CC Resolution No. 19-132 Approving the Annual & Five-Year Development Impact Fee Report for FY Ending June 30, 2019 and Making Required Findings RESOLUTION NO. 19-132
A RESOLUTION OF THE CUPERTINO CITY COUNCIL APPROVING THE
ANNUAL &FIVE-YEAR DEVELOPMENT IMPACT FEE REPORT FOR FY
ENDING JUNE 30, 2019 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, 2019 (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, 2019 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 y
fund:
a. The purpose of each fund is described in the Annual and Five-Year
Report.
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Resolution No. 19-132
Page 2
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 Quality Act of 1970, 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, the
amendments to the City Code 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 5'h day of November 2019,by the following vote:
Vote Members of the City Council
AYES: Scharf, Chao, Paul, Sinks, Willey
NOES: None
ABSENT: None
ABSTAIN: None
Resolution No. 19-132
Page 3
SIGNED:
Steven Scharf,Mayor Date
City of Cupertino
ATTEST:
Grace Schmidt, City Clerk Date
Attachment A
City of Cupertino
AB 1600-Mitigation Fee Act
Annual&Five Year Report for the fiscal year ending June 30, 2019
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 for purposes of this reporting year(July 1,2018—June 30,2019). The
fiscal year 2018-19 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 $17.82
Small Lot Single Family Residence or Town home S19.60
Multi-Family Attached Town home,Apartment or Condo $23.76
Multi-Family Apartment(1 to 35 du/ac) $23.76
Multi-Family Apartment(over 35 du/ac) $29.70
Non-Residential(Per sq.ft.)—
Office,Research&Development, or Industrial $23.76
Hotel $11.88
Commercial or Retail $11.88
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.
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 I
Page 1
Attachment A
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, 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 % Amounts of Date for Estimated Estimated
Project Estimated Balance Expected Funding Funding to Beginning Completion
Description Cost* 6/30/2019 to be Anticipated be Deposited Date Date
Funded to Complete in Fund
by Fees the Project
Below $160,300,000 $6,759,440 100% Additional 4sprojects Ongoing Ongoing
Market Rate Developer develop/
Housing Contributions redevelop
Mitigation State and
fee Federal tax
credits,loans
and grants
*Based on R14NA 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,OOOhmit=$44.1 million.Moderate income units
(231)x$123,000/unit=$28.4 million.Total=$160.3 million.
Page 12
Attachment A
Annual Report
Amount of Fee: Based on adopted Fee Schedule
FY2018-19
Trust
Fund Fiscal Year Purpose of Expenditure
Activity
Balance at $6,902,773
7/1/2018
Fees $159,179
Collected
Interest $134,016
($61,276) Staff and administration
($69,201) Legal and professional services
Expended ($190,294) Housing placement services
($35,771) Rental mediation services/contract services
($79,986) Housing Renovation
Subtotal ($436,528)
Refunded 0
Unrestricted $6,759,440
balance at
6/30/2019
*-Includes funds collected by Development Agreement
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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 Linder 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.
Page 4
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 6/30/2019 to be Anticipated be Date Date
Funded to Complete Deposited
by Fees the Project in Fund
Lawrence- $8,270,994 $11,012,511 100% Project is Winter 2020 Spring Summer 2022
Mitty Park Rilly funded 2015
Annual Report
Amount of Fee: Based on Fair-Market Value of land,through land appraisal
FY2018-19
Trust
Fund Fiscal Year Purpose of Expenditure
Activity
Balance at. $9,719,353
7/1/2018
Fees $1,108,500
Collected
Interest $202,539
Expended ($6,856) Staff and Administration
($11,025) Contract Services(Callander)
Subtotal ($17,881)
Refunded 0
Reserved ($8,270,994) Reserved for purchase and construction of
Lawrence-Mitty Park
Balance at $2,741;517 I
6/30/2019
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*-Includes fiords collected by Development Agreement and other developments
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Page 5
Attachment A
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.
