Item 20 Staff Report Hearing to Consider a Resolution Adopting Traffic Impact Mitigation Fees3i1
COUNCIL AGENDA
DATE: 7/2/90
ITEM NO. —7 0
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: June 28, 1990
TO: MAYOR AND TOWN COUNCIL
FROM: ROBERT F. BEYER, INTERIM TOWN MANAGER
SUBJECT: HEARING TO CONSIDER A RESOLUTION ADOPTING TRAFFIC IMPACT MITIGATION FEES
RECOMMENDATION:
1. Open the public hearing.
2. Receive public testimony
3. Close the public hearing.
4. Adopt the Resolution establishing Traffic Impact Mitigation Fees (Exhibit 1).
DISCUSSION:
A computerized traffic model was developed as a part of the 1985 General Plan update that was used to
identify the transportation improvements needed to accommodate new development and maintain
acceptable levels of service at intersections within the Town. Traffic projections from this model were used
to identify specific projects required to meet the future transportation needs of the Town which were listed
in the 1985 General Plan. Cost estimates for these projects were prepared and the list of projects was
updated to delete those projects that have been completed and add new projects as warranted. Estimates
were made of the gas tax revenue that would be used for these projects over the next 20 years. The fee
is based on the unfunded cost of these identified projects.
The Town Attorney met with Engineering and Planning staff periodically to insure that the fee met all of the
requirements of AB 1600 and that an appropriate nexus was reached tying the fee directly to the impacts
associated with each new development.
A summary of traffic mitigation fees enacted by other agencies was prepared for comparison.
EXHIBITS:
1. Traffic Signal Projects
2. Street Improvement Projects
3. 1985 General Plan Traffic Buildout Analysis
4. Fee Determination
5. Draft Resolution adopting Traffic Impact Mitigation Fees
PREPARED BY: CHRISTINE L. FISCHER x`
Town Engineer
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Reviewed by: Attorney
TOWN COUNCIL ACTION DIRECTED TO:
ACTION OF COUNCIL:
TRAFFIC SIGNAL PROJECTS
BLOSSOM HILL ROAD
1. Union Ave.
LARK AVENUE
441 K CIP
2. University Ave. 150 K CIP
3. State Route 17 (N/B) Caltrans/Measure "A"
Project
4. Charter Oaks 150 K CIP
POLLARD RD.
5. Burrows
LOS GATOS-ALMADEN RD.
6. National Ave.
EAST MAIN ST.
125 K CIP
99 K CIP
7. Pleasant Ave. -Jackson St. 150 K CIP
8. Loma Alta 99 K CIP—
TOWN-WIDE TRAFFIC SIGNAL
9. Modifications
EN07\Memos\Traffjc
*
**
800 K CIP
SUBTOTAL $2,014,000
+ 25+% CONTINGENCY 486.000
TOTAL $2,500,000
Denotes Projects Requiring Right-of-way Acquisition where part of the
Right-of-way will be obtained through Dedications
EXHIBIT 1
Denotes Unfunded Project
STREET IMPROVEMENT PROJECTS
LOS GATOS BLVD.
1. Magneson Loop
2. Placer Oaks Rd.
3. Los Gatos -Almaden Rd.
4. Samaritan Dr. to Camino Del Sol
5. Nino Ave. to Spencer Ave.
LARK AVE.
6. Bridge Widening at Highway 17
7. Winchester Blvd. to Los Gatos Blvd.
WINCHESTER BLVD.
20 K CIP
32 K CIP
72 K CIP
6,000 K CIP*
500 K CIP**
Caltrans/Measure "A"
Project
400 K CIP"
8. North of Shelbourne Way 3,033.5 K CIP"
N. SANTA CRUZ AVE.
9. Saratoga Ave. to Blossom Hill Rd. 551 K CIP"
BLOSSOM HILL ROAD
10. Bridge widening at Highway 17
11. Blossom Hill Park to Westhill Drive
UNIVERSITY AVE.
Caltrans/Measure "A"
Project
2,500 K CIP•`
12. Blossom Hill Rd. to Vineland Ave. 303.5 K CIP`"
POLLARD ROAD
13. SPRR to Los Gatos Woods
14. San Tomas Aquino Creek to Knowles Dr.
892.5 K CIPR*
750 K CIP**
Denotes Projects Requiring Right-of-way Acquisition where part of the
Right-of-way will be obtained through Dedications
EXHIBIT 2
Denotes Unfunded Project
STREET IMPROVEMENT PROJECTS
UNION AVE.
15. Blossom Hill Rd. to Thomas Dr. 4,000 K CIP•
WEDGEWOOD AVE.
