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DIR-2008-12b CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308 To: Mayor and City Council Members Chairperson and Planning Commissioners -:> From: Steve Piasecki, Director of Community Developme~ Prepared by: Colin Jung, Senior Planner Date: July 10, 2008 Subject: Director's Minor Modification, DIR-2008-12, to erect a state-mandated, above- ground, phase II vapor recovery system for an underground storage tank at an existing gasoline station located at 21530 Stevens Creek Blvd. Chapter 19.132 of the Cupertino Municipal Code allows for administrative approval of minor changes in a project. The Director reports his decision to the City Council and Planning Commission in time to allow an appeal of the decision within fourteen calendar days. DISCUSSION: The applicant, Michelle Doyle of Stantec Consulting, representing ConocoPhillips, is required by the California Air Resources Board (CARB) to install vapor recovery systems to filter gasoline vapors that emanate when refueling vehicle fuel tanks (Exhibit A). Presently, CARB has certified only one system that complies with its current air quality regulations, the Healy System, Inc. Phase II Enhanced Vapor Recovery System (Exhibit B). Its appearance, height (about 8.5 feet tall), and above-ground installation are governed by the CARB's rule making and are not subject to City regulation. This is a statewide mandate and eventually all gasoline stations in California will be retrofitted with this system. Staff has been working with the applicant to minimize the visual impact of this vapor recovery system to the extent possible. The system will be located at the side of the building and screened from direct street views by an II-foot tall galvanized sheet metal enclosure painted to match the gasoline station building and three 24-inch box trees planted. near the street. The enclosure cannot be located at the rear of the building because of the multiple rolled up doors used for vehicle egress and vehicle turning movements. Some of the connecting piping between the Healy System and the vent risers will be visible above the enclosure but will be kept below the building roof line and painted to match.the building. ACTION: The Director of Community Development deems the modification minor and approves the change as described in the plan set exhibit entitled: "Profit Center #6080/21520 (21530) Stevens Creek Blvd. 1 Cupertino, CAIEnhanced Vapor Recovery Upgrade" DIR-2008-12 Julv 7. 2008 Page 2 datl'd 2/05/08, and consisting of three.' sheets IallL'led EVR1, EVR2 and IITl, and with the following conditions of approval: 1. The Healy SyStl'nl enclosure and associated v'isible piping shall be painted the samc color as the building, The connecting piping shall not extcnd above the roof line of the building. ).1he applicant shall plant three 2-1--inch box Chinese Fistaches on the property along Stevens Creek Boulev'arc! and extend irrigation to the plantings as indicated in the aerial photo btlow. ! (": .. .'\ ~. $'~ ..., 't: ,.,,\ .... ...... ~ . \;ew trees The approval is l'ffectiv'c July 10,2008. The fourteen calendar day appeal period expires on July 25, 2008. Enclosures: Exhibit A: CARB Vapor Rec(wl'ry' Certification Procedure, CP-201 Exhibit B: C;\I~B Executive Order VR-201-;\: I fealy Systems, Inc. Phase II EVR Svstl)m Plan Set (;: PI,mning/PDRFP()[\ [S; [)[l\fl)purh/ l)[[\-2ilUo-12.dl)( 1)1~'-o-uO% -1'2- u.RECTOR'S APPROVAL DATE: 07- 14- ~O~ SIGNATURE: C~W " ~ COMMU IT DEV. DlR. California Environmental Protection Agency Air Resources Board E\GI.\\ h'J t-: A Vapor Recovery Certification Procedure CP-201 Certification Procedure for Vapor Recovery Systems at Gasoline Dispensing Facilities A set of definitions common to all Certification and Test Procedures are in: D-200 Definitions for Vapor Recovery Procedures For the purpose of this procedure, the term "CARB" refers to the California Air Resources Board, and the term "Executive Officer" refers to the CARB Executive Officer, or his or her authorized representative or designate. 