2016-068 - Amend the Traffic Impact PolicyRESOLUTION 2016 -068
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AMENDING THE TRAFFIC IMPACT POLICY
WHEREAS, on August 5, 1991, the Town of Los Gatos adopted Resolution 1991 -174
adopting a Traffic Impact Policy; and
WHEREAS, Chapter 15, Article VII of the Town of Los Gatos Town Code provides for the
establishment of Traffic Impact Mitigation Fees; and
WHEREAS, on March 24, 2014, the Town Council, at a duly noticed Public Hearing,
considered and took action on the specific amount to be charged for traffic mitigation fees; and
WHEREAS, on May 19, 2014, the Town Council adopted Resolution 2014 -017 confirming
actions taken by the Council on March 24, 2014 amending the Town's Traffic Impact Mitigation
Fees; and
WHEREAS, on May 19, 2014, the Town Council, in conjunction with amending the
Town's Traffic Impact Mitigation Fees also adopted a number of additional provisions related to
the assessment of Traffic Impact Mitigation Fees, including provisions related to specialty retail
uses, traffic credit for existing or former uses, secondary dwelling units, low income housing,
and credit for payment and construction of Traffic Mitigation Improvement Projects; and
WHEREAS, on August 19, 2014 the Town Council revised the Traffic Impact Policy
thereby rescinding provisions of Resolution 2002 -175 related to Community Benefit offerings
for traffic impact mitigation; and
WHEREAS, the Traffic Impact Policy should more accurately reflect the traffic impacts
from changes in use within the Central Business District (Downtown);
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los Gatos,
County of Santa Clara, State of California that the attached Traffic Impact Policy (Exhibit A),
dated December 6, 2016 is hereby adopted.
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Resolution 2016 -068 December 6, 2016
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos held on the 6`h day of December, 2016 by the following vote:
COUNCIL MEMBERS:
AYES: Marcia Jensen, Rob Rennie, Mayor Marico Sayoc
NAYS: Steve Leonardis, Barbara Spector
ABSENT: None.
ABSTAIN: None.
SIGNED:
MAYOR OFT E TOWN O 007GATOS
LOS GATOS
DATE:
ATTEST:
CLERK ADMINISTRATOR, OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
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Resolution 2016 -065 December 6, 2016
TITLE: TRAFFIC IMPACT POLICY
EFFECTIVE DATE: 12/07/16
ENABLING ACTIONS: 1991 -174; 2014-
017; 2016 -068
I. DEFINITIONS
POLICY NUMBER: 1 -05
PAGES:5
REVISED DATES: 8/5/91; 3/24/14;
12/6/16
Average Daily Trips. Average Daily Trips (ADT) are the total number of trips, both in -bound and
out - bound, within a 24 hour weekday period, generated by a particular use or development.
Pass -By Trip. Trips generated by the proposed Project that would be attracted from traffic
passing the proposed project site on an adjacent street that contains direct access to the
Project.
Peak Hour Trip. Peak Hour Trips are vehicle trips, both in -bound and out - bound, occurring
during a one hour period either during the A.M. Peak (7 A.M. to 9 A.M.) or the P.M. Peak (4
P.M. to 6 P.M.), generated by a particular use or Project.
Project. A Project subject to this policy encompasses all land use development projects
affecting the built environment, including changes in occupancy or intensification of existing
uses, over which the Town has administrative or legislative authority, that require review and
approval and issuance of a building permit, certificate of use or occupancy, or other land use
approval by Town staff, Commissions, or Council.
Specialty Retail. Specialty Retail uses are defined as walk -in and impulse businesses such as
juice bars, yogurt shops, coffee shops, donut shops, and similar uses which do not generally
serve meals and have limited or no seating. Specialty Retail uses are defined under this policy
for purposes of establishing trip generation data and this definition does not provide any land
use or zoning guidance.
