TO: NAPA COUNTY ZONING ADMINISTRATOR
FROM: Michael Parker for Brian D. Bordona - Planning Director
REPORT BY: Wendy Atkins, Planner II
SUBJECT: Napa Mini House P19-00294-VAR
RECOMMENDATION
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COLIN REYNOLDS / ELIZABETH BOYD / NAPA MINI HOUSE / VARIANCE APPLICATION #P19-00294-VAR
CEQA Status: Consideration and possible adoption of a Categorical Exemptions, Section 15303, Class 3, 4, and 5. 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 15301, Section 15303, Class 3 New Construction or Conversion of Small Structures, Section 15304, Class 4 Minor Alterations to Land, and Section 15305, Class 5 Minor Alterations in Land Use Limitations]. The project site is not included on a list of hazardous materials compiled pursuant to Government Code Section 65962.5.
Request: Approval of a variance application to allow the following:
1) the construction of a 1,415 sq. ft., 34-foot tall single-family home four (4) feet from the side (north and south) property boundaries, which would reduce the required first story side yard setbacks from five (5) feet to four (4) feet;
2) allow the second and third stories of a 34-foot tall single-family home four (4) feet from the side (north and south) property boundaries, which would reduce the required three (3) additional feet of side yard setback for each story above the first story of any building from eight (8) feet to four (4) feet for the second story and 11 feet to four (4) feet for the third story;
3) reduction in off-street parking from two (2) spaces to one (1) space;
4) allow an on-site parking space in the road setback (12 feet setback from centerline of road), front setback (0 setback from property line), and reduce the required side setbacks from five (5) feet to four (4) feet; and
5) allow a covered deck to extend six (6) feet into the rear setback, reducing the required setback from 20 feet to 14 feet.
Staff Recommendation: Find the project categorically exempt and approve the variance application, as conditioned, and authorize clearance for processing of an associated building permit for the residence.
Staff Contact: Wendy Atkins, Planner II, (707) 259-8757, or wendy.atkins@countyofnapa.org
Applicant Contact: Elizabeth Boyd, (206) 491-2860, or boyd.elizabethr@gmail.com
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EXECUTIVE SUMMARY
Proposed Actions:
That the Zoning Administrator:
1. Find the project Categorically Exempt from CEQA based on Findings 1 through 3 of Attachment A;
2. Approve the Variance Application (P19-00294-VAR) to allow the following:
a) the construction of a 1,415 sq. ft 34-foot tall single-family home four (4) feet from the side (north and south) property boundaries, which would reduce the required first story side yard setbacks from five (5) feet to four (4) feet;
b) allow the second and third stories of a 34-foot tall single-family home four (4) feet from the side (north and south) property boundaries, which would reduce the required three (3) additional feet of side yard setback for each story above the first story of any building from eight (8) feet to four (4) feet for the second story and 11 feet to four (4) feet for the third story;
c) reduction in off-street parking from two (2) to one (1) space;
d) allow an on-site parking space in the road setback (12 feet setback from centerline of road), front setback (0 setback from property line), and reduce the required side setbacks from five (5) feet to four (4) feet;
e) allow a covered deck to extend six (6) feet into the rear setback, reducing the required setback from 20 feet to 14 feet.;
based on Findings 4 through 7 of Attachment A and subject to the conditions of approval in Attachment B.
Discussion:
A Variance application is requested to allow the installation of a parking space in the required road and front setback and side yard setbacks. The proposed residence would encroach into the side yard setbacks and into the addition required side yard setback for each story above the first story of the building. In addition, and the sunshade would encroach into the required rear yard setback. With this Variance, staff would be able to authorize clearance for processing of an associated building permit for the residence. Given the analysis presented herein, staff recommends that the required variance findings be made, and the application be approved.
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: Consideration and possible adoption of Categorical Exemptions Class 3, 4, and 5. 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; Section 15304, Class 4 Minor Alterations to Land, which may be found in the guidelines for the implementation of the California Environmental Quality Act at Title 14 CCR §15301, §15303, and §15304, and Section 15305, Class 5 Minor Alterations in Land Use Limitations pursuant to Napa County’s Local Procedures for Implementing CEQA]. The project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5.DETERMINATION: Click or tap here to enter text.
