TO: Napa County Planning Commission
FROM: Brian D. Bordona - Director of Planning, Building and Environmental Services
REPORT BY: Enrique Torres - Planner II
SUBJECT: Howell Mountain Cemetery Use Permit P20-00030-UP, Exception to the Conservation Regulations P25-00293, and an Exception to the Road and Street Standards
RECOMMENDATION
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ETERNAL PRESERVES HOLDINGS LLC. / HOWELL MOUNTAIN CEMETERY / USE PERMIT NO. P20-00030, USE PERMIT FOR AN EXCEPTION TO THE CONSERVATION REGULATIONS P25-00293, AND AN EXCEPTION TO THE ROAD AND STREET STANDARDS
CEQA status: Consideration and possible adoption of a Mitigated Negative Declaration and Mitigation, Monitoring and Reporting Program (MMRP). According to the proposed Mitigated Negative Declaration, the proposed project would not have any potentially significant environmental impacts after implementation of mitigation measures. Mitigation measures are proposed for the following areas: Biological and Tribal Cultural Resources. The project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5.
Request: Approval of a use permit to establish a green burial cemetery to include the following:
(1) construct replacement of the existing well (E15-000784);
(2) demolition of both single-story structures;
(3) construction of a single-story 509 square-foot welcome center including two restrooms;
(4) designate a total 16.19 acres of interment areas split among eight interment areas which range in size from 0.18 to 7.52 acres;
(5) establish approximately 1.5 miles of trails with minor grading;
(6) construct a driveway with an automatic gate; and
(7) conduct limited grading for a total of a 0.69 acre impact area.
The project also requests an Exception to the Conservation Regulations in the form of a Use Permit (P25-00293) to conduct minimal grading for trails and interment areas otherwise inaccessible and an Exception to the Napa County Road and Street Standards to forego a warranted Left Turn Lane. The site is located in the eastern portion of a +/- 109.3-acre parcel on the west side of Howell Mountain Road, approximately 5 miles west of the State Highway 29, within the Agricultural Watershed (AW) zoning district, located at 1225 Howell Mountain Road, Angwin, CA 94508. APN: 018-120-027, 018-120-043, and 018-120-044.
Staff Recommendation: Adopt the Mitigated Negative Declaration and Mitigation, Monitoring and Reporting Program prepared for the project, approve the Exception to the Napa County Roads and Streets Standards, approve the Exception to the Conservation Regulations, and approve the Use Permit, as conditioned.
Staff Contact: Enrique Torres, Planner II, 1195 Third St, Suite 210, Napa, CA 94559; (707) 253-4307; enrique.torres@countyofnapa.org
Applicant Contact: Susan Lapsley, Wildlands, 6558 Lonetree Boulevard, Rocklin, CA 95765; (714) 906-4616; slapsley@heronpacific.com
Applicant Agent: Jim Bushey, PPI Engineering, Inc., 2800 Jefferson Street, Napa, CA 94558; (707) 253-1806; jbushey@ppiengineering.com
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EXECUTIVE SUMMARY
PROPOSED ACTIONS:
That the Planning Commission:
1. Adopt the Mitigated Negative Declaration and the Mitigation, Monitoring and Reporting Program based on recommended Findings 1-7 in Attachment A;
2. Approve the Napa County Roads and Streets Standards Exception Request based on recommended Findings 8-9 in Attachment A, and subject to the recommended Conditions of Approval in Attachment B.
3. Approve the Conservation Regulation Exception Request (P25-00293) based on the recommended Findings 10-16 in Attachment A, and subject to the recommended Conditions of Approval in Attachment B.
4. Approve Use Permit Application No. P20-00030-UP, based on recommended Findings 17 through 21 in Attachment A and subject to the recommended Conditions of Approval in Attachment B.