EXHIBIT A
TITLE: TRAFFIC IMPACT POLICY
II. GENERAL CONDITIONS AND APPLICABILITY
1 -05
1. This policy is intended to provide guidance to Town staff and the development community
in implementing the provisions of the Town Municipal Code, Chapter 15, Article VII, Traffic
Impact Mitigation Fees.
2. Projects that are determined by the Town to generate one or more new net Average Daily
Trips are subject to this policy.
3. Projects that will generate 20 or more new Peak Hour Trips shall be required to complete a
comprehensive traffic impact analysis report as described in more detail in Section VI,
TRAFFIC IMPACT MITIGATION REPORT.
4. Consistent with Transportation Impact Analysis (TIA) Guidelines adopted by the Santa Clara
County Transportation Authority (VTA) Congestion Management Program, Pass -by Trips
shall not be considered in calculating the 20 new Peak Hour Trip threshold that triggers the
requirement for conducting a comprehensive traffic impact analysis report.
5. In order to determine how much new traffic a Project will generate, the Town will use
applicable trip generation rates and pass -by trip data from the most recent edition of the
Institute of Traffic Engineers (ITE) Trip Generation Manual. Alternatively, trip generation
rates from the following resources may be used if determined by the Town to be more
appropriate than the available ITE rates: San Diego Association of Governments (SanDAG);
California Department of Transportation (Caltrans); or the City of San Jose. A Town -
sponsored or peer- reviewed traffic study may also be used to determine trip generation
rates.
6. Nothing in this Policy shall prohibit or restrict a Project applicant from completing a traffic
study for a Project anticipated to generate less than 20 new Peak Hour trips.
III. TRAFFIC IMPACT MITIGATION FEES
1. All Projects that generate one or more new Average Daily Trips are required to pay Traffic
Impact Mitigation Fees.
2. All required Traffic Impact Mitigation Fees shall be paid in full to the Town in association
with and prior to issuance of a building permit. If no building permit is required, the fee
shall be paid in full prior to issuance of a certificate of use and occupancy, or similar
entitlement. The amount due shall be calculated based on the fee in place as approved by
the Town Council by resolution at the time the fee is paid.
TITLE: TRAFFIC IMPACT POLICY I PAGE: I POLICY
3o 5 1 -05
3. The per trip amount of the fee shall be as set forth by the Town Council by resolution,
pursuant to Town Municipal Code, Chapter 15, Article VII, Traffic Impact Mitigation Fees.
4. Fees shall be calculated by multiplying net new ADT by the per trip amount in place at the
time the fees are paid.
5. ADT shall be determined by using the applicable trip generation rate and pass -by trip data
from the most recent edition of the Institute of Traffic Engineers (ITE) Trip Generation
Manual. When a use is not listed in the ITE Trip Generation Manual, or where ADT data is
not available, the Town Traffic Engineer shall use available Peak Hour Trip data or select the
most appropriate trip generation rate and pass -by trip classification for use in calculating
ADT. Trip generation rates from alternate sources may be used if determined by the Town
Traffic Engineer to be more appropriate than the available ITE rates. Examples of alternate
sources of data include: San Diego Association of Governments (SanDAG); California
Department of Transportation (Caltrans); City of San Jose; comparable store /business traffic
studies.
IV. CREDIT FOR EXISTING TRIPS
1. In calculating new Peak Hour Trips for purposes of determining whether or not a traffic
impact analysis report is required pursuant to this Policy, trip credit shall be granted for an
existing use or the most recent former use within the past five years prior to submittal of a
Project application.
2. In calculating new Average Daily Trips for purposes of determining the amount of the Traffic
Impact Mitigation Fee due, trip credit shall be granted for an existing use or the most recent
former use within the past five years prior to submission of a Project application.
3. Where the property is vacant, the most recent former use within the past five years prior to
submission of a Project application shall be used. If the property has been vacant for more
than five years, no credit shall be given. Vacancy for purposes of Fee Credit shall include
any vacant or unoccupied property, structure or building where no active, approved use is
currently present.
4. Where a portion of the space is changing use, credit will apply to the proportionate square
footage of the space under review.
