Staff Report
PREPARED BY: Lisa Petersen
Assistant Parks and Public Works Director/Town Engineer
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Parks and
Public Works Director
110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 04/16/2019
ITEM NO: 11
DATE: APRIL 8, 2019
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: APPROVE A REQUEST FOR WAIVER OF ALL TOWN TRAFFIC IMPACT
MITIGATION FEES FOR THE MARIPOSA MONTESSORI PRESCHOOL.
RECOMMENDATION:
Approve a request for waiver of all Town Traffic Impact Mitigation fees for the Mariposa
Montessori Preschool.
BACKGROUND:
Town Code Section 15, Article VII covers Town Traffic Impact fees. The Town Council has found
that new developments and expansion of uses contribute to cumulative traffic impacts. The
purpose of the Town’s Traffic Impact Mitigation Fee is to assure that each new development or
expansion pays its fair share of the transportation improvements needed to address
cumulative traffic impacts. These fees finance transportation and traffic improvements
within the Town that are identified on the Traffic Mitigation Improvement Project List, which
is approved by the Town Council.
In January, Mariposa Montessori Preschool representatives attended the Council Policy
Committee and requested that the Committee add the Traffic Impact Mitigation Fees to its
work plan. The representatives indicated that they were in the process of obtaining Planning
permits to allow an expansion of the Preschool and that the Fees would be a hardship for the
organization. In February, the Committee discussed the item and identified that the Code
states that under unusual circumstances , where the policy places an undue burden on a
developer or landowner, the Town may deviate from the policy as approved by the Town
Council. Based on this existing authority, the matter is no w before the Town Council.
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SUBJECT: APPROVE A REQUEST FOR WAIVER OF TOWN TRAFFIC IMPACT MITIGATION
FEES - MARIPOSA MONTESSORI PRESCHOOL
DATE: APRIL 8, 2019
S:\COUNCIL REPORTS\2019\04-16-19\Traffic Impact Mitigation Fees Mariposa Preschool\Staff Report FINAL.docx 4/10/2019 12:25 PM
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BACKGROUND (continued):
On March 22, 2019, Mariposa Montessori Preschool, located at 16548 Ferris Avenue,
delivered a letter to the Town (Attachment 1) explaining the request for an exemption from
paying Town Traffic Impact Mitigation Fees due to hardship .
DISCUSSION:
Mariposa Montessori is a non-profit preschool. The school is interested in expanding their
current enrollment from 50 to 70 students. The Town’s Traffic Impact Policy states that the
Town will use the applicable trip generation rates from the most recent edition of the Institute
of Transportation Engineers (ITE) Trip Generation Manual to determine trip generation rates of
development projects. Using ITE, the daily traffic increase created by the Mariposa Montessori
Preschool expansion is 80 vehicles. Based on this number, the Traffic Impact Mitigation Fee for
the project would be approximately $75,000.
Mariposa Montessori has stated that due to the recent or scheduled end of the year closures of
Green Hills Preschool, Harker Preschool, and Harwood Hills County Preschool, there is an
increased need in the community for their service. Mariposa notes that the school is working
to expand to meet this increased community need and the financial burden of paying the
Traffic Impact Mitigation Fee would limit the school’s ability to expand. In addition, the school
notes their services are non-profit and meet many of the goals outline in the Town’s adopted
General Plan (see Attachment 1).
Staff has confirmed the closures of these local preschools. Based on these closures and the
non-profit status of Mariposa Montessori, staff recommends that the Town Council approve
the request for a waiver of all Traffic Impact Fees for the Mariposa Montessori Preschool
expansion.
CONCLUSION:
Approve a request for waiver of all Town Traffic Impact Mitigation fees for the Mariposa
Montessori Preschool.
FISCAL IMPACT:
Approval of this request will waive approximately $75,000 of Town Traffic Impact Fees.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
PAGE 3 OF 3
SUBJECT: APPROVE A REQUEST FOR WAIVER OF TOWN TRAFFIC IMPACT MITIGATION
FEES - MARIPOSA MONTESSORI PRESCHOOL
DATE: APRIL 8, 2019
S:\COUNCIL REPORTS\2019\04-16-19\Traffic Impact Mitigation Fees Mariposa Preschool\Staff Report FINAL.docx 4/10/2019 12:25 PM
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Attachment:
1. Letter of Justification