PC RESOLUTION NO. 2025-04 - TR-2024-023TR-2024-023
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.2025-04
OF THE PLANNING COMMISSION APPROVING A TREE REMOVAL PERMIT
TO ALLOW THE REMOVAL AND REPLACEMENT OF 5 LIVING TREES TO
ACCOMMODATE 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.: TR-2024-023
Applicant: Gates of Heaven Cemetery
Location: 22557 Cristo Rey Drive (APN: 342-63-002)
SECTION II: FINDINGS:
WHEREAS, the Planning Commission of the City of Cupertino received an application
for tree removal permit to allow the removal and replacement of 5 living trees to
accommodate the construction of a 275-crypt garden mausoleum at the Gates of Heaven
Cemetery located at 22557 cristo rey drive; 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
Resolution No.
2025-04 TR-2024-023 March 11,2025
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WHEREAS, the Planning Commission finds:
1. That the location of the trees restricts the economic enjoyment of the property by
severely limiting the use of property in a manner not typically experienced by
owners of similarly zoned and situated property, and the applicant has
demonstrated to the satisfaction of the approval authority that there are no
reasonable alternatives to preserve the tree(s).
The five (5) development trees are within an area of the cemetery in which the proposed
mausaleum is intended to built. This location is the least obstructive for future and current
development of any above ground structure on the cemetery grounds. Removal of the trees
are deemed necessary for the cemetery to properly expand their operations.
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 a Tree Removal Permit, Application No. TR-2024-023, 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. TR-2024-023 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 PROTECT
This approval for tree removal is based on the arborist report prepared by Edwin
Ramirez (ISA Board Certified Arborist, WE- 13134A) consisting of five (5) pages,
including a removal and protection plan, and a replacement justification. The five
trees shall not be removed until the applicant is ready to commence construction of
the mausoleum.
2. TREE REPLACEMENT
The proposed replacements total five (5) replacement trees, to be planted on the
subject property prior to issuance of Final Occupancy. The applicant shall provide an
updated replacement plan for review and approval by the City prior to issuance of
building permits. The applicant shall provide the Department of Community
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No. 2025-04 TR-2024-023 March 11, 2025
Page - 3 -
Development adequate documentation, including but not limited to photographs,
receipts or invoices, to verify that the replacement trees have been planted.
In the event the applicant is unable to plant the approved replacement trees, the
applicant may propose alternative adequate tree replacements for trees proposed to
be removed. The final number, location, size, and type of trees shall be reviewed and
approved by the Director of Community Development, in consultation with the City's
Consulting Arborist, prior to issuance of building permits for the mausoleum.
3. PROTECTED TREES
The applicant understands that replacement trees may not be removed without a Tree
Removal Permit and that they shall be responsible for ensuring the proper
maintenance and care of the tree. The applicant shall also disclose the location and
species of all protected trees on site upon sale of the property.
4. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos.M-2024-002 and ASA-2024-002 shall
be applicable to this approval.
5. 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 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
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2025-04 TR-2024-023 March 11, 2025
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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.
6. 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.
PASSED AND ADOPTED this 111h day of March 2025, Regular Meeting of the Design
Review Committee of the City of Cupertino, State of California, by the following vote:
AYES:
COMMISSIONERS: Rao, Kosolcharoen, Fung, Scharf
NOES:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ABSENT:
COMMISSIONERS: Lindskog
ATTEST:
Piu Ghosh
Planning Manager
APPRO
Santos ao
Chair, Planning Commission