25-1248
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
- Committee
- Planning Commission
- Requested by
- Planning, Building and Environmental Services
- Introduced
- June 30, 2025
- On agenda
- July 16, 2025
- Passed
- December 31, 2025