Item 22 Staff Report Consideration of Adopting a Resolution Revising Town-Wide Traffic Impact Mitigation Fees (Continues from 11/18/91, 7/20, 9/8, 11/2/92, 2/1, and 3/1/93).7C
COUNCIL AGENDA
DATE: 4/5/93
ITEM NO. aoi
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: March 31, 1993
TO: MAYOR AND TOWN COUNCIL
FROM: TOWN MANAGER
SUBJECT: CONSIDERATION GF ADOPTING A RESOLUTION REVISING TOWN -WIDE TRAFFIC
IMPACT MITIGATION FEES (CONTINUED FROM 11/18/91, 7/20, 9/8, 11/2/92, 2/1,
AND 3/1/93).
RECOMMENDATION:
1. Re -open the public hearing;
2. Close the public hearing;
3. Adopt Resolution amending traffic impact mitigation fees and superseding Resolution 1990-144.
BACKGROUND:
On March 1, 1993, Council continued this matter to April 15, 1993, to allow the Chamber of Commerce time
to analyze the new fees as to their impact in the future uses decided for the Route 85 area. Town staff has
been meeting with the legislative committee of the Chamber of Commerce for several months regarding this
and other issues, culminating in the committee endorsement of the proposed new resolution with one
recommended change.
The Chamber of Commerce recommends that the fee for medical office use be approximately the same with
the adoption of the new resolution as it is under the current fee schedule. Pursuant to that recommendation,
the proposed new resolution (Attachment 1) provides that the fee for medical office use be calculated at
$600 per ADT for the first (10) trips and $120 per ADT thereafter.
(Continued on Page 2)
PREPARED BY: LEE E. BOWMAN
PLANNING DIRECTOR
LEB: JPG:cs 3/31/93 9:19 am
C31\CNCLRPTS\MITFEE.TRF File 9
ATTACHMENT: Resolution amending traffic impact mitigation fees and superseding Resolution 1990-144
DISTRIBUTION: Beverly Bryant, NAIOP, Silicon Valley Chapter, P. O. Box 24399, San Jose 95154-4399
Reviewed by:
Attorney
COUNCIL ACTION/ACTION DIRECTED TO:
finance Treasurer
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPTION OF RESOLUTION REVISING TOWN -WIDE TRAFFIC IMPACT MITIGATION FEES
March 30, 1993
CONCLUSION:
Chapter 15 of the Town Code, the "Town of Los Gatos Traffic Impact Mitigation Fee Ordinance," established
Town -wide traffic impact mitigation fees within the traffic improvement area defined as the Town limits.
Section 15.70.030 of this Chapter established the method of determining the "unadjusted fee," and allowed
the Town to make adjustments to the fee to make the fee reflect more accurately the inter -relationships
between the land use category, traffic impacts, transportation improvement costs, the Town's General Plan
and other factors.
Furthermore, as required in Section 15.70.035 of the Town Code, the specific amount of the Traffic Impact
Mitigation Fees shall be established by resolution, and shall be subject to periodic review by the Town
Council.
Adopting the proposed fee resolution (Attachment 1) is consistent with the objectives of the Town Code,
and the fee amount of the proposed formula would be equal to or less than the nexus.
FISCAL IMPACT:
Adopting the proposed fee resolution may result in a slight increase in revenue. The new fee resolution
will increase the fee for most non-residential projects under 3,000 square feet, and decrease the fee for some
non-residential projects with more than 3,000 square feet of floor area. However, the increase in revenue
will depend on the number and type of projects ultimately approved, which cannot be determined at this
time. Further, projects which would be assessed these fees might also be conditioned to construct public
improvements, reducing the need for future capital expenditures.
ENVIRONMENTAL ASSESSMENT:
Adopting this resolution is a project as defined under CEQA but has been found to have no possible
significant effect. A Notice of Exemption will not be filed. This project is exempted because this Agency
has determined that the activity is covered by the general rule whereby CEQA applies only to projects with
the potential to cause a significant environmental effect.
