CC Resolution No. 18-079 Adopting a Mitigated Negative Declaration for the McClellan Ranch West Parking Lot Improvment Project and Approving the ProjectRESOLUTION NO. 18-079
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE
MCCLELLAN RANCH WEST PARKING LOT IMPROVEMENT PROJECT
AND APPROVING THE PROJECT
WHEREAS, the McClellan Ranch West Parking Lot Improvement project (the
"Project") will provide a new, "green", all-weather, meadow-style 27-space main parking
area with an opportunity to build a 20-space overflow parking area in the future, should
the need arise to be constructed on approximately 0.53 acres of the 1.4 acre project site,
with the remaining areas dedicated for restoration planting; and
WHEREAS, in June 2018, the City of Cupertino prepared an Initial Study (IS) with
Mitigated Negative Declaration (MND) consistent with California Environmental
Quality Act (CEQA) Guidelines sections 15162 and 15163; and
WHEREAS, the MND found that although the Project could have a significant
effect on the environment, mitigation measures included in the MND would reduce all
of the impacts to a less than significant level; and
WHEREAS, the IS with MND was publicly circulated for 30 days beginning on
June 8, 2018 and ending on July 9, 2018, in accordance with the requirements of CEQA;
and
WHEREAS, on July 5, 2018, the Environmental Review Committee (ERC)
conducted a public hearing and formally reviewed the MND and recommended
approval of the MND for the Project.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Cupertino that:
1. The City Council makes the following findings and determinations with
respect to the McClellan Ranch Parking Area MND:
a. The City of Cupertino City Council has reviewed and considered the draft
MND, comments received during the public review period, and the City's
written responses to any comments prior to acting on the Project.
Resolution No. 18-079
Page2
b. The revisions to the MND in response to comments from the Santa Clara
Valley Transportation Authority constitute insignificant modifications
under CEQA Guidelines Section 15073.S(c) and no recirculation of the
MND is required.
c. The MND adequately describes the environmental impacts of the Project.
On the basis of the whole record before it, the City Council finds that there
is no substantial evidence that the Project, as mitigated, will have a
significant effect on the environment.
d. The MND has been completed in compliance with CEQA and the CEQA
Guidelines.
e. The MND is complete and adequate and reflects the City's independent
judgment and analysis as to the environmental effects of the Project.
f. The City Council has determined that the Project will not have a significant
effect on the environment because revisions to the project design have been
made or agreed to by the project proponent to mitigate all identified
impacts to a less than significant level.
2. The City Council of the City of Cupertino hereby adopts the MND for the
Project.
3. The City Council hereby adopts the Mitigation Monitoring and Reporting
Program included in the MND.
4. The City Council hereby approves and authorizes staff to proceed with the
Project.
5. The City Council directs the City's Public Works Department to file a notice of
determination with the County Clerk of Santa Clara County.
6. Pursuant to CEQA Guidelines section 15091(e), the documents and other
materials that constitute the record of proceedings upon which the City
Council has based its recommendations are located in and may be obtained
from, the Office of the City Clerk at 10300 Torre Ave, Cupertino, California.
The City Clerk is the custodian of records for all matters before the City.
7. This Resolution is effective upon its adoption.
Resolution No . 18-079
Page 3
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of
Cupertino the 21 st day of August 2018, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Paul, Sinks, Chang, Scharf, Vaidhyanathan
None
None
None
APPROVED:
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Cbar;y Paul, Maw
City of Cupertino
Grace Schmidt, City Clerk