Item 34 Staff Report Consideration of Adoption of Resolution Approving Revisions to Town-Wide Traffic Impact Mitigation FeesCOUNCIL AGENDA
DATE: 11/18/91
ITEM NO.
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: November 13, 1991
TO: MAYOR AND TOW COUNCI
FROM: TOWN MANAGER
SUBJECT: CONSIDERATION OF ADOPTION OF RESOLUTION APPROVING REVISIONS TO
TOWN -WIDE TRAFFIC IMPACT MITIGATION FEES
RECOMMENDATION:
1. Hold the public hearing;
2. Close the public hearing;
3. Adopt the attached resolution (Attachment 1).
DISCUSSION:
On August 5, 1991 the Council accepted the recommendation of the Planning Commission and adopted a
revised traffic impact policy. At that time the revisions to the mitigation fees and method of computation
were still pending before the General Plan Committee. For that reason, the Council acted on the policy and
delayed action on the fee schedule.
This report now contains the recommendation of the General Plan Committee which has been incorporated
into the recommendation of the Planning Commission. On October 9, 1991 the Planning Commission
unanimously forwarded this recommendation for adoption to the Council. As part of the Commission's
action, the Commission recommended that the fee ordinance (Exhibit D) be modified to require an annual
expenditure report. If the Council concurs, an ordinance amendment will be prepared. However, it is felt
that this report can be required by Council as an administrative procedure item without amending the
ordinance.
This proposed resolution incorporates one provision which was previously recommended by the Planning
Commission but not incorporated into the draft schedule reviewed by them. This provision relates to
exempting traffic impact fees for low, very low, and moderate income residents. While this exemption will
reduce the amount of mitigation fees collected for Town wide traffic improvements, these amounts will be
made up from other sources such as gas tax and/or general fund revenues. In this way, the entire
community is supporting the housing program and other developers fees are not being used as a subsidy
for the exempted fees. The Town will keep track of the exempted fees and annually report how much has
been covered by other sources.
(Continued on Page 2)
t�1 e1 e.„
PREPARED BY: LEE E. BOWtN —�t
PLANNING DIRECTOR 1'
LEB:DRR:1kj
L19\cnclrpts\mitgtn. fes
ATTACHMENTS: See page 2 for list of attachments.
Reviewed by: i/L,L, Attorney Clerk
Finance Treasurer
11/13/91 1:14 pm
File #
COUNCIL ACTION/ACTION DIRECTED TO:
t
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: CONSIDERATION OF REVISIONS TO TOWN -WIDE TRAFFIC IMPACT MITIGATION FEES
November 13, 1991
A full discussion of the Planning Commission recommendation is contained in the General Plan Committee
report to the Commission (Attachment 2).
FISCAL IMPACT:
There will be some increases in the amount of mitigation fees collected. However, these increases will
depend upon the number and type of projects ultimately approved, and which cannot be determined at this
time.
ATTACHMENTS:
1. Resolution as recommended by Planning Commission.
2. General Plan Committee report to Planning Commission with Exhibits A through E dated October 7,
1991.
3. Minutes of Planning Commission meeting of October 9, 1991.
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
ADOPTING TRAFFIC IMPACT MITIGATION FEES
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 all other uses shall be calculated at $600 per ADT* for the first
ten (10) trips and $60 per ADT* thereafter.
C. Attachment 1 (Town Trip Generation Rates table) and Attachment 2 (Land
Uses Covered by Fee Categories) are included herewith and made a part of
this resolution. For a use not identified on Attachment 1 or Attachment 2,
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.
D. The Town Council may exempt low income 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.
*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.
L19\cncl rpts\m itgtn.fes
E. 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
traffic prior to calculating the fee.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the day of 91, by the following vote.
TOWN COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
MAYOR OF THE TOWN OF LOS GATOS
CLERK OF THE TOWN OF LOS GATOS
L19\cnclrpts\mitgtn.fes 2
I
USE
TOWN OF LOS GATOS
TRIP GENERATION RATES
A.M. P.M.
A.D.T. PEAK PEAK
Single Family Detached (1)
Planned Unit Development (1)
Residential Condominium /Townhouse
Retirement Community (1)
Apartment (1)
Mobile Home Park (1)
Congregate Care Facility (1)
Restaurant (Quality)
Restaurant (Fast food drive-thru)
Restaurant (Fast food no drive-thru)
Restaurant (High turnover, sit-down)
(1)
9.74 0.77 1.01
6.98 0.50 0.64
6.62 0.54 0.70
3.55 0.27 0.34
6.14 0.52 0.64
5.18 0.43 0.62
2.08 0.06 0.17
9733 0.96 7.82
639.86 41.78 44.17
786.22 37.93 4234
212.92 19.85 16.76
Auto Sales (Dealer & Repair) 45.14 2.59 331
Auto Repair Center 40.00 2.00 2.54
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 6.30
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.) 78.34 1.62 5.97
Speciality Retail Center/commercial shops 40.34 135 4.05
Supermarket 127.95 2.01 13.00
Corporate Office (single user)
General Office (up to 10,000 s.f.)
General Office (10,000 to 25,000 s.f.)
General Office (25,000 to 50,000 s.f.)
Medical/Dental Office
8.14 1.49 1.45
21.60 3.00 2.88
18.73 2.70 2.63
17.26 232 2.24
4239 2.85 4.54
Bank (Drive-thru) 232.61 10.58 31.82
Bank (Walk-in) 148.54 5.45 16.98
Savings & Loan (Drive-thru) 72.36 1.00 8.51
Savings & Loan (Walk-in) 60.50 1.27 537
Motel 9.46 0.69 0.72
Bus Depot 25.00 2.25 2.00
Movie Theater (multi-plex) 78.90 0.23 6.27
Industrial/Business Park
General Light Industry (no commercial)
12.79 1.77 1.53
7.29 0.90 1.10
DV02:\Reports\LG-TRIPS.XLS Page 1
ATTACHMENT
AC.itq fE1gR.
10/4/91 10:59 f
r
TOWN OF LOS GATOS
USE
TRIP GENERATION RATES
A.M. P.M.
A.D.T. PEAK PEAK
Warehousing
Mini -warehouse (storage)
Day Care Center
High School (4)
Church/Synagogue
Nursing Home (3)
Hospital (3)
537 0.66 0.99
2.47 0.14 0.24
74.63 13.54 14.08
136 0.35 0.14
12.16 0.67 0.96
2.73 0.17 0.21
1335 1.44 1.44
NOTE: Unless otherwise noted, trip generation rates are
based upon 1,000 square feet of gross floor area.
