CC Resolution No. 17-112 Approving the Annual and Five Year Development Impact Fee Reports and Making Required FindingsRESOLUTION NO. 17-112
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING
ANNUAL AND FIVE-YEAR DEVELOPMENT IMPACT FEE REPORTS 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; 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 attached report entitled City of Cupertino -AB 1600 -Mitigation Fee Act
Annual & Five Year Report for the fiscal year ended June 30, 2017 (the" Annual and Five-Year
· Report") comprises the annual and five-year reports required by the Mitigation Fee Act and
contains substantial evidence to make the findings required by Section 66001( d); and
NOW, THEREFORE, BE IT RESOLVED:
1 . The foregoing recitals are true and correct and incorporated into this resolution by this
reference.
2. The City Council hereby approves the Annual and Five-Year Report, which contains the
annual and five-year reports under the Mitigation Fee Act.
3. The City Council hereby 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, which demonstrates that, for each account or fund:
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.
Resolution No. 17-112
Page 2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 21st day of November, 2017, by the following vote:
Vote Members of the City Council
A YES: Vaidhyanathan, Paul, Chang, Scharf, Sinks
NOES: None
ABSENT : None
ABSTAIN: None
ATTEST: APPROVED:
fuc~1¥l4d
Grace Schmidt, City Clerk
-4~~~a""<~
Savita Vaidhyana ~ayor,
City of Cupertino
Attachment A
City of Cupertino
AB 1600 -Mitigation Fee Act
Annual & Five Year Report for the fiscal year ending June 30, 2017
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 16-050, the City Council adopted the updated BMR residential
and non-residential ( office, research and development, industrial, hotel, retail and commercial)
Housing Mitigation Fees for purposes of this reporting year (July 1, 2016 -June 30 , 2017). The
fiscal year 2016-17 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 :
Page 11
Residential (per sq. ft.) -
Detached Single Family
Small Lot Single Family or Town home
Multi-Family Attached Town home or Condo
Multi-Family Apartment (1 to 35 du/ac)
Multi-Family Apaiiment (over 35 du/ac)
Non-Residential (Per sq.ft.) -
Office, Research & Development, Industrial
Hotel, Commercial or Retail
$15.48
$17.03
$20.64
$20.64
$25.80
$20.64
$10 .32
BMR Housing Mitigation Fees were used to fund staff and administrative time, legal and
professional services , BMR housing placement services , rental mediation, contract services,
Nexus Study update and a Consolidated Plan. In addition, $3,672,000 was reserved for pm-chase
of an affordable housing site by Charities Housing.
The fees in the BMR Fund include funds paid to the City as conditions 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.
Attachment A
Fees collected through Development Agreements:
Apple Campus 2 -Ordinance 13-2114: Resolution Approving Apple Campus 2 Development
Agreement -Section 3.2 ($5,008,050 collected)
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, Keyser Marston Associates , Inc. 's Summary
and Recommendations Below Market Rate Housing Mitigation Program.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Sources and Estimated
Total Fund O/o Amounts of Date for Estimated Estimated
Project
Description
Estimated Balance Expected Funding Funding to Beginning Completion
Cost* 6/30/2017 to be Anticipated be Deposited Date Date
Funded to Complete in Fund
by Fees the Project
Below
Market Rate
-Housing --
$160 ,300,000 $7,195 ,642 100 % Additional As projec ts Ongoing Ongoing
Developer develop!
-eontributions ,edevelop
--Mi-tig-a-t-ion State and
fee Federal tax
credits , loans
and grants
* 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.
Page J 2
Annual Report
Amount of Fee: Based on adopted Fee Schedule
FY2016-l 7
Page f 3
Trust
Fund
Activi
Balance at
7/1/2016
Fees
Collected
Interest
Expended
Subtotal
Refunded
Reserved
Unrestricted
balance at
6/30/2017
Fiscal Year
$11,336,550
$39,000
*
$94,339
($39 ,941)
($235 ,878)
($123,301)
($203 ,187)
($602,307)
0
($3 ,672,000)
$7,195,642
Purpose of Expenditure
Staff and administration
Legal and professional services
Housing placement services
Rental mediation services/contract services
Reserved for purchase of affordable housing site
by Charities Housing
*-Includes funds collected by Development Agreement
Attachment A
Attachment A
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 a re updated accordingly . Park
Dedication Fees are used to fund parkland acquisitions and impro v ements 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.
