Chapter 13.12
CEMETERIES
Sections:
13.12.030 Cemetery deemed established.
13.12.040 Permit – Nontransferable.
13.12.050 Permit – Application data and maps required.
13.12.060 New applications after denial.
13.12.070 Public cemetery districts – Application for extension.
13.12.100 Application – Investigation and report.
13.12.110 Conditional use permit – City Council action.
13.12.120 Conditional use permit – City Council findings.
13.12.130 Conditional use permit – Annual review.
13.12.010 Purpose.
The City Council may grant a conditional use permit for the establishment or maintenance of any cemetery or extension of the boundaries of any existing cemetery within the City provided that findings can be made that such cemetery in the proposed location shall not jeopardize or adversely affect the health, safety, comfort or welfare of the public. No person shall establish or maintain any cemetery or extend the boundaries of any existing cemetery within the City without having obtained a conditional use permit. Nothing in this section shall be construed to prevent the maintenance, development and operation within their present boundaries of established cemeteries. For the purpose of this chapter, “cemetery” and “pet cemetery” may be used interchangeably. As such, rules and regulations pertaining to “cemeteries” shall also apply to “pet cemeteries.” (Ord. 346, 1991)
13.12.020 Definitions.
“Cemetery” means a place used for the permanent interment of human remains, or pets, or the cremated remains thereof. “Pet cemetery” means a place used for the permanent interment of small animal remains, as defined by the City Code, or the cremated remains thereof. “Cemetery” or “pet cemetery” may be either a burial park for interments, a mausoleum for vault or crypt interments, a columbarium for cinerary interments or a combination of two or more thereof. (Ord. 346, 1991)
13.12.030 Cemetery deemed established.
A cemetery shall be deemed to be established and/or maintained and/or extended where the interment of one or more human remains 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; and any person who shall make or cause to be made any interment in or upon any such property who shall knowingly permit the interment of a human remains 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. (Ord. 346, 1991)
13.12.040 Permit – Nontransferable.
No conditional use 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. (Ord. 346, 1991)
13.12.050 Permit – Application data and maps required.
Any person desiring to establish or maintain a cemetery or extend the boundaries of any existing cemetery shall file an application for a conditional use permit with the Development Services Director as prescribed in the City Code. The application shall include the following additional information:
A. The names, addresses and applicable State licenses of all officers and directors of the corporation or organization which will be in charge of the operation of the cemetery.
B. A map showing the exact location, exterior boundaries and legal description of the property which is proposed to be used for a cemetery or extension of an existing cemetery. Said map shall also show wells existing on site or within 300 feet of the exterior boundaries of the property along with cemetery buildings and burial plots.
C. A proposal for the perpetual care of the facility and proof of financial ability to develop and maintain the facility in such a manner as to prevent the proposed cemetery from becoming a public nuisance. If a perpetual care fund is to be or has been created, the statement shall set forth in details the amount then on hand and the method, scheme or plan of continuing and adding to the same.
D. The Development Services Director may waive requirements of this section or require additional data as deemed necessary to the decision-making process. (Ord. 518, 1999; Ord. 346, 1991)
13.12.060 New applications after denial.
As prescribed in the City Code, following a denial of a conditional use permit application for the establishment or expansion of a cemetery, no application for the same or substantially the same cemetery at the same or substantially the same site shall be filed within one year from the date of denial of the use permit. (Ord. 346, 1991)
13.12.070 Public cemetery districts – Application for extension.
A. Notwithstanding the provisions of PMC 13.12.050, where a public cemetery district formed pursuant to Part 2 of Division 8 if the California Health and Safety Code proposes 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:
1. The name and business address of the district;
2. A legal description of the land included within the extension;
3. A map showing:
a. The location of the exterior boundaries of the existing cemetery and the boundaries of the proposed extension,
b. The location of all buildings, whether public or private, within 300 feet of the exterior boundaries of said extension and the location of all wells within the 300 feet;
4. Such other information as the Director of Development Services may require.
B. Notice of public hearing may be given according to PMC 13.12.090. (Ord. 346, 1991)
13.12.080 Application fee.
The applicant shall be charged a filing fee established by resolution of the City Council. (Ord. 346, 1991)
13.12.090 Notice of hearing.
The City Council shall hold a public hearing on the application for the cemetery. The hearing shall be set and notice given as prescribed by this code for a conditional use permit.
A. A copy of the notice of the cemetery hearing;
B. A vicinity map for the project site. (Ord. 346, 1991)
13.12.100 Application – Investigation and report.
The Development Services Director shall make an investigation of the application or proposal and shall prepare a report thereon which shall be submitted to the City Council and to the applicant prior to the public hearing. (Ord. 518, 1999; Ord. 346, 1991)
13.12.110 Conditional use permit – City Council action.
The City Council may grant by resolution a conditional use permit as the permit was applied for or in modified form, or the application may be denied. The decision of the City Council is final and effective upon City Council approval. (Ord. 865 § 3, 2024; Ord. 492 § 4, 1998; Ord. 346, 1991)
13.12.120 Conditional use permit – City Council findings.
The City Council shall make the findings required for approval of a conditional use permit by the code before granting or modifying a conditional use permit for the cemetery. (Ord. 346, 1991)
13.12.130 Conditional use permit – Annual review.
Conditional use permits for cemeteries shall be subject to annual review by the Director of Development Services for compliance with the conditions of approval and to address concerns that may have occurred during the past year. If the permit is not in compliance with the conditions of approval or the Development Services Department has received complaints, the required annual review shall be set for a public hearing before the City Council, to consider modification of the use permit. (Ord. 518, 1999; Ord. 346, 1991)