Memorandum
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Item # 4
9:20 AM
July 14, 2022
STAFF REPORT
TO: Planning Commission
FROM: Mary Darby, Community Development Director
Prepared by: Eric Porter, Associate Planner
DATE: July 14, 2022
SUBJECT: Dennis De La Montanya General Plan Amendment (GPAP 19-03), Rezone (RZ 19-03) and Initial Study (IS 19-43)
Supervisor District 5
ATTACHMENTS: 1. Vicinity Map
2. Proposed Rezone and General Plan Map
3. Supplemental Data
4. Agency Comments
5. Public Comments
6. De La Montanya Grant Deed
I. EXECUTIVE SUMMARY
The applicant is requesting approval rezoning a +18 acre property from "R1 - B3" Low Density Residential - Frozen, to "RR" Rural Residential. The property is located at 8255 Point Drive, Kelseyville, and is APN: 044-331-24. In addition, the applicant is requesting approval of a General Plan Amendment of the property from Low Density Residential to Rural Residential. The applicant has submitted no development proposals for this project.
Since no development is planned the applicant's surveyor has consequently submitted a request for a Categorical Exemption to CEQA. However, the County Staff determined that a rezone / General Plan Amendment required a more in-depth evaluation of potential impacts, and the Planning Department's Initial Study resulted in a Negative Declaration primarily because no development plans were submitted with the rezone / General Plan Amendment.
Of note - the applicant's deed restricts further division of this lot, and prohibits development with the exception of one (1) house up to 5,000 sq. ft. in size, that cannot be a manufactured or modular home. This restriction also allows one granny unit limited in size to 1,200 sq. ft. per State regulations. The property owner is unclear whether he can put a new, more lenient deed restriction on his property to replace the existing restriction that so limits his ability to use the land as the R1 zoning district envisioned.
Opposition to the Project. As of June 6, 2022 the County S...
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