POTTS POOL USE PERMIT EXCEPTION TO THE CONSERVATION
REGULATIONS - #P23-00318-UPX
B.
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.