-Pees c0Ilected1lrrougfi1Jeve opment A greement s:
Apple Campus 2: Ordinance 13-2114: Resolution Approving Apple Campus 2 Development
Agreement -Section 3.7 ($8,270,994 collected)
2. A reasonable relationship exists between the Park Dedication Fee and the purpose for which the
fee is charged , as additional parkland a nd facilities are needed to offset the increase in population
that additional residential units impacts . The need for the Park D edication 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 tha t add residences.
4 . The appro ximate dates on which th e funding fo r th e needed park a cquisition and improvements is
expected to be deposited into the appropriate account are identified in the Five-Year Report on
the next page .
Page 14
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Sources and Estimated
Total Fund O/o Amounts of Date for
Project Estimated Balance Expected Funding Funding to
Description Cost 6/30/2017 to be Anticipated be
Funded to Complete Deposited
by Fees the Project in Fund
Lawrence-$8,270,994 $1,022,526 100% Project is Fall 2018
Mitty Park fully funded
Annual Report
Amount of Fee: Based on Fair-Market Value of land, through land appraisal
FY2016-l 7
Page I 5
Trust
Fund
Activit
Balance at
7/1/20 16
Fees
Collected
Interest
Expended
Subtotal
Refunded
Reserved
Balance at
6/30/2017
Fiscal Year
$9 ,091 ,485
$152 ,250
*
$76,824
($4,924)
($22 ,115)
($27,039)
0
($8 ,270 ,994)
$1,022 ,526
Purpose of Expenditure
Staff and Administration
Contract Services
Reserved for purchase and construction of
Lawrence-Mitty Park
*-Includes funds collected by Development Agreement and other developments
Attachment A
Estimated
Beginning
Date
Spring
2015
Estimated
Completion
Date
Summer 2020
Attachment A
Dept.: Public Works
Prnject: N. Stelling/1-280 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 deve lopment in the vicinity of the bridge increases pedestrian traffic
across the bridge. The need for improvements to the bridge, that were identified during the
~r...e-view-of the-two-projects,_remains,_as_theJnidge__exp_erienc_es_in.creas_ed _pe_destrianJraf:fu:_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:
Sources and Estimated
Total Fund % Amounts of Date for Estimated Estimated
Project Estimated Balance Expected Funding Funding to Beginning Completion
Description Cost 6/30/2017 to be Anticipated be Deposited Date Date
Funded to Complete in Fund
by Fees the Project
Pedestrian $100,000 $49 ,578 50 % Anticipated Spring/2018 Summ er/2018 Fa///2018
Lighting & that City will
Upgrades-fund the
N. Stelling/ remaining
1280 Bridge cost of the
project
Page 16
Attaclunent A
Annual Report
Amount of Fee: 25% Contribution to the total cost, based on estimated four projects contributing to
improvement.
FY 2016-17
Purpose of Inception
Trust Fund Fiscal Expenditure To Date Loans/Transfers
Activitr Year
Balance at $ 49 ,137 Amount $ -
7/1 /2016
Fees Collected 0 $ 50 ,000 Repayment Date na
(est.)
Interest $491 $3,128
Expended $50 ($3,550)
Refunded 0 0
Balance at $49,578 $49 ,578
6/30/2017
Page 17
Attachment A
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 impro ve 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.
4. The approximate dates on which the funding for the bridge improvements is expected to be
deposited into the approp1iate account are identified below.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Sources and
Total Fund O/o Amounts of
Project Estimated Balance Expected Funding
Description Cost 6/30/2017 to be Anticipated
Funded to Complete
by Fees the Project
Traffic Signal $6 00 ,000 $158 ,8 09 100% Additional
& Intersection Developer
Improvements Contribution
De Anza Blvd/ s are needed
McClellan Rd/ to co mplete
Pac ifica Ave the project
Page I 8
Estimated
Date for
Funding to
be Deposited
in Fund
D eve lop er
co ntributions
obtained
when
adjacent
properties
redevelop .
A nticipated
Summer/2020
Estimated
Beginning
Date
Fall/2020
Estimated
Completion
Date
Winter/2021
Attachment A
Annual Report
Amount of Fee: 25% Contribution to the total cost based on estimated contribution of four projects .
FY2016-l 7
Page 19
Trust Fund
Activity
Balance at
7/1 /2016
Fees Collected
Interest
Expended
Refunded
Balance at
6/30/2017
Fiscal
Year
$157,237
0
$1 ,572
0
0
$158,809
Purpose of Inception
Expenditure To Date Loans/Transfers
Amount $-
$ 145 ,700 Repayment Date na
(est.)
