RESOLUTION NO. ______
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
CORRECTING THE ADMINISTRATIVE RECORD
FOR THE DEVELOPMENT OF A NINE (9) UNIT SINGLE-FAMILY HOME DEVELOPMENT AND ONE ACCESSORY DWELLING UNIT (ADU) LOCATED 22690 STEVENS CREEK BOULEVARD (APN: 341-14-066, 342-14-104 & 105) Application No.: EA-2020-001
Applicant: Alan Enterprises LLC
Location: 22690 Stevens Creek Boulevard;
APN#s 341-14-066, 342-14-104 & 105
WHEREAS, the City of Cupertino received an application for a Zoning Map Amendment, Development Permit, Architectural and Site Approval, Use Permit, and Tentative Map, to allow the development of a nine (9) unit single-family home development with one (1) home containing an Accessory Dwelling Unit (ADU) associated site and landscaping improvements, and associated environmental review (“Project”); and WHEREAS, pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code Section 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) (“CEQA Guidelines“), the City prepared an Initial Study and proposed Mitigated Negative Declaration (“Project”); and WHEREAS, the Project is described in the June 2021 “Public Draft Initial Study for the 22690 Stevens Creek Project (“Draft IS/MND”); and WHEREAS, on July 16, 2021 the City issued a Notice of Intent to Adopt a Mitigated Negative Declaration, distributed the Draft IS/MND for the project to responsible agencies and the public, and posted the Draft IS/MND on the City’s website for review and comment for a 20-day period that ended August 5, 2021; and WHEREAS, the Draft IS/MND concluded that environmental effects on Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Noise, Tribal Cultural Resources, and Utilities and Service Systems would be avoided or reduced to less-than-significant levels by mitigation measures identified in the Draft IS/MND; and WHEREAS, text revisions made after publication of the Draft IS/MND, which are found in the October 2021 Final Initial Study, merely clarify, amplify or make insignificant modifications to the Draft IS/MND, and recirculation of the IS/MND is not required; and WHEREAS, on October 28, 2021, the City of Cupertino’s Environmental Review Committee held a duly noticed public hearing to receive public testimony and reviewed and considered the information contained in the Final IS/MND, and voted 5-0-0 that the preparation of a Mitigated Negative Declaration is appropriate for the proposed project; and WHEREAS, the Planning Commission independently reviewed and considered the correct Final IS/MND together with the comments and the responses to those comments prior to taking action on the Project; and WHEREAS, on November 23, 2021, the Planning Commission held a duly noticed public hearing to receive staff’s presentation and public testimony, and to consider the information contained in the Final IS/MND along with all staff reports, other pertinent documents, and all written and oral statements received prior to and at the public hearing, and recommended on a 4-1-0 (Wang no) vote, based on substantial evidence in the record, that the City Council adopt the MND, adopt and incorporate into the Project and implement as conditions of approval all of the mitigation measures for the project that are identified in the IS/MND, and adopt the Mitigation Monitoring and Reporting Program for the Project; and WHEREAS, the City Council has held at least one public hearing and independently reviewed and considered the findings of the IS/MND as presented in Resolution No. 22-007; and WHEREAS, on January 13, 2022 prior to taking action on the Project, the City Council held a duly noticed public hearing to receive staff’s presentation and public testimony, and to further consider the mitigation measures and conditions of approval adopted in Resolution No. 22-007, along with all staff reports, other pertinent documents, and all written and oral statements received prior to and at the public hearing; and WHEREAS, on January 18, 2022, staff discovered that the IS/MND attached to the City Council agenda packet for the January 13, 2022 special meeting was inadvertently one for a development project being heard at the same meeting; and WHEREAS, the conditions of approval adopted to implement the mitigation measures of the IS/MND with Resolution No. 22-007 remain unchanged; and WHEREAS, at its regular meeting on February 1, 2022, the City Council considered this resolution to correct the Administrative Record.
NOW, THEREFORE, BE IT RESOLVED:
That after consideration of the administrative record, the City Council:
Finds that the IS/MND prepared for the proposed development project is appropriately added to the administrative record for the Project; and Finds that all mitigation measures identified in the IS/MND were appropriately adopted as Conditions of Approval of the project.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 1st day of February, 2022 by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
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Darcy Paul, Mayor
City of Cupertino
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Date
ATTEST:
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Kirsten Squarcia, City Clerk
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Date