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Item 22 Staff Report A. Zoning Ordinance Amendment A-91-3 B. Consideration of Amendments to the Town's Traffic ImpactCOUNCIL AGENDA DATE: 8/5/91 ITEM NO. TOWN OF LOS GATOS COUNCIL AGENDA REPORT aa� DATE: August 1, 1991 TO: MAYOR AND TO COUN IL FROM: TOWN MANAGER SUBJECT: A. ZONING ORDINANCE AMENDMENT A-91-3 PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE TOWN ZONING ORDINANCE TO MODIFY SECTION 5.20.230 CONCERNING CONDITIONAL USE PERMIT MODIFICATIONS. B. CONSIDERATION OF AMENDMENTS TO THE TOWN'S TRAFFIC IMPACT POLICY. ENVIRONMENTAL The proposed amendments are not considered projects, and therefore, not subject to ASSESSMENT: the requirements of CEQA pursuant to Section 15378(b) of the State Environmental Guidelines as adopted by the Town. RECOMMENDATION: 1. Open the public hearing and receive public testimony. 2. Close the public hearing. 3. Find that the proposed Zoning Ordinance Amendment is consistent with the General Plan. 4. Waive the reading. 5. Introduce the proposed Zoning Ordinance Amendment. (Attachment 4) 6. Adopt the attached proposed resolution. (Attachment 3). SUMMARY: The proposed zoning ordinance amendment would simplify the definition of intensification of use by defining all increases in peak hour trips of more than five as an intensification of use. Two changes are proposed to the Town's traffic impact policy. The first would raise the threshold between minor and major traffic impacts from 5 to 20 trips to reduce the number of traffic studies now being required. The second wold be to add community economic benefits and additional housing opportunities as findings for approval for any project that will add 5 or more trips. PREPARED BY: LEE E. BOWMAN' PLANNING DIRECTOR (Continued on Page 2) LEB:DRR:lkj 8/1/91 12:38 pm L13\cnclrpts\A-91-3.zo File # ATTACHMENTS: (See Page 2 for list of Attachments) Reviewed by: Attorney Clerk Finance Treasurer COUNCIL ACTION/ACTION DIRECTED TO: f PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: ZONING ORDINANCE AMENDMENT A-91-3 August 1, 1991 DISCUSSION: On June 12, 1991 the Planning Commission reviewed proposed amendments to the Town's traffic impact policy and to the Zoning Ordinance as described in Attachment 1. The policy amendments relate to redefining the trip threshold between minor and major traffic impacts from 5 to 20, and expanding the number of categories for which findings of benefit can be made. The ordinance amendment would revise the Zoning Ordinance to reflect the policy changes contained within. The action of the Commission was to require some format changes as described in the minutes of the hearing (Attachment 2) and then to forward the matter to the Council with a recommendation for approval. These changes have been made and are contained in the revised resolution and policy (Attachment 3). It was originally intended that this policy change would be accompanied by proposed changes in the process for accessing traffic impact fees and the amount of these fees. Revisions to the traffic impact fees are still pending before the General Plan Committee. The Planning Commission will hold its first hearing on this item on September 25th and it is anticipated that it may take several months to bring this matter to the Council. It is recommended that the policy changes contained within this report be acted upon at this time, and that the impact fee increases be considered separately when ready. FISCAL IMPACT: There are several projects pending that are being delayed while these policy changes are being considered. Because of the length of time required to complete traffic reports, approval of these changes would permit these projects to be completed much sooner. Therefore, property tax and sales tax revenues would begin much sooner. ATTACHMENTS: 1. Planning Commission report dated June 7, 1991 with Exhibits A through C attached. 2. Minutes of Planning Commission meeting of June 12, 1991. 3. Revised resolution concerning the traffic impact policy. 4. Draft Ordinance Date: July 26, 1991 For Agenda Of: June 12, 1991 Agenda Item: 11 REPORT TO: The Planning Commission FROM: Lee E. Bowman, Planning Director SUBJECT: a. Zone Ordinance Amendment A-91-3 Public hearing to consider an amendment to the Town Zoning Ordinance to modify Section 5.20.230 concerning Conditional Use Permit modifications. This matter will not have a significant impact on the environment and is, therefore, not subject to the requirements of the California Environmental Quality Act. b. Consideration of amendments to the Town's Traffic Impact Policy. FINDINGS: The Planning Commission must make a finding that the Zoning Ordinance Amendment is consistent with the General Plan if their recommendation is for approval. ACTION: Recommendation to Town Council. ENVIRONMENTAL The proposed amendments are not considered a project and, therefore, not ASSESSMENT: subject to the requirements of CEQA pursuant to Section 15378(b) of the State Environmental Guidelines as adopted by the Town. EXHIBITS: A. Current Resolution concerning the Traffic Impact Policy. B. Proposed Resolution concerning the Traffic Impact Policy. C. Ordinance amending Section 5.20.230 of the Town Zoning