LAKE COUNTY — In order to grant property owners the rights that special interest groups have, the Lake County Board of Supervisors voted 4-1 Tuesday to allow an appeal to come to the board regarding development on Rattlesnake Island.
Supervisor Rob Brown said he thinks property owners should have the right to appeal.
“In my opinion there”s some room for flexibility,” Brown said. “If we don”t allow for the appeal, private property owners” rights are at risk.”
Supervisor Denise Rushing dissented.
John Nady of Emeryville wants to build a log cabin, a caretaker”s cabin and a standalone bathroom on Rattlesnake Island, which he owns. The Elem Pomo Indians claim the land was wrongfully taken from them in the 1800s, that it contains important artifacts and it should be protected from development. The Planning Commission voted in May to require Nady to complete a focused environmental impact report to analyze impacts to cultural and archeological resources. Nady appealed that decision to the Community Development Department, to which staff responded he had no legal right to appeal the decision. Nady then appealed the department”s determination to the board, which supervisors addressed at a public hearing Tuesday afternoon.
“The purpose of laws is to lay a framework of equitability,” Nady said. “You can interpret those laws toward equitability.”
Nady thinks the Planning Commission hearing was like a circus.
“I think it would have been more equitable if we would have just flipped a coin,” he said.
Rushing said she was struggling with the issue, that if the Planning Commission didn”t have enough information to make a decision then it was their duty to ask for an EIR.
County Counsel Anita Grant said while county code doesn”t say the decision can”t be appealed to the board, it also doesn”t say it can be appealed.
In the vote, supervisors asked staff to look into clarifying the code so future property owners can appeal.
Chairman Anthony Farrington thinks every property owner should be able to come before the board to appeal a Planning Commission decision just as special interest groups do, he said.
“I think equity is important,” Farrington said.
Supervisor Jim Comstock agreed.
“In my opinion it has to cut both ways,” Comstock said.
Supervisor Jeff Smith said this case is the only appeal on a Planning Commission decision he”s heard of that can”t come before the board.
Brown said principle should allow property owners the right to appeal.
“It”s important, the rights of private property owners,” Brown said. “And that appeals process is something we”ve taken very seriously and that”s why this is the first time we”ve had a problem.”
Contact Katy Sweeny at kdsweeny@gmail.com or call her directly at 263-5636, ext. 37.
