M-2011-01b City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3251
C lJ P E ltT 1 N t3 FAX (408) 777-3333
Communih� Development Department
March 23, 2011
Gonzales Architects
Irving Gonzales
67A Water Street
San Francisco, Ca. 94133
SUBJECT: PLANNING COMMISSION ACTION LETTER - ASA-2011-01, M-2011-01
This letter confirms the decision of the Planning Coxn�ussion, given at the meeting of March 22, 2011,
approving an Architectural and Site approval to allow the installation of new burial grounds (no
changes to the general location and number of upright markers) and associated structural and site
improvements at an existing cemetery and a Modification to a previously approved Use Permit (U-2005-
04) to allow the installation of new burial grounds (no changes to the general location and number of
upright markers) and associated structural and site improvements at an existing cemetery (Gate of
Heaven), located at 22555 Cristo Rey Drive, according to Planning Comnussion Resolution No.(s) 6622
and 6623.
Please be aware that if this Permit is not used within a two-year period, it shall expire on March 22, 2013.
Also, please note that an appeal of this decision can be made within 14 calendar days from the mailing
of the notice of the decision. If this happens, you will be notified of a public hearing, which will be
scheduled before the City Council.
Sincerely,
, /
Z�
Aki Snelling
Senior Planner
Planning Department
Enclosures: Resolution 6622 and 6623
CC: Gate of Heaven Cemetery, William Sousae, 22555 Cristo Rey Dr, Los Altos CA 95014
Roman Catholic Diocese of San Jose, 1150 N 1 Street #100, San Jose CA 95112
g:/planniitg/post hearing/actionlefterASA-2011-01,M-2011-01
M-2011-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6623
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A MODIFICATION TO A PREVIOUSLY-APPROVED USE PERMIT (U-2005-04) TO
ALLOW THE INSTALLATION OF NEW BURIAL GROUNDS (NO CHANGES TO THE GENERAL
LOCATION AND NUMBER OF UPRIGHT MARKERS) AND ASSOCIATED STRUCTURAL AND
SITE IMPROVEMENTS AT AN EXISTING CEMETERY LOCATED AT 22555 CRISTO REY DRIVE
(GATE OF HEAVEN CATHOLIC CEMETERY)
SECTION I: PROTECT DESCRIPTION
Application No.: M-2011-01
• Applicant: Irving Gonzales on behalf of Gate of Heaven Catholic Cemetery
Location: 22555 Cristo Rey Drive (APN 342-63-002, 342-63-004, and 342-63-005)
SECTION II: FINDINGS FOR MODIFICATION
WHEREAS, the Planning Coinmission of the City of Cupertino received applications for a
Modification of a Use Permit and an Architectural and Site Approval, as described in Section II of this
Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the P1aiuling Commission has held one or more public
hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application; and has
satisfied the following requirements:
1) The proposed 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;
2) The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan and Cupertino Zoning Ordinance and the purpose of this title.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the application for Modification of the Use Permit are hereby Approved, subject to the
conditions which are enumerated in this Resolution beginning on Page 2 thereof; and
That the subconclusions upon which the findings and conditions specified in this resolution are
based and contained in the public hearing record concerning Application No. M-2011-01, as set forth
in the Minutes of the Planning Commission Meeting of March 22, 2011, and are incorporated by
reference though fully set forth herein.
Resolution No. 6623 M-2011-01 March 22, 2011
Page-2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPARTMENT
1. APPROVED EXHIBITS
The approval is based on Exhibits submitted by Gonzales Architects, titled "St. Mary Section;'
dated March 4, 2011, consisting of pages A1.0, A2.0, LP-1, Preliminary Grading and Drainage
Plan, Memo to the Canyon Oak Way Home Neighbors dated September 13, 2010 and
Questions and Answers of the Proposed Development Dated August 12, 2010, and the
Construction Activity Description in the letter dated March 4, 2011, except as may be
amended by the Conditions contained in this Resolution.
