the physical and emotional fabric of
the community.
Respectfully
submitted,
Archie McLaren
Committee Chair
Archie recapped that virtually all of the residents who were
living in the part of the town that was demolished have left and will probably
not be returning due to the increased value of real estate here. That loss
jeopardizes the continuation of the long-time fabric of the community. The
Specific Plan envisioned retaining as much of the old Avila and its evolution
and aura as possible. If it is not retained, it will be very psychologically
damaging to the residents of Avila Beach. Therefore, if the School House is
destroyed, it will have an unmitigable impact on the community.
Comments from Board members:
Salisbury: Archie
summarizes the issue well. John knows
the structural integrity of the schoolhouse is good and it could be saved.
Motion from Gooding:
Recommend to Planning Commission for continuance of discussion on Shear
Edge Project and direct staff to perform further environmental analysis and
consideration of preparing an Environmental Impact Report. Allow sufficient time for exploration of
relocation. Second from Brown.
Discussion: Ryan Hostetter, County Planner, explained
variations of potential direction the Planning Commission could take. At this juncture, County Planning would
prefer a Continuance to consider the new historical report and conflicting
analysis in the two reports.
Public Comment:
John Belcher, attorney for Shear Edge, spoke about
design issues addressed at the AVAC meeting.
The idea of a continuance to preserve the schoolhouse is not
acceptable. His clients entered into an
agreement with the School District for a certain sized project. Leaving the schoolhouse on the site will not
be acceptable to the developers. On the
schoolhouse issue; arguments can be made at the Planning Commission and Board
of Supervisors. Moving the school house
is an option and could be done; giving the community time to develop a long
term plan. Individuals could provide a
lot. Lenthall met with developers and
will be available to mediate an acceptable plan.
Mike Hodge, Shear Edge Development, met with Lenthall
to discuss all alternatives and options available. They are available for a possible meeting on Monday, November 7,
2005.
Tom Guernsey, Avila Beach resident: Believes no meetings should take place
before the Hearing.
N. Maitlan:
If moved, who continues maintenance?
Pusanik: Keep
options open for negotiating by committee.
VOTE ON MOTION: 7
AYES, 1 ABSTENCIA
Motion passed.
Motion to Adjourn by A. Brown, second by Salisbury: Accepted at 7:45 p.m.
Respectfully submitted
Acting Secretary
Karla Bittner