Page 16
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 Expecte Funding Funding to Beginning Completion
Description Cost 6/30/2019 d to be Anticipated to be Date Date
Funded Complete the Deposited
by Fees Project in Fund
Projects in the $59,780,125 $197,210 100% Additional Fall2024 Winter 5um»zer 2025
Transportation Developer 2019
Impact Fee Contributions, j
Nexus Study State and
Federal grants,
General Fund
Annual Report
Amount of Fee: Based on Transportation Impact Fee Nexus Study
FY2018-19
Trust
Fund Fiscal Year Purpose of Expenditure
Activity j
Balance at 0
7/1/2018
Fees $196,210 j
Collected
Interest $1,374
Expended 0
Subtotal 0
Refiinded 0
Balance at $197,584
6/30/2019
Page 7
Attachment A
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:
Sources and Estimated
Total Fund % Amounts of Date for Estimated Estimated
Project Estimated Balance Expected Funding Funding to Beginning Completion
Description Cost 6/30/2019 to be Anticipated be Deposited Date Date
Funded to Complete in Fund
by Fees the Project
Pedestrian $100,000 $42,909 50% Anticipated Spring/2021 Summer/2021 Fa11/2021
Lighting& that City will
Upgrades— fund the
N. Stelling/ remaining
I280 Bridge cost of the
proj ect
Page 18
Attachment A
Annual Report
Amount of Fee: 25% Contribution to the total cost,based on estimated four projects contributing to
improvement.
FY 2018-19
Purpose of Inception
Trust Fund Fiscal Expenditure To Date Loans/Transfers
Activity Year
Balance at $ 50,124 Amount $ -
7/1/2018
Fees Collected 0 $ 50,000 Repayment Date na
(est.)
Interest $802 $4,476
Expended 0 ($3,550)
Refunded 0 0
Balance at $50,926 $50,926
6/30/2019
Page 9
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 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:
Sources and Estimated
Total Fund % Amounts of Date for Estimated Estimated
Project Estimated Balance Expected Funding Funding to Beginning Completion
Description Cost 6/30/2019 to be Anticipated to be Date Date
Funded Complete the Deposited
by Fees Project in Fund
Traffic Signal $600,000 $163,125 20% Developer Funding Spring Summer
&Intersection Contributions, has been 2020 2021
Improvements General Fund, provided.
De Anza Blvd/ and VERBS Summer/
McClellan Rd/ Grants 2019
Pacifica Ave
Page 110
Attachment A
Annual Report
Amount of Fee: 25% Contribution to the total cost based on estimated contribution of four projects.
FY2018-19
Purpose of Inception
Trust Fund Fiscal Expenditure To Date Loans/Transfers
Activity Year
Balance at $160,556 Amount -
7/1/2018
Fees Collected 0 $ 145,700 Repayment Date na
(est.).
Interest $2,569 $17,425
Expended 0 0
Refiinded 0 0
Balance at $163,125 $163,125
6/30/2019
Page 11
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 fiinded 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:
Sources and Estimated
Total Fund % Amounts of Date for Estimated Estimated
Project Estimated Balance Expected Funding Funding Beginning Completion
Description Cost 6/30/2019 to be . Anticipated to be Date Date
Funded to Complete Deposited
by Fees the Project in Fund
Stevens Creek $185,000 $13,229 5% Developer Funding Spring/2020 Summer/2020
Blvd and Contributions, has been
Bandley and General provided.
Drive Signal Fund. Summer/
Improvements 2019
Page 112
Attachment A
Annual Report
Amount of Fee: Contribution from expected nearby developments,based on estimated addition of traffic
to intersection.
FY2018-19
Purpose of Inception
Trust Fund Fiscal Expenditure To Date Loans/Transfers
Activity Year
Balance at $13,229 Amount $ -
7/1/2018
Fees Collected 0 $25,000 Repayment Date na
(est.)
Interest $415 $1,355
Expended $13,126 Kimley Horn ($13,126)
Contract
Refunded 0 0
Balance at $13,229 $ 13,229
6/30/2019
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 fiind
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:
Sources and Estimated
Total Fund % Amounts of Date for Estimated Estimated
Project Estimated Balance Expecte Funding Funding to Beginning Completion
Description Cost 6/30/2019 d to be Anticipated be Date Date
Funded to Complete Deposited
by Fees the Project in Fund
Traffic $4,000,000 $420,164 100% To be When Fa11/2020 Summer/2021
Mitigation at determined adequate
Homestead by the funds have
Rd and County of been
Lawrence Santa Clara acquired by
Expressway the County
Bridge to begin the
project.