2. USE AND DEVELOPMENT APPROVAL
Approval is granted to modify Use Permit, U-2005-04, to modify an approved plan of burial
ground locations, landscaping and site improvements for an approximately four (4) acre
portion of the cemetery as shown in the approved Exhibits. The applicant shall prepare a
construction phasing schedule, demonstrating completion of the project within 14 years of
this approval upon the conceptual phasing schedule provided below that prescribes the scope
of work, timing of development and construction activity duration of each phase:
Proposed Development Phasing Schedule
Scope, Estimated Time Frame & Construction Duration
Phase 1 • Roadway & Landscape Buffer
• Year 1 time frame
• 1-2 month construction duration
Phase 2 • Ground Burials and Gazebo
1,492 in ground plots, 250 in ground cremains, 750 above ground
cremain niches
• Years 6-10 time frame
• 3-5 month construction duration
Phase 3 • Ground Burials
1,222 in ground plots
• Years 2-5 time frame
• 1-2 month construction duration
Phase 4 • Terraced Ground Burials
1,138 upright marker plots
• Years 11-14
• 3-5 month construction duration
3. CONSTRUCTION MANAGEMENT PLAN
A comprehensive construction management plan shall be prepared by the applicant and
approved by the Director of Community Development prior to the start of construction on site
(including grading) or issuance of building permits, whichever occurs first. Staging of
construction equipment shall not occur within 250 feet of any residential property.
Resolution No. 6623 M-2011-01 March 22, 2011
Page-3-
4. PREVIOUS CONDITIONS OF APPROVAL
All prior use permit conditions of approval (U-2005-04) and approvals through prior
applications to this application shall remain in effect unless superseded by or in conflict with
subsequent conditions of approval, including conditions of approval for M-2011-01.
5. SIGNAGE & SIGN PROGRAM
Signage is not approved with this use permit application. The applicant shall be required to
submit an application for a sign program and signage prior to installation of any signage on
site. Signage shall conform to the City's Sign Ordinance.
6. ACCURACY OF THE 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.
7. OTHER DEPARTMENTS REVIEW
All building department, fire department and Cupertino Sanitary District comments must be
addressed prior to issuance of any permit required by the City.
8. LANDSCAPE PLAN
The applicant shall submit detailed landscape and irrigation plans to be reviewed and
approved prior to issuance of building permits. The landscape plan shall include water
conservation and pesticide reduction measures in conformance with Chapter 14.15,
Landscaping Ordinance, and the pesticide control measures referenced in Chapter 9.18,
Stormwater Pollution Prevention and Watershed Protection, of the Cupertino Municipal
Code.
9. LANDSCAPE INSTALLATION REPORT
The project is subject to all provisions delineated in the Landscape Ordinance (CMC, Chapter
14.15). A landscape installation audit shall be conducted by a certified landscape
professional after the landscaping and irrigation system have been installed. The findings of
the assessment shall be consolidated into a landscape installation report.
The landscape installation report shall include, but is not limited to: inspection to confirm that
the landscaping and irrigation system are installed as specified in the landscape and irrigation
design plan, system tune-up, system test with distribution uniformity, reporting overspray or
run-off that causes overland flow, and preparation of an irrigation schedule.
The landscape installation report shall include the following statement: "The landscape and
irrigation system have been installed as specified in the landscape and irrigation design plan
and complies with the criteria of the ordinance and the permit."
10. LANDSCAPE AND IRRIGATION MAINTENANCE
Per the Landscape Ordinance (CMC, Chapter 14.15), a maintenance schedule shall be
established and submitted to the Director of Community Development or his/her designee,
either with the landscape application package, with the landscape installation report, or any
time before the landscape installation report is submitted.
Resolution No. 6623 M-2011-01 March 22, 2011
Page-4-
a) Schedules should take into account water requirements for the plant establishment period
and water requirements for established landscapes.
b) Maintenance shall include, but not be limited to the following: routine inspection;
pressure testing, adjustment and repair of the irrigation system; aerating and de-thatching
turf areas; replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding;
pest control; and removing obstructions to emission devices.
c) Failed plants shall be replaced with the same or functionally equivalent plants that may be
size-adjusted as appropriate for the stage of growth of the overall installation. Failing
plants shall either be replaced or be revived through appropriate adjustments in water,
nutrients, pest control or other factors as recommended by a landscaping professional.
11. SOIL ANALYSIS REPORT
A soils analysis report shall document the various characteristics of the soil (e.g. texture,
infiltration rate, pH, soluble salt content, percent organic matter, etc) and provide
recommendations for amendments as appropriate to optimize the productivity and water
efficiency of the soil.
The soil analysis report shall be made available to the professionals preparing the landscape
and irrigation design plans in a timely manner either before or during the design process. A
copy of the soils analysis report shall be submitted to the Director of Community
Development as part of the landscape documentation package.