5. Where the change in use results in fewer trips than the existing or former use, no credit or
refund will be due the applicant.
TITLE: TRAFFIC IMPACT POLICY I PAGE: I POLICY NUMBER:
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V. CREDIT FOR TRAFFIC MITIGATION IMPROVEMENTS
1. Credit against Traffic Impact Mitigation Fees due shall be granted up to the amount of the
Estimated Project Cost shown on Attachment 1, Town of Los Gatos Traffic Mitigation
Improvements Project List, for any listed projects for which the developer, as a condition of
approval, is required to either construct at the developer's sole cost, or contribute a fixed or
percentage amount of funding toward future construction of the listed improvement.
Where construction is fully funded and completed by the developer, said credit shall be
equal to the Project Cost as shown in Attachment 1. Where payment is a fixed amount or a
percentage of Project Cost, credit shall be equal to the actual amount due, whether the
project is constructed by the developer or others.
2. No credit shall be given for any public right -of -way dedication required for completion of
projects listed on Attachment 1.
3. Credit will be given on a case -by -case basis and shall not exceed the impact fee payable.
Any request for credit shall be made prior to the payment of the Traffic Impact Mitigation
Fees. No credit shall be given for installation of Town - standard frontage improvements,
Project access improvements, or internal circulation improvements.
4. Credit shall only be granted for payment of costs or construction of projects listed in
Attachment 1, unless otherwise approved by the Town Council.
VI. TRAFFIC IMPACT ANALYSIS
1. Traffic impact analysis reports required pursuant to this policy shall be prepared consistent
with the Transportation Impact Analysis (TIA) Guidelines adopted by the Santa Clara County
Transportation Authority (VTA) Congestion Management Program (August 2009), or as such
Guidelines may be amended or updated from time to time, except that the threshold for
preparation of a traffic report under this policy is 20 new Peak Hour trips, whereas the VTA
TIA threshold is 100 new Peak Hour Trips.
2. Traffic impact analysis reports shall be funded in full by the project applicant. Project
applicants shall deposit funds with the Town in an amount deemed necessary to cover the
cost of an independent consultant report, plus staff administrative and review costs.
Following deposit of funds, the Town will hire a professional transportation consultant to
complete the required study. Alternatively, the project applicant may hire their own
professional engineering or transportation consultant to complete a traffic study, in which
case they must deposit with the Town funds sufficient for the Town to hire a professional
TITLE: TRAFFIC IMPACT POLICY
POLICY
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firm to conduct a peer review of the applicant - prepared traffic report, plus staff
administrative and review costs.
3. The Town shall conduct an open, competitive process to establish a list of firms which are
qualified to prepare traffic reports and /or conduct peer review of traffic studies under
contract to the Town. The list of firms shall be selected in accordance with the Town
Purchasing Policy. A new list shall be created at a minimum of once every five years.
VII. OTHER PROVISIONS
1. The Institute of Traffic Engineers (ITE) Trip Generation Manual trip generation rates for
Specialty Retail Center shall apply to all Specialty Retail uses as defined in this policy.
2. A secondary dwelling unit shall be exempt from this policy.
3. The Town Council may exempt housing developments for very low, low and moderate
income residents (as defined by Town Ordinance, General Plan, or statute) from all or a
portion of the traffic impact mitigation fee upon making a finding that the development
provides a significant community benefit by meeting current needs for affordable housing.
4. Uses within the Central Business District (C -2 Zone) are expected to change periodically as
part of the natural business cycle. For the purpose of Traffic Impact Fees, changes in use
without changes in net building square footage within the C -2 Zone shall not be considered
to create a traffic impact, shall be exempt from this policy, and no fees shall be charged for
a change in use. Any increases in building square footage shall pay impact fees at the ITE
Shopping Center rate or comparable equivalent rate for the expanded area, as determined
by the Town Traffic Engineer.
APPROVED AS TO FORM:
Robert Schultz, own ttorney