Skip to main content
Napa County Logo
File #: 26-332    Version: 1
Type: Public Hearing Status: Agenda Ready
File created: 2/13/2026 In control: Planning Commission
On agenda: 3/4/2026 Final action:
Title: PONDEROSA ONE, LLC / 80 CLEAR CREEK ROAD / VIEWSHED PROTECTION PROGRAM APPLICATION #P22-00182-VIEW & ROADS & STREET STANDARDS EXCEPTION CEQA Status: Consideration and possible adoption of a Mitigated Negative Declaration and revised Mitigation Monitoring & Reporting Program (MMRP). According to the proposed Mitigated Negative Declaration and revised MMRP, the proposed project would not have any potentially significant environmental impacts after implementation of mitigation measures proposed for the following areas: Biological Resources. In accordance with Section 15105(b) of the California Environmental Quality Act (CEQA) Guidelines, Napa County submitted the proposed Initial Study/Mitigated Negative Declaration to the State Clearinghouse for a 30-day review period beginning September 23, 2025, and running through October 22, 2025 (State Clearinghouse No. SCH 2025091008) https://ceqasubmit.opr.ca.gov/. The project site is not included on a list of hazardous materials sites compiled ...
Sponsors: Board of Supervisors
Attachments: 1. Attachment A - Recommended Findings, 2. Attachment B - Recommended Conditions of Approval & Agency Memorandums, 3. Attachment C - Initial Study-Mitigated Negative Declararation & Revised MMRP, 4. Attachment D - Viewshed Application Materials, 5. Attachment E - Project Plans - Part 1 - Architectural & Landscape, 6. Attachment E - Project Plans - Part 2 - Civil, 7. Attachment F - NCRSS Exception Request, 8. Attachment G - Water Availability Analysis, 9. Attachment H - Biological Resource Reconnassiance Survey, 10. Attachment I - Preliminary Stormwater Control Plan, 11. Attachment J - Graphics, 12. Attachment K - Public Comments
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
No records to display.

 

TO:                     Napa County Planning Commission

FROM:                     Brian D. Bordona, Director of Planning, Building and Environmental Services

REPORT BY:                     Charlene Gallina, Supervising Planner

SUBJECT:                     80 Clear Creek Viewshed Protection Program Application; P22-00182-VIEW

 

RECOMMENDATION

title

PONDEROSA ONE, LLC / 80 CLEAR CREEK ROAD / VIEWSHED PROTECTION PROGRAM APPLICATION #P22-00182-VIEW & ROADS & STREET STANDARDS EXCEPTION

CEQA Status: Consideration and possible adoption of a Mitigated Negative Declaration and revised Mitigation Monitoring & Reporting Program (MMRP). According to the proposed Mitigated Negative Declaration and revised MMRP, the proposed project would not have any potentially significant environmental impacts after implementation of mitigation measures proposed for the following areas: Biological Resources.
In accordance with Section 15105(b) of the California Environmental Quality Act (CEQA) Guidelines, Napa County submitted the proposed Initial Study/Mitigated Negative Declaration to the State Clearinghouse for a 30-day review period beginning September 23, 2025, and running through October 22, 2025 (State Clearinghouse No. SCH 2025091008) https://ceqasubmit.opr.ca.gov/. The project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5.

Request: A request for approval of a Viewshed Protection Program application on APN 027-310-032 for earthmoving activities, new construction and expansion of existing structures on slopes exceeding 15% and located on a minor ridgeline. The project consists of the construction of a 3,830 sq. ft. underground storage structure, a 6,240 sq. ft. tennis pavilion with an interior Accessory Dwelling Unit (ADU) adjacent to an existing tennis court and the expansion of an existing single-family residential structure consisting of 2,700 sq. ft. of underground spa and 4,350 sq. ft. of underground wine and art storage. The project also includes the development of a ground mounted solar panel array. The project footprint will require the removal of 10 native Oak trees and approximately 0.13 acres of tree canopy. Spoils from excavation to establish building foundations will be located at a disturbed area on APN 027-310-043. The applicant is also requesting an exception from the Napa County Road and Street Standards for five (5) driveway segments with longitudinal slopes between 18 - 20 percent along the centerline which exceed 300 feet in length and do not provide transition area of 10 percent or less for the 100 feet immediately preceding. The exception request is supported by the Napa County Engineering Division and Fire Marshal’s Office. No road work is required for the existing roadway to meet same overall practical effect if the exception is approved. The project site is located on an approximately 123-acre parcel approximately 0.65 miles north of the intersection of Dry Creek Road and Clear Creek Road.
80 Clear Creek Road, Oakville; APN 027-310-032 & APN 027-310-043.

