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2017-011 - Amending the Traffic Impact PolicyRESOLUTION 2017 -011 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 No. 2002 -175 related to Community Benefit offerings for traffic impact mitigation; and WHEREAS, on December 6, 2016 the Town Council revised the traffic impact policy to more accurately reflect the traffic impacts from changes in use within the Central Business District (Downtown); and WHEREAS, the Town Council finds the limitation on fee credits for properties vacant for more than five years to be unnecessary and desires to remove said limitation; 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 1 -05, dated March 21, 2017 is hereby adopted. Iof2 Resolution 2017 -011 March 21, 2017 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 21" day of March, 2017 by the following vote: COUNCIL MEMBERS: AYES: Maria Jensen, Rob Rennie, Mayor Marico Sayoc NAYS: Steve Leonardis, Barbara Spector ABSENT: None. ABSTAIN: None. SIGNED: MAYOR OF THE T WN 0 S GATOS LOS GATOS, CALIF IA DATE: J— 2;Z— 17 ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: ad a,@ 2of2 Resolution 2017 -011 March 21, 2017 TITLE: Traffic Impact Policy EFFECTIVE DATE: 3/22/2017 ENABLING ACTIONS: 1991 -174; 2014- 017; 2016 -068; 2017 -011 APPROVED: I. DEFINITIONS POLICY NUMBER: 1 -05 PAGES: 5 REVISED DATES: 8/5/91; 3/24/14; 12/6/16;3/21/17 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 Q 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. TITLE: Traffic Impact Policy IL 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. 111. 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 PAGE: POLICY NUMBER: 3 of 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. 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. 3. Where the property is vacant, the most recent former use shall be used. 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. 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 TITLE: Traffic Impact Policy PAGE: POLICY NUMBER: 4 1 1 -05 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 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 TITLE: Traffic Impact Policy PAGE: POLI 5 of 5 1 -05 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. V11. 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 Ac—TO FORM: Robert Schoz,yown Attorney Attachment 1 Town of Los Gatos Traffic %Aitigation Improvements Project List So . rce GPN TP 2035 Grovnlb Project Cost Project Description (2014$) Cost Blossom Hl Rd and LINw Ave Intersection Improvements $ 1,200,000 90.00% Impact Fee Eligible Cost $ 1,080,000 GPNTP 2035 Los Gatos - Almaden Rd lmprovemeris $ 3,000,000 50.00% $ 1,500,000 GPNTP203S Los Gatos BNtl Widening - Samaritan Or to Carrino Del Sal- Road widening, new sidewalks and Ulm lanes $ 4,000,000 50.00% $ 2,000,000 GPNTP2035 Lhion Ave Widening and Sidewaers - complete ed and bike routes $ 3,000,000 50.00% $ 1,500,000 GPNTP 2035 Wood Rd Gateway on Santa Cruz Ave- roundabout $ 1,200.000 50.00% $ 800,000 GPNTP 2035 Central Traffic Si nal Control System $ 750,000 9.88% $ 72,800 GPNTP 2035 Hv y 9 Los Gatos Creek Trail connector -new path and bridge for $ 1.000.000 50.00% $ 500,000 GPMTP2035 HN y 9/N Santa Cruz Ave Intersection Improvements $ 1,400,000 90.00% $ 1,260,000 CIE Roberts Road Improvements from brill a to University S 600.000 50.00% $ 300.000 UP Pollard fined Widening from Know lea to Y ork Avenue $ 2.500,000 150.00% $ 1250000 CIP Sidewalks infill- V an Meter, Fischer and Blossom HA Schools $ 1,000,000 50.00% $ 500,000 GP Winchester Blv d,Lak Avenue Intersection lrrproverrents $ 850,000 90.00% $ 765,000 JP Westbound Lark to Hwy 17northb000dramps- addtwor ht -turn $ 3,750,000 90.00% S 3,375,000 GP Lhfunded Deferred Street Maintenance (Annual FMS Survey) $ 10,500,000 9.68% $ 1,016,40D GP Lark /LOS Gatos Intersection lmprov ements - Add TNrd Left Turn Lanes for Eastbotind and Northbound A oaches $ 1,200,000 90.00% $ 1,080,000 GP Complete Street Improvements - Larkf rom Garden Hill to Los Gatos $ 2,100,000 50.00% $ 1.050,000 GP Complete Street Improvements - SR 9 from lhivensty to Los Gatos $ 65D,000 50.00% $ 325,000 GP Complete Street Improvements - Bossom Ha Rlad from Old Blossom HII Road to Regent Onbe $ 3,000,000 50.00% S 1,500,000 GP complete Street Improvements- Knowles fromPollad to Winchester $ 2.000,000 50.00% $ 1,000,000 GP Complete Street Improvements- Winchester from dossom Hill to Lark $ 1,500,000 50.00% $ 750,000 GP Blossom Hill Road w idening over Highway 17 $ 2,000,00050.00% $ 1,000,000 GP Local Bikeway Improvements $ 750000 1S0.00% $ 375.000 Notes: Total S 47.9150.000 S 2 799 000 V7-P- Vallev Tranwortatiorr Plan. 2035 by Santa Clara VafieY TransOOrt ation AUthority Town C!P = Town d Las Gatos. Capita' frroreyemerit Pr00r m and oendino corxtruction crciwt list. Source: Tonn or LOS Gatos.