TO: Napa County Planning Commission
FROM: Brian D. Bordona, Director - Planning, Building and Environmental Services
REPORT BY: Dana Morrison, Supervising Planner
SUBJECT: Via Monte Solar Array Use Permit Exception to the Conservation Regulations P23-00229-UP
RECOMMENDATION
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VIA MONTE SOLAR ARRAY USE PERMIT EXCEPTION TO THE CONSERVATION REGULATIONS - #P23-00229-UP
CEQA Status: Consideration and possible adoption of 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 on any lists of hazardous waste sites enumerated under Government Code Section 65962.5.
Request: Approval of a request for an exception to the Napa County Conservation Regulations (County Code Chapter 18.108.060), in the form of a Use Permit in order to allow the development of a solar array on land with slopes over 30%. The proposed solar array would provide energy to the existing single-family residence and associated accessory structures.
The project is located on an approximately 10.36-acre parcel within the Agricultural Watershed (AW) zoning district and is accessed via a shared private driveway located off of Via Monte, which connects to Camino Vista, Fawn Park Road and eventually Silverado Trail. The parcel is 0.45 miles southeast of the intersection of Silverado Trail and Deer Park Road, St Helena, CA; APN 025-300-037-000.
Staff Recommendation: Adopt the Categorical Exemption and approve the Use Permit Exception to the Conservation Regulations as conditioned.
Staff Contact: Dana Morrison, Supervising Planner; phone (707) 253-4437; email: dana.morrison@countyofnapa.org
Owner/Applicant: Sorelle Assets LTD care of Mark Friedman; (512) 762-2377; email: mlc@st6partners.com
Applicant Representative: Jared Martin, phone (225) 405-1196, email: jam@st6partners.com
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EXECUTIVE SUMMARY
Proposed Actions:
That the Planning Commission:
• Adopt the Categorical Exemption based on Findings 1-3 of Attachment A:
• Approve an Exception to the Conservation Regulations in the form of a Use Permit (#P23-00229-UP), based on Findings 4-15 of Attachment A, and subject to the Conditions of Approval (COA) listed in Attachment B.
Discussion:
The Applicant has requested an exception to the Napa County Conservation Regulations (County Code Chapter 18.108), in the form of a Use Permit, in order to allow the development of portions of a new solar array on land with slopes over 30%. The proposed solar array would provide energy for the existing single-family residence and accessory structures located on the subject parcel (APN 025-300-037-000). Staff has reviewed the request and determined that the proposed project as designed would minimize adverse impacts on the site, and therefore supports approval of the exception to the Conservation Regulations as conditioned.
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: Article 19 of the State Guidelines for Implementation of the California Environmental Quality Act (CEQA Guidelines) establishes a list of classes of projects that are categorically exempt (Cat EX) from the provisions of CEQA. A discussion regarding the applicability of the Cat Ex determination is detailed in the CEQA Cat Ex Memo (see Attachment C). This project qualifies as an exempt activity under:
CCR §15303 (Class 3, New Construction or Conversion of Small Structures) which, exempts a project that consists of construction of limited numbers of new, small facilities or structures and installation of small new equipment and facilities in small structure such as a solar array and associated equipment.
As the Project qualifies for the identified exemption, is consistent with the General Plan, and does have any special circumstances which would result in significant impacts to the environment, no further environmental review is required. Therefore, for all of the reasons articulated above and contained within the administrative record for the project, staff has determined the project is categorically exempt, in that there is no reasonable possibility that the project would have a significant effect on the environment, because there will be no changes to the existing site improvements (no new road), no trees proposed for removal, and minimal excavation of soil is needed to install the array and its associated infrastructure.
Based on the proposed project as described above and in the associated Categorical Exemption Memorandum (Attachment C), the Via Monte Solar Array Use Permit Exception to Conservation Regulations request meets the criteria for eligibility as Categorically Exempt from CEQA for Class 3.