$13 ,109
0
0
$158,809
Attachment A
Dept.: Public Works
Project: DeAnza/Homestead southbound right-turn lane upgrade
Local Authority:
Sunnyvale Town Center -Environmental Impact Report
Five Year Reporting & Findings Requirement:
1. The purpose of the DeAnza/Homestead southbound right tum lane upgrade fee is to contribute
the project's fair share toward the study, design and construction of right-of-way improvements at
the intersection of DeAnza Blvd and Homestead Road. Public facilities to be funded with the
fees were described in:
a. Sunnyvale Town Center Environmental Impact Report ($75,924 collected)
2 . A reasonable relationship exists between the DeAnza/Homestead southbound right tum lane
upgrade and the purpose for which the fee was charged, in that traffic generated by the
development has an impact to the intersection. The Environmental Impact Report assessed the
impact the development had to the intersection and compared the project's impact to the
estimated cost of $333,000. The need for improvements to the intersection, as they were
identified during the review of the project, remains. The Sunnyvale Town Center and further
growth in the area continues to impact the intersection.
3 . The sources and amounts of funding anticipated to complete the improvements are identified
below:
• Apple Campus 2 project will complete the funding and the construction of the
improvement. The contribution provided by the Sunnyvale Town Center development
will be utilized in the completion of this work.
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:
Sources and Estimated
Total Fund O/o Amounts of Date for Estimated Estimated
Project Estimated Balance Expected Funding Funding to Beginning Completion
Description Cost 6/30/2017 to be Anticipated be Date Date
Funded to Complete Deposited
by Fees the Project in Fund
DeAnza/ $333,000 $78,084 100 % Apple Spring/20 18 Summer/2017 Spring/2018
Homestead Campus 2 to
southbound provide
right tum land remaining
up gra de funds and
construct the
project.
Page I 10
Attachment A
Annual Report
Amount of Fee: Based on project impact as shown in EIR. $75 ,924 from Sunnyvale Town Center;
remainder from Apple 2 campus .
FY 2016-17
Page I 11
Trust Fund
Activity
Balance at
7/1/2016
Fees Collected
Interest
Expended
Refunded
Balance at
6/30/2017
Fiscal
Year
$77 ,311
0
$773
0
0
$78 ,084
Purpose of Inception
Expenditure To Date Loans/Transfers
Amount $ -
$75 ,924 Repayment Date na
(est.)
$2 ,160
0
0
$78,804
Attachment A
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. 43dated 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.
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:
Sources and Estimated
Total Fund O/o Amounts of Date for Estimated Estimated
Project Estimated Balance Expected Funding Funding Beginning Completion
Description Cost 6/30/2017 to be Anticipated to be Date Date
Funded to Complete Deposited
by Fees the Project in Fund
Stevens Creek $185 ,000 $25,658 100 % Additional Fall/20 19 Spring/2020 Summ er/2020
Blvd and Developer
Bandley Contributions
Drive Signal are needed to
Improvements complete the
project
Page I 12
Attachment A
Annual Report
Amount of Fee: Contribution from expected nearby developments, based on estimated addition of traffic
to intersection.
FY2016-l 7
Purpose of Inception
Trust Fund Fiscal Expenditure To Date Loans/Transfers
Activi!I Year
Balance at $25,404 Amount $ -
7/1 /2016
Fees Collected 0 $ 25,000 Repayment Date na
(est.)
Interest $254 $658
Expended 0 0
Refunded 0 0
Balance at $25 ,658 $25 ,658
6/30/2017
Page/ 13
Attachment A
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,
remams.
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:
Sources and Estimated
Total Fund O/o Amounts of Date for Estimated Estimated
Project Estimated Balance Expecte Funding Funding to Beginning Completion
Description Cost 6/30/2017 d to be Anticipated be Date Date
Funded to Complete Deposited
by Fees the Project in Fund
Traffic $4,000,000 $409,047 100% To be When Fall/2019 Summ er/2020
Mitigation at determined adequate
Homestead by the funds have
Rd and County of been
Lawrence Santa Clara acquired by
Expressway th e County
Bridge to begin th e
project.
Anticipated
Summ er/
2019
Page I 14
Attachment A
Annual Report
Amount of Fee: Based on Fair-Share Contribution assessed by Environmental Impact Report
FY2016-l 7
Page I 15
Trust Fund
Activity
Balance at
7/1/2016
Fees Collected
Interest
Expended
Refunded
Balance at
6/30/2017
Fiscal
Year
$404 ,997
0
$4,050
0
0
$409 ,047
Purpose of Inception
Expenditure To Date Loans/Transfers
Amount $-
$400,000 Repayment Date na
(est.)
