Reso 6875CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6875
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO REGARDING THE PROPOSED
FIVE YEAR CAPITAL IMPROVEMENT PROGRAM, FISCAL YEARS 2019-20 TO 2023-24
CONSISTENCY WITH THE CITY OF CUPERTINO GENERAL PLAN
SECTION I: PROTECT DESCRIPTION
Project Name: Capital Improvement Program (CIP)
Applicant: City of Cupertino
Location: Citywide
SECTION II: FINDINGS
WHEREAS, the City of Cupertino Capital Improvement Program (CIP) guides the funding and
scheduling of infrastructure improvement projects over the next five years. The current CIP has been
updated for the [FY 2019-2020 to 2023-2024] time period for City Council review and consideration; and
WHEREAS, California Government Code Section 65403 requires that City's Planning Commission to
Make a determination that the annual CIP is consistent with the City's General Plan; and
WHEREAS; the Planning Division has reviewed the project for compliance with the California
Environmental, Quality Act (CEQA), and recommends that the Planning Commission determine that the
General Pian consistency finding is not subject to CEQA pursuant to California Code of Regulations, title
14, section 15061(b)(3) ("CEQA Guidelines" § 15061(b)(3)) in that the General Plan consistency finding
as required by State law is not a "project" as defined under CEQA (CEQA Guidelines § 15378); and
WHEREAS; on May 28, 2019, 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:
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.
2: The Planning Commission determines that the General Plan consistency finding is not subject to
CEQA pursuant to CEQA Guidelines Section 15061(b)(3). CEQA Guidelines Section 15061(b)(3) states,
"CEQA applies only to projects which have the potential for causing a significant effect on the
Resolution No. 6875 CIP Conformance to the General Plan May 28, 2019
environment. Where it can be seen with certainty that there is no possibility that the activity in question
may have a significant effect on the environment, the activity is not subject to CEQA."
3: The Planning Commission 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 2019-2020 to
2023-2024) is consistent with the City's General Plan (Community Vision 2015-2040), except that, the
Planning Commission finds there is an issue with parkland equity, and whether these projects embody
the spirit of the General Plan.
PASSED AND ADOPTED this 281h day of May 2019, at a Regular Meeting of the Planning Commission
of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Vice Chair Saxena, Moore, Takashi, and Fung
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Chair Wang
ATTEST:
Roger Lee
Acting Director of Public Works
APPROVED:
I
Vikram Saxena
Vice Chair, Planning Commission