CC Resolution No. 21-116 Approving the Annual and Five-Year Development Impact Fee Report for FY Ending June 30 and Making Required FindingsRESO[UTION N0. 21-116
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
APPROVING THE ANNUAL & FIVE-YEAR DEVELOPMENT IMPACT FEE
REPORT FOR FY ENDING JUNE 30, 2021 AND MAKING REQUIRED
FINDINGS
WHEREAS, the Mitigation Fee Act (Government Code Section 66000 et
seq.) requires that an atmual report regarding development impact fees be
submitted to the City CounciI at a regularly scheduled public meeting pursuant to
Section 66006; and
WHEREAS, Government Code Section 66001(d) further provides tl"iat 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 Ai'tnual &
Five-Year Report for the fiscal year tliat ending June 30, 2021 (the "Ax"tnual and
Five-Year Report"), comprises the annual report required under Government
Code Section 66006(b) and five-year report required under Governrnent 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, 2021, iit
accordance with the Mitigation Fee Act and incorporates by reference said
Report (Attachment A).
3. Adopts the findings required by Goverrunent 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. 21-'II6
Page 2
a. The purpose of each fund is described in the Annual aitd Five-Year
Report.
b. A reasonable relationship exists between the fee charged to
development projects and the purpose for wliich it is charged, based
on the substantial evidence contained in the Ai'u"iual and Five-Year
Report.
c. For each fund, tlie 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 tlns Resolution is not a project under the
requirements of the California Envirorunental Quality Act, together with related
State CEQA Guidelines (collectively, "CEQA") because it has no potential for
resulting in physical cliange in the environment. In the event that this Resolution
is found to be a project under CEQA, it is subiect 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 whicli 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.
P ASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 21"' day of December 2021, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABST AIN:
Members of the City Council
Paul, Chao, Moore, Wei, Willey
None
None
None
Resolution No. 21-116
SIGNED:
/-7 71 ..l/i Z/2_oZl
&CI,rcyOf_pCauupaell1o
Date
ATTEST:
tr,; 1,-ri-/-L
Ki'\;ten Squarcia,-(8ty Clerk Date
Page 3
I
Attaclunent A
City of Cupertino
AB 1600 - Mitigation Fee Act
Annual & Five Year Report for the fiscal year ending June 30, 2021
Dept.: Community Development
Project: Below Market Rate (BMR) Housing Mitigation Fee
Local Authority:
Information on tlie City's BMR Housiiig Mitigation Fee is provided as a courtesy. Tlie City of
Cupertino lias collected BMR mitigation fees from con'unercial and residential developments
sii'ice 1992 based on nexus studies conducted at tl'iat tiine. On May 5, 2015, tlie City Council
adopted Resolution 15-036, accepting three reports from Keyser Marston Associates, Inc. (KMA)
- Sun'unaiy and Reconunendations BMR Housiiig Mitigation Program, Non-Residential Jobs-
Housing Nexus Aiialysis, aiid Residential BMR Housiiig Nexus Analysis - whicli collectively
form the City's Nexus Study justifyii'ig tl'ie current residential and non-residential Housiiig
Mitigation Fees. Per Resolution 17-052, the City Council adopted the updated BMR residential
and non-residential (office, researcli, and development, industi'ial, liotel, retail and conunercial)
HousingMitigationFees. OnMayl9,2020,tlieCityCounciladoptedResolution20-056,wl'fflch
increased tlie Housing Mitigation Fees for liotels and for offices to levels lower tl'ian tlie
maximum amount needed to :tully mitigate tlie burdens created by new development on the need
for affordable housing as deterinined in tlie KMA Reports, based in part on an Economic
Feasiliility Analysis prepared by Strategic Economics concluding tliat increased fees worild be
feasible. On April21, 2020, tlie City Council adopted Resolution 20-037, amending tl'ie BMR
Housing Mitigation Fees to adopt fee categoi-ies and amounts for self-storage and wareliouse uses
based in pait on a report from I(MA dated January 2020 and entitled "Supplen'ient to tlie Non-
Residential Jobs-Housing Nexus Study" evaluating tlie impact of self-storage and wareliouse land
uses on demand for affordable liousiiig iii tlie City and detennining tlie maximum amount of a fee
needed to fully mitigate tlie burdens on affordable liousing created by tliese types of development.
The fiscal year 2020-21 BMR Housiiig Mitigation Fee a'inounts are being reported below.
Voluntary Five Year Reporting & Findings Requirement:
1. Tlie puipose of the BMR Housing Mitigation Fee is to lielp mitigate tlie 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 Housii'ig Mitigation Fees are set foith
in the City's adopted BMR Housing Mitigation Program Procedural Manual. Tlie BMR Housii'ig
Mitigation Fee scliedule is as follows:
Residential (per sq. ft.) -
Detached Siiigle Fait-iilyResidence
Small Lot Single Fainily Residence or Towi'iliome
Multi-Family Attaclied Townhome or Condo
Multi-Family Rental Apartment (1 to 35 du/ac)
Multi-Family Rental Apaitment (over 35 du/ac)
Non-Residential (Per sq.ft.) -
Office, Researcli & Development, or Industrial $24.60
$18.45
$20.29
$24.60
$24.60
$30.75
Page I
Attaclunent A
Hotel
Con'unercial or Retail
$12.30
$12.30
BMR Housing Mitigation Fees were used to fui'id staff and admii'iistrative tiine, legal ai'id
professional services, BMR liousiiig placement services, rental mediation, contract services,
Nexus Study update and a Consolidated Plan.