Discussion:
The proposed Howell Mountain Cemetery is located on an existing homestead. The project site is approximately +/- 109.3-acres, spanning between 2 parcels, which the applicant had filed for a Lot Line Adjustment (LLA), October 15, 2025. The LLA resulted in APN’s: 018-120-016-000 & 018-120-027-000, now measuring 68.76 acres (018-120-043) and 43.39 (018-120-044 & 018-120-027 Split For Assessment Purposes (SFAP)) acres respectively. The site is located at 1225 Howell Mountain Road, north of Angwin. On January 31, 2020, the applicant submitted a request for a use permit to establish and operate a green cemetery. Napa County Code Section 18.120.010(B)(12) allows cemeteries in any zoning district upon the grant of a permit.
The project shall include the construction of a 509 square foot welcome center with 2 exterior accessible restrooms, demolition of two existing single-story structures, a proposed replacement well, and establishment of trails and interment areas. The center shall be found at the end of the proposed driveway, providing 31 parking stalls along the driveway, 7 parking stalls adjacent to the center, with 1 parking stall meeting ADA accessibility requirements. The trail’s access and signage shall be found at the welcome center, providing 1.5 miles of trails, leading towards eight interment areas totaling 16.19 acres. APN: 018-120-043-000 will serve as the access parcel to the project site and serve as the green conservation cemetery. APN: 018-120-027-000 & 018-120-044-000 (SFAP) will remain undeveloped. An off-site office will be rented in downtown St. Helena to facilitate sales and daily operations of the cemetery while minimizing daily commuter traffic trips to the cemetery itself.
Upon use permit approval from Napa County, the cemetery shall be under the authority of the State of California Department of Consumer Affairs Cemetery and Funeral Bureau (the Bureau). The Bureau requires the proposed cemetery location to be compatible or allowed by the local land authority and requires a copy of the Napa County application for the use permit. Prior to the establishment and operation of the proposed cemetery, the applicant shall apply to the Bureau for a Certificate of Authority to operate the cemetery.
The cemetery is requesting an exception to the Napa County Roads and Streets Standards, and to the Napa County Conservation Regulations, as an integral aspect of the proposed project. The exceptions are subject to the findings in 8-9 and 10-16. Findings 8-9 provide the rationale for foregoing the left turn lane warrant, as doing so would prevent the removal of existing native trees and excessive grading on rocky steep slopes, while remaining consistent with the existing operation and character of Howell Mountain Road or in the vicinity of the project site. Findings 10-16 provide evidence which supports the Exception to the Conservation Regulations, by demonstrating that the establishment of trails and access to the interment areas is not feasible through other alternatives, therefore an exception is warranted for the purpose of preserving the existing environmental landform. The proposed project is subject to the recommended Conditions of Approval in Attachment B. Findings in support of the Mitigated Negative Declaration, Mitigation Reporting Program (MMRP), and the Use Permit have been prepared in Attachment A.
Staff has reviewed the proposed project and supports recommending that the Planning Commission adopt the Mitigated Negative Declaration and the Mitigation, Monitoring and Reporting Program, and approve the Use Permit request as currently drafted in the staff report packet, along with the Exceptions to the Conservation Regulations and the Napa County Roads and Streets Standards.
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: Consideration and possible adoption of a Mitigated Negative Declaration and Mitigation, Monitoring and Reporting Program (MMRP). According to the proposed Mitigated Negative Declaration, the proposed project would not have any potentially significant environmental impacts after implementation of mitigation measures. Mitigation measures are proposed for the following areas: Biological and Tribal Cultural Resources. The project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5.
BACKGROUND AND DISCUSSION
Owner: Eternal Preserve Holdings LLC., 1225 Howell Mountain Road, Angwin, CA 94508.
Applicant: Susan Lapsley
Zoning: Agricultural Watershed (AW)
General Plan Designation: Agricultural Watershed & Open Space (AWOS)
Filed: January 31, 2020
Deemed Complete: August 19, 2025
Property Area: +/- 109.3 Acres
Existing Development: Primary Residence, Accessory Structure, Agricultural Watershed
Proposed Structural Development: Welcome Center with attached exterior restrooms.
