Agenda packet — Los Gatos City Council, January 16, 2024 (part 6 of 7)

Los Altos ‐
pop. 31,000
RHNA 1,959 /
HE 2,598
Buffer 32%
Cert. 9/2023
p49
•SB 9 – Monitor the City’s SB 9 standards and amend standards to facilitate SB 9 applicaƟons (e.g., duplexes in single‐family zones) if the City is not on track to meet its SB 9 application goal during the planning period •Rezoning – Modify zoning to allow residenƟal or increased residenƟal intensity and/or density of residenƟal throughout Los Altos. This includes zoning amendments along higher intensity corridors and for sites within lower‐density neighborhoods* •Accessory Dwelling Units (ADUs) – Encourage and streamline . . . 322 •Junior ADUs – Develop and adopt objecƟve standards to allow more than one (at minimum two) Junior ADU per structure by July 2025. The objective is to achieve at least 10 JADUs in lower‐density neighborhoods by January 2031. 10 •Religious InsƟtuƟonal Sites –Permit 10 housing units on a religious institution/faith‐based site(s) during the 2023‐2031 planning period. . . 10
•Homesharing – Research and pursue a homesharing program. . . with the goal of five opportunities per year. 40 •If the City is not on track to meet its 150 affordable housing unit goal for the 8‐year RHNA cycle by 2027 (i.e., 75 affordable units built or in process by 2027), the City will consider alternative land use strategies and make necessary amendments to zoning or other land use documents to facilitate a variety of housing choices, including but not limited to, strategies that encourage missing middle zoning (small‐scale multi‐unit projects), adaptive reuse, and allowing additional and/or JADUs, within six months, if sufficient progress toward this quantified objective is not being met. Objective: Provide 150 housing opportunities affordable to lower income households by January 2031. Geographic Targeting: Citywide, but especially lower‐ density neighborhoods.

MH Total: 382 Units
Los Gatos ‐
pop. 31,000
RHNA 1,993 /
HE 2,371
Buffer 19%

Page 1008 ends

Comment
Number
#2a.

HCD Comment An inventory of land suitable and available for residential development, including  vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for  a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).)
Identify actions that will be taken to make sites available during the planning  period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that
could not be accommodated on  sites identified in the inventory… (Gov. Code, § 65583, subd. (c)(1).) Small Sites:

The element identifies several sites with parcels less than a half‐ acre (p. D‐13) that have common ownership and, in some cases, expressed interest to redevelop the site. For small sites with expressed interest in redevelopment, the element should clarify that the expressed interest is also in consolidating the sites. For the remaining sites (Sites D‐2 and D‐5), the element should explain the circumstances leading to the potential for consolidation such as necessity to consolidate due to access, feasibility, shape, or site planning flexibility. Based on the outcomes of this analysis, the element should add or modify Program K (Lot Consolidation) to further promote lot consolidation, if appropriate.

Response Additional narrative added to page D‐12 of Appendix D, describing property owner interest in developing multiple parcels as a single parcel, how the sites share access, parking, and the conduciveness to redevelopment as a single parcel given the lot shape and configuration.

Priority
Rating
Straight forward
Examples from
Other Certified
Housing
Elements
This comment is not applicable to other similar cities with certified Housing Elements.

Campbell ‐
pop. 44,000
RHNA 2,977 /
HE 5,311
Buffer 78%
Cert. 5/2023
Los Altos Hills ‐
pop. 8,500
RHNA 489 / HE
616 Buffer
26% Cert.
5/2023
Pleasanton ‐
pop. 78,000
RHNA 5,965 /
HE 6714 Buffer
13% Cert
9/2023
Los Altos ‐
pop. 31,000
RHNA 1,959 /
HE 2,598
Buffer 32%
Cert. 9/2023

Page 1009 ends

Los Gatos ‐
pop. 31,000
RHNA 1,993 /
HE 2,371
Buffer 19%

Page 1010 ends

Comment
Number
#2b.

HCD Comment Electronic Sites Inventory:

For your information, while the Town has submitted an electronic sites inventory as part of this submittal, pursuant to Government Code section 65583.3, the Town must submit an electronic sites inventory with its adopted housing element. Please see HCD’s housing element webpage at https://www.hcd.ca.gov/planning‐ andcommunity‐development/housing‐elements for a copy of the form and instructions. The Town can reach out to HCD at [email protected] for technical assistance.

Response N/A
Priority
Rating
For information only
Examples from
Other Certified
Housing
Elements
N/A
Campbell ‐
pop. 44,000
RHNA 2,977 /
HE 5,311
Buffer 78%
Cert. 5/2023
Los Altos Hills ‐
pop. 8,500
RHNA 489 / HE
616 Buffer
26% Cert.
5/2023
Pleasanton ‐
pop. 78,000
RHNA 5,965 /
HE 6714 Buffer
13% Cert
9/2023
Los Altos ‐
pop. 31,000
RHNA 1,959 /
HE 2,598
Buffer 32%
Cert. 9/2023
Los Gatos ‐
pop. 31,000
RHNA 1,993 /
HE 2,371
Buffer 19%

Page 1011 ends

Comment
Number
#2c.

HCD Comment Adequate Sites Programs:

As noted in the prior review, if necessary to make appropriate zoning available to accommodate the lower‐income RHNA, programs must be revised to meet all requirements pursuant to Government Code section 65583.2, subdivisions (c), (h) and (i). The element includes Programs D (Program By Right Zoning Text Amendment to Accommodate RHNA), AR (General Plan Amendment) and AS (Adequate Sites for Housing) to address these requirements. With respect to sites identified in prior planning periods, the element meets statutory requirements, but these actions must be completed by January 31, 2024.

With respect to a shortfall of adequate sites to accommodate the lower‐income RHNA, the element includes Programs AR and AS. However, the Programs commit to the appropriate zoning given the rezoning occurs after the statutory deadline of January 31, 2023. HCD understands the Town completed the rezoning after the statutory deadline and, therefore, the rezoning must meet all by right requirements pursuant to Government Code section 65583.2, subdivisions (h) and (i). Based on a cursory review, the rezoning does not appear to meet these requirements. As a result, these programs must clearly commit to meet all by‐right requirements by January 31, 2024.

In addition, please be aware, the recent California appellate decision in Martinez v. City of Clovis found that while overlays can be used in a rezone, when the base zone allows residential development, both the base zone and the overlay zone must comply with the minimum density requirements of Government Code section 65583.2, subdivision (h). The Town may need to adjust its rezoning strategy if the underlying zoning for sites that will be rezoned allows minimum densities less than 20 dwelling units per acre. Martinez v. City of Clovis (2023) 90 Cal.App.5th 193, 307 Cal.Rptr.3d 64.

Response On January 24, 2024, the Planning Commission will consider and make a recommendation on proposed amendments to the Housing Element Overlay Zone (HEOZ) Ordinance in response to the by right requirements pursuant to Government Code section 65583.2, subdivisions (h) and (i), as well as the minimum density requirements of Government Code section 65583.2, subdivision (h). The Town Council will consider the proposed HEOZ amendments at a future date.

Priority
Rating
Straight forward
Examples from
Other Certified
Housing
Elements
This comment is not applicable to other similar cities with certified Housing Elements.

Page 1012 ends

Los Altos ‐
pop. 31,000
RHNA 1,959 /
HE 2,598
Buffer 32%
Cert. 9/2023
Los Gatos ‐
pop. 31,000
RHNA 1,993 /
HE 2,371
Buffer 19%

Page 1013 ends

Comment
Number
#3a.

HCD Comment An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures... (Gov. Code, § 65583, subd. (a)(5).) Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities…(Gov. Code, § 65583, subd. (c)(3).) Land Use Controls:

HCD’s prior review found that the Town must list and evaluate development standards in the North Forty Specific Plan and High Density Residential and Commercial designation. In response, the Town has now listed development standards by each zoning district but should also analyze those development standards for impacts on housing supply and cost and most importantly, the ability to encourage maximum densities without exceptions. For example, lot coverages, heights, and setbacks in the Multifamily Residential (RM) zone; and lot coverage heights and guest parking requirements in the North Forty Specific Plan could be constraints. Based on the outcomes of a complete analysis, the element should add or modify programs to include specific commitment to review and revise these development standards as necessary.

Response Additional narrative added on pages C‐8 and C‐9 of Appendix C to identify the increased development standards, such as building height and lot coverage for sites within the HEOZ. The Housing Element already includes an action to develop standards to achieve maximum density, including reducing parking requirements.

The Town does not have a trend of meeting the maximum density, which is primarily due to developer preference.

Additional narrative added to Implementation Program J on page 10‐45 of Chapter 10 to identify a new action to establish a maximum average unit size.

Priority
Rating
Straight forward
Examples from
Other Certified
Housing
Elements
Town of Los Altos Hills, starting on page 138.

City of Campbell, starting on page H.II‐123.

Page 1014 ends

Los Altos ‐
pop. 31,000
RHNA 1,959 /
HE 2,598
Buffer 32%
Cert. 9/2023
Los Gatos ‐
pop. 31,000
RHNA 1,993 /
HE 2,371
Buffer 19%

Page 1015 ends

Comment
Number
#3b.

HCD Comment Local Processing and Permit Procedures: The element now discusses decision‐making bodies and lists approval findings for the
Architecture and Site Application. However, the element should also analyze these processes to better inform programs to address identified constraint. For example, the element mentions the decision‐making body depends on the scope of the application. The element should explain the scope, resulting decision‐making body and impacts on approval timing and certainty. In addition, the element lists approval findings and concludes some findings may be constraints then modifies Program AQ (Zoning Code Amendments) to amend approval findings (considerations). But the element should discuss which approval findings may be constraints to better inform
implementation of Program AQ.

Response Portions of the constraints section located within Appendix C specifically identify approval findings that may be considered subjective, and; therefore, Implementation Program AQ on pages 10‐67 and 10‐ 68 of Chapter 10 has been modified to include language to address subjective approval findings.

Priority
Rating
Straight forward
Examples from
Other Certified
Housing
Elements
City of Campbell, starting on page H.II‐156.

Town of Los Altos Hills, starting on page 152.

Campbell ‐
pop. 44,000
RHNA 2,977 /
HE 5,311
Buffer 78%
Cert. 5/2023
H.11‐156 This list describes the findings required for various housing projects.—Zoning Clearance (Ministerial Review):—Housing Projects Subject to Requirements: Housing projects not subject to—Administrative Site and Architectural Review Permit, Site and Architectural—Review Permit, Administrative Planned Development Permit, or Planned—Development Permit. This process includes SB‐9 applications.—Required Findings: N/A.—Administrative Site and Architectural Review Permit (CMC—21.42.050.B)—Housing Projects Subject to Requirements:——. . .—Required Findings:—1. The project will be consistent with the general plan;—2. The project will aid in the harmonious development of the—immediate area;* and—3. The project is consistent with applicable adopted design—guidelines, development agreement, overlay district, area plan,—neighborhood plan, and specific plan(s). . .

Los Altos Hills ‐
pop. 8,500
RHNA 489 / HE
616 Buffer
26% Cert.
5/2023
152 The Town’s standard residential entitlement process does not require findings to be made prior to approving single‐ family residential projects. The approval body (generally the Planning Commission) approves single‐family residential applications without requiring additional findings if the project complies with objective standards such as setbacks, height (27 feet), maximum floor area, and lot unit factor (which calculates lot area based on steepness of slope). The Town does not have a separate design review body, nor does it require housing projects to undergo design review. In 2010, the Town implemented a zoning text amendment to create a Fast‐Track process, with specific implementation guidelines, that further allows the Planning Director to expedite review and approval of housing project applications if the project complies with applicable requirements including objective zoning and subdivision standards. The Fast‐Track process also would allow such qualifying projects to be expedited regardless of the amount of public input the Town receives. With the Fast Track process in place, project approval timelines have significantly been reduced. To illustrate, 80% of new residences and rebuilds are heard at Site Development/Fast‐track public hearings, scheduled weekly and on an as‐needed basis, instead of during monthly Planning Commission meetings. . .

Pleasanton ‐
pop. 78,000
RHNA 5,965 /
HE 6714 Buffer
13% Cert
9/2023

Page 1016 ends

Los Altos ‐
pop. 31,000
RHNA 1,959 /
HE 2,598
Buffer 32%
Cert. 9/2023
Los Gatos ‐
pop. 31,000
RHNA 1,993 /
HE 2,371
Buffer 19%

Page 1017 ends

Comment
Number
#3c.(1)
HCD Comment Programs: As noted above, the element requires a complete analysis of potential governmental constraints. Depending upon the results of that analysis, the Town may need to revise or add programs and address and remove or mitigate any identified constraints. In addition, programs should be revised, as follows:
• Program D (Additional Capacity for the North Forty Specific Plan): The Program should also commit to establish or modify development standards to facilitate achieving maximum densities, regardless of the level of affordability and should specify to either remove the unit cap or increase the unit cap to allow maximum build out of each parcel, including State Density Bonus Law or other circumstances that might warrant increasing allowable densities. • Program V (Housing opportunities for Persons living with Disabilities): Given the importance of promoting housing access for persons with disabilities, the Program could be modified with a date earlier in the planning period (e.g., by December 2024).

Response Modification of the language to Implementation Program D on page 10‐41 of Chapter 10 to include an action to amend the North Forty Specific Plan to include a policy, specifying that additional units resulting from density bonus, SB 330, or other applicable State laws will not count toward the unit cap. Modification of the timing of completion for Implementation Program V on page 10‐54 of Chapter 10 to be done earlier in the planning period.

Priority
Rating
Straight forward
Examples from
Other Certified
Housing
Elements
This comment is not applicable to other similar cities with certified Housing Elements.

Page 1018 ends

Comment
Number
#3c.(2)
HCD Comment • Program AA (Reduce Parking Standards): The Program currently commits to “Initiate a study to determine specific updates…” While initiating a study and making a determination are important steps by themselves, these actions do not result in outcomes. The Program should clearly commit to amending the municipal code. For example, the Program could commit to: “Initiate a study and outreach, including with developers, and amend the Municipal Code, as follows:…” Response Modification of the language to Implementation Program AA on page 10‐57 of Chapter 10 to include a defined action.

