2019-059 - Amending the Traffic Impact PolicyRESOLUTION 2019-059
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING THE TRAFFIC IMPACT POLICY
WHEREAS, on August 5, 1991, the Town of Los Gatos adopted Resolution 1991-174
adopting a Traffic Impact Policy; and
WHEREAS, Chapter 15, Article VI of the Town of Los Gatos Town Code provides for the
establishment 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; and
WHEREAS, on May 19, 2014, the Town Council adopted Resolution 2014-017 confirming
actions taken by the Council on March 24, 2014 amending the Town's Traffic Impact Mitigation
Fees; and
WHEREAS, on May 19, 2014, the Town Council, in conjunction with amending the Town's
Traffic Impact Mitigation Fees also adopted a number of additional provisions related to the
assessment of Traffic Impact Mitigation Fees, including provisions related to specialty retail uses,
traffic credit for existing or former uses, secondary dwelling units, low income housing, and credit
for payment and construction of Traffic Mitigation Improvement Projects; and
WHEREAS, on August 19, 2014 the Town Council revised the traffic impact policy thereby
rescinding provisions of Resolution No. 2002-175 related to Community Benefit offerings for
traffic impact mitigation; and
WHEREAS, on December 6, 2016 the Town Council revised the traffic impact policy to
more accurately reflect the traffic impacts from changes in use within the Central Business
District (Downtown);
WHEREAS, the traffic impact policy should more accurately reflect the economic vitality
priorities of the Town by facilitating changes in use.
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los Gatos,
County of Santa Clara, State of California that the attached Traffic Impact Policy (Exhibit A), dated
December 3, 2019 is hereby adopted.
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Resolution 2019-059 December 3, 2019
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos
held on the 311 day of December 2019 by the following vote:
COUNCIL MEMBERS:
AYES: Steve Leonardis, Rob Rennie, Marico Sayoc, Barbara Spector, Mayor Marcia Jensen
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: I o- 1
ATTEST:
t6vaG Qx( �A�0
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: 1& Lp
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Resolution 2019-059 December 3, 2019
Exhibit A
TOWN OF LOS GATOS
TRAFFIC IMPACT POLICY
December 3, 2019
I. DEFINITIONS
Average Daily Trips, Average Daily Trips (ADT) are the total number of trips, both in -bound and out -bound,
within a 24 hour weekday period, generated by a particular use or development.
Pass -By Trip. Trips generated by the proposed Project that would be attracted from traffic passing the
proposed project site on an adjacent street that contains direct access to the Project.
Peak Hour Trip. Peak Hour Trips are vehicle trips, both in -bound and out -bound, occurring during a one
hour period either during the A.M. Peak (7 A.M. to 9 A.M.) or the P.M. Peak (4 P.M. to 6 P.M.), generated
by a particular use or Project.
Project. A Project subject to this policy encompasses all land use development projects affecting the built
environment over which the Town has administrative or legislative authority, that require review and
approval and issuance of a building permit, certificate of use or occupancy, or other land use approval by
Town staff, Commissions, or Council.
Specialty Retail. Specialty Retail uses are defined as walk-in and impulse businesses such as juice bars,
yogurt shops, coffee shops, donut shops, and similar uses which do not generally serve meals and have
limited or no seating. Specialty Retail uses are defined under this policy for purposes of establishing trip
generation data and this definition does not provide any land use or zoning guidance.
II. GENERAL CONDITIONS AND APPLICABILITY
1. This policy is intended to provide guidance to Town staff and the development community in
implementing the provisions of the Town Municipal Code, Chapter 15, Article VII, Traffic Impact
Mitigation Fees.
2. Projects that are determined by the Town to generate one or more new net Average Daily Trips are
subject to this policy.
3. Projects that will generate 20 or more new Peak Hour Trips shall be required to complete a
comprehensive traffic impact analysis report as described in more detail in Section VI. TRAFFIC
IMPACT MITIGATION REPORT.
4. Consistent with Transportation Impact Analysis (TIA) Guidelines adopted by the Santa Clara County
Transportation Authority (VTA) Congestion Management Program, Pass -by Trips shall not be
considered in calculating the 20 new Peak Hour Trip threshold that triggers the requirement for
conducting a comprehensive traffic impact analysis report.
S. For the purpose of Traffic Impact Fees, changes in use without changes in net building square footage
shall not be considered to create a traffic impact, shall be exempt from this policy, and no fees shall
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Resolution 2019-059 December 3, 2019
be charged for a change in use. Any increases in building square footage shall pay impact fees at the
ITE equivalent rate for the expanded area, as determined by the Town Traffic Engineer.
