PC RESOLUTION NO. 2025-02 - ASA-2024-002CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.2025-02
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING OF AN ARCHITECTURAL AND SITE APPROVAL PERMIT TO
ALLOW THE CONSTRUCTION OF A 275-CRYPT GARDEN MAUSOLEUM AT
THE GATES OF HEAVEN CEMETERY LOCATED AT 22557 CRISTO REY
DRIVE (APN: 342-63-002)
SECTION I: PROTECT DESCRIPTION
Application No.: ASA-2024-002
Applicant: Gates of Heaven Cemetery
Location: 22557 Cristo Rey Drive (APN: 342-63-002)
SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL:
WHEREAS, the Planning Commission of the City of Cupertino received an application
for an Architectural and Site Approval Permit as described in Section I of this resolution;
and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held at least one
public hearing in regard to the application; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act of
1970 (Public Resources Code section 21000 et seq.) ("CEQA"), together with the State
CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.)
(hereinafter, "CEQA Guidelines"), the City staff has independently studied the proposed
Project and has determined that the Project is exempt from environmental review
pursuant to the categorical exemption in CEQA Guidelines section 15303 for the reasons
set forth in the staff report dated March 11, 2025 and incorporated herein; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and
WHEREAS, the Planning Commission finds:
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;
The project has been determined to be consistent with the General Plan, and applicable
portion of the Municipal Code. The project scope has been determined to fall within Class
03 CEQA Exemption pursuant to CEQA Guideline Sections 15303 (New Construction
or Conversion of Small Structures). The incorporated conditions of approval into the
project will further mitigate potential impacts and therefore the project 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.
The mausoleum is designed to closely match the existing mausolea, in height, function,
and aesthetics. The proposed mausoleum features are like the existing mausolea to
ensure that there is architectural compatibility.
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.
The mausoleum is designed to closely match the existing mausolea, in height, function,
and aesthetics. The proposed mausoleum features are like the existing mausolea to
ensure that there is architectural compatibility. The landscape will retain the
surrounding shrubs and redwood trees for screening purposes. Unsightly uses
such as roof top equipment installation is conditioned to be either screened on top of the
roof or be located interior to the structure. The final lighting for the development will
be reviewed as part of the review of the project construction documents to ensure that
they meet safety requirements while avoiding spill -over light to adjacent properties.
The applicant is conditioned to demonstrate compliance with the City's Dark Sky
Ordinance as well.
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
Signage approval is not included in this application.
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.
The site is not located within an existing residential neighborhood but is adjacent to the
Oak Valley Subdivision. All mausolea at the Cemetery have been consolidated in the
southwest corner of the cemetery, about 760 feet away from the closest single-family home
in the Oak Valley development to the north. Due to the large setback of the proposed
mausoleum from the residences and its adjacency to the existing mausolea, it is not
expected that the project will create a visual impact on the existing homes.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts exhibits, testimony and other evidence
submitted in this matter, subject to the conditions which are enumerated in this Resolution,
beginning on PAGE 4 herein, and subject to the conditions contained in all other
Resolutions approved for this Project,
The application for an Architectural and Site Approval, Application No. ASA-2024-002,
is hereby approved, and that the conclusions upon which the findings and conditions
specified in this Resolution are based are contained in the Public Hearing record
concerning Application no. ASA-2024-002 as set forth in the Minutes of the Planning
Commission Meeting of March 11, 2025, 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 dated March 6, 2024, and entitled "New Garden
Mausoleum' consisting of eight (8) sheets labeled AO-A2, CO.0 — C3.0, and L-1,
prepared by Chris Kelly Architects, except as may be amended by conditions in
this resolution.
2. ACCURACY OF PROTECT 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. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. M-2024-002 and TR-2024-023 shall
be applicable to this approval.
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. FINAL ARCHITECTURAL DETAILS AND EXTERIOR BUILDING MATERIALS
The final building exterior plan shall closely resemble the details shown on the
original approved plans. The final building design and exterior treatment plans
(including but not limited to details on exterior color, materials, architectural
treatments, doors, windows, lighting fixtures, and/or embellishments) shall be
reviewed and approved by the Director of Community Development prior to issuance
of building permits and through an in -field mock-up of colors prior to application 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. As a Planned Unit
Development, the exterior finishes of each of the units (including garage doors and
exterior doors and windows) must remain harmonious with the same/coordinated
materials used across both buildings.
6. 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 19.102.030 Bird -Safe
Development Requirements and/or 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. The final lighting
plan (including a detailed photometric plan) shall be reviewed and approved by
the Director of Community Development prior to building permit issuance. A
report from a licensed lighting engineer may be required to confirm all exterior
lighting throughout the site complies with the City's Ordinance.
7. UTILITY STRUCTURE PLAN
Prior to issuance of building permits, the applicant shall work with staff to provide a
detailed utility plan to demonstrate screening or undergrounding of all new utility
structures [including, but not limited to backflow preventers (BFP), fire department
connections (FDC), post -indicator valves (PIV), and gas meters] to the satisfaction of
the Director of Community Development, Public Works, Fire Department, and
applicable utility agencies.
8. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult 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.
9. 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 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.
10. 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 at a regular meeting of the City Council of the City of
Cupertino this 11th day of March, 2025, by the following vote:
AYES: COMMISSIONERS: Rao, Kosolcharoen, Fung, Scharf
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS: Lindskog
ABSENT: COMMISSIONERS:
AT/TEST:
Piu Ghosh
Planning Manager
Chair, -Planning Commission