1. GENERAL INFORMATION AND APPLICABILITY This document describes the procedure for evaluating and certifying Phase I and Phase II vapor recovery systems, and components, used at Gasoline Dispensing Facilities (GDF). A CARB Executive Order certifying the system shall be issued only after all of the applicable certification requirements have been successfully completed. This Certification Procedure, CP-201, is adopted pursuant to Section 41954 of the California Health and Safety Code (CH&SC) and is applicable to vapor recovery systems installed at gasoline dispensing facilities for controlling gasoline vapors emitted during the fueling of storage tanks (Phase I) and the refueling of vehicle fuel tanks (Phase II). Vapor recovery systems are complete systems and shall include all associated dispensers, piping, nozzles, couplers, processing units, underground tanks and any other equipment or components necessary for the control of gasoline vapors during Phase I or Phase II refueling operations at GDF. 1.1 Legislative and Regulatory Requirements of Other State Agencies As required pursuant to Sections 41955 and 41957 of the CH&SC, the Executive Officer shall coordinate this certification procedure with: 1.1.1 Department of Food and Agriculture, Division of Measurement Standards (DMS) 1.1.2 Department of Forestry and Fire Protection, Office of the State Fire Marshall (SFM) 1.1.3 Department of Industrial Relations, Division of Occupational Safety and Health (DOS H) California Air Resources Board October 8, 2003 CP-201, Page 1 DIC2.<rOC)3 -ld-. DIRECTOR'S APPROVAL DATE: O(-I'-f~?DO SIGNATURE: ~~COMMU EV. DIR. Prior to certification of the vapor recovery system by the Executive Officer, the applicant shall submit plans and specifications for the system to each of these agencies. Certification testing by these agencies may be conducted concurrently with CARB certification testing; however, the approval of the SFM, DMS and DOSH shall be a precondition to certification by CARB. The applicant is responsible for providing documentation of these approvals to CARB. 1.2 Requirement to Comply with All Other Applicable Codes and Regulations Certification of a system by the Executive Officer does not exempt the system from c6ii1-plianceWitnofner applical5lecbaesano regTilafi5hssUcliasstate fire codes, weights and measures regulations, and safety codes and regulations. 2. GENERAL PERFORMANCE STANDARDS AND SPECIFICATIONS 2.1 Performance Standards A performance standard defines the minimum performance requirements for certification of any system, including associated components. Ongoing compliance with all applicable performance standards shall be demonstrated throughout certification testing. Systems and components shall comply, throughout the warranty period, with the applicable performance standards. 2.2 Performance Specifications A performance specification is an engineering requirement that relates to the proper operation of a specific system or component thereof. Performance specifications shall be identified in the application for certification. Ongoing compliance with the minimum level of performance specifications identified herein shall be demonstrated throughout certification testing and specified in the certification Executive Orders. Any applicant may request certification to a performance specification that is more stringent than the minimum performance standard or specification. The performance specification to which a system or component is certified shall be the minimum allowable level of performance the component is required to meet throughout the warranty period. Typical performance specifications include, but are not limited to, pressure drop and pressure integrity. 