The fees in tlie BMR Fund include funds paid to tlie City as conditions of development
agreements. Wl'ien applicable, tliese fees are included in the tables below; liowever, there is no
requirement to prepare a five-year repoit regarding fees obtained tl'irough a development
agreement.
2. A reasonable relationslup exists between the BMR Housing Mitigation Fee a-nd tl'ie puipose for
whicli tlie fee was cliarged. Tlie need for tlie BMR Housirig Mitigation fees, as tliey were
identified wlien tlie fee was enacted, remaiiis. See, Strategic Economics December 16, 2019,
Econoinic Feasibility Study of hiclusionary Requirements.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Below
Marlcet Rate
Horisiiig
Mitigatioi'i
fee
Total
Estimated
Cost*
Fund
Balance
6/30/2022
Expected
to be
Funded
by Fees
Sources and
Amounts of
Funding
Anticipated
to Complete
the Project
$160,300,000 $6,111,827 100% Additional
Developer
Contributions
State and
Federal tax
credits, loans,
and grants
Estimated
Date for
Funding to
be Deposited
in Fund
Estimated Estimated
Beginning
Date
Completioxi{. .
Date "
,4sprojects Ongoing Ongoing
develop/
redevelop
* Based on cux'rent RHNA allocation and affordability gaps estiinated iii the nexus study (defuied as the gap
between what households can afford and the cost of producing additional liousiiig in Cupertino): Veiy-low iiicome
units (356) x $241,000/unit = $87.8 million. Low income units (207) x $213,000/unit = $44.1 million. Moderate
inconte units (231) x $1 23,000/unit = $28.4 milIion. Total = $160.3 million.
011 December 16, 2021, ABAG is consideiiiig revisions to the RHNA allocations. Based on information released by
ABAG in November 2021, it is expected that Cupertino will receive aii allocation of 4,588 units: Very-low iiiconie
units (1,193), Low-income units (687), Moderate income units (755), aiid Above Moderate units (1,953). T}ie
estinxates provided in this rcport will be updated next year to reflect approved RHNA allocations.
Page i2
Attacl'u'nent A
Annual Report
Amount of Fee: Based on adopted Fee Schedule
FY2020-21
Trust
Fund
Activity
Balance at
7/1/2020
Fees
Collected
Interest
Expended
Fiscal Year
$6,551,494
$204,931
$19,651
($206,461)
($68,170)
($259,957)
($50,000)
($44,955)
($25,000)
($9,706)
Purpose of Expenditure
Staff and administration
Legal and professional sei'vices
Housiiig placen'ient sei'vices
Rental mediation sei'vices/contract services
Horising Strategies
De Anza Horising Program
Housiiig Sui'vey
Subtotal ($664,249)
Refunded 0
Uiu'estricted $6,111,827
balance at
6/30/2021
'h- Includes funds collected by Development Agreement
Page 3
Attacl'nnent A
Dept.: Public Works
Project: Park Dedication In-Lieu Fee
Local Authority:
City of Cupertino: Mtuucipal Code, Cliapter 13.08
Five Year Reporting & Findings Requirement:
1. Tlie purpose of tl'ie Park Dedication Fee is to lielp mitigate tlie need for additional outdoor
recreational area for new residei'itial development wit}'iiii tlie City of Cupeitino. Tlie requirements
for applicability to tlie Park Dedication Fees are set foith iii the City's Mu'i'iicipal Code, Cliapter
13.08, and the fee was adopted under the provisions of tlie Mitigation Fee Act. Tlie Parkland
Dedication Fee is based 011 tlie fair market value of land within the City of Cupeitiiio. Land
values are appraised bi-annually, and the Park Dedication Fees are updated accordingly. Park
Dedication Fees are used to fund parkland acquisitions and iinprovements to park aiid
recreational facilities.
Tlie fees in tlie Park Dedication table below iiiclude fuiids paid to tlie City as a condition of
development agreements. Altl'iougli tliese fees are iiicluded in tlie tables below, tliere is no
requirement to prepare a five-year report regarding fees obtained througli a development
agreement. In addition, tl'ns table includes adopted fees in'iposed as a condition of development.
2. A reasonalyle relatioi'iship exists between tlie Park Dedication Fee and tlie purpose for wl'ffcl'i tlie
fee is clharged, as additional parUand and facilities are needed to offset tlie increase in population
that additional residential ui'iits impacts. Tlie need for the Park Dedication fees, as tl'iey were
identified when the fee was enacted, remaiiis, as tlie City's cutent pad< area per residei'it does not
yet meet the park acreage standard in tlie Park Dedication Fee ordinance and as development
continues to occur.
3. Tlie sources and amounts of '[unding anticipated to complete tlie financing of tlie Park Dedication
are identified below:
e Developer Fair-Sliare Contributions from all projects that add residences.
4. Tl'ie approximate dates 011 wlffch the funding for the needed park acquisition and improvements is
expected to be deposited into the appropriate account are identified iix tl'ie Five-Year Report on
tlie next page.