Anticipated
Summer/
2020
Page 114
Attachment A
Annual Report
Amount of Fee: Based on Fair-Share Contribution assessed by Environmental Impact Report
FY2018-19
Purpose of Inception
Trust Fund Fiscal Expenditure To Date Loans/Transfers
Activity Year
Balance at $413,547 Amount % -
7/1/2018
Fees Collected 0 $400,000 Repayment Date na
(est.)
Interest $6,617 $20,164
Expended 0 0
Refunded 0 0
Balance at $420,164 $420,164
6/30/2019
Page 15
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 % Amounts of Date for Estimated Estimated
Project Estimated Balance Expected Funding Funding to Beginning Completion
Description Cost 6/30/2019 to be Anticipated be Deposited Date Date
Funded to Complete in Fund
by Fees the Project
Traffic $100,000 $105,041 100% Project fully Fees have Fal1/2018 Summer/2022
Calming funded been
along collected.
Rodrigues Anticipated
Ave.and initiation of
Pacifica Dr. project is
Summer/2021
Page 116
Attachment A
Annual Report
Amount of Fee: Estimated Full Cost of the Study and potential improvements.
FY2018-19
Purpose of Inception
Trust Fund Fiscal Expenditure To Date Loans/Transfers
Activity Year
Balance at $103,387 Amount $ -
7/1/2018
Fees Collected 0 $100,000 Repayment Date na
(est.)
Interest $1,654 $5,041
Expended 0 0
Refunded 0 0
Balance at $105,041 $105,041
6/30/2019
Page 17
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 fiom Vallco Parkway to Interstate 280.Public facilities to be fiinded 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.
Page 118
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 6/30/2019 to be Anticipated be Deposited Date Date
Funded to Complete in Fund
by Fees the Project
Creek Trail $1951000 $68,278 100% Additional Developer Spring/2023 Summer/2023
Improvements Developer contributions
along Contributions obtained
Calabazas are needed to when
Creek complete the adjacent
project properties
redevelop.
Anticipated
'Summer/2022
Annual Report
Amount of Fee: Contribution equivalent to 1/3 of the estimated cost of creek trail plan
FY2018-19
Purpose of Inception
Trust Fund Fiscal Expenditure To Date Loans/Transfers
Activity Year
Balance at $ 67,203 Amount $ -
7/1/2018
Fees Collected 0 $ 65,000 Repayment Date na
(est.)
Interest $1,075 $3,278
Expended 0 0
Refunded 0 0
Balance at $ 68,278 $68,278
6/30/2019
Page 19
Attachment A
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.
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 Expect Funding Funding to Beginning Completion
Description Cost 6/30/2019 ed to Anticipated be Deposited Date Date
be to Complete in Fund
Funded the Project
by Fees
Parking $450,000 $472,684 100% No Fees have Fal112017 Fa1112022
Conversion additional been collected.
Fund along funds Anticipated
Vallco needed at initiation of
Parkway this time. project is
Fall/2017
Page 120
Attachment A
Annual Report
Amount of Fee: Estimated Full Cost of the potential improvements.
FY2018-19
Purpose of Inception
Trust Fund Fiscal Expenditure To Date Loans/Transfers
Activity Year
Balance at $465,240 Amount $ -
7/1/2018
Fees Collected 0 $450,000 Repayment Date na
(est.)
Interest $7,444 $22,684
Expended 0 0
Refunded 0 0
Balance at $472,684 $472,684
6/30/2019
Page 21
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 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:
Sources and Estimated
Total Fund % Amounts of Date for Estimated Estimated
Project Estimated Balance Expected Funding Funding to Beginning Completion
Description Cost 6/30/2019 to be Anticipated to be Date Date
Funded Complete the Deposited
by Fees Project in Fund
Funding of $869,223 $851,004 100% No additional FaW 2017 Summer12017 Winter/2021
Neighborhood funds needed
Cut-through at this time.
Traffic and
Parking
Intrusion
Monitoring
Page 122
Attachment A
Annual Report
Amount of Fee: Estimated Full Cost of the Study and potential improvements.
FY2018-19
Purpose of Inception
Trust Fund Fiscal Expenditure To Date Loans/Transfers
Activity Year
Balance at $856,060 Amount $-
7/1/2018
Fees Collected 0 $850,000 Repayment Date na
(est.)