Priority
Rating
Examples from
Other Certified
Housing
Elements
Campbell ‐
pop. 44,000
RHNA 2,977 /
HE 5,311
Buffer 78%
Cert. 5/2023
Los Altos Hills ‐
pop. 8,500
RHNA 489 / HE
616 Buffer
26% Cert.
5/2023
Pleasanton ‐
pop. 78,000
RHNA 5,965 /
HE 6714 Buffer
13% Cert
9/2023
Program 4.6
The City allows for parking reductions in certain circumstances, and state law establishes no minimum parking requirement or highly reduced parking rates for qualifying projects (e.g., state density bonus law, SB 35, AB 2097, etc.). To further reduce the impacts of parking requirements on the production of housing, the City will assess and update multi‐family parking standards citywide to establish lower rates for studios and one‐bedroom units and reduce the covered parking requirement (i.e., not require covered parking for studio and one‐bedroom units). • Responsible Agency: Planning Division
• Time Period: June 2024
• Funding Source: Planning Division Budget
Los Altos ‐
pop. 31,000
RHNA 1,959 /
HE 2,598
Buffer 32%
Cert. 9/2023
p30 Revise parking standards citywide for commercial (mixed‐use) and multi‐family residential zones to implement a sliding scale based on unit size (number of bedrooms). Multi‐family parking ratios shall be reduced to be consistent with State Density Bonus Law (Government Code §65915(p)), with no more than the following required:
− 0‐1 bedroom – one parking space
− 2‐3 bedrooms – 1.5 parking spaces
− 4 or more bedrooms – 2.5 parking spaces
− Guest Parking – 0 spaces
Lower ratios or no parking shall be required for qualifying projects pursuant to §65915(p). • Consistent with AB 2097, the City will update its parking regulations to remove minimum parking requirements on any residential, commercial, or other development projects within one half‐mile of public transit (as defined in AB 2097) unless required findings are made as specified in State law. The City will map eligible properties consistent with AB 2097 and will apply current State law even before local amendments are adopted (AB 2097 is effective January 1, 2023).

Page 1019 ends

Los Gatos ‐
pop. 31,000
RHNA 1,993 /
HE 2,371
Buffer 19%

Page 1020 ends

Comment
Number
#3c.(3)
HCD Comment • Program AQ (Zoning Code Amendments): The Program commits to apply the Housing Element Overlay Zone (HEOZ) to identified sites and modify development standards. HCD understands this action has been completed. Based on a cursory review of the Town’s Ordinance 2347, some development standards such as heights may be a constraint on achieving maximum densities. As a result, this Program should commit to monitor and evaluate these development standards, including outreach with the development community, and making adjustments, as appropriate, by a specified date.

Response Modification of the language to Implementation Program AQ on page 10‐67 of Chapter 10 to commit to monitoring and evaluating the HEOZ development standards and making adjustments as necessary.

Additional edits were made to commit to modifications to the open space and parking requirements within Implementation Program AQ based on feedback received from HCD on December 13, 2023.

Page 1021 ends

Comment
Number
#3c.(4)
HCD Comment Program AW (Story Poles and Netting Policy): While the Program now commits to revise Story Poles and Netting Policy Requirements;these requirements are constraints and impact housing costs; supply (number of units) and approval certainty and should be removed or replaced with cost effective measures to promote certainty for the developers and the community. Further, the element should evaluate the effectiveness of any future requirements or measures, and making adjustments, as necessary, by a specified date (e.g., by 2028).

Response Additional narrative added to Implementation Program AW on pages 10‐72 and 10‐73 of Chapter 10 to describe the further modifications made to the Story Pole Policy by the Town Council on December 5, 2023.

Priority
Rating
Examples from
Other Certified
Housing
Elements
Campbell ‐
pop. 44,000
RHNA 2,977 /
HE 5,311
Buffer 78%
Cert. 5/2023
Los Altos Hills ‐
pop. 8,500
RHNA 489 / HE
616 Buffer
26% Cert.
5/2023
Story Pole Policy
Town policy requires new primary residences and major additions (over 900 square feet in floor area) to be staked on site and that story poles and netting be put up to help provide the decision‐making body a visual tool to evaluate the proposed project. ADUs and SB 9 units do not require story poles as they are ministerial, and no public review is required.

The cost of story poles is does not add significantly to development in the Town. Story poles cost from $2,000 to $4,000 dollars along with a nominal rental fee. They do not constrain the supply of housing, cost, or timing and ability to achieve maximum density on lots. The Town typically requires Story Poles to be up 10‐day before a public hearing. Story poles are conducted concurrently within the required review process and do not extend time, their cost is relatively small in comparison to full entitlement and construction costs. After analysis of recent projects, story poles have not resulted in any denials, delays, or significant costs as costs reflect a fraction of a typical entitlement and therefore do not pose as a constraint to development. Story poles are not anticipated to be required for multifamily developments in the Town.

Story poles are required to be used for the following applications: . . .

Pleasanton ‐
pop. 78,000
RHNA 5,965 /
HE 6714 Buffer
13% Cert
9/2023
Los Altos ‐
pop. 31,000
RHNA 1,959 /
HE 2,598
Buffer 32%
Cert. 9/2023
Los Gatos ‐
pop. 31,000
RHNA 1,993 /
HE 2,371
Buffer 19%

Page 1022 ends

Comment
Number
#4
HCD Comment Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent... (Gov. Code, § 65583, subd. (c)(7).)
Program Q Accessory Dwelling Units (ADU): While the Program now commits to amend the ADU Ordinance, it must also commit to establish incentives such as modifying development standards (e.g., heights), pursuing funding; waiving fees beyond ADU law; proactive marketing and establishing points of contact to ease permitting processes. In addition, the Program commits to monitor production and affordability of ADUs annually but should also commit to making adjustments by a specified date (e.g., within six months) if production and affordability are not meeting assumptions.

Further, the Program should clearly commit to options beyond incentives such as rezoning if production and affordability far differs from
assumptions.

Response Modification of the language to Implementation Program Q on pages 10‐49 and 10‐50 of Chapter 10 to include a monitoring component with a schedule to develop alternative actions.

Priority
Rating
Straight forward
Examples from
Other Certified
Housing
Elements
City of Campbell, starting on page H.IV‐67.

City of Pleasanton, starting on page 29.

Page 1023 ends

Comment
Number
#5
HCD Comment Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the Housing Element, and the element shall describe this effort. (Gov. Code, § 65583, subd. (c)(9).)
Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the Town should continue to engage the community, including organizations that represent lower‐income and special needs households, by making information regularly available and considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD. HCD particularly encourages the Town to continue engaging commenters on this review. These comments contained valuable insights that can result in a more effective housing elements, especially related to programs and specific commitment. HCD’s future reviews will continue to consider the extent to which the revised element documents how the Town solicited, considered, and addressed public comments in the element. The Town’s consideration of public comments must not be limited by HCD’s findings in this
review letter.

Response Town staff will continue to engage with the community regarding the Housing Element update process by maintaining the information posted on the Housing Element update website, through posting on the Town’s various social media accounts, and evaluation of public comments received.

Priority
Rating
Straight forward
Examples from
Other Certified
Housing
Elements
This comment is not applicable to other similar cities with certified Housing Elements.

Page 1024 ends

Los Gatos ‐
pop. 31,000
RHNA 1,993 /
HE 2,371
Buffer 19%

Page 1025 ends

Comment
Number
Note
HCD Comment For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), as the Town failed to adopt a compliant housing element within 120 days of the statutory deadline (January 31, 2023); programs to rezone and make prior identified sites available or address a shortfall of capacity to accommodate the RHNA (e.g., Program D: Program By Right Zoning Text Amendment to Accommodate RHNA, Program AR: General Plan Amendment, Program AS: Sites Previously Identified) must be completed no later than one year from the statutory deadline. Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance
Response N/A
Priority
Rating
For information only
Examples from
Other Certified
Housing
Elements
N/A
Campbell ‐
pop. 44,000
RHNA 2,977 /
HE 5,311
Buffer 78%
Cert. 5/2023
Los Altos Hills ‐
pop. 8,500
RHNA 489 / HE
616 Buffer
26% Cert.
5/2023
Pleasanton ‐
pop. 78,000
RHNA 5,965 /
HE 6714 Buffer
13% Cert
9/2023
Los Altos ‐
pop. 31,000
RHNA 1,959 /
HE 2,598
Buffer 32%
Cert. 9/2023
*Loyola Corners is along Foothill Expy comprising about 15% of LA. Specific purposes for LC/SPZ Districts are as follows:

A.To maintain a neighborhood convenience commercial orientation supplemented on a limited basis with retail service and office‐administrative services uses;
B.To implement the objectives, policies and commercial center specific plan; C.To assist in the re‐establishment of business momentum for Loyola Corners; D.To protect nearby residents from unreasonable intrusions from the shopping area; E.To apply to the area delineated below:

Los Gatos ‐
pop. 31,000
RHNA 1,993 /
HE 2,371
Buffer 19%

Page 1026 ends

From: quintana < >
Sent: Tuesday, January 16, 2024 10:56 AM
To: Clerk <[email protected]>
Subject: Agenda Item 11 1/16/24 Council Meeting
Mayor Badame and Council Members,
Please refer to the following figures:
- Figure A-44. All Transit Performance Score and Connectivity Map, Los Gatos 2019 (Page A-92 of Appendix A and page 340 of tonight’s Agenda Item #11) and - Figure A-44. High Quality Transit Stops, Los Gatos, 2022 (Page A-94 of Appendix A and page 342 of tonight’s Agenda Item #11).

These differ from the Asset Maps for each Site Inventory Area in Appendix D Site Inventory, which show local transit stops.

The overall transit score of Figure A-44-page A-92 considers connectivity, access to jobs and frequency of service. While Los Gatos as a whole as a relatively low score (3.7) the areas in the east part of town (near Harwood and Blossom Hill, and Leigh and Union near Los Gatos Almaden Road have scores similar to those along the 17 corridor.

These areas may be good candidates to provide more medium density housing providing a better distribution of housing throughout Los Gatos.

There is a C-1 and Office area located on the corner of Union and Los Gatos Almaden. The C-1 area is a shopping center with a Safeway with an office building. The area immediately surrounding this center is zoned Medium Density Residential and RD, with R-1 beyond.

The wording of Program J Small Unit Housing is too general to provide an understanding of what changes are being proposed.

Lee Quintana

Page 1027 ends

From: Kathryn Janoff < >
Sent: Monday, January 15, 2024 6:32 PM
To: Jennifer Armer <[email protected]>
Subject: Draft HE comments
Hi, Jennifer:

Thank you for the hard work Staff has put into preparing the January HE draft.

This email will provide my comments on the latest draft HE. Please note that while I serve on the Planning Commission and on the Housing Element Advisory Board, I am providing these comments as a concerned resident of our Town.

Los Altos' Certified Housing Element is a particularly good example for Los Gatos as its population, demographics, and affluence are very similar to our Town. There are areas of their work to consider to bolster our response to HCD's December 1, 2023 comments.

Related to our HCD Comment #1:

RCAA: See page F-44 of Los Altos HE, Section F.2.8 Summary of Fair Housing Issues. Here Los Altos provides a summary of analysis concluding with these four primary issues and the housing needs they drive. A similar summary for Los Gatos would demonstrate to HCD a deeper analysis and understanding of why specific programs are prioritized in Los Gatos' HE.

Also, see Los Altos Program 6.G, Housing Mobility, pp 48-50. This is a much clearer discussion and consolidation of the strategies related to Housing Mobility. While LG may have similar strategies, they are found throughout the draft HE and as such do not appear to reflect the same level of commitment as Los Altos.

Related to our HCD Comment #3:

I see a few additions on page C-8 and C-9 around the topic of land use controls, specifically height. This appears to fall short of what HCD is outlined (pg. 4, Land Use Controls). If it is the case these height limits don't impede development, this would be a good place to insert the words: " based on discussions with developers . . ." Also, where does the Town "encourage maximum densities without exceptions"? We say developers' preference is to not maximize (comment matrix #3a), so we don't offer it. But this seems to be circular reasoning unless analysis of developers' intentions is more clear.

Related to our HCD Comment #5 (incorporating public comment):

Throughout their HE, Los Altos inserts the following: "based on comments received during the planning period of this Housing Element . . ." or similar language to indicate how public participation has impacted the Housing Element. (Try searching for the word "during.") December 1st response matrix: Staff should explain why comments from HCD are not applicable.

Page 1028 ends

PREPARED BY: Nicolle Burnham
Parks and Public Works Director
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL STUDY SESSION REPORT
MEETING DATE: 01/16/2024
ITEM NO: 12
DATE: December 21, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Conduct a Public Hearing for the Town’s Transportation Impact Fee Program to:
a. Adopt a Resolution to Adopt the Transportation Impact Nexus Study Dated November 2023 (including the Project List – Appendix 1 Which Serves as the Town’s Transportation Capital Improvement Plan); b. Adopt a Resolution to Update a Transportation Impact Fee to Replace the Town’s Existing Traffic Impact Mitigation Fee;
c. Introduce an Ordinance Titled “An Ordinance of the Town of Council of the Town of Los Gatos Amending Town Code Section 15, Article VII ‘Traffic Impact Mitigation Fees’”; and
d. Adopt a Resolution to Modify Town Council Policy 1-08: “Transportation Impact Policy.”
RECOMMENDATION:

Conduct a Public Hearing for the Town’s Transportation Impact Fee Program to:
a. Adopt a resolution to adopt the Transportation Impact Nexus Study dated November 2023 (including the Project List – Appendix 1 which serves as the Town’s Transportation Capital Improvement Plan) (Attachment 1);
b. Adopt a resolution to update a Transportation Impact Fee to Replace the Town’s Existing Traffic Impact Mitigation Fee (Attachment 2);
c. Introduce an ordinance titled “An Ordinance of the Town of Council of the Town of Los Gatos Amending Town Code Section 15, Article VII ‘Traffic Impact Mitigation Fees’” (Attachment 3); and
d. Adopt a resolution to modify Town Council Policy 1-08: “Transportation Impact Policy” (Attachment 5).

Page 1029 ends

PAGE 2 OF 6
SUBJECT: Conduct a Public Hearing Regarding the Town’s Transportation Impact Fee Program
DATE: December 21, 2023
BACKGROUND:

In 1987 the State of California passed Assembly Bill 1600, which was codified in Government Code Sections 66000-66025 and is commonly referred to as the Mitigation Fee Act (“the Act”).

The Act allows local governments to implement fees to defray all, or a portion of, the cost of public facilities related to development projects. In adopting fees as allowed by the Act, the following must be documented:

1. Project Effects: There must be a reasonable relationship established between the new development and the need for public facilities.