Signage: Signage incorporated into automatic gate and natural grave markers allowed.
Adjacent General Plan Designation/Zoning/Land Use:
North: Agriculture, Watershed and Open Space; Agricultural Watershed; Open Space
East: Agriculture, Watershed and Open Space ; Agricultural Watershed; Open Space, Vineyards & Rural Residences
South: Agriculture, Watershed and Open Space ; Agricultural Watershed; Vineyards & Rural Residences
West: Agriculture, Watershed and Open Space ; Agricultural Watershed; Open Space, Vineyards & Rural Residences
Parcel History: Development history on the parcel primarily consists of recently issued permits, dating only as far back as 2014 for a Public Works permit for a Record of Survey for both project parcels that were Split For Assessment Purposes (SFAP). Three other permits were issued to the project parcels from 2015 to 2018, for site improvements such as site evaluation, new well, and a replaced electrical panel. Two Planning Permits in 2017 were reviewed with the intent to explore the idea of a vineyard conversion and a green cemetery with existing structures being an integral part of the project respectively but were not processed further. Following the October 15, 2025, lot line adjustment, parcels 018-120-016-000 & 018-120-027-000, are now 018-120-043-000 and 018-120-044-000 & 018-120-027-000 (SFAP) respectively.
Code Compliance History: There are no active code violations related to the project site.
Discussion Points:
Setting
Howell Mountain Cemetery is proposed to be located on an existing homestead, south of the Town of Angwin. The homestead first appears on historical maps in 1942, and the project site has served as a homestead since. The project site is approximately +/- 109.3 acres, originally split amongst 2 parcels, which was recorded for a Lot Line Adjustment (LLA) on October 15, 2025, resulting in APN’s: 018-120-016-000 & 018-120-027-000, now measuring 68.76 acres (018-120-043) and 43.39 (018-120-044 & 018-120-027 Split For Assessment Purposes (SFAP)) acres, respectively. The local watershed is Maxwell Creek (HUC 12: 180201620203), the regional watershed is Pope Creek (HUC 8: 180201620203), and there are multiple ephemeral streams on the site, which shall be avoided along the project site, meeting the required stream setbacks. The nearest creek is Conn Creek, which is approximately 5,381 feet from the project site, leaving the proposed replacement project well, beyond the required stream setback as described in NCC §18.108.025. There is a known existing spring within 1,500 feet of the proposed replacement well, however due to the proposed use having a decrease in groundwater usage and being located farther from the spring than the existing well, Tier 2 WAA analysis is not required (Interim Napa County Well Permit Standards- January 2024, PPI Engineering, May 2026). The site consists of gently to steeply sloped, ranging from 1,100 to 1,900 feet above sea level, and the underlain by four soil mapping units comprising of forward gravelly loam, 2 to 9 percent slopes, forward gravelly loam, 9 to 30 percent slopes, forward gravelly loam, 30 to 75 percent slopes, and aiken loam, 30 to 50 percent slopes. The project vegetation is comprised of conifer forest, broadleaf forest, and with patches of chaparral, running along the project site.
Biological Resources
On August 2024, WRA conducted a Biological Resources Reconnaissance Survey (BRRS), in order to document the presence or potential for special-status plant and animal species and their habitats, sensitive habitats or communities, federal or State protected wetlands and waters of the U.S., and native wildlife species, wildlife corridors, or native wildlife nursery sites. Biological information for the site was also obtained from the California Department of Fish and Wildlife (CDFW) California Natural Diversity Database (CNDDB) and the California Native Plant Society Electronic Inventory.
Of the 28 special-status plant species that have the potential to occur at the project site, the five (5) following special-status plant species were identified on the project site during reconnaissance surveys: narrow-anthered brodiaea, redwood lily, Cobb Mountain lupine, green monardella, and dark-mouthed triteleia. Two of the special-status plant species identified are located within the proposed development areas of the project. There are approximately 2.94 acres of dark-mouthed triteleia on the project site of which .35 acres would be permanently impacted and then five (5) total individuals out of 71 individuals of Cobb Mountain lupine which would be permanently impacted.
