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Item 26 Staff Report Adopt Ordinance Amending Town Code Sections 15.3.515 and 15.30.530 Relating to Heavy Vehicles and Permit Fees and Establishing a Road Impact FeeTOWN OF LOS GATOS COUNCIL AGENDA REPORT DATE: June 2, 1994 TO: MAYOR AND TOWN COUNCIL FROM: TOWN MANAGER SUBJECT: f24-- COUNCIL AGENDA " DATE: 6/6/94 D S� ITEM NO. c INTRODUCE ORDINANCE AMENDING TOWN CODE SECTIONS 15.30.515 AND 15.30.530 RELATING TO HEAVY VEHICLES AND PERMIT FEES AND ESTABLISHING A ROAD IMPACT FEE RECOMMENDATION: 1. Direct the Clerk to read the title; 2. Move to waive the reading. 3. Introduce the Ordinance to amend Town Code Chapter 15. 4. Instruct the Clerk to publish a summary at least (5) days prior to adoption. BACKGROUND: In 1992, the Town amended Chapter 15 of the Town Code to regulate hauling stemming from Route 85 construction. The contractor proposed removing several million cubic yards of dirt over Town streets. Our Ordinance and fee structure were modeled after a Redwood City Ordinance and designed to recover costs attributable to heavy truck damage. The Ordinance modified provisions found in the California Vehicle Code and the Department of Transportation permit regulations. Staff believes that the Ordinance needs to be amended and new provisions added to conform better to the State regulations. DISCUSSION: A. The hauling fee provisions would be amended so that traffic would recover only the cost of issuance. PREPARED BY: SCOTT R. BAKER Director of Building and Engineering Services SRB:ms 6/2/94 9:57 am N::\B&E\SCOTT\HAULORD.TCR Reviewed by: Attorney CI Finance Treasurer COUNCIL ACTION/ACTION DIRECTED TO: PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: INTRODUCE ORDINANCE AMENDING TOWN CODE SECTIONS June 2, 1994 DISCUSSION: (cont.) B. The proposed road impact fee will establish a fee structure based on the estimated loads for the type of construction contemplated. The fee is to be collected for : Building Permits, Grading and landscape Permits, Improvement Contracts, and Encroachment Permits. The fee shall be part of the Town Fee Schedule and be established by Resolution. The fees shall be collected at the time of permit issuance and deposited in a separate account depending on the geographic location of the work. Because the road systems generally follow drainage patterns, staff recommends that the existing drainage basin map boundaries be used to track and expend funds for road construction and maintenance - (Attachment 4). Where a boundary is the centerline of a road, funds from either district may be used to maintain and reconstruct the road. CONCLUSIONS: Heavy loads on vehicles are known to be major contributors to road damage. The Town has projected a 6 to 8 million dollar deficient in the current funding available to repair and maintain roads. Staff recommends in favor of this proposal. ATTACHMENTS: 1. Proposed Ordinance Red Line Version Showing Amendments 2. Proposed Ordinance 3. Proposed Fee Structure 4. Map of Districts FISCAL IMPACT: The fees are estimated to generate $7,200 annually. ROAD IMPACT AREA ACCOUNT 100-26401 - $4,320 100-26402 - 2,440 100-26403 - 440 $7,200 ENVIRONMENTAL ASSESSMENT: This project is exempt under CEQA Section 15301. ORDINANCE ORDINANCE OF THE TOWN OF LOS GATOS AMENDING DIVISION 6 OF ARTICLE III OF CHAPTER 15 OF THE TOWN CODE LIMITING USE OF STREETS BY PERMIT FEES AND ADOPTING A NEW ARTICLE IX OF CHAPTER 15 ESTABLISHING ROAD IMPACT FEES FOR CONSTRUCTION PROJECTS THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I Section 15.30.505 is hereby amended to read as follows: Sec. 15.30.505. Purpose. The purpose of this division is to regulate heavy or oversized vehicles and hauling activities on Town streets, as a result of construction, grading, excavating or fill operations, SECTION II Section 15.30.515 is hereby amended to read as follows Sec. 15.30.515. Heavy vehicles defined. For the purpose of this division, "heavy vehicles" shall be defined as vehicles that exceed the maximum limits specified by article-6 1 of chapter 5, division 15 of the California Vehicle Code, commencing at section 35780 350. SECTION III Section 15.30.520 is hereby amended to read as follows: Sec. 15.30.520. Regulated activity defined. For the purposes of this division, "regulated activity" shall be defined as: Hauling; gx or (b) The movement of a heavy vehicle, or ATTACHMENT 1 pexafion ter movement o ve tele 00- of v gle Qr spec# obt e 444t-::'* Ot a s e e ee:0ding th0 44r ur x s.0•0c £ied r e 41lf©00 ............................. �hclirc er:tron car movemetit;f aNehttle.<zg aaad ditued z Vehtcl s on 3 780; ................................................ .. .............................................. ............................................... SECTION IV Section 15.30.525 is hereby amended to read as follows: Sec. 15.30.525. Application for permit. Any person desiring to undertake a regulated activity as defined in section 15.30.520 within the Town, shall file an application for a permit to do so with the Town Engineer, except as specifically exempted pursuant to section 15.30.432, o :,the fora utzd in the manner prescribed by the Califdrnta Department of Transportatran pursuant to Vehicle Code sect au 357 1, or should no such form have been p ' Set the application shall set forth the following information: (a) A full identification, and the residence and business address of the applicant, including all members of any firm or partnership, and the president and secretary of any corporation applying; if the applicant is the agent or employee of any person for whose benefit the permit is requested, this fact, with the full identification of such person and his business and residence address. (b) The facts constituting the necessity for the regulated activity. (c) The amount of material expected to be hauled, in tons. (d) The dates on which the regulated activity is intended to be commenced and completed, and the times of day during which the regulated activity is intended to be done. (e) The particular streets over which a permit to operate is requested. (f) The time interval between vehicles and the number of vehicles per hour, which will travel over the route for which the permit is applied. (g) The location of the place or places of delivery of the heavy vehicle or materials;; provided, however, that if delivery of materials is to be made in small quantities to numerous places, a general description satisfactory to the Town Engineer of the locations of the contemplated deliveries will be sufficient. (h) A specific description of the vehicle or vehicles and load to be operated or moved. (i) Whether such permit is requested for a single trip or for continuous operation. (j) Such further information as the Town Engineer may require. SECTION IV Section 15.30.530 is hereby amended to read as follows: Sec. 15.30.530. Permit fee. (a) As a condition to the issuance of a permit, the permittee shall pay to the Town ...................... at the office of the Town Engineer a fee for the issuance privilege of said permit in an amount hereinafter specified, which amount shall be considered as a liquidated sum in in said permit. It is found upon investigation that payment of said sum is necessary to resulting to the street(s) from such regulated activity; and by reason of the difficulty in computing such damages, the hereinafter specified amount is found in advance to be reasonable compensation for the use of said street(s) as a condition of such regulated (b) The fee for the issuance of each permit shall be_ferty- e sarue as ithe: fee charged by the CaliforniaI epartrn nt of T anspor a ox end 'listed ' in 21 ! ; Iif rni ;bode ;: of Regulations §1411.3. > (c) computing the fee Sgecia1 services required for evaluatin app catzo for :and super.sing unus €alit' large or heavy loads, such a engineering investigation�s,:escorts, fires trunrnzng, and arbdrist evaluations. ball be billed separately for each permit ;yin an °actual cost last ,. (d) cents ($0.10) per each one hundred twenty five (125) pounds for each one half (1/2) mile of distance (or portion thereof) specified undcr the permit Notwithstanding the foregoing, no fees shall be charged for the first twenty thousand five hundred (20,500) pounds (excluding vehicle weight) of material to be hauled pursuant to a permit. (- No application for a permit for a regulated activity shall be subdivided to avoid payment of a fee or any other requirements of this division, and ;the fees es abljsFlo d. this division shall bei' in d tion, to any other traffic mitigation orroad impact fees>tha_t tray a.................................................................................................................................................................................................................................................. pply to the €underlying project and in dition: adto apgl cable State �r other local agency fee. Section 15.30.535 is repealed. Section 15.30.540 is repealed. SECTION V SECTION VI SECTION VIII A new Article IX of Chapter 15 is adopted as follows: ARTICLE IX. MITIGATION OF ROAD IMPACTS CAUSED BY CONSTRUCTION PROJECTS Sec. 15.90.010 Purpose. The Town Council finds that the roads of this community were built under a variety of standards and under a variety of agencies. Many of the Town's streets have little base and limited overlay with restricted drainage systems and were never intended to support heavy vehicles or loads. Construction projects have had a serious adverse effect on the Town's street system, and it is only fair and just that there should be an equitable contribution to repair streets that are damaged by hauling and deliveries done in connectio with these projects. Because the effects of these projects can be spread across a large area and the Town does not and cannot have the staff or oversight to identify specific items of damage and construction projects accelerate or begin