(1) Per Dwelling Unit
(2) Per Pump
(3) Per Bed
(4) Per student
D V02: \Reports\LG-TRIPS.?QS
Page 2 10/4/91 10:59
LAND USES COVERED BY FEE CATEGORIES
Page 1 of 2
ATEG Y.:<.:::::
;::SUEt• CATEGO Y . ...:
.: U.SES.:.:..;......
RESIDENTIAL
RESIDENTIAL
Apartment
Congregate Care Facility
Mobile Home Park
Planned Unit Development
Residential Condominium
Retirement Community
Single Family Detached
COMMERCIAL
RESTAURANTS
Delicatessen
Fast Food Restaurant
High Turn -over, Sit-down Restaurant
Ice Cream/Yogurt Shop
Quality Restaurant
RETAIL
Apparel Shop
Auto Parts 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
OFFICE
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
SERVICES
Banks/Financial Institutions
Financial/Lending Institutions
Insurance Building
Stockbroker
LODGING
Bed and Breakfast
Hotel
Motel
Resort Hotel
L13\XLS\LANDUSE.XLS
T €�,s1 v E .! 210/25/91 1:57 PM
LAND USES COVERED BY FEE CATEGORIES
Page 2 of 2
::; ATE:
.... .*. Rif .....:..:....:::
IE : ::::>:::<:><:«:::::::::r:E;<E:3::z:'•s:r::>::;:>:::z:.>:::s:::>:::
TRANSPORTATION
Bus Depot
Park and Ride Facility
RECREATION
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
Water Slide Park
INDUSTRIAL/
AGRICULTURE
BUSINESS PARKS
Business Park
High Tech Industrial
Industrial Park
Industrial Bldg. (including light and heavy industry)
R & D Centers
Utilities
WAREHOUSE/
MANUFACTURING
Manufacturing
Public Storage Facility
Warehousing
AGRICULTURE
Agribusiness
Greenhouse
Orchard
Row Crops
INSTITUTIONAL
CHILD CARE
Day Care Center
EDUCATIONAL
Elementary School
High School
Junior/Community College
University
RELIGIOUS
Church
Synagogue
Temple
HOSPITAL
CONVALESCENT
HOSPITAL
Convalescent Hospital
Nursing Home
GENERAL
HOSPITAL
All other Hospitals, including Emergency/Outpatient and
Hospital Clinics
NOTE: Some of the uses listed in this table may not be applicable to the Town of Los Gatos.
L13\XLS\LANDUSE.XLS
10/25/91 1:57 PM
REPORT TO:
FROM:
SUBJECT:
FINDINGS:
EXHIBITS:
RECOMMENDATION
SUMMARY:
Date: October 7. 1991
For Agenda Of: October 9, 1991
Agenda Item: 9
The Planning Commission
General Plan Committee
Town -wide Traffic Impact Mitigation Fees
None Required.
A.
B.
C.
D.
E.
Resolution 1990-144 adopting the current fee schedule.
General Plan Committee recommended fee resolution.
Engineering Department recommended fee resolution.
Ordinance 1828 establishing traffic impact mitigation fee policy.
Resolution 1991-174 concerning the current Traffic Impact Policy.
Recommendation to Town Council for adoption.
A. BACKGROUND:
At their meeting of September 11, 1991, the General Plan Committee approved a motion recommending that
the Planning Commission forward the attached resolution establishing a formula for calculating traffic impact
mitigation fees to the Town Council for approval (Exhibit B).
The Committee also directed staff to include a second resolution, supported by the Engineering Department,
(Exhibit "C") which would establish a fee schedule based upon the General Plan Committee's formula.
B. DISCUSSION:
The General Plan Committee supports the adoption of a formula based on net increase in ADT to calculate
traffic impact mitigation fees. The Committee believes that this is the simplest means of ensuring that the
fees will increase in proportion to the increase in traffic and that traffic credit would be granted based on the
number of trips generated by the previous use. Additionally, the Committee determined that periodic fee
increases are inevitable and could be more easily updated by using a formula. Applicants or developers
would have the option of requesting that a traffic study be developed (at their expense) if they do not agree
with the Town's determination of how much traffic is generated by the proposed project.
Town Engineering Department staff supports the use of a fee schedule rather than using a formula tied to
average daily trips (ADT). The practice of calculating fees from a prescribed formula can lead to
unnecessary or extraneous discussions with developers on the validity of the trip generation rates developed
for their projects, which increases the application processing time. The "fee by formula" determination may
also place the Planning Commission and/or Town Council in the role of referee with regard to disputes and
appeals by applicants or developers who challenge the Town established trip generation rates and
characteristics.
C. RECOMMENDATION:
That the Planning Commission recommend that the Town Council adopt either:
1. The resolution recommended by the General Plan Committee (Exhibit B), or
2. The resolution recommended by Engineering staff (Exhibit C).
Lee E. Bowman, Planning Director 02
Prepared by: John P. Givlin & Barry Abe, Engineering Department
LEB:JPG:BA:Ikj
Tr A r,t ENT 2 1
L16\reports\trip.mit
RESOLUTION 1990-144
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
ADOPTING TRAFFIC IMPACT MITIGATION FEES
RESOLVED, the Town Council hereby establishes a traffic impact fee payable
pursuant to Chapter 37 of the Town Code as follows:
LAND USE
Residential
Single Family Detached
Apartment/two-family/
Multi -Family
Condominium/Townhouse
(Planned Unit Development)
Mobile Home
Retail/Office
Retail & Commercial
Restaurant
Office
Industrial
Warehousing &
General Light Industry
Outdoor Activities
Hospitals
Convalescent Hospitals
& Congregate Care Facility
General Hospitals
UNIT
Dwelling Unit S 5,922
Dwelling Unit S 3,662
Dwelling Unit S 3,972
Dwelling Unit S 3,108
1,000 sq. ft.
1,000 sq. ft.
1,000 sq. ft.
1,000 sq. ft.
Ac.
Bed
Bed
S 4,200
S 8,400
S 4,200
S 3,800
S 1,000
S 1,443
S 3,200
Ord•Reso•Resos\Fees.Trf
1
EXHIBIT 'A'
FURTHER RESOLVED, fees are collected by the Engineering or Building
Department, as applicable.
FURTHER RESOLVED, this Resolution supersedes Resolution No. 1988-2.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos held on the 2nd day of July, 1990 by the following vote:
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Robert L. Hamilton, Mayor Thomas J. Ferrito
NAYS: Brent N. Ventura, Eric D. Carlson
ABSENT: None
ABSTAIN: None
SIGNED: /s/ Thomas J. Ferrito
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
A I"I EST:
s/s Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Ord-Reso\Resos\Fees.Trf
2
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
ADOPTING TRAFFIC IMPACT MITIGATION FEES
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 all other uses shall be calculated at $600 per ADT* up to ten (10)
trips plus $60 per ADT* thereafter.
