Lancaster Municipal Code Art. VI Cemetery (Ce) Zone

The purpose and intent of the Cemetery (Ce) zone is to implement the cemetery requirements as set forth in the Lancaster Municipal Code. As used in this title, "cemetery" means a place for the permanent interment of dead human bodies or the cremated remains thereof, including a crematory. It may be either a burial park for earth interments, a mausoleum for vault or crypt interments, a columbarium for cinerary interments, or a combination of one or more thereof. Properties designated with the Cemetery zone shall conform to the requirements of Section 17.20.430 through 17.20.570.

(Ord. No. 947, § 1, 7-13-2010)

The following uses may be permitted provided the specified permit has first been obtained, and while such permit is in full force and effect in conformity with the conditions of such permit for:

A. Cemeteries, including columbariums, crematoriums and mausoleums, as provided in Sections 17.20.430 through 17.20.570.

(Ord. No. 947, § 1, 7-13-2010)

A. A cemetery shall be deemed to be established or maintained or extended where the interment of one or more dead human bodies or cremated remains is made in or upon any property, whether or not the same has been duly and regularly dedicated for cemetery purposes under the laws of the state of California, and which at the date this article takes effect was not included within the boundaries of a legally existing cemetery.

B. Any person who makes or causes to be made any interment in or upon such property, and any person having the right of possession of any such property who knowingly permits the interment of a dead body or cremated remains therein or thereupon shall be deemed to have established, or maintained, or extended a cemetery within the meaning of the provisions of this title.

(Ord. No. 947, § 1, 7-13-2010)

A person shall not establish or maintain any cemetery or extend the boundaries of any existing cemetery at any place within the unincorporated territory of the county of Los Angeles without a permit first having been applied for and obtained from the commission. This section does not prevent the maintenance, development and operation within their present boundaries of cemeteries which were legally established on the date this article takes effect.

(Ord. No. 947, § 1, 7-13-2010)

Any person desiring to obtain a permit required by this article shall file a written application therefore with the director.

(Ord. No. 947, § 1, 7-13-2010)

The president and secretary of the corporation which will be in charge of the operation of the proposed cemetery and the owner of the land to be included therein shall sign the application for a permit required by this article. Such persons shall also verify the application as provided by the Code of Civil Procedure of the state of California for the verification of pleadings in civil actions.

(Ord. No. 947, § 1, 7-13-2010)

An application for a permit required by this article shall set forth in separate paragraphs or in exhibits attached thereto the following information:

A. A list certified to be correct by affidavit or by statement under penalty of perjury pursuant to Section 2015.5. of the Code of Civil Procedure of names and addresses of:

1. All persons owning any part of the property proposed to be used as a cemetery, and

2. All persons owning property within a distance of 1½ miles of said proposed cemetery or extension of an existing cemetery where there are 50 or more buildings used either for residence or business within such distance as shown on the latest available assessment roll of the county of Los Angeles;

B. The names and addresses of the officers and directors of the corporation which will be in charge of the operation of the cemetery;

C. A map showing the exact location, exterior boundaries and legal description of the property which it is proposed to use for a cemetery and the location of all buildings, whether public or private, located within a distance of 1½ miles from the exterior boundaries of said premises, and the location and depth of all wells in said area from which domestic or irrigating water is obtained. The map shall also show the location and names of all public highways located within a distance of 1½ miles from the exterior boundaries of the said premises, and if no public highways are located within said distance then said map shall show the location and at least ½ mile of the extent of the 3 public highways having a length of at least ½ mile which are located nearest to said premises. The map shall further show the elevation in feet above sea level of the highest and lowest points in the said premises and the width, depth and location of all natural watercourses and artificial drains or conduits for the drainage of storm water located upon the said premises or within 2,000 feet from the exterior boundary thereof in any direction;

D. A financial statement of applicant showing the financial ability of applicant to establish, care for, and maintain the proposed cemetery in such a manner as to prevent the same from being a public nuisance;

E. A statement setting forth whether the said cemetery is to be established as a perpetual care or nonperpetual care cemetery, and if a perpetual 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 same in full details sufficient to show that said cemetery will be maintained so as not to become a public nuisance.

(Ord. No. 947, § 1, 7-13-2010)

When an application is filed it shall be accompanied by the filing fee required by resolution of the city council.

(Ord. No. 947, § 1, 7-13-2010)

The commission shall hold 2 public hearings on an application for a cemetery permit. The first such hearing shall be held within 60 days from the date the application is filed.