BACKGROUND AND DISCUSSION
Owner: Colin Reynolds / Elizabeth Boyd / Napa Mini House / (206) 491-2860, or boyd.elizabethr@gmail.com
Zoning: Residential Single / Airport Compatibility District (RS:AC)
General Plan Designation: Agriculture, Watershed and Open Space (AWOS)
Filed: June 20, 2019; Resubmittal Received: January 22, 2024; Deemed Complete: March 7, 2024
Code Compliance History: None
Existing Development: Vacant and developed as part of the Edgerly Island River Lots Subdivision (James Street).
Setbacks:
Required Setbacks- The Zoning Ordinance requires the following setback requirements for the RS zoning District:
Front and Rear Yard: 20 feet front, measured from the outer perimeter of the applicable 28-foot road setback, and 20 feet rear yard setback measured from the property line.
Side Yard: 5 feet plus 3 additional feet added to each side yard for each story above the first story of any building.
Parking: required parking spaces shall not be located in the required front yard, any required landscape setback or area provided by an applicable specific plan or any required exterior side yard.
Proposed Setbacks - The construction of the single-family residence consists of a loft level floor, main level floor, a ground level floor, and parking. The applicant has requested a variance for the following:
1) allow the construction of a 34-foot tall single-family home four (4) feet from the side (north and south) property boundaries, which would reduce the required first story side yard setbacks from five feet to four feet;
2) allow the second and third stories of a 34-foot tall single-family home four (4) feet from the side (north and south) property boundaries, which would reduce the required three (3) additional feet of side yard setback for each story above the first story of any building from eight (8) feet to four (4) feet for the second story and 11 feet to four (4) feet for the third story;
3) reduction in off-street parking from two (2) to one (1) space;
4) allow an on-site parking space in the road setback (12 feet setback from centerline of road), front setback (0 setback from property line), and reduce the required side setbacks from five (5) feet to four (4) feet;
5) allow a covered deck to extend six (6) feet into the rear setback, reducing the required setback from 20 feet to 14 feet.
Discussion Points:
Setting - The 0.09 acre residential parcel is located on the east side of Milton Road, 32 parcels north of the terminus of Milton Road. The subject parcel is relatively small compared to similar parcels in the area with the same setback requirements. The combined setback and parking requirements would encumber approximately 2,970.8 sq. ft. of the 3,920.4 sq. ft. or 76% of the parcel coverage, leaving approximately 24% of the parcel coverage or 949.6 sq. ft. for development of a residence. The proposed project would allow a parking space located adjacent to the front property line located entirely within the required 48 foot road and front setback and would also encroach 5.5 feet to the side yard setback (south property line) and 2 feet into the 5 foot required side yard setback (north property line). The proposed residence would encroach 1 foot into the side yard setbacks (south and north property boundaries) and the sunshade would encroach 6 feet into the required rear yard setback. In addition, the residence is not consistent with the required side yard setback which requires an additional 3 feet of setback to each side yard for each story above the first story of the building. The subject parcel is a long, narrow quadrangle, extending 120 feet from Milton Road to the Napa River with a width of 20 feet on the river side, and 22.14 feet on the road side, as indication on Exhibit (Attachment D). Like the other parcels along this stretch of Milton Road, it is flat and level with Milton Road, and then it rises sharply at the rear of the property adjacent to the river, to a height of approximately 9 feet above the road.
Building Design - The architectural design of the structure is comparable to neighboring structures.
Access - The parcel would be accessed directly from Milton Road directly into the one proposed parking space.