C. Attachment 1 (Town Trip Generation Rates table) and Attachment 2 (Land
Uses Covered by Fee Categories) are included herewith and made a part of
this resolution. For uses not identified on Attachment 1 or Attachment 2, the
most related use(s) from the Land Use table and Trip Generation Rates
table will be used to calculate the fee.
D. The Town Council may exempt low income housing developments from all
or a portion of the traffic impact mitigation fee upon making a finding of
community benefit.
E. 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
traffic prior to calculating the fee.
*ADT is defined as the average daily traffic 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.
EXHIBIT 'B'
Lt 7\resos\trfmtg
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the day of 91, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
A 1"1 EST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
L17\resos\trfmtg 2
USE
TOWN OF LOS GATOS
TRIP GENERATION RATES
A.M. P.M.
A.D.T. PEAK PEAK
Single Family 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 0.27 034
Apartment (1) 6.14 0.52 0.64
Mobile Home Park (1) 5.18 0.43 0.62
Congregate Care Facility (1) 2.08 0.06 0.17
Restaurant (Quality)
Restaurant (Fast food drive-thru)
Restaurant (Fast food no drive-thru)
Restaurant (High turnover, sit-down)
9733 0.96 7.82
639.86 41.78 44.17
786.22 37.93 4234
212.92 19.85 16.76
Auto Sales (Dealer & Repair) 45.14
Auto Repair Center 40.00
Building Materials/Lumber Yard 30.39
Convenience Market/7-11 Store 676.66
Discount Store 66.18
General Merchandise Store 35.80
Garden Nursery 34.11
Hardware/Paint Store 51.43
Service Station (2) 131.50
Shopping Center (up to 10,000 s.f.) 143.80
Shopping Center (10,000 to 50,000 s.f.) 89.18
Shopping Center (50,000 to 100,000 s.f.) 78.34
Speciality Retail Center/commercial shops 40.34
Supermarket 127.95
2.59
2.00
2.11
55.73
1.10
1.25
1.44
9.27
4.50
2.16
1.62
1.35
2.01
3.31
2.54
3.16
50.64
6.30
4.20
3.87
4.86
15.39
14.17
9.55
5.97
4.05
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/Dental Office 42.39 2.85 4.54
Bank (Drive-thru)
Bank (Walk-in)
Savings & Loan (Drive-thru)
Savings & Loan (Walk-in)
232.61
148.54
72.36
60.50
10.58
5.45
1.00
1.27
31.82
16.98
8.51
5.37
Motel 9.46 0.69 0.72
Bus Depot 25.00 2.25 2.00
Movie Theater (multi-plex) 78.90 0.23 6.27
Industrial/Business Park
General Light Industry (no commercial)
D V02: \Reports\LG-TRIPS.XIS
12.79 1.77 1.53
7.29 0.90 1.10
Page 1
ATTACHMENT '1'
10/4/91 10:59 AM
USE
TOWN OF LOS GATOS
TRIP GENERATION RATES
A.M. P.M.
A.D.T. PEAK PEAK
Warehousing
Mini -warehouse (storage)
Day Care Center
High School (4)
Church/Synagogue
Nursing Home (3)
Hospital (3)
5.37 0.66 0.99
2.47 0.14 0.24
74.63 13.54 14.08
1.36 0.35 0.14
12.16 0.67 0.96
2.73 0.17 0.21
1335 1.44 1.44
NOTE: Unless otherwise noted, trip generation rates are
based upon 1,000 square feet of gross floor area.
(1) Per Dwelling Unit
(2) Per Pump
(3) Per Bed
(4) Per student
D V 02: \Reports\LG-TRIPS.XIS
Page 2 10/4/91 10:59 AM
LAND USES COVERED BY FEE CATEGOh,=S
Page 1 of 2
CATEGORY
SUB -CATEGORY
USES
RESIDENTIAL
RESIDENTIAL
Apartment
Congregate Care Facility
Mobile Home Park
Planned Unit Development
Residential Condominium
Retirement Community
Single Family Detached
COMMERCIAL
RESTAURANTS
Delicatessen
Fast Food Restaurant
High Turn -over, Sit-down Restaurant
Ice Cream/Yogurt Shop
Quality Restaurant
RETAIL
Apparel Shop
Auto Parts 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
OFFICE
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
SERVICES
Banks/Financial Institutions
Financial/Lending Institutions
Insurance Building
Stockbroker
LODGING
Bed and Breakfast
Hotel
Motel
Resort Hotel
L13\XLS\LANDUSE.XLS
8/12/91 10:31 AM
ATTACHMENT '2'
LAND ...SES COVERED BY FEE CATEGORIES
Page 2 of 2
CATEGORY
SUB -CATEGORY'
USES
COMMERCIAL
TRANSPORTATION
+Bus
Depot
Park and Ride Facility_
RECREATION
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
Water Slide Park
INDUSTRIAL/
AGRICULTURE
BUSINESS PARKS
Business Park
High Tech Industrial
Industrial Park
Industrial Bldg. (including light and heavy industry)
R & D Centers
Utilities
WAREHOUSE/
MANUFACTURING
Manufacturing
Public Storage Facility
Warehousing
AGRICULTURE
Agribusiness
Greenhouse
Orchard
Row Crops
INSTITUTIONAL
CHILD CARE
Day Care Center
EDUCATIONAL
Elementary School
High School
Junior/Community College
University
REUG1OUS
Church
Synagogue
Temple
HOSPITAL
CONVALESCENT
HOSPITAL
Convalescent Hospital
Nursing Home
GENERAL
HOSPITAL
All other Hospitals, including Emergency/Outpatient and
Hospital Clinics
NOTE: Some 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
RESOLUTION
RESOLUTION OF THE TOWN OF COUNCIL
OF THE TOWN OF LOS GATOS
ADOPTING TRAFFIC IMPACT MITIGATION FEES
RESOLVED, the Town Council hereby establishes a traffic impact mitigation fee
payable pursuant to Chapter 37 of the Town Code as follows:
A. The fee for all applicable land uses shall be determined from the schedule
below.
B. Attachment 1 (Town Trip Generation Rates table) and Attachment 2 (Land
Uses Covered by Fee Categories) are included herewith and made a part of
this resolution. For uses not identified on Attachment 1 or Attachment 2, the
most related use(s) from the Land Use table and Trip Generation rates table
will be used to calculate the fee.
C. The Town Council may exempt low income housing developments from all
or a portion of the traffic impact mitigation fee upon making a finding of
community benefit.
D. Traffic credit may be granted for an existing or former use. When applicable,
existing or former use traffic will be credited from the schedule below.