2.3 Innovative System The innovative system concept provides flexibility in the design of vapor recovery systems. A vapor recovery system that fails to comply with an identified performance standard or specification may qualify for consideration as an innovative system, provided that the system meets the primary emission factor/efficiency, complies with all other applicable requirements of certification, and the Executive Officer determines that the emission benefits of the innovation are greater than the consequences of failing to meet the identified standard or specification. California Air Resources Board October 8, 2003 CP-201, Page 2 f~ \'\~'b d-", B EV, orR. State of California AIR RESOURCES BOARD EXECUTIVE ORDER VR-201-A Healy Systems, Inc. Phase II Enhanced Vapor Recovery (EVR) System Not Including ISO WHEREAS, the California Air Resources Board (ARB) has established, pursuant to California Health and Safety Code sections 25290.1.2, 39600, 39601 and 41954, certification procedures for systems designed for the control of gasoline vapor emissions during motor vehicle fueling operations (Phase II EVR vapor recovery systems) in its CP-201, Certification Procedure for Vapor Recovery Systems at Gasoline Dispensing Facilities (Certification Procedure) as last amended July 22,2004, incorporated by reference in title 17, California Code of Regulations, section 94011; WHEREAS, ARB has established, pursuant to California Health and Safety Code sections 39600, 39601, 39607, and 41954, test procedures for determining the compliance of Phase II vapor recovery systems with emission standards; WHEREAS, Healy Systems, Inc. (Healy) requested certification of the Healy Systems, Inc. Phase II Enhanced Vapor Recovery (EVR) System (Healy Phase II EVR System Not Including In-Station Diagnostics (ISO)); WHEREAS, the Certification Procedure provides that the ARB Executive Officer shall issue an Executive Order if he or she determines that the vapor recovery system conforms to all of the applicable requirements set forth in the Certification Procedure; WHEREAS, I, Catherine Witherspoon, California Air Resources Board Executive Officer, find that the Healy Phase II EVR System Not Including ISO conforms with all requirements set forth in the Certification Procedure, including compatibility when fueling vehicles equipped with onboard refueling vapor recovery systems, and results in a vapor recovery system which is at least 95.0 percent efficient and shall not exceed 0.38 pounds of hydrocarbons per 1,000 gallon of gasoline transferred when tested pursuant to TP-201.2, Efficiency and Emission Factor for Phase (J Systems (October 8,2003); NOW, THEREFORE, IT IS HEREBY ORDERED that the Healy Phase II EVR System Not Including ISO is certified to be at least 95 percent efficient and does not exceed 0.38 pounds of hydrocarbon per 1,000 gallons of gasoline transferred in attended and/or self-service mode when used with an ARB-certified Phase I Dr~,-a-008 - I d- DIRECTOR'S APPROVAL DATE: 7- l'-f~ SIGNATURE: -2- --6br COMMUN T/V 0 . DIR. vapor recovery system and installed, operated, and maintained as specified herein and in the following exhibits. . Exhibit 1 contains a list of the equipment certified for use with the Healy Phase II EVR System Not Including ISO. Exhibit 2 contains the performance standards, specifications, typical installation drawings and maintenance intervals applicable to the Healy Phase \I EVR System Not Including ISD as installed in a gasoline dispensing facility (GDF). Exhibit 3 contains the manufacturing specifications. Exhibit 4 is the test procedure for verifying performance ofthe Healy Clean Air Separator. Exhibit 5 is the vapor to liquid ratio u... u. iestprocedureJocverjfying performance of the Healy 900 Nozzle. Exhibit 6 is the Healy Phase" EVR System limited Warranty. Exhibit 7 is the nozzle bag test pr()cedure. Exhibit 8 is items to consider in conducting TP-201.3. IT IS FURTHER ORDERED that compliance with the applicable certification requirements, rules and regulations of the Division of Measurement Standards of the Department of Food and Agriculture, the Office of the State Fire Marshal of the Department of Forestry and Fire Protection, the Division of