TO: Napa County Planning Commission
FROM: Brian D. Bordona - Director of Planning, Building and Environmental Services Director
REPORT BY: Andrew Amelung - Planner II
SUBJECT: Lamoreaux Family Cemetery Use Permit #P24-00327
RECOMMENDATION
title
MORGAN L. MORGAN / LAMOREAUX FAMILY CEMETERY / USE PERMIT NO. P24-00327-UP
CEQA status: Consideration and possible adoption of CEQA Categorical Exemption Class 4. 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 Class 4 (“Minor public or private alterations to land”) which may be found in the guidelines for the implementation of the California Environmental Quality Act at 14 CCR §15304; see also Napa County’s Local Procedures for Implementing the California Environmental Quality Act, Appendix B.]
Request: Approval of a use permit to establish a small, private family cemetery to include the following: (1) 2,400 square-foot (0.05-acre) interment area for a maximum of 10 burial plots; and (2) associated burial or grave marker head stones. The cemetery site is located on a small knoll in the southern portion of a 40.0-acre parcel on the north side of W Oak Knoll Avenue, approximately 0.59 miles west of State Highway 29, within the Agricultural Preserve (AP) zoning district, located at 2200 W Oak Knoll Ave, Napa, CA 94558. APN: 034-190-018-000.
Staff Recommendation: Find the project categorically exempt from CEQA and approve the Use Permit as conditioned.
Staff Contact: Andrew Amelung, Planner II, 1195 Third St, Suite 210, Napa, CA 94559; (707) 253-4307; andrew.amelung@countyofnapa.org
Applicant Contact: Morgan L. Morgan, Lamoreaux Family Cemetery, 2200 W Oak Knoll Ave, Napa, CA 94558; (707) 226-6535; m2morgan@hotmail.com
Applicant Agent: Jim Bushey, PPI Engineering, 2800 Jefferson, Napa, CA 94558; (707) 253-1806; jbushey@ppiengineering.com
body
EXECUTIVE SUMMARY
PROPOSED ACTIONS
That the Planning Commission:
1. Find the project Categorically Exempt from CEQA based on recommended Findings 1 through 3 of Attachment A;
2. Approve Use Permit Application No. P24-00327-UP, based on recommended Findings 4 through 8 of Attachment A and subject to the recommended Conditions of Approval in Attachment B.
Discussion:
On November 26, 2024, the applicant submitted a request for a use permit to establish a small, private family cemetery 2,400 square feet (0.5 acres) in size, with a maximum of 10 burial plots on a 40.0-acre parcel. The cemetery site is located on a flat area near a small knoll surrounded by native trees approximately 200 feet to the south of the primary residence.
The site is accessed from W Oak Knoll Avenue through an existing gate and driveway that crosses APN: 034-190-019-000 to the east of the project parcel. This parcel, and 56 percent of the project parcel, are owned by the Oak Knoll Ranch Preserve, LLC, which is also owned and managed by the applicant and property owner.
The cemetery as proposed comes under the authority of the State of California Department of Consumer Affairs Cemetery and Funeral Bureau (the Cemetery and Funeral Bureau). The Cemetery and Funeral Bureau requires that the proposed cemetery location be compatible or allowed by the local land authority and requires a copy of the Napa County application for the use permit. The applicant has applied to the Bureau for a Certificate of Authority to have a cemetery, and the associated state application documents can be found in Attachment D.
Staff has reviewed the proposed project and supports recommending that the Planning Commission find the project categorically exempt from CEQA and approve the use permit request as currently drafted in the staff report packet, subject to the recommended Conditions of Approval in Attachment B. Findings in support of the categorical exemption and the use permit have been prepared in Attachment A. A Memorandum on the CEQA Categorical Exemption has been prepared in Attachment C.
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: Consideration and possible adoption of CEQA Categorical Exemption Class 4. 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 Class 4 (“Minor Alterations to Land”) which may be found in the guidelines for the implementation of the California Environmental Quality Act at 14 CCR §15304; see also Napa County’s Local Procedures for Implementing the California Environmental Quality Act, Appendix B.]
BACKGROUND AND DISCUSSION
Owner: Oak Knoll Ranch Preserve LLC., 2200 W Oak Knoll Avenue., Napa, CA 94558., (707) 226-6515 or pal@lamoreauxp.com
Applicant: Phillip Lamoreaux
Zoning: Agricultural Preserve (AP) and Agricultural Watershed (AW)
General Plan Designation: Agricultural Resource (AR)
Filed: November 26, 2024
Complete: January 6, 2025
Property Area: 40.0 Acres
Existing Development: Primary Residence, Accessory Structures, Vineyards, Agricultural Reservoir
Proposed Structural Development: No new structures
Signage: Burial/grave markers allowed.
Adjacent General Plan Designation/Zoning/Land Use:
North: Agricultural Resource; Agricultural Preserve; Vineyards & Rural Residences
East: Agricultural Resource; Agricultural Preserve; Vineyards & Rural Residences
South: Agricultural Resource; Agricultural Preserve; Vineyards & Rural Residences
West: Agricultural Watershed; Agricultural Watershed; Vineyards & Rural Residences
Parcel History: Development history on the parcel primarily consists of a series of building permits associated with ministerial permitting. The existing vineyards would not have required Erosion Control Plans as they are located on generally flat surfaces on the Napa Valley Floor. Three temporary event permits have been issued on the parcel in 2004, 2008, and 2018.