Staff Recommendations: Adopt the Initial Study/Mitigated Negative Declaration and revised MMRP prepared for the project and approve an Exception to the Road and Street Standards and Viewshed Protection Program Application No. P22-00182-VIEW, as conditioned.

Staff Contact: Charlene Gallina, Supervising Planner, (707) 299-1355, or Charlene.gallina@countyofnapa.org

Applicant Contact: Ponderosa One, LLC, 80 Clear Creek Road, Oakville; (650) 995-7463 or dts@dtsalazar.com

Applicant Representative Contact: Demae Rubins, Principal Planner, Summit Engineering, Inc., (707) 527-0775 or demae@summit-sr.com

body

EXECUTIVE SUMMARY

Proposed Actions:

That the Planning Commission:

1. Adopt the Initial Study/Mitigated Negative Declaration and revised MMRP based on recommended Findings 1-7 in Attachment A;
2. Approve the Napa County Road and Street Standards Exception Request based on the recommended
Findings 8-9 in Attachment A, and subject to the recommended Conditions of Approval in Attachment B; and
3. Approve the Viewshed Protection Program Application (P22-00182-VIEW) based on recommended Findings 10-16 in Attachment A, and subject to the recommended Conditions of Approval in Attachment B.

Discussion:

The applicant requests the approval of a Viewshed Protection Program application to expand existing structures and construct new accessory structures on slopes in excess of 15 percent and on a minor ridgeline. The applicant has identified that the project site can be viewed from Dry Creek Road to the west of the project site and Silverado Trail to the east of the project site, both of which are county designated viewshed roads. The application also includes a request for an exception to the Napa County Road and Street Standards for segments of an existing residential driveway which does not currently meet standards.

 

ENVIRONMENTAL IMPACT

ENVIRONMENTAL DETERMINATION: Consideration and possible adoption of a Mitigated Negative Declaration and revised MMRP. According to the proposed Mitigated Negative Declaration and revised MMRP, the proposed project would not have any potentially significant environmental impacts after implementation of mitigation measures. Mitigation measures are proposed for the following areas: Biological Resources. In accordance with Section 15105(b) of the California Environmental Quality Act (CEQA) Guidelines, Napa County submitted the proposed Initial Study/Negative Declaration to the State Clearinghouse for a 30-day review period beginning September 23, 2025, and running through October 22, 2025 (State Clearinghouse No. SCH 2025091008) https://ceqasubmit.opr.ca.gov/ . The project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5.

 

BACKGROUND AND DISCUSSION

Applicant/Owner: Ponderosa One, LLC.; 80 Clear Creek Road, Oakville; (650) 995-7463 or dts@dtsalazar.com

Applicant Representative: Demae Rubins, Principal Planner, Summit Engineering, Inc., 575 W College Ave, Suite 201, Santa Rosa, CA 95401, (707) 527-0775

Zoning: Agricultural Watershed (AW)

General Plan Designation: Agriculture, Watershed & Open Space (AWOS)

Filed: May 31, 2022; Resubmittals Received: September 12, 2022, October 17, 2023, August 14, 2024, March 25, 2025; Revision Received: December 23, 2025; Deemed Complete: July 15, 2025

Code Compliance: There are no current code enforcement cases active on the subject parcel(s).