16. Roxbury Lane to Pollard Road 400 K CIP••
LOS GATOS ALMADEN RD.
17. @ Rogers Property 450 K CIP••
SUBTOTAL $19,904,500
+ 25±% CONTINGENCY 5,095,500
TOTAL $25,000,000
Denotes Projects Requiring Right-of-way Acquisition where part of the
Right-of-way will be obtained through Dedications
**
Denotes Unfunded Project
1985 GENERAL PLAN TRAFFIC/BUILDOUT ANALYSIS
SUMMARY OF EXISTING AND POTENTIAL LAND USE BY PLANNING AREA
PLANNING EXISTING VEHICLE POTENTIAL VEHICLE INCREASED VEHICLE
AREA TRIP ENDS TRIP ENDS TRIP ENDS
1 12,370 13,751 1,381
2 23,315 24,441 1,126
3 13,369 17,357 3,988
4 19,210 24,651 5,441
5 28,275 30,388 2,113
6 16,164 16,569 405
7 20,259 22,143 1,884
8 1,037 2,329 1,292
9 974 1,576 602
10 1,042 1,860 818
11 203 398 195
12 7,040 7,747 707
13 12,181 12,999 818
14 18,461 19,782 1,321
15 14,969 15,824 855
16 4,309 4,422 113
17 1,567 3,007 1,440
18 13,928 14,969 1,041
19 7,625 11,241 3,616
20 37,219 56,288 19,069
21 2,196 2,446 250
22 19,717 20,757 1,040
23 12,203 13,564 1,361
SUBTOTAL 50,876
* (minus) 10.876 ( + )
TOTAL VEHICLE
TRIP ENDS 40,000
* The above listed subtotal is an expression of worst case buildout or highest number of vehicle trip ends
possible under the General Plan. Projects approved by the Town of Los Gatos are typically within the
range of 75 to 80 percent of the maximum allowable density; therefore, the number of increased vehicle
trip ends included in the subtotal was reduced to more accurately reflect the range of densities that is
likely to be approved.
1 kj01\dre\traffic
EXHIBIT 3
FEE DETERMINATION
1 Total Cost of Transportation Improvements
Traffic Signal Projects
Street Widening Projects
Total cost of Transportation Improvements
2. Existing Funding (20 year projection)
Total projected Gas Tax Revenue
(1990-2010)
3. Unfunded cost of Transportation Improvements
Total cost of Transportation Improvements
Estimated funding available to complete the
Transportation Improvements
4. Unadjusted Fee
$ 2,500,000
25,000,000
$ 27,500,000
$ 3,500,000
$ 27,500,000
$ 3,500,00
Unfunded Cost $ 24,000,000
$24,000,000/40,000 Total Vehicle Trip Ends = $600 per trip end
IkJO2\Oentes\fee.Utt
EXHIBIT 4
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:
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
Ord-Reso\Resos\Fees.Trf 1
UNIT
Dwelling Unit
Dwelling Unit
Dwelling Unit
Dwelling Unit
1,000 sq. ft.
1,000 sq. ft.
1,000 sq. ft.
1,000 sq. ft.
Ac.
Bed
$ 5,922
$ 3,662
$ 3,972
$ 3,108
$ 4,200
$ 8,400
$ 4,200
$ 3,800
$ 1,000
$ 1,443
EXHIBIT 5
& Congregate Care Facility
General Hospitals
Bed $ 3,200
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
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
A FI EST:
day of , 1990 by the following vote:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Ord-Reso\Resos\Fees.Trf
2
OFFICE OF THE TOWN CLERK
ORDINANCES & RESOLUTIONS
ORIGINATING DEPT:
COUNCIL AGENDA DATE:
COUNCIL AGENDA ITEM:
SUBJECT:
&),Lr
020
O e d77,
DEPARTMENT DISC ON FILE WITH CLERK? YES:NO:
Number:
Date of Adopt:
COUNCIL ACTION:
RESOLUTION
— I0
7/2,
Number:
Date of Intro:
Date of Adopt:
ZONE CHANGE:
ORDINANCE
AYES: C6�ix�Clmc.vx) 4--ejhc-��
NAYES: U.t[JJ J i
ABSENT:
ABSTAIN:
COUNCIL MEMBERS NAMES:
Joanne Benjamin, Eric D. Carlson, Robert L. Hamilton, Brent N. Ventura •
Mayor Thomas J. Ferrito.
ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK
BY WEDNESDAY AT 12 NOON.
ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION
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VIRGINIA'S
INTERNAL TRACKING
COMPLETE AND INITIAL EACH STEP
ACTIOAGENDA ITEM:
RESOLUTION/ORDINANCE NUMBER DESCRIPTION:
DATE
LIST IN BOOK
i\i(.0_
ON DISC? MARIAN'S FORM SENT TO DEPT.
