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View recently adopted ordinances as of January 13, 2009 NOT YET CODIFIED OR INTEGRATED IN THIS SITE. (pdf file)

As used in this division, the word "cemetery" shall mean 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 cinerary interments or a combination of one or more thereof; 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 to cemetery purposes under the laws of the State, and which on March 16, 1955, was not included within the boundaries of an existing cemetery or for which a permit had not been granted by the Board of Supervisors; 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 or maintained or extended a cemetery within the meaning of the provisions of this division.

(Code 1954, § 5.1.9-2; Ord. No. NS-508, § 1, 2-14-55)

Sec. B6-2. Permit required; grounds for denial; existing cemeteries.

No person shall establish or maintain any cemetery or extend the boundaries of any existing cemetery at any place within the unincorporated territory of the County without a permit first having been applied for as hereinafter provided and obtained from the Board of Supervisors; provided, however, that such permit shall not be granted unless it shall affirmatively appear on the hearing and be found as a fact by the Board of Supervisors 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 March 16, 1955.

(Code 1954, § 5.1.9-3; Ord. No. NS-508, § 1, 2-14-55)

Sec. B6-3. Application required.

Any person, firm or corporation desiring to obtain a permit as hereinabove required shall file a written application therefor with the secretary of the Planning Commission.

(Code 1954, § 5.1.9-3; Ord. No. NS-508, § 1, 2-14-55; Ord. No. NS-508.1, § 1, 6-26-61)

Sec. B6-4. Application referred to Planning Commission for hearing; calling hearing.

The secretary of the Planning Commission shall refer the application to the Planning Commission, which shall fix the time and place for public hearing thereof, which shall not be less than 30 days nor more than 60 days from the date on which said application is filed.

(Code 1954, § 5.1.9-3; Ord. No. NS-508, § 1, 2-14-55; Ord. No. NS-508.1, § 1, 6-26-61)

Sec. B6-5. Notice of hearing.

(a) The secretary of the Planning Commission shall cause a copy of the notice of hearing on such application to be published in a newspaper of general circulation in Santa Clara County at least ten days preceding the date of hearing.

(b) Not less than 20 days before the date fixed for said hearing, the secretary shall also cause notices of said hearing to be conspicuously posted along the exterior boundary line of the proposed cemetery, or extension of an 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 one mile of the exterior boundaries of the proposed cemetery, in such manner as would reasonably give notice to passersby of the matters contained in said notice.

(c) Said notices shall contain a copy of the notice of hearing on said application, a rough sketch showing the boundaries of said cemetery or extension of an existing cemetery and all public highways within a distance of one mile 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 face letters as follows: "Notice of Proposal to Establish Cemetery."

(d) Where there are 50 or more buildings used either for residential or business purposes within a distance of one mile from the exterior boundaries of said proposed cemetery or extension of an existing cemetery, said secretary shall cause a postcard notice of said hearing to be mailed to all property owners within said distance at least 15 days prior to said hearing.

(e) The applicant shall submit the mailing list of said property owners to the secretary using for this purpose the last known name and address of such owners as shown upon the records of the Assessor of Santa Clara County. Said secretary may require proof that said mailing list is complete and correct.

(f) Inadvertent omissions, discrepancies or mistakes of a nonsubstantial matter relating to the mailing of notice shall not affect the validity of said permit.

(Code 1954, § 5.1.9-3; Ord. No. NS-508, § 1, 2-14-55; Ord. No. NS-508.1, § 1, 6-26-61)

Sec. B6-6. Consolidation of hearing with use permit hearing.

At the time of filing said written application, the applicant may request the consolidation of the cemetery permit public hearing with those required for a use permit under the Zoning Ordinance for the County, provided that at said consolidated hearing, the Planning Commission shall first hear and determine the application for use permit.

(Code 1954, § 5.1.9-3; Ord. No. NS-508, § 1, 2-14-55; Ord. No. NS-508.1, § 1, 6-26-61)

Cross reference(s)--Use permit, App. I, Ch. 5.65.

Sec. B6-7. Contents of application.

Every application for a permit required under the terms of this division 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 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 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 the 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 in 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 that said cemetery is to be established as an endowment care cemetery and that an endowment fund is to be or has been created as required by law, 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.

(Code 1954, § 5.1.9-4; Ord. No. NS-508, § 1, 2-14-55; Ord. No. NS-508.1, § 2, 6-26-61)

Sec. B6-8. Permit fee.

At the time of filing any application required under the terms of this division, the applicant shall pay to the secretary of the Planning Commission a permit fee of $100.00.

(Code 1954, § 5.1.9-5; Ord. No. NS-508, § 1, 2-14-55; Ord. No. NS-508.1, § 3, 6-26-61)

Sec. B6-9. Conduct of hearing; matters considered.