$9,047
0
0
$409 ,047
Attachment A
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.
5 . The sources and amounts of funding anticipated to complete financing of the traffic calming
mitigations were collected with the project ($100,000).
3 . The approximate dates on which the funding for the 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:
Sources and Estimated
Total Fund O/o Amounts of Date for Estimated Estimated
Project Estimated Balance Expected Funding Funding to Beginning Completion
Description Cost 6/30/2017 to be Anticipated be Deposited Date Date
Funded to Complete in Fund
by Fees the Project
Traffic $102 ,262 $102 ,262 100% Project fully F ees have Fall/2017 Summ er/2 022
Calming funded been
along collected.
Rodrigues Anticipated
Ave. and initiation of
Pacifica Dr. project is
Summ er/2 01 7
Page I 16
Annual Report
Amount of Fee: Estimated Full Cost of the Study and potential improvements.
FY2016-17
Trust Fund
Activity
Balance at
7/1 /2016
Fees Collected
Interest
Expended
Refunded
Balance at
6/30/2017
Page I 17
Fiscal
Year
$101,250
0
$1,012
0
0
$102,262
Purpose of Inception
Expenditure To Date
Amount
$100,000 Repayment Date
( est.)
$2,262
0
0
$102,262
Attaclunent A
Loans/Transfers
$ -
na
Attachment A
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 Valko 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 Tentativ e 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 bridge improvements is expected to be
deposited into the appropriate account are identified in the Five-Year Report on the next page.
Page I 18
Attachment A
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Sources and Estimated
Total Fund % Amounts of Date for Estimated Estimated
Project Estimated Balance Expected Funding Funding to Beginning Completion
Description Cost 6/30/2017 to be Anticipated be Deposited Date Date
Funded to Complete in Fund
by Fees the Project
Creek Trail $195 ,000 $66 ,471 100 % Additional D evelop er Spring/2021 Summ er/2021
Improvements Developer contributions
along Contributions obtain ed
Calabazas are needed to wh en
Creek complete the adja cent
project properti es
rede ve lop .
Antic ipated
Summ er/2020
Annual Report
Amount of Fee: Contribution equivalent to 1/3 of the estimated cost of creek trail plan
FY2016-l 7
Trust Fund
Activity
Balance at
7/1/2016
Fees Collec ted
Interest
Expended
Refunded
Balance at
6/30/2017
Pag e I 19
Fiscal
Year
$ 65 ,831
0
$658
0
0
$ 66 ,4 7 1
Purpose of Inception
Expenditure To Date Loans/Transfers
Amount $ -
$ 65 ,000 Repa yment Date na
(est.)
$1,471
0
0
$66 ,471
Attachment A
Dept.: Public Works
Project: Parking Conversion Fund along Valko 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 Vall co Parkway is to enable the City to
conve rt the angled parking spaced along the south side ofVallco 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 app lication ($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 a djacent 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 .
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
P arking
Conversion
Fund a long
Vallco
P arkway
P age I 20
Total Fund
Estimate
d Cost
$460 ,178
Balance
6/30/2017
$460 ,178
O/o
Expecte
d to be
Funded
by Fees
100 %
Sources and Estimated
Amounts of Date for
Funding Funding to
Anticipated be Deposited
to Complete in Fund
the Project
No Fees ha ve
additiona l been co llected.
funds A nticipated
needed at initiatio n of
this time. project is
Fa l//20 17
Estimated Estimated
Beginning Completion
Date Date
Fall/2017 Fall/2022
Annual Report
Amount of Fee: Estimated Full Cost of the potential improvements .
FY2016-l 7
Trust Fund
Activity
Balance at
7/1 /2016
Fiscal
Year
$455,622
Purpose of Inception
Expenditure To Date
Amount
Fees Collected 0 $450,000 Repayment Date
Interest
Expended
Refunded
Balance at
6/30/2017
Page I 21
$4,556
0
0
$460,178
(est.)
$10,178
0
0
$460,178
Attachment A
Loans/Transfers
$-
na
Attachment A
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 adj acent
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
mater ialized .
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:
Sources and Estimated
Total Fund O/o Amounts of Date for Estimated Estimated
Project Estimated Balance Expected Funding Funding to Beginning Completion
Description Cost 6/30/2017 to be Anticipated to be Date Date
Funded Comple te the Deposited
by Fees Project in Fund
Funding of $86 9 ,22 3 $869 ,22 3 100 % N o additi ona l F all/ 2 017 Summ er/2 01 7 Wi nter/2020
Ne ighb orho od fund s nee ded
Cut-through at thi s time .
