Item 25 Staff Report Consider Adoption of Resolution Revising Town-Wide Traffic Impact Mitigation Fees. (Continued from November 18, 1991 and July 20, 1992).COUNCIL AGENDA
DATE: 9/8/92
ITEM NO.
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: August 28, 1992
TO: MAYOR AND TOWN COUNCI
FROM: TOWN MANAGER
SUBJECT: CONSIDER ADOPTION OF RESOLUTION REVISING TOWN -WIDE TRAFFIC IMPACT
MITIGATION FEES. (CONTINUED FROM NOVEMBER 18, 1991 AND JULY 20, 1992.)
RECOMMENDATION:
Adopt resolution amending traffic impact mitigation fees which supersedes resolution 1990-144. (The public
hearing on this matter has been closed and does not need to be reopened unless additional public testimony
is necessary.)
DISCUSSION:
On July 20, 1992, the Town Council directed staff to amend the resolution establishing the Town -wide Traffic
Impact Mitigation Fees so that the fee can be paid by the Town in certain instances. The Council wanted
to waive payment of the traffic impact fee for the Rankin Block which raised legal issues. Rather than amend
the fee resolution, staff is recommending that the traffic impact fee for the Rankin Block be paid at the time
of occupancy and that a Rehabilitation Grant and Loan Program be developed by the Redevelopment
Advisory Committee. This type of program is consistent with the Redevelopment Plan and would enable the
Redevelopment Agency to provide loans and grants to owners of earthquake damaged buildings requiring
major repair or reconstruction. The Town could make a loan to the Redevelopment Agency to fund this
program initially so qualified property owners could apply for loans and grants immediately.
PREPARED BY: LEE E. BOWMAN
PLANNING DIRECTOR
LEB:BL:lkj:lkj Revised: B/28/92 1:45 pm
L30\cnclrpts\rehab.tc File #
Reviewed by:
Attorney Clerk Finance Treasurer
COUNCIL ACTION/ACTION DIRECTED TO:
September 8, 1992
Los Gatos, California
HEARINGS
TRAFFIC IMPACT MITIGATION FEES/SUPERSEDES RESOLUTION 1990-144/HEARING (cont.
from 11/18/91 and 7/20/92) (25.39)
Mayor Carlson stated that this was the time and place duly noted for public hearing to consider
adoption of resolution revising Town -wide traffic mitigation fees.
The following persons from the audience spoke regarding this subject:
Mr. Joe Hargett, 95 Church Street, President of the Los Gatos Downtown Association is
concerned about how the fees will be used, what they will be applied to once collected, whether
they are refundable, and will they be prorated. Mr. Harget questioned how it would apply if he
expanded a 1200 foot specialty retail store, given the fees that are in place today, compared to
the fees which Council is considering adopting tonight. He calculated that if he where to expand
from 1200 sq. feet and change the use from "specialty retail" to 600 feet in a restaurant, the
current fee would be $2520.00 after credits. If Council adopts the changes tonight, the fee cost
for "specialty retail" would be $11,640.00. If he had a 2000 square foot restaurant, the fee today
would be $8400.00. However, under the new fee schedule it would be $26,100.00 which is a
300% increase. He is concerned about the economics of doing business in the Town of Los
Gatos and the signal the fees would send to new businesses thinking of locating in Los Gatos.
He is also concerned about the impact it would have in the Downtown Association's efforts to
promote and develop downtown as a vital retail area.
Mr. Ventura indicated that during an informal meeting with staff, a separate category for
restaurants was discussed and wondered if it was consistent with the concerns that Mr. Hargett
has voiced.
Mr. Hargett felt that it would be helpful to break it at a square footage or geographic area. He
indicated that it was difficult to explain to any one how the Town was going to mitigate traffic
with the fees. He also still questions where is the money going, how is it going to be used.
Mr. Attaway questioned staff as to the problems and changing definitions. Mr. Bowman
indicated that it was difficult to support any change with the statistics available at this time.
No one else wished to speak to this matter at this time.
Motion by Mrs. Benjamin, seconded by Mr. Blanton to close the Public Hearing. Carried
unanimously.
Mr. Ventura proposed that a particular size would get the same characteristics as specialty retail
in order to use that element of the table or that Council consider extending the table by adding
a new category.
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