RESOLUTION 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 projectsover 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 GovernmentCodeSection65401requiresthat 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 presentedby the City, city staff, and other interestedparties.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Cupertino doeshereby finds, determines, and resolvesasfollows:
Section1: ThePlanningCommissionhasduly consideredthe full recordbeforeit, 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.
Section2: The Planning Commissionhereby exercisesits 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 seenwith certainty that there is no possibility that the activity in question may have a significant effect on the environment." Theactionis a determination of consistencywith the GeneralPlan andthereforeit canbeseenwith certaintythat thereis no possibility that the action may have a significant effect on the environment.
Resolution No. 2025- 07
Section3: The PlanningCommissionfinds in accordancewith the Cupertino Municipal Code ( CMC) section 2.32.070 ( C) and state law based on the evidence in the public recordthat the City's CIP (FY 2025-2026) conformsto the City's GeneralPlan (Community Vision 2015-2040.)
BE IT FURTHER RESOLVED that this Resolution is not a project under the requirementsof the California Environmental Quality Act, together with related State CEQA Guidelines ( collectively, " CEQA") becauseit has no potential for resultingin physicalchangein theenvironment. In theeventthatthisResolution is found to be a projectunder CEQA, it is subjectto the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certaintyto haveno possibilitythat theactionapprovedmayhavea significant effecton the environment. CEQA appliesonly to actionswhich havethepotential for causing a significant effect on the environment. Where it can be seen with certaintythatthereis no possibilitythatthe activityin questionmayhavea significant effecton the environment, the activity is not subjectto CEQA. In this circumstance, theproposedaction "AdoptaResolutionfindingthattheFiscalYear 2025 - 2026Capital Improvement Program proposal is consistentwith the City's General Plan" would have no or only a de minimis effect on the environment becauseit is an administrative action. Theforegoing determinationis madeby the City of Cupertino Planning Commissionin its independentjudgment.
PASSEDAND ADOPTEDat a regular meetingof thePlanningCommissionof the City of Cupertinothis22nddayofApril 2025, by thefollowingvote:
Members of the Planning Commission
AYES: Rao, Kosolcharoen, Scharf, Fung, Lindskog
NOES:
ABSENT:
ABSTAIN:
Resolution No. 2025- 07
APAShid
2--
San Date
Chair, Planning Commission
ATTEST:
f
2 O Z Sr
Piu Ghosh, Planning Manager Date