LAND USE
RESIDENTIAL
UNTT FEE
Single Family Detached Dwelling Unit $5,844 per Dwelling Unit
Planned Unit Development Dwelling Unit $4,188 per Dwelling Unit
Condominium Dwelling Unit $3,972 per Dwelling Unit
Apartment Dwelling Unit $3,684 per Dwelling Unit
Mobile Home Park Dwelling Unit $3,108 per Dwelling Unit
Retirement Community Dwelling Unit $2,130 per Dwelling Unit
Congregate Care Facility Dwelling Unit $1,247 per Dwelling Unit
L 17\ resos\i m pact.f ee
EXHIBIT 'C'
LAND USE
COMMERCIAL
Fast Food Restaurant
High Turn -over,
Sit-down Restaurant
Quality Restaurant
UNIT
Square Feet
Square Feet
Square Feet
Auto Dealer (New and/or Square Feet
Car Sales and Service)
Auto Repair Shop Square Feet
COMMERCIAL
FEE
$8,220 for the first 50 sq. ft.
or fraction thereof
$47,170 per 1,000 sq. ft. thereafter
$6,038 for the first 50 sq. ft.
or fraction thereof
$12,684 per 1,000 sq. ft. thereafter
$5,821 for the first 100 sq. ft.
or fraction thereof
$5,838 per 1,000 sq. ft. thereafter
$6,000 for the first 222 sq. ft.
fraction thereof
$2,708 per 1,000 sq. ft. thereafter
$6,000 for the first 250 sq. ft.
or fraction thereof
$2,419 per 1,000 sq. ft. thereafter
Building Materials/ Square Feet $6,000 for the first 330 sq. ft.
Lumber Yard or fraction thereof
$1,824 per 1,000 sq. ft. thereafter
Convenience Market Square Feet $7,420 for the first 50 sq. ft.
or fraction thereof
$40,598 per 1,000 sq. ft. thereafter
Discount Store Square Feet $6,000 for the first 150 sq. ft.
or fraction thereof
$3,970 per 1,000 sq. ft. thereafter
Nursery/Garden Center Square Feet $6,000 for the first 293 sq. ft.
or fraction thereof
$2,046 per 1,000 sq. ft. thereafter
Service Station (Pump) $13,314 for the first pump
$7,886 per pump thereafter
L17\resos\impact.fee 2
LAND USE UNIT FEE
Shopping Center Square Feet $6,000 for the first 70 sq. ft.
or fraction thereof
$8,628 per 1,000 sq. ft. thereafter
Specialty Retail Center Square Feet $6,000 for the first 250 sq. ft.
or fraction thereof
$2,419 per 1,000 sq. ft. thereafter
Supermarket Square Feet $6,000 for the first 78 sq. ft.
or fraction thereof
$7,677 per 1,000 sq. ft. thereafter
General Office Square Feet $6,000 for the first 462 sq. ft.
or fraction thereof
$1,296 per 1,000 sq. ft. thereafter
Medical/Dental Office Square Feet $6,000 for the first 235 sq. ft.
or fraction thereof
$2,543 per 1,000 sq. ft. thereafter
Banks Square Feet $6,000 for the first 67 sq. ft.
or fraction thereof
$8,912 per 1,000 sq. ft. thereafter
Savings and Loan Square Feet $6,000 for the first 165 sq. ft.
or fraction thereof
$3,630 per 1,000 sq. ft. thereafter
Motel Dwelling Unit $5,760 for the first dwelling unit
$576 per dwelling unit thereafter
Bus Depot Square Feet $6,000 for the first 400 sq. ft.
or fraction thereof
$1,500 per 1,000 sq. ft. thereafter
Movie Theatre (Multiplex) Square Feet $6,000 for the first 126 sq. ft.
or fraction thereof
$4,734 per 1,000 sq. ft. thereafter
L17\resos\impact.fee 3
LAND USE UNIT
INDUSTRIAL/AGRICULTURE
Industrial/Business Park Square Feet
Industrial Bldg.
(incl. light industry)
Public Storage Facility
Warehousing
INSTITUTIONAL
Day Care
High School
Church/Synagogue
HOSPITAL
FEE
$6,000 for the first 780 sq. ft.
or fraction thereof
$768 per 1,000 sq. ft. thereafter
Square Feet $6,000 for the first 1,370 sq. ft.
or fraction thereof
$438 per 1,000 sq. ft. thereafter
Square Feet $6,000 for the first 4,048 sq. ft.
or fraction thereof
$148 per 1,000 sq. ft. thereafter
Square Feet $6,000 for the first 1,862 sq. ft.
or fraction thereof
$322 per 1,000 sq. ft. thereafter
Square Feet $6,000 for the first 133 sq. ft.
or fraction thereof
$4,478 per 1,000 sq. ft. thereafter
Per Student $5,712 for the first 7 students
$82 per student thereafter
Square Feet $6,000 for the first 822 sq. ft.
or fraction thereof
$730 per 1,000 sq. ft. thereafter
Nursing Home Bed $1,639 per bed to three
$1,137 for the fourth bed
$164 per bed thereafter
Hospital
Bed $6,201 for the first bed
$801 per bed thereafter
L17\resos\i mpact.fee
4
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the day of 1991, by the following vote.
PLANNING COMMISSION MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
A 1'1'EST:
MAYOR OF THE TOWN OF LOS GATOS
CLERK OF THE TOWN OF LOS GATOS
L17\resos\impact.fee 5
USE
TOWN OF LOS GATOS
TRIP GENERATION RATES
A.M. P.M.
A.D.T. PEAK PEAK
Single Family Detached (1)
Planned Unit Development (1)
Residential Condominium /Townhouse (1)
Retirement Community (1)
Apartment (1)
Mobile Home Park (1)
Congregate Care Facility (1)
Restaurant (Quality)
Restaurant (Fast food drive-thru)
Restaurant (Fast food no drive-thru)
Restaurant (High turnover, sit-down)
9.74
6.98
6.62
3.55
6.14
5.18
2.08
0.77
0.50
0.54
0.27
0.52
0.43
0.06
1.01
0.64
0.70
0.34
0.64
0.62
0.17
97.33 0.96 7.82
639.86 41.78 44.17
786.22 37.93 42.34
212.92 19.85 16.76
Auto Sales (Dealer & Repair) 45.14
Auto Repair Center 40.00
Building Materials/Lumber Yard 30.39
Convenience Market/7-11 Store 676.66
Discount Store 66.18
General Merchandise Store 35.80
Garden Nursery 34.11
Hardware/Paint Store 51.43
Service Station (2) 131.50
Shopping Center (up to 10,000 s.f.) 143.80
Shopping Center (10,000 to 50,000 s.f.) 89.18
Shopping Center (50,000 to 100,000 s.f.) 78.34
Speciality Retail Center/commercial shops 40.34
Supermarket 127.95
2.59
2.00
2.11
55.73
1.10
1.25
1.44
9.27
4.50
2.16
1.62
1.35
2.01
3.31
2.54
3.16
50.64
6.30
4.20
3.87
4.86
15.39
14.17
9.55
5.97
4.05
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/Dental Office 42.39 2.85 4.54
Bank (Drive-thru) 232.61 10.58 31.82
Bank (Walk-in) 148.54 5.45 16.98
Savings & Loan (Drive-thru) 72.36 1.00 8.51
Savings & Loan (Walk-in) 60.50 1.27 5.37
Motel 9.46 0.69 0.72
Bus Depot 25.00 2.25 2.00
Movie Theater (multi-plex) 78.90 0.23 6.27
Industrial/Business Park
General Light Industry (no commercial)
12.79 1.77 1.53
7.29 0.90 1.10
DV02:\Reports \LG-TRIPS.XLS Page 1
ATTACHMENT '1'
10/4/91 10:59 AM
USE
TOWN OF LOS GATOS
TRIP GENERATION RATES
A.M. P.M.
