PC RESOLUTION NO. 2025-03 - M-2024-002CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 2025-03
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A MODIFICATION OF AN EXISTING USE PERMIT (U-2005-04)
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.: M-2024-002
Applicant: Gates of Heaven Cemetery
Location: 22557 Cristo Rey Drive (APN: 342-63-002)
SECTION II: FINDINGS FOR A USE PERMIT:
WHEREAS, the Planning Commission of the City of Cupertino received an application
for an amendment to an existing Use Permit (U-2005-04) to allow above ground crypts
on a portion of the Gates of Heaven Cemetery;
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
Resolution No. 2025-03 M-2024-002 March 11, 2025
Page 2
WHEREAS, the Planning Commission finds:
1. 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.
2. 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.
WHEREAS, the Planning Commission is the approval authority for this project and is
granted the authority by the Municipal Code to exercise its independent judgment, based
on the record before it, for purposes of the California Environmental Quality Act; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission takes the
following actions:
1. Exercises its independent judgment and determines that the Project is exempt from
CEQA pursuant to CEQA Guidelines sections 15301 and 15303. The Class 1 exemption
applies to existing facilities that involve negligible or no expansion of existing or former
use. The proposed project is for four crypts that take up around 3,000 square feet of a an
approximately 58-acre site. Therefore, the proposed project would not involve the
expansion of the former use (Section 15301, Class 1), will not significantly expand the use
beyond the current use that already exists or previously existed, and will not have a
significant effect on the environment. Further, Class 3 exemptions consist of construction
and location of limited numbers of new, small facilities or structures. Each crypt is small
in relation to other approved structures within the site. Therefore, the proposed project
is small and consistent with Section 15303, Class 3.
2. Approves the application for a Modification to Use Permit, Application no. M-2024-
002 subject to the conditions which are enumerated in this Resolution beginning on PAGE
Resolution No. 2025-03 M-2024-002 March 11, 2025
Page 3
3 thereof. The conclusions and sub conclusions upon which the findings and conditions
specified in this resolution are based, including those contained in the Public Hearing
record concerning Application no. M-2024-002 as set forth in the Minutes of Planning
Commission Meeting of March 11, 2024, are hereby incorporated by reference as though
fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPARTMENT
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. 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.
3. 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.
4. PREVIOUS CONDITIONS OF APPROVAL
All previous conditions of approval shall remain in effect except as may be
amended by conditions contained in this resolution.
5. CONCURRENT CONDITIONS
Four above ground crypts are approved to allow up to eight deceased to be
interred. No increase in the total number of burials allowed at the Cemetery is
permitted with this approval.
6. MODIFICATIONS APPROVED
A 3,400 square mausoleum allowing up to 275 crypts and 224 niches.
7. 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.
Resolution No. 2025-03 M-2024-002 March 11, 2025
Page 4
Any misrepresentation of any submitted data may invalidate an approval by the
Community Development Department.
8. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
a. All grading activities shall be limited to the dry season (April 15 to October 1),
unless permitted otherwise by the Director of Public works.
b. Construction hours and noise limits shall be compliant with all requirements
of Chapter 10.48 of the Cupertino Municipal Code.
c. Grading, street construction, underground utility and demolition hours for
work done more than 750 feet away from residential areas shall be limited to
Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to
6 p.m. Grading, street construction, demolition or underground utility work
within 750 feet of residential areas shall not occur on Saturdays, Sundays,
holidays, and during the nighttime period as defined in Section 10.48.053(b) of
the Municipal Code.
d. Construction activities shall be limited to Monday through Friday, 7 a.m. to 8
p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not
allowed on holidays as defined in Chapter 10.48 of the Municipal Code. Night
time construction is allowed if compliant with nighttime standards of Section
10.48 of the Cupertino Municipal Code.
e. Rules and regulations pertaining to all construction activities and limitations
identified in this permit, along with the name and telephone number of an
applicant appointed disturbance coordinator, shall be posted in a prominent
location at the entrance to the job site.
f. The applicant shall be responsible for educating all contractors and
subcontractors of said construction restrictions.
The applicant shall comply with the above grading and construction hours and
noise limit requirements unless otherwise indicated.
9. NOISE AND VIBRATION NOTICE
At least 10 days prior to the start of any demolition, ground disturbing, or
construction activities, the project applicant/contractor shall send notices of the
planned activity by first class mail to off -site businesses and residents within 500
feet of the project site. The City will provide a template notice and mailing
addresses for the Applicant's use. The notice must be approved by City staff prior
to sending. The project applicant shall provide the City with evidence of mailing
of the notice, upon request.