Page i4
Attacl'unent A
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost
Fund
Balance
6/30/2021
Expected
to be
Funded
by Fees
Sources and
Amounts of
Funding
Aiiticipated
to Complete
tlie Project
Estimated
Date for
Fiuiding to
be
Deposited
in Fund
Lawrence-
Mitty Parlc
$8,270,994 $9,051,726 100% Projectis TrVinter2020
fully funded
Annual Report
Estimated
Beginning
Date
Spring
2015
Estimated
Completion
Date
Spring 2025
Amount of Fee: Based on Fair-Market Value of land, ffirough land appraisal
FY2020-21
Trust Fund
Activity
Balance at
7/1/2020
Fees
Collected
Interest
Expended
Subtotal
Refunded
Reserved
Balance at
6/30/2021
Fiscal Year
$3,403,484
$104,201
il=
Purpose of Expenditure
$22,788
($9,541)
($2,7 40,200)
($2,749,741)
o
($5,521,253)
$3,530,473
Staff and Adn'iinistration of Lawrence-Mitty Purcliase
Purchase Agreement for Lawrence Mitty
Reserved for constiuction of Lawrence-Mitty Park
($2,749,741 used for property purcliase)
*'- Includes funds collected by Developn'ient Agreement axid otl'ier developments
Page i 5
Attaclunent A
Dept.: Public Works
Project: Transportation Impact Fee
Local Authority:
City of Cupertino: Mui'iicipal Code, Cliapter 14.02
Five Year Reporting & Findings Requirement:
1. Tlie puipose of tlie Transpoitation Iinpact Fee is to lielp mitigate tlie impact to the City's existiiig
transportation infrastructure due to new development, additions to existing sti'uctures or clianges
in use within tlie City of Cupertino. Tlie requirements for applicability to the Transpoitation
Iinl:iacts Fees are set foith iii tlie City's Mui'iicipal Code, Cliapter 14.02, and tl'ie fee was adopted
under tlie provisions of the Mitigation Fee Act. Tlie Transpoitation Impact Fee is based on tlie
Transpoitation Iinpact Fee Nexus Study. Transpoitation Impact Fees are used to fund capital
improvements to the City's transpoitation infrastiucfure.
2. A reasonable relationsliip exists lietween tl'ie Transportation Iinpact Fee and tbe puipose for
wl'iich tlie fee is cliarged, as additional transportation i'i*astructure is needed to offset the
iiicreased demaiid tl'iat new development, additions to existiiig structures and clianges in use
create on tlie roadway network. The need for tlie Traffic Iinpact fees, as identified in tlie Nexus
Study remaiii, as tlie i'i'ifrastiucture improvements liave not yet been constructed.
3. Tlie sources and amounts of funding anticipated to complete tl'ie financing of tlie Tra'i'ispoitation
hnpact Fee are identified lyelow:
* Developer Fair-Sliare Contiibutions fi-om all projects that create new vel'ffcle tiips.
4. Tlie approxiinate dates, on whicli the funding for tlie needed transportation in'ipact improvements
is expected to be deposited, are identified in the Five-Year Report on tlie next page.
Page 16
Attacl'unent A
Five-Year Report
Inco'mplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost
Fiuid
Balance
6/30/2021
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
Projects in tlie $59,780,125 $468,998
Transportation
In'ipact Fee
Nexus Study
I00%Additional Fail 2024
Developer
Contributions,
State and
Federal grai'its,
General Fund
Estimated
Beginning
Date
Winter
2019
Estimated
Completion
Date
Suimner 2026
Annual Report
Amount of Fee: Based on Transportation Impact Fee Nexus Study
FY2020-21
Trust
Fund
Activity
Balance at
7/1/2020
Fees
Collected
Interest
Expended
Fiscal Year
$241,119
$226,728
$1,151
o
Purpose of Expenditure
Subtotal
Refiinded
Balance at
6/30/2021
o
o
$468,998
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. Tlie purpose of tlie N. Stelliiig/I-280 Bridge Pedestiian Lighting & Upgrades fee is to enhance tlie
pedestiian walkway along tlie east aiid west side of tl'ie Noith Stelling Road bridge that crosses
over Interstate 280. Public facilities to be funded witli tlie fees were described iit:
a. Villa Sei'ra Apartments: ASA-2007-03: Condition of Approval No. 21, dated July 13,
2007, for Arclutectural Site Approval ($25,000 collected)
b. Las Palmas Subdivision: TM-2007-02: Condition of Approval No. 24, dated July 18,
2007, for Tei'itative Map Application ($25,000 collected)
2. A reasonable relationslffp exists between the Noith Stelling fee and the puipose for whicli tl'ie fee
was cliarged in tliat new development ui the vicinity of tlie bridge increases pedestrian traffic
across tlie bridge. Tlie need for in'iprovements to tlie bridge, tliat were identified during the
review of tlie two projects, ren"iains, as tl'ie bridge experiences increased Iiedestrian traffic due to
tl'ie two projects.
3. Tlie sources and amounts of funding anticipated to complete the financiiig of tlie bridge
ii'i'iprovements are identified below:
e It is anticipated that tlie City of Cupertino General Fund will be used to supplement
revenue from fees.
4. Tlie approximate dates on wliicl'i tl'ie funding for the 'bridge iinprovenyents is expected to be
deposited into tlie appropiiate accouixt 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
Pedestrian
Liglitiiig &
Upgrades -
N. Stelling/
I280 Bridge
$100,000
Fund
Balance
6/30/2021
$52,222
Expected
to be
Funded
by Fees
Sources and
Amounts of
Funding
Anticipated
to Complete
the Project
50% Anticipated
that City will
fund the
remaumg
cost of the
pro3ect
Estimated
Date for
Funding to
be Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
Spring/2023 Summeil2023 Fall/2023
Page l 8
Attachment A
Annual Report
Amount of Fee: 25% Contiibution to tl'ie total cost, based 011 estiii'iated four projects contrilyuting to
improvement.