A.D.T. PEAK PEAK
Warehousing
Mini -warehouse (storage)
Day Care Center
High School (4)
Church/Synagogue
Nursing Home (3)
Hospital (3)
5.37 0.66 0.99
2.47 0.14 0.24
74.63 13.54 14.08
1.36 0.35 0.14
12.16 0.67 0.96
2.73 0.17 0.21
1335 1.44 1.44
NOTE: Unless otherwise noted, trip generation rates are
based upon 1,000 square feet of gross floor area.
(1) Per Dwelling Unit
(2) Per Pump
(3) Per Bed
(4) Per student
D V02:\Reports\LG-TRIPS.XLS
Page 2 10/4/91 10:59 AM
,ND USES COVERED BY FEE CATEGL..,IES
Page 1 of 2
CATEGORY
SUB -CATEGORY
USES
RESIDENTIAL
RESIDENTIAL
Apartment
Congregate Care Facility
Mobile Home Park
Planned Unit Development
Residential Condominium
Retirement Community
Single Family Detached
COMMERCIAL
RESTAURANTS
Delicatessen
Fast Food Restaurant
High Turn -over, Sit-down Restaurant
Ice Cream/Yogurt Shop
Quality Restaurant
RETAIL
Apparel Shop
Auto Parts 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
OFFICE
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
SERVICES
Banks/Financial Institutions
Financial/Lending Institutions
Insurance Building
Stockbroker
LODGING
Bed and Breakfast
Hotel
Motel
Resort Hotel
L13\XLS\LANDUSE.XLS
8/12/91 10:31 AM
ATTACHMENT '2'
LAND _,3ES COVERED BY FEE CATEGORIE;.
Pace 2 of 2
CATEGORY
SUB -CATEGORY
USES
COMMERCIAL
TRANSPORTATION
Bus Depot
Park and Ride Facility
^RECREATION
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
Water Slide Park
INDUSTRIAL/
AGRICULTURE
BUSINESS PARKS
Business Park
High Tech Industrial
Industrial Park
Industrial Bldg. (including light and heavy industry)
R & D Centers
Utilities
WAREHOUSE/
MANUFACTURING
Manufacturing
Public Storage Facility
Warehousing
AGRICULTURE
Agribusiness
Greenhouse
Orchard
Row Crops
INSTITUTIONAL
CHILD CARE
Day Care Center
EDUCATIONAL
Elementary School
High School
Junior/Community College
University
RELIGIOUS
Church
Synagogue
Temple
HOSPITAL
CONVALESCENT
HOSPITAL
Convalescent Hospital
Nursing Home
GENERAL
HOSPITAL
All other Hospitals, including Emergency/Outpatient and
Hospital Clinics
NOTE: Some 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
ORDINANCE 1828
ORDINANCE OF THE TOWN OF LOS GATOS
ADDING CHAPTER 37 TO THE TOWN CODE OF
THE TOWN OF LOS GATOS
ESTABLISHING TRAFFIC IMPACT MITIGATION FEES
The Town Council of the Town of Los Gatos does hereby ordain:
SECTION I
Chapter 37 of the Town Code of the Town of Los Gatos is hereby enacted and
added to read as follows:
CHAPTER 37
TRAFFIC IMPACT MITIGATION FEES
ARTICLE I
TITLE, PURPOSE AND GENERAL PROVISIONS
Section 37.01.010 Traffic Impact Mitigation Fees.
This chapter shall be known as the "Town of Los Gatos Traffic Impact Mitigation
Fee Ordinance" and may be so cited.
Section 37.01.015 Purpose.
(a) The Town Council finds that all new development and expansion of
uses contribute to cumulative traffic impacts. These impacts are difficult to measure
and mitigate on a project -by -project basis, yet are cumulatively measurable and
mitigable. Failure to expand the capacity of the existing circulation system will cause
unacceptable levels of service and congestion on streets and intersections, traffic
accidents, air pollution, noise, and restrictions on access for emergency vehicles.
(b) The Town Council finds that the purpose of the Traffic Impact
Mitigation Fee is to assure that each new development or expansion of use pays its
fair share of the transportation improvements needed to accommodate the
cumulative traffic impacts. Existing and known future sources of revenue are
inadequate to fund a substantial portion of the transportation improvements
necessary to avoid unacceptable levels of service, congestion, and related adverse
impacts.
(c) The Town Council declares the Traffic Improvement area shall be the
Town limits to finance transportation improvements where such improvements have
been identified by the Town's General Plan and any applicable Specific Plan.
(d) The Town Council has determined that Traffic Impact Mitigation Fees
are necessary in order to finance transportation and traffic improvements within the
Traffic Improvement area.
OrdRes\Ords\Chap.37
EXHIBIT 'D'
(e) In establishing the fees described in this chapter, the Town Council has
found that these fees will replace the Intersection Capacity In -lieu fees and median
island fees.
Section 37.01.020 General Provisions.
This Chapter establishes cumulative Traffic Impact Mitigation Fees through
assessments on new developments and expansion of uses authorized through the approval
of minor land divisions, major subdivisions, building permits, and all zoning approvals in the
Town of Los Gatos. This chapter further provides for the establishment of trust funds to
receive the revenues collected by the Town, and authorizes the Council to establish the
inventory of capital improvement facilities for which funds may be expended and the
amount of fees to be assessed, subject to periodic review.
ARTICLE II
DEFINITIONS
Section 37.02.010 Definitions.
(a) "Future growth" shall mean the level of future development anticipated
in the Town of Los Gatos consistent with the General Plan and any applicable
Specific Plan and shall be expressed as the difference between the existing and
potential land use within the Town. Both the existing and potential land use data
shall be used to estimate the number of trips arriving and/or leaving from various
planning areas within the Town through the use of a "trip generation rate."
