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SANTA CLARA COUNTY CODE OF ORDINANCES: Sec. B6-9. Conduct of hearing; matters considered.

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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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)