Occupational Safety and Health of the Department of Industrial Relations, and the Division of Water Quality of the State Water Resources Control Board is made a condition of this certification. IT IS FURTHER ORDERED that Healy shall provide a warranty for the vapor recovery system and components to the initial purchaser and each subsequent purchaser within the warranty period. The manufacturer of components listed in Exhibit 1 not manufactured by Healy Systems, Inc. shall provide a warranty to each of their components certified herein. The warranty shall include the ongoing compliance with all applicable performance standards and specifications and shall comply with all warranty requirements in Section 9.2 of the Certification Procedure. Healy or other manufacturers may specify that the warranty is contingent upon the use of trained installers. Copies of the warranty for the system and components shall be made available to the gasoline dispensing facility owner/operator. IT IS FURTHER ORDERED that the certified components manufactured by Healy Systems, Inc. shall be 100% performance tested by the manufacturer using the applicable procedures listed in Exhibit 3. IT IS FURTHER ORDERED that the certified Healy Phase II EVR System Not Including ISD shall be installed, operated, and maintained in accordance with the ARB Approved Installation, Operation, and Maintenance Manual for the Healy Phase /I EVR System Not Including ISO. A copy of this Executive Order and the ARB Approved InstaJ/ation, Operation and Maintenance Manual for the Healy Phase II EVR System Not Including ISO shall be maintained at each GDF where a certified Healy Phase II EVR System Not Including ISD is installed. HEAL Y PHASE II EVR SYSTEM - VR-201-A b\l2..-do<98-l:l- DIRECTOR'S APPROVAL ~~ci~~TU;E: 4- C,;. '- ~. '-ff" COMMUNI . D . DIR. IT IS FURTHER ORDERED that equipment listed in Exhibit 1, unless exempted in writing by ARB, shall be clearly ~dentified by permanent identification number showing the manufacturer's name and model number. -3- IT IS FURTHER ORDERED that any alteration in the equipment parts, design, installation, or operation of the system certified hereby is prohibited and deemed inconsistent with this certification, unless the alteration has been submitted in writing and approved in writing by the Executive Officer or Executive Officer . -delegateo----- IT\lS FURTHER ORDERED that the following requirements are made a condition of certification. The owner or operator of the Healy Phase II EVR System Not Including ISO shall conduct and pass the following tests no later than 60 days after startup and at least once in each twelve month period, using the following test procedures: TP-201.3, Determination of 2 Inch we Static Pressure Performance of Vapor Recovery Systems of Dispensing Facilities (March 17, 1999); Exhibit 4, Determination of Static Pressure Performance of the Healy Clean Air Separator; and Exhibit 5, Vapor to Uquid Volume Ratio for Healy Phase II EVR System. Shorter time periods may be specif~ed in accordance with local district requirements. Notification of testing, and submittal of test results, shall be done in accordance with local district requirements and pursuant to policies established by that district. Alternative test procedures, including most recent versions of the test procedures listed above, may be used if determined by the ARB Executive Officer or Executive Officer delegate, in writing, to yield equivalent results. IT IS FURTHER ORDERED that the following requirements are made a condition of certification. The owner or operator of the Healy Phase II EVR System Not Including ISO shall conduct, and pass, the following tests no later than 60 days after startup using Exhibit 7, Nozzle Bag Test Procedure. TP-201.4, Dynamic Back Pressure (July 3, 2002), shall be conducted in accordance with the conditions listed in item 1 of the Vapor Recovery Piping Configurations section of Exhibit 2. Local districts have the authority to require conducting