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
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