The URL can be used to link to this page

DIR-2023-008 - Action Letter CITY OF CUPERTINO 10300 Torre Avenue, Cupertino,California 95014(408)777-3308 To: Mayor and City Council Members Chairperson and Planning Commissioners From: Luke Connolly,Assistant Director of Community Development Prepared by: Gian Paolo Martire, Senior Planner Date: June 27, 2023 Subject: Director's Minor Modification, DIR-2023-008, to install Phase II of manufactured columbarium unit that was previously approved (DIR-2012-17) and the replacement of a modular building in the maintenance yard at the Gate of Heaven Cemetery located at 22555 Cristo Rey Drive. Chapter 19.164 of the Cupertino Municipal Code allows for administrative approval of minor changes in a project. The Director reports his decision to the City Council and Planning Commission in time to allow an appeal of the decision within fourteen calendar days. DISCUSSION The applicant, Heather Gloster, on behalf of Gate of Heaven Cemetery, is requesting approval of a minor modification to install Phase 2 of a manufactured columbarium unit that was previously approved (DIR-2012-17) and the replacement of a modular building in the maintenance yard. Columbarium In 2012, the Director of Community Development approved DIR-2012-17 for a columbarium designed as an "infinity loop" figure eight located adjacent to, and on the north side of the lake at the center of the Gate of Heaven Cemetery. The proposal was anticipated to be developed in two phases, with the second phase conditioned to be constructed and completed within three (3) years of the date of approval. Phase 1 of the development has been constructed; however, Phase 2 of the development has not been completed. Therefore, a Directors Minor Modification has been submitted to entitle Phase 2. Refer to Figure 1 to show existing conditions of the project site. DIR-2023-008 22555 Cristo Rey Drive Page 2 The Phase 2 of the columbarium 5 is approximately 700 feet away from the nearest residences on Canyon Oak Way. Along with the Phase 1 portion, the completed columbaria will be composed of two identical, 6t mirrored half circle niche walls that will slope from a height of 2 feet 6 inches to a maximum height of six (6) feet, and will comprise a development area of approximately 3,500 square feet, including the surrounding Figure 1 Existing condition. 0�r,iy: arrow indicates completed Phase 1. exterior landscape area. The Red arrow indicates proposed location of Phase 2. niche walls will be clad on the front and back faces in granite and will also have interior and exterior seating benches. The ground area in and around the columbaria will also be improved with flagstone to match the existing flagstone around the lake, decomposed granite, and new landscaping to accent and soften the aesthetics of the niche walls. Two existing trees around the columbarium that will be preserved, including a 12" trunk diameter California Redbud tree and a 12" trunk diameter Camphor tree. These trees will be retained as part of this project and will be centered in the middle of each infinity loop niche wall. Please refer to Enclosure 1, Plan Set, for specifications of the design. Modular Unit The applicant further proposes to remove and replace an existing modular unit with another approximately 600 square foot modular unit that contains an office and restroom. The unit will be in the maintenance area t Remove arxi servicing the cemetery � replace modular una wan restoom ! grounds, west of the site. The unit will be on wheels and not 4 '� �-- intended to be permanently attached to the ground. No trees will be removed from the area, as well as any further modifications to the =� maintenance yard landscaping. The current site is not visible from any public Figure 2 Maintenance yard and modular unit replacement. right-of-way, and is screened from any trails that visitors to the neighboring San Antonio County Park may be using. DIR-2023-008 22555 Cristo Rey Drive Page 3 Conclusion The applicant's proposal is not an expansion of the current use and does