Traffi c and
P arkin g
Intms ion
Mo nitorin g
Pag e 122
Annual Report
Amount of Fee: Estimated Full Cost of the Study and potential impro vements .
FY2016-l 7
Page/ 23
Trust Fund
Activity
Balance at
7/1 /2016
Fees Collected
Interest
Expended
Refunded
Balance at
6/30/2017
Fiscal
Year
$860,617
0
$8 ,606
0
0
$869 ,223
Purpose of Inception
Expenditure To Date
Amount
$850 ,000 Repayment Date
( est.)
$19 ,223
0
0
$869 ,223
Attaclunent A
Loans/Transfers
$ -
na
Attachment A
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 DeAnza Blvd within the
jurisdiction of the City of Cupertino. Public facilities to be funded with the fees were described
m:
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 DeAnza 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
Traffic-
Adaptive
Traffic Signal
System along
De Anza Blvd
Pagel24
Total Fund
Estimated
Cost
$2 50 ,000
Balance
6/30/2017
$51 ,131
O/o
Expected
to be
Funded
by Fees
100 %
Sources and
Amounts of
Funding
A nticipated
to Complete
the Project
Fair share
contributions
from other
deve lopers
that imp act
the corridor
Estimated
Date for Estimated Estimated
Funding to Beginning Completion
be Deposited Date Date
in Fund
D evelop er Fall/2020 Winter/2021
co ntribution s
obtain ed
when
adjacent
properties
redeve lop .
Anticipated
S umm er/2020
Annual Report
FY2016-l 7
Trust Fund
Activity
Balance at
7/1 /2016
Fees Collected
Interest
Expended
Refunded
Balance at
6/30/2017
Page I 25
Fiscal
Year
$ 50 ,625
0
$506
0
0
$51 ,131
Attachment A
Purpose of Inception
Expenditure To Date Loans/Transfers
Amount $-
$50,000 Repayment Date na
(est.)
$1,131
0
0
$51 ,131
Attachment A
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 financin g of the study are identifi ed
below:
• Developer Fair-Share Contributions from other projects in the vicinity of the proposed
trail location .
4 . The appro ximate dates on which the funding for the bridge improvements is expected to be
deposit ed into the appropriate account are identified on the next page.
Page l 26
Attachment A
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Sources and Estimated
Total Fund O/o Amounts of Date for Estimated Estimated
Project Estimated Balance Expected Funding Funding to Beginning Completion
Description Cost 6/30/2017 to be Anticipated be Deposited Date Date
Funded to Complete in Fund
by Fees the Project
Interstate $500,000 $322,846 100% Additional Developer Fall/2017 Winter/2019
280/Junipero Developer contributions
Serra Channel Contributions obtained
Trail are needed to when
Improvements complete the adjacent
project properties
redevelop.
Anticipated
Summer/2017
Annual Report
Amount of Fee: Contribution equivalent to approximately 60% of the estimated cost of implementation
FY2016-l 7
Trust Fund
Activit
Balance at
7/1 /2016
Fees Collected
Interest
Expended
Refunded
Balance at
6/30 /2017
Page f 27
Fiscal
Year
$319,650
0
$3,196
0
0
$322,846
Purpose of Inception
Expenditure To Date Loans/Transfers
Amount $-
$3 16 ,000 Repayment Date na
(est.)
$6,846
0
0
$322,846
Attachment A
Dept.: Public Works
Project: Contribution towards Planned Transportation Project
Local Authority:
TM-2011-03 : Mitigation TRANS-22
Five Year Reporting & Findings Requirement: Provided for information only. Five years have not
elapsed since initial deposit.
1. The purpose of the Planned Transportation Project fair-share contribution is to fund planned
transportation project that would improve traffic operation of the impacted freeway segments and
provide added transportation capacity on other freeway facilities. 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-22, dated
10/15/2013 for Tentative Map application ($1,292,215 collected)
2. A reasonable relationship exists between the Planned Transportation Project fair-share
contribution and the purpose for which the fee was charged, in that development will introduce
additional traffic to freeways in the surrounding areas. Valley Transit Authority has established
guidelines for estimating fair-share contributions for these types of impacts, and the established
fee for this project conforms to those guidelines. The need remains for improvements to the
surrounding freeways, as they were identified during the review of the project. The needed
improvements have not yet been completed . Below is a list of the Planned Transportation
Projects:
• Eliminating the existing bottleneck on southbound I-280 between El Monte Road and
Magdalena A venue.
