San Marcos Municipal Code Ch. 13.08 Cemeteries

(a)

Cemetery means a place used for the permanent interment of dead human bodies or the cremated remains thereof. It may be either a burial park for earth interments, a mausoleum for vault or crypt interments, a columbarium for incinerary interments or a combination of one or more thereof.

(b)

Director of Planning means the Director of Planning and Land Use of the City of San Marcos.

(c)

Planning Division means the Division of Planning and Land Use of the City of San Marcos.

A cemetery shall be deemed to be established and/or maintained and/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 to cemetery purposes under the laws of the State of California, and which on February 24, 1942, was not included within the boundaries of an existing cemetery or for which a permit has not been granted by the City Council; and any person who shall make or cause to be made any interment in or upon any such property, and any person having the right of possession of such property who shall knowingly permit the interment of a dead human body or cremated remains therein or thereupon shall be deemed to have established and/or maintained and/or extended a cemetery within the meaning of the provisions of this chapter.

No person shall establish or maintain any cemetery or extend the boundaries of any existing cemetery at any place within the City without a permit first having been applied for as provided in this chapter and obtained from the City Council; provided; however, that such permit shall be granted unless it shall affirmatively appear on the hearing and be found as a fact by the City Council that the establishment or maintenance of such cemetery in the location proposed would jeopardize or adversely affect the health, safety, comfort or welfare of the public. Nothing in this section shall be construed to prevent the maintenance, development and operation within their present boundaries of cemeteries which were established on February 24, 1942.

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

Any person desiring a permit required by this chapter shall file a written application therefor with the City Planning Commission.

In the event that said City Council shall have denied its approval of any application heretofore or hereafter made for any permit provided for in this chapter, no new or further application 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 application, until the expiration of one year from and after the date of the denial of such approval.

Every application for a permit required by this chapter shall be signed by the President and Secretary of the corporation which will be in charge of the operation of said cemetery and the owner or owners of the land to be included therein, shall be verified as provided in the Code of Civil Procedure of the State of California for the verification of pleadings in civil actions and shall set forth in separate paragraphs or in exhibits attached thereto the following information:

(a)

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

(b)

The names and addresses of all 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 1-1/2 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. Said map shall also show the location and names of all public streets located within a distance of 1-1/2 miles from the exterior boundaries of said premises, and if no public streets are located within said distance then said map shall show the location and at least one-half mile of the extent of the three public streets having a length of at least one-half mile which are located nearest to said premises. Said map shall further show the elevation in feet above sea level of the highest and lowest points on 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 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 becoming a public nuisance.

(e)

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

Notwithstanding the provisions of Section 13.08.070, where a public cemetery district formed pursuant to Part 2 of Division 8 of the California Health and Safety Code proposed to extend an existing cemetery, the application for the permit required by this chapter shall be signed by an officer of the district and shall set forth the following information:

(a)

The name and business address of the district;

(b)

A legal description of the land included within the extension;

(c)

A map showing: (1) the location of the exterior boundaries of the existing cemetery and the boundaries of the proposed extension; (2) the location of all buildings, whether public or private, within 300 feet of the exterior boundaries of said extension or addition and the location and depth of all wells within said 300 feet;

(d)

Such other information as the Director of Planning may require.

In addition to the notice of hearing specified in Section 13.08.100, and in lieu of the notice specified in Section 13.08.110, notice of the hearing may be given by mail in the manner prescribed for the giving of notice of hearing on an application for special use permit pursuant to Title 20 herein.

At the time of filing any application required by this chapter, the applicant shall pay to the City through the Planning Division a permit fee of $200.00. He shall also deposit with the City through the Planning Department the sum of $200.00 to defray the expense of publication of notice required by Section 13.08.100. Any portion of said deposit not so used shall be returned to the applicant, but in the event that the amount of the deposit shall be insufficient to defray all of said expenses, applicant shall immediately deposit an additional sum sufficient to defray all of said expenses. Should any applicant fail or refuse within five days after written notice from the said Director of Planning to make such additional deposit, the Director of Planning shall remove said application from the calendar of said Commission, and before any further proceedings may be had with reference to the premises described therein a new deposit shall be made.

The Planning Commission shall fix the time and place for public hearing on said application which shall not be less than 30 days nor more than 60 days from the date on which said application is filed. The Director of Planning shall cause a copy of the notice of hearing on such application to be published in a newspaper of general circulation in the City. Such publication, if made in a daily newspaper, shall be for a period of not less than ten consecutive publications of said paper immediately preceding the date of hearing, and if made in a weekly newspaper shall be for a period of not less than three consecutive publications of said paper immediately preceding the date of said hearing.

