LAKEPORT — An appeal was granted to a landowner allowing a construction project to proceed on Rattlesnake Island.
The Lake County Board of Supervisors (BOS) Tuesday approved findings of fact (FOF) regarding an appeal of a Lake County Planning Commission decision related to construction.
John Nady, a Bay Area businessman and founder of Nady Systems, filed an appeal of a May 2010 Planning Commission decision that required him to do a focused environmental impact report (EIR) for a building project on the island. The project consists of a home, caretaker”s cabin and a standalone bathroom.
In September, the BOS voted 3-2 on three intended decisions related to the project, with supervisors Anthony Farrington and Denise Rushing dissenting on each decision.
The first decision was intended to grant the appeal. The second decision would issue a mitigated negative declaration based on a finding that the project would not have a significant impact on the environment because of an already-completed initial study and associated mitigation monitoring plan. The third decision supported issuing a California Environmental Quality Act (CEQA) grading permit.
These decisions became final with 3-2 votes Tuesday to approve the FOF and to grant the appeal, with Farrington and Rushing again dissenting. The FOF was prepared by County Counsel Anita Grant.
Members of the Elem Pomo Indians tribe expressed disdain about development on Rattlesnake Island, which has served as the spiritual center for their ancestors for thousands of years. They allege the island was stolen from them in the 1800s and ownership should be returned from them. Nady purchased the rights to the island a few years ago.
Many Elem Pomo Indians and supporters spoke about the FOF.
Tribal administrator Jim Brown said there was no record in the FOF document of the damages already done by the installation of pipes, digging of trenches and grading of roads. He said the tribe will be objecting to this and will pursue litigation to halt the project.
Many said Rattlesnake Island served as a burial ground for Elem Pomo Indians for generations, making it historically significant to their people, and that land is being disturbed and damaged by Nady”s project. A woman said the BOS decisions have been tearing apart the community. Many urged the BOS to reconsider, with one man saying the supervisors needed to better educate themselves on the issue.
Farrington said he continued to stand by the planning commission decision and would not support the FOF.
Rushing said many significant facts about the island”s sacred land were missing in the FOF. She said the BOS shouldn”t adopt the FOF and sided with the planning commission decision to deny the appeal.
District 5 Supervisor Rob Brown said he agreed wholeheartedly with Farrington and Rushing and understood their positions. However, he said the BOS decision can only be related to land use.
Brown said tribal claims that the island would be destroyed were “dramatic.” He said Nady was building a home on the 40-acre island, not a large-scale project such as a shopping center or airport, adding that the mitigated monitoring plan should work to prevent the project”s potential impacts to historical and archaeological resources. He said the potential litigation might not be a bad thing as it would eliminate the emotion and politics from the debate.
District 2 Supervisor Jeff Smith agreed with Brown, saying he approved of the FOF and the mitigation plan. He said that would provide a way to find if historical or archaeological artifacts are there without disturbing the whole island.
BOS Chair Jim Comstock said the on-site monitoring provided in the mitigation plan was “tremendous” and he would not support it if that had been eliminated.
Kevin N. Hume can be reached at kevin.n.hume@gmail.com or call directly 263-5636 ext. 14.