2. Benefit: There must be a reasonable relationship between new development and the use of revenue from the fee charged, meaning that the fee must be used to pay for improvements that are needed to accommodate the development.

3. Proportionality: There must be a reasonable relationship between the amount of the fee and the portion of public facilities cost associated with the new development.

In 2021, the State of California passed Assembly Bill 602, which, among other actions, amends Government Code Section 66019 and adds Section 66016.5. Effective on January 1, 2022, AB 602 requires:

1. Adoption of a Nexus Study that identifies the existing level of service, identifies new levels of service, and includes an explanation of why the new levels of service are needed;

2. The Nexus Study calculates impact fees for housing projects based on the square footage of the proposed units;

3. Large jurisdictions (defined to include cities within counties with populations over 250,000) must adopt a Capital Improvement Plan as part of the Nexus Study;

4. A 30-day public notice for a public hearing prior to adopting the Nexus Study; and

5. Nexus studies must be updated every eight years.

The Town of Los Gatos most recently updated its Nexus Study and Traffic Impact Fee (TIF) in 2014. Since that time, annual increases in the TIF have been adopted based on the Consumer Price Index.

Since early 2022, staff has been working with DKS Associates to complete a Transportation Nexus Study, update the current Traffic Impact Fee amount, and consider a Vehicle Miles Traveled Impact Fee.

On May 2, 2023, the Town Council received a report on the technical work to calculate a recommended fee for each land use type.

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PAGE 3 OF 6
SUBJECT: Conduct a Public Hearing Regarding the Town’s Transportation Impact Fee Program
DATE: December 21, 2023
BACKGROUND (continued):

On October 10, 2023, a study session was held to respond to questions that Town Council had posed at the May 2, 2023, meeting. At that October meeting, Council took a series of actions that provided the direction and feedback needed for staff to propose a Transportation Impact Fee for consideration.

On November 21, 2023, Town Council reviewed the Nexus Study, including the Project List in Appendix 1, which serves as the Town’s Transportation Capital Improvement Plan, and set a Public Hearing date of January 16, 2024.

At each of these meetings, the public was provided the opportunity to submit written and verbal comments pertaining to the Nexus Study and the Town’s proposed changes to the Traffic Impact Fee Program.

The proposed actions for this Public Hearing, if approved, would result in adoption of the Nexus Study, including the Project List which will serve as the Town’s Transportation Capital Improvement Plan, adoption of the updated Transportation Impact Fee, and adoption of ordinance changes and resolutions needed to administer the proposed fee.

DISCUSSION:

Nexus Study
Attachment 1 to this report is a draft resolution to adopt the Nexus Study prepared by DKS Associates (the consultant) on behalf of the Town of Los Gatos. Exhibit A of the Resolution in Attachment 1 includes the Nexus Study document.

In developing the Nexus Study, the Town’s various planning documents were considered, including General Plan 2020, General Plan 2040, and the General Plan 2040 Environmental Impact Report (EIR). These planning documents provided the basis for future development in the Town of Los Gatos and the traffic generation and transportation impacts that would result from that development.

Preparation of the Nexus Study also included review of the numerous transportation and traffic related planning documents that have been developed by the Town, including the Bicycle and Pedestrian Master Plan, projects included in the 2014 Nexus Study that were not completed, the Town’s Downtown Parking Roadmap, needed improvements to the Town’s Traffic Signal System, and the State Route 17/Highway 9 Congestion Relief Project. This information was used to develop a Capital Improvement List for the Town, which is shown in Appendix Section 1 of the Nexus Study document.

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PAGE 4 OF 6
SUBJECT: Conduct a Public Hearing Regarding the Town’s Transportation Impact Fee Program
DATE: December 21, 2023
DISCUSSION (continued):

The Nexus Study defines the existing level of investment that the Town is making in the transportation system, which sets the maximum justifiable fee that the Town may charge for the Transportation Impact Fee. This maximum justifiable fee was determined to be $57,907 per dwelling unit equivalent (see Table 6 on page 15 of the Nexus Study Report). This fee is based on the high level of historic investment the Town has made, and continues to make annually, in its transportation and traffic infrastructure.

Proposed Transportation Impact Fees
Based on the analysis completed in developing the Nexus Study, the fees presented in Table 1 are proposed for adoption. Attachment 2 is a resolution to adopt these fees.

Table 1. Proposed Town of Los Gatos Transportation Impact Fees, 2024 Land Use Classification Proposed Fee
Single Family Residential (per square foot)
2 $6.10
Multi-Family Residential (per square foot)
3 $6.96
Retail (per 1,000 square feet) $22,391.00
Office (per 1,000 square feet) $19,731.00
Industrial (per 1,000 square feet) $9,255.00
Notes:

1. Taken from Nexus Study by DKS Associates.

2. Single family fee is $16,051 per dwelling unit; converted to a square foot basis using an average single family residential unit size of 2,632 square feet.

3. Multi-family fee is $11,472 per dwelling unit converted to a square foot basis using an average multi- family residential unit size of 1,649 square feet.

During development of the Nexus Study, staff considered implementing a Vehicle Miles Traveled (VMT) Impact Fee separate from the Transportation Impact Fee. Adoption of separate fees is not proposed currently due to the complexity of administering two fee programs, and the fact that Valley Transportation Agency (VTA) is considering a County-wide VMT Mitigation Program.

Amendments to Town Code Section 15
In adopting the new Nexus Study and developing the updated fee program, amendments to Town Code Section 15 are required. Attachment 3 to this staff report details the proposed changes. Attachment 4 is a redline of the changes proposed to Section 15. Of note, staff is recommending:

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PAGE 5 OF 6
SUBJECT: Conduct a Public Hearing Regarding the Town’s Transportation Impact Fee Program
DATE: December 21, 2023
DISCUSSION (continued):

1. The title of this section and the name of the fee be changed to Transportation Impact Fees to reflect the inclusion of bicycle and pedestrian projects in the Project List included in Appendix 1 of the Nexus Study (i.e., the Capital Improvement Plan) rather than just traffic-related projects;

2. The method of calculating the fees has been updated to reflect the methods used in the Nexus Study and those required by AB 602; and

3. A section on credits was added, allowing deed restricted low- and very-low-income housing units to receive a 50% credit against their fees, and to allow all developments to receive credit for existing traffic from current uses of a property.

Town Council Policy 1-08 - Transportation Impact Policy In adopting the Nexus Study, certain changes to Town Council Policy 1-08 are needed.

Attachment 5 is a resolution to support adoption of the changes, and the proposed revisions to this Policy are attached to the resolution. Attachment 6 is a redline of the changes proposed to Town Policy 1-08. Specific proposed changes to the Policy include:

1. Updating the name of the fee;

2. Allowing Transportation Impact Fees to be charged on Accessory Dwelling Units of 750 square feet or larger as allowed per State Law;

3. Clarifying that residential fees are calculated based on a per square foot basis, rather than per dwelling unit;

4. Updating information about credits to be consistent with proposed Town Code Chapter 15; and

5. Replacing the project list in Attachment 2 with the Capital Improvement Plan in Appendix 1 of the Nexus Study.

CONCLUSION:

The actions proposed herein will result in the Town of Los Gatos Transportation Impact Fee being updated to reflect the Town’s capital improvement needs. The actions taken will update pertinent Town Codes and Policies in accordance with the Nexus Study.

COORDINATION:

This agenda item was coordinated with the Town Manager, Town Attorney, and the Finance Director.

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PAGE 6 OF 6
SUBJECT: Conduct a Public Hearing Regarding the Town’s Transportation Impact Fee Program
DATE: December 21, 2023
FISCAL IMPACT:

There is no fiscal impact associated with Town Council adopting the Nexus Study and updating the Transportation Impact Fee Program. If adopted, the Fee program will support funding for, and implementation of the Transportation Capital Improvement Projects defined in the Nexus Study.

ENVIRONMENTAL ASSESSMENT:

In accordance with CEQA Guidelines Section 15378(b)(4), these actions are fiscal activities and are not projects as defined in CEQA, and no further action is required.

Attachments:

1. Draft Resolution to Adopt the Nexus Study, including the Project List which serves as the Town’s Transportation Capital Improvement Plan

2. Draft Resolution to Adopt Updated Transportation Impact Fee to Replace the Town’s Existing Traffic Impact Mitigation Fee

3. Draft Ordinance Titled “An Ordinance of the Town of Council of the Town of Los Gatos Amending Town Code Section 15, Article VII ‘Traffic Impact Mitigation Fees’”

4. Redline of Proposed Changes to Town Code Section 15, Article VII

5. Draft Resolution to Modify Town Council Policy 1-08, “Transportation Impact Policy.”

6. Redline of Proposed Changes to Town Council Policy 1-08

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ATTACHMENT 1

TOWN OF LOS GATOS
RESOLUTION NO. ____ (2024)
ADOPTING THE NEXUS STUDY FOR THE 2023 UPDATE TO THE TRANSPORTATION IMPACT FEE WHEREAS, the Town has an existing traffic impact fee;
WHEREAS, the Town wishes to update the traffic impact fee to, among other things, rename it as the “transportation impact fee” and utilize the calculation methods required by AB 602 amending the state Mitigation Fee Act;
WHEREAS, Government Code Section 66016.5 requires that the Town adopt a nexus study to support changes to development impact fees;
WHEREAS, DKS Associates on behalf of the Town has prepared the Transportation Impact Fee Update Nexus Study dated November 2023 (the “Nexus Study”); WHEREAS, the Town has prepared a Capital Improvement Plan describing the improvements to be funded with the Transportation Impact Fee, which is included in the Nexus Study; WHEREAS, the Nexus Study describes the projects on which transportation impact fees are to be imposed, the reasonable relationship between the impact fees and the various types of new development, the need for new public facilities and improvements to serve the new development, sets forth a methodology for determining the relationship between new development and the needed public facilities and the estimated cost of those improvements, and otherwise satisfies the requirements of the state Mitigation Fee Act;
WHEREAS, the Town has complied with the notice and hearing requirements of state law in that the Town Council met on November 21, 2023, to schedule a noticed public hearing for January 16, 2024, and the Town mailed notice to any interested party who had filed a written request with the Town Clerk for mailed notice of a meeting on new or increased fees; WHEREAS, the Town Council held a public hearing on January 16, 2024;

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS, CALIFORNIA, HEREBY FINDS AND RESOLVES that:

1. Adoption of the Nexus Study. The Town Council hereby approves the Nexus Study, which includes the Town’s capital improvement plan, prepared by DKS Associates and dated November 2023, and attached as Exhibit A to this Resolution. The Town Council further adopts the methodology set forth in the Nexus Study for calculating and collecting the impact fees. A copy of the Nexus Study shall be on file with the Town Clerk and available during regular Town business hours for public inspection.

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ATTACHMENT 1

2. Severability. If any section subsection, subdivision, paragraph, sentence, clause, or phrase of this Resolution or any part hereof is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portion of this Resolution or any part thereof. The Town Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one ore more section, subsection, subdivision, paragraph, sentence, clause, or phrase be declared invalid or unconstitutional.

3. CEQA. Pursuant to section 15378(b)(4) of the California Environmental Quality Control Act (CEQA) Guidelines, the adoption of the Nexus Study supporting an update to the Town’s transportation impact fee is not a project subject to CEQA in that it is a government fiscal activity which does not involve any commitment to any specific project which may result in a significant impact on the environment.

4. Effective Date. This Resolution will become effective upon adoption.

RESOLUTION NO. ____ (2024) adopted by the Town Council of the Town of Los Gatos, California at a regular meeting held on January 16, 2024, by the following vote of the Town Council:

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TRANSPORTATION IMPACT FEE NEXUS REPORT
NOVEMBER 2023
DRAFT
PREPARED FOR:

TOWN OF LOS GATOS

EXHIBIT A

Page 1037 ends

TOWN OF LOS GATOS TRANSPORTATION IMPACT FEE • NEXUS STUDY • NOVEMBER 2023 2

PREPARED FOR TOWN OF LOS GATOS

PREPARED BY DKS ASSOCIATES

IN COORDINATION WITH URBAN ECONOMICS AND RINCON

Page 1038 ends

TOWN OF LOS GATOS TRANSPORTATION IMPACT FEE • NEXUS STUDY • NOVEMBER 2023 3

TABLE OF CONTENTS
INTRODUCTION AND BACKGROUND .................................................................................................................... 5 SUMMARY OF FINDINGS ......................................................................................... 5 EXISTING AND FORECASTED LAND USE .............................................................................................................. 6 TRANSPORTATION DEMAND FACTORS................................................................................................................. 6 TRANSPORTATION IMPROVEMENTS .................................................................................................................. 10 TOWN-WIDE MULTIMODAL TRANSPORTATION INFRASTRUCTURE.................................................................... 12 INVENTORY OF TOWN WIDE TRANSPORTATION INFRASTRUCTURE .............................. 12

EXISTING LEVEL OF INVESTMENT AND MAXIMUM JUSTIFIABLE FEE FOR THE TRANSPORTATION IMPACT FEE .............................................................................. 12 TRANSPORTATION IMPROVEMENTS AND COST PER DUE ............................................. 15 FEE SCHEDULE................................................................................................................................................... 16 RECOMMENDED FEE SCHEDULE .............................................................................. 16 Residential Fees per Square Foot......................................................................................................................17 Fees for Specialized Land Uses.........................................................................................................................18 COMPARABLE FEE RATES ...................................................................................... 18 PROJECTS SUBJECT TO THE FEE PROGRAM ............................................................... 20 REVENUE PROJECTIONS AND USE ........................................................................... 20 APPENDIX ......................................................................................................................................................... 22 SECTION 1. PROJECT LIST .................................................................................... 24 SECTION 2. UNIT COST DETAIL ............................................................................. 26

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TOWN OF LOS GATOS TRANSPORTATION IMPACT FEE • NEXUS STUDY • NOVEMBER 2023 4

LIST OF FIGURES
FIGURE 1: MAP OF TOWN -WIDE INFRASTRUCTURE ....................................................... 14 FIGURE 2: TIF PROJECTS ...................................................................................... 25

LIST OF TABLES
TABLE 1: EXISTING AND FORECASTED DEVELOPMENT ..................................................... 7 TABLE 2: DWELLING UNIT EQUIVALENT (DUE) RATES ..................................................... 8 TABLE 3: TRANSPORTATION DEMAND BY DWELLING UNIT EQUIVALENTS (DUES) .................... 9 TABLE 4: TRANSPORTATION IMPROVEMENT PROJECTS ................................................... 11 TABLE 5: TRANSPORTATION INFRASTRUCTURE UNIT COSTS (2022 $) ................................ 13 TABLE 6: EXISTING FACILITY STANDARD & LEVEL OF INVESTMENT .................................. 15 TABLE 7: TRANSPORTATION IMPROVEMENT COST PER DWELLING UNIT EQUIVALENT ............. 16 TABLE 8: RECOMMENDED FEE SCHEDULE ................................................................... 17 TABLE 9: CALCULATION OF RESIDENTIAL FEES PER SQUARE FOOT ................................... 17 TABLE 10: TRANSPORTATION IMPACT FEES IN COMPARABLE JURISDICTIONS ...................... 19 TABLE 11: MAXIMUM REVENUE PROJECTION ............................................................... 21

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TOWN OF LOS GATOS TRANSPORTATION IMPACT FEE • NEXUS STUDY • NOVEMBER 2023 5

INTRODUCTION AND BACKGROUND
This report documents the update of the Transportation Impact Fee (TIF) for the Town of Los Gatos. The updated fee program will fund all eligible transportation improvements based on a reasonable relationship to transportation demand impacts from new development. The TIF will fund expansion of the Town-wide multimodal transportation infrastructure. This report presents the results of the fee calculations along with supporting documentation for the nexus study prepared by DKS Associates with the assistance of Urban Economics and Rincon Associates.

