PC 5-25-21 Item No. 5 Written Communications_CIP item Staff Report_rev210525
PLANNING COMMISSION STAFF REPORT
Meeting: May 25, 2021
(Revised 5/25/2021)
SUBJECT
Review of the One-Year Capital Improvement Program (CIP) Fiscal Year (FY)
2021-2022 Report for Consistency with the City’s General Plan.
RECOMMENDED ACTION
That the Planning Commission adopt the Draft Resolution (Attachment 1) to find
that the FY 2021-2022 Capital Improvement Program is consistent with the City’s
General Plan and that this consistency determination is exempt from CEQA.
DISCUSSION
Each year the City Council adopts a spending plan for capital improvements
throughout the City. The CIP is critical because it prioritizes significant City
expenditures on capital projects that are of importance to the City. The City
appropriates funding for the CIP as part of the adoption of the budget for each
Fiscal Year.
California Government Code § 65401 and Chapter 2.32.070.C of the Cupertino
Municipal Code (see Attachment 2) require the Planning Commission to review
the CIP for consistency with the City’s General Plan (General Plan: Community
Vision 2015 - 2040). The City Council is responsible for setting CIP projects and
funding priorities. Pursuant to Government Code section 654011, the role of the
Planning Commission is limited to reviewing the CIP for consistency with the
City’s General Plan.
The Proposed FY 2021-2022 Capital Improvement Program is attached as
Attachment 3. Attachment 4 lists the proposed capital projects and staff notes
1 CA Government Code Section 65401: “…a coordinated program of proposed public works for
the ensuing fiscal year… shall be submitted to the county or city planning agency for review and
report to [the] official agency as to conformity with the adopted general plan or part thereof.”
which describe how the projects relate to the General Plan: Community Vision
2015 - 2040.
General Plan Consistency
Please refer to Attachment 5 for excerpts of pertinent General Plan: Community
Vision 2015 – 2040 policies and text. The General Plan consistency findings are
summarized below for FY 2021-22 CIP:
1- Projects that improve the safety and function of the City's primary
circulation system.
See Community Vision 2040 Goals M-2, M-3, and M-5 and Community Vision
Policies M-10.1 and M-10.3.
• Carmen Road Bridge Right of Way
• Homestead/DeAnza Construction
• Stevens Creek Boulevard Class IV Bikeway Phase 2
• Traffic Garden – Feasibility
2- Transportation projects that manage neighborhood traffic, decrease reliance
on the usage of private cars, promote pedestrian activity and provide Safe
Routes to Schools.
See Community Vision 2040 Goals M-2, M-3, M-5, and Community Vision
Policies M-10.1 and M-10.3.
• Carmen Road Bridge Right-of-Way
• Stelling and Alves Crosswalk Installation
• Stevens Creek Boulevard Class IV Bikeway Phase 2 – Construction
• Traffic Garden – Feasibility
3- Projects that maintain the usability of and/or expand the capacity,
performance, and efficiency of the City's public infrastructure and facilities.
See Community Vision 2040 Strategy ES-2.1.3, Strategy ES-3.1.1, Goal INF-1,
Goal INF-1.1.2, Policy INF-1.3.
• 10455 Torre Avenue Improvements
• City Hall and Community Hall Improvements – Programming and
Feasibility
• Electric Vehicle Parking Expansion
• City Lighting LED Transition Assessment
• Pumpkin and Fiesta Storm Drain Project Phase 1 and 2
4- Projects that maintain the usability of the City's parks and recreation
inventory.
See Community Vision 2040 Goals RPC-1 and Community Vision Policies
RPC-2.5, RPC-3.1, RPC-4.1, RPC-7.3, and Community Vision 20140 Strategy
RPC-2.5.1.
• Memorial Park Pond Repurposing
• Memorial Park Amphitheater Improvements
• Memorial Park Specific Plan Design
• Blackberry Farm Pool Improvements
• Full-sized Outdoor Basketball Court
• Tree Inventory – Stevens Creek Corridor
Environmental Assessment
Pursuant to the provisions of the California Environmental Quality Act (CEQA) of
1970 (Public Resources Code section 21000 et seq.) (“CEQA”), together with the
State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et
seq.) (hereinafter, "CEQA Guidelines"), City staff has independently studied the
proposed action and has determined that the finding of consistency with the
General Plan is exempt from CEQA pursuant to CEQA Guideline section
15061(b)(3) in that “it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment.”
Furthermore, the finding of consistency with the General Plan is not a “project” in
that it has no “potential for resulting in either a direct physical change in the
environment, or a reasonably foreseeable indirect change in the environment”
(CEQA Guidelines § 15378(a).) Therefore, staff recommends that the Planning
Commission find that this action is exempt from CEQA.
Each project of the proposed CIP will be evaluated for compliance with CEQA and
will be subject to the appropriate level of environmental review.
Sustainability Impact
This determination has no sustainability impact.
Fiscal Impact
This determination has no fiscal impact.
NEXT STEPS
The Planning Commission’s determination will be considered by the City Council
at the June 15, 2021 meeting when making the final decision on the CIP.
_____________________________________
Prepared by: Susan Michael, Capital Improvement Programs Manager
Erick Serrano, Senior Planner
Reviewed by: Roger Lee, Director of Public Works
Approved by: Benjamin Fu, Director of Community Development
ATTACHMENTS:
1- Draft Resolution CIP FY 2021-22
2- General Plan Conformance Relevant Code Sections CIP FY 2021-22 (Text of
Cal. Government Code Section 65401 and Municipal Code Section 2.32.070.C)
3- Proposed FY21-22 CIP Projects (Revised 5/25/21)
4- Matrix of General Plan Consistency CIP FY 2021-22 (Revised 5/25/21)
5- Excerpts of General Plan Policies CIP FY 2021-22
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