NAPA BASIN REACH INC AND NAPA SWITCHBACK BEND INC /
LANGTRY FARMS TROLLEY AND BARN CERTIFICATE OF
EXTENT LEGAL NONCONFORMITY APPLICATION
(P26-00016-CLN)
A.
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
APPLICANT CONTACT: Napa Basin Reach, LLC, (707) 987-9772, or
APPLICANT REPRESENTATIVE: Jim Bushey, PPI Engineering, Inc.,
(707) 253-1806, or jbushey@ppiengineering.com