SUMMARY OF FINDINGS
California local agencies may adopt impact fees under authority granted by the Mitigation Fee Act (the Act), contained in Sections 66000 to 66025 of the California Government Code. This report presents the key findings required by the act for adopting or increasing a development fee with respect to the following reasonable relationships1:

Project effects– There must be a reasonable relationship established between new development and the need for public facilities.
• This finding is based on the need to supply adequate transportation network improvements to offset transportation demand associated with new development.

Benefit – There must be a reasonable relationship between new development and the use of fee revenue for public facilities to accommodate that development. • This finding is based on the use of fee revenue for expansions to the Town-wide multimodal transportation network.

Proportionality – There must be a reasonable relationship between the amount of the fee and the portion of public facilities cost associated with new development. • This finding is based on the cost of planned improvements to Town-wide multimodal transportation infrastructure per unit of new development and ensuring that this cost per unit is not greater than the level of investment in existing infrastructure for existing development.

In addition to the above findings, the Act also requires findings regarding the purpose of the fee and a description of the public facilities to be funded by the fee:
• The purpose of the fee is to expand the Town-wide multimodal transportation network to accommodate increased demand from new development. The multimodal improvements to be funded by the fee are described under “Transportation Improvements”. 1 California Government Code, section 66001(a)(3), 66001(a)(4), and 66001(b)

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TOWN OF LOS GATOS TRANSPORTATION IMPACT FEE • NEXUS STUDY • NOVEMBER 2023 6 The proposed TIF also meets newer statutory requirements brought about by Assembly Bill 602, including preparation of a nexus study and calculation of fees for residential developments proportionate to square footage. The following additional findings are made:
a) The existing level of service is the historical level of investment made per unit of development to fund the Town’s multimodal transportation network. This level of investment will not be exceeded by the proposed fee.
b) The purpose of the fee to expand the Town-wide multimodal transportation network to accommodate increased demand from new development.
c) The funds collected by the proposed fee will be used to deliver the projects described under “Transportation Improvements”.
d) The reasonable relationship between the fee’s use and the type of development project is derived from the relative levels of transportation demand associated with each land use category.
e) The need for public facilities to be funded by the proposed fee has been documented by the adopted planning documents that serve as the source for the transportation improvements list.

EXISTING AND FORECASTED LAND USE
The proposed fee program is based on the demand for transportation infrastructure associated with new development. This section documents the additional transportation demand from new development in terms of “dwelling unit equivalents” (DUEs), a measure of transportation demand across both residential and nonresidential land use categories that is based on key travel characteristics.

Table 1 summarizes the existing and forecasted growth by type of land use. The forecasted growth is consistent with that assumed for the Town’s most recent General Plan and Housing Element.

TRANSPORTATION DEMAND FACTORS
Scaling factors based on relative levels of transportation demand are applied to the different types of land use to create a common land use unit. These common units or Dwelling Unit Equivalents (DUEs) are equivalent to the transportation demand generated by one single family residential unit. Once basic fee levels are calculated, the DUE rates are used to appropriately scale the fee across different land use categories.

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TOWN OF LOS GATOS TRANSPORTATION IMPACT FEE • NEXUS STUDY • NOVEMBER 2023 7 TABLE 1: EXISTING AND FORECASTED DEVELOPMENT
a Residential based on CA Dept. of Finance. Nonresidential based on job estimate in General Plan Background Report multiplied by employment density factors derived from trip generation data published by the Institute for Transportation Engineers (471, 307, and 637 sq. ft. per job for retail/commercial, office, and industrial, respectively). Office land use includes institutional uses.
b Nonresidential includes intensification of development on existing developed parcels and deducts loss of 19,860 square feet of existing nonresidential development (assumed to be retail/commercial) due to redevelopment. c Existing (2021) based on detached and attached single family. Growth (2022-2040) based on low and medium density residential land use categories.
d Existing (2021) includes all multi-family dwellings plus mobile homes. Growth (2022-2040) includes high density residential land use and units in mixed use and nonresidential land uses. e Accessory Dwelling Units (ADUs) of less than 750 square feet are exempt from impact fees. The number of ADUs that would be subject to the fee is estimated based on 500 ADUs, per the Housing Element, and analysis of permit data from the last 5 years showing that about 44% of ADUs have been 750 square feet or larger.

Sources: State of California, Department of Finance, E-5 Population and Housing Estimates for Cities, Counties, and the State — January 1, 2021-2022. Sacramento, California, May 2022; Institute for Transportation Engineers (ITE), Trip Generation Handbook, 11th Edition, Sept. 2021; Town of Los Gatos 2040 General Plan Background Report, March 2019, Table 2.3-14, p. 2-34; Town of Los Gatos 2040 General Plan, June 2022, Table 3-1, p. 3-4; Town of Los Gatos, Resi and ADU SF Final.xlsx (September 2023).

LAND USE EXISTING
(2021) a
GROWTH
(2022-2040) b
TOTAL
2040

RESIDENTIAL (DWELLING UNITS)
SINGLE FAMILY c 10,100 113 10,213
MULTI-FAMILY d 3,792 2,072 5,864
TOTAL 13,892 2,185 16,077
ADD ESTIMATED ACCESSORY DWELLING UNITS (ADUs) 750 SF OR LARGER SINGLE-FAMILY UNITS 113
NON-EXEMPT ADUs e 220
SINGLE-FAMILY FEEPAYING UNITS
333

NONRESIDENTIAL (BUILDING SQUARE FEET)
RETAIL/COMMERCIAL 2,633,475 367,860 3,001,335
OFFICE 3,987,091 146,548 4,133,639
INDUSTRIAL 1,061,766 157,440 1,219,206
TOTAL 7,682,332 671,848 8,354,180

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TOWN OF LOS GATOS TRANSPORTATION IMPACT FEE • NEXUS STUDY • NOVEMBER 2023 8 TABLE 2: DWELLING UNIT EQUIVALENT (DUE) RATES

LAND USE ITE LAND USE
(CODE)
AVG.

WEEKDAY

TRIP RATE

PERCENT
NEW

TRIPS A
TRIP
LENGTH

FACTOR B
DEMAND

FACTOR B

DWELLIN
G UNIT

EQUIVALE
NT

SINGLE-FAMILY
(PER DWELLING
UNIT)
Single Family
Homes (210)

9.43 100 7.9 74.50 1.00

MULTI-FAMILY
(PER DWELLING
UNIT)
Multifamily
Mid-rise (221)

6.74 100 7.9 53.25 0.71
RETAIL (PER 1,000

SQUARE FEET)
Shopping
Center (820)

37.01 78 3.6 103.92 1.40
OFFICE (PER 1,000

SQUARE FEET)
General Office
(710)

10.84 96 8.8 91.58 1.23

INDUSTRIAL (PER
1,000 SQUARE
FEET)
General Light
Industrial
(110)

4.87 98 9.0 42.95 0.58
a Includes diverted trips.
b Trip length and VMT factors provide a relative measure of transportation demand among land uses, and a reasonable method for allocating improvement costs across land use categories to calculate the impact fee. Based on factors commonly used in planning studies. Absolute values for Los Gatos may differ.

Sources: Institute for Transportation Engineers (ITE), Trip Generation, 11th Edition; San Diego Association of Governments (SANDAG), Brief Guide of Vehicular Trip Generation Rates, April 2002.

The DUE rates and travel demand factors are calculated using the daily trip rates from the 11th Edition of the Trip Generation Manual, published by the Institute of Transportation Engineers (ITE).

The details of this calculation are shown in Table 2. The DUE rates are applied to the quantities of land use growth shown in Table 1 to arrive at growth in DUEs as shown in Table 3.

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TOWN OF LOS GATOS TRANSPORTATION IMPACT FEE • NEXUS STUDY • NOVEMBER 2023 9 TABLE 3: TRANSPORTATION DEMAND BY DWELLING UNIT EQUIVALENTS (DUEs) Sources: Table 1 and Table 2.

LAND USE EXISTING DUEs
(2021)
GROWTH DUEs
(2023-2040)
TOTAL DUEs
(2040)

RESIDENTIAL
SINGLE FAMILY 10,100 333 10,433
MULTI-FAMILY 2,710 1,481 4,191
SUBTOTAL 12,810 1,814 14,624

NONRESIDENTIAL
RETAIL/COMMERCIAL 3,674 513 4,187
OFFICE 4,901 180 5,081
INDUSTRIAL 612 91 703
SUBTOTAL 9,187 784 9,971
TOTAL 21,997 2,598 24,595
SHARE 90% 10% 100%

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TOWN OF LOS GATOS TRANSPORTATION IMPACT FEE • NEXUS STUDY • NOVEMBER 2023 10

TRANSPORTATION IMPROVEMENTS
This section summarizes the projects needed to expand the transportation network to accommodate growth. A detailed list of projects may be found in the Appendix, Section 1.

Table 4 summarizes the improvements identified to expand the Town-wide circulation network to maintain the Town’s historical level of investment. Note that project cost estimates have been escalated where appropriate and historical levels of supplemental funding have been assumed to derive the costs allocated to the fee calculations. There are seven categories of projects in this list:

1. Bicycle and Pedestrian Plan Priority Projects: These projects are selected from the Bicycle and Pedestrian Master Plan of the Town of Los Gatos (Connect Los Gatos, 2020).

2. Complete Streets projects carried over from the existing traffic impact fee project list. The funding of these projects continues to be a high priority for the Town and including these projects ensures that the impact fees previously collected will be used to deliver projects from the previously planned list.

3. Lighting and Signage projects will be drawn from needs identified in the Town’s Downtown Parking Roadmap. The costs are based on delivery of about $50,000 per year in improvements.

4. Bicyclist and Pedestrian Safety Projects identified in Connect Los Gatos.

5. New bicycle and pedestrian facilities identified in Connect Los Gatos.

6. Safety and Capacity Improvements are largely associated with the Town’s estimated local match contribution to the State Route 17 (SR-17) Corridor Congestion Relief Project – Among other objectives, this project will reduce cut-through traffic through the Town of Los Gatos and features improvements to the ramp intersections as well as the freeway mainline.

While funding for final design and construction has not been finalized, it is expected to include a combination of Measure B, local funds, and other funds. Also included in this category is the Shannon Road widening and safety improvements project.

7. Upgrades to the Town’s traffic signal system – This category of projects includes signal upgrades including but not limited to; signal synchronization; signal interconnects; signal head replacements and fiber optic lines. In the past, the Town has sought and received state and federal funding for this type of project and an assumption of continued grant funding has been made for calculating costs allocated to the TIF program.

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TOWN OF LOS GATOS TRANSPORTATION IMPACT FEE • NEXUS STUDY • NOVEMBER 2023 11 TABLE 4: TRANSPORTATION IMPROVEMENT PROJECTS

CATEGORY UNFUNDED CAPITAL COSTS
($2022)
BPMP PRIORITY PROJECTS $13,201,857
COMPLETE STREETS (CARRYOVER) $3,522,227
LIGHTING AND SIGNAGE $400,000
OTHER BPMP PROJECTS - BICYCLIST AND PEDESTRIAN SAFETY $1,000,000 OTHER BPMP PROJECTS - NEW FACILITIES $2,600,000
SAFETY AND CAPACITY IMPROVEMENTS $13,382,000
TRAFFIC SIGNAL IMPROVEMENTS $8,000,000
SUBTOTAL $42,106,083
CURRENT TIF FUND BALANCE a $405,570
ALLOCATED COST FOR FEE CALCULATION $41,700,514
a Fund balance as of November 1, 2023.

Source: Connect Los Gatos, Town of Los Gatos

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TOWN OF LOS GATOS TRANSPORTATION IMPACT FEE • NEXUS STUDY • NOVEMBER 2023 12

TOWN-WIDE MULTIMODAL TRANSPORTATION INFRASTRUCTURE
This section presents the Town’s standard for multimodal transportation infrastructure based on the existing level of investment in that infrastructure. This standard is used to calculate the Transportation Impact Fee (TIF).

INVENTORY OF TOWN WIDE TRANSPORTATION INFRASTRUCTURE
The investment that the Town has made to date in its transportation network depends upon the multimodal transportation network that connects residential neighborhoods, retail and employment centers, and other destinations across and outside the Town. Streets and other transportation infrastructure that only provide access to individual residential properties and do not provide connectivity between neighborhoods are excluded from this inventory.

The Town-wide multimodal transportation infrastructure was quantified using street centerline Geographic Information System (GIS) data, the map of streets by classification published in the Town’s General Plan 2040, and online aerial photographs. The transportation network is defined as arterials and collectors that provide connectivity among different neighborhoods in Los Gatos and to regional destinations. This network includes the entire roadway curb-to-curb (vehicle travel lanes, bicycle lanes, and on street parking), as well as adjacent sidewalks, medians, traffic signals, and off-street paths. As mentioned above, the network excludes local streets used primarily for access to individual properties within specific neighborhoods.

Figure 1 shows a map of the Town’s existing citywide transportation network that is eligible for improvement or expansion projects funded by the proposed Transportation Impact Fee. Note that in addition to the collector streets shown in the map, there are some additional facilities that provide access to school sites2. These facilities function as collectors, although not formally classified as such, and would be eligible for TIF funded improvements.

