CC Resolution No. 22-145 approving the annual and five -year Development Impact Fee report for FY ending June 30 2022
RESOLUTION NO. 22-145
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
APPROVING THE ANNUAL & FIVE-YEAR DEVELOPMENT IMPACT FEE
REPORT FOR FY ENDING JUNE 30, 2022 AND MAKING REQUIRED
FINDINGS
WHEREAS, the Mitigation Fee Act (Government Code Section 66000 et
seq.) requires that an annual report regarding development impact fees be
submitted to the City Council at a regularly scheduled public meeting pursuant to
Section 66006; and
WHEREAS, Government Code Section 66001(d) further provides that the
City must, on a five-year basis, make certain findings with respect to unexpended
development impact fees; and
WHEREAS, the City of Cupertino - AB 1600 - Mitigation Fee Act Annual &
Five-Year Report for the fiscal year that ending June 30, 2022 (the “Annual and
Five-Year Report”), comprises the annual report required under Government
Code Section 66006(b) and five-year report required under Government Code
Section 66001(d) of the Mitigation Fee Act. Said report is included as Attachment
A and incorporated into this Resolution by this reference.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby:
1. Acknowledge the foregoing recitals are true and correct and incorporated into
this resolution by this reference.
2. Approves the Annual and Five-Year Report for FY ending June 30, 2022 in
accordance with the Mitigation Fee Act and incorporates by reference said
Report (Attachment A).
3. Adopts the findings required by Government Code 66001(d) as stated in the
Five-Year Reporting and Findings Requirement section of the Annual and
Five-Year Report (Attachment A), which demonstrate that, for each account or
fund:
Resolution No. 22-145
Page 2
a. The purpose of each fund is described in the Annual and Five-Year
Report.
b. A reasonable relationship exists between the fee charged to
development projects and the purpose for which it is charged, based
on the substantial evidence contained in the Annual and Five-Year
Report.
c. For each fund, the Annual and Five-Year Report identifies all sources
and amounts of funding anticipated to complete the financing of
incomplete improvements.
d. For each fund, the Annual and Five-Year Report designates the
approximate date on which the funding needed is expected to be
deposited into the fund.
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”) because it has no potential for
resulting in physical change in the environment. In the event that 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
certainty to have no possibility that the action approved may have a significant
effect on the environment. CEQA applies only to actions which 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 subject to CEQA. In this
circumstance, approving the report would have no or only a de minimis effect on
the environment. The foregoing determination is made by the City Council in its
independent judgment.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 20th day of December, 2022, by the following vote:
Members of the City Council
AYES: Wei, Mohan, Chao, Fruen
NOES: Moore
ABSENT: None
ABSTAIN: None
Resolution No. 22-145
Page 3
SIGNED:
________
Hung Wei, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
1/4/2023
1/9/23
Attachment A
Page | 1
394\01\1992522.1
City of Cupertino
AB 1600 ‐ Mitigation Fee Act
Annual & Five Year Report for the fiscal year ending June 30, 2022
Dept.: Community Development
Project: Below Market Rate (BMR) Housing Mitigation Fee
Local Authority:
Information on the City’s BMR Housing Mitigation Fee is provided as a courtesy. The City of
Cupertino has collected BMR mitigation fees from commercial and residential developments
since 1992 based on nexus studies conducted at that time. On May 5, 2015, the City Council
adopted Resolution 15-036, accepting three reports from Keyser Marston Associates, Inc. (KMA)
– Summary and Recommendations BMR Housing Mitigation Program, Non-Residential Jobs-
Housing Nexus Analysis, and Residential BMR Housing Nexus Analysis – which collectively
form the City’s Nexus Study justifying the current residential and non-residential Housing
Mitigation Fees. Per Resolution 17-052, the City Council adopted the updated BMR residential
and non-residential (office, research and development, industrial, hotel, retail and commercial)
Housing Mitigation Fees. On May 19, 2020, the City Council adopted Resolution 20-056, which
increased the Housing Mitigation Fees for hotels and for offices to levels lower than the
maximum amount needed to fully mitigate the burdens created by new development on the need
for affordable housing as determined in the KMA Reports, based in part on an Economic
Feasibility Analysis prepared by Strategic Economics concluding that increased fees would be
feasible. On April 21, 2020, the City Council adopted Resolution 20-037, amending the BMR
Housing Mitigation Fees to adopt fee categories and amounts for self-storage and warehouse uses
based in part on a report from KMA dated January 2020 and entitled “Supplement to the Non-
Residential Jobs-Housing Nexus Study” evaluating the impact of self-storage and warehouse land
uses on demand for affordable housing in the City and determining the maximum amount of a fee
needed to fully mitigate the burdens on affordable housing created by these types of development.
The fiscal year 2021-22 BMR Housing Mitigation Fee amounts are being reported below.