&ii
PUBLISH IF REQUIRED - Indicate date of
ORDINANCES ONLY Publication.
WHEN SIGNATURE AND /s/ COPY (1 EACH) returned,
LIST ON SIGNATURE TRACKING & SEND TO MAYOR
7/5/
SEND COPIES TO DEPT. DISTRIBUTION LIST
Dist. Report Date: NO.of COPIES:
0 O
E '
TYPE ENVELOPES AND MAIL
SIGN BY CLERK/SEAL
filf-iW
DPUT
ENTER INTO ECM ORDINANCE/RESOLUTION FILE
OUR s COPY IN BASKET, MARLYN WILL ENTERPOST
INTO ECM WHEN SHE RETURNS
FILE IN VAULT
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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
Ord-Reso\Resos\Fees.Trf 1
UNIT
Dwelling Unit
Dwelling Unit
Dwelling Unit
Dwelling Unit
1,000 sq. ft.
1,000 sq. ft.
1,000 sq. ft.
1,000 sq. ft.
Ac.
Bed
Bed
$ 5,922
$ 3,662
$ 3,972
$ 3,108
$ 4,200
$ 8,400
$ 4,200
$ 3,800
$ 1,000
$ 1,443
$ 3,200
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
ATTEST:
s/s Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Ord-Reso\Resos\Fees.Trf
2
July 2, 1990
Los Gatos, California
NATIONAL AVE CONT.
Motion by Mrs. Benjamin, seconded by Mr. Carlson, to waive the reading for draft Ordinance.
Carried unanimously. The Town Clerk read the Title of the draft Ordinance.
Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council introduce draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING
ORDINANCE EFFECTING ZONE CHANGE. NO. FROM R-1:8000 TO R1:8000-PD. Carried
unanimously.
LESTER LANE 155/S-90-25/TREE REMOVAL/HEARING
Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider
appeal of decision of the Planning Director in denying a request to remove a Town protected
tree on property in the R1:8000 zone. Architecture and Site Application S-90-25. Address: 155
Lester Lane. Property Owner: Walter Wade.
Mr. Ventura stated that he holds interest in property that is near by to this parcel and will
therefore abstain.
The following person from the audience wished to address this issue:
Walter Wade, 155 Lester Lane, asked that Council reconsider his request to remove tree feeling
that the Town would be liable should his tree fall.
Bob Bryant, Parks, Forestry and Maintenance Director, spoke in favor of keeping the tree and
to proceed with selective thinning.
Mary Jo Levinger, Town Attorney, addressed the issue of liability for the Town, and State
Government Code Immunity concerning the issuance and denial of permits, stating there would
be no liability to the Town in this instance.
Sara Todd, Jo Drive, spoke in favor of saving the tree.
There was no one else from the audience to address this issue.
Motion by Mr. Carlson, seconded by Mrs. Benjamin, to close the public hearing. Carried by a
vote of 4 ayes. Mr. Ventura abstained for reason previously stated.
Motion by Mr. Carlson, seconded by Mayor Ferrito, that Council uphold the Planning
Commission's decision to deny the application to remove the protected tree since the specimen
tree is in excellent health, does not constitute a safety hazard and is not affecting the adjacent
fence and retaining wall. Carried by a vote of 4 ayes. Mr. Ventura abstained.
Consensus motion, that the Department of Parks, Forestry and Maintenance contact PG & E
to see if they will inspect this situation as to its effect on the power lines.
TRAFFIC IMPACT MITIGATION FEES/RESOLUTION 1990-144
Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider
the establishment of traffic impact mitigation fees and adoption of accompanying resolution.
The following person from the audience wished to address this issue:
Taylor McCroy, 14 W. Main, requested information on mitigation fees for residential property.
There was no one else from the audience who wished to address this issue.
TC: D1 : MM070290
5
July 2, 1990
Los Gatos, California
HILLSIDE PLAN CONT.
DESIGNATION OF A PUBLIC ACCESS ROAD THROUGH THE ST. JOSEPH'S HILL OPEN
SPACE PRESERVE. Carried unanimously.
TRAFFIC IMPACTS/ZONING ORDINANCE AMENDMENT/INTRODUCTION OF ORDINANCE
Motion by Mr. Carlson, seconded by Mr. Ventura, to waive the reading of the draft Ordinance.
Carried unanimously. The Town Clerk read the Title of the draft Ordinance.
Motion by Mr. Carlson, seconded by Mr. Ventura, that Council introduce draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING
ORDINANCE RELATING TO TRAFFIC IMPACTS. Carried unanimously.