FY 2020-21
Trust Fund
Activity
Balance at
7/1/2020
Fees Collected
Interest
Expended
Refunded
Balance at
6/30/2021
Purpose of
Fiseal Expenditure
Year
$ 51,578
o
$644
o
o
$ 52,222
Inception
To Date
Ainount
$ 50,000 Repayment Date
(est.)
$5,772
($3,550)
o
$ 52,222
Loans/Transfers
Page 9
Attaclunent A
Dept.: Public Works
Project: De Anza/McClenan/Pacifica signal modification
Local Authority:
TM-2002-02: Condition of Approval No. 23
Five Year Reporting & Findings Requiretnent:
1. Tlie purliose of tlie De Ai'pa/McClellan/Pacifica signal modification is to study and redesign tlie
traffic signal to improve tlie efficiency of the intersection. Public facilities to be funded witli tlie
fees were desci'ibed in:
a. Cupeitiiio Town Square: TM-2002-02: Co'iidition of Aliproval No. 2, dated July 15, 2003
for Tentative Map application ($145,700 collected)
2. A reasonable relationsliip exists between tlie De Ai'iza/McClellan/Pacifica signal n"iodification
contribution and the puipose for wl'iicli tlie fee was cliarged, in that the new development
introduces additional vel'ffcrilar and pedestrian traffic to tlie intersection. Tlie need for
improvements to tlie intersection and tlie traffic signal, as they were identified duriiyg the review
of tlie project, remains. Tl'ie intersection continues to 11111 less efficiently tlian other intersections
in the area.
3. Tlie sources and amounts of funding anticipated to complete fiiiancing of the intersection
improvements are identified below:
@ Developer Fair-Sliare Contiibutions from other projects that conti'ibute traffic to tlie
intersection.
e It is anticipated tliat tlie City of Cupertino General Fund will be used to supplement
revenue from fees.
* Vel'iicle En'iissions Reductions Based at Scliools (VERBS) Grant funding.
4. The approxiinate dates on wl'iicl'i tl'ie funding for tl'ie bridge iniprovements is expected to be
deposited into tlxe al:ipropriate account are identified below.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost
Traffic Signal $1,200,000
& Intersection
Improvements
De Anza Blvd/
McClellan Rd/
Pacifica Ave
Fund
Balance
6/30/2021
$167,278
Expected
to be
Funded
by Fees
Sources and
Amounts of
Funding
Anticipated to
Complete the
Project
14% Developer
Contributions,
General Fund,
and VERBS
Graiits
Estimated
Date for
Funding to
be
Deposited
in Fiuid
Estimated
Beginning
Date
Funding
has been
provided.
Sumineii
2019
Spring
2021
Esfflmated
Completion
Date
Fall2022
Pagei 10
Attacl'unent A
Annual Report
Amount of Fee: 12.5% Coxitribution to the total cost based 011 estiinated contribution of four projects.
FY2020-21
Trust Fund
Activity
Balance at
7/1/2020
Fees Collected
Interest
Expended
Refunded
Balance at
6/30/2021
Purpose of
Fiscal Expenditure
Year
$165,213
o
$2,065
o
o
$167,278
hiception
To Date
Amount
$ 145,700 Repayment Date
(est.)
$21,578
o
o
$167,278
Loans/Transfers
Page i 11
Attacl'unent A
Dept.: Public Works
Project: Stevens Creek Blvd. and Bandley Drive Signal Improvements
Local Authority:
ASA-2011-12: Coi'idition of Approval No. 43
Five Year Reporting & Findings Requirement:
1. Tlie puil:+ose of the Stevens Creek Blvd and Bandley Diive Traffic Signal hnprovement fee is to
partially fund upgi-ades to tlie traffic signal iii ordcr to improve tlie efficiency of the intersection.
Public focilities to be funded with the fees were described in:
a. Cupextino Crossroads: ASA-2011-12: Condition of Approval No. 43 dated Novemlyer 17,
2011 for Arcliitectural Site Approval ($25,000 collected)
2. A reasonable relationslup exists between tlie Stevens Creek Blvd. aiid Bandley Drive Signal
hi'iprovements fee and tlie purpose for wliicli tlie fee was cliarged, in tl'iat the new development
lias a driveway that coi'inects directly to the signalized ii'itersection and the development will
introduce additional vel'iicular and pedestiian traffic to the intersection. Tlie need for the
improvements to tlie intersection, which were identified during tlie review of the project, remains.
3. Tl'ie soui-ces arid amounts of funding anticipated to complete financing of the signal upgrades
improvements are identified below:
e Developer Fair-Sliare Conti'ibutions from otlier projects in tlie viciiffty of tlie intersectio+i.
e It is anticipated tliat tlie City of Cupeitino General Fund will be used to suppIement
reyenue from fees.
4. Tlie approximate dates on wl'iicli tlie funding for tlie signal improvements is expected to be
deliosited into tlie appropiiate account are identified below.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Stevens Creelc
Blvd and
Bandley
Drive Signal
Improvements
Total
Estimated
Cost
Fund
Balance
6/30/2021
Expected
to be
Funded
by Fees
Sources and
Atnounts of
Funding
Anticipated
to Complete
the Project
$185,000 $13,565 5% Developer
Contributions,
and General
Fund.
