3/19/2024 Item #7
City of Santa Clara
City Council
A Item #7 RTC24-238
1957 Pruneridge Avenue
1852
THE MISSION CIT
March 19, 2024
1 1957 Pruneridge Avenue City of
Santa Clara
The Center of What's Possible
Request
To allow for the development of 22 detached single-family residences:
• Environmental Impact Report (EIR) and Mitigation Monitoring and Reporting Program (MMRP)
• Rezone from Public, Quasi-Public, and Public Park or Recreation (B) to Planned Development (PD)
• Vesting Tentative Subdivision Map to subdivide the property into individual for-sale lots and four common lots.
2 2
POST MEETING MATERIAL
1 1957 Pruneridge Avenue City of
Santa Clara
The Center of What's Possible
Subject Site
• Site Area: 2.47 acres
• Location: North side of
Pruneridge Avenue, just west
of Winchester Boulevard
• Existing Site Conditions:
Developed with the former St. assrooms
Marks Church complex Church
including a classroom building,
Parish, and Church Parish
3 3
1957 Pruneridge Avenue City of
Santa Clara
he Camero was Possible
Location Context
O Single-Family Residential
• Multi-Family Residential
• Commercial
4 4
1957 Pruneridge Avenue City of
Santa Clara
The Center of What's Possible
General Plan & Zoning
• General Plan: Very Low Density Residential (up to 10 units per gross acre • Zoning: B - Public, Quasi-Public, and Public Park or Recreation Very Lea 41-0
R1-9
a1.23
Fasidertis
Buttin
General Plan Map Zoning Map
5 1957 Pruneridge Avenue City of
Santa Clara
The Center of What's Possible
Public Outreach
• 2 Virtual Community Meetings:
- November 16, 2022
• Concerns / Issues Raised by Residents:
-Property Maintenance - Shade and Shadow
- Construction Activities - Privacy
- Site Circulation and Parking
- August 30, 2023
• Remaining Concerns / Issues Raised by Residents:
- Driveway location and potential related congestion at the Pruneridge/Winchester Intersection
6 6
3 1957 Pruneridge Avenue City of
Santa Clara
The Center of What's Possible
Proposed - Site Plan
1 kr15'
PLANE
ESCE WIGATE
SEE DETAIL A
SHEET 12
- CONCRETE PAVERS
• CONCRETE
DANAWAY S/SCOXE
PATTERN, TYFICAL
IRER, TYRICAL
36.5 (27'
PRUNERIDGE AVENUE
ANDSCATE BRILDER
7 1957 Pruneridge Avenue City of
Santa Clara
The Centero has Possib
Proposed - Floor Plans
a eye gape
2ND FOR 1515 00R
Plan 1 Plan 2
8 8
4 1957 Pruneridge Avenue City of
Santa Clara
The Center of What's Possible
Proposed - Elevations
KEYNOTES
31' B
MELETE BROW
SORE VERLE
nocatev
IRONT ELEVATON
RAMSEATON
1957 Pruneridge Avenue City of
Santa Clara
The Centero Whats Possible
Proposed - Tentative Map
10 ¡ 124 11
APN S0S-03-04:
PRUNERIDGE AVE
10 10
1957 Pruneridge Avenue City of
Santa Clara
CEQA Review
• An Environmental Impact Report (EIR) was prepared for the project • The Draft Environmental Impact Report and Notice of Availability were posted for public review between 11-17-23 and 1-2-24
• No public or agency comments were submitted during the review period • Significant unavoidable project level and cumulative cultural resources impacts were identified with demolition of the church
• The CEQA resolution makes findings to adopt an MMRP, and Statement of Overriding Considerations finding that there exist certain overriding economic, social and other considerations for approving the Project that "justify the occurrence of the cultural resource impact 11 1957 Pruneridge Avenue City of
Santa Clara
The Center of What's Possible
Historical & Landmarks Commission
Recommendation:
• The HLC considered the project and EIR at a public noticed meeting on December 7, 2023 and did not recommend the church property for listing on the City's Historic Resource Inventory.
• The HLC recommended certification of the EIR with the following recommendations:
- Developer to create a memorial to the church (using the Architect William May's name) utilizing materials from the church in the memorial if the church is not relocated.