Single Family Residence - It should be noted that State and Federal law mandate that local zoning regulations cannot deny a property owner of all reasonable use of their property. As a result, County regulations have been crafted to allow a single-family home (of undetermined size) to be constructed, by right on a legal parcel in the County as a means of achieving consistency with that mandate. At this time, the applicant proposes to construct a 1,415- sq. ft. single-family residence above a ground floor storage area. The residential unit will be setback four (4) feet from the side property boundaries, 34 feet from the front property boundary, and 20 feet from the rear property boundary. An attached 72 sq. ft. elevated deck will be located off the rear of the residential unit, approximately 11 feet above grade and the same height as the top of the levee and have a 14-foot setback from the rear property boundary and the base of the river levee bank. The project would result in approximately 987 sq. ft. of new impervious surfaces. The total height of the ground floor single-family residence is a 33.5 feet measured to the top of the roof. The maximum building height requirement for the RS Zoning District is 35 feet.
Parking - The project is located 32 parcels north of the terminus of Milton Road approximately four (4) miles south of Highway 12. Access to the property is directly off Milton Road. The applicant proposes to surface approximately 318 sq. ft. of the existing lot with pavement to bring the driveway access into compliance with the Napa County Road and Street Standards and to provide one (1) on-site uncovered parking spaces.
Airport Land Use Compatibility- The project site is zoned RS:AC which allows single-family residential without a use permit and is located on a developed lot surrounded by existing single-family residential development. The property also requires consistency with the Napa County Airport Land Use Compatibility Plan. The project site is located within the Zone C compatibility area, which is defined as the area where aircraft will be below 300 feet above ground level. Properties in this zone will be affected by substantial noise and residential uses are not typically allowed unless the base zoning allows residential. The project is comprised of a single family residence and parking area. The height of the three story 1,415 sq. ft. mixed-use building is 33.5 measured to the top of the roof. The project, as conditioned, is compatible with uses permitted in Zone C of the ACLUP. The proposed residential use on a residentially zone parcel is allowed by right and is also consistent with the applicable development standards and compatibility requirements.
Biological Layers - Based upon a review of the County of Napa GIS Biological Layers (Vegetation, Biological Site, Biological Survey, CNDDB and CNDDB Spotted Owl) two special status species were noted to have the potential to occur in the vicinity of the project site: The Delta tule pea (Lathyrus jepsonii var. jefsonii) and longfin smelt (Spirinchus thaleichthys) and are discussed in further detail below:
Delta tule pea (Lathyrus jepsonii var. jefsonii): The Delta tule pea has the potential to occur in the area, it is generally found on brackish and freshwater marsh and slough edges and tends to grow in marshes and wet places (see footnote). Existing conditions include an abandoned trailer storage area covered with dry sand, which is not considered suitable habitat for the plant.
Longfin smelt (Spirinchus thaleichthys): The longfin smelt habitat is in the open waters of estuaries, while longfin smelt may exist in the Napa-Sonoma Marshes Wildlife Area, construction is not proposed in the marsh. As required by the Engineering Division, prior to issuance of a building permit, the owner shall prepare a Single-Family Home/Small Development Project Stormwater Control Plan (SCP) in accordance with the latest edition of the BASMA Post-Construction Manual for review and approval by the Engineering Division in PBES. The SCP will address the potential and prohibit pollutants from entering the marsh.
In addition, the Napa GIS Biological Layer (Vegetation) Background states that the Landcover Category is Developed, the Sensitive Biotic Status: Part of a sensitive biotic community states no, and Sensitive Biotic Status category is Developed.
Variance - A Variance application is requested to allow the installation of a parking space in the required road and front setback and side yard setbacks. The proposed residence would encroach into the side yard setbacks and into the addition required side yard setback for each story above the first story of the building. In addition, and the sunshade would encroach into the required rear yard setback.
Variances must satisfy the criteria in Government Code Section 65906 and County Code Section 18.128.060. Generally, the findings for a variance must meet a three-prong test to satisfy the statutory requirements together with additional local findings contained in the County Code. An application must demonstrate that:
1) they will suffer practical difficulties and unnecessary hardships in the absence of the variance;
2) these hardships result from special circumstances relating to the property that are not shared by other properties in the area; and
3) the variance is necessary to bring the application into parity with other property owners in the same zone and vicinity.
