DIR-2012-17b CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To: Mayor and City Council Members
Chairperson and Planning Couunissioners
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From: Aarti Shrivastava, Director of Community Development '
Prepared by: Aki Honda Snelling, AICP,Senior Planner
Date: June 14, 2012
Subject: Director's Minor Modification, DIR-2012-17, to a previously-approved Use Permit (U-
2005-04) to construct a new columbaria by the lake and replace an existing chain link
gate at the cemetery entrance with a new wrought iron, automatic gate and attached
wall with landscape planter, 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, Irving Gonzales, on behalf of Gate of Heaven Cemetery, is requesting approval
of a minor modification to a previously-approved Use Permit (U-2005-04) to construct a new
lakeside columbaria and replace an existing chain link fence at the cemetery entrance with a
new wrought iron, automatic gate and attached wall with landscape planter.
The columbaria will have an "infinity loop" figure eight design that will be located adjacent to
and on the north side of the lake at the center of the cemetery and be approximately 700 feet
away from the nearest residences on Canyon Oak Way. The columbaria will be composed of
two identical, 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 exterior landscape area. The 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. There are two existing trees in the area of the proposed
columbaria 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. The proposed columbaria will be
constructed in two phases, with one single niche wall to be built in each phase and completion
of the entire installation within two to three years' time.
The new wrought iron automated entrance gate will be located at the main entrance to the
cemetery approximately 225 feet from Cristo Rey Drive, and will replace a nine (9) foot high
existing chain link fence gate in the same location. The gated area will span the existing
driveway and approximately 20 feet on each side of the driveway for a total gated width of
DIR-2012-17
22555 Cristo Rey Drive Page 2
approximately 70 feet. The gated area flanking the south side of the driveway will be improved
with an 8-foot high stucco wall that is also proposed to include new signage for the cemetery.
The wall will also be enhanced with a landscaped planter at the base of the wall. The landscape
planter box will have a stone veneer exterior as an additional accent. The proposed signage is
part of the concurrent sign program application for the site. The gated area flanking the
northern side of the driveway will be wrought iron fencing. The proposed new gate and fencing
will enhance the entry to the cemetery and maintain the security of a gated entry for the
cemetery. It will also have a maximum height of 8 1/2 feet with lighted post caps flanking each
side of the gate at a maximum height of 12 feet 9 inches. The gate and fence columns will be
stuccoed, and the lighted post caps will have a stained wood trellis design. All existing trees
lining the driveway entrance to the cemetery, including liquidambar, plum and oak trees, will
be retained. However, new groundcover and shrubs will be planted to further enhance the
entrance.
Neigliborhood Outreach
Prior to submitting the applications for the Director's Minor Modification and Sign Program,
the applicant conducted neighborhood outreach and notified surrounding residential neighbors
(along Canyon Oak Way adjacent to the northern perimeter of the cemetery) of the proposals.
The applicant received a comment from one neighbor who indicated that the overall height of
the gate seemed a little tall,but that he felt it was acceptable given that the lantern post caps and
trellis concept would soften the views of the gate.
Conclusion
Staff supports the project because it is consistent with the previously-approved Use Permit (U-
2005-04), the Zoning Ordinance and the General Plan.
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: "New Entry Gates, Signage and Fencing" for Gate of
Heaven Cemetery located at 22555 Cristo Rey Drive prepared by Gonzales Architects dated
March 16, 2012 and consisting of 9 sheets labeled A0.0, topographic survey plan, A1.0, A2.0,
A3.0, L-1, L-2, L-3, and L-4, and "New Columbaria Phase 1" for Gate of Heaven Cemetery
located at 22555 Cristo Rey Drive prepared by Gonzales Architects dated March 16, 2012
and consisting of 15 sheets labeled A0.0, topographic survey plan, A1.0, A2.0, Sheets 1-5 for
the Lakeside Columbaria, and L1 through L6, and sheets 1 through 3 of the colored
schematic designs, except as may be amended by the conditions contained in this resolution.
2. 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.
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22555 Cristo Rey Drive Page 3
3. COMPLETION OF PHASE 2
Phase 2 of the infinity loop columbaria shall be constructed and completed within three (3)
years of the date of this approval.
4. 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.
This approval of the modification is effective June 14, 2012. The fourteen calendar day appeal
period will expire on June 28, 2012.
Enclosures:
Plan Set
G:�Planning�PDREPORT�DlRreports�2012�DIR-2012-17.docx