Ordinance. RECOMMENDATION Recommendation to Town Council for approval, as specified in the draft SUMMARY: resolution and ordinance. A. BACKGROUND: On July 2, 1990, the Town Council adopted the current Traffic Impact Policy. At the last joint meeting between the Town Council and Planning Commission in January 1991, the need to consider changes to the traffic policy were discussed. There was general agreement at that meeting that the current threshold of five trips used to distinguish a minor from major impact was too low, and that other modifications may be appropriate based on experience using the policy since it adoption. This report sets forth several recommendations in this regard. B. SUMMARY OF EXISTING TRAFFIC IMPACT POLICIES: The current Town policies concerning the relationship of traffic to proposed development are as follows: • Minor traffic impacts are defined as the addition of one to four additional A.M. or P.M. peak hour trips. Projects that fall in this category may be approved without the need for a comprehensive traffic study but subject to the payment of a traffic mitigation fee. In addition, the deciding body must make a finding that "specific sections of the General plan and, any applicable Specific Plan clearly state that the type of project will benefit the community. Included in this category would be the construction of single-family homes and duplexes on existing lots, subdivisions of four lots or less, or minor increases in floor area to non-residential uses. • Major traffic impacts are described as the addition of five or more additional A.M. or P.M. peak hour trips. The deciding body may approve such a project only after the completion of a comprehensive traffic study, and only after making the same finding as before, that specific sections of the General Plan and any applicable Specific Plan clearly state Traffic mitigation that the type of project will benefit the community. In addition, payment of traffic mitigation fees are required. ATTACHMENT 1 The Planning Commission - Page 2 Traffic Policy Amendments June 12, 1991 • In -lieu traffic impact fee dollar amounts are described and assessed for each category of use, based on a unit of measure such as dwelling unit for residential uses, per 1,000 sq. ft. for commercial uses, or beds provided for hospital uses. • A proportionate share of construction of intersection and/or roadway improvements to improve traffic circulation in the immediate vicinity of the project are also required when the appropriate findings can be made. C. REMARKS: In response to the direction provided at the joint meeting, the following modifications are provided for discussion. 1. The minor/major project traffic impact threshold for the preparation of comprehensive traffic studies be changed from five to twenty. When the current traffic policy was being developed, the proposed threshold levels for minor, moderate and major project categories were 0 to 5 A.M. or P.M. peak hour trips as minor, 5 to 20 as moderate, and 21 or more as major project categories respectively. However, prior to adoption, the moderate category was deleted by the Town Council and major projects were defined as 5 or more peak hour trips. Based on the experience of the last ten months, substantial additional staff time is being spent on traffic analysis for projects for which there is very little traffic impact, and with almost no resolution of traffic problems resulting. Therefore, it has been concluded that with the elimination of the moderate traffic impacts category, there should have been an upward adjustment in the minor/major project traffic impact threshold from 5 peak hour trips to a higher number. The specific problems identified with the existing threshold are: a. The current policy of requiring comprehensive traffic studies for projects where the designated trips were five or more has resulted in significant amounts of both Planning and Engineering staff time in administering the traffic report process, preparing and reaching agreement on the scope of work, and reviewing the excessive amounts of data being provided. With the staff reductions mandated by the current budget situation, non development assignments are experiencing extensive delays because of this. b. Traffic reports are now costing the applicants between $4,000 and $7,000. While this is a cost to the applicants and not to the Town, the money spent in these consultant studies does nothing toward solving any traffic problems. While the Town does collect a fee for administering these traffic studies, it still does nothing to resolve the staffing problems identified in the process. c. Such comprehensive traffic reports, while prepared by Town approved traffic engineers and with Town supervision, are extremely difficult for the general public to read and understand, and only deal with such traffic issues on a piecemeal basis: A more realistic solution to this problem would be to insure that the traffic reports prepared for the larger projects deal more adequately with the total area to be impacted. 