of Exhibit 5, Vapor to Liquid Volume Ratio for Healy Phase II EVR System, in lieu of TP-201.4, Dynamic Back Pressure (July 3, 2002), provided that at least 2 gallons of product are introduced into the system through each dispenser riser prior to conducting the test. Notification of testing and submittal of test results shall be done in accordance with local district requirements and pursuant to the policies established by that district. Alternative test procedures, including most recent versions of the test procedures listed above, may be used if determined by the ARB Executive Officer or Executive Officer delegate, in writing, to yield equivalent results. IT IS FURTHER ORDERED that, except as provided above, local districts at their option will specify the testing frequency of the nozzle vapor valves. If nozzle vapor HEALY PHASE II EVR SYSTEM - VR-201-A bl~-OOag- 12- DIRECTOR'S APPROVAL DATE: 7-14-d-Dq~~, -4. SIGNATURE: (' ~~ . '-lfCOMMUNI . DE . DIR. valve tests are required by the district, the test shall be conducted in accordance with Exhibit 7, Nozzle Bag Test Procedure. IT IS FURTHER ORDERED that the Healy Phase II EVR System Not Including ISO shall be compatible with fuels in common use in California at the time of certification and any modifications to comply with future California fuel requirements shall be approved in writing by the Executive Officer or Executive Officer delegate. IT IS FURTHER ORDERED that the certification of the Healy Phase II EVR System Not Including ISO is valid through August 1,2009. Executed at Sacramento, California, this 8~ day of April 2005. C~ Z:;:;;Zc2~) .~ Catherine Witherspoon {/ Executive Officer Attachments: Exhibit 1 Equipment List Exhibit 2 System Specifications Exhibit 3 Healy Manufacturing Performance Standards and Specifications Exhibit 4 Determination of Static Pressure Performance of the Healy Clean Air Separator Vapor to Liquid Volume Ratio for Healy Phase II EVR System Healy Phase II EVR System Limited Warranty Nozzle Bag Test Procedure Items to Consider in Conducting TP-201.3 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 HEALY PHASE 11 EVR SYSTEM - VR-201-A f""- ! ~~ q CJ i _m z li< a ~:JJ ..... f; \Pro/eCt\A-B-C-D\CONPHL \CON0803J.O\DWCS\JJ'ermlt\CON08OJJ.O EYR1.dwQ Dlm.cole: 240 L TScole: O. 7 Plot: [TIme: AJw29,2008-08: 480m LOCJIn: CAM] Pre-plot:[JAN 02,2008 14:J6-.CAN] Xrets:-,176.dwQ-lCCON0803JO.dwg lmOQes:-vmop.bmp- ~ ~ tOtO(\tO Q'<:\O'6 .....-"'\ .......... \ .......... \ -- ( ~ \ / )(--) \ ~ \ II \ \ I II I \ \ I II "'-- ~~(\ # \ (J(__/ ~" ~~2 \ .) 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CUPERTINO, CA INSTALLATION DETAILS AND EOUIPIlENT LIST !l ConocciPhillips ENHANCED VAPOR RECOVERY UPGRADE , I ਍਍繾繾㡾琺㨸൴㠊⵾潵繧≦ㅔ楾楩਍㡾繾汖㨺縬杏਍㹃繾縸繧松਍繾彾繣≦ㅔ繾਍䙾繾繾繾ൾ渊繾繾縸繯਍繾繾繾㬺ㄻൾ⸊縠繾繾松ൾ㨊㨱潾楾橪繾൚朊繾繾㭦繨਍繾㨳繾湩⁾ഭ縊潾繾繾⁾൚漊繧机縵㩺⁲樺਍繾繾縸繾㸠਍縸繾縰穾਍㭢㬡繾佾繾਍繾ⅾ楴㭅㩲ൾ縊潧㩾氭繾਍績㬻楪繮佾氭਍㹃呃呃彬婾൏縊繾繾松ൾ伊爺签氻呃噬繬൏ⴊぬ‮汖㩾㨱呃繬਍㩯䔺爠㩏ാ縊ⴠ‼❲䩔਍琺呃佲਍呃繬縠ൾഊഊ渊਍琧♬㸠ഭ㼊‧䥃ൾ渊繧朠਍繊⁾ⴾ਍繾⁾ൾ《‾ൾ朊‧ൾ縊℧൮漊਍縺ൾ縊繾縠਍⁾潣㼬縠਍繏⁾ര伊⁾ൾ縊㸠਍ൾ縊਍൯娊਍਍楾਍਍਍汉㹬਍਍ㄱⴠ਍牾楩਍㰰਍繺਍㨮ㄭ㴠਍䩃ൾ漊ൺ《✷਍⁾湲਍湲൚⸊⠭ഩ爊⴮਍〼਍⡾⥪਍䍟਍繾਍਍楲൩㰊਍繾਍‮㸩਍樨娩਍㜶ധ爊湲਍樨娩਍屴⤨਍㨺⴮਍⹑伬਍䩏樨ഩ⤊㸺ൣ⠊縩਍∷湲਍桾൩⸊㰭਍⴮ൾ㘊਍㩺਍਍਍ㄱ‧〭മഊㄊ✰ㄭ⸱਍਍ⴱⴭⰭ਍਍൤縊⸮ഢ∊匢屦਍繾਍਍਍Ⅹശ∊匢屦਍繾਍਍湲਍഼縊਍਍਍ま਍繩਍繾਍繾਍਍਍䨨ഩ⠊ഩ㸊਍൲縊਍਍樨ഩㄊഭ《ഺ⠊⥊਍呦偬਍塍⠠✢ഩ縊✭⤠ാⴊ⵩‧⵲਍⁾ⴱ縠਍⠮⥊〠‬㸩਍∢❔൬尊⁊氭ⴠ琭਍晾ഺ稊‧∨⤧਍਍⁾⁾ൾ㨊䨺㬺⁏∢ൕ《⸮㨠〠਍⁾㨺〺਍繾縠਍‭㔼਍㭇縠娠਍⤨਍൲漊਍汖਍ൃ㬊㨺൵昊汔਍ CITY OF Community Development Department 10300 Torre Avenue Cupertino, CA 95014 Telephone (408) 777-3308 CUPERTINO Fax (408 777-3333 Planning Division May 30, 2008 Ms. Michelle Doyle RHL Design Group, Inc. 6020 W. Oaks Blvd. #200 Rocklin, CA 95765 RE: Project Comments on File No. DIR-2008-12: Director's Minor Modification to Allow an air cleaner tank (EVR phase 2) for gasoline at an existing service station located at 21530 Stevens Creek Blvd. Dear Michelle: I had an opportunity to visit the property today and have the following comments about your proposal. 1. The Healey EVR tank is located some distance away from the vent risers which are flushed against the building wall and rise about 18 inches above the roof of the building. 