Please note that, if pile driving, the requirements for noticing and monitoring
outlined in City Code Section 17.04.050 G (3) shall apply.
Resolution No. 2025-03 M-2024-002 March 11, 2025
Page 5
10. NOISE AND VIBRATION SIGNAGE
At least 10 days prior to the start of any demolition, ground disturbing, or
construction activities, the project applicant/contractor shall ensure that a sign
measuring at least four feet by six feet shall be posted on construction fencing at
the entrance(s) to the job site, clearly visible to the public, and include the
following:
a. Permitted construction days and hours;
b. A description of proposed construction activities;
c. Telephone numbers of the City's and contractor's authorized representatives
that are assigned to respond in the event of a noise or vibration complaint; and
d. Contact information for City's and contractor's authorized representatives that
are assigned to respond in the event of a complaint related to fugitive dust,
pursuant to the requirements for compliance with BAA MD's CEQA Air
Quality Guidelines.
If the authorized contractor's representative receives a complaint, they shall
investigate, take appropriate corrective action, and report the complaint and the
action taken to the City within three business days of receiving the complaint.
11. NOISE DURING CONSTRUCTION
Prior to issuance of any demolition, grading or building permit, include on plans
a note that, during project construction, the project applicant shall incorporate the
following measures to reduce noise during construction and demolition activity:
a. The project applicant and contractors shall prepare and submit a Construction
Noise Control Plan to the City's Planning Department for review and approval
prior to issuance of the first permit. The Construction Noise Plan shall
demonstrate compliance with daytime and nighttime decibel limits pursuant
to Chapter 10.48 (Community Noise Control) of Cupertino Municipal Code.
The details of the Construction Noise Control Plan shall be included in the
applicable construction documents and implemented by the on -site
Construction Manager. Noise reduction measures selected and implemented
shall be based on the type of construction equipment used on the site, distance
of construction activities from sensitive receptor(s), site terrain, and other
features on and surrounding the site (e.g., trees, built environment) and may
include, but not be limited to, temporary construction noise attenuation walls,
high quality mufflers. During the entire active construction period, the
Construction Noise Control Plan shall demonstrate that compliance with the
specified noise control requirements for construction equipment and tools will
reduce construction noise in compliance with the City's daytime and nighttime
decibel limits.
Resolution No. 2025-03 M-2024-002 March 11, 2025
Page 6
b. Select haul routes that avoid the greatest amount of sensitive use areas and
submit to the City of Cupertino Public Works Department for approval prior
to the start of the construction phase.
c. Signs will be posted at the job site entrance(s), within the on -site construction
zones, and along queueing lanes (if any) to reinforce the prohibition of
unnecessary engine idling. All other equipment will be turned off if not in use
for more than 5 minutes.
d. During the entire active construction period and to the extent feasible, the use
of noise producing signals, including horns, whistles, alarms, and bells will be
for safety warning purposes only. The construction manager will use smart
back-up alarms, which automatically adjust the alarm level based on the
background noise level or switch off back-up alarms and replace with human
spotters in compliance with all safety requirements and law.
12. FUGITIVE DUST CONTROL
Prior to issuance of the any demolition, grading, or building permit, include on all
permit plans, the full text of each of the Bay Area Air Quality Management
District's Basic Control Measures from the latest version of BAAQMD's CEQA Air
Quality Guidelines, as subsequently revised, supplemented, or replaced, to
control fugitive dust (i.e., particulate matter PM2.5 and PM10) during demolition,
ground disturbing activities and/or construction.
13. INDEMNIFICATION AND LIMITATION OF LIABILITY
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
Resolution No. 2025-03 M-2024-002 March 11, 2025
Page 7
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.
14. 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.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
15. GRADING
Grading shall be as approved and required by the Director of Public Works in
accordance with Chapter 16.08 of the Cupertino Municipal Code. 401
Certifications and 404 permits maybe required. Please contact Army Corp of
Engineers and/or Regional Water Quality Control Board as appropriate.
16. DRAINAGE
Drainage shall be provided to the satisfaction of the Director of Public Works.
