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PC 2023-06Resolution No. 2023-06 RESOLUTION N0. 2023-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO FINDING THE PROPOSED CAPIT AL IMPROVEMENT PROGRAM FISCAL YEAR 2023-24 CONSISTENT WITH THE CITY OF CUPERTINO GENERAL PLAN WHEREAS, the City of Cupertino's Capital Improvement Program (CIP) guides the funding and scheduling of infrastructure improvement projects over the coming Fiscal Year. The current CIP recommendations have been updated for the Fiscal Year (FY) 2023- 2024 time period for City Council review and consideration; and WHEREAS, California Government Code Section 65401 requires that City's Planning Commission make a determination that the annual CIP is in conformance with the City's General Plan; and WHEREAS, on March 28, 2023, the Planning Commission held a duly noticed public hearing on the subject application, and considered evidence presented by the City, city staff, and other interested parties. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Cupertino hereby finds, determines, and resolves as follows: Section 1: The Planning Commission has duly considered the full record before it, including the staff report and presentation, maps, facts, exhibits, public testimony and other evidence and materials submitted or provided to the Commission. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference. Section 2: The Planning Commission hereby exercises its independent judgment and determines that the action is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3). CEQA Guidelines section 15061(b)(3) states that a project is exempt from CEQA if llit can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." The action is a determination of consistency with the General Plan and therefore it can be seen with certainty that there is no possibility that the action may have a significant effect on the environment. Resolution No. 2023-06 Section 3: The Planning Cornrnission finds in accordance with the Cupertino Municipal Code (CMC) section 2.32.070 (C) and state law based on the evidence in the public record that the City's CIP (FY 2022-2023) conforms to the City's General Plan (Community Vision 2015-2040.) PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Cupertino this 28' day of March 2023, by the following vote: Members of the PIanning Commission AYES: COMMISSIONERS:Scharf, Madhdhipatla, Fung, Lindskog, Mistry NOES: COMMISSIONERS:None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ATTEST:APPROVED: y-)][L Piu Ghosh Planning Manager StevJen Scharf Chair, Planning Commission "4t/y}zozy Date Da:(e ' 4/5/2023