BACKGROUND AND DISCUSSION
Owner: Sorelle Assets LTD care of Mark Friedman; (512) 762-2377; email: mlc@st6partners.com
Applicant/Representative: Jared Martin, phone (225) 405-1196, email: jam@st6partners.com
Zoning: Agricultural Watershed (AW) District
General Plan Designation: Agricultural, Watershed and Open Space (AWOS)
Parcel Size: 10.36
Application Filed: August 3, 2023; Resubmittals: September 25, 2023; Application Complete: November 15, 2023
Adjacent General Plan Designations, Zoning Districts and Land Uses: Surrounding properties are also within the Agriculture Watershed Open Space General Plan land use designation and the Agricultural Watershed zoning designation. The lots immediately adjacent to the property are approximately 5.20, 5.40, 5.83, 17.69, 40, and 46 acres each, developed with predominantly single-family residences to the north, east and west, and the Meadowood Resort and Spa to the south. The surrounding parcels have similar vegetation as compared to the subject parcel with the vegetation dominated by oak trees and scrub vegetation along with grassland - many of the surrounding parcels, including the subject parcel were impacted by the 2020 Glass Fire. (See Attachment J - Graphics).
Property History:
The project area is located at the eastern edge of the Napa Valley floor where the foothills of the Vacaville Range begin. While the valley floor has been in agricultural use dating from at least the 19th century until the early 2000s, the subject parcel has been utilized as residence since 1981.
Development on the parcel specifically consists of the following:
• an approximately 3406 sf single family residence (approved originally in 1981 under Permit #29501 and modified with a 196-sf addition approved in 2013 under Permit #B13-01099);
• an approximately 960 sf garage and 500 sf workshop (approved in 2013 under B13-01099 and B13-01100, respectively);
• an approximately 990 sf guest cottage (approved in 2005 under #B05-01484);
• an approximately 8000-gallon concrete water tank (approved in 2013 under Permit #B13-00072);
• a pool (approved in 1992 under Permit #52336); and,
• associated utility and road infrastructure (including an approved entry gate structure), and landscaping.
Code Enforcement Cases:
There is an active code enforcement case on site, regarding vineyard installed without permit, removal of trees, and grading (for footpaths) potentially with some occurring on sections on slopes over 30%. The property owner is actively working with the Code Enforcement Division and Conservation Division to address the concerns. The trees were removed under a Timber Harvest Permit obtained in 2021, and tree work was done in conjunction with approved timber harvest notices for the adjacent Schneider and Meadowood properties (see Attachment K - Emergency Timber Harvest Permit). Removal of the trees revealed the footpaths underneath along the hillside that were, according to the applicant, installed without permit by the previous property owner. The applicant is working with the Conservation Division to resolve the issue and will be submitting a grading plan to legalize the plans, and will propose an restoration plan to ensure the area is stabilized and returns to a naturally vegetated condition.
Project Description
The project involves the installation of solar array which will have an approximately 3600 sf footprint (approximately 92 feet long by 40 feet wide and ~6 feet in height) and will produce approximately 5.48 kWh (see Attachment D - Application Submittal Materials and Attachment E - Site Plan, Civil Plan, Solar Details, Slope Analysis). According to the applicant, the location of the array has been selected as there are no other suitable locations on the property that have slope less than 30% that would not require the removal of additional trees. Additionally, a roof mounted solar array was determined to be infeasible as the roof will not support the entire array and the orientation and shading of the existing roof makes the location undesirable (see Attachment G - Solar Array Location Letter). The current proposed location of the array does not require the removal of any existing trees. However, it should be noted that, according to County Vegetation GIS mapping layer, the area proposed for development did contain identified tree canopy prior to the 2020 fire. As such, the applicant is proposing to replace the vegetation canopy that was lost by planting 3 coast live oaks, and 16 black oak trees elsewhere on the parcel (see Attachment F - Revegetation Plan). These trees will be irrigated until they are established, a Condition of Approval has been included to require the project to demonstrate an 80% survival rate of the 19 replacement trees after three years. Additionally, the applicant will be required to record a deed restriction that will permanently preserve the replanted trees consistent with 18.108.020.E.
The array will be constructed from materials brought to the existing shared private road and will then be transported along an existing PG&E easement. The easement is only proposed to be used during construction of the solar array, and access will not be maintained once construction is completed; instead, the existing paths located on the parcel will be traversed on foot or via ATV to access the solar array for any required maintenance needed. The site was specifically selected to maximize the solar capture potential of the array and to minimize the need for any additional tree removal. No permanent road is proposed or will be approved as part of this project. The project will be required to obtain a grading permit which include various best management requirements, erosion controls and conditions of approval to ensure the proposed project does not result in erosion or significant soil loss. A Condition of Approval has been included to require the applicant to implement erosion control measures and reseed the temporary access and area around the solar array with a native seed mix.
