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EXC-2023-001 - PC PresentationPlanning Commission March 11, 2025 EXC-2023-001 – Hillside Exception Project Site Address 22346 Regnart Road Land Use Residential Hillside Very low density (5 -20 acre slope density formula) Zoning District RHS-120 Request Hillside Exception for grading more than 500 square feet on slopes exceeding 30% 19 7 7 Su b d i v i s i o n Proposal Details Project Data Required Proposed Maximum Allowable Development (sq. ft.)6,500 max.6,436 Building Height 30’ max.29’ Setbacks 1st Floor 2nd Floor 1st Floor 2nd Floor Front 10’25’26’-6”26’-6” Sides 10’15’68’74’ Rear 20’25’335’340’ Grading Quantity (in cubic yards) 2,500 max. (excluding basements)1,254 Total Flat Yard Area (in square feet) 2,500 max. (excluding driveways)2,351 Parking (spaces)6 min.6 Project Site Plan Hillside Exception Hillside Exception required for grading more than 500 square feet on slopes exceeding 30% No additional exceptions requested Grading Total Grading: 1,254 cubic yards (cut and fill) Allowed: 2,500 cubic yards 1,231 cubic yards of cut 843 cubic yards for foundation of home 365 cubic yards for septic system and driveway etc. 23 cubic yards of fill Geologic Review Project is located within Slope Instability Geologic Hazard area Geologic and Geotechnical report prepared and peer reviewed No evidence of landslides within building area Geologic and geotechnical report conditions included in resolution Fire Review Project reviewed by County Fire Department Fire Department requires: Two-foot expansion of roadway onto the project parcel Expansion and improvement of fire truck turn around at end of private road (on neighboring property. Neighbor agrees with proposal) Hillside Design Trees and Landscaping Two non- protected trees are proposed for removal Replanting of graded areas (~14,500 s.f.) Recommended Actions That the Planning Commission adopt the proposed draft resolution (Attachment 1) to: 1.Find the project exempt from CEQA; and 2.Approve the Hillside Exception (EXC-2023-001) 22557 Cristo Rey Drive Gate of Heaven Cemetery M-2024-002, ASA-2024-002, & TR-2024-023 Subject ●Use Permit Modification, Architectural and Site Approval, and Tree Removal Permit for the construction of a 275-crypt garden Mausoleum and removal and replacement of 5 development trees. ●Applicant: Gate of Heaven Cemetery Background Gate of Heaven Cemetery ●58-acres. ●Approved in1962. ●Annexed into City 1986. ●Memorial park with flat horizontal markers. Oak Valley Rancho San Antonio PG&E Application Request •A 3,400 square-foot, 275 crypt Garden Mausoleum. •Replacement of 5 development trees. •Adjacent to existing approximately 37,000 square foot mausolea and chapel. Application Request Application Request Environmental Review This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) per Sections 15303: New Construction or Conversion of Small Structures. Recommended Action That the Planning Commission adopt the proposed draft resolutions to: 1.Find the project exempt from CEQA and approve the Use Permit Modification (M -2024-002); 2.Approve the Architectural and Site Approval Permit (ASA - 2024-002);and 3.Approve the Tree Removal Permit (TR-2024-023). Previous Approvals Planning Permit Description 12-U-94 Construction of a 3,500 square foot mausoleum crypt. Approved January 9, 1995. U-2005-04 Approved statuary, Veterans markers and landscaping. Denied the request for upright markers. Approved January 17, 2005. DIR-2005-33 Minor modifications to landscaping in the Veteran’s Section of the cemetery. Approved December 20, 2005. M-2011-01, ASA-2011-01 Detailed 14-year plan broken up into Four Phases. These include modifications to the interior road network, additional inground burial plots, terraced burial grounds, and a limited number of upright marker plots. Approved March 22, 2011. DIR-2012-17 Installation of Phase I of a manufactured columbarium unit. Approved June 14, 2012. DIR-2020-006 New pergola with above-ground cremains in the Veteran’s Memorial section. Approved August 4, 2020. M-2022-002 Modification of an existing Use Permit to allow above ground crypts on a portion of the Gates of Heaven Cemetery (Code Enforcement). Planning Commission denied on September 13, 2022. DIR-2023-008 Installation of Phase II of a manufactured columbarium unit. Approved June 27, 2023. M-2011-01, ASA-2011-01 Use Permit Findings ●The proposed development and/or use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience. The proposed 275 garden crypt mausoleum will not cause any further traffic, noise, or visual impacts to the existing uses onsite. Surrounding residential uses will be over 750 feet from the nearest residences, and for those visiting the cemetery, the crypts will be visually mitigated by being adjacent to the other mausolea onsite. ●The proposed development and/or use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan, underlying zoning regulations, and the purpose of this title and complies with the California Environmental Quality Act (CEQA). The proposed project is consistent with and will be conducted in a manner in accordance with, the General Plan, Zoning Ordinance and is consistent with previous approvals. Furthermore, the use is categorically exempt under CEQA in that the proposed project involves minor changes to an existing facility. Architectural & Site Approval Findings 1.The proposal, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2.The proposal is consistent with the purposes of Chapter 19.168, the General Plan, any specific plan, zoning ordinances, applicable planned development permit, conditional use permits, variances, subdivision maps or other entitlements to use which regulate the subject property including, but not limited to, adherence to the following specific criteria: a)Abrupt changes in building scale should be avoided. A gradual transition related to height and bulk should be achieved between new and existing buildings. b)In order to preserve design harmony between new and existing building and in order to preserve and enhance property values, the materials, textures and colors of new building should harmonize with adjacent development by being consistent or compatible with design and color schemes with the future character of the neighborhoods and purposes of the zone in which they are situated. The location, height and materials of walls, fencing, hedges and screen planting should harmonize with adjacent development. Unsightly storage areas, utility installations and unsightly elements of parking lots should be concealed. The planting of ground cover or various types of pavements should be used to prevent dust and erosion, and the unnecessary destruction of existing healthy trees should be avoided. Lighting for development should be adequate to meet safety requirements as specified by the engineering and building departments and provide shielding to prevent spill -over light to adjoining property owners. Architectural & Site Approval Findings (cont.) c) The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures shall minimize traffic hazards and shall positively affect the general appearance of the neighborhood and harmonize with adjacent development; and d) With respect to new projects within existing residential neighborhoods, new development should be designed to protect residents from noise, traffic, light and visually intrusive effects by use of buffering, setbacks, landscaping, walls and other appropriate design measures. Tree Removal Permit Findings That the location of the trees restricts the economic enjoyment of the property by severely limiting the use of property in a manner not typically experienced by owners of similarly zoned and situated property,and the applicant has demonstrated to the satisfaction of the approval authority that there are no reasonable alternatives to preserve the tree(s).