2. The Healey EVR tank needs to be connected to the vent risers and the possibility of having a pipe connection 18+ inches above the eave line of the roof for almost the entire length of the building is not an acceptable design solution. 3. Relocate the Healey EVR tank much closer to the vent risers to minimize the length of the connecting pipe. 4. Show screening details for the exposed piping, which may include a chase for exposed wall piping, or a roof screen for a roof top mount. Screening should match wall or roof materials. 5. Give me a call if you have any questions, 408-777-3257. Sincerely, Colin Jung Senior Planner Enhanced Vapor Recovery Description Aaron M. Newman P.E. February 1, 2008 Phase II Enhanced Vapor Recovery (EVR) will be required on all gasoline dispensing facilities with underground tanks in 2009. EVR describes a system that reduces vapor emissions by 98% over a non controlled system. Phase II refers to the controls on the dispensing side of a fuel system. The first company to be certified by California Air Resources Board (CARB) to achieve the reduction in vapor emissions was Healy Systems/Franklin Electric. This was qualified under CARB Executive Order VR -201—E. Description of How the Healy System Works The Healy system is comprised of 3 major components: 1. The dispensing nozzle 2. The vapor pump in the dispenser 3. The vapor saver at the vent The dispenser nozzle serves two very important functions. The first is to identify whether the vehicle to be filled has Onboard Refueling Vapor Recovery (ORVR). (Most vehicles manufactured after 2000 are ORVR equipped.) If the Vehicle is not ORVR equipped the nozzle meters the vapor returned to the fuel tank such that it is equal to the amount of fuel being dispensed. This means that most if not all of the vapors that are forced out of the tank during filling of the vehicle are returned to the underground tank. If the Vehicle is ORVR equipped then the nozzle meters the vapor returned to the tank such that it is only 1/4 that of the amount of fuel being dispensed. Since the vapors are processed in the vehicle clean air is returned to the tank, and since a greater volume is removed from the tank than is being returned a vacuum is formed in the tank. This vacuum keeps the vapors contained in the tank. The vapor pump in the dispenser ensure that the vapors are pumped from the vehicle to the underground storage tank. The Vapor Saver is a large tank with a bladder in it. The Vapor Saver is connected to the vent of the tank. In the event that the pressure in the tank becomes positive the vapors in the tank have a space to expand into, the inside of the bladder. The outside of the bladder is vented to atmosphere. The pressure or vacuum in the underground tank is limited by a Pressure/Vacuum relief valve installed on the tank vent pipe. It is extremely rare that the pressure in the system becomes positive and the excursion usually only lasts for a short period of time, because of this, the vapor rarely if ever condenses to a liquid in the Vapor Saver. The system was certified as a unit and must be installed as such. No modifications to the system are allowed. .' `County of Santa Clara Office of the County Clerk -Recorder Business Division County Government Center 70 West Hedding Street, E. Wing, 1" Floor San Jose, California 95110 (408) 299-5665, .ENVIRONMENTAL DECLARATION For CLERK -RECORDER'S USE ONLY AUG 0 5 2008 SEP 042008 POSTED 'ON THROUGH IN THE OFFICE OF THE COUNTY CLERK -RECORDER .REGINA ALCOMENDRAS, COUNTY CLERK BY 21 R. HiC)RRIC EPUTY NAME OF LEAD AGENCY: Latc,4�12 - nn. NAME OF, APPLICANT: CI e CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. ( ) NOTICE OF PREPARATION 2. (v,) NOTICE OF EXEMPTION 50.00 COUNTY CLERK FEE REQUIRED 3. NOTICE OF DETERMINATION: AUG 0 5 2008 R LCoOiN�®Cool autwatd'l EC131aCR—�G any Sa BY CLERK -RECORDER FILE NO. E-14969 CA Dept, of Fish and Game Receipt # 3 69244 NEGATIVE DECLARATION PURSUANT TO PUBLIC RESOURCES CODE 21080(C) ( ) 1926.75 REQUIRED ($1876.75 STATE FILING FEE AND $50.00 COUNTY CLERKFEE) ( ) A