Reso 6917 RESOLUTION NO. 6917
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CUPERTINO RECOMMENDING THAT THE CUPERTINO CITY COUNCIL
ADOPT AN ORDINANCE AMENDING THE CUPERTINO MUNICIPAL CODE
TO ADOPT "VEHICLE MILES TRAVELED" THRESHOLDS OF SIGNIFICANCE
AND STANDARDS FOR PURPOSES OF ANALYZING TRANSPORTATION
IMPACTS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT;
AND ADOPTION OF MCA 2021-001, ADDING TITLE 17 (ENVIRONMENTAL
REGULATIONS) AND CHAPTER 17.08 TO THE CUPERTINO MUNICIPAL
CODE
WHEREAS, under Senate Bill 743 (SB 743), transportation metrics based on automobile
delay, previously measured in terms of level of service (LOS), may no longer be used to
establish the significance of transportation impacts from land use projects under the
California Environmental Quality Act (CEQA), Public Resources Code section 21000 et.
seq.; and
WHEREAS, section 15064.7(b) of the State CEQA Guidelines, California Code of
Regulations, Title 14, Section 15000 et seq. (CEQA Guidelines), encourages public
agencies to develop and publish thresholds of significance to be used in determining the
significance of a project's environmental effects; and
WHEREAS, CEQA Guidelines section 15064.7(b) further requires that thresholds of
significance to be adopted for general use must be adopted by ordinance,resolution,rule,
or regulation and developed through a public review process and be supported by
substantial evidence; and
WHEREAS, the Governor's Office of Planning and Research (OPR) proposed, and
the Natural Resources Agency certified and adopted, new CEQA Guidelines section
15064.3, which describes the procedures and criteria for evaluating transportation
impacts, and specifies that Vehicle Miles Traveled (VMT) should be used to analyze
transportation impacts from land use projects; and
WHEREAS, the City has analyzed and drafted appropriate VMT thresholds of significance,
considering local conditions and guidance from OPR, including but not limited to retaining
a transportation expert to prepare a technical report titled SB 743 Implementation Decisions for
the City of Cupertino (October 26, 2020), which contains substantial evidence that was used to
inform the decision-making process; and
Resolution No.6917 MCA-2021-001 January 26,2021
WHEREAS,the City has worked with the Santa Clara Valley Transportation Authority(VTA)
as the County's Congestion Management Agency to establish baseline (existing) VMT
reference averages for Cupertino, Santa Clara County, and the Nine-County Bay Area
Region; and
WHEREAS, the Planning Commission held a study session on December 8, 2020, and
a public hearing on Tuesday, January 26, 2021, on City policy implementing CEQA with
regard to evaluation of transportation impacts pursuant to SB 743 and considered all
evidence presented at said study session and hearing; and
WHEREAS, at a duly noticed public hearing held on January 26, 2021, the Planning
Commission of the City of Cupertino considered the proposed amendment to the City's
Municipal Code (Title 17) to add a new chapter (Chapter 17.08) establishing VMT
standards relating to the implementation of SB 743; and
WHEREAS, the Planning Commission has duly considered all evidence, including
testimony and the evaluation and recommendations by staff, presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED:
The Planning Commission hereby finds and declares that each of the recitals and
findings are true and correct and are incorporated into this Resolution and hereby
recommends that the City Council adopt the Draft Ordinance as attached hereto as
Exhibit A, in substantially similar form.
PASSED AND ADOPTED this 26th day of January 2021, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Vice Chair Wang, Takahashi, Fung, Kapil
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Saxena
ATTEST: APPR VED:
Piu Ghosh, R Wang
Planning Manager Vice Chair, Planning Commission
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ORDINANCE NO.
AN ORDINANCE SELECTING VEHICLE MILES TRAVELED (VMT) TO
REPLACE LEVEL OF SERVICE (LOS) FOR USE IN TRANSPORTATION
ANALYSIS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA); AND ADOPTION OF MCA 2021-001, ADDING TITLE 17 AND
CHAPTER 17.08 TO THE CUPERTINO MUNICIPAL CODE
WHEREAS, section 15064.7(b) of the State Guidelines implementing the California
Environmental Quality Act, Title 14, Section 15000 et seq. ("CEQA Guidelines")
encourage public agencies to develop and publish generally applicable "thresholds of
significance" to be used in determining the significance of a project's environmental
effects; and
WHEREAS, CEQA Guidelines section 15064.7(a) defines a threshold of
significance as "an identifiable quantitative, qualitative or performance level of a
particular environmental effect, noncompliance with which means the effect will
normally be determined to be significant by the agency and compliance with which
means the effect normally will be determined to be less than significant"; and
WHEREAS, CEQA Guidelines section 15064.7(b) requires that thresholds of
significance must be adopted by ordinance, resolution, rule, or regulations, developed
through a public review process, and be supported by substantial evidence; and
WHEREAS, pursuant to CEQA Guidelines section 15064.7(c), when adopting
thresholds of significance, a public agency may consider thresholds of significance
adopted or recommended by other public agencies provided that the decision of the
agency is supported by substantial evidence; and
WHEREAS,Senate Bill 743, enacted in 2013 and codified in Public Resources Code
section 21099, required changes to the CEQA Guidelines regarding the criteria for
determining the significance of transportation impacts of projects; and
WHEREAS, in 2018, the Governor's Office of Planning and Research ("OPR")
proposed, and the California Natural Resources Agency certified and adopted, new
CEQA Guidelines section 15064.3 that identifies vehicle miles traveled ("VMT") -
meaning the amount and distance of automobile travel attributable to a project - as the
most appropriate metric to evaluate a project's transportation impacts; and
WHEREAS, as a result, automobile delay, as measured by "level of service" and
other similar metrics, generally no longer constitutes a significant environmental effect
under CEQA; and
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WHEREAS, the City of Cupertino, following a public review process consisting of
three staff presentations before the Planning Commission and two staff presentations
before the City Council wishes to adopt VMT thresholds of significance for determining
the significance of transportation impacts recommended by the Office of Planning and
Research.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
ORDAIN AS FOLLOWS:
SECTION 1. Adoption.
