1991-174-Concerning The Traffic Impact PolicyRESOLUTION 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: x2�/?
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
`r LO'60 CLERK OF THE OS GATOS
LOS GATOS, CALIFORNIA
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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 AM. 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 (TTE)
■ 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 spec 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
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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
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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.
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