- Developer to return to the HLC to present the memorial design. 12 12
6 1957 Pruneridge Avenue City of
Santa Clara
The Center of What's Possible
Planning Commission
Recommendation:
On February 21, 2024, the Planning Commission unanimously voted to recommend approval of the project (7-0), with the following added conditions:
• Developer shall use reasonable efforts, to the satisfaction of the Director of Community Development, to obtain documentation from the Diocese of the previous church on the site, Saint Mark's, regarding the disposition of the human remains and details as to their new location.
• Provide "Right Turn Only During Peak Hours" signage for the project driveway.
13 13
1957 Pruneridge Avenue City of
Santa Clara
The Center of What's Possible
Recommendation
Conditions of Approval
• Applicant has requested to remove Condition P5, which requires a "complete street" sidewalk section (sidewalk with a landscape strip at the curb); and • to modify Condition P23 to remove the text which states that the approval is, "issued in reliance upon the developer's assurance that no natural gas infrastructure will be installed at any time and is an express basis for granting the PD rezoning." Condition P23 has now been revised to state:
- In order to be consistent with the greenhouse gas analysis in the project CEQA documents, no natural gas infrastructure shall be installed on the project site. If the developer seeks to install natural gas infrastructure in the future, the developer must first seek an amendment to the PD zoning. 14 14
7 1957 Pruneridge Avenue City of
Santa Clara
The Center of What's Possible
Recommendation
• Adopt a Resolution to certify the EIR and adopt CEQA Findings, a Statement of Overriding Considerations, and the MMR Program.
• Adopt a resolution containing findings to approve a rezoning of the project site from Public, Quasi-Public, and Public Park or Recreation (B) to Planned o a dran anyon any retire with altanted and detached garages, 1s bioretention areas to serve the development, subject to conditions of approval. 15 City of Santa Clara
City Council
CITY OF
Item #7 RTC24-238
1957 Pruneridge Avenue
1852
THE MISSION CITY
March 19, 2024
16 8
March 19, 2024 Applicant Presentation Item #/
RTC 24-238
1957 PRUNERIDGE AVENUE
SCS DEVELOPMENT CO.
1 SITE LOCATION
Woodland Ave
Woodland Ave Woodland Ave
Minchastor Riva
Pruneridae Ave Pruneridge Ave Pruneridge Ave
center dare ducation
2 POST MEETING MATERIAL
1 March 19, 2024 Applicant Presentation Item #7
RTC 24-238
SITE PLAN
ARCHITECTURAL RENDERINGS
PRUNERIDGE FRONTAGE
4 2
March 19, 2024 Applicant Presentation Item #7
RTC 24-238
ARCHITECTURAL RENDERINGS
PRUNERIDGE FRONTAGE
ARCHITECTURAL RENDERINGS
PRUNERIDGE FRONTAGE
3 March 19, 2024 Applicant Presentation Item #7
RTC 24-238
ARCHITECTURAL RENDERINGS
PRUNERIDGE FRONTAGE
ARCHITECTURAL RENDERINGS
NEIGHBORS FRONTAGE
March 19, 2024 Applicant Presentation Item #7
RTC 24-238
ARCHITECTURAL RENDERINGS
NEIGHBORS FRONTAGE
ARCHITECTURAL RENDERINGS
PRIVATE COURTYARD
10 March 19, 2024 Applicant Presentation Item #7
RTC 24-238
TYPICAL FLOOR PLAN
599E
а сухоциок
2ND FLOOR 1ST FLOOR
11 PROJECT BENEFITS
• Providing 22 opportunities for a new single-family home purchase in an area that is in dire need for more housing opportunities.
• Providing 3 new single-family homes within this subdivision that will be made available at a Below Market Rate price.
• Payment of over $62,000 per unit (nearly $1.4 million for the entire project) for parkland dedication. • Substantially reducing the amount of impervious surface area from the sites existing use. 12 6
March 19, 2024 Applicant Presentation Item #7
RTC 24-238
PLANNING DEPARTMENT RECOMMENDATION
COA P5 of the Rezoning Application: "Developer shall construct a complete street section along the project ontage of Pruneridge Avenue to include a 5-foot landscape strip with 4.5-feet of clear planting width and a 5 ot sidewalk behind the landscape strip. The landscape strip is to include trees (minimum 24-inch box) an drought tolerant planting."