EXISTING LEVEL OF INVESTMENT AND MAXIMUM JUSTIFIABLE FEE FOR THE

TRANSPORTATION IMPACT FEE
Total unit costs for transportation infrastructure are provided in Table 5. Additional details on the unit costs may be found in the Appendix, Section 2. Quantities for each component of the inventory and estimated historical level of investment per DUE are summarized in Table 6. 2 These facilities include Fischer Avenue and Roberts Road.

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TOWN OF LOS GATOS TRANSPORTATION IMPACT FEE • NEXUS STUDY • NOVEMBER 2023 13 TABLE 5: TRANSPORTATION INFRASTRUCTURE UNIT COSTS (2022 $) a) Construction costs include temporary traffic control where applicable. b) Percent of total before contingency. Includes 20% for project design, 15% for construction engineering, and 5% for project management.
c) Construction Cost*(1+Design Management%) * (1+ Contingency%). d) Cost of street lighting, water pollution prevention, street furniture and drainage not included in unit cost Source: DKS Associates

INFRASTRUCTURE
TYPE

UNIT CONSTRUCTION
COST a

DESIGN &

MANAGEMENT
COST b

CONTINGENCY TOTAL UNIT
COST c
ROADWAY Square Foot $56 40% 20% $94
SIDEWALK Square Foot $38 40% 20% $64
CURB & GUTTER Linear Foot $127 40% 20% $214
MEDIAN Square Foot $50 40% 20% $85
BICYCLE PATH Square Foot $38 40% 20% $65
BICYCLE LANE Linear Foot $8 40% 20% $14
TRAFFIC SIGNAL Intersection $654,000 40% 20% $1,098,720

Page 1049 ends

TOWN OF LOS GATOS TRANSPORTATION IMPACT FEE • NEXUS STUDY • NOVEMBER 2023 14 FIGURE 1: MAP OF TOWN-WIDE INFRASTRUCTURE

Page 1050 ends

TOWN OF LOS GATOS TRANSPORTATION IMPACT FEE • NEXUS STUDY • NOVEMBER 2023 15 TABLE 6: EXISTING FACILITY STANDARD & LEVEL OF INVESTMENT Note: All dollars in 2022 $.

Source: Table 10.

TRANSPORTATION IMPROVEMENTS AND COST PER DUE
The required projects identified to maintain the existing level of investment to accommodate future growth are summarized in Table 4. A detailed listing of transportation improvements or projects is provided in the Appendix, Section 1. Dividing the cost of the transportation improvements by the expected growth in DUEs results in the cost per DUE or recommended fee level as shown in Table 7.

INFRASTRUCTURE
TYPE

INVENTORY

EXISTING

DWELLING
UNITS

EQUIVALENTS
DUE

EXISTING

FACILITIES

STANDARD

UNITS PER
DUE
REPLACEMENT
COSTS

PER UNIT

EXISTING

LEVEL OF

INVESTMENT
($ PER DUE)
ROADWAY 11,208,202 square feet 21,997 509.5 $94 $47,936 SIDEWALK 1,481,236 square feet 21,997 67.3 $64 $4,299
CURB &
GUTTER
311,245 linear feet 21,997 14.1 $214 $3,024
MEDIAN 88,386 square feet 21,997 4.0 $85 $340

BICYCLE
PATH
244,859 square feet 21,997 11.1 $65 $718

BICYCLE
LANE
65,719 linear feet 21,997 3.0 $14 $42

TRAFFIC
SIGNAL
31 intersections 21,997 0.001 $1,098,720 $1,548
Total $57,907

Page 1051 ends

TOWN OF LOS GATOS TRANSPORTATION IMPACT FEE • NEXUS STUDY • NOVEMBER 2023 16 TABLE 7: TRANSPORTATION IMPROVEMENT COST PER DWELLING UNIT EQUIVALENT

ALLOCATED TRANSPORTATION IMPROVEMENT
COSTS
$41,700,514
GROWTH (2022-2040) IN DWELLING UNIT

EQUIVALENTS (DUES)
2,598

COST PER DUE (TRANSPORTATION

IMPROVEMENT FEE PER DUE)
$16,051
Sources: Table 5 and Table 3.

FEE SCHEDULE
This section summarizes the Town’s planned transportation improvements along with associated costs to demonstrate a reasonable relationship between new development and the use of fee revenues to accommodate that development.

The Town may adopt any fee level below the maximum justified fees, taking into account economic development policy, other policy considerations, and fee levels charged by comparable jurisdictions (see Table 11). The Town may also adopt fees with varying levels of discount by land use category based on reasonable policy considerations, such as more deeply discounting industrial fees to encourage industrial development as part of an economic development policy.

The allocated cost of the transportation capital improvements list totals $41,700,514. The full list of projects and estimated costs is provided in the Appendix, Section 1.

The estimated cost to build out the capital improvement program is summarized in Table 4. Only capital projects eligible for funding through the TIF program are listed. The estimated costs account for known funding from other sources, such as the countywide Measure B program. The included projects would improve, enhance, and/or expand the Town’s existing transportation system.

The basic fees per DUE described in the preceding sections are scaled according to relative transportation demand rates to arrive at fee schedules by type of land use. The factors scaling the fee by transportation demand (DUE rates) have been calculated using daily trip generation rates, as explained under the section titled, “Transportation Demand Factors”.

RECOMMENDED FEE SCHEDULE
The recommended fee schedule shown in Table 8 is the cost per DUE to deliver the planned Transportation Improvement projects and is below the maximum justifiable fee (historical level of investment).

Page 1052 ends

TOWN OF LOS GATOS TRANSPORTATION IMPACT FEE • NEXUS STUDY • NOVEMBER 2023 17 TABLE 8: RECOMMENDED FEE SCHEDULE

LAND USE

IMPROVEMENT

COST PER

DWELLING UNIT

EQUIVALENT

DWELLING UNIT

EQUIVALENT PER
UNIT

FEE UNIT

SINGLE-FAMILY

RESIDENTIAL
$16,051 1.00 $16,051 per dwelling unit

MULTI-FAMILY

RESIDENTIAL
$16,051 0.71 $11,472 per dwelling unit
RETAIL $16,051 1.40 $22,391 per 1,000 square
feet
OFFICE $16,051 1.23 $19,731 per 1,000 square
feet
INDUSTRIAL $16,051 0.58 $9,255 per 1,000 square
feet
Sources: Table 3 and Table 7

RESIDENTIAL FEES PER SQUARE FOOT
Per AB 602, residential fees adopted after July 1, 2022, must be charged proportionally to the size of the dwelling unit. Fees per DUE are divided by the average size of single family and multifamily units to arrive at a fee per residential square foot. The average size of single family and multi family dwelling units is derived from the five years of building permit data in Los Gatos. Note that the square footage is based on the physical coverage of the living quarters of the residential unit (i.e., does not reflect yard, garage, or other areas of the property). The resulting residential fees per square foot are summarized in Table 9.

TABLE 9: CALCULATION OF RESIDENTIAL FEES PER SQUARE FOOT a Includes ADUs of 750 or more square feet.

Source: Town of Los Gatos.

TOTAL TIF

PROGRAM FEES

AVERAGE SIZE
(SQUARE FEET)

TIF PROGRAM FEES

PER SQUARE FOOT

SINGLE FAMILY DWELLING
UNITS a
$16,051 2,632 $6.10

MULTI FAMILY DWELLING
UNITS
$11,472 1,649 $6.96

Page 1053 ends

TOWN OF LOS GATOS TRANSPORTATION IMPACT FEE • NEXUS STUDY • NOVEMBER 2023 18

FEES FOR SPECIALIZED LAND USES
Fees for development projects that do not correspond to one of the given generic land use categories may be determined by multiplying the fee per single family dwelling unit by the appropriate DUE rate and the quantity of specialized land use. The DUE rate is calculated with the applicable average weekday trip generation rate using the following formula:

DUE Rate = Average weekday trips per unit of specialized land use/ Average weekday trips per single family dwelling unit /
The transportation impact fees are given by:

Fee per single family dwelling unit * DUE rate * specialized land use quantity Example: Fees for self-storage project
Average daily trip generation rates:

Single family dwelling unit = 9.43 trips per dwelling unit (DUE) Mini warehouse or self-storage = 1.45 trips per thousand square feet (KSF) DUE Rate = 1.45/9.43 = 0.15 DUE/KSF
Fee per KSF of mini warehouse = 0.15 DUE/KSF*$16,282/DUE = $2,407 per KSF

COMPARABLE FEE RATES
When adopting a fee level, one consideration is the level of fees charged by nearby jurisdictions as well as the current transportation impact fees being collected in Los Gatos. Table 10 shows the fees charged by several South Bay jurisdictions as well as the current fee level for Los Gatos.

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TOWN OF LOS GATOS TRANSPORTATION IMPACT FEE • NEXUS STUDY • NOVEMBER 2023 19 TABLE 10: TRANSPORTATION IMPACT FEES IN COMPARABLE JURISDICTIONS a Based on $1,015 per daily trip.

Sources:

Menlo Park: Development guidelines City of Menlo Park, rates updated June 2022. San Mateo: San Mateo 2022-2023 Fee Schedule. San Carlos: City of San Carlos Development Impact Fees 2022-2023 rates (cost is assessed as $7.316*PM peak hour trips). Los Altos: City of Los Altos Proposed 2022-2023 Fees. Redwood City: Redwood City Development Fee Schedule (downtown area discounted fees not shown). Palo Alto: FY22 Impact Fee Information Sheet, $8,572.00 per net new PM peak hour trip, Charleston/Arastradero special zone discounted fees not shown. East Palo Alto: East Palo Alto Master Fee Schedule 2022, pm peak hour vehicle trip rate of $7,868.71 per trip, with internal trips percentage considered.

Mountain View: Mountain View Development Fee Schedule 2022-2023, other low-trip-generating uses are charged at $3,100.00/am and pm peak-hour trip. Cupertino: City of Cupertino Engineering Fee Schedule 2022. Gilroy: City of Gilroy 2022 Impact Fees. Morgan Hill: City of Morgan Hill Fee Schedule, 2021. Santa Clara: Santa Clara Master Fee Schedule (rates shown apply for projects entitled after Oct 22, 2018). Implementation Policy and Revenue Projections

JURISDICTION
(UPDATE YEAR)
SINGLE
FAMILY

RESIDENTIAL
PER DU

MULTIFAMILY

RESIDENTIAL
PER DU
OFFICE
(PER KSF)
RETAIL
(PER KSF)
HOTEL
(PER ROOM)
MENLO PARK $18,845 $6,352 $21,880 $12,760 $11,422
SAN MATEO $6,868 $3,468 $8,367 $27,735 $4,368
SAN CARLOS $7,243 $4,097 $8,413 $27,874 $4,390
LOS ALTOS $6,774 $4,159 $9,994 $12,409
REDWOOD CITY $1,617 $992 $2,380 $940 $945
PALO ALTO Citywide: $9,266 per net new PM peak hour trip Charleston/Arastradero district: $460/KSF commercial or $1,599 per DUE EAST PALO ALTO $2,870 $2,025 $8,360 8,360
MOUNTAIN VIEW $5,364 $3,004 $5,720 5,720 $3,317
CUPERTINO $6,797 $4,215 $19,150 10,940 $3,278
GILROY
“Low-Density”
$13,012
“High-Density”
$10,548
Low Traffic Commercial: 14,397
High Traffic Commercial:
$29,082
MORGAN HILL $3,585
>1,200SF:
$2222
<1,200: $1399
All remaining uses charged using $3,585/peak
hour trip

CITY OF SANTA
CLARA $1,391 $618 $1,610
Retail
elements
>50KSF:
$5,350
$843

CURRENT LOS
GATOS FEES a $9,571 $6,841 $1,015 per daily trip

PROPOSED LOS
GATOS FEES $16,051 $11,472 $19,731 $22,391

Page 1055 ends

TOWN OF LOS GATOS TRANSPORTATION IMPACT FEE • NEXUS STUDY • NOVEMBER 2023 20

PROJECTS SUBJECT TO THE FEE PROGRAM
The Town’s Transportation Impact Policy provides for the following:

1. Projects that are determined by the Town to generate one or more new net Average Daily Trips (ADT) are subject to the Policy (and would presumably pay into the TIF program).

2. Accessory Dwelling Units (ADUs) smaller than 750 square feet shall be exempted from the requirements of Transportation Analysis and the TIF program3.

3. The Town Council may exempt housing developments for extremely low, 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. Any such exemptions will reduce the amount of revenue expected to be collected and require additional supplemental funding sources to fully deliver the project list.

In addition, the Town’s TIF program will be subject to the requirements of California Government Code Section 66005.1, which requires a discounted fee rate reflecting lower automobile trip generation rates for qualifying housing developments. To qualify a development must be located within a half mile of a transit station (as defined in California Government Code Section 65460.1), include convenience retail uses a half mile of the housing, and limit parking spaces. Although the Town does not currently have a transit station meeting the statutory requirement, this statute may become applicable at some point in the future.

REVENUE PROJECTIONS AND USE
The amount of revenue that can be collected under the new TIF program will depend on the fee levels adopted by the Town as well as the expected growth over the planning horizon. Table 11 shows the estimated revenue to be collected by the updated TIF program assuming adoption of the recommended Transportation Improvement Fee.
3 Proposed change to current policy which exempts all ADUs.

Page 1056 ends

TOWN OF LOS GATOS TRANSPORTATION IMPACT FEE • NEXUS STUDY • NOVEMBER 2023 21 TABLE 11: MAXIMUM REVENUE PROJECTION

LAND USE TIF FEES PER UNIT EXPECTED
GROWTH

REVENUE

ESTIMATE

SINGLE FAMILY

RESIDENTIAL
$16,051 per dwelling unit 333 $5,344,918

MULTI-FAMILY

RESIDENTIAL
$11,472 per dwelling unit 2,072 $23,770,305
RETAIL $22,391 per 1,000 square
feet
368 $8,236,767
OFFICE $19,731 per 1,000 square
feet
147 $2,891,486
INDUSTRIAL $9,255 per 1,000 square
feet
157 $1,457,037
Total $41,700,514
Sources: Table 1 and Table 8.