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AMENDING TRAFFIC IMPACT MITIGATION FEES AND
SUPERSEDING RESOLUTION 1990-144
RESOLVED, the Town Council hereby establishes a traffic impact fee payable
pursuant to Chapter 37 of the Town Code as follows:
A. The fee for residential uses shall be calculated at $600 per ADT*.
B. The fee for medical office use shall be calculated at $600 per ADT* for the
first ten (10) trips and $120 per ADT* thereafter.
C. The fee for all other uses shall be calculated at $600 per ADT* for the first
ten (10) trips and $60 per ADT* thereafter.
D. Exhibit A (Town Trip Generation Rates table) and Exhibit B (Land Uses
Covered by Fee Categories) are included herewith and made a part of this
resolution. For a use not identified on Exhibit A or Exhibit B, the most
similar use from the Land Use table and Trip Generation Rates table
(example: type of merchandise, operation, or service provided) will be used
to calculate the fee.
E. 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. The exempted fees will be
made up from other sources of revenue. Traffic mitigation fees paid by other
developers will not be used to subsidize the exempted projects. Each year the
Town will identify how much money is to be allocated in the Capital
Improvement Program for traffic improvement projects. Additional revenue
sources will be identified to cover exempted fees.
F. Traffic credit may be granted for an existing or former use. When applicable,
existing or former use traffic (ADT*) shall be subtracted from the project
C31 \RESOS\IMPACT
traffic prior to calculating the fee. The first ten trips of the difference will
be charged at the higher $600 per trip rate.
*ADT is defined as the number of average daily trips associated
with an identified land use as determined or derived from the
Town of Los Gatos Trip Generation Rates table or a traffic study
approved by the deciding body - whichever is less.
FURTHER RESOLVED, the Town Council hereby establishes a policy to encourage
development that reduces traffic congestion and improves air quality in the Town. The
Santa Clara County Congestion Management Program recognizes three strategies that can
be used to accomplish these goals. They are: mixed -use development (which increases
internal trips), a strong transportation demand management (TDM) program, and
development near transit stations. Implementation of these three strategies will cause a
reduction in vehicle trips generated by development projects. Projects which incorporate
these strategies into their design may take credit for the expected vehicle trip reductions
caused by the strategy. The vehicle trip reduction standards listed in Section 2.13 of the
Transportation Impact Analysis Methodology, prepared by Wilber Smith Associates for the
Santa Clara County Congestion management Program, shall be applied to all development
projects within the Town.
FURTHER RESOLVED, this Resolution supersedes Resolution No. 1990-144.
C31\RESOS\IMPACT
1
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the day of 1993, by the following vote.
TOWN COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
A 1"1'EST:
MAYOR OF THE TOWN OF LOS GATOS
CLERK OF THE TOWN OF LOS GATOS
C31\RESOS\IMPACT 3
TOWN OF LOS GATOS
TRIP GENERATION RATES
A.M. P 1•I.
