Ord 2189 - Mitigation of Road Impacts caused by Construction ProjectsORDINANCE 2189
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ARTICLE I~ OF
CHAPTER 15 OF THE TOWN CODE RELATING TO MITIGATION OF ROAD
IMPACTS CAUSED BY CONSTRUCTION PROJECTS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Section 15;90.010 is hereby amended to read as follows:
Sec. 15.90.010. Purpose.
(a) The Town Council finds that the roads of this community were built under'a variety of
agencies and standards. Many of the Town's streets have little base and limited overlay with
restricted drainage systems and were never intended to support heavy vehicles or loads.
Construction projects have had a serious adverse effect on the Town's street system, and it is
only fair and just that there should be an equitable contribution to repair streets that are damaged
by hauling and deliveries done in connection with these projects. Because the effects of these
projects can be spread across a large area and the Town does not and cam~ot have the staff or
oversight to identify specific items of damage .and construction projects accelerate or begin the
deterioration of the street system, it is also fair and just to establish a fee to be collected when
permits are issued for construction projects that will be deposited in the street repair funds and
used to refurbish roads which suffer deterioration due to construction activities.
(b) The Town Council finds that the purpose of the Construction Activities Mitigation Fee is to
assure that each new development or expansion of use pays its fair share of the refurbishment
needed. to mitigate the .impacts of construction activities.
(c) The Town Council declares the road refurbishment area shall be the Town limits to finance
refurbishment where such projects have been identified by the-Town Council.
(d) The Town Council has determined that the Construction Activities Mitigation Fee is
necessary in order to finance road refurbishment activities and projects.
(e) The Town Council finds and determines that there is a reasonable and rational relationship
between the use of the Construction Activities Mitigation Fee and the type of development
projects on which the fees are imposed because the fees will be used to refurbish the roads that
are necessary for the safety, health and welfare of the residential and non-residential users of the
roads on which the Construction Activities Mitigation Fee will be levied.
(f) The Town Council finds and determines that there is a reasonable and rational relationship
between the need for refurbishment of the transportation system and the type of development
projects on which the Construction Activities Mitigation Fee is imposed because it will be
necessary for the residential and non-residential users of such projects to have access to the
transportation system, Such development will benefit from the transportation refurbishments and
the burden of such development will be mitigated in part by the payment of the Construction
Activities Mitigation Fee.
(g) The Town Council further finds and determines that the estimates of road deterioration costs
referenced in the Traffic Impact and Construction Activities Impact Mitigation Fee Update Study
are reasonable cost estimates, and that the amount of the Construction Activities Mitigation Fee
expected to be .generated by new development will not exceed the total fair share cost to sltch
development.
(h) The Town Council further finds that the cost estimates referenced in the Traffic Impact and
Construction Activities Impact Mitigation Fees Update Study are reasonable cost estimates for
deterioration of the facilities that comprise the transportation system; and that Construction
Activities Mitigation Fee revenues to be generated by new development will not exceed the total
fair. share of these costs.
(i) The Town Council further finds that the Construction Activities Mitigation -Fees collected
pursuant to this Section shall be used to help pay for refurbishment of the transportation system,
and that the need for the refurbishment is related to new development because the equipment
excavation and activity traversing public streets during the construction of the development
results in deterioration; thus creating the demand for the refurbishment.
(j) The Town Council hereby adopts the report entitled "Traffic Impact and Construction
Activities Mitigation Fees Update Study" (Study), and incorporates herein by this reference the
assumptions, conclusions and findings included in the report regarding Construction Activities
Mitigation Fees. The Study includes options for aper-square-foot added fee ranging between
$1.61 to $2.39 for residential development, and $1.41 to $2.09 for non-residential. These options
were based on pavement deterioration due to construction activities for Los Gatos and a mix of
neighboring communities, including Saratoga, Monte Sereno, and Campbell.
(k) The Town Council hereby adopts an initial Construction Activities Mitigation Fee of $1.00
per-square-foot added for both residential and non-residential development effective July 1,
2010.
SECTION II
Section 15.90.020 is hereby rescinded.
