TO: NAPA COUNTY ZONING ADMINISTRATOR
FROM: Trevor Hawkes - Supervising Planner
REPORT BY: Andrew Amelung - Planner II
SUBJECT: Padis Residence Viewshed Protection Program P24-00207-VIEW
RECOMMENDATION
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STEVE PADIS / PADIS RESIDENCE VIEWSHED PROTECTION PROGRAM / PERMIT NO. P24-00702-VIEW
CEQA status: It has been determined that this type of project is exempt from the California Environmental Quality Act. [See Class 1 (“Existing Facilities”) and Class 2 (“Replacement or Reconstruction”) which may be found in the guidelines for the implementation of the California Environmental Quality Act at 14 CCR §15301 & §15302; see also Napa County’s Local Procedures for Implementing the California Environmental Quality Act, Appendix B.]
Request: Review and approval of an application under the Viewshed Protection Program, as defined in Chapter 18.108 of the Napa County Code, for the reconstruction and expansion of an existing residence within view of Dry Creek Road, a County designated viewshed road. The proposed structure is 6,750 square feet and includes the addition of a 1,370 square-foot second floor, as well as a landscape plan that will screen 61 percent of the proposed structure from view. The project is located on an approximately 12.68-acre parcel within the Agricultural Watershed (AW) Zoning District and has a General Plan designation of Agriculture, Watershed and Open Space (AWOS). 3023 Dry Creek Road, Napa, CA 94558. APN: 035-470-044-000.
Staff Recommendation: Find the project categorically exempt from CEQA and approve the Viewshed Protection Permit, as conditioned.
Staff Contact: Andrew Amelung, Planner II, 1195 Third St, Suite 210, Napa, CA 94559; (707) 253-4307; andrew.amelung@countyofnapa.org
Applicant Contact: Steve & Judith Padis, 888 Brannan St. Unit 128, San Francisco, CA 94103, (415) 515-6411, or padis@pacbell.net
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EXECUTIVE SUMMARY
PROPOSED ACTIONS:
That the Zoning Administrator:
1. Find the project categorically exempt based on the recommended Findings 1-3 in Attachment A; and
2. Approve Viewshed Protection Program Application No. P24-207-VIEW, based on recommended Findings 4-10 in Attachment A, and subject to the recommended Conditions of Approval in Attachment B.
Discussion:
The project consists of a request to approve a Viewshed Protection Program application to reconstruct and expand an existing single-family residential structure that was significantly damaged in a structure fire. The proposed new structure is 6,750 square feet and includes a 1,370 square-foot second floor that was not part of the previously existing structure. A 981 square-foot attached accessory dwelling unit exists in the basement and was undamaged by the structure fire.
The structure sits just over 1,500 feet from Dry Creek Road, a County designated viewshed road, and is elevated approximately 145 feet above the road, making it visible within the scenic corridor. As such, the applicant has proposed a landscape plan that will screen approximately 61 percent of the proposed structure through a combination of existing vegetation that survived the structure fire as well as the installation of three coastal live oaks, four swan hill olive trees, and 13 purple-leaved hopseed bushes.
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: It has been determined that this type of project does not have a significant effect on the environment and is exempt from the California Environmental Quality Act. [See Class 1 (“Existing Facilities”) and Class 2 (“Replacement or Reconstruction”) which may be found in the guidelines for the implementation of the California Environmental Quality Act at 14 CCR §15301 & §15302; see also Napa County’s Local Procedures for Implementing the California Environmental Quality Act, Appendix B.]