Given the nature of the proposed project, the BRRS concluded that the project was unlikely to pose a significant impact in the immediate and long term to dark-mouthed triteleia, and similarly that Cobb Mountain lupine could be avoided within the proposed interment areas. Considering that interment areas would be developed over time and that special-status species distribution will likely change over time, the BRRS proposes Mitigation Measure BIO-1, which if adopted would require the applicant to conduct periodic surveys of the interment areas to monitor special-status plant populations and require informational materials be provided to the County.
No special-status wildlife species were observed during the survey, however the BRRS acknowledged the potential for eight (8) special-status species to occur within the project site such as, pallid bat, Townsend’s western big-eared bat, fringed myotis, golden eagle, olive-sided flycatcher, purple Martin, blacked chinned sparrow, and the northern spotted owl. While none of these species were observed during the BRRS surveys, given the potential for them to enter the project site area during nesting/breeding seasons and the broad baseline protections for a variety of non-status bird species, Mitigation Measures BIO-2 through BIO-4 are also recommended for adoption.
The project site contains approximately 27.7 acres of California black oak woodland (8.73 acres of which occurs in the proposed development area), 17.45 acres of tanoak forest (6.31 acres of which occurs in the proposed development area), and 64.51 acres of Douglas fir forest (8.81 acres of which occurs in the proposed development area). Of the habitats which occur within the proposed development area, 0.95 acres of oak woodland, 0.64 acres of tanoak forest and 1.26 acres of Douglas fir forest would be permanently impacted. However, none of the tree canopy within the oak woodland or tanoak forest would be removed as project activities in these areas take place entirely on the forest/woodland floor. The construction of the proposed driveway would convert .69 acres of Douglas fir forest by removing 25 Douglas fir trees and two (2) Black oak trees.
Located within an AW zoning district, the project is subject to Napa County Code 18.108.020(C-D), which requires parcels to retain 70% of the vegetation canopy cover as it was configured on June 16, 2016, and to mitigate the removal of any vegetation canopy cover on a 3:1 basis through the permanent replacement or preservation of comparable canopy cover. Additionally, Napa County General Plan Conservation Element Policy CON-24 requires calls for replacement or preservation of impacted oak woodlands at a 2:1 ratio. Considering that only 0.69 acres of Douglas fir forest are intended for conversion from a total of 64.51 acres, the project complies with NCC 18.108.020(C). Mitigation Measure BIO-5 is proposed which would require preservation areas for the 0.69 acres of impacted Douglas fir forest and 0.95 acres of impacted oak woodlands.
The 27 trees proposed for removal are timber species regulated by the California Department of Forestry and Fire Protection (CAL FIRE). The associated trees to be removed in the total impact area for construction of the driveway and welcome center is 0.69 acre. As such, a Registered Professional Forester (Scott Butler, RPF #1851) will be preparing a less-than-3-acre timber conversion exemption for this project.
Phasing & Construction Scheduling
Howell Mountain Cemetery is proposing to carry out the construction in phases. In 2027 the first phase shall consist of site improvements such as driveway improvements, welcome center, installation of the septic system to the proposed replacement well, taking approximately six months to construct between April 1 to October 15. The second phase shall overlap with the first phase, taking place from June 15 to October 15, which includes the buildout of the interment areas and trail systems. Preliminary work including tree removal may begin prior to April 1, 2027, if approval is obtained from Napa County to begin work before April 1.
Interment Areas
The project site shall designate 8 interment areas which have been sited to take advantage of conserving open space. The interment areas shall span a total of 16.19 acres, ranging from 0.18 acres to 7.52 acres. Interment areas shall be used to conduct burials, retain existing vegetation, and have been shaped to avoid steep terrain, stream setbacks and impacts to trees. A Conservation Regulation Exception has been applied for under P25-00293 to allow for minimal grading to otherwise inaccessible interment areas. Pre-interment site preparation for a burial is allowed as needed without a grading permit upon issuance of a cemetery use permit.