SECTION III
Section 15.90.025 is hereby added as follows:
Sec. 15.90,025. Definitions,
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
(a) Building~ermit 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.
(b) Development shall mean building or other land construction activity, or making a physical
change in the use of a structure or land, in a manner that makes use of the Town's road system.
(c) Development Permit shall mean any zoning entitlement permit or approval from. the Town
of Los Gatos, including, but not limited to, a general plan amendment, zoning or re- zoning of
property, a conditional use permit, subdivision map, development review application, building
permit or other permit for construction, reconstruction or remodeling.
(d) Site shall mean a plot of ground consisting of one (1) or more lots or parcels on which a
common improvement is proposed or exists.
SECTION IV
Section 15.90.030 is hereby amended to read as follows:.
Sec, 15,70.030. Usage of fees collected.
(a) The fees collected under this article will be deposited in fund accounts,
(b) Money in-the trust fund established in this article shall be used solely for the following;
(1) To design, construct, and refurbish roads within the Town of Los Gatos.
(2) To reimburse the Town of Los Gatos to offset only direct-costs (not overhead)
administrative costs associated with administering and updating the Construction
Activities Mitigation Fee.
(3) To make refunds if and when required by the applicable sections of Government Code §
66000, et seq., or any applicable successor statutes.
(c) The monies in the fund shall be eligible for expenditure only for projects related to
mitigating the impacts of new development, These funds cannot be used for routine repairs and
maintenance.
(d) The monies in the fund may be used for purposes that include, but are not limited to, the
following:
(1) design and construction plan preparation;
(2) permitting;
(3) land and materials acquisition, including any costs of acquisition or condemnation;
(4) design and construction,. refurbishment or reconstruction of transportation capital
improvements;
(5) design and construction, refurbishment or reconstruction of sanitary sewers, drainage
facilities, or other public improvements required by the construction of transportation
capital improvements;
(6) relocating utilities required by construction, refurbishment or reconstruction;
(7) landscaping;
(8) construction management and inspection;
(9) surveying, soils and material testing;
(10) acquisition of capital equipment that is an intrinsic part of a facility;
(11) demolition that is part of the construction of any of the improvements on this list;
(12) payment of principal and interest, necessary reserves and casts of issuance under any
bonds or other indebtedness issued to provide money to construct or acquire traffic
mitigation facilities;
SECTION V
Section 15..90.035 is hereby added as follows:
Sec. 15.90.035. Amount and payment of fee.
(a) The applicant shall provide information regarding the previous and proposed use(s) of the
site, including a description of the proposed uses for which a Development Permit is being
sought, with sufficient detail to enable the Town to calculate the number of square feet of
development under the proposed use(s).
(b) Except as may be otherwise provided in this Ordinance, the amount of the Construction
Activities Mitigation Fee shall be determined by calculating the number of square feet for the
proposed use(s).
(c) Whenever a Construction Activities Mitigation Fee is imposed pursuant to this Section, the
Town shall provide each applicant for a development permit with a notice in writing at the time
of the approval of the development permit or at the time of the imposition of the Construction
Activities Mitigation Fees, a statement of the amount of the Fees and notification of the ninety
(90) day approval period, in which the applicant may protest the Fees. Said notice shall be in
substantially the following form:
"The conditions of project apps°oval for your project, identified as
include certain fees, dedication requirements, ~°eservation
requirements and/or other exactions more specifically described as: (identification of
the amount of the Impact Fee and/or description of the dedications, reservations or other
exactions . The applicant is hereby notified that the 90-day protest peg°iod to challenge such
items has begun as of the date of the project approval or the date of the Impact Fee imposition,
which was . If the applicant fails to file a protest regarding any of the fees,
dedications, reservations or other exaction requirements as specified in Government Code
X66020, the applicant shall be legally barred from later challenges. "
(d) Notwithstanding any other provision, the dollar amounts of the adopted Construction
Activities Mitigation Fee rates shall be adjusted on July 1 of each year to account for changes in
tl~e costs of facilities. The adjustment factor shall be based on the change in the Engineering
News Record (ENR) (San Francisco, California) Building Cost Index (BCI) for the preceding
twelve (12) month period calculated from February 1 to January 31. If this index should cease
publication, the Town shall use any appropriate official index published by the Bureau of Labor
Statistics, or successor, or similar agency as may then exist or may then may be most nearly
equivalent thereto. The adjustment factor shall be used to adjust the rates of the Construction
Activities Mitigation Fees, unless they are otherwise adjusted based on the adoption of an
updated .methodology study.