Our objection regarding COA P5 stems from the fact that all the Pruneridge Avenue frontage on the developments side from - Winchester to Lawrence Expressway is monolithic; and therefore, we wanted to give the City Council the opportunity to approve this project to fit in with the surrounding community and conditions. We felt it was most appropriate from the very beginning of this process to have a monolithic sidewalk be apart of this development to coincide with the existing community as most, if not all, of the properties (single family homes) along Pruneridge will never be developed, and therefore, remain with monolithic sidewalks.
- w
7 Hand Delivered Chris Sarbaugh
1329 Meadowlark Avenue
San Jose, CA 95128
March 19, 2024
Mr. Alexander Abbe
Assistant City Attorney
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
RE: REQUEST FOR CONTINUATION OF ITEM 7. ON THE
CITY COUNCIL AGENDA FOR MARCH 19, 2024
Mr. Abbe, at the February 21, 2024 Planning Commission for the proposed project at 1957 Pruneridge Avenue I raised several concerns regarding the proposed EIR and the project. After I had finished speaking you suggested that I could still submit additional comments regarding this project.
After the Planning Commission had concluded action on this project the Developer Representative approached me to discuss the project and asked for my phone number, which I gave him.
Subsequently, the Developer Representative did contact me and indicated he was working on getting the letter from the Church addressing the cremated remains and their relocation.
Additionally, the Developer Representative indicated a Mr. Joe Head was working with the Church on behalf of the Developer of this project. Mr. Head had indicated that all the remains at St. Mark's had been removed and that each of the cremated remains were in a burlap bag buried in the ground.
On Monday March 18, 2024 at 12:44 p.m. I sent the Developer Representative following text message:
Hi Cory, Have you received from Joe Head a copy of the Church's letter concerning all buried remains have been removed from St. Mark's and where the remains are now located? Thanks, Chris
In the afternoon the Developer Representative contacted me and indicated the St. Mark's remains had been moved to Saint Jude's Church in Cupertino, but that he did not have written notification form St. Mark's Church and is still working on getting the letter. I indicated to the Developer Representative that I would be requesting a continuance of the Public Hearing until such time as the letter from the Church is submitted for City Council and public review.
Saint Mark's Memorial Garden Cemetery
This project was heard at the February 21, 2024 Planning Commission Meeting. At the Hearing I stated the Draft EIR did not address or analyze the existence of St. Mark's Memorial Garden Cemetery and the approximately 47 individuals whose cremated remains are interred on the Saint.
Mark's Church site. Attached is a listing of the names of individuals whose cremated remains are interred on the Church site. (See Attachments 1&2)
The representative for SCS Development stated to the Planning Commission that he thought there might be a letter from the Church that all remains were removed and that he would look into the matter.
Based upon this information the Planning Commission placed a new Condition of Approval that the Developer was required to submit a letter from the Church that all remains have been removed.
It should be noted the existing Zoning for the subject site permits as an allowed use churches and cemeteries. The State of California does not regulate religious cemeteries. (See Attachment 4) On July 30, 2020 St. Mark's Episcopal Parish (1957 Pruneridge Avenue) was legally merged into The Episcopal Church in the Diocese of the El Camino Real (located in Salinas, CA). (See Attachment 5)
On August 1, 2022 The Episcopal Church in the Diocese of the El Camino Real as owners of the property located at 1957 Pruneridge Avenue through a Grant Deed sold the subject property to Santa Clara de Asis, LLC (SCS Development). (See Attachment 6) Since, July 30, 2020 St. Mark's Parish has no longer existed and all ownership and control of 1957 Pruneridge Avenue belonged to Diocese of the El Camino Real, until the Diocese sold the property on August 1, 2022.
If the Diocese of the El Camino Real has removed all of the cremated remains from St. Mark's Memorial Garden Cemetery, what documentation exists and have the families and relatives of each of the deceased been notified of the new location?
It might be appropriate to place a condition on the Planned Development Permit that a monument plaque be erected on the subject site discussing St. Marks Church and the Memorial Garden Cemetery listing the names of the deceased and where they are now located.
