1990-147-Concerning The Traffic Impact PolicyRESOLUTION 1990 -147
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
CONCERNING THE TRAFFIC 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 generate additional traffic
in the Town of Los Gatos to establish the community benefits that would result from the
project and to participate in the cost of constructing capacity enhancing and transit
improvement projects to reduce traffic congestion.
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 Town of Los Gatos
Traffic Impact Policy.
FURTHER RESOLVED, this Resolution rescinds Resolution No. 1988 -4 and 1988 -5.
PASSED AND ADOPTED by the Town Council of the Town of Los Gatos at a
regular meeting held this 2nd day of July 1990, by the following vote:
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Eric D. Carlson, Robert L. Hamilton, Brent N.
Ventura, Thomas J. Ferrito
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
1 � n
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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TOWN OF LOS GATOS
TRAFFIC IMPACT POLICY
Town staff may approve a project with a minor traffic impact (one or more and less than
five additional AM or PM peak hour trips) subject to payment of a traffic mitigation fee,
except mixed use, multi- tenant commercial or industrial or multi - family development
projects that exceed the traffic generation factor assigned to the project at the time of
approval. The Planning Commission and /or Town Council may approve a project with a
minor traffic impact or a major traffic impact (five or more additional AM or PM peak
hour trips) if it is determined that the benefits of the project outweigh the impact of
increased traffic, provided traffic mitigation measures are required and specific sections of
the General Plan and any applicable Specific Plan clearly state that the type of project will
benefit the community (See Section 2.5.6 of the General Plan). In order to determine if
a project will generate additional traffic, the Town will use composite trip generation rates
derived from the following sources and updated from time to time:
■ Institute of Transportation Engineers (ITE)
■ San Diego Association of Governments (San DAG)
■ California Department of Transportation (Caltrans)
■ Other Municipalities such as the City of San Jose
The specific mitigation measure(s) required would be based on the magnitude of the
project's traffic impact which would also establish the procedure for processing the project
as set forth below.
A. REVIEW PROCESS
Staff Review:
a. Staff will initially determine whether a proposed project generates a net
increase in traffic. If the project does not generate a net increase in traffic,
the traffic policy does not apply. Therefore, the project will be recommended
for approval or denial based on the merits of the project.
EXHIBIT A
TRAFFIC IMPACT POLICY
b. If there is a net increase in traffic, staff will review the applicant's proposal
and determine if the project will create minor traffic impacts or major traffic
impacts.
c. Projects that generate additional traffic may only be recommended for
approval if the project's benefits to the community override the traffic impacts
as determined by specific sections of the General Plan and /or any Specific
Plan. If a project generates additional traffic, the burden is on the applicant
to site specific sections of the General Plan and any applicable Specific Plan
that demonstrate the project's benefit to the Community which outweighs the
traffic impact. The deciding body must make specific findings which
demonstrate that the benefit(s) of the project outweigh the impact in order
to approve the project.
2. Mitigation of Traffic Impacts:
If a project with a traffic impact is recommended for approval by staff and /or
subsequently approved by the Planning Commission and /or Town Council, traffic
mitigation measures shall be imposed. The traffic mitigation shall be in the form
of an in -lieu traffic impact fee for projects with minor traffic impacts. The
mitigation for projects with major traffic impacts will be required to payment of
a traffic impact fee and a proportionate share or construction of intersection
and /or roadway improvements within a specified distance from the project.
Minor traffic impact is defined as one or more and less than five additional AM
or PM peak hour trips.
Major traffic impact is defined as five or more additional AM or PM peak hour
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TRAFFIC IMPACT POLICY
trips.
The determination of whether a project has a minor or major traffic impact is
based on a traffic analysis prepared by the Town Engineering Department based
on standardized trip generation rates.
If a project is determined to have a major traffic impact, a traffic report shall be
prepared by a private consultant, hired by the Town at the applicant's expense.
The report will include an analysis of generated trips and any linked trips.
If an applicant does not agree with the results of the Town's traffic analysis or the
traffic report prepared by the Town's consultant, the applicant may have an
independent traffic report prepared at the applicant's expense.
B. FEES
Based on a traffic analysis required in A above, any project which is found to cause a
net increase in traffic shall pay a traffic impact mitigation fee, as established by
separate resolution.
The traffic impact mitigation fee and any proportionate share of intersection
improvements shall be due prior to Final Map approval and /or issuance of a Building
Permit, as applicable. The traffic impact mitigation fee shall be used to construct
capacity enhancing projects (i.e., signals, street widening, etc.) that are listed in the
Capital Improvement Program and transit improvement projects that are identified by
the Town as a means of reducing traffic congestion.
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TRAFFIC IMPACT POLICY
C. RIGHT TO DEVELOP NOT GUARANTEED
Compliance with the provisions of the Traffic Impact Policy is not to be construed to
be a right of development. The Town specifically retains the right of review and
approval (or denial) of each project based on its merits.
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