2. Allow the Planning Commission/Town Council additional discretion to approve a project with major traffic impacts by adding two more categories of findings - community economic benefits or additional housing opportunities. While the existing policy requires a finding of benefit as referenced by a specific section of the general plan or specific plan to approve a project, projects the Town may want or need to approve may not fall within these categories. Examples of these deficiencies are: a. The Town has recently approved the Commercial Specific Plan which contains a number of policies to promote balanced residential and economic growth based on findings made of community benefit. However, this plan is not a specific plan under State law and the policies approved cannot be implemented under the existing traffic policy. The Planning Commission - Page 3 Traffic Policy Amendments June 12, 1991 b. There are no provisions for considering projects that are outside the scope of the General Plan or Hillside Specific Plan. For example, there are several hillside subdivisions in the Shannon Road/Blossom Hill Road area that will meet the requirements of the Hillside Specific Plan and Blossom Hill Open Space study, but cannot be approved under the current policy because they do not meet any specific criteria of community benefit in either the General Plan or the Hillside Specific Plan. c. There are still many vacant or underdeveloped parceis in various areas, primarily the LM and CM zones, but are also found in other non-residential zones that are proposed to be developed with projects that the Town may want to approve at some time. Examples might be for uses that will provide additional jobs, or that will generate additional revenues. None of these can be legally approved under the existing policy. d. The current policy does not deal with providing market rate housing either with or without the provision of affordable housing. For example, the deciding body cannot legally permit the construction of a single-family residence on an existing lot. 3. Revise the Zoning Ordinance provision relating to modifications of Conditional Use Permits. This modification will simplify the definition of intensification of use by defining all increases in peak hour trips of more than five as an intensification of the use. D. RECOMMENDATION: It is recommended that the Commission forward the resolution modifying the current policies (Exhibit B) and the Zoning Ordinance Amendment (Exhibit C) as described under the remarks section above to the Town Council for approval. These recommended modifications would change the following: Define minor traffic impacts as less than twenty A.M. or P.M trips. Define major traffic impacts as twenty or more A.M or P.M. trips. Require comprehensive traffic studies only for projects with major traffic impacts. • Require findings of community benefit for projects with five or more A.M. or P.M. trips. • Expand Town benefit to include housing or economic. • Define any increase in peak hour traffic of five trips or more as modification to a use authorized by a Conditional Use Permit. it is noted that there are a number of projects pending for which a traffic study would be required under the current traffic policy, but would not require a traffic study under the proposed policy. These projects have been allowed to proceed with their processing pending the policy changes proposed here. In response to Commission concerns with respect to the traffic impact fees, recommended modifications to the process and schedule will be placed on your agenda within the next sixty days. Lee E. Bowman, Planning Director GAL Prepared by: Donald R. Ross, Senior Planner LEB:DRR:cher C9\REPORTS\TRAFFIC.4 1 TOWN OF LOS GATOS TRAFFIC IMPACT POLICY Town staff 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, except mixed use, multi -tenant commercial or industrial or multi -family development projects that exceed the traffic generation factor assigned to the project at the time of approval. The Planning Commission and/or Town Council may approve a project with a minor traffic impact or a major traffic impact (five or more additional AM or PM peak hour trips) if it is determined that the benefits of the project outweigh the impact of increased traffic, provided traffic mitigation measures are required and specific sections of the General Plan and any applicable Specific Plan clearly state that the type of project will benefit the community (See Section 2.5.6 of the General Plan). 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 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. A. REVIEW PROCESS 1. Staff Review: a. 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. EXH1T A TRAFFIC IMPACT POLICY b. 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. c. Projects that generate additional traffic 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, the burden is on the applicant to site 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. 2. 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 fee for projects with minor traffic impacts. The mitigation for projects with major traffic impacts will be required to payment of a traffic impact fee and a proportionate share or construction of intersection and/or roadway improvements within a specified distance from the project. Minor traffic impact is defined as one or more and less than five additional AM or PM peak hour trips. Major traffic impact is defined as five or more additional AM or PM peak hour pI08\resos\exhibitl.Tra 2 TRAFFIC IMPACT POLICY trips. 