BACKGROUND AND DISCUSSION
Owner: Steve & Judith Padis
Applicant: Steve & Judith Padis
Zoning: AW (Agricultural Watershed)
General Plan Designation: AWOS (Agricultural, Watershed, and Open Space)
Filed: August 20, 2024
Complete: October 30, 2024
Property Area: 12.68 Acres
Surrounding Uses:
North: AW Zoning District; AWOS General Plan Designation; Vinyards & Residence
East: AP Zoning District; AR General Plan Designation; Vinyards & Residence
South: AW Zoning District; AWOS General Plan Designation; Vinyards & Residence
West: AW Zoning District; AWOS General Plan Designation; Vinyards & Residence
Existing Development: 5,208 square-foot residence, damaged by structure fire; accessory structures, landscaping and vineyards
Proposed Structural Development: 6,750 square-foot residence; 1,227 square-foot garage
Code Compliance History: The applicant initially submitted plans for a building permit to construct an ADU on the property, which was ultimately withdrawn in June 2024. During the same period, the applicant submitted plans for a demolition permit to clear out the damaged part of the structure prior to reconstruction, however at that point they had not submitted new plans to replace the structure. As PBES staff worked with the applicant and their architects, it was determined that a viewshed protection program permit would be required, and Code Enforcement decided to conduct an inspection of the property. Following their inspection, a citation was issued (CE24-00161) for unpermitted electrical improvements for pool equipment as well as a temporary trailer with unpermitted electrical and plumbing connection. The Code Enforcement case addresses issues that are not included within this permit, can be addressed separately, and Code Enforcement staff is currently working with the applicant to correct the violations.
Existing Development:
The parcel includes a single-family residence that was constructed in 1995 (B56231) adjacent to an existing vineyard. In 2006 a permit was issued for the construction of an underground storage system (B06-00248), and in 2008 a permit was issued for the construction of a pool (B08-00524). An Erosion Control Plan for an additional 2.06 acres of vineyard block was approved in 2009 (P09-00340). A home occupancy administrative permit was issued in 2011 (P11-00046), and in 2024 a permit was issued for a temporary 200-amp power pole following the structure fire that damaged the existing structure.
Viewshed Protection Program:
According to NCC §18.106.010(A), a primary purpose of the Napa County Viewshed Protection Program is to provide hillside development standards to minimize the impact of man-made structures and grading on views of existing landforms, unique geologic features, existing landscape features and open space as seen from designated public roads within the county. These standards include the protection of “substantial views” where fifty-one percent or more of the area facing the designated viewshed road can be seen, while NCC §18.106.030(A) states that the Viewshed Protection Program shall apply to all new structures located on slopes of fifteen percent. As such, the proposed project is located on slopes between 15-30 percent, with nearly 100 percent visibility from certain sections of Dry Creek Road, a County designated viewshed road.
According to NCC §18.106.040, in order to qualify for administrative review for the Viewshed Protection Program, the maximum floor area, including all floors, of the main residence or agricultural structure is four thousand square feet or less and the maximum floor area, including all floors, for accessory structures are a combined total of two thousand five hundred square feet or less. The proposed structure has a total square footage of 6,750 square feet, and as such, in not subject to administrative review and requires Zoning Administrator approval as applied through NCC §18.106.050, within findings for approval that support these requirements found in Attachment A.
Public Comments:
At the time this staff report was completed no public comments have been received.
Decision Making Options:
As noted in the Executive Summary Section above, staff is recommending the Zoning Administrator support the project as summarized in Option 1, below. Decision making options include the following:
Option 1 - Approve the Applicant’s Proposal (Staff Recommendation)
Disposition - This action will result in approval of the Viewshed Protection Program Permit for the Padis Residence. Staff recommends this option as, with approval, the request is consistent with all other aspects of the Zoning Ordinance including allowable use, development standards and required setbacks, as well as applicable General Plan policies and other County regulations as presented in the Recommended Findings (Attachment A).
Action Required - Follow the proposed action listed in the Executive Summary. This option has been analyzed for its environmental impacts, and the project was found to be categorically exempt from CEQA.
Option 2 - Modify the Applicant’s Proposal
Disposition - This option will result in the modification of the applicant’s proposal and/or conditions of approval.
Action Required - Make recommendations for an amended scope and or applicable conditions of approval. The item will need to be continued to a future date if significant revisions to the project scope and recommended conditions of approval are desired.
Option 3 - Deny the Applicant’s Proposal
Disposition - This option will result in the denial of Viewshed Protection Program Application No. P24-00207-VIEW because it cannot satisfy one or more of the required findings.
Action Required - Zoning Administrator will take tentative action to deny the project, articulating the reasons and grounds for the denial, and remand the matter to staff for preparation of required findings to return to the Zoning Administrator on a specific date.
Option 4 - Continuance Option
The Zoning Administrator may continue an item to a future hearing date, at their discretion.
SUPPORTING DOCUMENTS
A. Recommended Findings
B. Recommended Conditions of Approval
C. CEQA Exemption Memo
D. Application Packet
E. Graphics