Page 1057 ends

APPENDIX

Page 1058 ends

TOWN OF LOS GATOS TRANSPORTATION IMPACT FEE • NEXUS STUDY • NOVEMBER 2023 23

CONTENTS
SECTION 1. PROJECT LIST
SECTION 2. UNIT COST DETAIL

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TOWN OF LOS GATOS TRANSPORTATION IMPACT FEE • NEXUS STUDY • NOVEMBER 2023 24 SECTION 1. PROJECT LIST

Page 1060 ends

Town of Los Gatos TIF Project List
ID Project Name Category Source Description
Fee Program
Component
Cost Estimate
($2022)
Estimated
Funding fromOther Sources
Unfunded Cost
Allocated to TIF
Calculation
1 State Route 17 Corridor Congestion Relief Project 1 Safety and Capacity Improvements Santa Clara VTA Measure B Projects Modify the SR 17/SR 9 interchange’s on- and off-ramps Implement advance transportation technology Install traffic signals control system, traveler information system, and ramp meters TI 110,820,000 $ $ 99,738,000 $ 10,482,000 2 Shannon Rd Widening and Safety Improvements Safety and Capacity Improvements Town of Los Gatos Capital
Improvement Program
Add shoulders and retaining wall between Santa Rosa Drive and Diduca Way. TI 4,371,513 $ $ 1,471,513 $ 2,900,000
3 Union Avenue Widening and Sidewalks Complete Streets (Carryover) Carryover from previous TIF project list Add sidewalks and bike lanes between Blossom Valley Dr to Lynne Ave TI 4,226,672 $ $ 3,170,004 $ 1,056,668
4 Traffic Signal Modernization Program Traffic Signal
Town of Los Gatos Capital
Improvement Program
Smart Signals Project will modernize and upgrade the Town’s traffic signals/communications equipment to provide real‐ time data for the advanced traffic management and adaptive traffic control systems TI 20,452,114 $ $ 12,452,114 $ 8,000,000 5 Highway 17 Bicycle & Pedestrian Overcrossing BPMP Priority Projects Bicycle and Pedestrian Master Plan Overcrossing of SR‐17 south of Blossom Hill Road VMT 25,288,625 $ $ 18,966,469 $ 6,322,156 6 Kennedy Sidewalk & Bike Lanes BPMP Priority Projects Kennedy Road Add sidewalks and Class II bicycle lanes from Los Gatos Bld to Englewood Ave VMT 1,402,065 $ $ 138,740 $1,263,325
7 Sidewalk Gap Filling Projects Other BPMP Projects ‐ New Facilities Bicycle and Pedestrian Master Plan Fill gaps in sidewalks, multiple locations on Town‐wide circulation network VMT 600,000 $ $ 600,000
8 New and Expanded Bicycle and Pedestrian
Facilities (Non Priority Projects) Other BPMP Projects ‐ New Facilities Bicycle and Pedestrian Master Plan Construct new bicycle lanes, cycle tracks and multiuse paths VMT 2,000,000 $ $ 2,000,000 9 Los Gatos Almaden Road Complete Streets
Improvements Complete Streets (Carryover) Carryover from previous TIF project list Fill gaps in sidewalks between Peach Blossom Lane and
Camino del Cerro TI 4,226,672 $ $ 3,170,004 $ 1,056,668 10 Los Gatos Boulevard Multimodal Widening Complete Streets (Carryover) Carryover from previous TIF project list Add sidewalks and bicycle lanes between Samaritan Drive and Camino Del Sol TI 5,635,562 $ $ 4,226,672 $ 1,408,891
11 Parking Program Implementation Lighting and Signage Downtown Parking Roadmap Add lighting, signage, and other project elements TI 400,000 $ $ 400,000 12 Bicyle and Pedestrian Improvements Program ‐
Safety Improvements
Other BPMP Projects ‐ Bicyclist and
Pedestrian Safety
Bicycle and Pedestrian Master Plan;
Local Road Safety Plan
High visibility crosswalks, midblock crossings, pedestrian beacons, and other project elements on Town‐wide
circulation network TI 1,000,000 $ $ 1,000,000
13 Priority Projects from Bicycle and Pedestrian
Master Plan BPMP Priority Projects Bicycle and Pedestrian Master Plan Work towards implement priority projects from BPMP as
feasible VMT 11,232,751 $ $ 5,616,375 $ 5,616,375
Notes: Total: 42,106,083 $
1) Unfunded cost for this project reduced by 2023 transfer of traffic impact fee funding to project account. 11/14/2023

Page 1061 ends

TOWN OF LOS GATOS TRANSPORTATION IMPACT FEE • NEXUS STUDY • NOVEMBER 2023 25 FIGURE 2: TIF PROJECTS

Page 1062 ends

TOWN OF LOS GATOS TRANSPORTATION IMPACT FEE • NEXUS STUDY • NOVEMBER 2023 26 SECTION 2. UNIT COST DETAIL

Page 1063 ends

# Infrastructure Type Unit
Total Unit
Cost1 Total Quantity Total Cost
1 Roadway Square Foot $ 94 11,208,202 $ 1,054,467,624 2 Sidewalk Square Foot $ 64 1,481,236 $ 94,562,121 3 Curb & Gutter Linear Foot $ 214 311,245 $ 66,511,907 4 Median Square Foot $ 85 88,386 $ 7,483,786 5 Bicycle Path Square Foot $ 65 244,859 $ 15,796,361 6 Bicycle Lane* Linear Foot $ 14 65,719 $ 927,422 7 Traffic Signal** Intersection 1,098,72 $ 0 31 $ 34,060,320 Sum 1,273,809,54 $ 0
1 See Unit Cost Table for detailed information
Town of Los Gatos Impact Fee
Transportation Infrastructure Costs (2022)
P:\P\22\22046‐000 Los Gatos TIF Update\05 Analysis\03 Inventory\Los Gatos Transportation Impact Fee Unit Costs 11‐21‐2022

Page 1064 ends

# Infrastructure Type Unit Construction
Cost ($)
Design &
Management
Cost1
Contingency
Total Unit
Cost2
1 Roadway3 Square Foot 56 $ 40% 20% 94 $ 2 Sidewalk Square Foot $ 38 40% 20% 64 $ 3 Curb & Gutter Linear Foot $ 127 40% 20% 214 $ 4 Median Square Foot $ 50 40% 20% 85 $ 5 Bicycle Path Square Foot $ 38 40% 20% 65 $ 6 Bicycle Lane Linear Foot $ 8 40% 20% 14 $ 7 Traffic Signal Intersection 654,00 $ 0 40% 20% 1,098,72 $ 0 1 2 Construction Cost*(1+Design Management%)*(1+ Contingency%) 3 Cost of street lighting, water pollution prevention, street furniture and drainage not included in unit cost Transportation Infrastructure Unit Costs (2022)
Town of Los Gatos Impact Fee
Percent of total before contingency. Includes 20% for project design, 15% for construction engineering, and 5% for project management
Appendix, Section 2 ‐ 2

Page 1065 ends

DKS Associates Planning Cost Estimate
1970 Broadway Ste 740, Oakland CA 94612 Project Number
Infrastructure Type: Roadway
Date of Estimate: Jul. 9, 2022 Revision No.

Revision Date
Prepared by: Tommy Cho Revised by
No. Description Quantity Units Unit Cost Total
1 Clearing and Grubbing 1.00 SF $3.48 3.48 $
2 Remove Existing Pavement (Obliteration) 1.00 SF $6.50 6.50 $ 3 Roadway Excavation (2' depth) 0.07 CY $190.00 14.07 $ 4 Finish Grading within Right of Way 1.00 SF $0.38 0.38 $ 5 Class 2 Aggregate Base (18") 0.06 CY $196.00 11.76 $
6 Asphalt Concrete (6")(Type A, assume 150
lbs/CF) 0.04 Ton $280.00 10.50 $
7 Temporary Traffic Control 1.00 LS $4.70 4.70 $
8 Mobilization 1 LS 4.70 $ 4.70 $
CONTRACT ITEMS LESS MOBILIZATION AND TEMP TRAFFIC CONTROL (TO NEAREST 1,000) 47.00 $ Total Contract Items 56.00 $
Click here if this project is a surface treatment or overlay project.

Click here if the project schedule for this project is to be 50 days or more; also click here if this is a bridge Appendix, Section 2 ‐ 3

Page 1066 ends

DKS Associates Planning Cost Estimate
1970 Broadway Ste 740, Oakland CA 94612 Project Number
Infrastructure Type: Sidewalk
Date of Estimate: Jul. 9, 2022 Revision No.

Revision Date
Prepared by: Tommy Cho Revised by
No. Description Quantity Units Unit Cost Total
1 Clearing and Grubbing 1.00 SF $0.63 0.63 $
2 Finish Grading within Right of Way 1.00 SF $0.38 0.38 $ 3 Concrete Sidewalk 1.00 SF $28.63 28.63 $
5 Curb Ramp 0.0002 EA $5,000.00 1.00 $
6 Temporary Traffic Control 1 LS 3.10 $ 3.10 $
7 Mobilization 1 LS 3.10 $ 3.10 $
CONTRACT ITEMS LESS MOBILIZATION AND TEMP TRAFFIC CONTROL (TO NEAREST 1,000) 31 Total Contract Items 38 $
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Click here if the project schedule for this project is to be 50 days or more; also click here if this is a bridge Appendix, Section 2 ‐ 4

Page 1067 ends

DKS Associates Planning Cost Estimate
1970 Broadway Ste 740, Oakland CA 94612 Project Number
Infrastructure Type: Curb and Gutter
Date of Estimate: Jul. 9, 2022 Revision No.

Revision Date
Prepared by: Tommy Cho Revised by
No. Description Quantity Units Unit Cost Total
1 Curb and Gutter 1 LF $106.40 106 $
2 Sawcut Gutter 1 LF - $
3 Temporary Traffic Control 1 LS $10.60 11 $
4 Mobilization 1 LS $10.60 11 $
CONTRACT ITEMS LESS MOBILIZATION AND TEMP TRAFFIC CONTROL (TO NEAREST 1,000) 106 $ Total Contract Items 127 $
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Click here if the project schedule for this project is to be 50 days or more; also click here if this is a bridge Appendix, Section 2 ‐ 5

Page 1068 ends

DKS Associates Planning Cost Estimate
1970 Broadway Ste 740, Oakland CA 94612 Project Number
Infrastructure Type: Median
Date of Estimate: Jul. 9, 2022 Revision No.

Revision Date
Prepared by: Tommy Cho Revised by
No. Description Quantity Units Unit Cost Total
1 Median (Island) Paving 1.00 SF $17.00 17 $
2 Class 2 Aggregate Base (6”) 1.00 SF $4.00 4 $
3 Curb 0.20 LF $106.40 21 $
4 Temporary Traffic Control 1 LS $4.20 4 $
5 Mobilization 1 LS 4.20 $ 4 $
CONTRACT ITEMS LESS MOBILIZATION AND TEMP TRAFFIC CONTROL (TO NEAREST 1,000) 42 $ Total Contract Items 50 $
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Page 1069 ends

DKS Associates Planning Cost Estimate
1970 Broadway Ste 740, Oakland CA 94612 Project Number
Infrastructure Type: Bicycle Path (Shared Use Path)
Date of Estimate: Jul. 9, 2022 Revision No.

Revision Date
Prepared by: Tommy Cho Revised by
No. Description Quantity Units Unit Cost Total
1 Clearing and Grubbing 1.00 SF $3.48 3.48 $
2 Remove Existing Pavement (Obliteration) 1.00 SF $6.50 6.50 $ 3 Roadway Excavation (1.5') 0.06 CY $190.00 11.40 $
3 Finish Grading within Right of Way 1.00 SF $0.38 0.38 $ 4 Class 2 Aggregate Base (4") 0.02 CY $196.00 2.94 $
5 Hot Mix Asphalt (Type A) (4")(assume 150
lbs./CF) 0.03 Ton $280.00 7.00 $
6 Temporary Traffic Control 1 LS $3.20 3.20 $
7 Mobilization 1 LS 3.20 $ 3.20 $
CONTRACT ITEMS LESS MOBILIZATION AND TEMP TRAFFIC CONTROL (TO NEAREST 1,000) 32 $ Total Contract Items 38 $
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Click here if the project schedule for this project is to be 50 days or more; also click here if this is a bridge Appendix, Section 2 ‐ 7

Page 1070 ends

DKS Associates Planning Cost Estimate
1970 Broadway Ste 740, Oakland CA 94612 Project Number
Infrastructure Type: Bicycle Lane (Class II)
Date of Estimate: Jul. 9, 2022 Revision No.

Revision Date
Prepared by: Tommy Cho Revised by
No. Description Quantity Units Unit Cost Total
1 Remove existing striping 1.00 LF $2.30 2.30 $
2 Striping 1.00 LF $4.51 4.51 $
3 Signage 0.0008 EA $500.00 0.38 $
4 Temporary Traffic Control 1 LS $0.70 0.70 $
5 Mobilization 1 LS 0.70 $ 0.70 $
CONTRACT ITEMS LESS MOBILIZATION AND TEMP TRAFFIC CONTROL (TO NEAREST 1,000) 7 $ Controtal Contract Items 8 $
Click here if this project is a surface treatment or overlay project.

Click here if the project schedule for this project is to be 50 days or more; also click here if this is a bridge Appendix, Section 2 ‐ 8

Page 1071 ends

DKS Associates Planning Cost Estimate
1970 Broadway Ste 740, Oakland CA 94612 Project Number
Infrast Traffic Signal for One Intersection
Date oJul. 9, 2022 Revision No.

