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CEQA - CCE (Cup)Santa Clara County Clerk -Recorder's office County of Santa Clara COLT State of California Document No.: Office of the County Clerk -Recorder ��� �I l��i Number of Pages: Business Division Filed and Posted on: Through: County Government Center sc �NTq cVt~ oL 113857# CRo order Number: 70 West Hedding Street, E. Wing, 1 Floor San Jose, California 95110 (408) 299-5688 Fee Total: CEQA DOCUMENT DECLARATION REGINA ALCoMENQRAS, County Clerk -Record ENVIRONMENTAL FILING FEE RECEIPT by Mike Louie, Clerk -Recorder office Spe,- PLEASE COMPLETE THE FOLLOWING: 1. LEAD AGENCY: City of Cupertino 2. PROJECT TITLE: Implementation of a Community Choice Aggregation Program 3. APPLICANT NAME: City of Cupertino PHONE: (408) 777-7603 4. APPLICANT ADDRESS: 10300 Torre Ave., Cupertino, CA 95014 5. PROJECT APPLICANT IS A: ❑x Local Public Agency ❑ School District ❑ Other Special District ❑ State Agency ❑ Private Entity 6. NOTICE TO BE POSTED FOR 35 DAYS. 7. CLASSIFICATION OF ENVIRONMENTAL DOCUMENT a. PROJECTS THAT ARE SUBJECT TO DFG FEES ❑ 1. ENVIRONMENTAL IMPACT REPORT (PUBLIC RESOURCES CODE §21152) $ 3,070.00 $ 0.00 ❑ 2. NEGATIVE DECLARATION (PUBLIC RESOURCES CODE §21080(C) $ 2,210.25 $ 0.00 ❑ 3. APPLICATION FEE WATER DIVERSION (STATE WATER RESOURCES CONTROL BOARD ONLY) $ 850.00 $ 0.00 ❑ 4. PROJECTS SUBJECT TO CERTIFIED REGULATORY PROGRAMS $ 1,043.75 $ 0.00 ❑ 5. COUNTY ADMINISTRATIVE FEE (REQUIRED FOR a-1 THROUGH a-4 ABOVE) $ 50.00 $ 0.00 Fish & Game Code §711.4(e) b. PROJECTS THAT ARE EXEMPT FROM DFG FEES 0 1. NOTICE OF EXEMPTION ($50.00 COUNTY ADMINISTRATIVE FEE REQUIRED) $ 50.00 $ 50.00 ❑ 2. 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 I PROOF OF PAYMENT SHOWING PREVIOUS PAYMENT OF THE DFG FILING FEE FOR THE *SAME PROJECT IS ATTACHED ($50.00 COUNTY ADMINISTRATIVE FEE REQUIRED) DOCUMENT TYPE: ❑ ENVIRONMENTAL IMPACT REPORT ❑ NEGATIVE DECLARATION $ 50.00 $ 0.00 c. NOTICES THAT ARE NOT SUBJECT TO DFG FEES OR COUNTY ADMINISTRATIVE FEES ❑ NOTICE OF PREPARATION ❑ NOTICE OF INTENT NO FEE $ NO FEE 8. OTHER: FEE (IF APPLICABLE): $ 9. TOTAL RECEIVED........................................................................................................................................................ $ 50.00 "NOTE: "SAME PROJECT' MEANS NO CHANGES. IF THE DOCUMENT SUBMITTED IS NOT THE SAME (OTHER THAN DATES), A "NO EFFECT DETERMINATION" LETTER FROM THE DEPARTMENT OF FISH AND GAME FOR THE SUBSEQUENT FILING OR THE APPROPRIATE FEES ARE REQUIRED, THIS FORM MUST BE COMPLETED AND ATTACHED TO THE FRONT OF ALL CEQA DOCUMENTS LISTED ABOVE (INCLUDING COPIES) SUBMITTED FOR FILING. WE WILL' NEED AN ORIGINAL (WET SIGNATURE) AND THREE COPIES. (YOUR ORIGINAL WILL BE RETURNED TO YOU AT THE TIME OF FILING.) CHECKS FOR ALL FEES SHOULD BE MADE PAYABLE TO: SANTA CLARA COUNTY CLERK -RECORDER PLEASE NOTE: FEES ARE ANNUALLY ADJUSTED (Fish & Game Code §711.4(b); PLEASE CHECK WITH THIS OFFICE AND THE DEPARTMENT OF FISH AND GAME FOR THE LATEST FEE INFORMATION. . NO PROJECT SHALL BE OPERATIVE, VESTED, OR FINAL, NOR SHALL LOCAL GOVERNMENT PERMITS FOR THE PROJECT BE VALID, UNTIL THE FILING FEES REQUIRED PURSUANT TO THIS SECTION ARE PAID." Fish & Game Code §711.4(c)(3) (Fees Effective 01-01-2010) 19984 3 3/23/2016 4/27/2016 