Trails
As the cemetery offers trails that are open to the general public, there will be minor grading to establish approximately 1.5 miles of trails which will provide access for pedestrians and operations vehicles to plots within interment areas (TSD Engineering, April 2025). The trails will be improved to eight-feet in width with maximum cross slope of 15%, max longitudinal slope of 28% and 12.5’ vertical clearance, consistent with the County’s standard for Special Purpose Ways. The trails will include signage, benches, and wayfinding features. In some cases, the proposed trails will follow the existing informal trails, and there is no surfacing proposed, with the potential of woodchips being used.
Access Improvements
There are two existing roads providing road/site access on the project site, the existing road to the east of the project shall be converted to a driveway serving as site access and for emergency vehicle access which will have a minimum width of 22 feet (including shoulders) that would extend from Howell Mountain Road into the site and terminate at a turnaround area north of the welcome center. The existing road to the west shall be maintained but not improved to accommodate emergency vehicles per Napa County Roads and Street Standards, and a Knox Lock or similar shall be installed to allow for emergency access.
Transportation & Parking
The proposed driveway and welcome center shall provide 38 total parking stalls. 31 parking stalls shall be located along the driveway, 7 parking stalls adjacent to the center, with 1 parking stall being accessible. There shall also be 8 bicycle parking stalls located near the welcome center.
Since operational and visitor trips associated with the proposed project would be below the 110-trip threshold in the Office of Land Use and Climate Innovation guidelines and the County’s TIS Guidelines and VMT screening criteria, the proposed project would not conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b). Impacts would be less than significant. Additionally, there are no existing pedestrian, bicycle or transit facilities in the project vicinity, the proposed project would not conflict with any policies relevant to these modes and would result in an increase in bicycle parking accessibility at the project site.
An Exception to the Napa County RSS is also requested to forego a Left Turn Lane Warrant, for eastbound traffic on Howell Mountain Road to preserve unique features of the natural environment, minimize the need for grading on steeps slopes, and to still meet the same overall practical effect as the Napa County RSS towards providing defensible space and consideration towards life, safety and public welfare. The Director of the Department of Public Works has reviewed the Left Turn Lane exception analysis and supports the request (Attachment E).
Groundwater
A Tier 1 Water Availability Analysis (WAA) was prepared (RSA+, January 31, 2020) as directed by the County’s Water Availability Analysis (WAA) Guidance Document (May 2015) and the Interim Well Permit Standards (January 2024); the report includes Tier 1 calculations for the existing and proposed water uses on the project site. The existing groundwater usage of the project site is estimated at 0.5 acre-feet per year (AF/yr), resulting in a reduction in groundwater use with the proposed project estimating 0.41 AF/yr. The estimated annual future groundwater demand to the proposed project well is below the estimated average annual recharge volume of 24.52 AF/yr (PPI. Engineering, July 1, 2025). The proposed project would result in a decrease of groundwater use by 0.09 AF/yr and would have no net increase in groundwater usage, through utilization of the existing project well to establish a replacement well, and by locating the proposed replacement well farther from an identified natural spring than the existing well. Additionally, the nearest well is approximately 1,400 feet away and the nearest significant stream is Burton Creek, approximately 6,000 feet away. The absence of interference to nearby existing wells or springs, and the project site being located outside the 1,500 foot buffer to a significant stream, screens the project out of Tier 2 and Tier 3 analysis requirements (PPI Engineering, May 2026).
Welcome Center
The 509 square foot welcome center shall be integrated into the existing setting, slope, and vegetation. The welcome center shall be a single-story structure to match the existing slope, building colors used shall be earth tone, shall be proposed to be located at the end of the driveway on site with exterior access to restrooms, and the project shall require all building and grading permits, prior to any project associated development.