COMPLETED "CEQA FILING FEE NO EFFECT DETERMINATION FORM" FROM THE DEPARTMENT OF FISH & GAME, DOCUMENTING THE DFG'S DETERMINATION THAT THE PROJECT WILL HAVE NO EFFECT ON FISH, WILDLIFE AND HABITAT, OR AN OFFICIAL, DATED RECEIPT/ PROOF OF PAYMENT SHOWING PREVIOUS PAYMENT OF THE DFG FILING FEE FOR THE SAME PROJECT IS ATTACHED: 50.00 COUNTY CLERK FEE REQUIRED ENVIRONMENTAL IMPACT REPORT PURSUANT TO PUBLIC RESOURCES CODE 4 21152 ( ) 2656.75 REQUIRED ($2606.75 STATE FILING FEE AND $50.00 COUNTY CLERK FEE) ( ) A COMPLETED "CEQA FILING FEE NO EFFECT DETERMINATION FORM" FROM THE DEPARTMENT OF FISH & GAME, DOCUMENTING THE DFG'S DETERMINATION THAT THE PROJECT WILL HAVE NO EFFECT ON FISH, WILDLIFE AND HABITAT, OR AN OFFICIAL, DATED RECEIPT/ PROOF OF PAYMENT SHOWING PREVIOUS PAYMENT OF THE DFG FILING FEE FOR THE SAME PROJECT IS ATTACHED: 50.00 COUNTY CLERK FEE REQUIRED NOTE: "SAME PROJECT MEANS NO CHANGES. IF THE DOCUMENT SUBMITTED IS NOT THE SAME (OTHER THAN DATES), A "NO EFFECT DETERMINATION' LETTER FROM THE FISH AND GAME FOR THE SUBSEQUENT FILING OR THE APPROPRIATE FEES ARE REQUIRED. 4. Other: . . NO PROJECT SHAD BE OPER 77VE, VESTED, OR RNAL, NOR SHALL LOCAL FEES REQUIRED PURSUANT TO THIS SECTION ARE PAID.' GOVERNMENT PERM/TS POR THE PROJECT BE VAL/D, UNTIL THE FILING FISH & GAME CODE SECTION 711.4(C)(3) NOTICE TO BE POSTED FOR D DAYS. THIS FORM MUST BE COMPLETED AND ATTACHED TO THE FRONT OF ALL ENVIRONMENTAL DOCUMENTS LISTED ABOVE (INCLUDING COPIES) SUBMITTED FOR FILING. CHECKS SHOULD BE MADE PAYABLE TO: SANTA CLARA COUNTY CLERK -RECORDER. Board of Supervisors: Donald F. Gage, Blanca Alvarado, Pete McHugh, Ken Yeager, Liz Kniss County Executive: Peter Kutras, Jr. � o,-0,.01645407 Notice of Exemption To: County Clerk -Recorder 70 W. Hedding Street, 1st Floor East Wing—Business. Division San Jose, CA 95110 Project Title: DIR-2008-12 City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 E-14969 Project Location - (be specific): 21530 Stevens Creek Boulevard (Conco Phillips) Project Location- (City): Cupertino Project Location - (County): Santa Clara Description of Project: Director's Minor Modification for an air cleaner tank for gasoline at an existing service station. Name of Public Agency approving project: City of Cupertino Name of Person or Agency carrying out project: Michelle. Doyle Exempt Status: (check one) Ministerial (Sec. 21080(b)(1); 15268); — Declared Emergency (Sec: 21080(b)(3); 15269(a)); — Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); x Categorical Exemption. State type and section number: 15301— Existing Facilites —Statutory Exemption. State code number: Reasons why'project. is exempt: Project involves the erection of mechanical equipment to meet California Air Resources Board regulations. Lead Agency Contact Person GWin Jun Signature: I �/ dl Area code/telephone number (408) 777-3257 Date: July 18, 2008 Title: Senior Planner G: IPlanninglERCExemptl2008exemptl dir2008l2. doc PRE -APPLICATION FORINT Community Development Department 10300 Torre Avenue (408) 777-3308 / Fax (408) 777-3333 Cupertino, CA 95014 planning@cupertino.org http://www.cupertino.org/planning PLEASE NOTE: A pre -application conference is required prior to submittal on all applications. The purpose of the pre -application conference is to determine if the application is ready for submittal. Please call your project manager to schedule a time for the review of your application materials. We suggest you allow enough time prior to the application deadline to prepare additional information or make changes in case any are needed. Please bring this form to the pre -application meeting for a signature. Include this,form in your application submittal. ilication Request: �'_ oI_ f7k) P, Comments: Signed (planner) Date 61 61 As a part of the application review process, City of Cupertino employees may visit your site in order to take photographs, slides and/or videotape. These materials may be shown at a city meeting. Sheet 1 of 11 App_2004-05,doc revised 06/18/03