Voluntary Five Year Reporting & Findings Requirement:
1. The purpose of the BMR Housing Mitigation Fee is to help mitigate the need for affordable
housing as a result of new residential and non-residential development within the City of
Cupertino. The requirements for applicability to the BMR Housing Mitigation Fees are set forth
in the City’s adopted BMR Housing Mitigation Program Procedural Manual. The BMR Housing
Mitigation Fee schedule is as follows:
Residential (per sq. ft.) -
Detached Single Family Residence $19.28
Small Lot Single Family Residence or Townhome $21.21
Multi-Family Attached Townhome or Condo $25.71
Multi-Family Rental Apartment (1 to 35 du/ac) $25.71
Multi-Family Rental Apartment (over 35 du/ac) $32.14
Non-Residential (Per sq.ft.) –
Office, Research & Development, or Industrial $30.47
Attachment A
Page | 2
Hotel $15.24
Self-Storage, employee unit provided $0.57
Self-Storage, employee unit not provided $1.20
Warehouse $42.32
Commercial or Retail $12.85
BMR Housing Mitigation Fees were used to fund staff and administrative time, legal and
professional services, BMR housing placement services, rental mediation, contract services,
housing and homelessness strategies, and Habitat for Humanity.
The fees in the BMR Fund include funds paid to the City as conditions of development
agreements. When applicable, these fees are included in the tables below; however, there is no
requirement to prepare a five-year report regarding fees obtained through a development
agreement.
2. A reasonable relationship exists between the BMR Housing Mitigation Fee and the purpose for
which the fee was charged. The need for the BMR Housing Mitigation fees, as they were
identified when the fee was enacted, remains. See, Strategic Economics December 16, 2019
Economic Feasibility Study of Inclusionary Requirements.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost*
Fund
Balance
6/30/2022
%
Expected
to be
Funded
by Fees
Sources and
Amounts of
Funding
Anticipated
to Complete
the Project
Estimated
Date for
Funding to
be Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
Below
Market Rate
Housing
Mitigation
fee
$160,300,000 $5,462,532 100% Additional
Developer
Contributions
State and
Federal tax
credits, loans
and grants
As projects
develop/
redevelop
Ongoing Ongoing
* Based on RHNA allocation and affordability gaps estimated in the nexus study: Very-low income units (356) x
$241,000/unit = $87.8 million. Low income units (207) x $213,000/unit = $44.1 million. Moderate income units
(231) x $123,000/unit = $28.4 million. Total = $160.3 million.
Attachment A
Page | 3
394\01\1992522.1
Annual Report
Amount of Fee: Based on adopted Fee Schedule
FY2021-22
Trust
Fund
Activity
Fiscal Year
Purpose of Expenditure
Balance at
7/1/2021
$6,111,827
Fees
Collected
$39,211
*
Interest $70,915
Expended
Subtotal
($329,346)
($29,367)
($264,296)
($50,000)
($7,145)
($71,224)
($8,043)
($759,421)
Staff and administration
Legal and professional services
Housing placement services
Rental mediation services/contract services
Housing Strategies
Homelessness
Habitat for Humanity
Refunded 0
Unrestricted
balance at
6/30/2022
$5,462,532
*- Includes funds collected by Development Agreement
Attachment A
Page | 4
Dept.: Public Works
Project: Park Dedication In-Lieu Fee
Local Authority:
City of Cupertino: Municipal Code, Chapter 13.08
Five Year Reporting & Findings Requirement:
1. The purpose of the Park Dedication Fee is to help mitigate the need for additional outdoor
recreational area for new residential development within the City of Cupertino. The requirements
for applicability to the Park Dedication Fees are set forth in the City’s Municipal Code, Chapter
13.08, and the fee was adopted under the provisions of the Mitigation Fee Act. The Parkland
Dedication Fee is based on the fair market value of land within the City of Cupertino. Land
values are appraised bi-annually, and the Park Dedication Fees are updated accordingly. Park
Dedication Fees are used to fund parkland acquisitions and improvements to park and
recreational facilities.
The fees in the Park Dedication table below include funds paid to the City as a condition of
development agreements. Although these fees are included in the tables below, there is no
requirement to prepare a five-year report regarding fees obtained through a development
agreement. In addition, this table includes adopted fees imposed as a condition of development.
2. A reasonable relationship exists between the Park Dedication Fee and the purpose for which the
fee is charged, as additional parkland and facilities are needed to offset the increase in population
that additional residential units impacts. The need for the Park Dedication fees, as they were
identified when the fee was enacted, remains, as the City’s current park area per resident does not
yet meet the park acreage standard in the Park Dedication Fee ordinance and as development
continues to occur.
3. The sources and amounts of funding anticipated to complete the financing of the Park Dedication
are identified below:
• Developer Fair-Share Contributions from all projects that add residences.
4. The approximate dates on which the funding for the needed park acquisition and improvements is
expected to be deposited into the appropriate account are identified in the Five-Year Report on
the next page.
