CC Resolution No. 20-024 Adopting a Mitigated Negative Declaration for the Cupertino Parks and Recreation System Master Plan RESOLUTION NO. 20-024
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE
CUPERTINO PARKS AND RECREATION SYSTEM MASTER PLAN
WHEREAS, the Cupertino Parks and Recreation System Master Plan project (the
"Project") identifies opportunities for park improvements and development, provides
guidance for long-term decision making, and is intended to ensure that the City's parks
and recreation system meets the needs of the Cupertino community and to guide the City
in allocating resources for future development, renovation and management of City park
and recreation facilities through the year 2040; and
WHEREAS, in October 2019, the City of Cupertino prepared an Initial Study ("IS") and
proposed Mitigated Negative Declaration ("MND") for the Project pursuant to the
provisions of the California Environmental Quality Act 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");and
WHEREAS, on October 22, 2019, the City issued a Notice of Intent to Adopt an MND;
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 the impacts
to a less than significant level; and
WHEREAS, the IS/MND was publicly circulated for 30 days beginning on October 23,
2019 and ending on November 22, 2019, in accordance with the requirements of CEQA;
and
WHEREAS, on December 5, 2019, the Environmental Review Committee (ERC)
conducted a public hearing and formally reviewed the IS/MND and, with inclusion of
suggested Text Revisions to the IS(which were adopted in February 2020),recommended
approval of the MND for the Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council that:
1. The City Council makes the following findings and determinations with respect
to the IS/MND for the Project:
Resolution No. 20-024
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a. The City Council has independently reviewed and considered the IS/MND
and comments received during the public review period prior to acting on
the Project.
b. The Text Revisions to the IS in response to input from the ERC constitute
insignificant modifications under CEQA Guidelines Section 15073.5(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 have been made
to mitigate all identified impacts to a less than significant level.
2. The City Council 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 directs the City's Public Works Department to file a notice
of determination with the County Clerk of Santa Clara County.
5. 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 Avenue, Cupertino, California. The City Clerk is the
custodian of records for all matters before the City.
6. This Resolution is effective upon its adoption.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 181"day of February, 2020, by the following vote:
Vote Members of the City Council
AYES: Scharf, Paul, Chao, Sinks, Willey
NOES: None
ABSENT: None
ABSTAIN: None
SIGN
-2 2-1D
Ste n Scharf,Mayor Date
City of Cupertino
ATTEST:
31
Kirsten Squarcia, eity Clerk Date