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. 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. B. 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 and/or issuance of a Building Permit, as applicable. The traffic impact mitigation fee shall 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. 008\resos\exhibi[ 1.Tra 3 RESOLUTION 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 COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: A 1"1'EST: day of 1991, by the following vote: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA C9\MISC\TRAFFIC.4 EXHIBIT B 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 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 Review: a. 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. b. 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. c. Projects that generate additional traffic 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 less than five 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. 2. 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, C9\MISC\rRAFFIC.4 2 TRAFFIC IMPACT POLICY C9\MISC\TRAFFIC.4 traffic mitigation measures shall be imposed. The traffic mitigation shall be in the form of an in -lieu traffic impact fee for projects with minor traffic impacts. The mitigation for projects with major traffic impacts will be required to payment of a traffic impact fee and a proportionate share or construction of intersection and/or roadway improvements within a specified distance from the project. Minor traffic impact is defined as one or more and less than five twenty additional AM or PM peak hour trips. Major traffic impact is defined as five twenty or more additional AM or PM peak hour trips. 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. 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. 3 TRAFFIC IMPACT POLICY C. 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 and/or issuance of a Building Permit, as applicable. The traffic impact mitigation fee shall 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. D. 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. C9\MISC\TRAFFIC.4 4 1 ORDINANCE AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE RELATING TO TRAFFIC IMPACTS THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS: SECTION I Section 5.20.230 of the Zoning Ordinance is amended to read: SEC. 5.20.230: CONDITIONAL USE MODIFICATION A use authorized by Conditional Use Permit shall not be modified unless a modification to the permit is approved. The following changes in use are modifications: (1) Intensification of use. (By way of example, intensification of use are evidenced by additions to seating capacity or gross floor area, ullcrcasc i1i pcak hour trips frn cial er inustri Lily d4...vL.1opuiLiit pro;e-trips cxcccd the traffic g,,ircration-factor al, increase of five or more peak hour trips, increases in parking required -- other than the requirement of increases because of ordinance amendment -- use of additional land, or commencement of new activities.) (2) Any change that is a substantial departure from plans which were the basis of the Conditional Use Permit Approval. EXHIBIT C SECTION If 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. This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on , 1991, and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council on , 1991. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA A1'1EST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA C9\ORDS\TRAFF 2 PLANNING COMMISSION MINUTES --16 June 12, 1991 MOTION No o - else wished to speak; public portion of hearing dos Comm. Whit moves, seconded by Comm. Rudolpr, or approval of Architecture a • ite Application S-91-38 with the -.ndition of a recommendation as; nst the birch trees. Wo • prefer to see one specimen sized tree of an evergr-_ variety subjec • the satisfaction of the Director of Parks, Forestry and Mainte - nce. Comm. Rudolph: If the appli another specimen sized t support the motion. willing to replace a specimen size tree with and the - - being replaced is a nuisance, will Chair Chase. e ordinance does say we are t. .rotect those trees, but in this case bel - 'e some common sense must be observ-. • will support the motion. tion passes unanimously, 8-0. AYES: Commissioners Abkin, Allmand, Chase, Morgan, O'La Rudolph and Whitney-Hafft NOES: None ABSTENTIONS: None ABSENT: Commissioner Grimes in, Roberts, ITEM 11 Zoning Ordinance Amendment A-91-3 a. Public hearing to consider an amendment to the Town Zoning Ordinance to modify Section 5.20.230 concerning Conditional Use Permit modifications. This matter will not have a significant impact on the environment and is, therefore, not subject to the requirements of the California Environmental Quality Act. b. Consideration of amendments to the Town's Traffic Impact Policy. No one was present to speak; public portion of hearing closed. Comm. Abkin: Am in support of what is in the staff report and that it meets what we requested be done; have some suggestions for the