Attachment A
Page | 5
394\01\1992522.1
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost
Fund
Balance
6/30/2022
%
Expected
to be
Funded
by Fees
Sources and
Amounts of
Funding
Anticipated
to Complete
the Project
Estimated
Date for
Funding to
be
Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
Lawrence-
Mitty Park
$8,270,994 $5,401,272 100% Project is
fully funded
Winter 2020 Spring
2015
Summer 2023
Annual Report
Amount of Fee: Based on Fair-Market Value of land, through land appraisal
FY2021-22
Trust
Fund
Activity
Fiscal Year
Purpose of Expenditure
Balance at
7/1/2021
$9,051,726
Fees
Collected
$9,045,000
*
Interest $225,540
Expended
see
reservations
below
Refunded 0
Reserved** ($8,270,994)
($3,000,000)
($1,150,000)
($500,000)
Reserved for purchase and construction of
Lawrence-Mitty Park
Reserved for Memorial Park Pond Repurposing
Reserved for Memorial Park Amphitheater
Reserved for Memorial Park Specific Plan
Balance at
6/30/2022
$5,401,272
*- Includes funds collected by Development Agreement and other developments
**- Unused project funds will be returned to parkland in-lieu fee account
Attachment A
Page | 6
Dept.: Public Works
Project: Transportation Impact Fee
Local Authority:
City of Cupertino: Municipal Code, Chapter 14.02
Five Year Reporting & Findings Requirement:
1. The purpose of the Transportation Impact Fee is to help mitigate the impact to the City’s existing
transportation infrastructure due to new development, additions to existing structures or changes
in use within the City of Cupertino. The requirements for applicability to the Transportation
Impacts Fees are set forth in the City’s Municipal Code, Chapter 14.02, and the fee was adopted
under the provisions of the Mitigation Fee Act. The Transportation Impact Fee is based on the
Transportation Impact Fee Nexus Study. Transportation Impact Fees are used to fund capital
improvements to the City’s transportation infrastructure.
2. A reasonable relationship exists between the Transportation Impact Fee and the purpose for
which the fee is charged, as additional transportation infrastructure is needed to offset the
increased demand that new development, additions to existing structures and changes in use
create on the roadway network. The need for the Traffic Impact fees, as identified in the Nexus
Study remain, as the infrastructure improvements have not yet been constructed.
3. The sources and amounts of funding anticipated to complete the financing of the Transportation
Impact Fee are identified below:
• Developer Fair-Share Contributions from all projects that create new vehicle trips.
4. The approximate dates, on which the funding for the needed transportation impact improvements
is expected to be deposited, are identified in the Five-Year Report on the next page.
Attachment A
Page | 7
394\01\1992522.1
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost
Fund
Balance
6/30/2022
%
Expecte
d to be
Funded
by Fees
Sources and
Amounts of
Funding
Anticipated to
Complete the
Project
Estimated
Date for
Funding to
be
Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
Projects in the
Transportation
Impact Fee
Nexus Study
$59,780,125 $752,839 100% Additional
Developer
Contributions,
State and
Federal grants,
General Fund
Fall 2024 Winter
2019
Summer 2025
Annual Report
Amount of Fee: Based on Transportation Impact Fee Nexus Study
FY2021-22
Trust
Fund
Activity
Fiscal Year
Purpose of Expenditure
Balance at
7/1/2021
$468,998
Fees
Collected
$275,838
Interest $8,003
Expended
Subtotal
0
0
Refunded 0
Balance at
6/30/2022
$752,839
Attachment A
Page | 8
Dept.: Public Works
Project: N. Stelling/I-280 Bridge Pedestrian Lighting & Upgrades
Local Authority:
EXC-2007-06: Condition of Approval No. 21
TM-2007-02: Condition of Approval No. 24
Five Year Reporting & Findings Requirement:
1. The purpose of the N. Stelling/I-280 Bridge Pedestrian Lighting & Upgrades fee is to enhance the
pedestrian walkway along the east and west side of the North Stelling Road bridge that crosses
over Interstate 280. Public facilities to be funded with the fees were described in:
a. Villa Serra Apartments: ASA-2007-03: Condition of Approval No. 21, dated July 13,
2007 for Architectural Site Approval ($25,000 collected)
b. Las Palmas Subdivision: TM-2007-02: Condition of Approval No. 24, dated July 18,
2007 for Tentative Map Application ($25,000 collected)
2. A reasonable relationship exists between the North Stelling fee and the purpose for which the fee
was charged in that new development in the vicinity of the bridge increases pedestrian traffic
across the bridge. The need for improvements to the bridge, that were identified during the
review of the two projects, remains, as the bridge experiences increased pedestrian traffic due to
the two projects.
3. The sources and amounts of funding anticipated to complete the financing of the bridge
improvements are identified below:
• It is anticipated that the City of Cupertino General Fund will be used to supplement
revenue from fees.
4. The approximate dates on which the funding for the bridge improvements is expected to be
deposited into the appropriate account are identified in the Five-Year Report below.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost
Fund
Balance
6/30/2022
%
Expected
to be
Funded
by Fees
Sources and
Amounts of
Funding
Anticipated
to Complete
the Project
Estimated
Date for
Funding to
be Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
Pedestrian
Lighting &
Upgrades –
N. Stelling/
I280 Bridge
$100,000 $52,744 50% Anticipated
that City will
fund the
remaining
cost of the
project
Spring/2025 Summer/2025 Fall/2025
Attachment A
Page | 9
394\01\1992522.1
Annual Report
Amount of Fee: 25% Contribution to the total cost, based on estimated four projects contributing to
improvement.