the deterioration of the street system, it is also fair and just to establish a fee to be collected when permits are issued for construction projects that will be deposited in the street repair funds and used in the areas identified to with the construction project. The amount of each fee collected should be based on an estimate of the weight of the loads to be hauled to or from the project and the weight of heavy vehicles to be used in connection with the project. Sec. 15.90.020. Scope. The Council will, by resolution, establish a fee schedule for fees to be assessed and paid at the time that a permit is issued by the Town for any of the following types of construction: (a) Building permit; or (b) Encroachment permit; or (c) Grading/landscaping permit; or (d) Improvement contract. Sec. 15.90.030. Usage of fees collected. (a) The fees collected under this article will be deposited in fund accounts. These fees will be used for design, construction, and repair of Town streets, and installation of sidewalk curbcut ramps when such a requirement is triggered by the level of work as provided by the Americans with Disabilities Act, within the geographic area of the construction project as provided in the Council resolution establishing the fee schedule. When a boundary so established by resolution is the centerline of a Town street, the fees affected by the boundary may be used on either side of the street for the length affected by the centerline boundary. (b) The Town Director of Building & Engineering Services will make recommendations for expenditures of the fees collected under this Article as part of the annual Town Capital Improvement Program. SECTION IX This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on , 1994 and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on , 1994. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: All EST: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\ATY\HAULING2.ORD ORDINANCE ORDINANCE OF THE TOWN OF LOS GATOS AMENDING DIVISION 6 OF ARTICLE III OF CHAPTER 15 OF THE TOWN CODE LIMITING USE OF STREETS BY PERMIT FEES AND ADOPTING A NEW ARTICLE IX OF CHAPTER 15 ESTABLISHING ROAD IMPACT FEES FOR CONSTRUCTION PROJECTS THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I Section 15.30.505 is hereby amended to read as follows: Sec. 15.30.505. Purpose. The purpose of this division is to regulate heavy or oversized vehicles and hauling activities on Town streets. SECTION II Section 15.30.515 is hereby amended to read as follows Sec. 15.30.515. Heavy vehicles defined. For the purpose of this division, "heavy vehicles" shall be defined as vehicles that exceed the maximum limits specified by article 1 of chapter 5, division 15 of the California Vehicle Code, commencing at section 35550. SECTION III Section 15.30.520 is hereby amended to read as follows: Sec. 15.30.520. Regulated activity defined. For the purposes of this division, "regulated activity" shall be defined as: (a) Hauling; or (b) The movement of a heavy vehicle; or (c) Operation or movement of vehicle or combination of vehicles or special mobile equipment of a size exceeding the maximum specified in the California Vehicle Code; or (d) Operation or movement of a vehicle carrying a load as defined in Vehicle ATTACHMENT 2 Code section 35780.5. SECTION IV Section 15.30.525 is hereby amended to read as follows: Sec. 15.30.525. Application for permit. Any person desiring to undertake a regulated activity as defined in section 15.30.520 within the Town, shall file an application for a permit to do so with the Town Engineer, except as specifically exempted pursuant to section 15.30.432, on the form and in the manner prescribed by the California Department of Transportation pursuant to Vehicle Code section 35781, or should no such form have been prescribed, the application shall set forth the following information: (a) A full identification, and the residence and business address of the applicant, including all members of any firm or partnership, and the president and secretary of any corporation applying; if the applicant is the agent or employee of any person for whose benefit the permit is requested, this fact, with the full identification of such person and his business and residence address. (b) The facts constituting the necessity for the regulated activity. (c) The amount of material expected to be hauled, in tons. (d) The dates on which the regulated activity is intended to be commenced and completed, and the times of day during which the regulated activity is intended to be done. (e) The particular streets over which a permit to operate is requested. (f) The time interval between vehicles and the number of vehicles per hour, which will travel over the route for which the permit is applied. (g) The location of the place or places of delivery of the heavy vehicle or materials; provided, however, that if delivery of materials is to be made in small quantities to numerous places, a general description satisfactory