reorganization of the traffic impact policy for clarification. On Exhibit B under "A. Review Process' remove "1. Staff Review" with "a' and "b" becoming "1" and "2". Under Mitigation of Traffic Impacts, paragraphs 2, 3 and 4 become "a", "b" and "c" under "2" of Review Process. Delete the word "five" from the new "2(a)" and "2(b)" which appears to be a typographical error. Abkin: Continuing on Page 3, the fourth and fifth paragraphs are to become "3" under "B. Review Process'. Abkin: On Page 2, 'c' under "B. Review Process" becomes "4". In this paragraph, modify first sentence to read "Projects that generate additional traffic of five or more peak hour trips may only be recommended for approval..." Change second sentence of same paragraph to read "If a project generates additional traffic..." to read "If a project generates additional traffic of five or more peak hour trips the burden is on..." Abkin: Page 2, "2. Mitigation of Traffic Impacts" should become "C. MITIGATION OF TRAFFIC IMPACTS". Second sentence of paragraph under this ATTACHMENT PLANNING COMMISSION MINUTES --17 June 12, 1991 MOTION heading to read The traffic mitigation shall be in the form of an in -lieu traffic impact mitigation fee." Also, insert "traffic impact mitigation fee" in the following sentence to be consistent with definition of traffic impact mitigation fee on following page. Abkin: Under "C", third sentence should read 'The mitigation for projects with major traffic impacts will be the required payment of a traffic impact mitigation fee..." On page 4, "C. FEES" becomes "D. FEES" and "D. RIGHT TO DEVELOP NOT GUARANTEED" becomes "E. RIGHT TO DEVELOP NOT GUARANTEED". Comm. Abkin moves, seconded by Comm. Morgan for approval of Zoning Ordinance Amendment A-91-3 with the proposed amendments just stated, finding that the Zoning Ordinance is consistent with the General Plan in that it does meet our traffic concerns in allowing development of projects beneficial to the Town and still meets the traffic concerns with the mitigation fee and with a recommendation that the Town Council approve the amendment. Comm. Whitney: We ought to be considering the ability to waive or reduce fees for lower income housing as an inducement mechanism. Chair Chase: That is covered in the housing element. Whitney: This is a discussion of fees; would be appropriate here as well. Would be a valid inducement; one that would take us a long way in terms of the Housing Element. It's the kind of thing HCD loves to read. Chase: Agree that it's a good inducement but believe it's a part of the housing element. Whitney: The Housing Element discusses our traffic impact fee. Lortz: Fees are not being discussed tonight; that's something that could be added when we bring the issue of fees back for discussion and a recommendation could be made to Council. In the past Council has not been too receptive to specific fees being reduced automatically. Council has preferred that an applicant come before them and request an exemption of fees on a case by case basis. Whitney: I'd like to see it added and forwarded to Council so that it can be considered. Comm. Abkin: The place to do to that would be with a separate resolution which establishes the fee schedule. The fee schedule isn't established here; is to be established by separate resolution. We have directed that an amendment to the fee schedule be made and part of that recommendation was that there would be an allowance to certain kinds of projects. Whitney: We're discussing policy and that's an appropriate place to put it. It would then be the policy of the Town to waive or reduce fees. It's a policy question. Comm. Allmand: Didn't the Commission have an extended discussion regarding this issue, the waiver and exemption of certain projects over others and legal discussions as to issues that would be brought up, liability for the Town, other PLANNING COMMISSION MINUTES -18 June 12, 1991 arguments in terms of State and possibly constitutional law for equal protection? Lortz: Yes. The attorney at that time said exemption is the term to be used, not waive. Her concern was that the Council should make that determination. Whitney: Then you forward the policy to the Council and they can make that determination. It's done in many jurisdictions. Whitney: Would maker of motion amend the motion to include this policy statement? Abkin: How would you like to amend it? Whitney: Under new section "D. FEES" add a paragraph to the affect that the Town by policy may consider the exemption or reduction of traffic impact fees for lower income affordable housing. Lower income would take the two lowest categories and exclude the moderate. Abkin: The problem I have with that is it singles out an admittedly important group but it's only one of the important benefits that the Town might want to look for in mitigating traffic impacts. There might be many others but don't want to try to list all others the Town might want to provide incentives for. The place to do that is in the resolution where it is rrrore easily amended as time goes on and different priorities come before the Town and different issues come of importance. It's still a policy statement. Whitney: I will concur with that if that motion