12. DUST CONTROL
The following construction practices shall be implemented during all phases of construction
for the proposed project to prevent visible dust emissions from leaving the site:
a) Water all active construction areas at least twice daily and more often during windy
periods to prevent visible dust from leaving the site; active areas adjacent to windy
periods; active areas adjacent to existing land uses shall be kept damp at all times, or shall
be treated with non-toxic stabilizers or dust palliatives.
b) Cover all trucks hauling soil, sand, and other loose materials or require all trucks to
maintain at least 2 feet of freeboard;
c) Pave, apply water at least three times daily, or apply (non-toxic) soil stabilizers on all
unpaved access roads, parking areas and staging areas at construction sites.
d) Sweep streets daily, or more often if necessary (preferably with water sweepers) if visible
soil material is carried onto adjacent public streets.
e) The applicant shall incorporate the City's construction best management practices into the
building permit plan set.
13. GRADING AND CONSTRUCTIO N HOURS
All grading activities shall be limited to the dry season (April 15 to October 15). Grading
hours shall be limited to Monday through Friday, 7 a.m. to 8 p.m. Grading, street
construction, demolition or underground utility work shall not occur on Saturdays, Sundays
Resolution No. 6623 M-2011-01 March 22, 2011
Page-5-
and holidays, and during the nighttime period as defined in Section 10.48.053(b) of the
Municipal Code. 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. The developer shall be responsible for educating all contractors and subcontractors
of said construction restrictions. Rules and regulation pertaining to all construction activities
and limitations identified in this permit, along with the name and telephone number of a
developer appointed disturbance coordinator, shall be posted in a prominent location at the
entrance to the job site.
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. 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.
15. SCREENING
All mechanical and other equipment on the building or on the site shall be screened so they
are not visible from public street areas or adjoining developments. Screening materials/colors
shall match building features and materials. The height of the screening shall be taller than
the height of the mechanical equipment that it is designed to screen. The location of
equipment and necessary screening shall be reviewed and approved by the Director of
Community Development prior to issuance of building permits.
16. TREE PROTECTION
As part of the demolition or building permit drawings, a tree protection plan shall be
prepared by a certified arborist for the trees to be retained. In addition, the following
measures shall be added to the protection plan:
• For trees to be retained, chain link fencing and other root protection shall be installed
around the dripline of the tree prior to any project site work.
• No parking or vehicle traffic shall be allowed under root zones, unless using buffers
approved by the Project Arborist.
• No trenching within the critical root zone area is allowed. If trenching is needed in the
vicinity of trees to be retained, the City's consulting arborist shall be consulted before any
trenching or root cutting beneath the dripline of the tree.
• Wood chip mulch shall be evenly spread inside the tree projection fence to a four-inch
depth.
• Tree protection conditions shall be posted on the tree protection barriers.
• Retained trees shall be watered to maintain them in good health.
• A covenant on the property shall be recorded that identifies all the protected trees, prior to
final occupancy.
Resolution No. 6623 M-2011-01 March 22, 2011
Page-6-
The tree protection measures shall be inspected and approved by the certified arborist prior to
issuance of building permits. The City's consulting arborist shall inspect the trees to be
retained and shall provide reviews prior to issuance of demolition, grading or building
permits. A report ascertaining the good health of the trees mentioned above shall be
provided prior to issuance of final occupancy.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
17. STREET WIDENING
Public street widening and dedications shall be provided in accordance with City Standards
and specifications and as required by the City Engineer.
18. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance with
grades and standards as specified by the City Engineer.
19. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer. Lighting
fixiures shall be positioned so as to preclude glare and other forms of visual interference to
adjoining properties, and shall be no higher than the maximum height permitted by the zone
in which the site is located.
20. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
21. GRADING
Grading shall be as approved and required by the City Engineer 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.
22. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Hydrology and pre- and
post-development hydraulic calculations must be 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 of the site and improve water quality. The storm drain system shall be designed to
detain water on-site (e.g., via buried pipes or other appropriate means of storage) as necessary
to avoid an increase of one percent flood water surface elevation of the culvert to the
satisfaction of the City Engineer.
23. UNDERGROUND UTILITIES
The 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. The
developer shall submit detailed plans showing utility underground provisions. Said plans
shall be subject to prior approval of the affected Utility provider and the City Engineer.
Resolution No. 6623 M-2011-01 March 22, 2011
Page-7-
24. IMPROVEMENT AGREEMENT
The project developer shall enter into a development agreement with the City of Cupertino,
when the City Engineer deemed appropriate, providing for payment of fees, including but not
limited to checking and inspection fees, storm drain fees, park dedication fees and fees for
under grounding of utilities. Said agreement shall be executed prior to issuance of
construction permits
Fees:
a. Checking & Inspection Fees: $ Per current fee schedule
b. Grading Permit: $ Per current fee schedule
c. Development Maintenance Deposit: $1,000.00
d. Storm Drainage Fee: $ TBD
e. Power Cost: **
f. Map Checking Fees: N/A
g. Park Fees: N/ A
h. Street Tree By Developer
** Based on the latest effective PG&E rate schedule approved by the PUC
Bonds:
Faithful Performance Bond:100% of Off-site and On-site Improvements
Labor & Material Bond:100% of Off-site and On-site Improvement
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.
