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 portions of an existing 880 foot driveway to encroach into the minimum required creek setback from the top of bank of Bear Creek. The proposed driveway widening would provide continued access from Beerstecher Road to the storage structures and proposed future Inglenook Residence located within 2,275 feet of the intersection of Beerstecher Road and Niebaum Lane, at APN 027-200-017, an approximately 133.73 acre parcel. The proposed roadway alignment would generally follow the alignment of the existing roadway.
Napa County Code Section 18.108.025 establishes minimum setbacks from top of bank of intermittent and perennial streams, prohibiting structures, earthmoving activity, grading, removal of vegetation and certain agricultural uses of land within the specified setbacks. The required minimum setback is as little as 35 feet from top of back, with the setback distance increasing as the slope at top of bank becomes steeper, up to as much as 150 feet where the slope is or exceeds 60 percent. In the proposed project area, slope at top of bank ranges between 0 and 15 percent, so that the minimum stream setback from top of bank is either 45 or 55 feet depending on the precise location along the roadway. While 1,395 feet of the proposed private road would be outside the required setbacks, approximately 880 feet of the 2,275 foot long roadway is within the required stream setbacks, necessitating a request for an exception to the Conservation Regulations (County Code Section 18.108.040).