Estiniated
Date for
Funding
to be
Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
Funding
lias been
provided.
Suinmer/
2019
Spring/2020 Suinmed2023
Page l I2
Attachment A
Annual RepOr(
Amount of Fee: Conti'ibution fi-om expected nearby developments, based on estiii'iated addition of traffic
to intersection.
FY2020-21
Trust Fund
Activity
Balance at
7/1/2020
Fees Collected
Purpose of
Fiscal Expenditure
Year
$13,398
Inception
To Date
Ainount
Loans/Transfers
$ 25,000 Repayment Date
(est.)
Interest
Expended
$167
0 Kiinley Hoi'ii
Contract
$1,691
($13,126)
Refunded
Balance at
6/30/2021
$13,565 $13,565
Pagei 13
Attaclunent 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. Tlie purpose of tl'ie Traffic Mitigation at Hon'iestead Rd and Lawrence Expressway fee is to fund
improvements to tlie i'iitersection in order to address traffic iinpacts from tlie pro3ect. Public
facilities to be fu'i"ided witli tlie fees were described in:
a. Maiii Street Cupertino: TM-2012-04: Condition of Approval No. 87, dated September 20,
2012 for Tentative Map application ($400,000 collected)
2. A reasonable relationsliip exists between the Traffic Mitigation at Homestead Rd and Lawrence
Expressway fee and tlie purpose for whicli tlie fee was cliarged, in tliat tlie development, in tlie
vicinity of the intersection, introduces additional traffic to tlie iiitersection. Tlie County of Santa
Clara lias estiinated a cost to upgradc tlie intersection, and the Enviroiunental Impact Repozt
assessed a fair sliare contribution from tlie project to address its poition of tlie impact. The need
for improven'ients to tlie intersection, as tliey were identified du*ig tlie review of tlie project,
remains.
3. Tlie soirces and amounts of funding anticipated to complete fina'i'icing of tlie iiitersectioxi
improvements are to be identified by the County of Saiita Clara.
4. Tlie approximate dates on wlffcli tlie funding for tl'ie intersection iinprovements is expected to be
deposited iiito tlie appropriate account are identified below.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
TOtal
Estimated
Cost
Traffic
Mitigation at
Homestead
Rd and
Lawrence
Expressway
Bridge
$4,000,000
Fund
Balance
6/30/2021
$430,861
O/,,
Expecte
d to be
Funded
by Fees
Sources and
Aniounts of
Funding
Anticipated
to Complete
the Project
100% To be
detei'inixied
by the
County of
Santa Clara
Estimated
Date for
Funding to
be
Deposited
in Fund
Estiniated
Beginning
Date
Estimated
Completion
Date
Fhen Fall/2023 Summer/2024
adequate
ftmds liave
been
acquired by
the County
to begin the
project.
Anticipated
Suinmer/
2021
Pagei 14
Attacl'unent A
Annual Report
Amount of Fee: Based on Fair-Sliare Contiibution assessed by Enviromnental Impact Report
FY2020-21
Trust Fund
Activity
Balance at
7/1/2020
Fees Collected
Interest
Expended
Refiuided
Balance at
6/30/2021
Purpose of
Fiscal Expenditure
Year
$425,542
0
$5,319
o
o
$430,861
Inception
To Date
Amount
$400,000 Repayment Date
(est.)
$30,861
o
o
$430,861
Loans/Transfers
Pagei 15
Attachinent 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. Tlie puipose of tlie Traffic Cahning to Mitigate Iinpacts from Main Street Cupertino fee is to help
mitigate traffic iiul:iacts iii tlie adjacent neigliborlioods resulting from the project, for a period of 5
years following project occupancy. Public facilities to be funded witli tlie fees were described iii:
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 relationsl'iip exists between the Traffic Cahniiig fee ai'id tlie ptupose for which the
fee was charged, in tliat tlie development introduces additional traffic to tlie sui'rounding
neighborlioods. Tlie City will utilize tlie funds as needed to address traffic iinpacts to tlie
surroundiiig neighborlioods, 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 witli tlie project ($100,000).
3. Tl'ie approximate dates on whicli tlie funding for tlie iinprovements is expected to be deposited
into tlie appropi'iate accoui'it are idei'itified below.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost
Fund
Balance
6/30/2021
Expected
to be
Fuuded
by Fees
Sources and
Amounts of
Funding
Anticipated
to Complete
the Project
Traffic $100,000 $107,715
Canning iix
Adjacent
Neighborlio
ods
100% Project fully
funded
Estimated
Date for
Funding to
be Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
Fees have Fail/2021
been
collected.
Developmei'tt
Project
con'ipleted
June 2018
June 2023
Pagei 16
Attacl'u'nent A
Annual Report
Ainount of Fee: Estimated Full Cost of tlie Study and potential iinprovements.
FY2020-2l
Trust Fund
Activity
Balance at
7/1/2020
Fees Collected
Ii'iterest
Expended
Refunded
Balance at
6/30/2021
Purpose of
Fiscal Expenditure
Year
$106,386
o
$1,329
o
o
$107,715
Inception
To Date
Atnount
$100,000 Repayment Date
(est.)
