Infrastructure Impact Fee and a Long Term Financial Plan for Infrastructure, by BC

From: Better Cupertino
Date: Sun, Oct 18, 2015 at 11:46 AM
Subject: Infrastructure Impact Fee and a Long Term Financial Plan for Infrastructure
To: City Council <citycouncil@cupertino.org>, David Brandt <davidb@cupertino.org>, planning@cupertino.org

Dear Mayor Sinks, Vice Mayor Chang, Councilmembers and Planning Commissioners,

I have changed the subject line to read "Infrastructure Impact Fee" for clarity, since in some cities "Development Impact Fee" refers to the mitigation fee for affordable housing.

Why do we need Infrastructure Impact Fee? Why is the EIR not sufficient to mitigate all development impact?

Take the example of the EIR for GPA. It tries to estimation the impact of a 30% population growth from 60,000 people to over 90,000.

In the section on "Public Services and Recreation". Every category is reported as "Less Than Significant," including Fire Protection, Police Protection, Library Facility Services, Park and Recreation. The reasons used are either there are already general plan policies or municipal code to ensure a proper level of service or that this growth will happen incrementally over a 25-year period of time. (See quotes from EIR at the bottom of this email.)

However, general plan policies or municipal code do not provide funding sources to ensure the level of services needed. The growth will happen incrementally, but the property tax from growth does not pay for all facilities needed for increased civil services.

Here is what the current EIR process does. It declares each project as "less than significant" on city services. After 10 projects, the accumulated impact will eventually become significant. And the next EIR will say this: "The impact is already 'significant' and it remains 'significant' with this new project. Thus, there is no need to mitigate the impact." So, as a result, none of the project would need to mitigate the impact on city services.

Then, who will eventually pay to build a new library when the current one is too crowded?

Who will pay to build community centers?

And who will pay for a new city hall? We the taxpayers.

The city needs to plan for the future and make a financial plan for the future.
Not one project at a time. And get a loan for each project.

If any of the community benefits (or voluntary community amenities) you have in mind falls into the category of basic services, like fire, police, library, park, community center, bike path,... They should be take care of through Infrastructure Impact Fee.

Any project which does not need any GPA would also pay their share of Infrastructure Impact Fee.

 

If the developer is willing to offer more beyond the mandatory Infrastructure Impact Fee, that is then considered community benefits (or voluntary community amenities). Of course, you can always waive Infrastructure Impact Fee if the community benefits (or voluntary community amenities) is beyond the mandatory amount.

Please make a long term investment for the city and a long term financial plan.

----------------------- from EIR Section 4.12 Public Services and Recreation ------------------

GPA EIR 4.12-8 Fire Protection Service => Less than significant
"The General Plan includes policies and strategies that, once adopted, would ensure adequate fire protection services are available for the residents of Cupertino.... Consequently, compliance with the State and local regulations, in conjunction with confirmation by the SCCFD that facilities, staff, and equipment would be adequate to accommodate anticipated future growth,..."

GPA EIR 4.12-12: Police Protection Service => Less than significant
"Further, it is unlikely that implementation of the proposed Project would significantly increase the degree or incidence of need for mutual aid from neighboring agencies
because anticipated growth under the General Plan would occur incrementally throughout the 26-year buildout horizon."

GPA EIR 4.12-24: Library Facility and Services => Less than significant
"While an overall increase in residents is expected, service growth under the proposed Project would occur incrementally throughout the 26-year horizon; therefore, potential impacts resulting from increased demand for library services would not occur in the immediate future."

GPA EIR 4.12-32: Parks and Recreation => Less than significant
"Overall, the proposed Project would result in development allocation increases throughout the city that would increase population, and subsequently the demand to parks and recreation facilities throughout the city. However, because buildout would occur incrementally throughout the 26-year horizon, and future development would be subject to comply with the Municipal Code Chapters 14.05 and 18.24, and the General Plan policies listed above that would ensure that future development provide their fair-share of parks to help meet the City’s target of three acres per 1,000 residents, impacts would be less than significant."