Reso 4337 6 3-U-91
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d ` C I T Y O F C U P E R T I N O
� ' ` 10300 Torre Avenue
' Cupertino, California 95014
, R�SOLiJI'ION No. 4337
OF THE PLANNING G�OrM�SSION OF THE CITY OF CUPERTIlJO
�CONIlKENDING APPROVAL OF A USE PEE�NIIT TO ESTABLISH
A N��IORIAL G�FZDIN IN WI-�(�i TO BURY H[.A�N A�S
FOLIAWING OFF-PRII�SES CRII��,TION
SDCTION I• FINDINGS
WI�tE'AS, the Plar�ning Commission of the City of Cup�stino received an
application for a Use Permit, as described on Page 2 of this Resolution;
ar�d
W�2F',AS, the applicant has met the burden of proof required to support
said application.; and
W�, the Planning Commission finds that the application meets the
followirig reqttirements:
a) ZY�at the use or uses are in conformance with the G�neral Plan of
the City of Cupertino, and are not detrimental to existing uses
or to uses specifically permitted in the zone in which the
proposed use is to be located.
b) That the prop�xty involved is adec�iate in size and shape to
acco�nnodate the proposed use .
c) 'That the proposed use will not generate a level of traffic wer
and above that of the capacity of the existing street system.
d) 'Ihat the proposed use is otherwise not detrimental to the health,
safety, peace, morals and general welfare of persons residing or
working in the neighborhood of such proposed uses, nor injurious
to property and improvements i.n the neighborhood.
NOW, 'I'f�tEFORE, BE IT RF50LUID:
That after careful consideration of maps, facts, exhibits, testimony and
other evidence su�aiiitted in this matter, the application for Use Permit is
hereby rec�nended for approval, subject to the oonditions which are
enwmerated in this Resolution beginning on Page 2 thereof; and
That the subconclusions upon which the findings and conditions specified
in this Resolution are based and contained in the Public Hearing reoord
oonc�erning Application 3-U-91 as set forth in the Minutes of the Planning
C�unission Meeting of April 22, 1991, and are incorporated by referexx:e as
though fully set forth herein.
Resolution No. 4337 (3-U-91) April 22, 1991
Page -2-
SDCTION II
Application No.(s) 3-U-91
Applicant: James N. Harrah
Property Owner: St. Jude's Episcopal Church
Location: 20920 McClellan Road L/E corner of McClellan
and Stellirig Roads
S�CPION III : CONDITIONS ADNIINISTF�2ID BY THE CON�IUNITY DEVEGOPN�fr DEPT
l. APPROVID E�HIBITS
The recvirnnendation of approval is based on �i.b it L-1, dated March
15, 1991, except as may be amended by the Conditions contained in this
Resolution.
2. LANDSCAPE RE'�TIESn1
The applicant shall sul�iit a final landscape and irrigation plan for
Architectural and Site Carmnittee review and approval. The plan rrnast
be in conformance with tlze City of Cupertino Xeriscape quidelines. It
is staff's suggestion that a single rvw of pine trees be placed West
of the existing row of pine trees, because they are shawing signs of
age. The pine tree suggestion can be overturned or support:ed by ASAC.
3. USE LIMITATIONS
The applicant is approved for a Memorial Garden of 1,215 sq. ft., and
300 interm�nt lots. Permitted uses may include inte,rment of hLmtian
ashes in the area specified on the above referenced plan. The burial
of St. Jude's �iscopal Church members only is allcxaed. 'Ihis Use
PeYmit does not include approval of a mausolewm, crematory or
colLmibaritun. 'The follc7wing interment specifications apply to the Use
Permit:
a. Cc�nnnittal services must be concluded by five p.m. daily.
b. No upright monwnent or other memorial may be erected, installed
or placed on any grave. Only flat or flush type markers or
memorials shall be erected. The flat or flush markers must be of
non-reflective material.
c. The use of amplified music/voices, firearms, air rifles or
pistols will not be permitted on the church grounds in connection
with int.exment services .
d. No coping, curbing, fencing, hedgirig, grave mow�ds, borders or
enclosures of any kind shall be allowed around any the site or
around any interment lot.
e. If the applicant decides to place ashes in urns, the niches �nast
be concrete lined.
4. UODES
The applicant must adhere to all local, State arid Federal oodes with
regard to cemeteries and related activities.
Resolution No. 4337 (3 U-91) April 22, 1991
Page -3-
1
PASSID AND ADOPTID this 22nd day of April, 1991 at a regular meeting of
the Planning Cammission of the City of Cupertino, State of California, by
the follc�wirig roll call vote:
AYES: P�ERS:Chairman MacJcenzie, Fazekas, Austin, Mann
NOES: r�F�2.S:
ABSI'AIN: r��II2S:
P,BSIIVT : N��E�2S : Mahoney
A'I'1'ES"I': APPRpVID:
I
��, � �
Robert Caaan Don Mackenz e, „�rnan
Director of C�mnunity Development Planning Commis ' n
peresos/3 u-91