PC RESOLUTION NO. 2025-07RESOLUTION NO.2025-07
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CUPERTINO FINDING THE PROPOSED CAPITAL IMPROVEMENT
PROGRAM FISCAL YEAR 2025 - 2026 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) 2025-2026 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, on April 22, 2025, 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 does 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, 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.
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.
Resolution No. 2025-07
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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 2025-2026) 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. In this
circumstance, the proposed action "Adopt a Resolution finding that the Fiscal Year
2025 - 2026 Capital Improvement Program proposal is consistent with the City's
General Plan" would have no or only a de minimis effect on the environment
because it is an administrative action. The foregoing determination is made by the
City of Cupertino Planning Commission in its independent judgment.
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the
City of Cupertino this 22nd day of April 2025, by the following vote:
Members of the Planning Commission
AYES: Rao, Kosolcharoen, Scharf, Fung, Lindskog
NOES:
ABSENT:
ABSTAIN:
Resolution No. 2025-07
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Chair, Planning Commission
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Piu Ghosh, Planning Manager
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