Existing Development: The 123-acre project parcel has an existing 11,759 sq. ft. single-family residential structure that received a Certificate of Occupancy on October 23, 2013, under Building Permit B11-00256. There is also an existing 1,000 sq. ft. Guest House constructed under Building Permit B11-00257. The site’s existing uses include a main residence, a guest house, a tennis court and a parking area.  The total square footage of these uses is approximately 21,375 sq. ft.

Existing Setting: The project is located on a minor ridgeline at approximately 1,300 feet elevation, in Napa County west of Oakville adjacent to an existing residence. There is an existing paved driveway to the project site which runs through APN 027-310-043 (95 acres). Vegetation on the west side of the residence burned in 2017. Understory vegetation has been cleared around the structures. Vegetation associated with the project consists of landscaped nursery stock and small oaks and re-sprouting California Bay. The project site drains by direct infiltration or sheet flow into ephemeral drainages downslope to tributaries of Dry Creek.

The property is within the inner North Coast Range Mountains, a geographic subdivision of the larger California Floristic Province. The property and surrounding region are strongly influenced by storms and fog from the Pacific Ocean. The region is in climate Zone 14 “Ocean influenced Northern and Central California” characterized as an inland area with ocean or cold air influence. The climate of the region is characterized by hot, dry summers and cool, wet winters, with precipitation that varies regionally from less than 30 to more than 60 inches per year. This climate regime is referred to as a “Mediterranean Climate.” The average annual temperature ranges from 45 to 90 degrees Fahrenheit. The variations of abiotic conditions including geology results in a high level of biological diversity per unit area in the region.

Pyrophytic Species defined as fire-prone vegetation that are highly flammable are present within the proposed clearing limits and surrounding environment. These species include; Manzanita, Coyote Brush, Chamise, Scrub Oak, Douglas Fir, and California Bay.

The surrounding land uses includes residential or vacant rural land to the north, south, east and west. The closest residence to the project is approximately 2,300 feet from the east side of the site.

Discussion Points:

 

Application Processing - On May 31, 2022, the applicant submitted an application under the County’s Viewshed Protection Program (P22-00182) for the construction of a 3,830 sq. ft. underground storage structure, a 6,240 sq. ft. tennis pavilion with an 1,200 sq. ft. interior ADU adjacent to an existing tennis court, the expansion of an existing single-family residential structure consisting of 2,700 sq. ft. of underground spa and 4,350 sq. ft. of underground wine and art storage, and a ground mounted solar array. The proposed improvements will occur in phases. As proposed by the applicant: Phase 1 would consist of construction of the underground storage below the tennis court parking lot and the tennis pavilion and interior ADU; Phase 2 would consist of the development of a microgrid and the installation of the ground mounted solar panel system that will provide power to the site during PG&E power outages; and Phase 3 would consist of construction of the underground spa, wine and art storage area. (Refer to Attachment D)

 

The project is proposed on APN 027-310-032, in the western mountain ranges of unincorporated Napa County, at 80 Clear Creek Road, approximately 0.65 miles from the intersection of Dry Creek Road and Clear Creek Road. The project site is approximately 1,350 ft. above mean sea level.

 

The project proposes earthmoving on slopes which exceed 15%. Further, Staff site reconnaissance and review of topographic data suggest the location qualifies as a ridgeline. Given these conditions, the size of the proposed expanded single-family residential structure and accessory structures and their location disqualify the application from being reviewed at an administrative level, pursuant to NCC §18.106.040(C)(2)(a) & (b). Viewshed Protection Program applications which do not meet the criteria of NCC §18.106.040 are generally heard by the Zoning Administrator or upon referral, by the Commission. Given the project’s potential to impact aesthetics and biological resources and because of comments received from California Department of Fish and Wildlife (CDFW) and the public, pursuant to NCC §18.106.050(A) the Director of Planning, Building, and Environmental Services, acting as the Zoning Administrator, has referred this application to the Planning Commission.