Not less than 20 days before the date fixed for said hearing, the applicant shall cause notices of said hearing to be printed and conspicuously posted along the exterior boundary line of said proposed cemetery, or extension of said existing cemetery, not more than 300 feet apart, and at each change of direction of said boundary line, and also in the same manner along both sides of all public streets

within 1-1/2 miles of the exterior boundaries of the proposed cemetery, in such manner as would reasonably give notice to passers-by of the matters contained in said notice. The form of said notice shall be prescribed by the Director of Planning and shall contain a copy of the notice of hearing on said application, a sketch showing the boundaries of said cemetery or extension of an existing cemetery and all public highways within a distance of 1-1/2 miles from the exterior boundaries of such proposed cemetery, or extension of an existing cemetery, together with a statement which shall appear in a minimum of one inch black-faced letters as follows: "NOTICE OF PROPOSAL TO ESTABLISH CEMETERY". Where there are 50 or more buildings used either for residential or business purposes within a distance of 1-1/2 miles from the exterior boundaries of said proposed cemetery or extension of an existing cemetery, the applicant shall cause a postcard notice of said hearing to be printed and mailed to all property owners within said distance at least 15 days prior to said hearing, using for this purpose the last known name and address of such owners as are shown by the records of the County Assessor; provided, however, that where a public cemetery district formed pursuant to the provisions of Division 8 of Part 4 of the California Health and Safety Code proposes to extend an existing cemetery such postcard notice is not required to be given. The form of said postcard notice shall be as prescribed by the Director of Planning.

At least five days prior to said hearing, the applicant shall file with the Director of Planning an affidavit that such notices were mailed, if required, and posted as prescribed by this section. Said affidavit of mailing such notices, if required, shall include a list of the property owners and their addresses as shown by the records of the County Assessor to which such notices were mailed.

At the time and place fixed for the hearing on any application for a permit required by this chapter, the County Planning Commission shall hear the same and any protest or evidence relevant thereto, and upon such application, evidence, and protest, if any, shall determine whether or not the establishment or maintenance of such proposed cemetery or extension of an existing cemetery will or may jeopardize or adversely affect the public health, safety, comfort or welfare and whether or not the establishment or maintenance thereof will or may reasonably be expected to constitute a public nuisance. Upon such hearing said Commission shall have power to consider the present or probably density of population in the area contiguous to said proposed cemetery or extension of an existing cemetery and if said Commission shall find that the locality is or will be in all probability thickly settled within a period of five years, it may recommend to the City Council a denial of a permit therefor. The Planning Commission shall also have power to consider the probable effect that the establishment or maintenance of said cemetery or extension of an existing cemetery would be likely to endanger the public health, it may recommend to the City Council a denial of a permit therefor. The Planning Commission shall also have power to consider the effect of the location of said proposed cemetery or extension of an existing cemetery on the free movement of traffic and whether or not it would tend to interfere with the proper protection of the public through interference with the movement of police, ambulance, or fire equipment, and if, in its opinion, the establishment or maintenance of said proposed cemetery or extension of an existing cemetery would interfere with the convenience of the public or protection of the lives and property of the public, it may recommend to the City Council a denial of a permit therefor. The Planning Commission shall also have power to consider whether or not through the proposed perpetual care fund or otherwise applicant can demonstrate adequate financial ability to establish and maintain said proposed cemetery in such manner as to prevent the proposed cemetery from becoming a public nuisance.

After such public hearing, said Commission shall report to the City Council its findings as to whether the establishment, maintenance or extension of said cemetery will be a menace to or endanger the public health, safety or general welfare. The Commission shall also recommend the granting or denial of such permit. In either case, such recommendation shall be accompanied by a transcript of the testimony received at such public hearing. Upon receiving such report and transcript, the City Council shall determine whether the establishment, maintenance or extension of such cemetery will or will not be a menace to or endanger the public health, safety or general welfare, and shall grant or deny said permit accordingly.

The City Council shall have the power to continue its consideration of said application and record of hearing before the Planning Commission from time to time and before taking final action thereon may require of the applicant any reasonable dedication of public streets or highways through the premises proposed to be used for said 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 said City Council for compliance with said conditions shall elapse without said conditions having been met, said City Council Board of Supervisors may deny the permit, and said Council may grant the permit subject to such reasonable conditions and limitations as it shall deem reasonable and necessary or advisable to protect the public health, safety and welfare of the neighborhood.