6. In order to determine how much new traffic a Project will generate, the Town will use applicable trip
generation rates and pass -by trip data from the most recent edition of the Institute of Traffic
Engineers (ITE) Trip Generation Manual. Alternatively, trip generation rates from the following
resources may be used if determined by the Town to be more appropriate than the available ITE rates:
San Diego Association of Governments (SanDAG); California Department of Transportation (Caltrans);
or the City of San Jose. A Town -sponsored or peer -reviewed traffic study may also be used to
determine trip generation rates.
7. Nothing in this Policy shall prohibit or restrict a Project applicant from completing a traffic study for a
Project anticipated to generate less than 20 new Peak Hour trips.
III. TRAFFIC IMPACT MITIGATION FEES
1. All Projects that generate one or more new Average Daily Trips are required to pay Traffic Impact
Mitigation Fees, subject to preceding sections of this policy.
2. All required Traffic Impact Mitigation Fees shall be paid in full to the Town in association with and
prior to issuance of a building permit. If no building permit is required, the fee shall be paid in full
prior to issuance of a certificate of use and occupancy, or similar entitlement. The amount due shall
be calculated based on the fee in place as approved by the Town Council by resolution at the time the
fee is paid.
3. The per trip amount of the fee shall be as set forth by the Town Council by resolution, pursuant to
Town Municipal Code, Chapter 15, Article VII, Traffic Impact Mitigation Fees.
4. Fees shall be calculated by multiplying net new ADT by the per trip amount in place at the time the
fees are paid.
5. ADT shall be determined by using the applicable trip generation rate and pass -by trip data from the
most recent edition of the Institute of Traffic Engineers (ITE) Trip Generation Manual. When a use is
not listed in the ITE Trip Generation Manual, or where ADT data is not available, the Town Traffic
Engineer shall use available Peak Hour Trip data or select the most appropriate trip generation rate
and pass -by trip classification for use in calculating ADT. Trip generation rates from alternate sources
may be used if determined by the Town Traffic Engineer to be more appropriate than the available
ITE rates. Examples of alternate sources of data include: San Diego Association of Governments
(SanDAG); California Department of Transportation (Caltrans); City of San Jose; comparable
store/business traffic studies.
IV. CREDIT FOR EXISTING TRIPS
1. In calculating new Peak Hour Trips for purposes of determining whether or not a traffic impact analysis
report is required pursuant to this Policy, trip credit shall be granted for an existing use or the most
recent former use within the past five years prior to submittal of a Project application.
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Resolution 2019-059 December 3, 2019
2. In calculating new Average Daily Trips for purposes of determining the amount of the Traffic Impact
Mitigation Fee due, trip credit shall be granted for an existing use or the most recent former use within
the past five years prior to submission of a Project application.
3. Where the property is vacant, the most recent former use within the past five years prior to
submission of a Project application shall be used. If the property has been vacant for more than five
years, no credit shall be given. Vacancy for purposes of Fee Credit shall include any vacant or
unoccupied property, structure or building where no active, approved use is currently present.
V. CREDIT FOR TRAFFIC MITIGATION IMPROVEMENTS
1. 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, as a condition of approval, is required to either
construct at the developer's sole cost, or contribute a fixed or percentage amount of funding toward
future construction of the listed improvement. 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.
2. No credit shall be given for any public right-of-way dedication required for completion of projects
listed on Attachment 1.
3. Credit will be given on a case -by -case basis and shall not exceed the impact fee payable. Any request
for credit shall be made prior to the payment of the Traffic Impact Mitigation Fees. No credit shall be
given for installation of Town -standard frontage improvements, Project access improvements, or
internal circulation improvements.
4. Credit shall only be granted for payment of costs or construction of projects listed in Attachment 1,
unless otherwise approved by the Town Council.
VI. TRAFFIC IMPACT ANALYSIS REPORT
1. Traffic impact analysis reports required pursuant to this policy shall be prepared consistent with the
Transportation Impact Analysis (TIA) Guidelines adopted by the Santa Clara County Transportation
Authority (VTA) Congestion Management Program (August 2009), or as such Guidelines may be
amended or updated from time to time, except that the threshold for preparation of a traffic report
under this policy is 20 new Peak Hour trips, whereas the VTA TIA threshold is 100 new Peak Hour
Trips.
2. Traffic impact analysis reports shall be funded in full by the project applicant. Project applicants shall
deposit funds with the Town in an amount deemed necessary to cover the cost of an independent
consultant report, plus staff administrative and review costs. Following deposit of funds, the Town
will hire a professional transportation consultant to complete the required study. Alternatively, the
project applicant may hire their own professional engineering or transportation consultant to
complete a traffic study, in which case they must deposit with the Town funds sufficient for the Town
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Resolution 2019-059 December 3, 2019
to hire a professional firm to conduct a peer review of the applicant -prepared traffic report, plus staff
administrative and review costs.
