Cemetery officials sought an appeal of an August planning commission decision that blocked vertical headstones at the burial ground.

After a 2 1/2-hour discussion, Cupertino's council upheld the appeal in a 3-2 vote. Mayor Patrick Kwok, Richard Lowenthal and Sandy James voted for the appeal, which would allow for 1,800 upright markers at the cemetery. Dolly Sandoval and Kris Wang voted no. The council's split decision reflected the divided opinions on the issue.

Residents of the Oak Valley neighborhood surrounding the cemetery and officials from the adjacent Rancho San Antonio open space preserve spoke against the installation of the vertical markers.

Cemetery officials, however, argued that their clients asked for the addition of the vertical markers, despite Gate of Heaven's history as a memorial park.

"The open space is a vital outlet," said Jonas Roddenberry, a representative from the Mid-Peninsula Open Space District, which oversees the popular Rancho San Antonio. "The cemetery fits in easily because it has been developed as an open space...[the vertical headstones] would change the nature of the cemetery."

Many Oak Valley residents agreed and a neighborhood coalition earlier delivered to city staff a petition signed by those against the markers.

Speaking on behalf of neighbors, resident Jim Wheeler said the cemetery had violated a tacit trust with the community.

"They failed to notify or disclose intent to change the use permit when they sold the land in 1998 [to the developers of Oak Valley]," he said.

The Diocese of San Jose established the cemetery in 1962 with a use permit from Santa Clara County that allowed only for markers flush with the ground. As a result, Gate of Heaven acquired a pastoral feel that it made unique.

According to Wheeler and other Oak Valley residents, many homeowners bought homes in the community believing Gate of Heaven would honor its original use permit and remain a memorial park.

Lori Ng, who has a three-year-old son buried at Gate of Heaven, described "being enveloped by serenity ... a healing environment" when she visited Gate of Heaven.

She also said Robert Lindbergh, director of Catholic cemeteries, disregarded those who had chosen the cemetery for those very reasons.

Lindbergh maintained he was simply responding to demand. "We're doing this because we have people asking us," he said.

He also said he had compromised from his original proposal of 4,393 upright headstones and also eliminated freestanding uprights on a hill.

Although Kwok and Wang asked for further reductions in the number of vertical markers, the other three council members argued otherwise.

"They have made a lot of concessions and continue [the discussion] is simply not in our best interest," Kwok said in voting for the markers.