Revision Date
PreparTommy Cho Revised by
No. Description Quantity Units Unit Cost* Total
1 Furnish & Install Cabinet and Controller on New Foundation 1 EA $45,000.00 45,000 $ 2 Furnish and Install Fiber Switch In Controller Cabinet. 1EA $2,500.00 2 $ ,500 3 Terminate fiber optic cable in cabinet 1EA $2,500.00 2 $ ,500 4 Splice 12 Strand SMFO Cable to trunk cable in vault 1EA $1,000.00 1 $ ,000 5 Furnish & Install Opticom EVP system in signal cabinet 1EA $7,500.00 7 $ ,500 6 Furnish & Install Opticom Card Rack 1 EA $1,000.00 $ 1,000 7 Furnish & Install Opticom Detector 4 EA $1,200.00 $ 4,800 8 Furnish & Install VIVDS System, incl. cameras, comms
manager, and SDLC hub (per intersection) 1 EA $25,000.00 25,000 $ 9 Furnish & Install CCTV Camera 1EA $5,000.00 $ 5,000
10 Furnish & Install Detector Handhole 4 EA $500.00 $ 2,000 11 Furnish & Install Detector Loops (6'x6') 8EA $2,000.00 $ 16,000 12 Furnish & Install LED Countdown Pedestrian Signal Head 8EA $800.00 6 $ ,400 13 Furnish & Install Polara Navigator Pedestrian Pushbutton 8EA $1,200.00 $ 9,600 14 Furnish & Install Polara CCU in Cabinet 1 EA $4,500.00 $ 4,500 15 Furnish & Install SNS on Mast Arm 4 EA $2,000.00 $ 8,000 16 Furnish & Install LED Luminaire 4 EA $1,500.00 $ 6,000 17 Furnish & Install Photoelectric Control Unit (PEU) 1EA $500.00 $ 500 18 Furnish & Install Pull Box #5 4 EA $900.00 $ 3,600
19 Furnish & Install Pull Box #6 2 EA $1,000.00 $ 2,000 20 Furnish & Install Fiber Optic Splice Vault 1 EA $1,250.00 $ 1,250 21 Furnish and install 2" conduit with backfill and trenching 100 LF $120.00 $ 12,000 22 Furnish and install 3" conduit with backfill and trenching 1000 LF $125.00 $ 125,000 23 Furnish and install 4" conduit with backfill and trenching 100 LF $130.00 $ 13,000 24 Furnish & Install Type 1-B 4' Pole and Foundation 4EA $3,500.00 $ 14,000 25 Furnish & Install Type 1-B 10' Pole and Foundation 4EA $6,500.00 $ 26,000 26 Furnish & Install Type 28-5-100 Pole and Foundation 4EA $26,000.00 $ 104,000 27 Furnish & Install Signal Head Mount Type SV-1-T 4EA $700.00 $ 2,800 28 Furnish & Install Pedestrian Signal Head Mount SP-2-T 4EA $1,000.00 $ 4,000 29 Furnish & Install #14 Conductors 7000 LF $1.50 $ 10,500 30 Furnish & Install #10 Conductors 1500 LF $2.00 $ 3,000 31 Furnish & Install #8 Conductors 600 LF $2.50 $ 1,500 32 Furnish & Install #6 Conductors 50 LF $3.00 $ 150
33 Furnish & Install #2 Conductors 1000 LF $4.00 $ 4,000 34 Furnish & Install Detector Lead-in Cables 250 LF $3.00 $ 750 35 Furnish & Install EVP Cable (Opticom Model 138) 500 LF $3.00 $ 1,500 36 Furnish & Install CCTV Cable (CAT6) 100 LF $3.00 $ 300 37 Furnish & Install VIVDS Cable (3-wire) 500 LF $3.00 $ 1,500 38 Furnish & Install 12-strand Fiber Optic Cable 300 LF $5.00 $ 1,500 39 Furnish & Install Trace Cable (#10) 300 LF $2.00 $ 600 40 Temporary Traffic Control 1 LS $54,500.00 $ 54,500
41 Mobilization 1 LS 54,500.00 $ $ 54,500
*2020 unit costs
$ 545,000
Total Contract Items 654,000 $
CONTRACT ITEMS LESS MOBILIZATION AND TEMP TRAFFIC CONTROL, ESC TO 2022 AT 3% (TO NEAREST 1,000)
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Page 1072 ends

ATTACHMENT 2

TOWN OF LOS GATOS
RESOLUTION NO. ____ (2024)
UPDATING THE TRANSPORTATION IMPACT FEE AND AMENDING THE 2023-2024 MASTER FEE

SCHEDULE TO INCLUDE THE UPDATED FEE
WHEREAS, the Town has adopted a traffic impact fee which is used to make traffic improvements in the Town;
WHEREAS, the Town wishes to rename the traffic impact fee as the “transportation impact fee” since it will be used to make transportation improvements, which include pedestrian and bicycle improvements;
WHEREAS, the amount of the Town’s transportation impact fee is established by resolution at the Town Council;
WHEREAS, the Town’s transportation impact fee is used to make transportation improvements within the Town;
WHEREAS, the state Mitigation Fee Act imposes requirements on local jurisdictions prior to implementing increases to development impact fees; and
WHEREAS, DKS Associates on behalf of the Town has prepared the Transportation Impact Fee Update Nexus Study dated November 2023 (the “Nexus Study”); WHEREAS, the Town has prepared a Capital Improvement Plan describing the improvements to be funded with the Transportation Impact Fee, which is included in the Nexus Study; WHEREAS, the Nexus Study describes the projects on which transportation impact fees are to be imposed, the reasonable relationship between the impact fees and the various types of new development, the need for new public facilities and improvements to serve the new development, sets forth a methodology for determining the relationship between new development and the needed public facilities and the estimated cost of those improvements, and otherwise satisfies the requirements of the state Mitigation Fee Act;
WHEREAS, the Town has complied with the notice and hearing requirements of state law in that the Town Council met on November 21, 2023, to schedule a noticed public hearing for January 16, 2024, and the Town mailed notice to any interested party who had filed a written request with the Town Clerk for mailed notice of a meeting on new or increased fees; WHEREAS, the Town Council held a public hearing on January 16, 2024;

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS, CALIFORNIA, HEREBY FINDS AND RESOLVES that:

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ATTACHMENT 2

1. Mitigation Fee Act (codified at CA Government Code Sections 66000-66025) Findings. The Town Council finds that:
a. The purpose of the fee is to fund transportation improvements described in the Town’s Capital Improvement Plan.
b. The fee is used to fund transportation improvements such as roadways, pedestrian facilities, bicycle lanes, and traffic signal improvements as described in the Town’s Capital Improvement Plan.
c. There is a reasonable relationship between the fee’s use and new development, because the fee will be used to make improvements to the City’s transportation infrastructure to serve new development and the fee is imposed on all new development requiring a planning application.
d. There is a reasonable relationship between the need for transportation improvements and new development, because the fee is calculated based upon the additional transportation needs expected to be generated by each land use.

2. Adoption of the Transportation Impact Fee. The Town Council hereby approves and adopts the development impact fees for transportation improvements in accordance with the schedule set forth in Exhibit A to this Resolution.

3. Methodology for Calculation, Adjustment, and Collection of Transportation Impact Fees. The transportation impact fees shall be calculated, adjusted, and collected in accordance with the Town ordinances and Nexus Study. The amount of the transportation impact fees shall be automatically adjusted annually for inflation on July 1st of each year by the percentage change in the Consumer Price Index (Bureau of Labor Statistics, US Department of Labor for the San Francisco / Oakland / San José Metropolitan Statistical Area (or any successor index) The calculation for that annual adjustment shall be made using the month of April over the month of April in the previous year.

4. Severability. If any section subsection, subdivision, paragraph, sentence, clause, or phrase of this Resolution or any part hereof is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portion of this Resolution or any part thereof. The Town Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one ore more section, subsection, subdivision, paragraph, sentence, clause, or phrase be declared invalid or unconstitutional.

5. CEQA. Pursuant to section 15378(b)(4) of the California Environmental Quality Control Act (CEQA) Guidelines, the adoption of the resolution to approve the fee is not a project subject to CEQA in that it is a government fiscal activity which does not involve any commitment to any specific project which may result in a significant impact on the environment.

6. Effective Date. This Resolution will become effective 60 days after its adoption.

RESOLUTION NO. ____ (2024) adopted by the Town Council of the Town of Los Gatos, California at a regular meeting held on January 16, 2024, by the following vote of the Town Council:

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Exhibit A

EXHIBIT A
Transportation Impact Fee, Adopted January 16, 2024
Land Use Classification Proposed Fee
Single Family Residential (per square foot)
2 $6.10
Multi-Family Residential (per square foot)
3 $6.96
Retail (per 1,000 square feet) $22,391
Office (per 1,000 square feet) $19,731
Industrial (per 1,000 square feet) $9,255
Notes:

1. Taken from Nexus Study by DKS Associates.

2. Single family fee is $16,051 per dwelling unit; converted to square foot basis using an average single family residential size of 2,632 square feet.

3. Multi-family fee is $11,472 per dwelling unit converted to square foot basis using an average multi- family residential size of 1,649 square feet.

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Ordinance January 16, 2024
ATTACHMENT 3

DRAFT ORDINANCE

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING TOWN CODE CHAPTER 15, ARTICLE VII, ‘TRAFFIC IMPACT MITIGATION FEES’ WHEREAS, the Town’s traffic impact mitigation fees are codified at Town Code Sections

15.70.010 and following;
WHEREAS, an update to these Sections is proposed in order to update the Town’s transportation impact fee program;
WHEREAS, in accordance with Assembly Bill 602, revisions to the fee program are required to, among other things, scale the fee based on the square footage of proposed projects and adopt a nexus study and update it every eight years; NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:

SECTION I. Chapter 15, Article VII, “Traffic Impact Mitigation Fees,” of the Town Code is amended to read as follows:

TRANSPORTATION IMPACT FEES
Sec. 15.70.010. Short title.

This article shall be known as the "Town of Los Gatos Transportation Impact Fee Ordinance" and may be so cited.
(Ord. No. 1828, § I(37.01.010), 7-2-90)
Sec. 15.70.015. Purpose.
(a) The Town Council finds that all new development and expansion of uses contribute to cumulative transportation impacts. These impacts are difficult to measure and mitigate on a project-by-project basis, yet are cumulatively measurable and mitigable. Failure to expand the capacity and/or reduce the demand of the existing circulation system will cause unacceptable levels of service and congestion on streets and intersections, traffic accidents, air pollution, noise, and restrictions on access for emergency vehicles. (b) The Town Council finds that the purpose of the transportation impact fee is to assure that each new development or expansion of use pays its fair share of the transportation improvements needed to accommodate the cumulative traffic impacts.

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ATTACHMENT 3
(c) The Town Council declares the transportation improvement area shall be the Town limits to finance transportation improvements where such improvements have been identified by the Town's capital improvement plan.
(d) The Town Council has determined that transportation impact fees are necessary in order to finance transportation and traffic improvements within the transportation improvement area.
(e) These fees are in addition to project specific required capacity improvements and tripreduction measures. (Ord. No. 1828, § I(37.01.015), 7-2-90; Ord. No. 2284, § 1, 6-18-19 ) Sec. 15.70.020. Scope.

This article establishes cumulative transportation impact fees on new developments and expansion of uses authorized through the approval of minor land divisions, major subdivisions, building permits, and all zoning approvals in the Town. This article further provides for the establishment of trust funds to receive the revenues collected by the Town, and authorizes the Council to establish the inventory of capital improvement facilities for which funds may be expended and the amount of fees to be assessed, subject to periodic review. (Ord. No. 1828, § I(37.01.020), 7-2-90)
Sec. 15.70.025. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Building permit shall mean the permit issued or required by the Town for the construction of any structure pursuant to and as defined by the building code.

Development shall mean residential or nonresidential improvements on a site.

Existing development shall mean any already existing habitable residential or nonresidential building or projects which rebuild or remodel the existing development without increasing the trips generated. No fee shall be charged for existing development.

Expansion of use, to determine traffic increases, shall include any increase in the number of living units, gross floor area in a nonresidential development and/or any intensification of use which increases trips generated.

Future growth shall mean the level of future development anticipated in the Town consistent with the general plan and any applicable specific plan and shall be expressed as the difference between the existing and potential land use within the Town. Both the existing and potential land use data shall be used to estimate the number of trips arriving and/or leaving from various planning areas within the Town through the use of a trip generation rate.

Project Generated VMT shall mean the VMT generated by the development.

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Ordinance January 16, 2024
ATTACHMENT 3
Site shall mean a plot of ground consisting of one (1) or more lots or parcels on which a common improvement is proposed or exists.

Transportation improvements shall mean those improvements and related actions necessary to implement the circulation element of the Town's General Plan, any applicable specific plan, and the Town’s capital improvement plan and shall include and not be limited to:
paving, curb and gutter, sidewalks, medians with landscaping, drainage facilities, traffic signals, street lighting, signing, striping, noise walls, bicycle facilities, right-of-way and other improvements or actions necessary to mitigate significant cumulative traffic impacts.

Trip generation rate shall mean the number of vehicle trips over a weekday twenty-fourhour period generated by a particular type of land use and shall be expressed in terms of the number of acres or square feet of land for each land use category. The Town Engineer may exercise reasonable discretion to establish recommended trip generation rates for land use categories consisting of groupings of land uses having similar use and functional characteristics.

When the trip generation rate is multiplied by the amount of land, the number of trips, both incoming and outgoing, shall be estimated.

Use shall mean the purpose for which a site or structure is arranged, designed, intended, constructed, erected, moved, altered or enlarged or for which either a site or a structure is or may be occupied or maintained.
(Ord. No. 1828, § I(37.02.010), 7-2-90)
Sec. 15.70.030. Fee determination.
(a) The transportation impact fee shall be based upon the unfunded cost of the transportation improvements necessary to upgrade the traffic circulation system as identified in the Town's General Plan and capital improvements plan.
(b) The transportation impact fee shall be calculated through development of a Nexus Study that takes into account projected development for various land uses and the cost of the necessary transportation improvements to support the development. The following factors shall be included:
(1) For non-residential land uses, the transportation impact fee shall be calculated per 1000 square feet of development.
(2) For single and multi-family development, the transportation impact fee shall be calculated on a square foot basis using the average size of housing units based on building permits issued by the Town for the prior three years. (3) The Town will utilize its best efforts to maintain records for the purposes of determining credits that may be due to any particular property. However, except as otherwise specifically provided by law, the ultimate burden and responsibility for establishing entitlement to any credit shall rest with the person claiming entitlement to a credit.

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(4) Unusual circumstances may result in this policy placing an undue burden on a developer or landowner. In such cases, the Town reserves the right to enter into an agreement to deviate from the policy as may be approved by the Town Council. (Ord. No. 1828, § I(37.03.010), 7-2-90)
Sec. 15.70.035. Amount and payment of fee.
(a) The Town Council shall by resolution set forth the specific amount of transportation impact fees. These fees are subject to periodic review by the Town Council. (b) All projects which are determined by the Town Engineer to generate one or more new vehicle trips per day are required to pay the transportation impact fee. (c) The fee shall be paid in full to the Town of Los Gatos prior to issuance of the building permit for the development. If no building permit is required for a change of use, the fee shall be paid in full prior to issuance of a certificate of use and occupancy. (Ord. No. 1828, § I(37.03.015), 7-2-90; Ord. No. 2284, § 1, 6-18-19 ) Sec. 15.70.040. Credits.
(a) Developers may request credits toward transportation impact fees based on improvements proposed as part of a development project. Such requests will be reviewed by the Town Engineer in accordance with Town policy. (b) Developments that propose deed restricted low- and very-low-income housing units, as defined by the County of Santa Clara, shall receive 50% credit against the Transportation Impact Fee for those deed restricted units.