 

Exception to the Napa County Road and Street Standards (NCRSS) - The project parcel has an existing single-family residence and guest house. An existing driveway provides access to these structures from Dry Creek Road and runs through APN’s 027-310-043 & -032. The existing driveway ranges in width from 16-20 ft. and is roughly 5,800 ft. in length. The construction of the interior ADU within the accessory structure (tennis pavilion) requires compliance with the NCRSS. The applicant requests exception to the RSS for longitudinal slopes between 18-20% which exceed 300 ft. in length and do not provide transition areas of 10% or less for the 100 ft. immediately preceding and ensuring the segments are over 18% (Refer to Attachment F). If required to improve the driveway to meet the RSS standards, the applicant contends that earthwork on slopes exceeding 30-50% would be required, demonstrating that there are existing environmental constraints. This would also require lengthening the roadway which could potentially delay emergency response to the development area. With exception of longitudinal slope, all other aspects of the driveway generally exceed minimum criteria for a residential project. The Engineering Division reviewed the request for exception, determined that the applicant has met the findings for an exception, and recommended conditions for the exception to the RSS to ensure that the design would meet the Same Overall Practical Effect as the State Responsibility Area Fire Safe Regulations.

 

Groundwater - The proposed project’s location and size prevent processing through administrative criteria; thus, the project is discretionary and subject to the County’s Water Availability Analysis guidelines (WAA). A WAA, dated July 11, 2025, was prepared by Summit Engineering, Inc., and provides an assessment of the existing and proposed groundwater demand for the project as well as Tier 1, 2 and 3 analyses (Attachment G).

 

The residential site is located across two parcels, both of which are outside the Napa Valley Subbasin and the Milliken-Sarco-Tulocay (MST) area. APN 027-310-032 covers 123.07 acres and contains the existing residences, as well as the entirety of the proposed development. APN 027-310-043 covers 95.05 acres and contains the gate and entrance road to the property, along with minor landscaping. There are four existing wells on site, but only three are currently in use: Well A, Well B, and Well D. Wells A and B are located on APN 027-310-032 and supply all domestic water and landscape irrigation water for the parcel. Well D is located on APN 027-310-043 and provides landscape irrigation water for the minor landscaping on this parcel. Well C, located on APN 027-310-043, was drilled for a proposed residence which was never built and is currently non-operational.

 

Summit’s WAA estimated groundwater use for a main residence, a guest house and a pool with a cover, determining that existing residential groundwater demand for the parcel was 0.75 af/yr. Landscaping groundwater demand was estimated at 3.74 af/yr utilizing Water Efficient Landscape Worksheets from building permits B11-00256 & 257. Total groundwater demand is estimated to be approximately 4.49 af/yr. The applicant proposes to expand the existing single-family residence and to construct accessory structures, one of which will include an interior ADU. The addition of the ADU is estimated to increase domestic groundwater demand by 0.20 af/yr, The WAA also provides an analysis of ways that the project could reduce landscape irrigation groundwater demand to offset the increase in groundwater demand from the project and achieve ‘no net increase’ in groundwater.

 

The project wells are outside of the Napa Valley Subbasin and outside of the Milliken-Sarco-Tulocay (MST) Groundwater Deficient Area. For this reason, the WAA provides a parcel specific recharge analysis to determine groundwater use criterion in accordance with Napa County WAA policies. The analysis includes a review of the average annual recharge rate and the average annual precipitation for the area, and includes reductions in the results for slopes over 30 degrees. The analysis determined an annual parcel specific recharge of 16.60 af/yr. This would mean that the projected demand of the proposed project is 27.0% of parcel specific recharge and thus the project is able to meet Napa County WAA Tier 1 criteria.

 

The WAA also includes Tier 2 (Well & Spring Interference) and Tier 3 (Groundwater/Surface Water Interaction) analysis. An offsite non-project well is identified within 500 feet of Well D. While the WAA assumes a ‘no net increase’ scenario for the project through landscape irrigation modifications, and thus Tier 2 analysis could theoretically be met by conditioning all project wells to not increase over identified existing annual demand, the WAA also provides a Tier 2 analysis for Wells A, B & D up to the closest parcel boundary. Utilizing the Theis equation, the WAA demonstrated that none of the project wells would be expected to drawdown greater than 10 feet at the property line, ensuring the project would not impact existing and future off-site project wells. The WAA identifies that only Wells A & D are within 1,500 feet of an identified significant stream. Since Wells A & D are within the Napa River Watershed a Tier 3 analysis is required to be performed unless “modifications to the location, construction, or operations of the project well(s) are made to reduce harm relative to current conditions”. Summit proposes to install flow restrictors at these wells to reduce pumping rates of the wells to meet this criteria.