Hydrology and pre- and post -development hydraulic calculations must be
Resolution No. 2025-03 M-2024-002 March 11, 2025
Page 8
provided to indicate whether additional storm water control measures are to be
constructed or renovated. The storm drain system may include, but is not limited
to, subsurface storage of peak stormwater flows (as needed), bioretention basins,
vegetated swales, and hydrodynamic separators to reduce the amount of runoff
from the site and improve water quality. The storm drain system shall be designed
to detain water on -site (e.g., via buried pipes, retention systems or other approved
systems and improvements) as necessary to avoid an increase of the ten percent
flood water surface elevation to the satisfaction of the Director of Public Works.
Any storm water overflows or surface sheeting should be directed away from
neighboring private properties and to the public right of way as much as
reasonably possible. All storm drain inlets shall be clearly marked with the words
"No Dumping — Flows to Creek" using permanently affixed metal medallions or
equivalent, as approved by the Environmental Programs Division. Additional
comments will be provided and shall be incorporated prior to Building Permit
approval.
17. FEES AND BONDS
The project developer shall provide for payment of fees, including but not limited
to checking and inspection fees, storm drain fees, transportation impact fees, park
dedication fees and fees for under grounding of utilities. Said agreement and fees
shall be executed and paid prior to issuance of Building permit.
Fees:
a. Checking & Inspection Fees: Per current fee schedule ($1,302)
b. Grading Permit: Per current fee schedule ($1,352)
c. Storm Drainage Fee: Per current fee schedule ($2,375 per AC)
Bonds:
a. On -site Grading Bond: 100% of site improvements.
The fees described above are imposed based upon the current fee schedule
adopted by the City Council. However, the fees imposed herein may be modified
at the time of recordation of a final map or issuance of a building permit in the
event of said change or changes, the fees changed at that time will reflect the then
current fee schedule.
18. UNDERGROUND UTILITIES
Developer shall comply with the requirements of the Underground Utilities
Ordinance No. 331 and other related Ordinances and regulations of the City of
Cupertino, and shall coordinate with affected utility providers for installation of
underground utility devices. Developer shall submit detailed plans showing
Resolution No. 2025-03 M-2024-002 March 11, 2025
Page 9
utility underground provisions. Said plans shall be subject to prior approval of the
affected Utility provider and the Director of Public Works.
19. WATER BACKFLOW PREVENTERS
Domestic and Fire Water Backflow preventers and similar above ground
equipment shall be placed away from the public right of way and site driveways
to a location approved by the Cupertino Planning Department, Santa Clara
County Fire Department and the water company.
20. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water
Resources Control Board, for construction activity, which disturbs soil. BMP plans
shall be included in grading and street improvement plans.
21. EROSION CONTROL PLAN
Developer must provide an approved erosion control plan by a Registered Civil
Engineer. This plan should include all erosion control measures used to retain
materials on site. Erosion control notes shall be stated on the plans.
22. WORK SCHEDULE
Every 6 months, the developer shall submit a work schedule to the City to show
the timetable for all grading/erosion control work in conjunction with this project.
23. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the
City.
24. SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County
Fire Department prior to issuance of building permits. Clearance should include
written approval of the location of any proposed Fire Backflow Preventers, Fire
Department Connections and Fire Hydrants (typically Backflow Preventers
should be located on private property adjacent to the public right of way, and fire
department connections must be located within 100' of a Fire Hydrant).
25. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
26. SAN LOSE WATER SERVICE COMPANY CLEARANCE
Provide San Jose Water Service Company approval for water connection, service
Resolution No. 2025-03 M-2024-002 March 11, 2025
Page 10
capability and location and layout of water lines and backflow preventers before
issuance of a building permit approval.
27. DEDICATION OF UNDERGROUND WATER RIGHTS
Developer shall "quit claim" to the City all rights to pump, take or otherwise
extract water from the underground basin or any underground strata in the Santa
Clara Valley.
28. UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property (including
PG&E, AT&T, and San Jose Water Company, and/or equivalent agencies) will be
required prior to issuance of building permits.
PASSED AND ADOPTED this 111h day of March, 2025 at a noticed Public Hearing of the
Planning Commission of the City of Cupertino, State of California, held by the Director
of Community Development, or his or her designee, pursuant to Cupertino Municipal
Code Section 19.12.120.
AYES: COMMISSIONERS: Rao, Kosolcharoen, Fung, Scharf
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMISSIONERS: Lindskog
ATTEST:
Piu Ghosh
Planning Manager
Chair, Planning Commission