TO: NAPA COUNTY ZONING ADMINISTRATOR
FROM: Curtis Sawyer for Brian D. Bordona - Planning, Building & Environmental Services Director
REPORT BY: Curtis Sawyer - Planner II
SUBJECT: 1000 Rutherford Road Variance P23-00200-VAR
RECOMMENDATION
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James McCalligan / 1000 Rutherford Road / Variance Application #P23-00200-VAR
CEQA Status: Consideration and possible adoption of a Categorical Exemption Class 3: 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 Section 15303 (Class 3 New Construction or Conversion of Small Structures), which may be found in the guidelines for the implementation of the California Environmental Quality Act at 14 CCR §15303. The project site is not included on a list of hazardous materials compiled pursuant to Government Code Section 65962.5.
Request: Approval of a Variance application to allow the relocation of a septic reserve area into the required road and front yard setbacks. The project is located on a 0.32-acre parcel within the Agricultural Resource (AR) General Plan land use designation and the Residential Single: Building Site Combination District (RS-B1) Zoning District.
Staff Recommendations: Find the project categorically exempt and approve the variance application as conditioned.
Staff Contact: Curtis Sawyer, Planner II, (707) 299-1361, or curtis.sawyer@countyofnapa.org
Applicant Contact: James McCalligan, (707) 578-4525, or jim@mccalligan.combody
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EXECUTIVE SUMMARY
The applicant requests approval of a Variance application to allow the construction of a septic reserve area within required front yard setbacks and road setbacks. Under Napa County Code (NCC) Section 18.108.010, the front yard setback in the Residential Single Zoning District is 20-feet measured from the property line. Additionally, NCC Section 18.112.040 (Road Setbacks), requires a 70-foot setback from Rutherford Road/State Highway 128 which is measured from the centerline of the public right-of-way. The combined setback is therefore 90-feet for the subject parcel, measured from the centerline of Rutherford Road/State Highway 128, pursuant to NCC Sections 18.08.650, which requires front yard measurements to begin at the outer perimeter of the road setback, and 18.112.030. Due to the size of the subject parcel and unique limitations imposed on established properties on Rutherford Road, staff supports the Variance application and associated required variance findings.
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: Consideration and possible adoption of a Categorical Exemption Class 3: 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 Section 15303 (Class 3 New Construction or Conversion of Small Structures), which may be found in the guidelines for the implementation of the California Environmental Quality Act at 14 CCR §15303. The project site is not included on a list of hazardous materials compiled pursuant to Government Code Section 65962.5.
BACKGROUND AND DISCUSSION
Owner/ Applicant/ Representative: James McCalligan, (707) 578-4525, or jim@mccalligan.com
Zoning: Residential Single: Building Site Combination District (RS:B-1)
General Plan Designation: Agricultural Resource (AR)
Filed: July 18, 2023; Resubmittal Received: October 31, 2023; Deemed Complete: March 5, 2024
Code Compliance History: None
Existing Development: The site is currently being developed with a new 3,949 square foot single-family residence with an attached 588 square foot garage and associated physical improvements. The permit number associated with recent construction is BR22-01257.
Setbacks:
Required Setbacks - The Zoning Ordinance requires the following setback requirements for the RS zoning District:
Front and Rear Yard: 20-foot front, measured from the outer perimeter of the applicable 70-foot road setback, and 20-foot rear yard setback measured from the property line
Side Yard: Six feet plus three additional feet added to each side yard for each story above the first story of any building
Proposed Setbacks - The proposed septic expansion area is proposed to be approximately 40-feet from Centerline of Rutherford Road, as identified on Sheet V1 of Attachment G.
Discussion Points:
Setting: The 0.32-acre residential parcel is located on the north side of Rutherford Road/State Highway 128 within a Residential Single Zoning District that encompasses 27 other parcels. The subject parcel is approximately 14% smaller compared to similar parcels in the area with the same setback requirements. The combined front yard setback and road setback requirements, in addition to an upgraded code compliant wastewater system, sized for a 2-bedroom residence would encumber approximately 7,689 square feet of the 9,648 square foot parcel, leaving much of the parcel unusable if the variance is not approved.
Rutherford Road/State Highway 128 is flat with no turns or curves in proximity to the subject site and its width is approximately 22-feet with an average 17-foot graveled shoulder on the south side, and a 15-foot graveled shoulder on the northside of the paved roadway.
Access - The site is accessed by a driveway from Rutherford Road, as seen in the attached graphic packet (Attachment E). The parcel is located in Rutherford with direct access off Rutherford Road/State Highway 128, which can be accessed from State Highway 29 to the west or alternatively Conn Creek Road and Silverado Trial to the east.
