Desk Item�wNOF
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DATE:
1003
FROM:
MAY 19, 2014
MAYOR AND TOWN COUNCIL
GREG LARSON, TOWN MANAGER
MEETING DATE: 05/19/2014
ITEM NO: 5
DESK ITEM
SUBJECT: AMENDMENT OF TRAFFIC IMPACT MITIGATION FEES
ADOPT A RESOLUTION CONFIRMING ACTION TAKEN BY THE TOWN
COUNCIL AT A SPECIAL MEETING HELD ON MARCH 24, 2014,
AMENDING THE TOWN OF LOS GATOS TRAFFIC IMPACT MITIGATION
FEES AS PROVIDED FOR IN SECTION 15.70.035 OF THE TOWN CODE.
REMARKS:
After the distribution of the May 19, 2014 Town Council agenda, staff received inquiries from
Council, and is providing the following information:
What is the existing practice, if any, with respect to granting credits against Traffic Mitigation
Impact fees when a developer takes an action with respect to the Project List?
The current practice does not include providing credits against Traffic Mitigation Impact fees.
This has not been an issue for several reasons, including the discount that has been applied to the
fees and the lack of an established list of projects that would apply.
Generally, is the choice to undertake a project on the list voluntary or is it more often required
as mitigation under the EIR or other condition of approval?
Projects may be listed under an EIR, and in that case their completion is required. The
calculation of impact fees is separate and also non - discretionary. Because there is not a current
list of projects to credit against, both the payment of the fees and the completion of the
mitigation measure have been required. Also, there have often been "community benefit'
contributions that have funded additional projects. Finally, staff at times has required
completion of specific projects as part of the conditions of approval, outside of other payments or
construction of traffic mitigation projects. These latter two items have not been an issue as the
established discount in fees has offset these costs to the developers.
PREPARED BY: MATT MORLEYZdubeic
Director of Parks Work
Reviewed by: PSI Assistant Town Manager Town Attorney Finance
N:\PPW\ MANAGEMENT \COUNCIL \COUNCIL REPORTS\2014 Reports \051914 \TIMF Town Cowcil.De k Item.docx
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MAY 19, 2014
MAYOR AND TOWN COUNCIL
SUBJECT: AMENDMENT OF TRAFFIC IMPACT MITIGATION FEES
REMARKS (cont'd):
If there has been credit granted in the past, how has it been done -- by dollars contributed
whether the project is completed or not, or is actual completion of the project required?
Credits are not currently issued.
If the proposed credit is a new practice, what is the answer to the above question?
The credit is a new element of the fee structure to avoid double charging for the same
improvement. If the developer completes the project, the developer will receive credit for the
cost of the project as listed on the Town's project list with the credit applied to the total traffic
impact fee due for the project. This is likely to be the case where the project is completed as
mitigation under an EIR. Otherwise the developer would pay the impact fee.