FY 2021-22
Trust Fund
Activity
Fiscal
Year
Purpose of
Expenditure
Inception
To Date
Loans/Transfers
Balance at
7/1/2021
$ 52,222 Amount $ -
Fees Collected 0 $ 50,000 Repayment Date
(est.)
na
Interest $522 $6,294
Expended 0 ($3,550)
Refunded 0 0
Balance at
6/30/2022
$ 52,744 $ 52,744
Attachment A
Page | 10
Dept.: Public Works
Project: De Anza/McClellan/Pacifica signal modification
Local Authority:
TM-2002-02: Condition of Approval No. 23
Five Year Reporting & Findings Requirement:
1. The purpose of the De Anza/McClellan/Pacifica signal modification is to study and redesign the
traffic signal to improve the efficiency of the intersection. Public facilities to be funded with the
fees were described in:
a. Cupertino Town Square: TM-2002-02: Condition of Approval No. 2, dated July 15, 2003
for Tentative Map application ($145,700 collected)
2. A reasonable relationship exists between the De Anza/McClellan/Pacifica signal modification
contribution and the purpose for which the fee was charged, in that the new development
introduces additional vehicular and pedestrian traffic to the intersection. The need for
improvements to the intersection and the traffic signal, as they were identified during the review
of the project, remains. The intersection continues to run less efficiently than other intersections
in the area.
3. The sources and amounts of funding anticipated to complete financing of the intersection
improvements are identified below:
• Developer Fair-Share Contributions from other projects that contribute traffic to the
intersection.
• It is anticipated that the City of Cupertino General Fund will be used to supplement
revenue from fees.
• Vehicle Emissions Reductions Based at Schools (VERBS) Grant funding.
4. The approximate dates on which the funding for the bridge improvements is expected to be
deposited into the appropriate account are identified below.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost
Fund
Balance
6/30/2022
%
Expected
to be
Funded
by Fees
Sources and
Amounts of
Funding
Anticipated to
Complete the
Project
Estimated
Date for
Funding to
be
Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
Traffic Signal
& Intersection
Improvements
De Anza Blvd/
McClellan Rd/
Pacifica Ave
$1,200,000 $62,841 14% Developer
Contributions,
General Fund,
and VERBS
Grants
Funding
has been
provided.
Summer/
2019
Spring
2021
Fall 2023
Attachment A
Page | 11
394\01\1992522.1
Annual Report
Amount of Fee: 12.5% Contribution to the total cost based on estimated contribution of four projects.
FY2021-22
Trust Fund
Activity
Fiscal
Year
Purpose of
Expenditure
Inception
To Date
Loans/Transfers
Balance at
7/1/2021
$167,278 Amount $ -
Fees Collected 0 $ 145,700 Repayment Date
(est.)
na
Interest $1,673 $23,251
Expended ($106,110) Design
Services
($106,110)
Refunded 0 0
Balance at
6/30/2022
$62,841 $62,841
Attachment A
Page | 12
Dept.: Public Works
Project: Stevens Creek Blvd. and Bandley Drive Signal Improvements
Local Authority:
ASA-2011-12: Condition of Approval No. 43
Five Year Reporting & Findings Requirement:
1. The purpose of the Stevens Creek Blvd and Bandley Drive Traffic Signal Improvement fee is to
partially fund upgrades to the traffic signal in order to improve the efficiency of the intersection.
Public facilities to be funded with the fees were described in:
a. Cupertino Crossroads: ASA-2011-12: Condition of Approval No. 43 dated November 17,
2011 for Architectural Site Approval ($25,000 collected)
2. A reasonable relationship exists between the Stevens Creek Blvd. and Bandley Drive Signal
Improvements fee and the purpose for which the fee was charged, in that the new development
has a driveway that connects directly to the signalized intersection and the development will
introduce additional vehicular and pedestrian traffic to the intersection. The need for the
improvements to the intersection, which were identified during the review of the project, remains.
3. The sources and amounts of funding anticipated to complete financing of the signal upgrades
improvements are identified below:
• Developer Fair-Share Contributions from other projects in the vicinity of the intersection.
• It is anticipated that the City of Cupertino General Fund will be used to supplement
revenue from fees.
4. The approximate dates on which the funding for the signal improvements is expected to be
deposited into the appropriate account are identified below.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost
Fund
Balance
6/30/2022
%
Expected
to be
Funded
by Fees
Sources and
Amounts of
Funding
Anticipated
to Complete
the Project
Estimated
Date for
Funding
to be
Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
Stevens Creek
Blvd and
Bandley
Drive Signal
Improvements
$185,000 $13,701 5% Developer
Contributions,
and General
Fund.
Funding
has been
provided.
Summer/
2019
Spring/2020 Summer/2023
Attachment A
Page | 13
Annual Report
Amount of Fee: Contribution from expected nearby developments, based on estimated addition of traffic
to intersection.