• SR 85 Express Lane project (converting the existing HOV lane to a toll lane to allow
single occupant vehicles to drive in the HOV lane for a fee) between Mountain View and
San Jose.
• Either the Bus Rapid Transit (BRT) stations proposed within Cupertino, or an alternative
improvement or study towards the improvement of the impacted I-280 corridor or a
parallel corridor that would provide capacity .
3. The sources and amounts of funding anticipated to complete financing of the necessary
improvements will be identified by Valley Transportation Authority .
4. The approximate dates on which the funding for the improvements is expected to be deposited
into the appropriate account are identified on the next page.
Page I 28
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Planned
Transportation
Project fair-
share
contribution
Annual Report
Total
Estimated
Cost
To be
identified/
byVTA
Fund
Balance
6/30/2017
$906,093
%
Expected
to be
Funded
by Fees
100 %
Sources and
Amounts of
Funding
Anticipated
to Complete
the Project
To be
identified by
VTA
Estimated
Date for
Funding to
be
Deposited
in Fund
When
adequate
fimds have
been
acquired by
the VTA to
begin the
project.
Anticip ated
Summ er/
2018
Attaclunent A
Estimated
Beginning
Date
Fall/2018
Estimated
Completion
Date
Fall/2019
Amount of Fee: Based on Fair-Share Contribution assessed by Environmental Impact Report
FY2016-l 7
Purpose of Inception
Trust Fund Fiscal Expenditure To Date Loans/Transfers
Activit~ Year
Balance at $1,2 70 ,139 Amount $-
7/1/2016
Fees Collected 0 $1,292,215 Repayment Date na
(est.)
Interest $12 ,701 $28,843
Expended ($376,748) ($414,965) Per Agreement
with VTA
Refunded 0 0
Balance at $906,093 $906 ,093
6/30/2017
Page I 29
Attachment A
Dept.: Public Works
Project: Contribution towards Monta Vista Street Improvement Project
Local Authority:
Installation Agreement -10104 Byrne A venue:
Santa Clara County Recorded Document 23316184, Exhibit C , Part G
Five Year Reporting & Findings Requirement: Provided for information only. Five yea rs have not
elapsed since initial deposit.
1. The purpose of the contribution toward the Monta Vista Street Improvement Project is to enable
the City to construct improvements along the property frontage in conjunction with the overall
Capital Improvement Project being undertaken by the City. Public facilities to be funded with
City's General Fund and the contribution described in:
a. Installation Agreement -10104 Byrne Ave: Santa Clara County Recorded Document
23316184, Exhibit C, Pait G , dated 5/25 /2016 , for Building Permit Application ($34,395
collected)
2 . A reasonable relationship exists between the Monta Vista Street Improvement Project and the
purpose for which the contribution was accepted, in that the development of 10104 Byrne A venue
is required to construct the improvements as a condition of the Building Permit, per Cupertino
Municipal Code Section 14.04. The contribution was accepted by the City in order to allow the
developer to share in the construction cost savings that a larger project, such as the City's Capital
Improvement Project, offers. ·
3 . The sources and amounts of funding anticipated to complete financing of the Monta Vista Street
Improvement Project are anticipated to be funded by the Cupertino General Fund .
4. The approximate dates on which the funding for the improvements is expected to be deposited
into the appropriate account are identified below.
Page I 30
Attachment A
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Sources and Estimated
Total Fund O/o Amounts of Date for Estimated Estimated
Project Estimated Balance Expected Funding Funding to Beginning Completion
Description Cost 6/30/2017 to be Anticipated be Deposited Date Date
Funded to Complete in Fund
by Fees the Project
Monta Vista $1,880,000 $35,017 2% Cupertino Summ er/20 17 Winter/2018 Summer2019
Street General Fund
Improvement is anticipated
Project to complete
project
funding
Annual Report
Amount of Fee: Based on Fair-Share Contribution assessed by engineer's cost estimate
FY2016-17
Trust Fund
Activity
Balance at
7/1 /2016
Fees Collected
Interest
Expended
Refunded
Balance at
6/30/2017
Page I 31
Fiscal
Year
$34,670
0
$347
0
0
$35,017
Purpose of Inception
Expenditure To Date Loans/Transfers
Amount $-
$34 ,395 Repayment Date na
(est.)
$622
0
0
$34 ,441