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Planning Commission approves Gate of Heaven mausoleum expansion and five‑tree removal with replacement

2558717 · March 12, 2025
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Summary

The commission approved a use‑permit modification, architectural/site approval and tree‑removal permit for a 275‑crypt garden mausoleum at Gate of Heaven Cemetery; the project will remove five European white birch trees with replacement plantings required under the city's tree ordinance.

The Cupertino Planning Commission approved a use‑permit modification, architectural and site approval, and a tree removal permit to allow construction of a roughly 3,400‑square‑foot garden mausoleum with about 275 crypts and roughly 224 niches at Gate of Heaven Cemetery (22557 Cristo Del Rey).

Why it matters: The cemetery is an established memorial park within Cupertino. The project adds crypt capacity and niche space and includes removal of five European white birch trees adjacent to the proposed structure; the applicant proposed replacement plantings as required under the municipal code.

What staff reported: John Martyr, senior planner, explained the cemetery site is about 58 acres on the western side of the city and that mausoleums have been approved there historically. The proposed garden mausoleum is adjacent to an existing mausoleum and chapel; the nearest single‑family residences are about 760 feet away, according to the staff presentation. Staff recommended the planning commission find the project categorically exempt from the California Environmental Quality Act under the small‑structures provision (staff cited section 15303) and adopt the draft resolution approving the use‑permit modification, architectural/site approval and tree removal permit. The draft condition set requires replacement trees per the municipal code’s replacement ratio (staff noted replacement in 24‑inch box size per the code standard).

Public comment: Jennifer Griffin and a Zoom speaker (Lisa) spoke in favor of careful stewardship of the cemetery grounds and urged that replacement trees be robust. Lisa asked the applicant to consider larger replacement trees and praised the project as more acceptable than a previous larger development at the site.

Applicant statement: A Gates of Heaven representative said the cemetery routinely balances tree planting and removal; the applicant said they are cautious about adding trees in the grassy memorial area and that the proposed design matches existing mausoleum architecture. The applicant noted prior mausoleum construction on the site and said the cemetery tries to maintain a tranquil setting.

Commission discussion and vote: Commissioners, including Fung and others who had visited the site, expressed support. The motion to approve the staff recommendation passed unanimously with Commissioner Lindscoff absent. Tree removal approval requires the applicant to provide replacement plantings consistent with the municipal code’s tree‑replacement rules.

Next steps: The applicant must submit any required landscape and replacement tree plans and comply with conditions of approval; building permits and tree replacement enforcement will occur through the city’s standard permit and inspection process.