is brought forth on a resolution. Chair Chase: Motion remains as initially stated. Motion passes unanimously, 8-0. AYES: Commissioners Abkin, Allmand, Chase, Morgan, O'Laughlin, Roberts, Rudolph and Whitney-Hafft NOES: None ABSTENTIONS: None ABSENT: Commissioner Grimes None NEW OTHER BUSINESS None ADJOURNMENT Chair Chase adjoumed the meeting at 9:45 p.m. The next scheduled Planning Commission -meeting w+ll-be-held-eR June 26, 1991. RESOLUTION 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 day of 1991, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Al 'LEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA C9\MISC\TRAFFIC.4 ATTACHMENT TACHMENT 3 '1 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 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 C9\MISC\TRAFFIC.4 2 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. C9\MISC\TRAFFIC.4 4 ORDINANCE AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE RELATING TO TRAFFIC IMPACTS THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS: SECTION I Section 5.20.230 of the Zoning Ordinance is amended to read: SEC. 5.20.230: CONDITIONAL USE MODIFICATION A use authorized by Conditional Use Permit shall not be modified unless a modification to the permit is approved. The following changes in use are modifications: (1) Intensification of use. (By way of example, intensification of use are evidenced by additions to seating capacity or gross floor area, increase in peak hour trips for mixed use, multi -tenant commercial or industrial or multi- family development projects if the trips exceed the traffic generation factor assigned to the project at the time of approval, increase of five or more peak hour trips, increases in parking required -- other than the requirement of increases because of ordinance amendment -- use of additional land, or commencement of new activities.) (2) Any change that is a substantial departure from plans which were the basis of the Conditional Use Permit Approval. ATTACHMENT 4 SECTION II 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. This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on , 1991, and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council on , 1991. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: A'1`1'BST: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA C9\ORDS\TRAFF 2 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: /s/ Brent N. Ventura MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA C9\MISC\TRAFFIC.4 TOWN OF LOS GATOS TRAFFIC IMPACT POLICY A. POLICY STATEMENT I. 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 (I7'h) • 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 C9\MISC\TRAFFIC.4 2 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. C9\MISC\TRAFFIC.4 4 August 5, 1991 Los Gatos, California HEARINGS CONTINUED PINE AVE. APPEAL CONT. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council uphold the decision of the Planning Commission, and deny Mr. Meyers appeal of 17161 Pine Avenue. Mrs. Benjamin added her request that the maker and the second send the plans to the Parks Forestry and Maintenance Department to have them provide additional screening out for the tennis courts, including evergreen landscaping materials. Carried by a vote of 4 ayes. Mr. Carlson absent. TRAFFIC IMPACT/ZONING ORDINANCE AMENDMENT A-91-3 INTRODUCTION OF ORDINANCE/RESOLUTION 1991-174/HEARING Mayor Ventura stated that this was the time and the place duly noted for public hearing to consider an amendment to the Town Zoning Ordinance. No one from the audience spoke to this issue. Motion by Mrs. Benjamin, seconded by Mr. Attaway, to close the public hearing of Zoning Ordinance Amendment A-91-3. Carried by a vote of 4 ayes. Mr. Carlson absent. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council find that the proposed Zoning Ordinance Amendment is consistent with the General Plan. Carried by a vote of 4 ayes. Mr. Carlson absent. Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council waive the reading of the proposed Ordinance. Carried by a vote of 4 ayes. Mr. Carlson absent. The Senior Deputy Clerk read the Title of the proposed Ordinance. Motion by Mrs Benjamin, seconded by Mr. Attaway, that Council introduce Draft Ordinance entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE RELATING TO TRAFFIC IMPACTS. Carried by a vote of 4 ayes. Mr. Carlson absent. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1991-174 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONCERNING THE TRAFFIC IMPACT POLICY. Carried by a vote of 3 ayes. Mayor Ventura voted no because he feels that by adopting this Resolution the council will loose the ability to regulate, consider, and mitigate the cumulative impacts of small projects. Mr. Carlson absent. HANDICAPPED ACCESSIBILITY/GENERAL PLAN AMENDMENT/RESOLUTION 1991-175 ENHANCED LIVAB I LITY/RESI DENTIALDEVELO PMENTS/RESOLUTION 1991-176/HEARING Mayor Ventura stated that this was the time and the place duly noted for public hearing for the public hearing of an amendment of the Town's Housing Element of the General Plan, (section GP-91-1), and adaptability and accessibility requirements for enhanced livability features for residential developments. TC: D1: MM080591 6