$7,715
o
o
$107,715
Loans/Transfers
June 2023
Page 17
Attachn'ient 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. Tlie puipose of the Creek Trail Iinprovements along Calabazas Creek contribution is to
adn'iinister a creek trail plan, the necessazy approvals, and iinproven'ients for a new trail along
Calabazas Creek from Vallco Parlcway to Interstate 280. Public facilities to be funded witli tlie
fees were desciibed in:
a. Main Street Cupertino: TM-2012-04: Condition of Approval No. 47 dated Septen'iber 20,
2012 for Tentative Map application ($65,000 collected)
2. A reasonable relationsliip exists between tlie Creek Trail Iinprovements along Calabazas Creek
Fee and the purpose for wl'iicli the fee was cliarged ii'i tlxat development in tlie viciiuty of tlie
proposed creek trail introduces additional pedestrian traffic to tlie area, causing tlie need to
provide additional and alteri'iative means of pedestrian access and recreation to new residents aiid
visitors to tlie development. Tlie need for a 'iiew creek trail, as it was identified dining the review
of tlie project, remains.
3. Tlie sources and amounts of funding anticipated to complete financing of the project are
identified below:
* Developer Fair-Share Conti'ibutions fron'i other projects in tlie viciiuty of tlie proposed
creek trail location
4. Tlie approximate dates on which tlie funding for tlie trail improvements is expected to be
deposited into tl'ie appropriate account are identified in the Five-Year Report oi'i tlie next page.
Pagel 18
Attacl'unent A
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Creek Trail
Improvements
along
Calabazas
Creek
Annual Report
Total
Estimated
Cost
Fiuid
Balance
6/30/2021
Expected
to be
Funded
by Fees
Sources and
Amounts of
Funding
Anticipated
to Complete
the Project
Estitnated
Date for
Funding to
be Deposited
in Fund
$195,000 $70,016 100% Additional Developer
Developer contributions
Contributions obtained
are needed to when
complete the adjacent
project properties
redevelop.
Anticipated
Summei42022
Estimated
Beginning
Date
Estimated
Completion
Date
Fall/201 7 Winteil2023
Amount of Fee: Contribution equivalent to 1/3 of the estimated cost of creek trail plan
FY2020-21
Trust Fund
Activity
Balance at
7/1/2020
Fees Collected
Iiiterest
- Expended
Refunded
Balance at
6/30/2021
Purpose of
Fiscal Expenditure
Year
$ 69,152
o
$864
o
o
$ 70,016
Inception
To Date
Amount
$ 65,000 Repayment Date
(est.)
$5,016
o
o
$70,016
Loans/Transfers
Page 19
Attacl'unent 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. Tlie pui'pose of tlie Parking Conversion Fund along Vallco Parkway is to enabIe tlie City to
conveit tlie angled parlciixg spaces along tlie soutli side of Vallco Parlcway to parallel parkiiig
spaces ai'id an additional east-bound traffic lane. Public facilities to be funded with the fees were
described in:
a. Main Street Cupeilino: TM-2012-04: Condition of Approval No. 67 dated 9/20/2012 for
Tentative Map application ($450,000 collected)
2. A reasonable relationsl'ffp exists between tlie Parking Conversion Fund along Vallco Pai'kway and
the purpose for wlncli the fund was collected in tliat new development is adjacent to this section
of Vallco Parkway, and tlie develol:in"ient reduced tlie numlyer of east-bound lanes a pait of their
project. Tlie Fund will permit the City to reestablisli the east-bound lane tliat was lost, due to tlie
development, sliould it be found that tlie additional lane is necessaiy to serve tlie pulilic. The
fund is based on tlie estimated cost to perforin the worlc. Tlie need for tlie funds, tliat were
ide'iitified wlien the funds was imposed, remain, as tlie development project has not yet been
completed, and tlie :[ull iinpact of traffic to tlus poilion of road lias not yet mateiialized.
3. Tlie soui-ces and amounts of funding anticipated to complete financiiig of tl'ie conversion were
collected witli tlie project ($450,000).
4. Tlie approximate dates on wl'iich the funding for tlie conversion is expected to be deposited into
tlie appropiiate account are identified below.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Parking
Conversion
Fund along
Vallco
Parkway
Total
Estimated
Cost
Fund
Balance
6/30/2021
$450,000 $484,719
Expect
ed to
be
Funded
by Fees
100%
Sources and
Amounts of
Funding
Anticipated
to Complete
the Project
No
additional
funds
needed at
tlffs time.
Estimated
Date for
Funding to
be Deposited
in Fund
Estiniated
Beginning
Date
Estimated
Completion
Date
Fees have June 2018 Jtme 2023
been collected.
Development
Project
coinpleted
June 2018
Page 120
Attacl'unent A
Annual Report
Amount of Fee: Estiii"iated Full Cost of tlie potential iinprovements.
FY2020-21
Trust Fund
Activity
Bglpnce at
7/1/2020
Fees Collected
Iiiterest
Expended
Refunded
Balance at
6/30/2021
Purpose of
Fiscal Expenditure
Year
$478,734
o
$5,985
o
o
$484,719
Inception
To Date
Ainouiit
$450,000 Repayment Date
(est.)
