TO: Napa County Planning Commission
FROM: Brian D. Bordona, Director of Planning, Building and Environmental Services
REPORT BY: Dana Morrison, Supervising Planner - (707) 253-4437
SUBJECT: Pott’s Pool Use Permit Exception to the Conservation Regulations (P23-00318-UPX)
RECOMMENDATION
title
POTTS POOL USE PERMIT EXCEPTION TO THE CONSERVATION REGULATIONS - #P23-00318-UPX
CEQA Status: Consideration and possible adoption of Categorical Exemption pursuant to California Environmental Quality Act Guidelines at 14 CCR Section 15301 (Class 1, Minor Alteration to Existing Facilities), Section 15303 (Class 3, New Construction or Conversion of Small Structures), which exempts construction of swimming pools; and Section 15304 (Class 4, Minor Alterations to Land) which exempts minor trenching where the surface is restored. 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. 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), in the form of a Use Permit in order to allow the development of a pool on land located within the required 45-foot setback from a county designated blue-line stream (Soda Creek). The subject parcel was impacted by the 2017 Complex fire, and the house (rebuild is almost completed) has been setback further from the existing stream. During the original building permit submittal two potential pool locations were called out; one location was proposed within the footprint of the former residence (an area that was already disturbed and developed) and another in between the house and well. Both locations lie within the required stream setback from Soda Creek, however, the existing home and improvements were legally established several decades before adoption of the stream setback requirements which came into effect in 1993 and thus said noted uses constitute pre-existing legal nonconformity. The proposed pool is an accessory use to a residence but is considered a new use as it was not existing prior to the 2017 fire. The development potential of the site is constricted due to the small size of the parcel (0.45 acres), narrow width of the parcel (~50 feet at the narrowest and ~150 at the widest), and the required road setback/front yard setback from Soda Canyon Road (55 feet) and the stream setback requirement (45 feet) (see Attachment F: Parcel Buildable Area Map). The exception request will allow for the owner to develop a pool with the stream setback, a use which other nearby parcels enjoy.
The project is located on an approximately 0.45-acre parcel within the Agricultural Watershed (AW) zoning district and accessed via a private driveway located off of Soda Canyon Road. The parcel is approximately 450 feet south of the intersection of Shady Oaks Road and Soda Canyon Road; 1229 Soda Canyon Road, Napa, APN: 039-130-005-000.
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: Jeffery Potts, (925) 216-5553, jpotts@sdgarchitectsinc.com
body
EXECUTIVE SUMMARY
Proposed Actions:
That the Planning Commission:
1) Adopt the Categorical Exemption based on Findings 1-4 of Attachment A; and
2) Approve an Exception to the Conservation Regulations in the form of a Use Permit (#P23-00318-UPX), based on Findings 5-16 of Attachment A, and subject to the Conditions of Approval (COA) listed in Attachment B.
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 a new pool within what is primarily the footprint of the former residence and an existing disturbed portion of the parcel within a required stream setback. Staff has reviewed the request and determined that the proposed project, as designed, would not result adverse impacts on the site compared to existing conditions, 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: Section §15301 (Class 1, Minor Alteration to Existing Facilities) which exempts minor alterations of existing public or private structures; Section §15303 (Class 3, New Construction or Conversion of Small Structures) which, exempts construction of swimming pools; and Section §15304 (Class 4, Minor Alterations to Land) which exempts minor trenching where the surface is restored.
As the Project qualifies for the identified exemptions, it 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. PBES staff has reviewed the project submittal materials, consulted with the California Department of Fish and Wildlife (CDFW) and 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 disturbances within the creek setback, merely a new pool within an area which has been previously disturbed during reconstruction of the house), no trees proposed for removal, and minimal excavation of soil is needed to install the pool and its associated infrastructure.