3. The Town shall conduct an open, competitive process to establish a list of firms which are qualified to
prepare traffic reports and/or conduct peer review of traffic studies under contract to the Town. The
list of firms shall be selected in accordance with the Town Purchasing Policy. A new list shall be
created at a minimum of once every five years.
VII. OTHER PROVISIONS
1. The Institute of Traffic Engineers (ITE) Trip Generation Manual trip generation rates for Specialty Retail
Center shall apply to all Specialty Retail uses as defined in this policy.
2. A secondary dwelling unit shall be exempt from this policy.
3. The Town Council may exempt housing developments for very low, low and moderate income
residents (as defined by Town Ordinance, General Plan, or statute) 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.
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Resolution 2019-059 December 3, 2019
Attachment 1
Town of Los Gatos Traffic Mitigation Improvements Proiect List
Sou rce
GPNTP2035
Description
Blossom Hill Rd and Union Ave Intersection Inprovernents
Estimated
Project Cost
(2014$)
Is 1,200,000
Growth
Related
Project
Cost
90.00%
Mitigation
Impact fee
Eligible Cost
$ 1,080,000
GPNTP2035
Los Gatos- Almaden Rd lrrproeerrents
$ 3,000,000
50.00%
$ 1,500,000
GPNTP2035
Los Gatos Blvd Widening - Samaritan Otto Carrino Del Sol- Road
widenino, new sideways and dike Imes
$ 4,000,000
50.00%
$ 2,00010DO
GPNTP2035
Lhion Ave Widening and Sidewalks - complete ped and like routes
$ 3,000,000
50.00%
$ 1,500,000
GPNTP2035
Wood Rd Gatew ay on Santa Cruz Ave - roundabout
$ 1,200,000
50.00%
$ 600,000
GPNTP2035
Central Trail is Signal Controls stem
$ 750,000
9.68%
$ 7$600
GPNTP2035
Hm y 9 Los Gatos Creek Tied connector - new path and bridge for
$ 1,000,000
50.00%
$ 500,000
GPNTP2035
HNy 9/N Santa Cruz Ave Intersection Improv ements
$ 1,400,000
90.00%
$ 1,260.000
CIP
Fbbert3 Road hypiovements from bridge to Universal
$ 600 000
50.00%
$ 300,000
CP
Pollard Fbad Widening f rom Know les to Y ork Av enue
$ 2500000
50.00%
$ 1250000
C1P
Sidewalks infill- V an Meter, Fischer and Blossom Fill Schools
$ 1,000,000
50.00%
$ 500,ODO
CIP
Winchester Blv d/Lark Av enue Intersection lrrprwerrents
$ 850.000
m00%
$ 765,000
CIP
Westbound Lark to FMi y 17 northbound ramps - add tw o right -turn
$ 3,750,000
90.00%
$ 3,375,000
CIP
Uif unded Deferred Street Maintenance (Annual RMS Sum ey)
$ 10,500,000
9.68%
S 1,016,400
GP
LarklLos Gatos Inter section lmprw ements- A old Third Left Turn
Lanes f or Eastbound and Northbound A pproaches
$ 1,200.000
90.00%
$ 1,080,000
GP
Complete Street Improvements - Larkfrom Garden Hill to Los Gatos
$ 2,100,000
50.00%
$ 1,050,000
GP
Complete Street Improvements - SR 9 from Lhly eristy to Las Gatos
$ 650,000
50.00%
$ 325,000
GP
Complete Street Improvements- BlossomHill Road from Old Blossom
Htl Road to Recent Drive
$ 3,000,000
50.00%
$ 1,500,000
GP
Complete Street lrrproverrents- Know ]as fram Pollard to Winchester
$ 2,000,000
50.00%
$ 1,000,000
GP
Complete Street Improvements- Winchester from Blossom Hill to Lark
$ 1,500,000
50.00%
$ 750,000
GP
Blossom Hill Pbad widening over Highw ay 17
$ 2,000,000
50.00%
$ 1,000,000
GP
Local Bikeway Improvements
$ 750000
50.00%
$ 375000
Notes: Total
VTP = Valley Transportation Plan, 2035 by Santa Clara Valley Transpottatim Authority.
Town CIP - Town of Las Gatos. Capital Improvement Proa-am and Denrlino construction project list.
Source: Torn of Los Gatos.
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