$34,719
o
o
$484,719
Loans/Transfers
June 2023
Pagei21
Attacl'unent 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 tlie Fundiiig of Neigl'iborhood Cut-tl'irougl'i Traffic and Parliig Intrusio'i'i
Monitoiing Fee is to monitor and address traffic and parliig iiitrusion, in neigliborlioods adjacent
to tlie project site, due to tlie practices of employees who will work at tlie project site. Public
facilities to lye funded witli the fees were desciibed in:
a. Apple Campus 2: Ordiiiance 13-2114: Resolution Approviiig Apple Campus 2
Development Agi-eement - 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 relationsl'iip exists between tlie Funding of Neigliborhood Cut-througli Traffic and
Parkiiig Intrusion Monitoiing fee and tlie puipose for wl'iicli tlie fee was cliai-ged in tliat the traffic
from the development, for wl'iicli tlie fee is to be used to n'ioi'iitor, lias not yet materialized because
the development lias not been fully constructed or occupied. Tlie City will begin monitoring
activitiesintliefallof20l7. Tlie$850,OOOfeewaslyasedonanestiinateoftliecosttoperform
tlie monitoring and make n'iiiior modifications to address traffic and parking intrusion concerns.
Tlie need for traffic and parl6ng iiitrusion monitoring, as it was identified duriiig tlie review of tlie
project, remains. Tlie traffic, for which tlie fees are to be used to monitor, lias not yet
materialized.
3. The sources and amounts of funding anticipated to complete monitozing and improvements were.
collected witli tl'ie project ($850,000).
4. Tlie approximate dates on wl'iich tlie funding for tl'ie monitoring is expected to be deposited into
tlie appropriate account are identified lielow.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
TOtal
Estimated
Cost
Fund
Balance
6/30/2021
Fundiiyg of $869,223 $872,670
Neigliborhood
Cut-through
Traffic and
Pai'king
Intrusion
Monitoring
Expected
to be
Funded
by Fees
Sources and
Amounts of
Funding
Anticipated to
Complete the
Project
Estimated
Date for
Fiuiding to
be
Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
100% Noadditional Fcdl/2017 Sumined20l7 Spring/2024
funds needed
at this tin'ie.
Page 122
Attaclunent A
Annual Report
Amount of Fee: Estimated Full Cost of tlie Study and potential iinproven'ients.
FY2020-21
Trust Fund
Activity
Balance at
7/1/2020
Fees Collected
Interest
Expended
Refiuided
Balance at
6/30/2021
Purpose of
Fiscal Expenditure
Year
$861,897
o
$10,773
0 IDAX &
Stantec
Consulting
Contracts
o
$872,670
Inception
To Date
An'ioruit
$850,000 Repayment Date
(est.)
$64,148
($41,478)
o
$872,670
Loans/Transfers
Page i23
Attachinent 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 tlie Traffic-Adaptive Traffic Signal System along De Ai'iza Blvd fee is to
implement traffic-adaptive technology to the traffic signals along De Anza Blvd witl'mi tlie
jurisdiction of tlie City of Cupeitino. Public facilities to be funded witli tlie fees were described
in:
a. Apple Campus 2: Ordii'iance 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 relationsliip exists between tlie traffic-adaptive traffic signal system along De Anza
Blvd fee and tlie purpose for wliich tlie fee was cliarged in tliat new development will introduce
additional traffic to De Ai'iza Boulevard, and 'inore efficient traffic signal tiiniiig will be needed to
address tlie additional traffic. Tlie fee was based on a fair-sl'iare contiibution of the estiniated
total cost to iiistall tlie traffic-adaptive technology. Tl'ie xieed for traffic-adaptive tecl'inology, as it
was identified duiing tlie review of the project, remains.
3. Tlie sources and amounts of funding anticipated to complete tlie traffic-adaptive technology
upgrades will be I:irovided througli fair-sl'iare contributions from other developers tliat iml:iact the
cori'idor.
I
4. Tl'ie approxiinate dates 011 wl'fflcli tlie funding for tlie traffic adaptive tecluiology is exl'+ected 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
Traffic-
Adaptive
Traffic Signal
System along
De Aiua Blvd
$250,000
Fund
Balance
6/30/2021
Expected
to be
Funded
by Fees
$53,858 IOOo/
Sources and
Amounts of
Funding
Anticipated
to Complete
the Project
Fair sliare
contributions
fi-om other
developers
that iinpact
tlie coi'ridor
Estimated
Date for
Funding to
be Deposited
in Fund
Estitnated
Beginning
Date
Developer
contributions
obtairxed
when
adjacent
properhes
redesie7op.
Anticipated
Swnmei42020
Fall/2019
Estimated
Completion
Date
Suimnei'
2022
Page 24
Attadunent A
Annual Report
Amount of Fee: Based 011 Fair-Sliare Contribution assessed by engineels cost estin'iate
FY2020-21
Trust Fund
Activity
Balance at
7/1/2020
Fees Collected
Interest
Expended
Refunded
Balance at
6/30/2021
Purpose of
Fiscal Expenditure
Year
$ 53,193
o
$665
o
o
$ 53,858
Inception
To Date
An'ioruit
$ 50,000 Repayment Date
(est.)
$3,858
o
$53,858
Loans/Transfers
Page 25
Attachnient A
Dept.: Public Works
Project: Interstate 280/Junipero Serra Channel Trail Improvements
Local Authority:
TM-2011-03: Mitigation PLAaS'T-3
Five Year Reporting & Findings Requirement: Provided for information only. Five years have not
elapsed since initial deposit.