As noted above, County Staff reached out and confirmed with CDFW that the proposed pool’s location is outside of the designated riparian zone and they did not raise any concerns with the proposed project but did note that the project should pay extra attention to avoid any indirect or direct impacts to the stream from the pool’s construction or operation. As such, staff is recommending various Conditions of Approval (COAs) to help protect Soda Creek during project implementation such as; require the installation of construction fencing 5 feet from the top of bank of Soda Creek inside of which no work shall occur, that all staging and construction will occur outside of the required stream setback, and that all worker parking occurs outside of stream setback (see Attachment G: CDFW Correspondence).
Based on the proposed project as described above and in the associated Categorical Exemption Memorandum (see Attachment C), the Potts Pool Use Permit Exception to Conservation Regulations request meets the criteria for eligibility as Categorically Exempt from CEQA for Class 1, 3 and 4.
BACKGROUND AND DISCUSSION
Owner/Applicant: Jeffery Potts
Zoning: Agricultural Watershed (AW) District
General Plan Designation: Agricultural, Watershed and Open Space (AWOS)
Parcel Size: 0.45-acres
Application Filed: November 6, 2023; Resubmittals: December 20, 2023; March 21, 2024; March 21, 2025
Application Complete: May 7, 2025
Adjacent General Plan Designations, Zoning Districts and Land Uses: Surrounding properties within Napa County to north, south and east are all within the Agriculture Watershed Open Space General Plan land use designation and the Agricultural Watershed zoning designation. Parcels to the east are all within the Agricultural Resource (AR) General Plan land use designation and the Agricultural Preserve (AP) zoning designation. The lots immediately adjacent to the property in Napa County are approximately 0.25, 1.01, 3.24 4.04, 6.35, and 41.52 acres each, developed with predominantly single family residences to the north, south, east and west, with some parcels containing vineyard; parcels have similar vegetation as compared to the subject parcel with the vegetation dominated by vegetation canopy cover- many of the surrounding parcels, including the subject parcel were impacted by the 2017 Glass Fire. (See Attachment I- 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 at least prior to 1957. There is little building permit history for the original structures that were lost in the 2017 fire. Historic aerials from 1958 and 1948 are unclear and do not help to demonstrate when the original house was built. However, there is a permit from 1957 for an addition to a dinette (B3382) which confirms there was an existing residence on the parcel prior to that date. Various additions, alterations and remodels were approved to the existing structure throughout the years and are summarized below:
o A remodel/alteration approved in 1986 and 1989 (Permit #39100 and #45564)
o A roof replacement approved in 1986 (Permit #39093)
o A new 512 square foot (sf) deck addition approved in 1988 (Permit #43459)
o A chimney replacement approved in 2003 (Permit #B03-00993)
As the parcel was impacted by the 2017 fire and the existing on-site structure (a residence and a garage) were demolished under permit; a new residence and garage (converted to a pool house) are currently under construction with both structures nearing completion. More recently, post-fire, the following development has been approved:
o Approved replacement residence under BR22-00189 (issued but not yet finaled as house is still under construction).
o Approved replacement of 427 sf garage under BR22-00191 (also issued but not yet finaled)
• The structure was revised to convert the detached accessory structure from a garage to a pool house (swapping one accessory use to another.
o Proposed pool construction under P23-00318-UPX (still under process and a pool permit will be required if the Exception Request is approved).
Code Enforcement Cases:
There are no active code enforcement cases on the subject parcel.
Project Description and Setting:
The project involves the installation of an inground pool which will have an approximately 1350 cubic foot footprint (25’ long, 12’ wide, 3-6’ deep pool (~10,000 gallons) and approximately 17’ length of trenching, 3” wide and 24” deep (8.5 cubic feet) (see Attachment F - Pool Plan Set and Dimensions). Multiple locations were considered and assessed during the review process, however there is no location on this very limited site for the pool be located without encroaching into either required road, stream, or septic/reserve areas. The current location and orientation were chosen to meet setback requirements from tanks, structures (house and former garage - now a pool house) while taking advantage of areas that were occupied by the former residence and in areas that are already disturbed.