not impact the neighboring residents or land uses. Staff supports the project because it is consistent with the previously approved Director's Minor Modification(DIR-2012-17), as well as the cemetery's Use Permit(U-2005-04). ACTION The Director of Community Development deems the modification minor and approves the project with the following conditions of approval: 1. APPROVED EXHIBITS Approval is based on exhibits titled: "St. James Lakeside Columbarium' for Gate of Heaven Cemetery located at 22555 Cristo Rey Drive prepared by Coldspring dated November 29, 2022, except as may be amended by the conditions contained in this resolution. 2. ACCURACY OF THE PROJECT PLANS The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 3. BUILDING PERMITS The applicant shall consult with the City Building Division to obtain the necessary building permits, or building permit revisions, prior to commencement of work. 4. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans. 5. PREVIOUS CONDITIONS OF APPROVAL All prior conditions of approval through past approvals shall remain in effect unless superseded by or in conflict with subsequent conditions of approval and as specifically amended by this Director's Minor Modification approval. 6. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible for consulting with other departments and/or agencies with regard to the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department. 7. EXTERIOR BUILDING MATERIALS/TREATMENTS The final building exterior plan shall closely resemble the details shown on the original approved plans. Final building exterior treatment plan (including but not limited to details on exterior color, materials, architectural treatments, doors, windows, lighting fixtures, DIR-2023-008 22555 Cristo Rey Drive Page 4 and/or embellishments) shall be reviewed and approved by the Director of Community Development prior to issuance of building permits to ensure quality and consistency. Any exterior changes determined to be substantial by the Director of Community Development shall either require a modification to this permit or a new permit based on the extent of the change. 8. BIRD SAFE COMPLIANCE Prior to issuance of Building Permits, the applicant/property owner shall submit final plans in compliance with the approved plans to comply with development standards of Cupertino Municipal Code Section 19.102.030 Bird-Safe Development Requirements. In the event changes are proposed from the approved plans, said changes must be reviewed and approved by the Director of Community Development or their designee. The applicant shall provide all necessary documentation required to determine compliance with the Municipal Code. 9. DARK SKY COMPLIANCE Prior to issuance of Building Permits, the applicant/property owner shall submit final plans in compliance with the approved lighting plans to comply with development standards of Cupertino Municipal Code Section 19.102.040 Outdoor Lighting Requirements. In the event changes are proposed from the approved plans, said changes must be reviewed and approved by the Director of Community Development or their designee. The applicant shall provide all documentation required to determine compliance with the Municipal Code. 10. INDEMNIFICATION As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City's choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the "indemnified parties") from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as "proceeding") brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys' fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding. The applicant shall agree to (without limitation) reimburse the City its actual attorneys' fees and costs incurred in defense of the litigation. Such attorneys' fees and costs shall include amounts paid to the City's outside counsel and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. The applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys' fees, or costs awards, including attorneys' fees awarded under Code of Civil DIR-2023-008 22555 Cristo Rey