FY2021-22
Trust Fund
Activity
Fiscal
Year
Purpose of
Expenditure
Inception
To Date
Loans/Transfers
Balance at
7/1/2021
$13,565 Amount $ -
Fees Collected 0 $ 25,000 Repayment Date
(est.)
na
Interest $136 $1,827
Expended 0 Kimley Horn
Contract
($13,126)
Refunded 0 0
Balance at
6/30/2022
$13,701 $ 13,701
Attachment A
Page | 14
Dept.: Public Works
Project: Traffic Mitigation at Homestead Rd and Lawrence Expressway
Local Authority:
TM-2012-04: Condition of Approval No. 87
Five Year Reporting & Findings Requirement: Provided for information only. Five years have not
elapsed since initial deposit.
1. The purpose of the Traffic Mitigation at Homestead Rd and Lawrence Expressway fee is to fund
improvements to the intersection in order to address traffic impacts from the project. Public
facilities to be funded with the fees were described in:
a. Main Street Cupertino: TM-2012-04: Condition of Approval No. 87, dated September 20,
2012 for Tentative Map application ($400,000 collected)
2. A reasonable relationship exists between the Traffic Mitigation at Homestead Rd and Lawrence
Expressway fee and the purpose for which the fee was charged, in that the development, in the
vicinity of the intersection, introduces additional traffic to the intersection. The County of Santa
Clara has estimated a cost to upgrade the intersection, and the Environmental Impact Report
assessed a fair share contribution from the project to address its portion of the impact. The need
for improvements to the intersection, as they were identified during the review of the project,
remains.
3. The sources and amounts of funding anticipated to complete financing of the intersection
improvements are to be identified by the County of Santa Clara.
4. The approximate dates on which the funding for the intersection improvements is expected to be
deposited into the appropriate account are identified below.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost
Fund
Balance
6/30/2022
%
Expecte
d to be
Funded
by Fees
Sources and
Amounts of
Funding
Anticipated
to Complete
the Project
Estimated
Date for
Funding to
be
Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
Traffic
Mitigation at
Homestead
Rd and
Lawrence
Expressway
Bridge
$4,000,000 $435,169 100% To be
determined
by the
County of
Santa Clara
When
adequate
funds have
been
acquired by
the County
to begin the
project.
Anticipated
Summer/
2025
Fall/2026 Summer/2027
Attachment A
Page | 15
Annual Report
Amount of Fee: Based on Fair-Share Contribution assessed by Environmental Impact Report
FY2021-22
Trust Fund
Activity
Fiscal
Year
Purpose of
Expenditure
Inception
To Date
Loans/Transfers
Balance at
7/1/2021
$430,861 Amount $ -
Fees Collected 0 $400,000 Repayment Date
(est.)
na
Interest $4,308 $35,169
Expended 0 0
Refunded 0 0
Balance at
6/30/2022
$435,169 $435,169
Attachment A
Page | 16
Dept.: Public Works
Project: Traffic Calming to Mitigate Impacts from Main Street Cupertino
Local Authority:
TM-2012-04: Condition of Approval No. 93
Five Year Reporting & Findings Requirement: Provided for information only. Five years have not
elapsed since initial deposit.
1. The purpose of the Traffic Calming to Mitigate Impacts from Main Street Cupertino fee is to help
mitigate traffic impacts in the adjacent neighborhoods resulting from the project, for a period of 5
years following project occupancy. Public facilities to be funded with the fees were described in:
a. Main Street Cupertino TM-2012-04: Condition of Approval No. 93 dated 9/20/2012 for
Tentative Map application ($100,000 collected).
2. A reasonable relationship exists between the Traffic Calming fee and the purpose for which the
fee was charged, in that the development introduces additional traffic to the surrounding
neighborhoods. The City will utilize the funds as needed to address traffic impacts to the
surrounding neighborhoods, for a period of 5-years after occupancy.
3. The sources and amounts of funding anticipated to complete financing of the traffic calming
mitigations were collected with the project ($100,000).
4. The approximate dates on which the funding for the improvements is expected to be deposited
into the appropriate account are identified below.
5. The initial deposit was collected upon project occupancy in June 2018 and is expected to be
refunded to the payor before June 2023, unless the City finds need to implement traffic calming
mitigations by said date.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost
Fund
Balance
6/30/2022
%
Expected
to be
Funded
by Fees
Sources and
Amounts of
Funding
Anticipated
to Complete
the Project
Estimated
Date for
Funding to
be Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
Traffic
Calming
along
Rodrigues
Ave. and
Pacifica Dr.
$100,000 $108,793 100% Project fully
funded
Fees have
been
collected.
Development
Project
completed
June 2018
Fall/2021 June 2023
Attachment A
Page | 17
Annual Report
Amount of Fee: Estimated Full Cost of the Study and potential improvements.
FY2021-22
Trust Fund
Activity
Fiscal
Year
Purpose of
Expenditure
Inception
To Date
Loans/Transfers
Balance at
7/1/2021
$107,715 Amount $ -
Fees Collected 0 $100,000 Repayment Date
(est.)
na
Interest $1,078 $8,793
Expended 0 0
Refunded 0 0
Balance at
6/30/2022
$108,793 $108,793
Attachment A
Page | 18
Dept.: Public Works
Project: Creek Trail Improvements along Calabazas Creek
Local Authority:
TM-2012-04: Condition of Approval No. 47
Five Year Reporting & Findings Requirement: Provided for information only. Five years have not
elapsed since initial deposit.