(e) Unless earlier payment is permitted pursuant to the provisions of Government Code §66007,
or any applicable successor statute, the Construction Activities Mitigation Fees for residential
developments shall be paid on the date of the final inspection or on the date the certificate of
occupancy is issued, whichever date occurs first.
(f) No final subdivision map, parcel map or certificate of occupancy shall be issued or filed for
recording until the traffic impact mitigation fee has been paid in full.
SECTION VI
Section 15.90.040 is hereby added as follows:
Sec. 15.90.040. Construction Activities .Mitigation Fees in Addition to other Fees and Charges.
Payment of the Construction Activities Mitigation Fees are in addition to the requirements
imposed by other laws, policies or regulations of the Town relating to the construction or the
financing of public improvements within subdivisions or developments.
SECTION VII
Section 15.90.045 is hereby added as follows:
Sec. 15.90.045. Reporting Requirements for Funds.
The Director of Finance or designee shall comply with the public reporting requirements for the
Construction Activities Mitigation Fee Fund and accounts therein within 1$0 days of the end of
each fiscal year. as specified in Government Code §66006(b), or any applicable successor statute.
The Director of Finance or designee shall also present the public reports to the Town Council for
review at the first regular meeting that occurs not more than fifteen (15) days after the reports are
made available to the public as specified in Government Code §66006(b), or any applicable
successor statute.
SECTION VIII
Section 15.90.00 is hereby added as follows:
Sec. 1.5.90.050. Findings Requirements for Funds; Refunds.
For the fifth fiscal year following the first deposit into the Construction Activities .Mitigation Fee
Fund, and every five (5) years thereafter, the Town shall make the findings required by
Government Code §66001(d), or any applicable successor statute, with respect to any monies
remaining unexpended in the Funds and the accounts therein. The Town shall also comply with
the notice and refund provisions of Government Cade §§ 66001(e) and (f), or any applicable
successor statutes.
SECTION IX
Section 15,90.055 is hereby added as follows:
Sec. 15.90.055. Protest.
Any person subject to .the Construction Activities Mitigation Fee established by this Section may
protest the imposition of same by complying with the protest provisions in the Government Code
~ 66000, et seq, in effect at the time of the protest.
SECTION X
Section 15.90.060 is hereby added as follows:
Sec. 15.90.060. Compliance; Enforcement.
(a) No person shall fail to pay, when due, any Construction Activities Mitigation Fee imposed
pursuant to this Section.
(b) The Construction Activities Mitigation Fee due pursuant to this Section shall constitute a
debt to the Town. An action for the collection thereof maybe commenced in the name of the
Town in any court having jurisdiction of the cause; however, nothing in this subsection shall
prevent a criminal prosecution for any violation of this Section.
SECTION XI
Section 15.90.065 is hereby added as follows:
Sec. 15.90.065. Severability.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or
any part thereof is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity of the remaining portions of this ordinance. The Town Council hereby declares
that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or
phrase of this ordinance irrespective of the fact that any one or more section, subsection,
subdivision, paragraph, sentence, clause or phrase be declared invalid or unconstitutional,
SECTION XII
This ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on April 19, 2010, and adopted by the following vote as an ordinance of the Town of
Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on May 3, 2010.
This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Joe Pirzynslci, Steve Rice, Barbara Spector, and Mayor Diane McNutt
NAYS:
ABSENT:
ABSTAIN: Mike Wasserman
SIGNED: / )
~Jl~i ~G('Vli~
l
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
~R ADMINISTRATOR OF TIIE TOWN OF LOS GATOS
LOS GATOS, GALI~O~RNIA