 

An Initial Study/Mitigated Negative Declaration (IS/MND) for the proposed project was published on  September 18, 2025 (Refer to Attachment C). The analysis in the hydrology section of the IS/MND found that the project would not have a significant impact on groundwater resources and included proposed conditions of approval for the project which, if implemented, would keep the project consistent with Napa County’s WAA/groundwater policies. The conditions proposed metering at all three (3) project wells, flow restrictors at Wells A & D and an overall cap on groundwater use for the whole project, consistent with the ‘no net increase’ scenario and assumptions contained in the applicant’s WAA. After further review, Staff is recommending that if the Commission should approve Viewshed Protection Program application P22-00182-VIEW, that the project be subject to recommended conditions of approval revised from what was analyzed in the IS/MND (Refer to Attachment B). The WAA identified that the proposed project was well within parcel specific groundwater recharge (27.0%) and only Wells A & D are within distance criteria to trigger potential Tier 2 and 3 analyses. Since no Tier 3 analysis has been provided to demonstrate a lack of hydrologic connectivity between Wells A & D to the adjacent significant stream, a cap on groundwater extraction and flow restrictors would provide a reduction in harm (if any) over existing conditions at these wells. Well B however is neither within 500 feet of an offsite non-project well nor within 1,500 feet of a significant stream. Consistent with WAA policy conditions of approval requiring an extraction cap, metering and flow restrictors for Wells A & D have been included.  A cap on the groundwater for the project (as discussed in the IS/MND) is no longer proposed since neither the existing or proposed project is over the parcel specific annual rate of recharge and Well B does not need a cap on extraction for consistency with Tier 2 & 3 criteria.

 

Biological Resources - The applicant has submitted a Biological Resource Reconnaissance Survey (BRRS) with their application, prepared by Kjeldsen Biological Consulting, dated May 2024 (Attachment H). Fieldwork conducted to inform the survey was conducted on March 21, 2024, April 1, 2024, and May 19, 2024. Surveys were conducted by walking the proposed project area, with the intent of locating suitable habitat for organism or indications that such habitat exists within the project’s clearing limits. No special-status animal or plant species were identified during the surveys. The BRRS did not identify any Sensitive Biotic Communities and/or Biotic Communities of Limited Distribution as defined on the Napa County Baseline Data Report or listed by CDFW on the property. Grasslands on the property do not include native grasses. There are no vernal pools, marshes, wetlands ephemeral drainages, Napa County defined drainages or Waters of the State on the property. Since the proposed development is adjacent to existing development, it is unlikely to impact wildlife corridors.

 

The project proposes to remove 10 native oak trees. BRRS surveys did not identify any raptors or nesting birds, nor with their indications of raptors or nesting birds through the identification of existing nests, whitewash or nest droppings. The BRRS did identify northern spotted owl as a California Department of Fish and Wildlife (CDFW) California Natural Diversity Database (CNDDB) and United States Fish and Wildlife Service (USFWS) target special-status animal species known to the area, but the survey concluded that there was a “lack of roosting and foraging habitat” in the area. Similarly, trees identified for removal are acknowledged in the BRRS as too small or not containing the types of cavities which would support bat roosting habitat.

 

The BRRS explicitly ruled out northern spotted owl and roosting bats due to a lack of habitat. While no raptors or nesting birds were identified during the surveys, out of an abundance of caution that nests could be established in the trees identified for removal between the approval of the Viewshed Protection Program application and project construction the IS/MND included mitigation measure BIO-1, requiring preconstruction surveys for raptors and nesting birds.

