§ 22.154

A.

General Applicability. A person shall not establish or maintain any cemetery or extend the boundaries of any existing cemetery at any place within the unincorporated area of the County without a permit first having been applied for and obtained from the Commission. This Chapter does not prevent the maintenance, development, and operation within their present boundaries of cemeteries which were legally established on February 19, 1937, the date this Chapter took effect.

B.

Cemetery Deemed Established When.

1.

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 on February 19, 1937, the date this Chapter took effect, was not included within the boundaries of a legally existing cemetery.

2.

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 22.

C.

Permit Assignment and Use Limitations. 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. 2019-0004 § 1, 2019.)

22.154.020 - Application and Review Procedures.

A.

Application Checklist. The application submittal shall contain all of the materials required by the Cemetery Permit Checklist.

B.

Additional Application Materials. In addition to Subsection A, above, the following application materials shall be required:

1.

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

2.

A map showing the exact location, exterior boundaries and legal description of the property which it is proposed to be used for a cemetery and the location of all buildings, whether public or private, located within a distance of 500 feet from the exterior boundaries of the subject parcel of land 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 roads located within a distance of 500 feet from the exterior boundaries of said parcel. The map shall further show the elevation in feet above sea level or the highest and lowest points in said premises, and the width, depth and location of all natural watercourses and artificial drains or conduits for the drainage of stormwater located upon said parcel and within 2,000 feet from the exterior boundary thereof in any direction;

3.

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; and

4.

A statement setting forth whether said cemetery is to be established as a perpetual-care or nonperpetualcare 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.

C.

Type III Review. The application shall be filed and processed in compliance with Chapter 22.230 (Type III Review—Discretionary) and this Chapter.

(Ord. 2019-0004 § 1, 2019.)

22.154.030 - Findings and Decision.

A.

Common Procedures. Findings and decision shall be made in compliance with Section 22.230.050 (Findings and Decision) and include the findings in Subsection B, below.

B.

Findings.

1.

The establishment or maintenance of the proposed cemetery or the extension of an existing cemetery will not or may not jeopardize nor adversely affect the public health, safety, comfort, or welfare.

2.

Such establishment, maintenance, or extension will not or may not reasonably be expected to be a public nuisance.

3.

Such establishment, maintenance, or extension will not 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 property of the public.

4.

The applicant, through the proposed perpetual-care fund or otherwise, demonstrates adequate financial ability to establish and maintain the proposed cemetery so as to prevent the proposed cemetery from becoming a public nuisance.

(Ord. 2019-0004 § 1, 2019.)

Prior to taking final action, the Board, Commission or Hearing Officer 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. If the time required by the Board, Commission or Hearing Officer for

compliance with such conditions shall elapse without such conditions having been met, the Board, Commission or Hearing Officer may deny the permit.

(Ord. 2019-0004 § 1, 2019.)

22.154.050 - Reduction in Boundaries.

A.

Cemetery Permit. A Cemetery Permit application pursuant to this Chapter shall be required to reduce the boundary of an existing cemetery never used.

B.

Additional Application and Review Procedures.

1.

Application Materials. Notwithstanding Section 22.154.020 (Application and Review Procedures), Section 22.154.020.B (Additional Application Materials) shall not be required as part of this application.

2.

Notification Radius. Notwithstanding Section 22.222.160.A (Standard Radius), the Director shall mail notice to all owners of property located within a 700-foot radius of the exterior boundaries of the subject property, as shown on the County's last equalized assessment roll, unless a wider notification radius is required by Section 22.222.160.B (Additional Radius).

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.158 - CONDITIONAL USE PERMITS