1. The purpose of the Creek Trail Improvements along Calabazas Creek contribution is to
administer a creek trail plan, the necessary approvals and improvements for a new trail along
Calabazas Creek from Vallco Parkway to Interstate 280. Public facilities to be funded with the
fees were described in:
a. Main Street Cupertino: TM-2012-04: Condition of Approval No. 47 dated September 20,
2012 for Tentative Map application ($65,000 collected)
2. A reasonable relationship exists between the Creek Trail Improvements along Calabazas Creek
Fee and the purpose for which the fee was charged in that development in the vicinity of the
proposed creek trail introduces additional pedestrian traffic to the area, causing the need to
provide additional and alternative means of pedestrian access and recreation to new residents and
visitors to the development. The need for a new creek trail, as it was identified during the review
of the project, remains.
3. The sources and amounts of funding anticipated to complete financing of the project are
identified below:
• Developer Fair-Share Contributions from other projects in the vicinity of the proposed
creek trail location
4. The approximate dates on which the funding for the trail improvements is expected to be
deposited into the appropriate account are identified in the Five-Year Report on the next page.
Attachment A
Page | 19
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost
Fund
Balance
6/30/2022
%
Expected
to be
Funded
by Fees
Sources and
Amounts of
Funding
Anticipated
to Complete
the Project
Estimated
Date for
Funding to
be Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
Creek Trail
Improvements
along
Calabazas
Creek
$195,000 $70,716 100% Additional
Developer
Contributions
are needed to
complete the
project
Developer
contributions
obtained
when
adjacent
properties
redevelop.
Anticipated
Summer/2022
Spring/2023 Spring/2024
Annual Report
Amount of Fee: Contribution equivalent to 1/3 of the estimated cost of creek trail plan
FY2021-22
Trust Fund
Activity
Fiscal
Year
Purpose of
Expenditure
Inception
To Date
Loans/Transfers
Balance at
7/1/2021
$ 70,016 Amount $ -
Fees Collected 0 $ 65,000 Repayment Date
(est.)
na
Interest $700 $5,716
Expended 0 0
Refunded 0 0
Balance at
6/30/2022
$70,716 $70,716
Attachment A
Page | 20
Dept.: Public Works
Project: Parking Conversion Fund along Vallco Parkway
Local Authority:
TM-2012-04: Condition of Approval No. 67
Five Year Reporting & Findings Requirement:
1. The purpose of the Parking Conversion Fund along Vallco Parkway is to enable the City to
convert the angled parking spaces along the south side of Vallco Parkway to parallel parking
spaces and an additional east-bound traffic lane. Public facilities to be funded with the fees were
described in:
a. Main Street Cupertino: TM-2012-04: Condition of Approval No. 67 dated 9/20/2012 for
Tentative Map application ($450,000 collected)
2. A reasonable relationship exists between the Parking Conversion Fund along Vallco Parkway and
the purpose for which the fund was collected in that new development is adjacent to this section
of Vallco Parkway, and the development reduced the number of east-bound lanes a part of their
project. The Fund will permit the City to reestablish the east-bound lane that was lost, due to the
development, should it be found that the additional lane is necessary to serve the public. The
fund is based on the estimated cost to perform the work. The need for the funds, that were
identified when the funds was imposed, remain, as the development project has not yet been
completed, and the full impact of traffic to this portion of road has not yet materialized.
3. The sources and amounts of funding anticipated to complete financing of the conversion were
collected with the project ($450,000).
4. The approximate dates on which the funding for the conversion is expected to be deposited into
the appropriate account are identified below.
5. The initial deposit was collected upon project occupancy in June 2018 and is expected to be
refunded to the payor before June 2023, unless the City finds need to convert the parking by said
date.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost
Fund
Balance
6/30/2022
%
Expect
ed to
be
Funded
by Fees
Sources and
Amounts of
Funding
Anticipated
to Complete
the Project
Estimated
Date for
Funding to
be Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
Parking
Conversion
Fund along
Vallco
Parkway
$450,000 $489,566 100% No
additional
funds
needed at
this time.
Fees have
been collected.
Development
Project
completed
June 2018
June 2018 June 2023
Attachment A
Page | 21
Annual Report
Amount of Fee: Estimated Full Cost of the potential improvements.
FY2021-22
Trust Fund
Activity
Fiscal
Year
Purpose of
Expenditure
Inception
To Date
Loans/Transfers
Balance at
7/1/2021
$484,719 Amount $ -
Fees Collected 0 $450,000 Repayment Date
(est.)
na
Interest $4,847 $39,566
Expended 0 0
Refunded 0 0
Balance at
6/30/2022
$489,566 $489,566
Attachment A
Page | 22
Dept.: Public Works
Project: Funding of Neighborhood Cut-through Traffic and Parking Intrusion Monitoring
Local Authority:
TM-2011-03: Condition of Approval No. 49
Five Year Reporting & Findings Requirement: Provided for information only. Five years have not
elapsed since initial deposit.
