TO: NAPA COUNTY ZONING ADMINISTRATOR
FROM: Michael Parker, Planning Manager
REPORT BY: Kelli Cahill, Planner III
SUBJECT: Langtry Farms Trolley and Barn Certificate of the Extent Legal Nonconformity Application P26-00016-CLN
RECOMMENDATION
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NAPA BASIN REACH INC AND NAPA SWITCHBACK BEND INC / LANGTRY FARMS TROLLEY AND BARN CERTIFICATE OF EXTENT LEGAL NONCONFORMITY APPLICATION (P26-00016-CLN)
CEQA STATUS: General Rule, also known as the ‘common sense exemption’. Under CEQA Guidelines Section 15378, the Certificate of Legal Non-Conformity to acknowledge the existing historic trolley and barn is not a project under CEQA because they will not cause a "direct physical change in the environment" or a "reasonably foreseeable indirect physical change in the environment" and they do not authorize any specific development activity or promote new construction or growth. It can be seen with certainty that there is no possibility the 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)]. 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 Napa Basin Reach Inc. for a Certificate of the Extent of Legal Nonconformity to recognize the historic use of an existing trolley constructed prior to 1987 and agricultural barn constructed prior to 1954, both predating adoption of the Napa County Code (NCC) Zoning Ordinance Title 18 and/or the Conservation Regulations NCC Chapter 18.108. The nonconforming trolley spans across Putah creek between Assessor Parcel Numbers (APNs) 016-100-066 (~7.6 acres), and 016-100-082 (~41.3 acres) while the nonconforming barn is located on APN 016-100-081 (~8.7 acres). All parcels are located within the AW (Agricultural Watershed) zoning district and have a General Plan land use designation of AWOS (Agriculture, Watershed and Open Space).
STAFF RECOMMENDATION: Find the project exempt from CEQA and approve the Certificate of Legal Nonconformity (CLN) Application as described.
STAFF CONTACT: Kelli Cahill, Planner III, (707) 265-2325, or kelli.cahill@countyofnapa.org
APPLICANT CONTACT: Napa Basin Reach, LLC, (707) 987-9772, or amanda@langtryfarms.com
APPLICANT REPRESENTATIVE: Jim Bushey, PPI Engineering, Inc., (707) 253-1806, or jbushey@ppiengineering.com
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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 through 3 in Attachment A; and
2. Issue a Certificate of the Extent of Legal Nonconformity No. P26-00016-CLN based on recommended Findings 4 through 7 in Attachment A.
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: General Rule, also known as the ‘common sense exemption’. Under CEQA Guidelines Section 15378, the Certificate of Legal Non-Conformity to acknowledge the existing historic trolley and barn is not a project under CEQA because they will not cause a "direct physical change in the environment" or a "reasonably foreseeable indirect physical change in the environment" and they do not authorize any specific development activity or promote new construction or growth. It can be seen with certainty that there is no possibility the 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)]. 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: Napa Basin Reach, Inc. and Napa Switchback Bend, Inc., Amanda Blackshaw, (707) 987-2772
Representative: Jim Bushey, PPI Engineering, Inc.
Assessor Parcel Number: 016-100-066, -081 and -082
Zoning District: Agricultural Watershed (AW)
General Plan Designation: Agriculture, Watershed and Open Space (AWOS)
Filed: January 28, 2026
Resubmittal: May 18, 2026
Code Compliance History: There are no active code cases.
Existing Development: Portions of the existing vineyard development within the holding were installed prior to 1973. An Erosion Control Plan (P13-00383) was approved in 2013 and has been partially implemented (Attachment C). A barn was constructed in 1955, prior to the 1957 adoption of the Napa County Zoning Ordinance imposing yard setbacks and requiring building permits.
Required setbacks: The Zoning Ordinance requires the following setback requirements for the AW zoning district:
Front, Rear and Side yard: 20 feet
Based on the property boundary of the Erosion Control Plan, the barn exceeds 20 feet.
Required stream setbacks: The Conservation Regulations NCCS 18.108.025 requires setbacks ranging from 35 feet and 150 feet, based on slope, and measured from the top of bank on both sides of the stream[LA1.1]. Based on Attachment C, the required stream setback is 65 feet, with the trolley is located on both banks within the setback.
DISCUSSION:
The applicant requests recognition as legal nonconforming the use of an existing trolley located within the required stream setback and agricultural barn located within the required yard setback. Under the NCC Section 18.108.025.B, the required stream setbacks range from 35 to 150 feet based on slope percentage measured from the top of the bank on both sides of the stream. Under NCC Section 18.104.010, yard setbacks in the AW Zoning District are 20-feet.
Evidence provided by the Applicant (Attachment B) and contained in County records indicates that the trolley and barn were constructed prior to 1987 and 1954 (Attachment C and E), respectively, before the adoption of the Napa County Conservation Regulations in 1991 and the Napa County Zoning Ordinance, which established yard setback and building permit requirements for such construction. The Senior Vice President of Ranch Operations attested that the trolley and barn were in place and in intermittent, but continuous use since he began work on the ranch in 1998. The trolley was designed and constructed by licensed engineer Louis Gowan in the early 1970s, intended to provide high water access allowing transport of equipment and materials.
Based on the evidence provided and on file, staff supports the CLN application and recommends approval. As identified in Attachment C, the applicant has submitted Napa County Assessor records which show that the approximately 6,300 square foot barn was constructed prior to 1954. The Applicant seeks to recognize the existing location of the trolley and barn, which were originally constructed to support agricultural uses and provide access to holdings on the eastern side of Putah Creek. No changes to the location or use of the structures are proposed beyond routine maintenance activities. The Applicant acknowledges that any future activities which may require permits will be subject to review and approval by the Building Division and/or Planning Division, including any new work occurring within applicable property or stream setbacks.
Per Chapter 18.132 - Legal Nonconformities of NCC, 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.
The applicant has provided staff with evidence and documents that are supported by County Records, which highlight the construction history of both the subject trolley and agricultural barn. As identified in these records (Attachment C) the structures each predate the zoning ordinance and the Conservation Regulations and are not subject to yard setback requirements originally established in 1957 and stream setbacks established in 1991 when the Conservation Regulations were adopted.
Per NCC 18.132.030 - Conditions for Continuance, 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.
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, 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 project’s compliance with items A-D highlighted above.
Public Comments - There were no comments received prior to the publication of this Staff Report.
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 trolley and agricultural barn 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. Recommended Findings
B. CLN Application
C. Graphics
D. Public Comments
E. Supplemental Information