TO: NAPA COUNTY ZONING ADMINISTRATOR
FROM: Michael Parker, Planning Manager
REPORT BY: Curtis Sawyer, Planner II
SUBJECT: 1183 State Lane Certificate of the Extent Legal Nonconformity Application (P23-00354)
RECOMMENDATION
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JERYL HILLEMAN & WILLIAM ALBRIGHT / 1183 STATE LANE CERTIFICATE OF THE EXTENT OF LEGAL NONCONFORMITY APPLICATION (P23-00354)
This item was continued from Wednesday, August 28th to give both the Applicant and interested neighbors the ability to submit additional evidence into the administrative record. Staff has received additional information from the Applicant that has been included as attachments E and F. At the time of this publication no new additional information has been submitted from the neighbors. The information provided is currently under review by staff and will be presented at the Wednesday, September 4th hearing.
CEQA STATUS: General Rule. It can be seen with certainty that there is no possibility the request for determination of the extent of legal nonconformity would have a significant effect on the environment and therefore CEQA is not applicable. [See Guidelines for the Implementation of the California Environmental Quality Act, 14 CCR 15061(b)(3)]. Furthermore, operation, repair, maintenance or minor alteration of the existing structures in conformance with the determined extent would be exempt pursuant to Categorical Exemption Class 1 (“Existing Facilities”) CCR §15301. [See also Napa County’s Local Procedures for Implementing the California Environmental Quality Act, Appendix B]. This project site is not included on a list of hazardous material sites compiled pursuant to Government Code Section 65962.5.
REQUEST: The Napa County Planning Division has received a request from Jeryl Hilleman & William Albright for a Certificate of the Extent of Legal Nonconformity to recognize the historic use of an existing privacy wall and pool which are both located within required road and front yard setbacks. The parcel included the existing wall and pool at the time of the establishment of Napa County Zoning Ordinance. The nonconforming use is located on an approximately 1.4-acre property on APN: 031-170-013 within the AP (Agricultural Preserve) zoning district and has a General Plan land use designation of AR (Agricultural Reserve).
STAFF RECOMMENDATION: Find the project exempt from CEQA and approve the Certificate of Legal Nonconformity (CLN) Application as described.
STAFF CONTACT: Curtis Sawyer, Planner II, (707) 299-1361, or curtis.sawyer@countyofnapa.org
APPLICANT CONTACT: Jeryl Hilleman & William Albright, (707) 578-4525, or balbright@sbcglobal.net
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EXECUTIVE SUMMARY
PROPOSED ACTIONS
That the Zoning Administrator:
1. Finds that the project is not subject to CEQA based on Findings 1-3 in Attachment A; and;
2. Issue a Certificate of the Extent of Legal Non-Conformity No. P23-00354-CLN based on recommended Findings 4-7 in Attachment A.
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: General Rule. It can be seen with certainty that there is no possibility the request for determination of the extent of legal nonconformity would have a significant effect on the environment and therefore CEQA is not applicable. [See Guidelines for the Implementation of the California Environmental Quality Act, 14 CCR 15061(b)(3)]. Furthermore, operation, repair, maintenance or minor alteration of the existing structures in conformance with the determined extent would be exempt pursuant to Categorical Exemption Class 1 (“Existing Facilities”) CCR §15301. [See also Napa County’s Local Procedures for Implementing the California Environmental Quality Act, Appendix B]. This project site is not included on a list of hazardous material sites compiled pursuant to Government Code Section 65962.5.
BACKGROUND AND DISCUSSION
Owner/Applicant: Jeryl Hilleman & William Albright, (650) 245-6539, or jim@mccalligan.com
Representative: Jeff Redding, (707) 255-7375; jreddingaicp@comcast.net
Assessor’s Parcel Number: 031-170-013; 1183 State Lane, Yountville, CA. 94599
Zoning District: Agricultural Preserve (AP)
General Plan Designation: Agricultural Resource (AR)
Filed: December 11, 2023; Resubmittal Received: October 31, 2023; Deemed Complete: March 14, 2024
Code Compliance History: CE23-00241 (Notice to Stop Work posted). Compliance Resolution: Submit CLN Application.
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.
Required Setbacks: The Zoning Ordinance requires the following setback requirements for the AP zoning District:
Front and Rear Yard: 20-feet
Side Yard: 20-feet
DISCUSSION:
The applicant requests approval of a CLN Application to recognize as legal nonconforming the use of an existing privacy wall and pool which are both located within required road and front yard setbacks. Under Napa County Code (NCC) Section 18.104.010, the front yard setback in the Agricultural Preserve Zoning District is 20-feet. Additionally, NCC Section 18.112.090 (Road Setbacks), requires a 28-foot setback from State Lane which is measured from the centerline of the public right-of-way. The combined setback is therefore 48-feet for the subject parcel, measured from the centerline of State Lane, 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. Evidence provided by the Applicant shows that the existing pool and privacy wall were constructed prior to 1955, when the Napa County Zoning Ordinance was adopted, and therefore staff supports the CLN application and recommends approval. As identified in Attachment C, the applicant has submitted Napa County Assessors’ records which show the pool and an approximate seven (7) foot tall 252 linear foot stucco wall to have been constructed between the years 1951 and 1954. The applicant wishes to acknowledge the current location of the existing fence which was constructed to provide privacy and safety for users of the existing pool. The pool will remain in its existing location and has been acknowledged by the building division as part of the permit for the replacement residence currently under construction.