to the Town Engineer of the locations of the contemplated deliveries will be sufficient. (h) A specific description of the vehicle or vehicles and load to be operated or moved. (i) Whether such permit is requested for a single trip or for continuous operation. (j) Such further information as the Town Engineer may require. SECTION IV Section 15.30.530 is hereby amended to read as follows: Sec. 15.30.530. Permit fee. (a) As a condition to the issuance of a permit, the permittee shall pay to the Town at the office of the Town Engineer a fee for the issuance of said permit in an amount hereinafter specified. (b) The fee for the issuance of the same as the fee charged by the California Department of Transportation and listed in 21 California Code of Regulations §1411.3. (c) Special services required for evaluating applications for and supervising unusually large or heavy loads, such a engineering investigations, escorts, tree trimming, and arborist evaluations, shall be billed separately for each permit on an actual cost basis. (d) No application for a permit for a regulated activity shall be subdivided to avoid payment of a fee or any other requirements of this division, and the fees established by this division shall be in addition to any other traffic mitigation or road impact fees that may apply to the underlying project and in addition to any applicable State or other local agency fee. Section 15.30.535 is repealed. Section 15.30.540 is repealed. SECTION V SECTION VI SECTION VIII A new Article IX of Chapter 15 is adopted as follows: ARTICLE IX. MITIGATION OF ROAD IMPACTS CAUSED BY CONSTRUCTION PROJECTS Sec. 15.90.010 Purpose. The Town Council finds that the roads of this community were built under a variety of standards and under a variety of agencies. Many of the Town's streets have little base and limited overlay with restricted drainage systems and were never intended to support heavy vehicles or loads. Construction projects have had a serious adverse effect on the Town's street system, and it is only fair and just that there should be an equitable contribution to repair streets that are damaged by hauling and deliveries done in connection with these projects. Because the effects of these projects can be spread across a large area and the Town does not and cannot have the staff or oversight to identify specific items of damage and construction projects accelerate or begin the deterioration of the street system, it is also fair and just to establish a fee to be collected when permits are issued for construction projects that will be deposited in the street repair funds and used in the areas identified to with the construction project. The amount of each fee collected should be based on an estimate of the weight of the loads to be hauled to or from the project and the weight of heavy vehicles to be used in connection with the project. Sec. 15.90.020. Scope. The Council will, by resolution, establish a fee schedule for fees to be assessed and paid at the time that a permit is issued by the Town for any of the following types of construction: (a) Building permit; or (b) Encroachment permit; or (c) Grading/landscaping permit; or (d) Improvement contract. Sec. 15.90.030. Usage of fees collected. (a) The fees collected under this article will be deposited in fund accounts. These fees will be used for design, construction, and repair of Town streets, and installation of sidewalk curbcut ramps when such a requirement is triggered by the level of work as provided by the Americans with Disabilities Act, within the geographic area of the construction project as provided in the Council resolution establishing the fee schedule. When a boundary so established by resolution is the centerline of a Town street, the fees affected by the boundary may be used on either side of the street for the length affected by the centerline boundary. (b) The Town Director of Building & Engineering Services will make recommendations for expenditures of the fees collected under this Article as part of the annual Town Capital Improvement Program. SECTION IX This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on , 1994 and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on , 1994. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\ATY\HAULING3.ORD DEPARTMENT OF BUILDING SERVICES FEES (Proposed fee added to Town fee Structure) 8. ROAD IMPACT FEES New Building Construction/Additions: Commercial Residential Pools/Spas/Water Features Alterations/Remodels/Repairs Landscape/Grading/Encroachment N:\B&E\SCOMI IAULORD. FEE $.12 per square foot $.09 per square foot $. 1 5 per square foot $.03 per square foot $1.00 per cubic yard in excess of 15 cubic yards ATTACHMENT 3 ATTACHMENT 4 June 6, 1994 Los Gatos, California FEES AND CHARGES CONT. Motion by Mrs. Benjamin, seconded by Mr. Blanton, to delete the $250 appeal fee from the new schedule. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, to delete the tree removal permit fee from the schedule. This to be done to encourage participation in the tree preservation program and alleviate circumvention of the process. This should encourage discussion with the town arborist on the policies of the town tree program and educate those who are requesting tree removals. Carried by a vote of 4 ayes. Mrs. Lubeck voted no. Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, to remove the Historic Preservation Committee fee from the fee schedule. Historic preservation is encouraged in town and the additional fee could be viewed as an obstruction to preservation but the non fee will show the town's support and encouragement of preservation principles. Only the normal construction fees of any other home should apply to the historic structures. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-76 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONTINUING CERTAIN DEPARTMENTAL FEES, RATES AND CHARGES, AND AMENDING CERTAIN FEES, RATES AND CHARGES, and incorporating the previous decisions. Carried unanimously. VERBAL COMMUNICATIONS Hillside Water: Jo Bartlett, College Ave, spoke of sufficient water for the hillsides in consideration of hillside fire hazards. Stated that the water company should pay for the improvements. CAPITAL IMPROVEMENT PROGRAM/1994-1999/RESOLUTION 1994-77 (22.06) Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1994-77 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING 1994-99 CAPITAL IMPROVEMENT PROGRAM. Carried unanimously. PARKING CONTROL/DOWNTOWN/REVENUE POTENTIAL (23.41) Council consensus to place this question on the town's financial forum July 23rd at St. Mary's and to accept report on downtown parking control and revenue potential. Carried unanimously. Susan Strehlow, Chamber of Commerce, asked for some additional time to approach the Chamber membership regarding this proposal. RESTAURANTS/OUTDOOR SEATING AREAS/RESOLUTION 1994-78 (25.47) Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1994-78 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING STANDARDS FOR OUTDOOR RESTAURANT SEATING. Carried unanimously. ROAD IMPACT FEE/HEAVY VEHICLE PERMIT FEE/ORDINANCE INTRODUCTION (26.05) Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, to waive the reading of the Draft Ordinance. Carried unanimously. The Town Clerk read the Title of the Draft Ordinance. TC: D6: M M060694 6 June 6, 1994 Los Gatos, California ROAD IMPACT FEES CONT. Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING DIVISION 6 OF ARTICLE III OF CHAPTER 15 OF THE TOWN CODE LIMITING USE OF STREETS BY PERMIT FEES AND ADOPTING A NEW ARTICLE IX OF CHAPTER 15 ESTABLISHING ROAD IMPACT FEES FOR CONSTRUCTION PROJECTS. Carried unanimously. HISTORIC PRESERVATION ZONE/FILING FEES (27.15) This item was removed from the agenda for clarification of wording to coincide with Council's action earlier on Item 21. Fees can be imposed when the Historic Overlay Zone requires an Architecture & Site Review but not simply because it has to go to the Historic Preservation Committee. STREET BANNER POLICY/SIGNS (27A.46) Motion by Mr. Attaway, seconded by Mrs. Lubeck, to continue this item to July 13, 1994. Carried unanimously. The following people addressed this item: Susan Strehlow, speaking for the Chamber of Commerce, requested permission to place a welcome sign for the Brazilian World Cup Soccer Team at Saratoga and North Santa Cruz intersection, explaining that the merchants in the vicinity had signed a petition and that American Savings Bank has agreed to pay for the banner. Marilyn Johnson, Vice -President and Branch Manager of American Savings Bank, suggested the size and content of the proposed banner. Council requested issues of banner placement to be discussed with the next report, along with the mechanics of hanging and method of financing the processing of the banners and their maintenance and removal. PUBLIC SAFETY SERVICES/AB 2788/OPPOSITION (09.09) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council authorize the Mayor to send a letter to members of the State Assembly opposing AB 2788 (Willie Brown) which would require maintenance of effort for public safety services. Carried unanimously. SECURITY SERVICE/CONTEMPORARY SERVICES CORP/BRAZILIAN TEAM (13.09) Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council ratify agreement with Contemporary Services Corporation (CSC) to provide security service in support of the Brazilian World Cup Soccer Team. Carried unanimously. COUNCIL MEETING RESCHEDULED (28.10) Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, to reschedule June 20, 1994 Council meeting to June 27, 1994, with the comment that the budget will be adopted at this meeting and it is the last meeting of the fiscal year to be able to take action. Carried unanimously. Larry Anderson, Town Attorney, noted that there is a public hearing already scheduled for June 21st. Mr. Pattos will have to expressly consent to the extension of the hearing according to the Subdivision Map Act. TC: D6: MM060694 7