County Division Review - This request has been reviewed and deemed compliant by Napa County Fire Department, and the Engineering Division for compliance with the Napa County Road and Street Standards. Napa County Planning, Building, and Environmental Services have reviewed the request. Associated conditions of approval are attached as Attachment B.
Variance Applications - A Variance application is requested to allow the construction of a septic reserve area within required front yard setbacks and road setbacks. The required Road Setback for Rutherford Road/State Highway 128 is 70-feet, and the Residential Single Zoning District requires a 20-foot front yard setback. With these setbacks combined, a 90-feet setback from centerline of Rutherford Road is required. Approval of the variance application would allow the applicant to construct a code compliant 200% septic reserve area for the newly constructed single-family home within the 90-foot setback, as identified on the attached plan set and application package.
Variances must satisfy the criteria in Government Code Section 65906 and NCC Section 18.128.060. Generally, the findings for a variance must meet a three-prong test to satisfy the statutory requirements together with additional local findings contained in the County Code. An application must demonstrate that: 1) they will suffer practical difficulties and unnecessary hardships in the absence of the variance; 2) these hardships result from special circumstances relating to the property that are not shared by other properties in the area; and 3) the variance is necessary to bring the application into parity with other property owners in the same zone and vicinity. In addition, an application must show that the proposed variance will not be contrary to public interest, safety, health, and welfare. To approve a variance, the Zoning Administrator must make all four of the required findings listed below. As discussed below, Staff believes the project site meets all the required findings, and thus, supports issuing the variance.
Required Findings pursuant to NCC Section 18.128.060:
1) That the procedural requirements set forth in this chapter have been met.
Staff Comment: An application and required processing fees have been submitted for a variance accompanied with a statement from the applicant outlining the reasons for the request. Noticing and public hearing requirements have been met. The hearing notice was posted on June 15, 2024, and copies were forwarded to property owners within 1,000 feet of the subject parcel and all other interested parties. The public comment period ran from June 15, 2024, to June 25, 2024.
2) Special circumstances exist applicable to the property, including size, shape, topography, location, or surroundings, because of which strict application of the zoning district regulations deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.
Staff Comment: The 0.32-acre parcel is slightly smaller than neighboring parcels in the same zoning district on the north side of Rutherford Road/State Highway 128. Of the 16 existing homes on the north side of Rutherford Road, the subject parcel has the smallest rear yard. Historically, the previous home was compliant with the 70’ road setback requirement and 20’ front setback requirement. Consequently, this 90-foot setback created a much smaller rear yard space when compared to other single-family homes in the vicinity which are not compliant with the required setbacks. In addition, there are two properties on the north side of Rutherford Road with approved variances for septic reserve areas within front yard setbacks and roadsteads.
3) Grant of the variance is necessary for the preservation and enjoyment of substantial property rights.
Staff Comment: This finding requires the applicant to demonstrate that granting of the variance is necessary for the preservation and enjoyment of substantial property rights generally enjoyed by other properties in the same zone and vicinity, but would be denied to the applicant’s parcel due to special circumstances of the property and unnecessary hardship. This is generally referred to as the parity prong. In the case of this application, denial of a variance would significantly deprive the applicant the ability to reasonably develop the rear yard of the single-family parcel. To achieve a degree of parity with other properties in the vicinity within the same zoning district that are not constrained by the pre-existing conditions described above, the applicant is seeking variance approval. Strict application of the 90-foot setback requirement would result in both practical and financial hardships, which would restrict the ability to develop the property with accessory structures and features enjoyed by other surrounding property owners. Granting of the variance would bring the parcel into parity with other properties in the RS:B-1 zoning district that have been granted development approval. The property owner has provided County staff with a real-estate assessment highlighting a depravation in property value of approximately $500,000 if half the rear yard is essentially undevelopable due to the septic reserve area being installed within this space as seen in Attachment E.
Additionally, Environmental Health regulations require the existing septic system to be upgraded to a code compliant system. The upgraded system would be sized for a residence which has a finite area requiring a 200% reserve area within the parcel boundary that cannot be reduced. The Environmental Health Division has reviewed this application and approved and conditioned accordingly.
4) Grant of the variance will not adversely affect the public health, safety, or welfare of the County of Napa.
Staff Comment: The health, safety or welfare of the County is not adversely affected. The project is subject to County Codes and regulations including but not limited to the California Building Code, Napa County Fire Department requirements, Environmental Health Division standards for water and wastewater requirements, and Engineering Division requirements all with recommended conditions that would be incorporated into the project to assure protection of public health, safety, and welfare.
Public Comments - At the time of agenda publication, no comments have been received by members of the public or adjacent property owners.
SUPPORTING DOCUMENTS
A. Recommended Findings
B. Recommended Conditions of Approval
C. Categorical Exemption Memorandum
D. Variance Application
E. Graphics