(b) 'Trip generation rate" shall mean the number of vehicle trips over a
weekday 24-hour period generated by a particular type of land use and shall be
expressed in terms of the number of acres or square feet of land for each land use
category. The Town Engineer may exercise reasonable discretion to establish
recommended trip generation rates for land use categories consisting of groupings
of land uses having similar use and functional characteristics. When the trip
generation rate is multiplied by the amount of land, the number of trips, both
incoming and outgoing, shall be estimated.
(c) A "vehicle trip end" shall mean an incoming or outgoing trip going to
or coming from anywhere within Los Gatos or outside Los Gatos.
(d) 'Transportation improvements" shall mean those improvements and
related actions necessary to implement the circulation element of the Town's
General Plan and any applicable Specific Plan and shall include and not be limited
to: paving, curb and gutter, sidewalks, medians with landscaping, drainage facilities,
traffic signals, street lighting, signing, striping, noise walls, right-of-way and other
improvements or actions necessary to mitigate significant cumulative traffic impacts.
OrdPes\Ords\Chap.37
2
(e) "Site" shall mean a plot of ground consisting of one or more lots or
parcels on which a common improvement is proposed or exists.
(f) "Use" shall mean the purpose for which a site or structure is arranged,
designed, intended, constructed, erected, moved, altered or enlarged or for which
either a site or a structure is or may be occupied or maintained.
(g) "Building Permit" shall mean the permit issued or required by the Town
for the construction of any structure pursuant to and as defined by the Building
Code.
(h) "Development" shall mean residential or non-residential improvements
on a site.
(i) "Expansion of use" to determine traffic increases shall include any
increase in the number of living units, gross floor area in a non-residential
development and/or any intensification of use which increases trips generated.
(j) "Existing development" shall mean any already existing habitable
residential or non-residential building or projects which rebuild or remodel without
increasing the trips generated. No fee shall be charged for development already
existing.
ARTICLE III
ESTABLISHMENT AND PAYMENT OF FEES
Section 37.03.010 Fee Determination.
(a) The traffic impact mitigation fee shall be based upon the unfunded cost
of the transportation improvements necessary to upgrade the traffic circulation
system as identified in the Town's General Plan. The Traffic/Build-out Analysis
(prepared as a part of the Environmental Impact Report for the Town of Los Gatos'
General Plan dated February 4, 1985, on file with the Planning Department)
identified the projected new vehicle trip ends that will be generated by new growth
occurring at the build -out of the Town in accordance with the existing General Plan.
All of the anticipated trip ends for each land use category were added up to
determine the total number of additional trips that the Town's circulation system
must accommodate consistent with the General Plan.
(b) The traffic impact mitigation fee shall be calculated in accordance with
the following procedure:
OrdRes\Ords\Chap.37
3
(i) The Town Engineer shall determine the estimated cost of the
transportation improvements necessary to implement the circulation element
of the Town's General Plan.
(ii) The Town Engineer may also take into account the relative benefit of
particular transportation improvements to different land uses in order to
allocate the cost of such improvements fairly and equitably among the
different land uses.
(iii) The Town Engineer in conjunction with the Town Finance Manager
shall determine the current and anticipated funding available to pay the costs
of constructing the transportation improvements. In determining the amount
of funding available, the Town Engineer shall include funding from other
governmental entities and Town revenues earmarked for roadway construction
purposes.
(iv) The Town Engineer shall determine the difference between the
estimated costs and the estimated current and anticipated future funding
available to complete the transportation improvements.
(v) The extent to which the estimated cost exceeds the estimated current
and anticipated future funding shall be the unfunded cost of the transportation
improvements to be raised via Traffic Impact Mitigation Fees.
(c) The Town Engineer shall determine the fee for each land use in
accordance with the following procedure:
(i) The fee per vehicle trip end shall be calculated by dividing the
unfunded cost of transportation system improvements by the total number of
trip ends expected to be generated by future growth.
(ii) The unadjusted Traffic Impact Mitigation Fee shall be calculated by
multiplying the fee per trip end by the trip generation rate per land use
category.
(iii) The unadjusted Traffic Impact Mitigation Fee may then be adjusted
by the Town Engineer, in a reasonable exercise of discretion, to make the fee
reflect more accurately the interrelationships between the land use category,
traffic impacts, transportation improvement costs, the Town's General Plan
and any applicable Specific Plan, local and regional social, economic, and
commercial needs and a fair and equitable mitigation fee distribution. In
addition, the Town Council expressly reserves its full legislative discretion to
adjust or categorize the Traffic Impact Mitigation Fees to be assessed to the
maximum extent permitted by law.
(iv) The Town will utilize its best efforts to maintain records for the
purposes of determining credits that may be due to any particular property.
However, except as otherwise specifically provided by law, the ultimate burden
and responsibility for establishing entitlement to any credit shall rest with the
person claiming entitlement to a credit.
Ord Res\Ords\Chap.37
4
(v) Unusual circumstances may result in this policy placing an undue
burden on a developer or landowner. In such cases, the Town reserves the
right to enter into an agreement to deviate from the policy as may be
approved by the Town Council.
Section 37.03.015 Amount and Payment of Fee.
(a) The Town Council shall by resolution, set forth the specific amount of
Traffic Impact Mitigation Fees. These fees are subject to periodic review by the
Town Council.
(b) All projects which are determined by the Town Engineer to have the
potential to generate additional present and future vehicle trips are required to pay
the Traffic Impact Mitigation Fee.
(c) The fee shall be paid in full to the Town Building Department prior
to issuance of the Building Permit for the development. If no Building Permit is
required for a change of use, the fee shall be paid in full prior to issuance of a
Certificate of Use and Occupancy.
(d) No final subdivision map, parcel map or certificate shall be filed for
recording until the Traffic Impact Mitigation Fee has been paid in full.
ARTICLE IV
GENERAL FINANCIAL PROVISIONS
Section 37.04.010 Establishment of Trust Fund.
There is hereby established a special trust fund into which all Traffic Impact
Mitigation Fees, and any interest thereon, collected pursuant to this chapter, shall be
deposited in a separate account in a manner to avoid any commingling of the fees with
other revenues and funds of the Town.
Section 37.04.015 Trust Fund.
Money to be used solely for construction of identified Traffic and Transportation
Improvement Projects.
The monies in the fund shall be eligible for expenditure only for projects related to
mitigating the impacts of new development. These funds can not be used for routine
repairs and maintenance.
Section 37.04.020 Preclusion of Additional Mitigation Measures Not Guaranteed.
This chapter shall not preclude the imposition of additional mitigation measures to
address significant direct impacts of any development or expansion of use, or to address
otherwise unfunded transportation improvements, nor shall this chapter preclude adoption
of statement of overriding considerations where desirable and appropriate.