In addition, an application must show that the proposed variance will not be contrary to public interest, safety, health, and welfare. To approve a Variance, the Zoning Administrator must make all four of the required findings listed below. As discussed below, Staff believes the project site can meet all the required findings, and thus, supports grading the variance.
Required Findings pursuant to Section 18.128.060:
1) That the procedural requirements set forth in this chapter have been met.
Staff Comment: An application and required processing fees have been submitted for a variance accompanied with a statement from the applicant outlining the reasons for the request. Site plans depicting the location of the project and elevation drawings showing the appearance of the residential structure and parking space have also been submitted. Noticing and public hearing requirements have been met. The hearing notice was posted on July 13, 2024, and copies were forwarded to property owners within 1,000 feet of the subject parcel and all other interested parties. The public comment period ran from July 13, 2024, to July 24, 2024.
2) Special circumstances exist applicable to the property, including size, shape, topography, location or surroundings, because of which strict application of the zoning district regulations deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.
Staff Comment: The parcel was created when an existing approximately 40’ x 120’ public right of way (the former James Street) was deemed to be not required for public purposes and vacated by the County of Napa. Each half of the right of way was offered to the adjacent property owners. The northern adjacent property owner accepted the offer and purchased the vacated half portion of right of way. The southern property owner declined the offer of purchase, leaving the subject parcel in public ownership. The lot subsequently passed into the ownership of the Napa River Reclamation District. In 2019, the subject parcel was offered for purchase and the petitioners, Elizabeth Boyd and Carl Reynolds, presented and had accepted an offer to purchase subject to the approval of this variance request.
The 0.09-acre parcel is smaller than the average size of the 102 parcels in the same zoning district on Milton Road, which averages 0.16 acres. Additionally, of the 10 houses to the north and 10 houses to the south of the subject parcel (the reviewed area), only 12 meet the required combined road and front yard setback of 48 feet for structures (see Attachment G-aerial photograph). Furthermore, of the 10 houses to the north and 10 houses to the south, the first and second floor side yard setbacks are met for only 7 houses. Staff researched and found four variances to the setback requirements for parcels on Milton Drive within the reviewed area (10 houses to the north and 10 houses to the south of the subject property). The following is a list of address that have received Variances: 1794 Milton Road; 1800 Milton Road; 1836 Milton Road; and 1820 Milton Road.
3) Grant of the variance is necessary for the preservation and enjoyment of substantial property rights.
Staff Comment: This finding requires the applicant to demonstrate that grant of the variance is necessary for the preservation and enjoyment of substantial property rights generally enjoyed by other properties in the same zone and vicinity, but would be denied to the applicant’s parcel due to special circumstances of the property and unnecessary hardship. This is generally referred to as the parity prong. The property is located within the Residential Single (RS) Zoning District. Denial of a variance would deprive the applicant of the ability to reasonably develop the single-family parcel to achieve a degree of parity with other properties in the vicinity within the same zoning district that are not constrained by the pre-existing conditions described above. Strict application of the setbacks would result in both practical and financial hardships, which would restrict the ability to develop the property. Granting of the variance would bring the parcel into parity with other properties in the RS zoning district that have been granted development approval.
4) Grant of the variance will not adversely affect the public health, safety or welfare of the County of Napa.
Staff Comment: The health, safety or welfare of the County is not adversely affected. The project is subject to County Codes and regulations including but not limited to the California Building Code, Napa County Fire Department requirements, Environmental Health Division standards for water and wastewater requirements, and Engineering Division requirements all with recommended conditions that would be incorporated into the project to assure protection of public health, safety and welfare.
Public Comments - No comments have been received as of preparation of this report.
SUPPORTING DOCUMENTS
A. Recommended Findings
B. Recommended Conditions of Approval
C. Categorical Exemption Memorandum
D. Variance Application
E. Graphics
Footnote: Calflora: Information on California plants for education, research and conservation, with data contributed by public and private institutions and individuals. [web application]. 2024. Berkeley, California: The Calflora Database [a non-profit organization]. Available: https://www.calflora.org/ (Accessed: 06/25/2024).