Lastly, there was a sculpture of a Celtic Cross erected next to St. Mark's Church. The Celtic Cross has been removed and only the footing for the Cross remains. The Celtic Cross is where a majority of the cremated remains are buried.
St. Mark's Site and Garden Path with Eight (8) Mediation Centers The history of the property and significance of St. Mark's Church are discussed in the Draft EIR and in Appendix D: DPR Evaluation. The California Office of Historic Preservation requires the use DPR 523 forms for the recording and evaluating the historical significance of building, sites and individual resources.
Urban Programmers (UP) prepared the DPR 523 forms of the history and significance of the existing property, buildings and individual resources. A separate Peer Review is required of the
DPR 523 report prepared by Urban Programmers. AHC-Archaeological/Historical Consultants prepared a review of the DPR 5223 report.
Neither report discusses the Memorial Garden Cemetery or the Garden Path with Meditation Centers. The Garden Path with Mediation Centers begins on the easterly side of St. Mark's Church and meanders along the easterly side of the Church proceeding along the southerly side of the Church on Pruneridge Avenue toward the front of the building. The Garden Path with Mediation Centers was created by Marge Richards an artist who was a member of St. Mark's Church. (See Attachment 3)
Along the Garden Path are eight (8) Meditation Centers. Each Station consists of a low-profile monument and a sitting bench, although some of the benches are missing or have been damaged.
On top of each monument is a title nameplate. Marge Richards created on a glazed clay tile a colored work of art reflecting the title for each of the separate nameplates. The art work is framed in wood and recessed into the headstone with glass covering the image.
The Mediation Centers List: 1. Creation 2. Covenant 3. The Law and The Prophets 4. Deliverance
5. The Nativity 6.The Passion and Crucifixion 7. Easter 8. Pentecost.
On-Site Tree Removal Prior to Completion of EIR
In May of 2023 St. Mark's property had overgrown weeds several feet high and along Pruneridge Avenue. A contractor removed the weeds and additional several large coast redwoods along Pruneridge Avenue.
At the February 21, 2024 Planning Commission Hearing I mentioned trees being removed prior to project approval. The representative for SCS Development addressed the Planning Commission and indicated his surprise when he saw the trees removed and contacted the utility who said the trees were a hazard to the utility line. The only utility in Santa Clara was Silicon Valley Power (SVP), which is owned and operated by the City of Santa Clara. Additionally, the EIR on page 4 under Off-site Improvements states that existing overhead utility poles along Pruneridge will be removed and placed underground.
Appendix B: Arborist Report dated 10/20/22 from the Draft EIR on page 12 of 37 shows a Tree Map. The trees removed are numbered 3,4,5,6 and 26. It appears trees 3 and 26 were removed after the Arborist Report dated 10/20/22, but before may of 2023. The three (3) trees removed in May 2023 were Coast Redwoods, see page 7 of 37 of the Arborist Report. The arborist indicates that 3 of the 4 Coast Redwoods although not in good shape would be able to recover with regular watering.
Coast Redwoods are listed as a protected tree in the City of Santa Clara's General Plan.
obtaining a permit from the City...".
The Arborist Report needs to be updated and amended to show current conditions of trees and flora prior to City Council action.
Notice of Preparation (NOP) and Draft BIR
Prior to the City's preparation of a Draft EIR a Notice of Preparation (NOP) was issued on May 8, 2023. The NOP is a scoping process to allow Agencies and the public to identify issues that should be addressed in the Draft BIR.
May 25, 2023 was the last day to submit NOP comments. I submitted written comments dated May 24, 2023 and the written comment letter was stamped received on May 25, 2023 by the Planning Division.
In September of 2023 the City issued a Draft EIR for review and comments by the public. Page 1 of the Draft EIR under Section 1.2.2 states that Notice of Availability of the Draft EIR will be sent every agency, person, and organization that commented on the Notice of Preparation (NOP). I submitted written comments on the NOP, but did not receive the Notice of Availability of the Draft EIR.
Request For Continuation of Item 7.
On February 25, 2022 The Silicon Valley Voice posted an article entitled St. Mark's Episcopal Church Closes. (See Attachment 7) The following is from this article:
•Before the service, Snyder met with old friends, including Paul Brannon, who joined the church in 1962, just two years after she did.