(Ord. No. 947, § 1, 7-13-2010)

Not less than 20 days prior to the date of a hearing on an application for a cemetery permit, the director shall:

A. Cause a copy of such notice to be published in a newspaper of general circulation in the county of Los Angeles, the first such publication appearing at least 20 days prior to the date of hearing as follows:

1. Ten publications within such period if in a daily newspaper, or

2. Three publications if in a weekly newspaper;

B. Cause notices of said hearing to be posted conspicuously along the exterior boundary line of said proposed cemetery, or extension of an existing cemetery, not more than 300 feet apart and at each change of direction of the said boundary line, and also in the same manner along both sides of all public highways within 1½ miles of such exterior boundaries, and in such manner as will reasonably give notice to passersby of the matters contained in such notice. The notices referred to in this subsection shall contain a copy of the notice of hearing, a rough sketch showing the boundaries of the proposed cemetery or extension of an existing cemetery, and all public highways within a distance of 1½ miles of such exterior boundaries and a statement in black face letters not less than one inch high: "NOTICE OF PROPOSAL TO ESTABLISH CEMETERY";

C. Where there are 50 or more buildings used either for residence or business purposes within a distance of 1½ miles from such exterior boundaries of said proposed cemetery or extension of an existing cemetery, he shall cause a notice of the said hearing to be mailed by first class mail, postage prepaid, to all persons whose names and addresses appear on the verified lists of property owners required to be submitted by the applicant.

(Ord. No. 947, § 1, 7-13-2010)

A permit may be denied if it is found 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. Such establishment, maintenance or extension will or may reasonably be expected to be a public nuisance; or

C. Such 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 lives and property of the public; or

D. That the applicant through the proposed perpetual care fund or otherwise cannot demonstrate adequate financial ability to establish and maintain the proposed cemetery so as to prevent the proposed cemetery from becoming a public nuisance.

(Ord. No. 947, § 1, 7-13-2010)

Before taking final action either the commission or the city council may require of the applicant any reasonable dedication of public streets or highways through the premises proposed to be used for the proposed cemetery or extension of an existing cemetery so as to prevent the same from jeopardizing the public safety, comfort or welfare, and if the time required by the commission or the city council for compliance with such conditions having been met, the commission or the city council may deny the permit.

(Ord. No. 947, § 1, 7-13-2010; Ord. No. 1130, § 4(Exh. A), 5-27-2025)

In the event that the commission or the city council shall have denied its approval of any application heretofore or hereafter made for any permit provided for herein no new or further applications for any such permit shall be made to establish or extend a cemetery upon the same premises, or any portion thereof, as described in such previous applications, until the expiration of one year from and after the date of the denial of such approval.

(Ord. No. 947, § 1, 7-13-2010; Ord. No. 1130, § 4(Exh. A), 5-27-2025)

No permit granted as a result of any such application shall be assignable prior to the actual establishment of such cemetery or extension of any existing cemetery, nor shall such permit be used by any other person than applicant in the establishment of such cemetery or extension of an existing cemetery.

(Ord. No. 947, § 1, 7-13-2010)

Where an application is filed requesting a cemetery permit for the expansion of the boundaries of an existing cemetery and the area of such proposed expansion: (1) will not exceed the lesser of 10 percent of the area of the existing cemetery, or 5 acres; and (2) was owned by the cemetery association at the time the existing cemetery was established; and (3) will not extend beyond natural or constructed barriers such as streets and highways, watercourses, drainage channels, and ravines; and (4) no previous expansion has been approved for the existing cemetery utilizing the modified application and notification requirements of this section, the applicant may:

A. Substitute a distance of 700 feet in lieu of the 1½ mile distance for the certified list of names and addresses required to be submitted by subsection A.2. of Section 17.32.460; and

B. Substitute a distance of 700 feet in lieu of the 1½ mile distance for maps required by subsection C of Section 17.32.460; and

C. Substitute a distance of 700 feet in lieu of the 1½ mile distance for posting notices of hearing along public highways as required by subsection B of Section 17.32.490; and

D. Where there are 50 or more buildings used either for residence or business purposes within a distance of 1½ miles from such exterior boundaries of said proposed expansion, the applicant shall cause a notice of the said hearing to be mailed by first class mail postage prepaid, to all persons whose names and addresses appear on the verified lists of owners of property within 700 feet of such expansion, which list is required to be submitted by the applicant.

(Ord. No. 947, § 1, 7-13-2010)

Where an application is filed requesting a cemetery permit for a reduction in boundaries of an existing cemetery never used the applicant may:

A. Substitute a distance of 700 feet for filing and application requirements as provided in the case of minor expansions by subsections A, B, C, and D of Section 17.20.560; and

B. Delete the information required by subsections D and E of Section 17.20.480.

(Ord. No. 947, § 1, 7-13-2010)