32-92 CEMETERIES. [ ]

• For the statutory provisions regarding cemeteries, see Health & Safety Code §§7000 ff, 8100 ff and 8890 ff; for the provisions regarding the operation of private cemeteries, see Business and Professional Code §9600 ff; and for provisions regarding public cemeteries, see Government Code §37681 ff.

a. Permit Required. No person shall dedicate, establish or maintain any cemetery, as defined in Section 32-2, 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 section.

b. Permit Granted to Existing Cemeteries.

1. Cemeteries: Any premises which on March 18, 1961, are dedicated and established as a cemetery are granted a permit for the purposes of paragraphs a and b. of this subsection.

2. 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 paragraph b. of subsection 32-92.3 are granted a permit for such building and structures for the uses established on that date.

c. Permit Authorized in Only Certain Land Use Districts. 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 Article V and Article VI, except that no application shall be accepted or permit granted for premises located in R-B, C, and L-I districts.

d. Permit Assignment. 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.

a. Information Requirements.

1. Any person desiring to obtain issuance of a permit required by this section shall file a written application with the Planning Commission, which shall administer this section.

2. 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:

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

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

(c) 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 (1/2) mile from the property; the elevation in feet above sea level of the highest and lowest points on the property;

(d) 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.

(e) 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.

3. If the application is only submitted for authorization of permitted uses under paragraph b. of subsection 32-92.3, information required by subparagraphs 4 and 5 need not be submitted.

4. 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 (10) days' notice by mail of any hearing on the application shall be given to the Secretary of the State Cemetery Board of California.

• b. Action by Board of Adjustment or Town Council.

1. In granting any permit, the Board of Adjustment, or, on appeal, the Town Council 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 Town Council 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.

2. A permit shall be denied if the Board of Adjustment or, on appeal. the Town Council finds that:

(a) 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

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

(c) 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

(d) 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

(e) The proposed cemetery is not consistent with the General Plan of the Town or the orderly development and growth of the Town.

3. Before taking final action, the Board of Adjustment or, on appeal, the Town Council 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 Town Council for compliance with these conditions elapses before these conditions are met, the Board of Adjustment or Town Council may deny the permit.

c. Renewal of Application. If the Board of Adjustment or the Town Council denies its approval of any application heretofore or hereafter made for any permit required by this section, 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 (1) year after the date of the denial or approval.

a. Incidental Uses. T he 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.

b. Uses Permittable. In addition to the uses included within the definition of "cemetery" contained in Article III, land use permits may be granted, at the time of initial application or by subsequent application, pursuant to the provisions of Section 30-4 for the following uses:

1. Crematory of calcinatory;

2. Sale of markers;

3. Sale of caskets;

4. Sale of flowers or decorations;

5. Manufacture and sale of liners and/or vaults.