At the time and place fixed for the hearing on any application for a permit required under the terms of this division, the 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, the Planning Commission shall have power to consider the present or probable 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 in all probability be thickly settled within a period of five years, may recommend to the Board of Supervisors 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 proposed cemetery or extension of an existing cemetery will have upon the health of the public and if, in the opinion of said Commission, the establishment or maintenance of said cemetery or extension of an existing cemetery would be likely to endanger the public health, may recommend to the Board of Supervisors 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 the protection of the lives and property of the public, may recommend to the Board of Supervisors a denial of a permit therefor. The Planning Commission shall also have power to consider whether or not through the proposed endowment care fund or otherwise, applicant can demonstrate adequate financial ability to establish and maintain said proposed cemetery in such a manner so as to prevent the proposed cemetery from becoming a public nuisance.

(Code 1954, § 5.1.9-6; Ord. No. NS-508, § 1, 2-14-55)

Sec. B6-10. Report, recommendations to Board of Supervisors.

After such public hearing, said Commission shall report to the Board of Supervisors its findings as to whether the establishment, maintenance or extension of said cemetery will be a menace to or endanger public health, safety or general welfare. Said Commission shall also recommend the granting or denial of such permit.

(Code 1959, § 5.1.9-6.1; Ord. No. NS-508, § 1, 2-14-55; Ord. No. NS-508.1, § 4, 6-26-61)

Sec. B6-11. Time, place for hearing before Supervisors.

Upon receiving such report, the Clerk of the Board of Supervisors shall fix the time and place for public hearing before the Board of Supervisors.

(Code 1954, § 5.1.9-6.1; Ord. No. NS-508, § 1, 2-14-55; Ord. No. NS-508.1, § 4, 6-26-61)

Sec. B6-12. Notice of hearing before Supervisors.

The Clerk of the Board of Supervisors shall cause a copy of the notice of said hearing to be published in a newspaper of general circulation in Santa Clara County at least ten days preceding the date of such hearing.

(Code 1954, § 5.1.9-6.1; Ord. No. NS-508, § 1, 2-14-55; Ord. No. NS-508.1, § 4, 6-26-61)

Sec. B6-13. Conduct of hearing, determination by Supervisors.

At the time and place set for the hearing, the Board of Supervisors shall hear and 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 Board of Supervisors shall have the power to continue the hearing on said application from time to time before taking final action thereon and 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 any existing cemetery so as to prevent the same from jeopardizing the public safety, comfort or welfare and if the time required by said Board of Supervisors for compliance with said conditions shall elapse without said conditions having been met, said Board of Supervisors may deny the permit.

(Code 1954, § 5.1.9-6.1; Ord. No. NS-508, § 1, 2-14-55; Ord. No. NS-508.1, § 4, 6-26-61)

Sec. B6-14. Waiting period after denial of permit.

In the event that said Board of Supervisors shall have denied its approval of any application heretofore or hereafter made for any permit provided 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.

(Code 1954, § 5.1.9-7; Ord. No. NS-508, § 1, 2-14-55)

Sec. B6-15. Provisions not applicable to existing public or religious cemeteries.

The provisions of this division shall not apply to the enlargement, extension or continuation, either adjacent thereto or otherwise, of an existing cemetery owned and operated by a public cemetery district or by a religious corporation.

(Code 1954, § 5.1.9-8; Ord. No. NS-508, § 1, 2-14-55)

CHAPTER II.
INDIAN BURIAL GROUNDS

Sec. B6-16. Findings.

For countless years prior to arrival of the first European settlers, the Santa Clara Valley had a rich history of native American Indian life. Our valley floor and surrounding hillsides contain the burial sites for many generations of these early residents. It was of the greatest spiritual significance to them that one's remains be returned to and remain in the earth. A central theme of the Indian religious and cultural heritage, it is of no less concern to the many citizens of Indian descent who reside today in Santa Clara County.

(Ord. No. NS-508.2, § 3, 10-7-75; Ord. No. NS-508.3, § 1, 8-11-87)

Sec. B6-17. Intent.

It is the intent of this chapter to protect the integrity of Indian burial sites or, when removal is necessary, to provide for reburial of the remains in accordance with state law.

(Ord. No. NS-508.2, § 3, 10-7-75; Ord. No. NS-508.3, § 1, 8-11-87)

Sec. B6-18. Discovery of burial site.

Upon discovering or unearthing any burial site as evidenced by human skeletal remains the person making such discovery shall immediately notify the County Coroner.

Upon a determination by the County Coroner that the remains are Native American, the Coroner shall contact the California Native American Heritage Commission, pursuant to Health and Safety Code § 7050.5(c), and the County Coordinator of Indian Affairs. No further disturbance of the site may be made except as authorized by the County Coordinator of Indian Affairs in accordance with the provisions of state law and this chapter.