1. The pu'ipose of tlie Iiiterstate 280/Jui'iipero Serra Cliai'u'iel Trail Iinprovements fee is to paitially
fund a feasibility study for a new trail along I-280/Jui'iipero Serra Chaiuiel from N. De Aa'iza Blvd
to Calabazas Creek. Public facilities to be funded witli the fees were described in:
a. Apple Campus 2: Ordinance 13-2114: ResoIution Approving AppIe Cainpus 2
Development Agreement - Section 3.13 and TM-2011-03: Mitigatioxi PLAN-3, dated
10/15/2013 for Tentative Map application ($250,000 collected)
b. CupeitiiioPropertyDevelopment-HyattHouse-10380PerimeterRd:DP-2014-04:
Condition of Approval No. 21, dated October 21, 2014, for Development Pern'iit
application ($66,000 collected).
2. A reasonable relationsl'ffp exists between tl'ie I-280/Jruiipero Serra Cl'iai'uiel Trail Iinprovements
fee, and tlie purpose for whicl'i tlie fee was cliarged, iii tliat the development in the vicii'iity of tl'ie
proposed trail will introduce additional pedesti'ian and bicycle traffic between tlie new campus
and tl'ie existing can'ipus, causing the need to provide additional and alternative routes lietween
tl'ie developn"ients. Tlie need for a new trail study, as it was identified dtuing tlie review of the
project, remains, as the study lias not yet completed.
3. Tlie sources and a'inounts of funding anticipated to complete financing of tlie study are identified
below:
* Developer Fair-Share Contiibutions from other projects in tlie vicinity of tlie proposed
trail location.
4. Tlie approximate dates on wl-iidi tlie -[unding for the bridge inqprovements is expected to be
deposited into tlie appropriate account are identified on tlie next page.
t/
Page l 26
Attaclunent A
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Interstate
280/Junipero
Sei'ra Cliaiu'iel
Trail
In'iprovements
Annual Report
Total Fund
Estimated Balance
Cost 6/30/2021
$500,000 $66,634
Expected
to be
Funded
by Fees
Sources and
Amounts of
Funding
Anticipated
to Complete
the Project
100o/o Additional
Developer
Contributions
are needed to
complete the
pro3ect
Estimated
Date for
Funding to
lye Deposited
in Fund
Developer
contributions
obtained
when
adjacent
properttes
redevelop.
Ongoing.
Estimated Estimated
Beginning Completion
Date Date
Fall/201 7 Winter/2023
Amount of Fee: Contribution equivalent to approximately 60% of the estimated cost of implementation
FY2020-21
Trust Fund
Activity
Balance at
7/1/2020
Fees Collected
Interest
Expended
Refunded
Balance at
6/30/2021
Purpose of
Fiscal Expenditure
Year
$65,812
Inception
To Date
Amount
o $ 316,000 Repayment Date
(est.)
$822
o
o
$66,634
$14,959
Callander ($264,325)
Assoc.
Contract
o
$66,634
Loans/Transfers
Page 27
Attachment A
Dept.: Public Works
Project: Contribution towards Stevens CreekBlvd. Bicycle Lane Improvements
Local Authority:
ASA-2018-01 : Condition of Approval No. 43
Five Year Reporting & Findings Requirement:
5. Tlie purpose of tlie Stevens Creek Blvd. Bicycle Lane Improvement fee is to paitially fiind
upgrades to tlie bicycle lanes on Stevens Creek Blvd in order to ei'ihance tlie safety of tlie bicycle
lanes. Public facilities to be funded witli the fees were described iii:
a. Target Iinprovements: ASA-2018-01 : Coi'idition of Approval No. 22 dated August 14,
2018 for Arcl'iitectural Site Approval ($75,000 collected)
6. A reasonable relationsl'fflp exists between tlie Stevens Creek Blvd. Bicycle Lane hnproven'ients
fee a'iid tl'ie pui'pose for wl'ffdi tlie fee was cliarged, in that tlie new developn'ient abuts Stevens
Creek Blvd., and will introduce additional traffic to the area. Tlie need for tlie improvements to
the bicycle la'iies, wl'ffcli were identified duiing tlie review of the project, remains.
'7.. The sources and amounts of funding anticipated to complete f3nancing of the signal upgrades
improvements are identified below:
* Developer Fair-Sliare Conti'ibutions from otlier projects along Stevens Creek Blvd.
* It is anticipated that the City of Cupertino General Fund will be used to supplement
revenue from fees.
8. Tl'ie approximate dates on wliich the funding for tlie 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
Stevens Creek $2,800,000
Bicycle Lane
Improven'ients
(Wolfe Rd to
Hwy 85)
Fund
Balance
6/30/2021
$78,140
Expected
to be
Funded
by Fees
Sources and
Amounts of
Funding
Anticipated
to Complete
the Project
3% Developer
Contributions,
and General
Fund.
Estimated
Date for
Funding
to be
Deposited
m Fund
Estimated
Beginning
Date
Estimated
Completion
Date
Wiizteil Spring/2021 Summeil2023
2021
Page 28
Attacl'unent A
Annual Report
Amount of Fee: Contril:+ution from developments, based on estimated costs to construct facilities along
prol:ierty frontages.
FY2020-21
Trust Fund
Activity
Balance at
7/1/2020
Fees Collected
Interest
Expended
Refunded
Balance at
6/30/2021
Purpose of
Fiscal Expenditure
Year
$77,175
o
$965
o
o
$78,140
Inception
To Date
.i'u'i'iount
$ 75,000 Repayment Date
(est.)
$3,140
o
o
$ 78,140
Loans/Transfers
Page 129