1. The purpose of the Funding of Neighborhood Cut-through Traffic and Parking Intrusion
Monitoring Fee is to monitor and address traffic and parking intrusion, in neighborhoods adjacent
to the project site, due to the practices of employees who will work at the project site. Public
facilities to be funded with the fees were described in:
a. Apple Campus 2: Ordinance 13-2114: Resolution Approving Apple Campus 2
Development Agreement – Section 3.13 and TM 2011-03: Condition of Approval No. 49
dated 10/15/2013 for Tentative Map Application ($850,000 collected)
2. A reasonable relationship exists between the Funding of Neighborhood Cut-through Traffic and
Parking Intrusion Monitoring fee and the purpose for which the fee was charged in that the traffic
from the development, for which the fee is to be used to monitor, has not yet materialized because
the development has not been fully constructed or occupied. The City will begin monitoring
activities in the fall of 2017. The $850,000 fee was based on an estimate of the cost to perform
the monitoring and make minor modifications to address traffic and parking intrusion concerns.
The need for traffic and parking intrusion monitoring, as it was identified during the review of the
project, remains. The traffic, for which the fees are to be used to monitor, has not yet
materialized.
3. The sources and amounts of funding anticipated to complete monitoring and improvements were
collected with the project ($850,000).
4. The approximate dates on which the funding for the monitoring is expected to be deposited into
the appropriate account are identified below.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost
Fund
Balance
6/30/2022
%
Expected
to be
Funded
by Fees
Sources and
Amounts of
Funding
Anticipated to
Complete the
Project
Estimated
Date for
Funding to
be
Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
Funding of
Neighborhood
Cut-through
Traffic and
Parking
Intrusion
Monitoring
$869,223 $881,397 100% No additional
funds needed
at this time.
Fall/ 2017 Summer/2017 Winter/2026
Attachment A
Page | 23
Annual Report
Amount of Fee: Estimated Full Cost of the Study and potential improvements.
FY2021-22
Trust Fund
Activity
Fiscal
Year
Purpose of
Expenditure
Inception
To Date
Loans/Transfers
Balance at
7/1/2021
$872,670 Amount $ -
Fees Collected 0 $850,000 Repayment Date
(est.)
na
Interest $8,727 $72,875
Expended 0 IDAX &
Stantec
Consulting
Contracts
($41,478)
Refunded 0 0
Balance at
6/30/2022
$881,397 $881,397
Attachment A
Page | 24
Dept.: Public Works
Project: Implement a Traffic-Adaptive Traffic Signal System along De Anza Blvd
Local Authority:
TM-2011-03: MitigationTRANS-13c
Five Year Reporting & Findings Requirement: Provided for information only. Five years have not
elapsed since initial deposit.
1. The purpose of the Traffic-Adaptive Traffic Signal System along De Anza Blvd fee is to
implement traffic-adaptive technology to the traffic signals along De Anza Blvd within the
jurisdiction of the City of Cupertino. Public facilities to be funded with the fees were described
in:
a. Apple Campus 2: Ordinance 13-2114: Resolution Approving Apple Campus 2
Development Agreement – Section 3.13 and TM-2011-03: Mitigation TRANS-13c, dated
10/15/2013 for Tentative Map application ($50,000 collected)
2. A reasonable relationship exists between the traffic-adaptive traffic signal system along De Anza
Blvd fee and the purpose for which the fee was charged in that new development will introduce
additional traffic to De Anza Boulevard, and more efficient traffic signal timing will be needed to
address the additional traffic. The fee was based on a fair-share contribution of the estimated
total cost to install the traffic-adaptive technology. The need for traffic-adaptive technology, as it
was identified during the review of the project, remains.
3. The sources and amounts of funding anticipated to complete the traffic-adaptive technology
upgrades will be provided through fair-share contributions from other developers that impact the
corridor.
4. The approximate dates on which the funding for the traffic adaptive technology is expected to be
deposited into the appropriate account are identified below.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost
Fund
Balance
6/30/2022
%
Expected
to be
Funded
by Fees
Sources and
Amounts of
Funding
Anticipated
to Complete
the Project
Estimated
Date for
Funding to
be Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
Traffic-
Adaptive
Traffic Signal
System along
De Anza Blvd
$250,000 $54,396 100% Fair share
contributions
from other
developers
that impact
the corridor
Developer
contributions
obtained
when
adjacent
properties
redevelop.
Anticipated
Summer/2020
Fall/2019 Summer
2025
Attachment A
Page | 25
Annual Report
Amount of Fee: Based on Fair-Share Contribution assessed by engineer’s cost estimate
FY2021-22
Trust Fund
Activity
Fiscal
Year
Purpose of
Expenditure
Inception
To Date
Loans/Transfers
Balance at
7/1/2021
$ 53,858 Amount $ -
Fees Collected 0 $ 50,000 Repayment Date
(est.)
na
Interest $538 $4,396
Expended 0 0
Refunded 0 0
Balance at
6/30/2022
$54,396 $54,396
Attachment A
Page | 26
Dept.: Public Works
Project: Interstate 280/Junipero Serra Channel Trail Improvements
Local Authority:
TM-2011-03: Mitigation PLAN-3
Five Year Reporting & Findings Requirement: Provided for information only. Five years have not
elapsed since initial deposit.
