Reso 6314 U-2005-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6314
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT FOR STATUARY, VETERANS'
MARKERS AND LANDSCAPE FEATURES AT AN EXISTING CEMETERY LOCATED AT
22555 CRISTO REY DRIVE.
SECTION I: PROTECT DESCRIPTION
' Application No(s): U-2005-04
Applicant: Robert Lindberg (Gate of Heaven Cemetery)
Location: 22555 Cristo Rey Drive
SECTION II: FINDINGS FOR USE PERMIT
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WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Use Permit, as described in Section I of this Resolution; and
i WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held one or more
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public hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application;
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and has satisfied the following requirements:
1) The proposed 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;
2) The proposed use will be located and conducted in a manner in accord with the
� Cupertino Comprehensive General Plan and the purpose of this title.
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� NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
� submitted in this matter, the application for Use Permit is hereby recommended for approval,
subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof;
and
Resolution No. 6314 U-2005-04 August 23, 2005
Page 2
That the subconclusions upon which the findings concerning Application No(s). U-2005-04,
as set forth in the Minutes of the and conditions specified in this resolution are based are
contained in the public hearing record Planning Commission Meeting of August 23, 2005,
and are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set entitled, "Gate of Heaven Cemetery, 22555 Cristo
Rey Drive" dated 8/10/05, 2005 consisting of 4 pages, except as may be amended by
the Conditions contained in this resolution.
2. APPROVED SITE PLAN
Cemetery expansion with horizontal markers is allowed in areas not identified on the
approved site plan, except for the designated buffer area. The approved site plan does
not include any element described as "future," i.e., future mausoleum or future
niche/art features.
3. MARKERS AND STATUARY
The cemetery has been developed as a Memorial Park with flat, horizontal markers.
Any new markers shall be horizontal consistent with the original use permit. The
existing 36 vertical markers are allowed to remain. Statuary or changes deemed minor
shall be approved by the Design Review Committee or as a Director's Minor
Modification, as determined by the Director of Community Development
4. LANDSCAPE PLAN
A detailed landscape plan shall be approved by the Planning Commission prior to
implementation of the use permit, with the exception of the Veterans' memorial,
which can be installed with landscaping subject to the Director of Community
Development. The detailed landscape plan shall include landscaping for the new
niche feature and trellis in the veterans' section.
5. TREE HEIGHT
Annual topping of the trees between the residential area on the east property line and
the cemetery shall be performed to retain the residents' view of the mountains. Tree
height shall be maintained at 7 feet above the fence in the Veterans Plaza area and 4
feet above the fence in other areas.
Resolution No. 6314 U-2005-04 August 23, 2005
Page 3
6. BUFFER AREA
A buffer area shall be established along the east property line between the residential
parcels and the cemetery. There shall be no development activity within 22 feet of the
property line, and no above ground activity within 35 feet of the property line.
7. ACCESS
Access to the cemetery for funeral processions and visitors shall be from Cristo Rey
Drive, and not from any other local street extending through residential areas.
8. RECORDATION OF CONDITIONS OF APPROVAL
The conditions of approval for the project shall be recorded prior to implementation of
the use permit in order to provide knowledge of the limitations of the site for future
development plans.
9. NOTICE OF FEES DEDICATIONS RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions. Pursuant to
Government Code Section 66020(d) (1), these Conditions constitute written notice of a
statement of the amount of such fees, and a description of the dedications,
reservations, and other exactions. You are hereby further notified that the 90-day
approval period in which you may protest these fees, dedications, reservations, and
other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail
to file a protest within this 90-day period complying with all of the requirements of
� Section 66020, you will be legally barred from later challenging such exactions.
PASSED AND ADOPTED this 23rd day of August 2005, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Chen; Giefer; Vice-Chair Miller, Saadati and Chairperson
Wong
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
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Steve Piasecki Gilbert Wong, Chairp n
Director of Community Development Cupertino Planning Commission
G: \ Planning� PDREPORT� RES � U-2005-04 res.doc