OrdRes\Ords\Chap.37
5
SECTION II
This Ordinance establishing the Town of Los Gatos Traffic Impact Mitigation Fees
was developed based on the "Traffic Build -Out Analysis" which was included as part of the
Environmental Impact Report prepared for the 1985 General Plan. The "Traffic Build -
Out Analysis" was prepared to assess the environmental impacts associated with all potential
development allowed by the General Plan. No further environmental review is required
since the environmental impacts associated with buildout have been addressed and no
significant changes have occurred that would require a supplemental environmental analysis.
SECTION III
This ordinance takes effect 30 days after the date it is adopted. Within 15 days after
this ordinance is adopted, the Town Clerk shall cause it to be published once in a
newspaper of general circulation published and circulated in the Town.
OrdRes\Ords\Chap.37 6
This ordinance was introduced at a regular meeting of the Town Council of the
Town of Los Gatos on June 18, 1990, and adopted by the following vote as an Ordinance
of the Town of Los Gatos at a regular meeting for the Town Council on July 2, 1990.
COUNCIL MEMBERS:
AYES:
Joanne Benjamin, Eric D. Carlson, Robert L. Hamilton,
Brent N. Ventura, Mayor Thomas J. Ferrito
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
A 1 1'LST:
CLERK OF -THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
OrdRes\Ords\Chap.37
7
i
A
RESOLUTION 1991-174
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
CONCERNING THE TRAFFIC IMPACT POLICY
WHEREAS, it is the intention of the Town Council of the Town of Los Gatos to
amend the policy requiring developers whose projects are shown to generate additional
traffic in the Town of Los Gatos to establish the community benefits that would result from
the project and to participate in the cost of constructing capacity enhancing and transit
improvement projects to reduce traffic congestion.
RESOLVED, that the Town Council of the Town of Los Gatos does hereby adopt
the Policy Statement as shown on the attached Exhibit "A" as the Town of Los Gatos
Traffic Impact Policy.
FURTHER RESOLVED, this Resolution rescinds Resolution No. 1990-147.
PASSED AND ADOPTED by the Town Council of the Town of Los Gatos at a
regular meeting held this 5th day of August 1991, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton
NAYS: Mayor Brent N. Ventura
ABSENT: Eric D. Carlson
ABSTAIN: None
SIGNED: /vA‘,t
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
A 1 1 EST:
11
CLERK OF THE TOWN OF
LOS GATOS, CALIFORNIA
C9\MISC\TRAFFIC.4
OS GATOS
EXHIBIT 'E'
TOWN OF LOS GATOS
TRAFFIC IMPACT POLICY
A. POLICY STATEMENT
1. The deciding body may approve a project with a minor traffic impact (one or
more and less than five additional AM or PM peak hour trips) subject to
payment of a traffic mitigation fee
2. The deciding body may approve a project with a traffic impact of five to
nineteen additional A.M. or P.M. peak hour trips only if it is determined that
the benefits of the project to the Town outweigh the impact of increased
traffic and subject to payment of a traffic mitigation fee
3. The deciding body may approve a project with twenty or more additional
A.M. or P.M. peak hour trips only if it is determined that the benefits of the
project to the Town outweigh the impact of increased traffic and subject to:
a. preparation of a comprehensive traffic report.
b. Payment of a traffic mitigation fee
c. Payment of a proportionate share of the cost of the construction of
circulation improvements in the immediate area.
4. Where benefits to the Town are required to be shown, applicants shall submit
a letter of justification which clearly states housing or economic benefits
and/or specific sections of the General Plan and any applicable Specific Plan
which show that the type of project will benefit the community (See Section
2.5.6 of the General Plan). The burden of proof of community benefit is on
the applicant.
5. In order to determine if a project will generate additional traffic, the Town
will use composite trip generation rates derived from the following sources
and updated from time to time:
• Institute of Transportation Engineers (ITE)
• San Diego Association of Governments (San DAG)
• California Department of Transportation (CalTrans)
• Other Municipalities such as the City of San Jose
EXHIBIT. A
TRAFFIC IMPACT POLICY
The specific mitigation measure(s) required would be based on the magnitude of the
project's traffic impact which would also establish the procedure for processing the
project as set forth below.
B. REVIEW PROCESS
1. Staff will initially determine whether a proposed project generates a net
increase in traffic. If the project does not generate a net increase in traffic,
the traffic policy does not apply. Therefore, the project will be recommended
for approval or denial based on the merits of the project.
2. If there is a net increase in traffic, staff will review the applicant's proposal
and determine if the project will create minor traffic impacts or major traffic
impacts.
a. Minor traffic impact is defined as one or more and less than twenty
additional AM or PM peak hour trips.
b. Major traffic impact is defined as twenty or more additional AM or PM
peak hour trips.
c. The determination of whether a project has a minor or major traffic
impact is based on a traffic analysis prepared by the Town Engineering
Department based on standardized trip generation rates.
3. If a project is determined to have a major traffic impact, a traffic report shall
be prepared by a private consultant, hired by the Town at the applicant's
expense. The report will include an analysis of generated trips and any linked
trips. If an applicant does not agree with the results of the Town's traffic
analysis or the traffic report prepared by the Town's consultant, the applicant
may have an independent traffic report prepared at the applicant's expense.
4. Projects that generate additional traffic of five or more peak hour trips may
only be recommended for approval if the project's benefits to the community
override the traffic impacts as determined by specific sections of the General
Plan and/or any Specific Plan. If a project generates additional traffic of five
3%HISC1 TRAFFIC. 4..
TRAFFIC IMPACT POLICY
or more peak hour trips the burden is on the applicant to cite economic or
housing benefits to the Town and/or specific sections of the General Plan and
any applicable Specific Plan that demonstrate the project's benefit to the
Community which outweighs the traffic impact. The deciding body must make
specific findings which demonstrate that the benefit(s) of the project outweigh
the impact in order to approve the project.
3. If a project is determined to have a major traffic impact, a traffic report shall
be prepared by a private consultant, hired by the Town at the applicant's
expense. The report will include an analysis of generated trips and any linked
trips.
C. MITIGATION OF TRAFFIC IMPACTS
If a project with a traffic impact is recommended for approval by staff and/or
subsequently approved by the Planning Commission and/or Town Council, traffic
mitigation measures shall be imposed. The traffic mitigation shall be in the form
of an in -lieu traffic impact mitigation fee. The mitigation for projects with major
traffic impacts will be the required payment of a traffic impact mitigation fee and
a proportionate share or construction of intersection and/or roadway improvements
within a specified distance from the project.
D. FEES
Based on a traffic analysis required in A above, any project which is found to cause
a net increase in traffic shall pay a traffic impact mitigation fee, as established by
separate resolution.