1. The purpose of the Interstate 280/Junipero Serra Channel Trail Improvements fee is to partially
fund a feasibility study for a new trail along I-280/Junipero Serra Channel from N. De Anza Blvd
to Calabazas Creek. Public facilities to be funded with the fees were described in:
a. Apple Campus 2: Ordinance 13-2114: Resolution Approving Apple Campus 2
Development Agreement – Section 3.13 and TM-2011-03: Mitigation PLAN-3, dated
10/15/2013 for Tentative Map application ($250,000 collected)
b. Cupertino Property Development – Hyatt House – 10380 Perimeter Rd: DP-2014-04:
Condition of Approval No. 21, dated October 21, 2014, for Development Permit
application ($66,000 collected).
2. A reasonable relationship exists between the I-280/Junipero Serra Channel Trail Improvements
fee, and the purpose for which the fee was charged, in that the development in the vicinity of the
proposed trail will introduce additional pedestrian and bicycle traffic between the new campus
and the existing campus, causing the need to provide additional and alternative routes between
the developments. The need for a new trail study, as it was identified during the review of the
project, remains, as the study has not yet completed.
3. The sources and amounts of funding anticipated to complete financing of the study are identified
below:
• Developer Fair-Share Contributions from other projects in the vicinity of the proposed
trail location.
4. The approximate dates on which the funding for the bridge improvements is expected to be
deposited into the appropriate account are identified on the next page.
Attachment A
Page | 27
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost
Fund
Balance
6/30/2022
%
Expected
to be
Funded
by Fees
Sources and
Amounts of
Funding
Anticipated
to Complete
the Project
Estimated
Date for
Funding to
be Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
Interstate
280/Junipero
Serra Channel
Trail
Improvements
$500,000 $67,301 100% Additional
Developer
Contributions
are needed to
complete the
project
Developer
contributions
obtained
when
adjacent
properties
redevelop.
Ongoing.
Fall/2017 Spring/2024
Annual Report
Amount of Fee: Contribution equivalent to approximately 60% of the estimated cost of implementation
FY2021-22
Trust Fund
Activity
Fiscal
Year
Purpose of
Expenditure
Inception
To Date
Loans/Transfers
Balance at
7/1/2021
$66,634 Amount $ -
Fees Collected 0 $ 316,000 Repayment Date
(est.)
na
Interest $667 $15,626
Expended 0 Callander
Assoc.
Contract
($264,325)
Refunded 0 0
Balance at
6/30/2022
$67,301 $67,301
Attachment A
Page | 28
Dept.: Public Works
Project: Contribution towards Stevens Creek Blvd. Bicycle Lane Improvements
Local Authority:
ASA-2018-01: Condition of Approval No. 43
Five Year Reporting & Findings Requirement:
5. The purpose of the Stevens Creek Blvd. Bicycle Lane Improvement fee is to partially fund
upgrades to the bicycle lanes on Stevens Creek Blvd in order to improve the enhance the safety of
the bicycle lanes. Public facilities to be funded with the fees were described in:
a. Target Improvements: ASA-2018-01: Condition of Approval No. 22 dated August 14,
2018 for Architectural Site Approval ($75,000 collected)
6. A reasonable relationship exists between the Stevens Creek Blvd. Bicycle Lane Improvements
fee and the purpose for which the fee was charged, in that the new development abuts Stevens
Creek Blvd., and will introduce additional traffic to the area. The need for the improvements to
the bicycle lanes, which were identified during the review of the project, remains.
7. The sources and amounts of funding anticipated to complete financing of the signal upgrades
improvements are identified below:
• Developer Fair-Share Contributions from other projects along Stevens Creek Blvd.
• It is anticipated that the City of Cupertino General Fund will be used to supplement
revenue from fees.
8. The approximate dates on which the funding for the signal improvements is expected to be
deposited into the appropriate account are identified below.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost
Fund
Balance
6/30/2022
%
Expected
to be
Funded
by Fees
Sources and
Amounts of
Funding
Anticipated
to Complete
the Project
Estimated
Date for
Funding
to be
Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
Stevens Creek
Bicycle Lane
Improvements
(Wolfe Rd to
Hwy 85)
$2,800,000 $78,921 3% Developer
Contributions,
and General
Fund.
Winter/
2021
Spring/2021 Summer/2024
Attachment A
Page | 29
Annual Report
Amount of Fee: Contribution from developments, based on estimated costs to construct facilities along
property frontages.
FY2021-22
Trust Fund
Activity
Fiscal
Year
Purpose of
Expenditure
Inception
To Date
Loans/Transfers
Balance at
7/1/2021
$78,140 Amount $ -
Fees Collected 0 $ 75,000 Repayment Date
(est.)
na
Interest $781 $3,921
Expended 0 0
Refunded 0 0
Balance at
6/30/2022
$78,921 $ 78,921