Contra Costa County Municipal Code Ch. 88-2 Cemeteries

No person shall dedicate, establish or maintain any cemetery, as defined in Section 82-4.218, or extend the boundaries of any existing cemetery at any place within the unincorporated territory of the county without first obtaining a permit as specified in this chapter.

(Ord. 1513: prior code § 8315).

(a) Cemeteries: Any premises which on March 18, 1961, are dedicated and established as a cemetery are granted a permit for the purposes of Sections 88-2.202 and 88-2.204.

(b) Other Authorized Uses: Any premises which on March 18, 1961, are dedicated and established as a cemetery and on which any building or structure has been erected for the uses specified in Section 88-2.604 are granted a permit for such building and structures for the uses established on that date.

(Ord. 1513: prior code § 8316).

An application may be made and a land use permit may be granted for the establishment of a cemetery in land use districts established by Division 84, except that no application shall be accepted or permit granted for premises located in A-O, N-B, R-B, C, C-M, L-I, and H-I districts.

(Ord. 1513: prior code § 8319).

No permit shall be assignable before the actual establishment of the cemetery or extension of an existing cemetery, nor shall the permit be used by any person other than the applicant or applicants in the establishment of a cemetery or extension of an existing cemetery.

(Ord. 1513: prior code § 8323).

Article 88-2.4. Applications

(a) Any person desiring to obtain issuance of a permit required by this chapter shall file a written application with the planning commission, which shall administer this chapter.

(b) The president and the secretary of the corporation which will operate the proposed cemetery and the owner or owners of the land to be included in the cemetery shall sign and verify the written application for a permit. The application, in addition to any other matter required by the planning commission, shall set forth in separate paragraphs or in attached exhibits the following information:

(1) The names and addresses of all persons owning any part of the property proposed to be used as a cemetery;

(2) The names and addresses of the officers and directors of the corporation which will operate the cemetery;

(3) A map showing the exact location, exterior boundaries, and legal description of the property proposed to be used as a cemetery; the location and names of all public roads located within one-half mile from the property; the elevation in feet above sea level of the highest and lowest points on the property;

(4) A financial statement of applicant showing the financial ability of applicant to establish, care for, and maintain the proposed cemetery in a manner to prevent it from being or becoming a public nuisance;

(5) A statement setting forth whether the cemetery is to be established as an endowment-care or nonendowment-care cemetery and, if an endowment-care fund is to be or has been created, the amount then on hand and the method, scheme, or plan of continuing and adding to the fund in details sufficient to show that the cemetery will be maintained so as not to become a public nuisance.

(c) If the application is only submitted for authorization of permitted uses under Section 88-2.604, information required by subdivisions (4) and (5) need not be submitted.

(d) In addition to the notice required by applicable county ordinances governing the procedure for the granting of permits required by this chapter, at least ten days' notice by mail of any hearing on the application shall be given to the Secretary of the State Cemetery Board of California.

(Ord. 1513: prior code § 8320).

(a) In granting any permit, the board of adjustment, or, on appeal, the board of supervisors shall review the location, design, and layout of the proposed cemetery and may condition the permit on requirements as to design, location, layout screening, and design of entrances and exits as the board of adjustment or the board of supervisors finds reasonably necessary to protect the health, safety, and welfare of the people of the county and to protect property values and the orderly and economic development of land in the neighborhood.

(b) A permit shall be denied if the board of adjustment or, on appeal, the board of supervisors finds that:

(1) The establishment or maintenance of the proposed cemetery or the extension of an existing cemetery will or may jeopardize or adversely affect the public health, safety, comfort, or welfare; or

(2) The establishment, maintenance, or extension will or may reasonably be expected to be a public nuisance; or

(3) The establishment, maintenance, or extension will tend to interfere with the free movement of traffic or with the proper protection of the public through interference with the movement of police, ambulance, or fire equipment and thus interfere with the convenience of the public or the protection of the lives and the property of the public; or

(4) The applicant, through the proposed endowment fund or otherwise, cannot demonstrate adequate financial ability to establish or maintain the proposed cemetery so as to prevent the proposed cemetery from becoming a public nuisance; or

(5) The proposed cemetery is not consistent with the general plan of the county or the orderly development and growth of the county.

(c) Before taking final action, the board of adjustment or, on appeal, the board of supervisors may require of the applicant or applicants any reasonable dedication of public streets or highways through the premises proposed to be used for the cemetery or extension of an existing cemetery, so as to prevent the cemetery from jeopardizing the public safety, comfort, or welfare. If the time required by the board of adjustment or board of supervisors for compliance with these conditions elapses before these conditions are met, the board of adjustment or board of supervisors may deny the permit.

(Ord. 1513: prior code § 8321).

If the board of adjustment or the board of supervisors denies its approval of any application heretofore or hereafter made for any permit required by this chapter, no new or further application for a permit shall be made on the same property or any part of it, as described in the previous application, until one year after the date of the denial or approval.

(Ord. 1513: prior code § 8322).

Article 88-2.6. Uses

The following uses of the premises are authorized as incidental uses in connection with the operation and maintenance of a cemetery:

(1) An office building for administration of cemetery affairs;

(2) Maintenance sheds or buildings for storage of equipment and supplies used in connection with the maintenance and operation of the cemetery grounds;

(3) Greenhouse for the propagation of plants used in connection with maintenance of the cemetery grounds;

(4) Caretaker's residence.

(Ord. 1513: prior code § 8317).

In addition to the uses included within the definition of "cemetery" contained in Section 82-4.218, land use permits may be granted, at the time of initial application or by subsequent application, pursuant to the provisions of Sections 26-2.1602 and 26-2.208 for the following uses:

(1) Crematory of calcinatory;

(2) Mortuary;

(3) Sale of markers;

(4) Sale of caskets;

(5) Sale of flowers or decorations;

(6) Manufacture and sale of liners and/or vaults.

(Ord. 1513: prior code § 8318).