Drive Page 5 Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement. The Applicant shall agree to (without limitation) reimburse the City for all costs incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending, any document (such as an Environmental Impact Report, negative declaration, specific plan, or general plan amendment) if made necessary by proceedings challenging the project approvals and related environmental review, if the applicant desires to continue to pursue the project. The Applicant shall agree that the City shall have no liability to the Applicant for business interruption,punitive, speculative, or consequential damages. 11. 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. This approval of the modification is effective June 29, 2023. The fourteen-calendar day appeal period will expire on July 13, 2023. Enclosures: 1. Plan Set 2. Satellite location of Modular Unit ST. JAMES LAKESIDE COLUMBARIUM GATE OF HEAVEN CEMETERY --=--® LOS ALTOS, CA CSG # 1023849 on,NleunDN wTE t9 z U) �a O „ .RD�QT EDCAT,D DMWN W BYITENEAL/NINpH ° 0 0 0 ,��.� DEmaNNDN.WE DGWWI®�Y FOR 15T APPROVAL FIELD SET ANpiOR LIST PRELIMINARY . ��+-orb NOT FOR CONSTRUCRON a w�Nuwu DMWMCS HOVE NOT BEEN REVIEWED OR CERTINED BY A 1023849 ll(ENB®ENONRER.IF Q•]tTIFR:ATIQV IS REQUIRED FOR N DAIF WILL BE ANWINUN OFa WEFNS iRWN THESE DRAWINGS HAVE NOT BEEN REVIFNED OR APPROVED BV LOOLL AVNIORRIES TINFNi OIE11NG WFOWWIEON E�1 WPIMaHRIN "r' S I wr 'A• .. ? I xar a« an x ss .y, wu wu i 2/2 t 2/31I �_ — _—i-�2/3 e T "T rflueurmx wte 1/4 1/4 __ 4/2 F mnea... .mew.. l 2/2 1/2-FRONT ELEVATION SCALE:3/4"=1'-0" REF:N/A 3/2 5/2-SECTION REF:N/A ux.ow. , i NZ z 7 3 Ilm aal •ss wla § III �' °=✓m.-5 m •a,3T •"o m •"o m r.m w � �a� = m5 OU 3/2 M-RIGHT ELEVATION SCALE:3/4"=1'-0" REF:N/A Pw1[R .m m Iwo m m 9 uaalrmelmam. t owvm m 3/2-BACK ELEVATION tea.. SCALE:3/4"=1'-0" REF:N/A O ws xumm 4/2-LEFT ELEVATION SCALE:3/4"=1'-0" REF:N/A 1023849 ar.wmcs wom�w; �°`w.c�nn�rcin"r�,.wa,unoNOHGu �2 1t %' s rw' rv,k• ,•1k. 3/3-DETAIL SCALE:1"=1'-0" REF:N/A %, Ol81RIWIlON MlE a 313 5/2 I 41 Y, K N1RC14�5[R 2� +4L• rwao��mamr IMTFRpI/WNm 4� IT D�mm BY � 2/3-SECTION 1/3-PLAN VIEW SG1LE:1/2"=1'-0" REF:N/A SCALE:1/2"=1'-0" REF:N/A °oN xuxxNa 1023849 Nlro onrexaux:nxmu%w ov<wmsxmn r� mrc�rxuwerx �i»,v�1 °""�r�en°cumeic l°n�rouurmn""" 3 b xouw�umx�a+uuu ixa '0iON7�,&o• YiYYNN1133N4 HlVI,9NON STYJ3(I�NV,1M J[FD3tl i1L YpW S]®Mbi0 MYi1NIW MCIHS 6b8EZOT wwvmi as V/N::13N ,A-.T=„Z/T:31VJ5 •�aaxorna NO LQS•b T ioaww•ecsao �I x ua .nua .M� IMDItl/lYIYtIYX ]QYWWI� IbLYJ01 1W[O1N �P �em O gNa r fag � cn Z m asi uw raunm/na S xouaaraww axuunuawn3arnsunw3amb3n sNna3xisx3 a3�3�m3> asd aas'x ism lY eo axros3nd urixm savl3a o�eo3esaw ie3x�ox3 a3�euan �.,ory..wi.,o.. NIIM ONON SxW30 ewna»03A011ddV i0Jdl3>]]tl n00Ntl 3>MxldH003WJ UOJ IY➢tel0`.NA01Iwl YONU.aaVJ e03aNdYJ 39 Qlw%a cirn Yli6NW'A1X03>N3n3J3n nOJ NNAM6 nawwuaxa auNows�xNeoNawww we�xs TMJ01 nnox l,,,sxw 3s�e'Arxo 3>Na'esu np33W xouraxno3 nNl wwmxo nos3w: s>mmrea 353NL'xl3wox3 a3sN�n YAe wuun3> 3wx uouvurowmexouwo3'3z�s m®n:a3or3 6KEZOi n003NdN3a N33N lON 3A w S MUAtlNO N011WNOP �aam wnNmwo azvu uo mm tlM:daa .o-,c=.z/c:gw,)s o3xa.�aaaEuw 3e anoxs a�nN�o[ xouvaxnoi nm a3sn 313uwm:3wx N1/ld N011tlONflOd-5 i A�OaNlLL30 113a1NIN NNISiY 0 0 0 xsaxu/iYnazYN 6 c x®msmm .Y.r+n l�a[ww 2 f- r $a NOLIJ3S N011tlON00j-5 z I I I uva Nounxnuua I I Ie° .vn„� r• ARC", ' �� t -• 'r• -Gateiot He, r r o 1 ~• y �w - + rli Catholic Cem`et 411 -40 : i _ .., y, , 1 '� •�.� {'fib,;.. • n s. `avee ofjlns L hangLN � r a.. �"^ate Q`,t ,�'-�f�� !�' � � � .: • �-:. r� �.i;_ to _� •+.; rcemetery grounds Existing maint Remove and replace modular *le unit with restroom Existing buildin canopy '' y { #.ter t �- rr� ' .!'� �:;��.y iylc s �? ,.�,''• i.. { r;,.. ,�,r�`sr�� : t .4 .�_ ;tea+■ ��f� JVL,71 .. ' .-�`�` •..... ,... -r��+..._ ..�- .�_� -:-w-�. ++ems: - _ - ate" -weJ.r ICI c� -� 0 m z l�rr _... � � .� � _�„__ �.. ,—,_ ��..,__._.__.s __�_� _._�._� i s 1 IVYhC New Modular +°E t � New Modular { New Modular .4 F F New Modular t ,s, 5h r