 

On October 23, 2025, Staff received a letter from CDFW concluding their review of the IS/MND (Refer to Attachment K). Based on their review of the proposed project and BRRS, CDFW found that project activities had the potential to result in disturbance to nesting northern spotted owls and that some of the descriptions of the trees slated for removal indicated they could provide bats with roosting habitat. CDFW recommended that mitigation measures for northern spotted owl and roosting bats, requiring further habitat assessment and avoidance measures be adopted for the project. Staff has updated the Mitigation, Monitoring and Reporting Program (MMRP) to include the recommended mitigation measures, as well as updating the recommended Conditions of Approval (Attachment C - Revised MMRP) The applicant has also signed an updated Project Revision Statement acknowledging the mitigation measures. Since roosting bats and northern spotted owl were previously identified as species of concern in the BRRS, biological mitigation is merely being amplified and clarified to address CDFW’s comments, the IS/MND does not require recirculation pursuant to California Code of Regulations §15073.5(c).

 

Viewshed Protection Program - The project would expand an existing 11,759 sq. ft. single-family residential structure by constructing a 2,700 sq. ft. underground spa and 4,350 sq. ft. of underground wine and art storage. These additions to the single-family residence would be constructed below the existing finished grade, on the eastern side of the ridge. These structures would measure approximately 14 ft. in height from the new finished grade.

 

There is an existing guest house on the property north of the existing single-family residence, and north of that there is an existing tennis court with a parking lot adjacent to the southern end of the court. Here the application would construct a 3,830 sq. ft. underground storage structure, measuring approximately 13 ft. in height when complete. This area would remain as parking on top of the underground structure.

 

On the eastern side of the tennis court, this application would construct a 6,240 sq. ft. tennis pavilion. The structure would be three (3) stories and include a 1,200 sq. ft. interior ADU in the bottom level. The structure would be 27.5 ft. in height, and the applicant has included exhibits demonstrating that the structure will meet the County’s applicable standards for determining height of a building on a slope where the difference in existing and finished grade is greater than 10 ft.

 

Finally on the eastern side of the ridgeline, the application would construct nine (9) dualtrack 24 PV panels. No vehicle access to the site of the solar array due to existing slopes. Instead, the applicant proposes to install the solar array by walking equipment and labor to the location, drilling holes with a track mounted drill rig, pumping concrete to the location for foundations, and assembling the PV panels at the turn around area and then installing via helicopter. Although the location of the solar panels exceeds 15 percent slopes, solar panels are not subject to the County’s Viewshed Protection Program ordinance due to the Solar Rights Act.

 

Staff reconnaissance in 2022 when the application was submitted identified that the project location was viewable from designated viewshed roads. Segments of Dry Creek Road west of the project site have views of the existing structures. Considering the height of the proposed tennis pavilion, this structure would likely be viewable from this roadway. However given their locations and height from proposed finished grades, the underground storage, underground wine and art storage and underground spa buildings should not be viewable from Dry Creek west of the project site. The solar array would be viewable from Dry Creek Road west of the project location, however as previously mentioned, residential solar is not subject to the County’s Viewshed Protection Program ordinance. Staff’s reconnaissance determined that due to elevations of the land adjacent to the road that the project site was not viewable from Dry Creek road east of the project site. There is an existing ridgeline approximately 0.9 miles east of the project site, where Dry Creek Road heading east reaches its highest elevation before descending into Napa Valley. This ridgeline appears to completely obscure St. Highway 29 from views of the project site. From their onsite visit of the project site, Staff determined that segments of Silverado Trail can view the project site. Views would not be completely covered along the entire stretch of Silverado Trail. The aforementioned ridgeline to the east blocks segments of Silverado Trail from views of the project site. Existing vegetation on the eastern slope of the project site further obscures views of the project, especially the locations of the underground wine and art storage and the underground spa.