The proposed solar array’s location is consistent with setbacks required by county code. Some minor trenching will be required to accommodate the conduits that will connect the solar array to the new AC disconnect, which will be constructed on the exterior of the main house next to the existing utility meter and switchgear. The trenching will be approximately 600 feet in length and will be approximately 18 inches deep.
Discussion Points:
Access to the property exists from Silverado Trail, and no additional road is proposed to access the solar array construction site. The proposed plans have been reviewed for fire safety and to ensure that the project would not result in a net increase in soil loss or runoff, and were approved by the Napa County Fire and Engineering Divisions, subject to their Conditions of Approval (see Attachment B - COAs). The Categorical Exemption found that implementation of the proposed project would not result in significant adverse impacts, due in large part to the project’s proposed use as a solar array, which is a green energy source. Furthermore, the proposed project will not require the construction of additional roads, removal of trees and is not located within or near a stream or identified sensitive habitat.
The project is consistent with county setback requirements. The solar array will be setback (approximately) 20 feet from the west property line, 918 feet from the east property line, 68 from the front property line and 110 feet from the rear property line. The height of the array will be approximately 15 feet.
The Categorical Exemption also found that implementation of the proposed project would result in less than significant impacts, including those related to wildfire hazards and access to public services and utilities. It is worth consideration that approval of the proposed Use Permit would allow the development of a green energy source, thereby reducing potential negative impacts to the environment through an eco-friendlier means of producing energy for the existing residence and accessory structures existing on site.
Exception to the Conservation Regulations - County Code Section 18.108.040 allows landowners or leaseholders to request exceptions to the requirements of the County’s Conservation Regulations. Such requests are made in the form of a use permit application, which is subject to decision by the Planning Commission. Pursuant to County Code Sections 18.124.070, the Commission’s decision to grant or deny a use permit must be based on findings that the granting of the use permit would not adversely affect public health, safety, or welfare of the county, and that the request is consistent with the policies and standards of the County’s General Plan. Among the purposes of the Conservation Regulations (County Code Section 18.108.010) are intentions for the County to: 1) minimize the effects of cut, fill, earthmoving, grading operations and similar activities on the natural terrain; 2) minimize soil erosion caused by human modifications to the natural terrain; 3) maintain and improve water quality by regulating stormwater quality and quantity; 4) preserve riparian areas and other natural habitat near streams; and 5) encourage development that minimizes impacts to existing land forms, avoids steep slopes and preserves existing vegetation and unique geologic features.
The project would utilize the existing shared driveway to access the subject parcel, from there the work crew will go onto the existing PG&E easement which runs through the neighboring residence at 270 Via Monte. The neighbor has granted permission for the property owner and construction crew to utilize their property to access the easement (see Attachment H - Course of Construction Agreement 270 Via Monte). The easement will be used to access to solar array development site, but this is a temporary use and no permanent road is proposed or will be permitted upon granting of this use permit. Future maintenance will be done either on foot or through the use of an ATV. Submittal of a building permit and grading permit are required for the project, if approvals are granted. The final grading plans will be reviewed and approved by the Engineering Division, which imposes construction and post-construction pollution prevention requirements to ensure that there is no potential for significant on- or off-site erosion, impact to siltation, or flooding. It should be noted that soil erosion potential from a project of this small scale is anticipated to be negligible.
There are no unique geologic features within or near the project site, nor are there any streams or riparian areas within 100 feet of the project area that would be at risk of impact, should the project be approved.
The proposed project does not propose to remove any trees, consistent with Napa County Code 18.108.020(C). However, it should be noted that the area proposed for the array did contain mapped vegetation canopy cover (identified as Oak Woodland), prior to the 2020 Glass Fire. As such, to achieve consistency with 18.108.020.D the applicant is proposing to replant 19 native oak trees (3 coast live oaks and 16 black oaks) to replace the vegetation canopy that will be lost due to the installation of this solar array. This is due to the fact that if left undisturbed this area would naturally revegetate with new trees, shrubs, grasses and forbes. A Condition of Approval has been included to require an 80% retention rate of the replant area after three years. Additionally, if for some unforeseen reason any trees are inadvertently removed or lost during the construction process then a Condition of Approval has been included to require replacement at 2:1 ratio and monitoring for five years to ensure the replacement trees become established. Furthermore, the applicant will be required to record a deed restriction that will permanently preserve the replanted trees consistent with 18.108.020.E.