The City of Cupertino hereby adopts a VMT threshold of significance of 14.4%
percent below the citywide baseline VMT rate and amends the Cupertino Municipal
Code as set forth in Attachment A.
SECTION 2: Severability and Continuity
The City Council declares that each section, sub-section, paragraph, sub-paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every other
section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this
ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or
phrase of this ordinance is held invalid, or its application to any person or circumstance,
be determined by a court of competent jurisdiction to be unlawful, unenforceable or
otherwise void, the City Council declares that it would have adopted the remaining
provisions of this ordinance irrespective of such portion, and further declares its express
intent that the remaining portions of this ordinance should remain in effect after the
invalid portion has been eliminated. To the extent the provisions of this Ordinance are
substantially the same as previous provisions of the Cupertino Municipal Code, these
provisions shall be construed as continuations of those provisions and not as an
amendment to or readoption of the earlier provisions.
SECTION 3: California Environmental Quality Act.
Finds that this Ordinance is not a project under the requirements of the California
Environmental Quality Act (CEQA), Public Resources Code section 21000 et. seq. and
the State CEQA Guidelines (collectively, "CEQA") because the adoption of a new
transportation threshold of significance under the CEQA in accordance with CEQA
Guidelines Section 15064.7 does not require environmental review and is not a "project"
pursuant to State CEQA Guidelines Sections 15060(c)(3) and 15378 because it does not
involve commitment to any particular project. The use of VMT in CEQA review is
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required under SB 743 and Section 15064.3 of the CEQA Guidelines. The foregoing
determination is made by the City Council in its independent judgment.
SECTION 4: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by Government
Code Section 36937.
SECTION 5: Publication.
The City Clerk shall give notice of adoption of this Ordinance as required by law.
Pursuant to Government Code Section 36933, a summary of this Ordinance may be
prepared by the City Clerk and published in lieu of publication of the entire text. The
City Clerk shall post in the office of the City Clerk a certified copy of the full text of the
Ordinance listing the names of the City Council members voting for and against the
ordinance.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino
the 16f day of February, 2021 and ENACTED at a regular meeting of the City Council
of the City of Cupertino the 3rd day of March, 2020 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
SIGNED:
Darcy Paul, Mayor Date
City of Cupertino
ATTEST:
Kirsten Squarcia, City Clerk Date
APPROVED AS TO FORM:
Heather Minner, City Attorney Date
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Attachment A—Adding Title 17 (Environmental Regulations)
The section of the Cupertino Municipal Code set forth below is adopted as follows:
CHAPTER 17.08: Evaluation of Transportation Impacts Under the California
Environmental Quality Act
Section
17.08.010 Purpose.
17.08.020 Applicability of regulations.
17.08.030 Vehicle Miles Traveled (VMT) Standards
17.08.010 Purpose.
As a result of California Senate Bill (SB) 743 (2013), the City of Cupertino has
implemented the use of Vehicle Miles Traveled (VMT) in environmental review of new
land-use development projects, transportation projects, and other projects pursuant to
the California Environmental Quality Act and the State CEQA Guidelines (together,
CEQA). This section contains standards relating to the use of VMT in Cupertino for
evaluating transportation impacts.
17.08.020 Applicability of Regulations.
A. This chapter applies to all land-use development projects, transportation projects, and
other projects subject to review by the California Environmental Quality Act (CEQA).
B. Some projects may be screened out from more detailed VMT analysis based on a
project's location, characteristics, or a combination of both. A project relying on the
following screening must be consistent with applicable General Plan policies and
supported by substantial evidence demonstrating cumulative VMT is declining. Project
screening may be used for projects that meet one or more of the following criteria:
1. A project located within one-quarter mile of a High-Quality Transit Corridor or
transit stop as defined by CEQA;
2. Local-serving retail of 50,000 square feet or less;
3. Land-use projects consisting of 100% affordable housing.
17.08.030 Vehicle Miles Traveled (VMT) Standards.
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A. The VMT significance thresholds for land use projects and plans compared to baseline
conditions are:
1. Project Impact: A significant impact would occur if the total project generated
VMT per service population for the project would exceed a level of 14.4% below
the citywide baseline VMT rate.
2. Project Effect: A significant impact would occur if the project increases total
(boundary) countywide VMT compared to baseline conditions.
B. The VMT significance thresholds for land use and transportation projects and plans
under cumulative conditions are:
1. Project Effect: A significant impact would occur if the project increases total
(boundary) countywide VMT compared to cumulative no project conditions.
2. All land use and transportation projects: A significant impact would occur if the
project is inconsistent with the Regional Transportation Plan/Sustainable
Community Strategy Plan (Plan Bay Area).
C. The VMT significance thresholds for transportation projects are:
1. Baseline Transportation Thresholds:A significant impact would occur if a project
causes a net increase in total (boundary) citywide VMT compared to baseline
conditions or opening year no project conditions.
2. Cumulative Transportation Thresholds: A significant impact would occur if a
project causes a net increase in total (boundary) citywide VMT compared to
cumulative no project conditions.
1329505.8
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