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1988-004-Town-Wide Critical Intersection Impact PolicyRESOLUTION NO. 1988 -4 TOWN -WIDE CRITICAL INTERSECTION IMPACT POLICY WHEREAS, it is the intention of the Town Council of the Town of Los Gatos to adopt a policy requiring developers whose projects are shown to impact one or more critical intersections in the Town of Los Gatos to participate in the cost of constructing improvements to increase the capacity of said impacted intersections. RESOLVED, that the Town Council of the Town of Los Gatos does hereby adopt the Policy Statement as shown on the attached Exhibit "A" as the policy of the Town of Los Gatos. FURTHER RESOLVED, this Resolution supercedes Resolution No. 1986 -61. PASSED AND ADOPTED by the Town Council of the Town of Los Gatos at a regular meeting held this 4 day of January , 1988, by the following vote: AYES: COUNCIL Brent MEMBERS: N. Ventura, Thomas J. Ferrito, Robert L. Hamilton, and Mayor Eric D. Carlson NOES: COUNCIL MEMBERS: Joanne Benjamin ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None SIGNED: ,•- rte~ �`' MAYOR OF THE TOWN OF LOS GATOS ATTEST: CLERK OF THE TOWN OF LOS GATO TOWN -WIDE CRITICAL INTERSECTION IMPACT POLICY "Based on an independent traffic analysis, any project which is found to add traffic (one or more one -way trips during the peak hour) to one or more critical intersections (Level of Service "E" or "F ", as computed using the Transportation Research Circular No. 212, January, 1980 (Planning Approach), or as revised from time to time, developed by the Transportation Research Board) may be required to contribute an in -lieu fee for construction of capacity improvements at the criti- cal intersection(s). The amount of the fee would be determined by multiplying the percent increase in the peak hour volume (1x minimum) generated by the proj- ect, by the total estimated or actual cost for construction of the capacity im- provements at the critical intersection(s). The fee would be due prior to final map approval and /or Building Permit issuance, as applicable. An in -lieu fee(s) may only be collected if improvements to the intersection(s) are proposed in the Capital Improvement Program. If a project (e.g. land divisions, intensification of uses, etc.) adds traffic to a critical intersection(s) for which no capacity improvements are planned, the project shall be denied unless the deciding body has certified an Environmental Impact Report and makes a Statement of Overriding Considerations or the project can qualify for one of the exceptions listed below: EXCEPTIONS FOR PROJECTS THAT ADD TRAFFIC TO A CRITICAL INTERSECTIONS) FOR WHICH NO CAPACITY IMPROVEMENTS ARE PLANNED: A. Vacant Parcels 1. An existing vacant parcel designated for residential use may be de- veloped with a single family house. 2. Any residential project (i.e., subdivision, multiple family resi- dential development, Planned Development, etc.) may be approved, on a vacant parcel, subject to all other Town Policies and Regulations, providing the deciding body makes the following findings: (a) The project does not exceed 50% of the density allowed by the Zoning Ordinance and /or General Plan; (b) The project significantly fulfills at least one of the Policies of the General Plan Housing Element; (c) The project will contribute an in -lieu fee for construction of proposed capacity improvements wherever traffic impact attributable to the project occur. 3. An existing vacant parcel designated for nonresidential use may be developed providing the project does not generate traffic in excess of that which would be generated by a retail use within a building with a floor area ratio of 0.6. A vacant parcel is any property that is not improved with any structures. B. Improved Parcels 1. For parcels on which a structure(s) is destroyed or razed after May 18, 1982: (a) A new structure may be reconstructed with the identical use and number of trips generated or; (b) A new structure with a different use may be constructed subject to all other zoning restrictions so long as the traffic generated by the use does not exceed that which was generated by the previous use, or; (c) If the destroyed or razed structure had been vacant for so long that the traffic generated by the previous use cannot be determined or the structure had been designed for a use no longer permitted in the zone, a new structure may be built which does not generate traffic in excess of that which would be generated by a retail use within a building with a floor area ratio of 0.6. 2. Parcels designated for residential use which are improved with an existing single family dwelling may be divided into a maximum of two lots as long as the division complies with all adopted policies regulating lot splits and would permit the construction of only one additional single family dwelling. The aforementioned policy statement is not to be construed to be a right of de- velopment nor should it be construed as the acceptance on the part of the Town of Level of Service "D ". The Town specifically retains the right of review and ap- proval (or denial) of each project based on its' merits." GP01:GP- 87-8 *, pgs. 9 and 10 - 2 -