50.00 NOTICE OF EXEMPTION Date: March 18, 2016 Project No. To: X County Clerk FROM: Sustainability Division Santa Clara County City of Cupertino 70 West Hedding Street 10300 Torre Avenue San Jose, California 95110 Cupertino, CA 95014 Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, California 95814 Implementation of a Community Choice Aggregation Program Project Title Cupertino, CA Project Location (Specific) Cupertino, CA - Santa Clara County Project Location - City & County For Clerk Use Only This action involves the adoption of an ordinance to implement a Community Choice Aggregation Program ("Program"), pursuant to Public Utilities Code Section 366.2. The Program will provide electric generation services to its customers with the goals of providing greater choice for power providers, electric rates that are competitive with those provided by the incumbent utility, increased renewable energy generation, lower greenhouse gas reductions, and increased energy conservation and efficiency projects and programs. Description of Nature, Purpose, and Beneficiaries of Project Cityof f Cupertino Name of Person or Agency Approving Project City of Cupertino, Sustainability Division, Office of the City Manager Name of Person or Agency Carrying Out Project Exempt Status: (Check One) Ministerial (Sec. 15073) Declared Emergency (Sec. 1507 (a)) Emergency Project (Sec. 1507 (b) and (c)) X Categorical Exemption. State type and section number: Not a Project (Section 15378(a)); No Possibility of Impact (Sec. 15061(b)(3)); Actions by Regulatory Agencies for the Protection of the Environment, Class 8 (Sect. 15308) Not a Project (Sec. 15378(a)): The implementation of a Community Choice Aggregation Program is not a "Project" as that term is defined by CEQA as the transfer of electricity services from Fiie#: 19984 3/23/2016 one provider to another is not an action that has the potential for resulting in a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. The adoption of the implementing ordinance does not approve the construction of any new facilities. No possibility of Impact (Sec. 15061(b)(3)): If the implementation of the Program is a "Project" as defined by CEQA, it is not subject to CEQA pursuant to CEQA Guidelines Section 15061(b)(3). CEQA applies only to projects which have the potential for causing a significant effect on the environment. The implementation of the Program simply transfers utility service from the incumbent utility to a Joint Powers Authority. Therefore, it can be seen with certainty that there is no possibility that this action would have a significant effect on the environment, and the Program is not subject to CEQA. Action by a Regulatory Agency to Protect the Environment (Sec. 15308): Finally, since the Program's principle objectives are to implement increased renewable energy supplies and energy conservation and efficiency programs, for the benefit of achieving reduced greenhouse gas emissions, thereby protecting the environment. Therefore, implementation of the Program is also categorically exempt as a regulatory action taken to protect the environment pursuant to CEQA Guidelines Section 15308. Erin M. Cooke (408) 777-7603 erinc(ibcupertino.org Contact Person Telephone E-mail r 4 Signature Date �s� J Cl- File#: 19984 312312o16