USE A.D.T. PEAK PEAK
Single FarniIy Detached (1) 9.74 0.77 1.01
Planned Unit Development (1) 6.98 0.50 0.64
Residential Condominium /Townhouse (1) 6.62 0.54 0.70
Retirement Community (1) 3.55 0.27 0.34
Apartment (1) 6.14 052 • 0.64
Mobile Home Park (1) 5.18 0.43 0.62
Congregate Care Facility (1) 2.08 0.06 0.17
Restaurant (Quality) 9733 0.96 7.82
Restaurant (Fast food drive-thru) 639.86 41.78 44.17
Restaurant (Fast food no drive-thru) 786.22 37.93 42.34
Restaurant (High turnover, sit-down) 212.92 19.85 16.76
Auto Sales (Dealer & Repair) 45.14 2.59 3.31
Auto Repair Center 40.00 2.00 254
Building Materials/Lumber Yard . , 30.39 2.11 3.16
Convenience Market/7-11 Store 676.66 55.73 50.64
Discount Store 66.18 1.10 630
General Merchandise Store 35.80 4.20
Garden Nursery 34.11. 1.25 3.87
Hardware/Paint Store 51.43 1.44 4.86
Service Station (2) 131.50 9.27 1539
Shopping Center (up to 10,000 s.f.) 143.80 4.50 14.17
Shopping Center (10,000 to 50,000 s.f.) 89.18 2.16 9.55
Shopping Center (50,000 to 100,000 s.f.) 7834 1.62 656
Speciality Retail Center/commercial shops 4034 135 4.05
Supermarket 127.95 2.01 13.00
Corporate Office (single user) 8.14 1.49 1.45
General Office (up to 10,000 s.f.) 21.60 3.00 2.88
General Office (10,000 to 25,000 s.f.) 18.73 2-70 2.63
General Office (25,000 to 50,000 s.f.) 17.26 232 2.24
Medical Office 4239 2.85 454
Bank (Drive-thru) 232.61 10.58 31.82
Bank -m) 14854 5.45 16.98
Savings & Loan (Drive-thru) 7236 L00 8.51
Savings & Loan (Walk-in) 60.50 L27 537
Motel 9.46 0.69 0.72
Bus Depot 25.00 2.25
Movie Theater (multi -plea) 6.27
78.90 023 6.27
Industrial/Business Park
General Jlilt Industry (no commercial)
D V07:\Reports\LG-TRIPS.XLS
12.79 L77 153
729 0.90 L10
EXHIBIT A
Page 1 10/14/91 10:59
TOWN OF LOS GATOS
TRIP GENERATION RATES
A.M. P.M.
USE A.D.T. PEAK PEAK
Warehousing 537 0.66 0.99
Mini -warehouse (storage) 2.47 0.14 0.24
Day Care Center 74.63 13 54 14.08
High School (4) 1.36 0.35 0.14
Church/Synagogue 12.16 0.67 0.96
Nursing Home (3) 2.73 0.17 0.21
Hospital (3) 1335 1.44 1.44
(1) Per Dwelling Unit
(2) Per Pump
(3) Per Bed
(4) Per student
NOTE: Unless otherwise noted, trip generation rates are
based upon 1,000 square feet of gross floor area.
Trip generation rates used in the Transportation Impact Analysis Methodology
shall be from the most recent version of the Institute of Transportation
Engineers' "Trip Generation Manual". In special cases (such as for unique
land uses), trip generation rates from other sources may be substituted for ITE
rates with CMA staff approval. Other sources include: Caltrans' "Trip
Generation Studies", SANDAG "Traffic Generators Manual". Trip generation
rates may be developed explicitly for use in Town Traffic studies and in the
Transportation Impact Analysis Methodology. If special trip generation rates
are developed, techniques in the TTE's "Manual of Traffic Engineering
Studies" should be used.
D V07:\Reports \LG-TRIPS.XLS
Page 2 10/14/9110:59
LAND USES COVERED BY FEE CATEGr 'TES
CATEGORY SUB -CATEGORY USES
RESIDENTIAL RESIDENTIALApartment
COMMERCIAL
RESTAURANTS
RETAIL
OFFICE
SERVICES
LODGING
Li 3\XLS\LANDUSE.XLS
Congregate Care Facility
Mobile Home Park
Planned Unit Development
Residential Condominium
Retirement Community
Sinale Family Detached
Delicatessen
Fast Food Restaurant
High Turn -over, Sit-down Restaurant
Ice Cream/Yogurt Shop
Quality Restaurant
Apparel Shop
Auto Farts Sales
Auto Dealer (New and/or Used Car Sales and Service)
Auto Repair Shop
Bar/Lounge
Building Materials/Lumber Yard
Car Wash
Convenience Market
Discount Store
Furniture Store
General Merchandise Store
Nursery/Garden Center
Retail Outlets
Service Station
Shopping Center
Specialty Stores
Specialty Retail Center
Supermarket
Tires, Batteries, and Accessories Store
Truck Stop
Video Arcade
Video Movie Rental Store
Wholesale Market
Page 1 of 2
General Office
Government Office/Civic Center
Insurance Office
