Richmond Municipal Code Ch. 7.20 Cemeteries

The city council hereby declares that the disposal of human remains is affected by the public interest. Such business is useful and a necessary occupation and not inimical to the economic life and welfare of the city. At the same time such business may, when improperly conducted and when improperly located, be deleterious to the orderly development, growth and welfare of the City. A regulation of cemeteries, as contained in the general State laws, does not wholly meet the public need for regulation of location and layout of cemeteries with respect to other uses of land in the vicinity. The public interest and the protection of the public health, safety and welfare, the conservation of property values and the encouragement of the orderly development of the City require that such occupation be regulated.

(a) CEMETERY means any one or a combination of more than one of the following in a place used or intended to be used for cemetery purposes:

(1) A burial park for earth interments.

(2) A mausoleum for crypt or vault interments.

(3) A crematory or crematory and columbarium for cinerary interments.

(b) 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.

(c) Any person who makes or causes or permits to be made any interment in or upon any property shall be deemed to have established or maintained or extended a cemetery within the meaning of the provisions of this chapter.

A person shall not establish or maintain or extend the boundaries of a cemetery at any place within the City of Richmond without a permit first having been applied for and obtained as hereinafter specified.

Nothing herein shall be construed as relieving any applicant from complying with other regulations of the City of Richmond or the Health and Safety Code of the State of California.

Any premises which are dedicated and established as a cemetery or upon which any columbarium has been erected and established, and which are included in any area annexed to the City after May 20, 1957, are granted a permit for the purposes of this section. Provided, however, that except as herein contained, cemeteries not yet established shall, before establishing such cemeteries, obtain a permit as hereinafter required.

Any person desiring to obtain issuance of a permit required by this chapter shall file a written application therefor with the City Planning Commission which is hereby designated as the administrative agency for the purpose of administering this chapter.

The president and the secretary, or other officers of the corporation which will be in charge of the operation of the proposed cemetery and the owner or owners of the land to be included therein, shall sign and verify such written application for said permit. Such application, in addition to any other matter required by the City Planning Commission, shall set forth in separate paragraphs or in exhibits attached thereto the following information:

(a) The names and addresses of all persons owning all or any part of the property which it is proposed to use as a cemetery.

(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 Physical Data Map which shall consist of the following two maps and pertinent supplementary notes or written data:

(1) A map of existing conditions containing the following information about the proposed cemetery or the proposed cemetery extension:

a. Sufficient data to define the location and boundaries of the site;

b. The locations, names and existing widths of adjacent streets, highways and ways within one-half mile from said property;

c. The location of existing utilities, sewers, drainage ditches and other drainage facilities located on or adjacent to the site;

d. The location and dimension of all known existing easements and reserves;

e. Approximate boundaries of areas subject to storm water overflow and the location, width and direction of flow of all water courses;

f. Topography with contours such that

1. contour intervals of one foot or less shall be used where the ground slope is three per cent or less,

2. contour intervals of five feet or less shall be used where ground slopes exceed three per cent.

g. Approximate location of all trees and tree masses, 12 feet or more in height, standing within the boundaries of the site, also the approximate diameter of such trees at a height of 30 inches above grade;

h. Date, north arrow, scale and reference to the Richmond City Datum;

i. Key map location; the site in relation to surrounding areas;

j. All maps bearing data described in items a., c., d., e., f. and h. of this subsection (1) must bear the signature of a licensed land surveyor or a registered civil engineer.

(2) A Proposed Development Map containing the following information about the proposed cemetery or proposed cemetery extension:

a. The grading and topography proposed with contours such that:

1. contour intervals of one foot or less shall be used where the ground slope is three per cent or less,

2. contour intervals of five feet or less shall be used where ground slopes exceed three per cent.

b. The circulation system on the site and its connection with the system off the site, incorporating any pedestrian paths, streets or ways.

c. Typical sections of proposed streets and paths;

d. The location of proposed buildings and tree masses including existing masses to be retained;

e. Provision for sewerage and sewage disposal;

f. Plan and easements for drainage and for handling storm water.

(d) A financial statement of the 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 or becoming a public nuisance.

(e) A statement setting forth the amount of the endowment-care fund, or other plan for care, 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.

(f) Maps comprising part of an application for a permit shall not be greater than 42 inches in width and shall be in scale large enough to show clearly all details thereof. In no case shall the scale be less than one inch equals 100 feet.

At the time of filing such application the applicant shall pay to the City of Richmond (at the office of the Planning Department) a filing fee of $200.00.

Upon the filing of such application the matter shall be set for hearing before the City Planning Commission. Notice of the time, place and purpose of such hearings shall be given by at least two publications on consecutive days in a newspaper of general circulation in the City, designated for that purpose by the City Council, and not less than ten days prior to the date of hearing. The Commission may cause a similar notice, or notices, to be posted upon or about the site of the proposed cemetery. The Commission shall in addition furnish at least ten days notice by mail of any hearings upon such application to the Secretary of the State Cemetery Board of the State of California.

In granting any permit, upon receipt of the recommendations of agencies to which it may have referred the Development Plan for review, the City Planning Commission or, on appeal, the City Council, shall review the location, design and layout of the proposed cemetery and may condition such permit upon requirements as to design, location, layout, screening, design of entrances and exits as the Commission or the Council finds are reasonably necessary to protect property values and the orderly and economic development of land in the neighborhood.

A permit shall be denied if it is found by the City Planning Commission or, on appeal, the City Council 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) Such establishment, maintenance or extension will or may reasonably be expected to be a public nuisance, or

(3) 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 interference 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 and maintain the proposed cemetery so as to prevent the proposed cemetery from becoming a public nuisance.

(5) The proposed cemetery is not consistent with the Richmond General Plan and the orderly development and growth of the City.

Before taking final action, the Planning Commission, or on appeal the City Council, may require of the applicant or applicants any reasonable dedication of public streets, easements, or highways through the premises proposed to be used for the cemetery or cemetery extension and may specify any reasonable site improvements so as to prevent the proposed cemetery or cemetery extension from jeopardizing the public safety, comfort or welfare, and if the time required by the Commission or City Council for compliance with such conditions shall elapse without such conditions having been met, the City Planning Commission or City Council may deny the permit.

In the event that the City Planning 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 application for any such permit shall be made to establish or extend a cemetery upon the same property or any portion thereof, as described in such previous application until the expiration of one year from and after the date of such denial or such approval.

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

Any violation of this chapter is hereby declared to be a public nuisance, and the City Attorney shall, when directed by the Council of the City of Richmond, commence such action or proceedings as may be necessary and convenient to abate the same.

(Source: Ordinance No. 1551)