Per chapter 18.132 of the Napa County Code, a legal nonconformity is defined as follows:
Within the zoning districts established by this title, as it may be amended, there exist lots, structures and uses which were legal prior to the effective date of the provisions codified in this title or future amendments thereof, but which would be prohibited, regulated or restricted by the terms of such provisions on the effective date thereof. Such lots, structures and uses are herein called "legal nonconformities." Legal nonconformities may be continued notwithstanding the prohibition, regulation or restriction of those provisions subject to the provisions of this chapter or, in the case of signs, the provisions of Chapter 18.116.
(Ord. 943 § 3 (part), 1990: prior code § 12850)
The applicant has provided staff with Napa County Assessor records, which highlight the permit or construction history of both the subject pool and privacy wall. As identified in these records (Attachment C) these structures each predate the year 1955. Due to this, each existing structure predates the zoning ordinance, and is not subject to the setback requirements originally established in that year.
Per NCC 18.132.030, a legal nonconformity may continue notwithstanding any other provisions of this title and may be repaired, maintained, restored, rebuilt following destruction regardless of the extent of the destruction, rehabilitated, remodeled, redesigned or rearranged as long as all of the following conditions are observed:
A. The repair, maintenance, restoration, rebuilding, rehabilitation, remodeling, redesign or rearrangement does not enlarge, increase or extend the area of land occupied by the legal nonconformity or cubic content of any structures involved or the square footage of any structure other than a primary residence; does not relocate the legal nonconformity from the location it occupied on the date it first became a legal nonconformity; does not result in the construction of any additional structures, other than those otherwise permitted by the code, on the parcel or parcels occupied by the legal nonconformity; and does not increase the degree of the nonconformity as to volume of business or production, hours of operation, volume of traffic generated, or volume of waste produced or natural resources consumed.
Notwithstanding the above, minor expansions of structures as determined by the director may be allowed for:
(i) accessory storage use added after November 1, 2008, and constituting no more than five hundred square feet of surface area cumulatively, and only for those legal nonconforming parcels in existence on July 1, 1993, which were used primarily for restaurant operations, (ii) uses solely to meet the minimum requirements of the Americans with Disabilities Act (ADA) requirements (such as adding access ramps or ADA compliant restroom facilities), and (iii) minor relocations of structures may occur where such movement decreases the nonconformity in questions (such as moving a structure further outside of a required setback).
B. The legal nonconformity has not been determined by the director, the board of supervisors, the district attorney, or any other governmental official authorized by law to do so, to be conducted in such a manner as to constitute a public nuisance as defined in Penal Code Section 370 or any future amendment thereof;
C. A certificate of the present extent of the legal nonconformity is obtained in accordance with Section 18.132.050 prior to application for any building or other permits required in connection with the repair, maintenance, restoration, rebuilding, rehabilitation, remodeling, redesign or rearrangement of the legal nonconformity; and
D. The legal nonconformity has not lost its legal nonconforming status through abandonment as defined in Section 18.132.040.
Staff has reviewed the subject application and associated Assessor records and has confirmed the projects compliance with items A-D highlighted above.
Public Comments - Two (2) public comments were received prior to the publication of this Staff Report. See attachment D.
Decision Making Options:
As noted in the Executive Summary Section above, staff is recommending approval of the project as described in Option 1 below.
Option 1 - Approve Application (Staff Recommendation)
Disposition - This option would result in approval of the Certificate of the Extent of Legal Nonconformity. Staff recommends this option as the request is consistent with the requirements of Chapter 18.132 of the Napa County Code, applicable General Plan policies, and other applicable County regulations. There will be no significant environmental impacts to the site, as discussed in the staff report.
Option 2 - Deny Application
Disposition - In the event the Zoning Administrator determines that the evidence does not support the conclusion that the pool and privacy wall are legal nonconforming structures, or that the project does not or cannot meet the required conditions of continuance highlighted in NCC 18.132.030 for the granting of the Certificate of the Extent of Legal Nonconformity, the Zoning Administrator should identify what aspect or aspects of the project are in conflict with the required conditions. State Law requires the Zoning Administrator to adopt findings, based on the General Plan and County Code, setting forth why the proposed Certificate of Legal Nonconformity request is not being approved.
SUPPORTING DOCUMENTS
A. Findings
B. CLN Application
C. Graphics and Supplemental Attachments
D. Public Comments
E. Supplemental Application Information
F. Supplemental Graphics