(Ord. No. NS-508.2, § 3, 10-7-75; Ord. No. NS-508.3, § 1, 8-11-87)

Sec. B6-19. Inspection of site.

The County Coordinator of Indian Affairs shall contact the State of California Native American Heritage Commission, and assist in contacting persons believed to be most likely descendants. Within 24 hours following receipt of information that a Native American burial site has been discovered or unearthed, the County Coordinator of Indian Affairs shall conduct inspection of the site in accordance with the provisions set forth in Public Resources Code § 5097.98. Any agreement reached in accordance with Public Resources Code § 5097.98 shall be presented to the County Engineer. The County Engineer shall issue a permit setting forth the conditions of the agreement to be met by the owner of the property.

Such conditions of the permit shall be in furtherance of the intent of this chapter and shall be formulated by a Costanoan Advisory Committee appointed by the County Board of Supervisors and consisting of three persons of Costanoan descent, two professional archaeologists with field work experience and with a degree in archaeology or anthropology from an accredited college or university, and one person with a background in civil engineering. In appointing the Costanoan Advisory Committee, the Board shall select the Costanoan descendant representatives from among individuals nominated by organizations comprised of persons descended from Costanoan Native Americans. In [Any] policies formulated by the Costanoan Advisory Committee must be based upon a consensus of opinion of the "most likely descendants" in accordance with Public Resources Code § 5097.98, and may include but are not limited to methods to be used for reburial or removal of the remains, approval of construction over the site and authorization for archeological examination of the site, including the recording of data in the field in the event of removal, the types of laboratory analysis which may be performed. Unless expressly authorized by the Board of Supervisors, no project may be delayed longer than ten calendar days following the date of initial inspection by the County Coordinator of Indian Affairs. No fee may be charged for issuance of a permit under this section.

The County Coordinator of Indian Affairs shall maintain a record of the location of burial sites for which a permit has been issued, and a copy of the record shall be furnished to the State of California Native American Heritage Commission. Such sites may not be reopened or otherwise disturbed except as expressly provided for under state law or as authorized by the Board of Supervisors.

(Ord. No. NS-508.2, § 3, 10-7-75; Ord. No. NS-508.3, § 1, 8-11-87)

Sec. B6-20. Removal and reburial of remains.

If the County Coordinator of Indian Affairs and the Costanoan Advisory Committee determine that leaving the remains in place is not feasible in light of existing and planned uses of the property or if the owner of the site desires that the remains be removed, excavation of remains from the site, together with the associated grave goods or artifacts, shall be made by or under the supervision of the archaeologist who is a member of the Advisory Committee. The County Engineer shall cause such remains and artifacts to be removed from the property and within ten calendar days from the date of removal and, unless an agreement has been reached between archaeologists and the "most likely descendants" for study of the remains, to be reburied on the property in a different location not subject to further disturbance or on County park lands or such County lands as are designated by the Board of Supervisors. Reburial shall be in a manner approved by the Advisory Committee. Records showing the location on County lands of such reburials shall be maintained by the Coordinator of Indian Affairs. No further disturbance of reburial sites may be made except as expressly provided for under state law or as authorized by the Board of Supervisors.

(Ord. No. NS-508.2, § 3, 10-7-75; Ord. No. NS-508.3, § 1, 8-11-87)

Sec. B6-21. Reporting requirements specified on other County permits.

The reporting requirements of this chapter shall appear on all public project plans and on all building, grading, encroachment and access permits issued by the County of Santa Clara.

(Ord. No. NS-508.2, § 3, 10-7-75; Ord. No. NS-508.3, § 1, 8-11-87)

Sec. B6-22. Appeal.

Any decision of the County Engineer relative to issuance, denial or conditioning of a permit hereunder may be appealed in writing to the Board of Supervisors by any person at any time prior to reburial of the remains. As soon as possible following receipt of such an appeal, the Clerk of the Board of Supervisors shall notify the County Engineer who shall cause reburial to be delayed pending a decision by the Board on the appeal. The appeal shall be heard by the Board of Supervisors at the first regularly scheduled meeting following the date of filing, which is deemed to be the date on which a written appeal is received in the office of the Clerk of the Board of Supervisors. No person may disturb the burial site until a decision on the appeal has been made by the Board of Supervisors.

(Ord. No. NS-508.2, § 3, 10-7-75; Ord. No. NS-508.3, § 1, 8-11-87)

Sec. B6-23. Violation a misdemeanor.

Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not more than $500.00 or by imprisonment in the County jail for a term of not exceeding six months, or by both fine and imprisonment.

(Ord. No. NS-508.2, § 3, 10-7-75; Ord. No. NS-508.3, § 1, 8-11-87)