The traffic impact mitigation fee and any proportionate share of intersection
improvements shall be due prior to Final Map approval, issuance of a Building
Permit, or occupancy permit as applicable. The traffic impact mitigation fee shall
C9\MISC\TRAFFIC.4
3
TRAFFIC IMPACT POLICY
be used to construct capacity enhancing projects (i.e., signals, street widening, etc.)
that are listed in the Capital Improvement Program and transit improvement projects
that are identified by the Town as a means of reducing traffic congestion.
E. RIGHT TO DEVELOP NOT GUARANTEED
Compliance with the provisions of the Traffic Impact Policy is not to be construed
to be a right of development. The Town specifically retains the right of review and
approval (or denial) of each project based on its merits.
4
C9\MISC\TRAFFIC.4
PLANNING COMMISSION MINUTES --28
October 9, 1991
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ITEM 8
Town -wide Traffic Impact Mitigation Fees
Comm. Abkin: Last year Town Council amended the Traffic Policy to allow the finding of
community benefit plus payment of the Traffic Impact Mitigation Fee, which was a
cumulative town -wide fee, in order to allow projects which would benefit the community
in a way that would out weigh the traffic impact. The fees are an integral part of that,
established by Resolution. The initial resolution adopted last year had a schedule of fee
by use. There was some difficulty in the application of that schedule in that it was not
always fair depending on the particular kind of use that it was. A greater impact use
could pay a smaller fee than another use that had less impact. Council directed staff to
prepare a proposal to address that issue. The General Plan Committee discussed this
issue and prepared a recommendation. Staff also has a recommendation that differs
from that of the General Plan Committee. One proposal is for a formula as opposed to
a schedule. The Committee felt the formula provided for a better nexus between the fee
and the traffic impact and that nexus is a legal requirement. The Committee's
recommendation is that the fee be directly related to traffic, so many dollars per average
daily traffic (ADT). For residential it's $600 per trip; non-residential $600 per trip up to 10
trips and $60 per trip over that. The Committee felt that would be simple to implement
and easy to understand. Staff's concern was that would open us up to debate as to
how many trips the project actually generates. The Committee's response was to let the
applicant do that and give them the opportunity of funding a traffic study through a
Town approved consultant. If that traffic study showed there was less impact because
of the particular nature of their project, as opposed to the standard Trip Generation Rate,
then they pay Tess fee. Staff felt it would be easier to implement and save potential for
." t.C; INIE,NT 3
PLANNING COMMISSION MINUTES —29
October 9, 1991
debate if we had a schedule so all you had was a use and a dollar per unit of that use.
Even though the dollar per unit of that use is calculated consistent with the formula that
we have, it's one step removed from a direct relation to the traffic, so it would remove
some of the possibility for somebody to argue on the traffic impact. I think the staff
recommended schedule is complicated; in terms of legislation the simpler the better.
Comm. Rudolph: If applicant thinks his traffic generation is less than the staff report,
believe the burden of proof is on the applicant. I wouldn't be swayed to accept the
applicant's argument without overwhelming evidence. I'm comfortable with the formula
of the Committee.
Chair O'Laughlin: The applicant could commission his own traffic study if he wanted to
show traffic was less than that shown in the staff report.
Comm. Allmand: Do the fees come out the same'?
Givlin: If you can picture how hard it has been to defend the traffic study for each of the
three items that were very controversial this evening, magnify that when you start talking
about dollars and cents. That's why we prefer a schedule. If we have to defend a
formula and a dollar value and start talking about esoteric things like capturing pass -by
trips, cut through trips, etc., we're subject to a lot of arguments. Yes, the two come out
the same with the one exception that the way you allocate traffic trips is different.
Looking at one schedule or the other the amount paid would be the same within
pennies. But when you allocate traffic credit, with the formula you subtract out the
number of average daily trips from the increaseaand base the fee on that net increase.
Whereas the schedule provides that you give a traffic credit in dollars and subtract that
from the amount you would charge for that new use and the difference would be the fee.
Abkin: That's where we got into trouble with the earlier schedule; why in some cases we
had higher traffic generating projects paying less fees than other ones, because it
depended on what they were getting credited with. Could be a totally different use but if
that use had a particular field that applied to that use it could have been such that the
difference, the net dollars, was no longer reflective of the net traffic. Another problem
with the schedules is, as we update them in the future, the schedule could ea3ily get out
of synch with the underlying cost.of $600 per trip. If that $600 changed then would be
difficult to change the schedule and keep it consistent.
Chair O'Laughlin: Could drive-ins be removed from the trip generation rates? Think
drive-ins should be outlawed.
Ross: You already prohibit drive-in restaurants; you've been consistent in denying any
requests by either restaurants and banks.
Comm. Morgan: With the Committee recommendation the developer can see what the
cost is related to and that it comes from somewhere. With staff recommendation, it's
not apparent where the imposed fee comes from.
Comm. Abkin: Even though drive-ins are outlawed in Town by ordinance, we have to
allow for them. Also, in Exhibit D, the ordinance that established this policy, page 5,
Article 4, General Financial Provisions, it talks about establishing a Trust Fund and how
to manage the Trust Fund, would like to recommend that the Council amend that part of
it to require an annual report of incoming expenditures of this Trust Fund so that the
Planning Commission would have the opportunity to review that annual report. How
much is brought in each year, what traffic and transportation improvement projects used
HUN, H R
ATOS PLANNING CiMMISSIO
PLANNING COMMISSION MINUTES --30
October 9, 1991
expenditures from that fund each year. Think the public has the right to know where
their money is going.
MOTION Comm. Abkin moves, seconded by Comm. O'Laughlin, to recommend that the Council
amend that part of Ordinance 1828 to require an annual report of incoming expenditures
of the Trust Fund so that the Planning Commission would have the opportunity to review
that annual report. How much is brought in each year, what traffic and transportation
improvement projects used expenditures from that fund each year.
Motion passes unanimously, 8-0.
AYES: Commissioners Abkin, Allmand, Grimes, Morgan, O'Laughlin, Roberts, Rudolph
and Whitney-Hafft
NOES: None
ABSTENTIONS: None
ABSENT: Commissioner Chase
MOTION Comm. Grimes moves, seconded by Chair O'Laughlin, to recommend to the Town
Council adoption of the resolution recommended by the General Plan Committee,
Exhibit B of the staff report.
Motion passes unanimously, 8-0.
AYES: Commissioners Abkin, Allmand, Grimes, Morgan, O'Laughlin, Roberts, Rudolph
and Whitney-Hafft
NOES: None
ABSTENTIONS: None
ABSENT: Commissioner Chase
ER BUSfNESS
Chair 'Laughli .djournedhe meeting'at 11:35 '.m. The xt
sch=ruled Pla ing Commssion mee ng will b- eld on 0 ober 23
1
LEE - B
p ,, 'Nr,,gi' e6-23