"It was a big deal finding out that it was going to be closing last year," said Brannon. "It was even bigger to me because a lot of people you'll see along the side of the buildings, little brass plaques, parishioners' ashes are spread around here." Brannon's father was among those who had their ashes spread at the church. His niece, Deanna Tryon, also managed to make it to the deconsecration ceremony. She joined the church when she was just one year old and says a lot of family memories were made inside.
The Developer has indicated all the remains on St. Mark's Memorial Garden Cemetery site consisted of each persons cremated remains were buried in the ground in a separate burlap bag.
This directly contradicts actual parish members who have stated above that ashes were spread and around at the church
The EIR does not address Saint's Mark's Memorial Garden Cemetery, the 47 cremated remains buried on the property, the Garden Path with Eight (8) Meditation Centers, and that Appendices B and D need to be redone.
Please record all the material I've submitted as part of this Projects file. Please contact me if you have any questions, my number is (408) 7074077.
Sincerely,
Ches backaugh
Chris Sarbaugh
Attachments: 1thru7
ATTACHMENTS
Attachment 1: Saint Mark's Memorial Garden Cemetery
Saint Mark's Episcopal Church and the Memorial Garden Cemetery Shown to the Left Saint Mark's Memorial Garden Cemetery Sculpture of Celtic Cross (Removed) North Side of Church Showing Headstone Plaques on wall below Stain Glass Memorial Garden Cemetery to the Left of Headstone Plaques Typical Headstone Plaques
Helen Prendergaet
1927 - 2015
ATTACHMENTS
Attachment 2: Listing of Cremated Interred Remains
Memorials in Saint Marks Episcopal Church Memorial Garden - Find a Grave Find a GRaVE:
Marion Ackerman
unknown - Sep 2015
Stanley Spiridon Adams
27 Apr 1909 - 15 Apr 1998
Winifred Adams
3 Jun 1915 - 2002
John Arbuckle
8 Dec 1902 - 5 Feb 1996
Margaret Farquhar Murdoch Arbuckle
4 Sep 1905 - 31 May 1995
LaVesta Bartlett Berger
12 Feb 1910 - 15 Aug 2000
Lewis Saint Clair Berger
28 Jan 1904 - 19 Feb 1972
Richard Roy Boyle
12 Feb 1928 - Apr 1994
https://www.findagrave.com/cemetery/2741283/memorial-search?cemeteryName=Saint Marks Episcopal Church Memorial Garden&page=1#sr-23379... 1/6 Memorials in Saint Marks Episcopal Church Memorial Garden - Find a Grave Ward Brannon Jr.
6 Aug 1920 - 28 May 2014
Frances Helene Merckens Bresette
17 Sep 1940 - 18 Jan 2016
Josephine Mary Bull Clark
18 Jul 1925 - 2 Jan 2016
Waldo Lemuel Cobb
11 Oct 1918 - 23 Aug 2017
Winifred Ruth Paynter Cobb
19 Jun 1918 - 2017
John Allen Cole
8 Feb 1922 - 2005
Carolin Jayne Combs
22 Aug 1954 - 26 Jan 2007
Armand Joseph Delpero
26 Oct 1918 - 9 Feb 2009
Linda McChesney Delpero
1948 - 2012
https://www.findagrave.com/cemetery/2741283/memorial-search?cemeteryName=Saint Marks Episcopal Church Memorial Garden&page=1#sr-23379... 2/6 Memorials in Saint Marks Episcopal Church Memorial Garden - Find a Grave John Colin Duncan
28 Jul 1957 - 3 Sep 1994
Timothy Craig Fields
9 Jan 1954 - 28 Dec 1999
Hazel Viola Brown Harper
6 Apr 1905 - 11 Jul 1991
Maxine Rosa McLaughlin Holtz
20 Sep 1928 - 12 Nov 2009
Patricia Lily Hoyle
7 Apr 1936 - 11 Feb 1998
Pauline F. Hughes
28 Jun 1923 - 2 Jun 2000
Floye Jackson
1926 - 2017
Ama Lee Jameson
9 Aug 1910 - 5 Aug 1994
Mildred L Johnson
1923 - 1993
https://www.findagrave.com/cemetery/2741283/memorial-search?cemeteryName=Saint Marks Episcopal Church Memorial Garden&page=1#sr-23379... 3/6 Memorials in Saint Marks Episcopal Church Memorial Garden - Find a Grave Robert William Johnson III
23 May 1943 - 24 Aug 1998
Mattie Belle Kern Jones
15 Oct 1891 - 20 Apr 1991
Carl Alfred "Al" Larson Jr.
