RESOLUTION NO. 2026- 15
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CUPERTINO FINDING THE PROPOSED CAPITAL IMPROVEMENT
PROGRAM FISCAL YEAR 2026 - 2027 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) 2026-2027 time period for City Council review and consideration; and
WHEREAS, California Government Code Section65401requires 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 28, 2026, the Planning Commission held a duly noticed public hearing on the subject application, and considered evidence presentedby 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 hasduly 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 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 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 consistencywith the General Plan and therefore it canbe seenwith certainty that there is no possibility that the action may have a significant effect on the environment.
Resolution No. 2026- 15
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 2026-2027) conformsto 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") becauseit has no potential for resultingin physicalchangein theenvironment. In theeventthat 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 certaintyto haveno possibility that the actionapprovedmay havea significant effect on the environment. CEQA applies only to actionswhich 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 subjectto CEQA. In this circumstance, theproposedaction "Adopt aResolutionfinding thattheFiscalYear 2025 - 2026Capital Improvement Program proposal is consistent with the City' s General Plan" would have no or only a de minimis effect on the environment becauseit is an administrative action. Theforegoing determination is madeby the City of Cupertino Planning Commission in its independent judgment.
PASSEDAND ADOPTED at a regular meeting of the Planning Commission of the City of Cupertino this 28nd day of April 2026, by the following vote:
Members of the Planning Commission
AYES: Kosolcharoen, Scharf, Fung
NOES: Rao
ABSENT: Lindskog
ABSTAIN:
Resolution No. 2026- 15
APPROVED:
Tracy Kosolcharoen Date
Chair, Planning Commission
ATTEST:
Piu Ghosh, Planning Manager Date