 

Based on the proposed site plan, elevations and existing natural features (Attachments E - Part 1 & 2), the physical construction as proposed can already meet several of the criteria of the Viewshed Protection Design Manual. Existing vegetation, topography and building stepping are all measures which reduce the visual impact of the underground storage, underground wine and art storage and underground spa. For the tennis pavilion, the applicant proposes planting trees in identified locations to screen predominant portions of the structure and has provided computer simulations of what the screening would look like at maturity for Dry Creek Road west of the project site and Silverado Trail east of the project site. Tree screening is proposed along the western side of the driveway access to the tennis pavilion and adjacent to the north and northeastern corner of the structure. The trees are proposed to be a mix of interior live oak and coast live oak at a range of 10 gallon to 36” box trees along the edge of the driveway on the west side of the property and larger 24-36” box trees on the east side of the property. Additional coast live oaks and a stand of California Sycamores are proposed where a new access path is proposed for the underground wine and art storage. In total, the applicant proposes 67 trees to provide a new tree canopy cover of 0.42 acres. These trees are not proposed to be connected to the residence’s landscaping system and would satisfy the applicant’s vegetation removal mitigation requirements of the Conservation Regulations (NCC §18.108.020). The applicant has included a letter from Kjeldsen Biological Consulting which discusses the tree species proposed for screening, the minimum required planting size and a brief summary of the likely maintenance which will be required for the trees to screen the project. (Refer to Attachment D)

 

Public Comments - At the time of publication of this Staff Report two (2) public comments have been received from an adjacent neighboring property to the project parcel and another resident residing on Mt Veeder Road (Attachment K). The neighboring commentor requests denial or modification of the application citing the application’s inconsistency with the Viewshed Design Manual. The second commentor expresses concern regarding the proposed size and intended use of the property.

 

Decision Making Options:

 

As noted in the Executive Summary Section above, staff is recommending the Planning Commission approve the project as proposed, subject to the recommended Findings and Conditions of Approval in Attachments A & B. Decision-making options include the following:

 

Option 1 - Applicant’s Proposal (Staff Recommendation)

 

Disposition - This action would result in approving Viewshed Protection Program Application P22-00182-VIEW for the construction of the underground spa, underground wine and art storage, underground general storage and tennis pavilion with interior ADU. This action would also result in approval of an exception to the RSS for longitudinal slopes between 18-20% which exceed 300 ft. in length and do not provide transition areas of 10% or less for the 100 ft. immediately preceding and ensuring the segments over 18%.  Staff recommends this option as the request is consistent with the Zoning Ordinance, applicable General Plan policies, and other County regulations as presented in the Recommended Findings (Attachment A) and subject to Recommended Conditions of Approval (Attachment B).

 

Action Required - Follow the proposed action listed in the Executive Summary. If conditions of approval are to be amended, specify conditions to be amended at time motion is made. This option has been analyzed for its environmental impacts, which will be less than significant with the adoption of mitigation measures.

 

Option 2 - Modify the Applicant’s Proposal

 

Disposition - In the event that the Commission finds the project needs revision or more information is required to determine if the Findings for approving a Viewshed Protection Program application can be made, the Commission would move to continue the item to a later date to allow the applicant time to consider revisions to the project.

 

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 Proposed Project

 

Disposition - In the event the Planning Commission determines that the project does not, or cannot, meet the required findings for approving a Viewshed Protection Program application and/or Exception to the Napa County Road and Street Standards, the Commission should articulate what aspects of the project are in conflict with the required findings. State Law requires the Commission to adopt findings, based on the General Plan and County Code, setting forth why the proposed project is not being approved.

 

Action Required - The Commission would move to deny the project.

 

Option 4 - Continuance Option

The Commission may continue an item to a future hearing date at its own discretion.

 

SUPPORTING DOCUMENTS

A.                     Recommended Findings

B.                     Recommended Conditions of Approval & Agency Memorandums

C.                     Initial Study/Mitigated Negative Declaration & Revised MMRP

D.                     Viewshed Application Materials

E.                     Project Plans - Part 1 - Architectural, & Landscape

E.                     Project Plans - Part 2 - Civil

F.                     NCRSS Exception Request

G.                     Water Availability Analysis

H.                     Biological Resource Reconnaissance Survey

I.                     Preliminary Stormwater Control Plan

J.                     Graphics

K.                     Public Comments