Interest $13,697 $42,48)
Expended ($18,753) IDAX& ($41 478
Stantec
Consulting I
Contracts
Refimded 0 0
Balance at $851,004 $851,004
6/30/2019
i
Page 23
Attaclunent 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
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 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:
Sources and Estimated
Total Fund % Amounts of Date for Estimated Estimated
Project Estimated Balance Expected Funding Funding to Beginning Completion
Description Cost 6/30/2019 to be Anticipated be Deposited Date Date
Funded to Complete in Fund
by Fees the Project
Traffic- $250,000 $52,521 100% Fair share Developer Fal1/2019 Summer/202
Adaptive contributions contributions 0
Traffic Signal from other obtained
System along developers when
De Anza Blvd that impact adjacent
the corridor properties
redevelop.
Anticipated
Summer/2020
Page 124
Attachment A
Annual Report
Amount of Fee: Based on Fair-Share Contribution assessed by engineer's cost estimate
FY2018-19
Purpose of Inception
Trust Fund Fiscal Expenditure To Date Loans/Transfers
Activity Year
Balance at $51,693 Amount $-
7/1/2018
Fees Collected 0 $ 50,000 Repayment Date na
(est.)
Interest $827 $2,521
Expended 0 0 j
Refunded 0 0
Balance at $52,521 $52,521
6/30/2019
9
1
II
9
1
i
Page 25
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
Rind 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.
Page 126
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 6/30/2019 to be Anticipated be Deposited Date Date
Funded to Complete in Fund
by Fees the Project
Interstate $500,000 $64,980 100% Additional Developer Fall12017 Winter/2021
280/Jimipero 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
FY2018-19
Purpose of Inception
Trust Fund Fiscal Expenditure To Date Loans/Transfers
Activity Year
Balance at $181,711 Amount $ -
7/1/2018
Fees Collected 0 $ 316,000 Repayment Date na
(est.)
Interest $2,907 $13,305
Expended ($119,638) Callander ($264,325)
Assoc.
Contract
Refunded 0 0
Balance at $64,980 $64,980
6/30/2019
Page 27
Attaclunent A
Dept.: Public Works
Project: Contribution towards Monta Vista Street Improvement Project
Local Authority:
Installation Agreement— 10104 Byrne Avenue:
Santa Clara County Recorded Document 23316184, Exhibit C,Part G
Five Year Reporting& Findings Requirement: Provided for information only.Five years 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,Part 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 Avenue
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 f.
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 128
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 6/30/2019 to be Anticipated be Deposited Date Date
Funded to Complete in Fund
by Fees the Project
Monta Vista $1,880,000 $35,968 2% Cupertino Summer/2017 Fa11/2019 Spring/2020
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
FY2018-19
Purpose of Inception
Trust Fund Fiscal Expenditure To Date Loans/Transfers
Activity Year
Balance at $35,402 Amount -
7/1/2018
Fees Collected 0 $34,395 Repayment Date na
(est.)
Interest $566 $1,007
Expended 0 0
Refunded 0 0
Balance at $35,968 $35,968
6/30/2019
Page 29
Attachment A
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 fiord
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:
Sources and Estimated
Total Fund % Amounts of Date for Estimated Estimated
Project Estimated Balance Expected Funding Funding Beginning Completion
Description Cost 6/30/2019 to be Anticipated to be Date Date
Funded to Complete Deposited
by Fees the Project in Fund
Stevens Creek $2,800,000 $76,200 2% Developer Winter/ Spring/2021 Summer/2021
Bicycle Lane Contributions, 2021.
Improvements and General
(Wolfe Rd to Fund.
Hwy 85)
Page 130
Attachment A
Annual Report
Amount of Fee: Contribution from developments,based on estimated costs to construct facilities along
property frontages.
y
FY2018-19
Purpose of Inception
Trust Fund Fiscal Expenditure To Date Loans/Transfers
Activity Year
Balance at $0 Amount $-
7/1/2018
Fees Collected $75,000 $75,000 Repayment Date na
(est.)
Interest $1,200 $1,200
Expended 0 0
Refuinded 0 0
Balance at $76,200 $76,200
6/30/2019
1176526.1
1
Page 31