PC 04-12-2022 Item #1 CIP FY 22-23_Attachment 1 Draft Resolution (Clean)_Desk ItemPC 04-12-2022
Item #1
Capital Improvement
Program FY 22-23
General Plan Report
Desk Item
Attachment 1
Draft Resolution (Clean)
Attachment 1
RESOLUTION NO. 22‐XXXX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CUPERTINO FINDING THE PROPOSED CAPITAL IMPROVEMENT
PROGRAM FISCAL YEAR 2022‐23 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) 2022‐
2023 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, 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, ʺCEQA Guidelinesʺ), 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 Guidelines 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); and
WHEREAS, on April 12, 2022, 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.
Resolution No. 22-XXXXX
ATTEST:
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 “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 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.
Section 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 2022‐2023) conforms to the City’s General Plan (Community Vision
2015‐2040.)
BE IT FURTHER RESOLVED that this Resolution is not a project under the
requirements of the California Environmental Quality Act, together with related
State CEQA Guidelines (collectively, “CEQA”) because it has no potential for
resulting in physical change in the environment. In the event that this Resolution
is found to be a project under CEQA, it is subject to the CEQA exemption
contained in CEQA Guidelines section 15061(b)(3) because it can be seen with
certainty to have no possibility that the action approved may have a significant
effect on the environment. CEQA applies only to actions which have the potential
for causing a significant effect on the 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.
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the
City of Cupertino this 12 day of April 2022, by the following vote:
Members of the Planning Commission
AYES:
NOES:
ABSENT:
ABSTAIN:
Resolution No. 22-XXXXX
Benjamin Fu
Director of Community Development
Date
APPROVED:
Steven Scharf, Chair, Planning
Commission
Date