25. TRANSFORMERS
Electrical transformers, telephone vaults and similar above ground equipment enclosures
shall be screened with fencing and landscaping or located underground such that said
equipment is not visible from public street areas. The transformer shall not be located in the
front or side building setback area.
26. 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.
27. DEDICATION OF WATERLINES
The developer shall dedicate to the City all waterlines and appurtenances installed to City
Standards (if any) and shall reach an agreement with San Jose Water Company for water
service to the subject development.
28. NPDES CONSTRUCTION GENERAL PERMIT
For any land disturbance greater than 1 acre in area, the developer must obtain a Notice of
Intent (NOI) from the State Water Resources Control Board, which encompasses preparation
. Resolution No. 6623 M-2011-01 March 22, 2011
Page-8-
of a Storm Water Pollution Prevention Plan (SWPPP), use of construction Best Management
Practices (BMPs) to control storm water runoff quality, and BMP inspection and maintenance.
29. C.3 REQUIREMENTS
C.3 regulated improvements are required for all projects creating and/or replacing 10,000 S.F.
or more of impervious surface (collectively over the entire project site). The developer shall
reserve a minimum of 4% of developable surface area for the placement of low impact
development measures, for storm water treatment, on the tentative map, unless an alternative
storm water treatment plan, that satisfies C.3 requirements, is approved by the City Engineer.
The developer must include the use and maintenance of site design, source control and storm
water treatment Best Management Practices (BMPs), which must be designed per approved
numeric sizing criteria. A Storm Water Management Plan, Storm Water Facilities Easement
Agreement, Storm Water Facilities Operation and Maintenance Agreement, and certification
of ongoing operation and maintenance of treatment BMPs are each required.
All storm water management plans are required to obtain certification from a City approved
third party reviewer.
30. EROSION CONTROL PLAN
The 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 stafed on the plans.
31. 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.
32. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
33. OPERATIONS & MAINTENANCE AGREEMENT
The developer shall enter into an Operations & Maintenance Agreement with the City prior to
final occupancy. The Agreement shall include the operation and maintenance for non-
standard appurtenances in the public road right-of-way that may include, but is not limited
to, sidewalk, pavers, and street lights.
34. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Environmental Programs
Manager. Clearance by the Public Works Department is needed prior to obtaining a building
permit.
35. REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs Manager in regards
to refuse truck access for the proposed development.
36. STREET TREES
Street trees shall be planted within the Public Right of Way, when specified by the City
Engineer, and shall be of a type approved by the City in accordance with Ordinance No.125.
Resolution No. 6623 M-2011-01 March 22, 2011
Page-9-
37. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
38. SANTA CLARA WATER DISTRICT CLEARANCE
Provide Santa Clara water district approval before recordation of the final map when
necessary. The developer shall pay for and obtain Water District permit for activities or
modifications within the District easement or fee right of way or affecting District facilities.
39. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior
to issuance of building permits.
40. 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.
41. UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property (including PG&E,
PacBell, and California Water Company, and/or equivalent agencies) will be required prior to
issuance of building permits.
42. ROAD WAY AND DRAINAGE IMPROVEMENT REQUIREMENTS
Provide full design plans for both the proposed road extension and all necessary storm
drainage improvements. Plans and submittal documents shall include grading quantities,
proposed contours and spot elevations, a profile of the road extension in comparison with
existing elevations, calculated square footage of proposed impervious surface area, calculated
increase in storm drain runoff due to increased impervious area and fully designed storm
drain and detention/retention system to ensure there is no increase in storm drain runofE
from the property. Any retaining walls over 4-feet in height from top of wall to bottom of
foundation will require full structural design with calculations.
PASSED AND ADOPTED this 22nd day of March 2011, at a Regular Meeting of the Planning
Cominission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Chair Lee, Vice Chair Miller, Brophy, Sun, Brownley
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ATTEST: APPROVED:
/ s/ Aarti Shrivastava / s/ Winnie Lee
Aarti Shrivastava Winnie Lee, Chair
Director of Community Development � Planning Coinmission
G: � Planning � PDREPORT� RES � 2010 � M-2010-09 res.doc
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