2014-017 - Amend Traffic Impact Mitigation FeesRESOLUTION 2014 -017
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AMENDING TRAFFIC IMPACT MITIGATION FEES
AND RESCINDING RESOLUTION 1994 -55
WHEREAS, Chapter 15, Article VII of the Town of Los Gatos Town Code provides for
the establishment of Traffic Impact Mitigation Fees; and
WHEREAS, the purpose of these fees is to assure that each new development or
expansion of use pays its fair share of the transportation improvements needed to accommodate
cumulative traffic impacts associated with development as anticipated in the Town's adopted
General Plan; and
WHEREAS, the Traffic Impact Mitigation Fees currently in place have been unchanged
since their approval by the Council on April 4, 1994 with the adoption of Resolution 1994 -55;
and
WHEREAS, the Town has determined the estimated cost of the transportation
improvements necessary to implement the circulation element of the Town's General Plan; and
WHEREAS, the Town has determined the current and anticipated funding available to
pay for the cost of construction of the transportation improvements, including the amount of
funding currently available in the Town's Traffic Impact Mitigation Fee Fund; and
WHEREAS, Section 15.70.035 (a) of the Town Code provides for periodic review of
these fees; and
WHEREAS, Section 15.70.035 (a) of the Town Code also sets forth that the Town
Council shall by resolution set the specific amount of traffic impact mitigation fees; and
WHEREAS, on March 24, 2014, the Town Council at a duly noticed Public Hearing
considered and took action on the specific amount to be charged for traffic mitigation fees which
shall be incorporated in the Town of Los Gatos 2014/15 Comprehensive Fee Schedule.
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los
Gatos, County of Santa Clara, State of California that the following Traffic Mitigation Fees,
adopted by the Town Council on March 24, 2014, shall be payable as set forth in Chapter 15,
Article VII of the Town Code:
A. The fee for all uses shall be calculated at $854 per new Average Daily Trip (ADT).
FURTHER RESOLVED, that the following provisions, previously included as part of
Resolution 1994 -55 adopted on April 4, 1994, shall remain in effect:
A. Walk -in, impulse businesses, such as juice bars, yogurt shops and donut shops, which do
not serve meals, shall be considered Specialty Retail for purposes of traffic impacts only.
B. Traffic credit may be granted for an existing or former use within the past five years prior
to project approval. When applicable, existing or former use traffic (ADT) shall be
subtracted from the project traffic prior to calculating the fee.
C. ADT is defined as the number of average daily trips associated with an identified land
use as determined or derived from the most recent edition of Trip Generation by the
Institute of Transportation Engineers or a Town sponsored traffic study. The Town
approved traffic study will be paid for by the applicant.
D. A secondary dwelling unit with a floor area of six hundred square feet or less shall be
exempt from this fee.
E. The Town Council may exempt housing developments for very low, low and moderate
income residents (as defined by Town Ordinance, General Plan, or statue) from all or a
portion of the traffic impact mitigation fee upon making a finding that the development
provides a significant community benefit by meeting current needs for affordable
housing. The exempted fees will be made up from other sources of revenue. Traffic
mitigation fees paid by other developers will not be used to subsidize the exempted
projects. Each year the Town will identify how much money is to be allocated in the
Capital Improvement Program for traffic improvement projects. Additional revenue
sources will be identified to cover exempted fees.
FURTHER RESOLVED, that credit against Traffic Impact Mitigation Fees due shall be
granted up to the amount of the Estimated Project Cost shown on Attachment 1, Town of Los
Gatos Traffic Mitigation Improvements Project List, for any listed projects for which the
developer either constructs at his own cost, or contributes a fixed or percentage amount. Where
construction is fully funded and completed by the developer, said credit shall be equal to the
Project Cost as shown in Attachment 1. Where payment is a fixed amount or a percentage of
Project Cost, credit shall be equal to the actual amount due, whether the project is constructed by
the developer or others.
FURTHER RESOLVED, that on an annual basis, or before as needed or indicated by
staff or the Council, that the structure of the Traffic Mitigation Fee be reviewed to determine that
it is doing what is intended and does not have unintended consequences; and
FURTHER RESOLVED, that on an annual basis, the Traffic Mitigation Fee be
reviewed for a Cost of Living Adjustment (COLA) or other appropriate adjustment.
FURTHER RESOLVED, this resolution rescinds Resolution No. 1994 -55.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos held on the 19 'h day of May, 2014 by the following vote:
COUNCIL MEMBERS:
AYES: Marcia Jensen, Barbara Spector, Mayor Steven Leonardis
NAYS: Diane McNutt, Joe Pirzynski
ABSENT:
ABSTAIN:
ATTEST:
LOS +GATOS, 1CALIFORNIA
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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