25 Jun 1918 - 9 Feb 2004
Ruth Elaine Maciver
13 Apr 1923 - 1 Apr 2009
Carmen Eldridge Marie
18 Mar 1917 - 25 Jul 2010
George Vance Maverick
11 Feb 1929 - 16 Oct 1992
Georgia Edmonds May
29 Sep 1924 - 29 Apr 2006
William Norman May
17 Jan 1923 - 27 Oct 2001
Irene Carter McClung
21 Sep 1908 - 2007
https://www.findagrave.com/cemetery/2741283/memorial-search?cemeteryName=Saint Marks Episcopal Church Memorial Garden&page=1#sr-23379... 4/6 Memorials in Saint Marks Episcopal Church Memorial Garden - Find a Grave Sharlene Louise McGee
22 Feb 1935 - 2015
Elizabeth Draper Meagher
18 Sep 1913 - 10 Nov 2004
Rev Frederic Warren "Fred" Meagher
26 May 1917 - 6 Mar 2002
Helen Ketelsen Prendergast
a Predat
BIT -BRIST 15 Feb 1927 - 16 Sep 2015
John Patrick "Jack" Prendergast
12 Nov 1922 - 20 Nov 1992
Charlee Elaine Daniels Saboff
CHAN PLANE BARO
23 Oct 1930 - 21 Feb 2009
Davis Talmage Spence
6 Feb 1927 - 8 Aug 1994
Fred Charles Warcloud
26 May 1916 - 15 Dec 1990
Melrose Jameson Waterman
22 Mar 1908 - 2008
https://www.findagrave.com/cemetery/2741283/memorial-search?cemeteryName=Saint Marks Episcopal Church Memorial Garden&page=1#sr-23379... 5/6 Memorials in Saint Marks Episcopal Church Memorial Garden - Find a Grave RADM Thomas Michael Wolverton
20 Jun 1903 - 6 Jul 1981
John Wonick
16 Oct 1926 - 20 Sep 1989
Benjamin Weston Woodward
22 Jul 1908 - 2 Jun 2006
https://www.findagrave.com/cemetery/2741283/memorial-search?cemeteryName=Saint Marks Episcopal Church Memorial Garden&page=1#sr-23379... 6/6
ATTACHMENTS
Attachment 3: Garden Pathway with Eight Meditation Centers Garden Path and Mediation Centers - No. 1 Creation
These Memoriak Tiles
Have Beep Creared
•by
Marge Richards
ichards
Creation
Garden Path and Mediation Centers - No. 2 Covenant
Garden Path and Mediation Centers - No. 2 Covenant
Covenant
Garden Path and Mediation Centers - No. 1 Creation
Garden Path and Mediation Centers - No. 3 The Law and The Prophets The Law
and
The Prophets
Garden Path and Mediation Centers - No. 4 Deliverance
Deliverance
Garden Path and Mediation Centers - No. 5 The Nativity
The
Nativity
Garden Path and Mediation Centers - No. 5 The Nativity
Garden Path and Mediation Centers - No. 6 The Passion and Crucifixion The Passion
and
Crucifixion
Garden Path and Mediation Centers - No. 6 The Passion and Crucifixion Garden Path and Mediation Centers - No. 7 Easter
Easter
Garden Path and Mediation Centers - No. 8 Pentecost
Pentecost
ANANA
ATTACHMENTS
Attachment 4: California Health and Safety Code Article 11.7980 3/5/24, 2:01 PM Codes Display Text
California.