Lending Agency
Medical Office
Office Parks
Real Estate Office
State Motor Vehicle Department
U.S. Post Office
Banks/Financial Institutions
Financial/Lending Institutions
Insurance Building
Stockbroker
Bed and Breakfast
Hotel
Motel
Resort Hotel
EXHIRJT 8
8/12/91 10:31 AM
I " ND USES COVERED BY FEE CATEG 1ES
::CATEGORY
su8_eATECORY
COMMERCIAL TRANSPORTATION
RECREATION
INDUSTRIAL/ J BUSINESS PARKS
AGRICULTURE
WAREHOUSE/
MANUFACTURING
AGRICULTURE
INSTITUTIONAL I CHILD CARE
1 �tsEs
IBus Depot
Park and Ride Facility
Amusement Park
Bowling Alley
Golf Course
Health Club
Indoor Sports Center
Live Theatre
Movie Theatre
Music Theatre
Outdoor Sports Complex
Park
Stadium
Swim/Racquet Club
'Hater Slide Park
Business Park
High Tech Industrial
Industrial Park
Industrial Bldg. (including light and heavy industry)
R & D Centers
Utilities
Page 2 of 2
Manufacturing
Public Storage Facility
Warehousing
Agribusiness
Greenhouse
Orchard
Row Crops
EDUCATIONAL
RELIGIOUS
HOSPITAL CONVALESCENT
HOSPITAL
GENERAL
HOSPITAL
Day Care Center
Elementary School
High School
Junior/Community College
University
Church
Synagogue
Temple
Convalescent Hospital
NursingHome
All other Hospitals, including Emergency/Outpatient and
Hospital Clinics
NOTE Same of the uses listed in this table may not be applicable to the Town of Los Gatos.
L13\XLS\LANDUSE.XLS
8/12/91 10:31 AM
April 5, 1993
Los Gatos, California
PUBLIC URINATION/DEFECATION/TOWN CODE AMENDMENT/ORDINANCE 1935 (21.46)
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Ordinance 1935 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS ADDING ARTICLE VII. SECTIONS 18.80.010
AND 18.80.020 TO CHAPTER 18 OF THE TOWN CODE PROHIBITING PUBLIC
URINATION OF DEFECATION. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent.
HEARINGS
TRAFFIC IMPACT MITIGATION FEES/HEARING (22.46)
Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider
adoption of resolution revising Town -Wide Traffic Impact Mitigation Fees.
The following person spoke to this issue.
Laura Litzinger, 14260 Mulberry Drive, representative for NAIOP, an association for commercial
real estate spoke against the changes in traffic fees and would like to see the elimination of all
traffic fees. The organization would much prefer to see the fees be set on trip estimation rather
than on square footage.
No one else from the audience spoke to this subject.
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council close the public hearing. Carried
by a vote of 4 ayes. Mr. O'Laughlin was absent.
Council comments:
Mayor Benjamin proposed no change in fees for a year.
Mr. Blanton spoke about the discouraging aspect of prohibitive fees for small businesses.
Mrs. Lubeck agreed to waiting a year to consider what might be equitable but at the same time
not anti -business.
Mr. Attaway would like to consider ways to support business, not discourage it.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council not amend traffic impact
mitigation fees at this time, but Council will reconsider this subject before budget hearings next
year. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent.
GENERAL PLAN AMENDMENT/GP-92-4A/ZONE CHANGE/Z-92-4/HEARING (23.46)
Consider an amendment to the Land Use Element of the General Plan and to change the zoning
designation of 15680 and 15690 Winchester Boulevard currently single-family dwellings from
Office Professional to Single-family Residential 0 to 5 units per acre (R-1:8000), General Plan
Amendment GP-92-4A, Zone Change Z-92-4 and Negative Declaration ND-92-2. No significant
environmental impacts have been identified and a Negative Declaration is recommended.
Applicant, Town of Los Gatos.
The following person spoke to this issue:
Thomas Wallace, 15680 Winchester Blvd., also speaking for Orison Wallace, requested zoning
remain as it is and that no change be made to this area. No one else addressed this issue.
TC: D5: MM040593
4