FORTUNE TELLING BUSINESS/INTRODUCTION OF ORDINANCE
Motion by Mr. Ventura, seconded by Mr. Carlson, to waive the reading of the draft Ordinance.
Carried unanimously. The Clerk read the Title of the draft Ordinance.
Mayor Ferrito raised several questions and it was the consensus of Council to continue this item
until further consideration could be given to the draft Ordinance. Carried unanimously.
SECONDARY DWELLING UNITS/GENERAL PLAN AMENDMENT/RESOLUTION 1990-149
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council make the finding that
General Plan Amendment GP-90-1 is internally consistent with the General Plan, and that
Council adopt Resolution 1990-149 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
CONCERNING AMENDMENTS TO THE HOUSING ELEMENT OF THE GENERAL PLAN
REGARDING SECONDARY DWELLING UNITS, which is Alternative #1, in the staff report,
and Council Referral to the Planning Commission on May 7, 1990, requesting amendments to
the General Plan and Zoning Ordinance that would allow new Secondary Units in the R-1D, RM
and PD zones on. Carried by a vote of 3 ayes. Mr. Carlson voted no for reasons stated in
previous record and because he favors Alternative #2. Mayor Ferrito voted no for reasons
stated in previous record and because he favors Alternative #3.
SECONDARY DWELLING UNITS/ZONING ORDINANCE AMENDMENT
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council make the finding that Zoning
Ordinance Amendment A-90-1 is consistent with the General Plan. Carried by a vote of 3 ayes.
Mr. Carlson and Mayor Ferrito voted no.
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council waive the reading of the draft
Ordinance amending the Zoning Ordinance. Carried unanimously. The Clerk read the Title
of the draft Ordinance.
Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council introduce draft Ordinance
amending the Zoning Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE ZONING ORDINANCE TO ALLOW NEW SECONDARY UNITS ONLY IN
THE R-ID, RM AND PD ZONES. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Ferrito
voted no.
TC: D 1: M M070290
8
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`-:tit ,_ -tr...
PROOF OF PUBLICATION
(2015. f G.GP.)
STATE OF CALIFORNIA' -.
County of Santa Clara _
t am a citizen of the United States and a resident of
the County aforesaid:l am over the age of eighteen
years, and not a party to or interested in the above -
entitled matter.l am the principal clerk of the printer
of the
LOS GATOS WEEKLY
20 S. Santa Cruz Avenue, Suite 110, Los Gatos,
California, a newspaper of general circulation,
printed every Wednesday to the City of Fremont,
California, County of A:ameaa, and puo(ished
in the Town of Los Gatos. California. County of
Santa Clara; and which newspaper has been
adjudged a newspapero: General circulation by
the Superior Court of the Couny t Santa Clara,
State of California. Case Number 509871. dated
April 18, 1985, that the ponce of which the an-
nexed is a printed copy (set in type not smaller
than non-pareil), has been pubtisned in each
regular and entire issue of saic newspaper and
not in any supplement thereof on 'he following
dates, to wit:
all in the year 19
l certify (or -declare) under pena t i of perjury that
the foregoing is true and correct.
Dated at LOS Gatos. California.:nis
19
1,f
Signature
^riyG-c.:r
PROOF OF PUBLICATION OF
l�-
TOWN OF LOS GATOS
OFFICE OF THE TOWN
CLERK
NOTICE OF PUBLIC
HEARING
NOTICE IS HEREBY GIVEN
that the Town Clerk of the Town
of Los Gatos has scheduled a
public hearing for MONDAY,
JULY 2,1990 at7:30 P.M. in the
Council Chambers, Civic Cen-
ter, 110 East Main Street, Los
- Gatos. The Public Hearing is
consideration of the establish-
ment of traffic impact mitigation
fees and adoption of accompa-
nying resolution. IF ANYONE
WISHESTOCHALLENGE THIS
MATTER IN COURT, THEY
MAY BE LIMITED TO RAISING
ONLY THOSE ISSUES THEY
OR ANYONE ELSE RAISEDAT
THE PUBLIC HEARING DE-
SCRIBED IN THIS NOTICE, OR
IN WRITTEN CORRESPON-
DENCE DELIVERED TO THE
TOWN CLERK AT, OR PRIOR
TO, THE PUBLIC HEARING. A
complete record concerning this
matter is on file for public inspec-
tion in the Office of the Town
Clerk. INTERESTED PERSONS
are encouraged to appear and
be heard at this public hearing.
/s/ MARIAN V. COSGROVE
CLERK OF THE TOWN OF LOS
GATOS
pub.6/20 (Igw221)
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