LEGISLATIVE INFORMATIUN
Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Code: [Select Code v] Section: 1 or 2 or 1001 Search
Up^ Add To My Favorites
HEALTH AND SAFETY CODE - HSC
DIVISION 7. DEAD BODIES [7000 - 8030] (Division 7 enacted by Stats. 1939, Ch. 60.) PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. )
ARTICLE 11. Religious Observances [7980- 7980.] ( Article 11 enacted by Stats. 1939, Ch. 60. ) 7980. The heirs, relatives or friends of any decedent whose remains have been interred in any cemetery owned, governed or controlled by any religious corporation or by any church or religious society of any denomination or by any corporation sole administering temporalities of any religious denomination, society or church, or owned, governed or controlled by any person or persons as trustee or trustees for any religious denomination, society or church shall not disinter, remove, reinter or dispose of any such remains except in accordance with the rules, regulations and discipline of such religious denomination, society or church.
The officers, representatives or agents of the church or religious society shall be the sole judge of the requirements of the rules, regulations and discipline of such religious denomination, society or church. (Enacted by Stats. 1939, Ch. 60.)
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtm/?lawCode=HSC&division=7.&title=&part=2.&chapter=4.&article=11. 1/1
ATTACHMENTS
Attachment 5: Corporation Grant Deed Doc. Recording No. 24559414 to Santa Clara Couns to really submitted
RECORDING REQUESTED BY: 24559414
Regina Alcomendras
Old Republic Title Company Santa Clara County - Clerk-Recorder 07/30/2020 11:43 AN
EscroW N: 303-03-022 Titles: 1 Pages: 4
303-03-025 Fees: $34.00
Tax: $731.50
When Recorded Mail Document and Tax Statements to: Total: $765.50 The Episcopal Church in The Diocese of El Camino Real
Attn: Canon for Administration
P.O. Box 689
Salinas, CA 93902
_SPACE ABOVE THIS LINE IS FOR RECORDER'S USE_
Corporation Grant Deed
Exempt from fee per GC27388.1(a)(2);
Declarant #23$731050
The undersigned grantors) declares):
Documentary Transfer Tax is Just Mursuant to California Revenue and Taxation Code Section 62 (X) computed on full value of property conveyed, or
() computed on full value less of llens and encumbrances remaining at time of sale. () Unincorporated area: (X) City of Santa Clara
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The Rector, Wardens and Vestrymen of St. Mark's Parish, in Santa Clara, a Corporation hereby GRANT(S) to
The Episcopal Church in The Diocese of El Camino Real
that property in City of Santa Clara, Santa Clara County, State of California, described as:
*** See "Exhibit A" attached hereto and made a part hereof. *** Grant Deed MAIL TAX STATEMENTS AS DIRECTED ABOVE Page 1 of 2 DOC #24559414 Page 4 of 4
DocuSign Envelope ID: CB5236A2-A1A1-4C84-BB2A-4765BE106A63
DECLARATION OF PRESIDENT OF THE EPISCOPAL CHURCH IN THE DIOCESE OF EL CAMINO REAL I, The Rt. Rev. Lucinda Ashby, Bishop and President of The Episcopal Church In The Diocese Of El Camino Real, do hereby declare under penalty of perjury that:
1. The corporation of Rector, Wardens and Vestrymen of Saint Marks Parish In Santa Clara, located at 1957 Pruneridge Ave., Santa Clara, CA, 95050 was merged into The Episcopal Church in The Diocese Of El Camino Real as evidenced by the attached certified copy of Merger Agreement dated as of July 1, 2020.
2. The Assessor's Parcel number for 1957 Pruneridge Ave., is APN 303-03-25.
3. All assets and liabilities of Rector, Wardens and Vestrymen of Saint Marks Parish In Santa Clara were transferred to The Episcopal Church In The Diocese Of El Camino Real as a result of such merger.
4. The merger was between two religious corporations, both subject to the canons of The Episcopal Church and the Diocese of El Camino Real. This should place the change of title requested in the attached document under the exemption to taxation found in California Revenue and Taxation Code 62(k).
