2024-004 - Updating the Transportation Imapct Fee and Amending the 2023-2024 Master Fee Schedule to Inlcude the Updated FeeRESOLUTION 2024-004
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
UPDATING THE TRANSPORTATION IMPACT FEE AND AMENDING
THE 2023-2024 MASTER FEE SCHEDULE TO INCLUDE THE UPDATED FEE
WHEREAS, the Town has adopted a traffic impact fee which is used to make traffic
improvements in the Town;
WHEREAS, the Town wishes to rename the traffic impact fee as the "transportation impact
fee" since it will be used to make transportation improvements, which include pedestrian and bicycle
improvements;
WHEREAS, the amount of the Town's transportation impact fee is established by resolution at
the Town Council;
WHEREAS, the Town's transportation impact fee is used to make transportation improvements
within the Town;
WHEREAS, the state Mitigation Fee Act imposes requirements on local jurisdictions prior to
implementing increases to development impact fees; and
WHEREAS, DKS Associates on behalf of the Town has prepared the Transportation Impact Fee
Update Nexus Study dated November 2023 (the "Nexus Study");
WHEREAS, the Town has prepared a Capital Improvement Plan describing the improvements to be
funded with the Transportation Impact Fee, which is included in the Nexus Study;
WHEREAS, the Nexus Study describes the projects on which transportation impact fees are to be
imposed, the reasonable relationship between the impact fees and the various types of new
development, the need for new public facilities and improvements to serve the new development, sets
forth a methodology for determining the relationship between new development and the needed public
facilities and the estimated cost of those improvements, and otherwise satisfies the requirements of the
state Mitigation Fee Act;
WHEREAS, the Town has complied with the notice and hearing requirements of state law in that
the Town Council met on November 21, 2023, to schedule a noticed public hearing for January 16, 2024,
and the Town mailed notice to any interested party who had filed a written request with the Town Clerk
for mailed notice of a meeting on new or increased fees;
WHEREAS, the Town Council held a public hearing on January 16, 2024;
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Resolution 2024 - 004 January 16, 2024
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS, CALIFORNIA, HEREBY
FINDS AND RESOLVES that:
1. Mitigation Fee Act (codified at CA Government Code Sections 66000-66025) Findings. The
Town Council finds that:
a. The purpose of the fee is to fund transportation improvements described in the Town's
Capital Improvement Plan.
b. The fee is used to fund transportation improvements such as roadways, pedestrian
facilities, bicycle lanes, and traffic signal improvements as described in the Town's
Capital Improvement Plan.
c. There is a reasonable relationship between the fee's use and new development,
because the fee will be used to make improvements to the City's transportation
infrastructure to serve new development and the fee is imposed on all new
development requiring a planning application.
d. There is a reasonable relationship between the need for transportation improvements
and new development, because the fee is calculated based upon the additional
transportation needs expected to be generated by each land use.
2. Adoption of the Transportation Impact Fee. The Town Council hereby approves and adopts the
development impact fees for transportation improvements in accordance with the schedule
set forth in Exhibit A to this Resolution.
3. Methodology for Calculation, Adjustment, and Collection of Transportation Impact Fees. The
transportation impact fees shall be calculated, adjusted, and collected in accordance with the
Town ordinances and Nexus Study. The amount of the transportation impact fees shall be
automatically adjusted annually for inflation on July 1" of each year by the percentage change
in the Consumer Price Index (Bureau of Labor Statistics, US Department of Labor for the San
Francisco / Oakland / San Jose Metropolitan Statistical Area (or any successor index) The
calculation for that annual adjustment shall be made using the month of April over the month
of April in the previous year.
4. Severability. If any section subsection, subdivision, paragraph, sentence, clause, or phrase of
this Resolution or any part hereof is for any reason held to be invalid or unconstitutional, such
decision shall not affect the validity of the remaining portion of this Resolution or any part
thereof. The Town Council hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one
ore more section, subsection, subdivision, paragraph, sentence, clause, or phrase be declared
invalid or unconstitutional.
5. CEQA. Pursuant to section 15378(b)(4) of the California Environmental Quality Control Act
(CEQA) Guidelines, the adoption of the resolution to approve the fee is not a project
subject to CEQA in that it is a government fiscal activity which does not involve any
commitment to any specific project which may result in a significant impact on the
environment.
6. Effective Date. This Resolution will become effective 60 days after its adoption.
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Resolution 2024 - 004 January 16, 2024
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California, held on the 16th day of January, 2024, by the following vote:
COUNCIL MEMBERS:
AYES: Maria Ristow, Rob Rennie, Rob Moore, Matthew Hudes
NAYS: Mayor Mary Badame
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR orTHE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: 0/b71201
ATTEST:
TOWN CLERK THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: 1)0-71s4
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Resolution 2024 - 004
January 16, 2024
EXHIBIT A
Transportation Impact Fee, Adopted January 16, 2024
Land Use Classification
Proposed Fee
Single Family Residential (per square foot)2
$6.10
Multi -Family Residential (per square foot)3
$6.96
Retail (per 1,000 square feet)
$22,391
Office (per 1,000 square feet)
$19,731
Industrial (per 1,000 square feet)
$9,255
Notes:
1. Taken from Nexus Study by DKS Associates.
2. Single family fee is $16,051 per dwelling unit; converted to square foot basis using an average single family
residential size of 2,632 square feet.
3. Multi -family fee is $11,472 per dwelling unit converted to square foot basis using an average multi- family
residential size of 1,649 square feet.
Exhibit A