A site visit and analysis of the County GIS layers was conducted by County Staff. Due to the nature of the development, a solar array, there is little to no potential impact to special-status species as no trees will be removed, and only a limited amount of groundwork will be required to install the solar array footings and trenching to connect to the main residence. The proposed solar development is occurring well outside of any identified stream, creek, or ephemeral drainage noted in the County GIS layers. Furthermore, there are no wetlands, or sensitive or critical habitat identified on the project site.
Staff has reviewed the proposal and found it to be consistent with the Zoning Ordinance and applicable General Plan policies. Based upon the evidence submitted, Staff believes the necessary findings can be made to approve the requested exception to the Conservation Regulations.
Public Comments - One public comment regarding this project has been received at the time of drafting this staff report (October 10, 2023). The comment was submitted by Richard Svendsen who noted: “No!! That’s the very reason there is a Conservation Regulation in Napa County! To conserve the environment and also the “WAY” thinks look. Vote NO please.” (See Attachment L - Public Comments [received as of April 3, 2024])
While Mr. Svendsen is correct that the County does have Conservation Regulations, to protect the environment, and a Viewshed Ordinance, to protect the way things look, the County Conservation Regulations does provide an exception process. Under this process if a project meets the findings for an exception, then a Use Permit for an Exception to the Conservation Regulations can be granted. As detailed in this staff report, the application qualifies for the identified exemptions as it meets the findings, is consistent with the Zoning Ordinance and General Plan, and does not have any special circumstances which would result in significant impacts to the environment. PBES staff prepared a California Environmental Quality Act Categorical Exemption Memorandum for the project and determined that there is no reasonable possibility that the project would have a significant effect on the environment, because there will be no changes to the existing site improvements (no new road), no trees proposed for removal, and minimal excavation of soil is needed to install the array and associated infrastructure. Furthermore, as this a request for a solar array the project is subject to the Solar Rights Act and is not subject to the County’s Viewshed Protection Ordinance.
Decision-Making Options:
Upon consideration of additional public comment and close of the public hearing, the Commission may take one of the following actions:
Option 1: Approve Applicant’s Proposal (Staff Recommendation)
Discussion - This option would allow the development of a solar array to provide energy for the existing single- family residence on the parcel.
Staff supports this option because it meets the findings and is defensible as a Categorical Exemption under CEQA Guidelines CCR §15303 (Class 3, New Construction or Conversion of Small Structures) and under the CCR §15301 (Common Sense Exemption).
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 was analyzed for its environmental impacts and were found to be less than significant.
Option 2: Deny the Requested Use Permit
Denial of the requested use permit would deny the property owner the ability to provide a green energy alternative for supplying their home with energy. According to the applicant, locating the solar array on the roof of the existing single-family residence was not feasible. This option would result in the Owner continuing to use less green energy to supply their house which is not environmentally superior to the proposed project. For these reasons, Staff does not recommend this option.
In the event the Commission determines that the project with conditions does not or cannot meet the required findings for granting of the use permit exception, the Commissioners should articulate what aspect or 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 use permit exception is not being approved.
Action Required - Commission would adopt a tentative motion to deny the project and remand the matter to staff for preparation of required findings to return to the Commission at a future hearing date.
Option 3: Continuance Option
The Commission may continue the item to a future hearing date, at its discretion.
Supporting Documents
A. Recommended Findings
B. Recommended Conditions and Agency Memos
C. CEQA Cat Ex Memo Determination
D. Application Submittal Materials
E. Site Plan, Civil Plan, Solar Details, Slope Analysis
F. Revegetation Plan and Proposal
G. Solar Array Location Letter
H. Course of Construction Agreement 270 Via Monte
I. Erosion Control Plan
J. Graphics
K. Emergency Timber Harvest Permit
L. Public Comment