As noted earlier, the site is limited due to the size of the parcel (0.45 acres) and the additional setback requirements from Soda Canyon Road and from Soda Creek (see Attachment E - Parcel Buildable Area Map). The proposed location does not require the removal of any trees, and CDFW confirmed that the proposed location is outside of the riparian corridor for Soda Creek and did not raise any concerns with the project other than ensuring the installation and operation of the pool avoids any indirect or direct impacts to the stream (see Attachment G - CDFW Correspondence).
The parcel is generally level, but the rear yard (facing to the north-west) is located along the south-eastern bank of Soda Creek, with the rear property line extending approximately to the opposite bank of the creek. Approximately 5-25 feet of the lot nearest the rear property line lies within the defined bed and bank of the creek an area which is under the jurisdiction of the CDFW. No work is proposed within the existing stream bed or bank. Within the bank near the low water flow line is an existing retaining wall installed at some point when the property was under prior ownership (likely 20 or more years ago). There is no record of any permits speaking to this feature, however, this would be considered an existing condition and several other properties along Soda Canyon Road contain similar features, which are common on smaller rural parcels abutting stream channels. The proposed pool will be located between the house and stream (approximately 1/3 of which is either outside the required 45 foot setback or within the previous residences footprint) and the rest will be located within the required stream setback in an area adjacent to the former garage (now pool house). The pool will have a setback from the top of bank ranging from as close as 12 feet 7 inches to 23 feet 8 inches.
The riparian corridor within the defined bed and bank does not contain significant tree cover as the existing vegetation was severely impacted by the 2017 Fire. The proposed swimming pool will be located in a portion of the 0.45-acre property that used to contain the former main residence and landscape improvements that were lost in the fire; this area has also since been disturbed during reconstruction of the single-family residence and pool house. All improvements will occur outside of the defined bed and bank within areas which had been previously disturbed during reconstruction and would have contained typical back yard features as part of the previous residence.
The proposed pool has property line setbacks consistent with county code, other than the requested exception to the required stream setback, as the proposed pool location is outside of the required yard setbacks:
o Side yard
• Required: 20’
• Proposed: ~40’ (southern property line) + and ~120 (northern property line),
o Front yard + Road setback
• Required front: 20’; Road setback 30’ = 20’ + 30’ = 50’
• Proposed ~73’:
o Rear yard:
• Required: normally 20’, however, per 18.104.280 (Miscellaneous improvements in yards) a 5’ setback is permitted.
• Proposed: ~17’.
Some minor trenching (approximately 17’ in length and 24” deep) will also be needed to accommodate the piping and electrical that will connect to the pool equipment.
Discussion Points:
Access to the property exists from Soda Canyon Road, and no additional road is proposed to access the pool 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 Division, not subject to any Conditions of Approval. Fire did make a comment that additional details would be needed for the pool building permit (that will be required if this exception is approved) if the pool was intended for use for fire suppression. However, according to the applicant the pool is not planned to be used for fire suppression. 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 pool, which is an accessory use to the approved residential use of the parcel and the history of the parcel as a residence since at least 1957.
As noted earlier the pool will contain approximate 14,587 gallons of water. This much water should take approximately 5 truck trips to haul to the site (with each truck holding a total of approximately 3,000 gallons) and this is well below the 110 daily trip threshold for significant impacts in regards to traffic and, as such, the project should not result in undue traffic delays in the surrounding area during initial filling of the pool. The subject parcel is severely constrained in its development potential due to required road/front yard setback and stream setback requirements. The project will also involve the installation of piping and mechanical pool equipment; the mechanical equipment will located immediately behind the pool house (formerly the garage) at the edge of the 45-foot setback from Soda Creek.
The project is consistent with county property line setback requirements.
The Categorical Exemption also found that implementation of the proposed project would result in less than significant impacts, see Attachment C - Categorical Exemption Memorandum.