Visitation and Employees
Visitation shall occur when the cemetery is operational, attracting those who are using the burial services and the general public who will be allowed to use the trail system from dawn to dusk daily. In the event where visitors are yet to vacate the property after hours of operation, the automatic gate shall open to allow visitors to exit the property but will remain closed to those trying to access the site outside of hours of operation. The cemetery will employ approximately two people on the property, including a cemetery manager and maintenance/operations staff. A minimum of one person will be on-site during business hours. Business hours at the onsite welcome center will be from dawn till dusk Monday through Friday, with one employee available by appointment on Saturdays and Sundays. There will be one employee working daily at the offsite office building on Main Street, St. Helena, from 9 am to 5 pm Tuesday through Saturday. Tuesdays, Thursdays, and Saturdays are open house days while Wednesdays and Fridays will be site tour days.
Cemeteries
Napa County approved three small family cemeteries in 2010, 2012, and 2025 (P10-00154, P12-00266, and P24-00327), which established between 10 and 16 burial plots per cemetery. The County has no immediate knowledge of the potential for more cemetery requests, and cemeteries are allowed within all zoning districts subject to use permit approval per NCC §18.120.010(B)(12).
The Bureau maintains a rigorous process for applicants to establish a cemetery. The cemetery, as proposed, comes under the authority of the 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. A cemetery manager must be designated by the applicant and included in the Bureau’s application process. The applicant has hired a cemetery manager, Jim Bushey, PPI Engineering, to oversee management of the cemetery and ensure the ongoing protection of public health and safety. The 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 Bureau have been fulfilled, a field representative from the Bureau will conduct an inspection of the cemetery. Final approval is given by the Bureau, and at that point the Certificate of Authority license will be issued.
Archaeological & Cultural Resources
Due to the undeveloped nature of the proposed project parcel, a study was conducted to determine the presence or absence of historical or archaeological resources, and potential impacts, if any, as a result of the proposed project. Within the study, they held a preliminary assessment of the potential significance of identified cultural resources and assessed the cultural resources’ vulnerability to significant impacts that could arise from the proposed project’s activities. Two cabins and a water storage tank were found during the field survey. The study required that if future plans call for the alteration or removal of the cabins, they should be formally evaluated by a qualified archaeologist or architectural historian.
Following up on the preliminary assessment, the identified field survey findings were reviewed in regard to their historical significance. A Historical Evaluation Study (Eileen Barrow & Associates, 2025) evaluated the cabins per criteria for inclusion on the California Register of Historical Resources. After conducting archival research, developing a historical context, and examining the two cabins, the study determined that the structures do not meet criteria for inclusion on the California Register of Historical Resources and no further recommendations were warranted.
An AB 52 consultation was conducted December 16, 2025, and carried out by the Middletown Rancheria on the project site. The proposed project site and its surrounding areas are a site of cultural, historical, and religious significance for the Tribe. The Tribe is aware of and concerned about significant cultural and sacred resources that, while known to the Tribe, might not be properly identified through record and survey searches. On January 23, 2026, the Tribe requested for the mitigation measures the Middletown Rancheria Tibe provided, to be incorporated into the project to ensure preservation or mitigation of impacts to tribal cultural resources.
Public Comments
At the time this staff report was completed no public comments have been received.
Decision Making Options:
Staff is recommending the Planning Commission approve 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 an exception to the Napa County Road and Street Standards, an Exception to the Napa County Conservation Regulations in the form of a Use Permit and a Use Permit to establish a green cemetery. 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) and as conditioned (Attachment B).
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.
Option 4 - Continuance
The Commission may choose to continue the item to a later date at it’s discretion.
Attachments:
A. Recommended Findings
B. Recommended Conditions of Approval
C. Initial Study - Mitigated Negative Declaration
D. Use Permit and Conservation Regulations Exception Application
E. Napa County Roads & Streets Standards Exception Letter
F. Traffic Impact Study
G. Historical Building Evaluation
H. Biological Resources Reconnaissance Survey
I. Water Availability Analysis
J. Stormwater Control Plan
K. Geologic Hazard Report
L. Graphics