Code Compliance History: A Code Enforcement Case was opened on the property in 2019 (CE19-00821) when a Notice of Nuisance was issued and sent to the property owner concerning some dead and/or dying trees along the property line. The property owner was able to meet with the assigned Code Enforcement Officer and provide an arborist report on the state of the trees, which identified one dead tree and one dying tree, both of which were leaning away from any neighboring property and as such did not present a hazard nor nuisance. A following complaint was made about another tree that had fallen across a driveway. On October 9, 2019, the Code Enforcement Case was closed and the status changed to resolved as the property owner had agreed to address the failing trees and hazards presented along the property line.
Discussion Points:
The proposed small, private family cemetery is 2,400 square feet (0.5 acres) in size, with a maximum of 10 burial plots on a 40.0-acre parcel and is surrounded by trees and associated natural vegetation that prevent its visibility from the surrounding parcels and general public. The 10 plot locations have been sited to take advantage of the open space areas within the mature trees. The project site is approximately 365 feet from Dry Creek, well beyond the required stream setback as described in NCC §18.108.025.
Earth interment is proposed. No structures are proposed other than simple head stones that do not require a building permit. No trees will be removed, and ongoing maintenance of the family plot is allowed in accordance with the Napa County Engineering Division’s conditions concerning any prep or post construction earth disturbance. Pre-interment site preparation for a burial is allowed as needed without a grading permit upon issuance of a cemetery use permit. Visitation will occur with burial services and on occasion after interment by family and friends. This small, family cemetery will not be open to the public. Two existing owl boxes are located within the vicinity as the project location is within an Owl Habitat as identified by the California Natural Diversity Database. No impacts on owl habitat are expected as there will be no tree removal and minimal occurrences of ground disturbance that is anticipated to be years apart from each other is expected.
Napa County approved two other small family cemeteries in 2010 and 2012 (P10-00154 and P12-00266), which established between 10 and 16 burial plots per cemetery. The County has no immediate knowledge of the potential for more family cemetery requests, and cemeteries are allowed within all zoning districts subject to use permit approval per NCC §18.120.010(B)(12).
The Cemetery and Funeral Bureau maintains a rigorous process for applicants to establish a private cemetery. The cemetery, as proposed, comes under the authority of the Cemetery and Funeral Bureau. They require that the proposed cemetery location be compatible or allowed by the local land use authority and require the applicant to submit a copy of the use permit application with the cemetery application. The applicant has applied to the Cemetery and Funeral Bureau for a Certificate of Authority to establish a private, family cemetery and a copy of that application was provided by the applicant. A cemetery manager must be designated by the applicant and included in the Cemetery and Funeral Bureau’s application process. The applicant has hired a private cemetery manager, Jim Bushey, PPI Engineering, to oversee management of the cemetery and ensure the ongoing protection of public health and safety. The Cemetery and Funeral Bureau also requires the applicant to record a cemetery map with the County Recorder’s office. Once the use permit application process is complete and the requirements of the Cemetery and Funeral Bureau have been fulfilled, a field representative from the Cemetery and Funeral Bureau will conduct an inspection of the cemetery. Final approval is given by the Cemetery and Funeral Bureau, and at that point the Certificate of Authority license will be issued.
Consistency with Standards:
1. Zoning: The project is consistent with the AP and AW zoning district which allows a cemetery through a use permit approval per NCC §18.120.010(B)(12).
2. Building / Fire: As proposed, there are no structures necessitating compliance with Building and/or Fire Codes.
3. Environmental Health / Public Works: As proposed, there are no activities under the Environmental Health Division’s or the Department of Public Work’s discretion.
4. Engineering Division: As proposed, the Engineering Division has commented with conditions for earthmoving and site preparation. Earthwork associated with the digging of a grave in an approved cemetery does not require a grading permit.
Public Comments
At the time this staff report was completed no public comments have been received.
Decision Making Options:
As noted in the Executive Summary Section above, staff is recommending the Planning Commission support the project as summarized in Option 1, below. Decision making options include the following:
Option 1 - Approve Applicant’s Proposal (Staff Recommendation)
Disposition - This action would result in approval of a use permit. Staff recommends this option as the request is consistent with the Zoning Ordinance, applicable General Plan policies, and other County regulations as presented in the Recommended Findings (Attachment A).
Action Required - Follow the proposed actions listed in the Executive Summary. If conditions of approval are to be amended, specify conditions to be amended at time motion is made.
Option 2 - Modify the Applicant’s Proposal
Disposition - This option would result in modification to the proposed cemetery to address concerns of the Planning Commission and/or public comments if solicited.
Action Required - Follow proposed actions listed in the Executive Summary and recommend amended scope and applicable conditions of approval. The item may need to be continued to a future date if significant revisions to the recommended plans and conditions of approval are desired.
Option 3 - Deny Proposed Project
Disposition - In the event the Commission determines that the project does not, or cannot, meet the required findings for the granting of the Use Permit, Commissioners should articulate what aspect or aspects of the project are in conflict with the required findings. State Law requires the Commission to adopt findings, based on the General Plan and County Code, setting forth why the proposed Use Permit is not being approved.
Action Required - Commission would take tentative motion to deny the project and remand the matter to staff for preparation of required findings, based upon the Commission's statements. Staff would return to the Commission with the findings for denial at a future date.
Attachments:
A. Recommended Findings
B. Recommended Conditions of Approval
C. CEQA Exemption Memorandum
D. Application Packet
E. Graphics