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 driveway to access the subject parcel. Submittal of a building permit and grading permit are required for the project, if approval of this Exception to the Conservation Regulations is 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 no there is no potential for significant on- or off-site erosion, impact to siltation, or flooding.
There are no unique geologic features within or near the project site, and while the proposed pool is located within the required 45-foot stream setback from Soda Creek CDFW has reviewed the proposal and found that it is not subject to additional permitting. All work will occur outside of the stream bed and stream bank and within existing disturbed/managed areas.
The proposed project does not propose to remove any trees, consistent with Napa County Code 18.108.020(C).
A site visit and analysis of the County GIS layers was conducted by County Staff. Due to the nature of the development, a new pool within the footprint of, and adjacent to, the former residence, 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 a pool on a site that is already disturbed and developed, though additional COAs to require construction fencing and staging/parking to occur outside of the required stream setback have been included to help ensure there are no impact to Soda Creek.
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 that the necessary findings can be made to approve the requested exception to the Conservation Regulations.
Water Use:
The project is not located within the GSA, the NE Management area, nor the Milliken-Sarco-Tulocay (MST) area, identified areas with known groundwater concerns and deficiencies. Pools are considered a residential use which can be permitted on a parcel upon the approval of a Pool Building Permit, they are an accessory to a main residence and are considered by right, similar to how a main residence, garage or guest house, etc. (provided they meet setbacks and other division requirements). This project is only discretionary due to the size constraints of the parcel which only contains buildable areas within require stream and yard setbacks. A Condition of Approval has been included to require the initial filling of the pool to come from trucked in potable water (see Attachment B). Water needed to top off the pool from there would be considered negligible and would not result in a significant increase in water use on the parcel. Additionally, as part of the rebuild the property owner has installed low flow fixtures and is proposing to utilize low water use plantings for the new landscaping which will further reduce groundwater demands compared to previous conditions; this has been included as a Condition of Approval. Staff is additionally recommending a Condition of Approval that at least 50% of the replanting that will occur within the required setback contain at least 50% native species, ideally riparian species such California bay, Oregon ask, willows, valley oaks, coast live oaks, as well as understory vegetation such as mulefat, torrent sage, and western azalea.
Public Trust:
While no Water Availability Analysis (WAA) was prepared for the project the County is requiring via conditions of approval that ensure the proposed project does not result in potential impacts to groundwater or surface water. With conditions of approval to require the use of trucked in potable water (to initially fill the pool), the installation of low water use landscaping, as well as the applicants existing commitment to install low flow appliances and fixtures within the replacement residence the county has ensured the proposed project requesting installation of a pool, accessory to an existing residence, has been assessed in regards to public trust and will not result in significant impacts.
Public Comments:
To date there have been no public comments received regarding this proposal.
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 pool, an accessory to the existing approved residential use.
Staff supports this option because it meets the findings and is defensible as a Categorical Exemption as this project qualifies as an exempt activity under three sections of Article 19: CCR §15301 (Class 1, Minor Alteration to Existing Facilities), §15303 (Class 3, New Construction or Conversion of Small Structures), which exempts construction of swimming pools; and §15304 (Class 4, Minor Alterations to Land), which exempts minor trenching where the surface is restored.
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
Discussion - Denial of the requested use permit would deny the property owner the ability to enjoy the use of a pool on their parcel, a use which is enjoyed by other parcels located along Soda Creek. The proposed pool is located within the footprint of the former main residence, so no new distances within the creek setback are requested. 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
Discussion - The Commission may continue the item to a future hearing date, at its discretion.
Supporting Documents:
A. Recommended Findings
B. Recommended Conditions of Approval
C. CEQA Cat Ex Memo Determination
D. Application Submittal Materials and Assessors Maps
E. Parcel Buildable Area Map
F. Pool Plan Set
G. CDFW Correspondence
H. Correspondence
I. Graphics