I further declare under penalty of perjury under the laws of the State of California that the matters set forth in this certificate are true and correct of my own knowledge. 7/21/2020 | 12:22 PM PDT
DATED
The Ellincopal Church In The Diocese Of El Camino Real
Lucinda Asuby
22-089F78020488
The Rt. Rev. Lucinda Ashby, Bishop and President
ATTACHMENTS
Attachment 6: Grant Deed Doc. Recording No. 25351419
*This document was electronically submitter
RECURDING REQUESTED BY o Santa Clara County for recording* FIRST AMERICAN TITLE 25351419
0131-625173ala Regina Alcomendras
Santa Clara County - Clerk-Recorder
RECORDING REQUESTED BY, 08/01/2022 01:28 PM
WHEN RECORDED RETURN TO AND MAIL Titles: 1 Pages: 3
TAX STATEMENTS TO: Fees: $21.00
Tax: $13475.00
Santa Clara de Asis, LLC Total: $13496.00
404 Saratoga Avenue, Suite 100
Santa Clara, CA 95050
APN: 303-03-025 SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT DEED
The undersigned Grantor(s) declare(s) under penalty of perjury that the following is true and Documentary transfer tax is 513,475° City transfer tax is So.
Computed on full value of property conveyed, or
Computed on full value less value of liens and encumbrances remaining at time of sale.
Unincorporated area: • City of Santa Clara, and
EXEMPT FROM BUILDING HOMES AND JOBS ACT FEE PER GOVERNMENT CODE §27388.1(a)(2).
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The Episcopal Church in the Diocese of El Camino Real, a California non-profit corporation ("Grantor"),
hereby GRANTS to:
Santa Clara de Asis, LL.C, a California limited liability company ("Grantee"), All that real property situated in the City of Santa Clara, County of Santa Clara, State of California, described on Exhibit "A" attached hereto.
Executed on July 27, 2022
GRANTOR:
THE EPISCOPAL CHURCH IN THE DIOCESE OF EL CAMINO REAL,
a California non-profit corporation
Name: The Rev. Kristine A. Johnson
Title: Vice President
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Attachment 7: The Silicon Valley Voice Article on St, Mark's 3/15/24, 7:51 PM St. Mark's Episcopal Church Closes - The Silicon Valley Voice
THE SILICON VALLEY VOICE
Power To Your Voice
St. Mark's Episcopal Church
Closes
Erika Towne
POSTED 07:00 AM, February 25, 2022
There were many tears and masked hugs as the members of St. Mark's Episcopal Church in Santa Clara gathered for a final farewell. A few dozen parishioners attended a small deconsecration ceremony at the church on Feb. 20, holding hands and saying a final prayer in the church that served as a home and a community for so many families.
"I taught Sunday school here for 25 years," said Barbara Snyder. "I] raised my children here...lots of godchildren and school kids."
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3/15/24, 7:51 PM St. Mark's Episcopal Church Closes - The Silicon Valley Voice Before the service, Snyder met with old friends, including Paul Brannon, who joined the church in 1962, just two years after she did.
"It was a big deal finding out that it was going to be closing last year," said Brannon. "It was even bigger to me because a lot of people you'll see along the side of the buildings, little brass plaques, parishioners' ashes are spread around here."
Brannon's father was among those who had their ashes spread at the church. His niece, Deanna Tryon, also managed to make it to the deconsecration ceremony. She joined the church when she was just one year old and says a lot of family memories were made inside.
"I confirmed with Uncle Stuart and Aunt Susie that their wedding was the very first ceremony here," said Tryon.
"The building wasn't even finished. Well, it was finished, but it hadn't been inspected. So, we had to use extension cords to power the lights for their wedding," recalled Brannon.
Bishop Lucinda Ashby conducted the deconsecration ceremony for St. Mark's Episcopal Church and offered her support to the parishioners.
"To many of you this building has been hallowed by cherished memories, and we know that many will suffer a sense of loss," said Ashby. "We pray that we will all be comforted by the knowledge that the presence of God is not tied to any place or any building.
"We will mourn this space. We have lost a space that has been very important and at one time was a central place which is no longer in use," continued Ashby. "But it has been an important space and we need to acknowledge that by letting this space go. We let go of a part of history that was in this neighborhood at one time."
St. Mark's was consecrated on Aug. 27, 1955 and served the Santa Clara community for nearly 66 years before it closed its doors in July of 2022. The deconsecration ceremony was the final service at St. Mark's.
The church is expected to sell the land, which is located just a few blocks away from Westfield Valley Fair.
While many of the parishioners have found other local churches to attend, they say there was just something special about St. Mark's.
"We built our lives around St. Mark's. I'm now attending another church, and I'm happy there, but it will never be St. Mark's," said Snyder.
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