Sec. 15.70.050. Establishment of trust fund.

There is hereby established a special fund into which all transportation impact fees and any interest thereon collected pursuant to this article, shall be deposited in a separate account in a manner to avoid any commingling of the fees with other revenues and funds of the Town. (Ord. No. 1828, § I(37.04.010), 7-2-90)
Sec. 15.70.055. Use of monies in trust fund.
(a) Money in the fund established in this article shall be used solely for construction of identified transportation improvement projects.
(b) The monies in the fund shall be eligible for expenditure only for projects related to mitigating the cumulative impacts of new development. These funds cannot be used for routine repairs and maintenance.
(Ord. No. 1828, § I(37.04.015), 7-2-90; Ord. No. 2284, § 1, 6-18-19 )

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Sec. 15.70.060. Preclusion of additional mitigation measures not guaranteed.

This article shall not preclude the imposition of additional measures to address significant direct impacts of any development or expansion of use or to address otherwise unfunded transportation improvements, nor shall this article preclude adoption of statement of overriding considerations where desirable and appropriate. (Ord. No. 1828, § I(37.04.020), 7-2-90)
SECTION II. Severability.

In the event that a court of competent jurisdiction holds any Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this Section and shall not affect the validity of the remaining portions of this Section. The Town hereby declares that it would have adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Section irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences, clauses or phrases in this Section might be declared unconstitutional, preempted, or otherwise invalid.

SECTION III. CEQA.

This Ordinance is not a project subject to CEQA because it relates to the creation of a government funding mechanism which does not involve any commitment to a specific project which may result in potentially significant physical impact on the environment (CEQA Guidelines Section 15378(b)(4)).

Section IV. Publication.

In accordance with Section 36937 of the Government Code of the State of California, this Ordinance takes effect 30 days from the date of its passage. The Town Council hereby directs the City Clerk to cause this Ordinance or a summary thereof to be published or posted in accordance with Section 36933 pf the Government Code of the State of California.

SECTION V. Effective Date.

This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 16th day of January, 2024, and adopted by the Town Council of the Town of Los Gatos at its regular meeting on the ____ day of _____ 20 , by the following vote:

COUNCIL MEMBERS:

AYES:

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Ordinance January 16, 2024
ATTACHMENT 3
NAYS:

ABSENT:

ABSTAIN:

SIGNED:
_______________________________

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
___________________________________

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________

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Resolution 20 - January 16, 2024
ATTACHMENT 5
RESOLUTION 2023-xx

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 VI of the Town of Los Gatos Town Code provides for the establishment of Traffic Impact Mitigation Fees; and
WHEREAS, because the fee will be used for transportation improvements, the Policy is being revised to reference “transportation impact fees” rather than “traffic mitigation impact fees;”
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los Gatos that:

1. The Transportation Impact Policy attached as Exhibit A to this Resolution is hereby adopted and the previous Traffic Mitigation Impact Policy is rescinded.

2. Adoption of this updated Policy is not a project subject to CEQA because it can be seen with certainty that it will not have a significant impact on the environment. (CEQA Guidelines Section 15378.)
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 16th day of January, 2023, by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:
_______________________________

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:

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Resolution 20 - January 16, 2024
ATTACHMENT 5
___________________________________

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________

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1 COUNCIL POLICY MANUAL
. .

TITLE: Transportation Impact Policy
EFFECTIVE DATE: January 4, 1988
ENABLING ACTIONS: 1991-174; 2014-017,
2016-068; 2017-011
POLICY NUMBER: 1-08
PAGES: 37
REVISED DATES: 8/5/91; 3/24/14; 12/6/16;
3/21/17; 12/07/2021; 01/16/24
APPROVED:

PURPOSE
To provide guidance to Town staff and the development community in implementing the provisions of the Town Municipal Code, Chapter 15, Article VII, Transportation Impact Fees, and evaluating and mitigating California Environmental Quality Act (CEQA) transportation impacts.

SCOPE
This Policy is applicable to all land use entitlements, land use projects, and transportation improvements Town-wide.

POLICY
I. GENERAL CONDITIONS AND APPLICABILITY

1. Projects that are determined by the Town to generate one or more new net Average Daily Trips (ADT) are subject to this Policy.

2. An Accessory Dwelling Unit (ADU) of less than 750 square feet shall be exempted from the requirements of Transportation Analysis and the Traffic Impact Fees. ADU’s of 750 square feet or greater shall be charged as a prorated portion of the single family rate based on square footage.

Exhibit A

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TITLE: Transportation Impact Policy PAGE:
2 of 37
POLICY NUMBER:
1-08

3. Attachment 1- Transportation Analysis (TA) Guidelines establish a processto comprehensively and accurately analyze potentialproject effects(adverse and beneficial) on transportation facilities and services in the Town of Los Gatos and other jurisdictions. The TA Guidelinesserve three primary purposes:
• Provide an evaluation forthe California Environmental Quality Act (CEQA) significant impacts and mitigation as a part of the environmental analysis process. • Evaluate a project's consistency with the Town's General Plan. • Evaluate a project's consistency with the Santa Clara County Congestion Management Program (CMP).

11. TRANSPORTATION IMPACT FEES

1. All Projects that generate one or more new Average Daily Trips are required to pay Transportation Impact Fees, previously known as Traffic Impact Mitigation Fees.

2. All required Transportation Impact 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.

3. The fee shall be as set forth by the Town Council by resolution, pursuant to Town Municipal Code, Chapter 15, Article VII, Transportation Impact Fees.

4. Residential Fees shall be calculated by multiplying residential unit size by the per square footage fee in the adopted fee schedule. Non-residential fees shall be charged at the rate in the fee schedule.

5. Credit against Transportation Impact Fees due shall be granted up to the amount of the Estimated Project Cost shown on Attachment 2, Town of Los Gatos Transportation 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 2. 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.

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TITLE: Transportation Impact Policy PAGE:
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POLICY NUMBER:
1-08

6. No credit shall be given for any public right-of-way dedication required for completion of projects listed on Attachment 2.

7. Credit for existing development shall be determined by trips generated by the site at the time of entitlement application to the Community Development Department.

Properties not generating trips at the time of application will not receive credit.

Underutilized property or properties not generating a typical amount of trips for the existing unit type may receive a reduced credit based on actual trips generated. All credits under this section shall be at the discretion of the Town Engineer.

8. A fifty percent (50%) credit will be issued for all housing units deed restricted for extremely low- and very low-income categories. Extremely low- and very-low income categories will be as defined by the County of Santa Clara. Prior to issuing any credit on the fee the Community Development Director shall provide verification that the appropriate deed restrictions have been filed.

9. Credit may be given on a case-by-case basis to development other than low- and verylow income units and shall not exceed the impact fee payable. Credit under this section shall only be granted by Town Council. Any request for credit shall be made prior to the payment of the Transportation Impact Fees. No credit shall be given for installation of Town- standard frontage improvements, Project access improvements, or internal circulation improvements.

10. Credit shall only be granted for payment of costs or construction of projects listed in Attachment 2, unless otherwise approved by the Town Council.

Ill. VEHICLE MILES TRAVELLED CEQA MITIGATION MEASURES

1. To mitigate VMT environmental impacts, the project shall be conditioned for implementation of mitigation measures in the following categories:
• Modify the project's built environment characteristics to reduce VMT generated by the project;
• Implement transportation Demand Management (TDM) measuresto reduce VMT generated by the project; and/or
• Participate in a VMT fee program and/or VMT mitigation exchange/banking program (if they exist) to reduce VMT from the project or other land usesto achieve acceptable levels.

2. The Town is taking a Townwide approach for VMT impact mitigation. Attachment 3, VMT Reduction Actions for the Town of Los Gatos, provides a framework for mitigating VMT in the Town.

APPROVED AS TO FORM: Page 1092
i
TITLE: Transportation Impact Policy
Attachment 1 - Transportation Analysis Guidelines
PAGE:
4 of 37
POLICY NUMBER:
1-08
Town of Los Gatos
Transportation Analysis Guidelines
Table of Contents

1. Introduction............................................................................................................................. 1

1.1 Intent of TA Guidelines.......................................................................................................... 1

1.2 Environmental Evaluation ..................................................................................................... 2

1.3 Project Types......................................................................................................................... 2

1.4 CEQA and Non-CEQA Terminology........................................................................................ 3

2. Determining the Level of Transportation Analysis.................................................................. 3

2.1 CEQA Relief for Projects Consistent with General Plan or Zoning ........................................ 4

2.2 CMP Consistency Screening .................................................................................................. 4

2.3 Recommended Process and Documentation........................................................................ 4

2.4 Contact with Appropriate Town Staff ................................................................................... 4

2.5 Consultation with Other Jurisdictions................................................................................... 5

2.6 Project Trip Generation and Trip Reductions........................................................................ 5

2.6.1 Vehicle Trips................................................................................................................... 6

2.6.2 Person Trips.................................................................................................................... 6

2.6.3 Establishing Trip Generation Rates for an Unspecified Use........................................... 6

2.6.4 Credit for Existing Trips – Local Analysis........................................................................ 6

2.6.4 Credit for Existing Trips – VMT Analysis......................................................................... 7

2.7 Vehicle Miles Traveled Methods........................................................................................... 7

3. Transportation Analysis (CEQA) for Land Use Projects........................................................... 8

3.1 VMT Analysis Methods.......................................................................................................... 8

3.1.1 Regional Transportation Plan/Sustainable Communities Strategy and General Plan Consistency.............................................................................................................................. 9

3.1.2 VMT Assessment............................................................................................................ 9

3.2 VMT Significance Thresholds............................................................................................... 11

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3.3 VMT Mitigation Measures....................................................................................................11

4. Transportation Analysis (CEQA) for Transportation Projects.................................................12

5. Transportation Analysis per the Town’s Transportation Policies..........................................12

5.1 Study Area ............................................................................................................................13

5.2 Key Study Elements..............................................................................................................13

5.3 Data Collection .....................................................................................................................14

5.4 Project Site Access and Circulation Review..........................................................................16

5.5 Analysis Scenarios ................................................................................................................16

5.6 Analysis Time Periods...........................................................................................................17

5.7 Multimodal Analysis Methods .............................................................................................18

5.8 Traffic Operations Analysis...................................................................................................19

5.9 Mobility Deficiency Criteria..................................................................................................19

5.10 CMP Deficiency Criteria......................................................................................................20

5.11 Mitigation Improvements ..................................................................................................21

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6 1. Introduction
Transportation Analysis (TA) Guidelines are routinely established by jurisdictions to assess potential transportation effects of proposed projects on the local transportation system. These guidelines are intended to provide a clear and consistent technical approach to evaluating both land use and transportation infrastructure projects within Los Gatos.

These guidelines establish a process to comprehensively and accurately analyze potential project effects (adverse and beneficial) on transportation facilities and services in the Town of Los Gatos and other jurisdictions. This information is essential for decision-makers and the public when evaluating land use development and transportation infrastructure projects. These TA Guidelines serve three primary purposes:
 Provide an evaluation for the California Environmental Quality Act (CEQA) significant impacts and mitigation as a part of the environmental analysis process.  Guide the Local Transportation Analysis in evaluating a project’s consistency with the Town’s General Plan Mobility Goals.
 Evaluate a project’s consistency with the Santa Clara County Congestion Management Program (CMP).

1.1 Intent of TA Guidelines
The Town of Los Gatos General Plan 2040 seeks to “provide a well-connected transportation system that enables safe access for all transportation modes, including pedestrians, bicyclists, motorists, and transit riders of all ages and abilities.” The TA Guidelines support this goal by evaluating new projects against the policies of the latest General Plan.

For CEQA-based environmental analysis, these TA Guidelines incorporate the use of vehicle miles traveled (VMT) to disclose the effects of the project on the surrounding environment.

Town staff completed an SB 7431implementation process, which included the preparation of the SB 743 Implementation for the Town of Los Gatos (July 2020) document package. The document package provides detailed technical information pertaining to the options and data considered by the Town of Los Gatos to implement VMT as an impact criterion.

The TA Guidelines present the Town’s approach for determining the need for a transportation analysis, its content, and identifying acceptable transportation improvements for land use and transportation projects proposed within Los Gatos. The TA Guidelines establish a transportation analysis protocol for the following:
 Environmental analysis
1 Senate Bill 743 (SB 743) changed some of the transportation significance criteria under the California Environmental Quality Act (CEQA) CEQA. Specifically, vehicle level of service (LOS) is no longer used as a determinant of significant environmental impacts, and a vehicle miles traveled (VMT) analysis is required.

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7  General Plan consistency
 Congestion Management Program (CMP) evaluation
 Mobility deficiency criteria and thresholds
 Guidance on acceptable transportation improvements
Town staff will review transportation studies and reports based on the process presented in the TA Guidelines. However, each project is unique, and the TA Guidelines are not intended to be prescriptive beyond practical limits. Not all criteria and analyses described in the TA Guidelines will apply to every project. Early and consistent communication with Town staff is encouraged to confirm the type and level of analysis required for each study.

1.2 Environmental Evaluation
The TA Guidelines outline the methods and thresholds with which to evaluate projects consistent with the latest CEQA Statue & Guidelines.

The latest CEQA Statue & Guidelines include revised Appendix G Checklist questions for transportation impact evaluation. The four questions are as follows:

Would the project:
a) Conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities? b) Would the project conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b)?
c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? d) Result in inadequate emergency access?

1.3 Project Types
A TA is prepared for a project before a discretionary action is taken. The following types of projects, which involve development activity or infrastructure changes in and around the Town of Los Gatos and affect the adjacent transportation system, should be evaluated for TA requirements.
 Land use entitlements or changes in use requiring discretionary approval by Los Gatos, which include General Plan amendments, specific plans (and related amendments), zoning changes, use permits, planned developments, and tentative subdivision maps; or any modifications of use that would generate 20 or more new Peak Hour (vehicle) Trips or at the discretion of the Town’s Traffic Engineer
 Land use activity advanced by agencies other than Los Gatos that is subject to jurisdictional review under state and federal law, such as school districts, Santa Clara Valley Transportation Authority (VTA) Board of Directors, and others; or advanced within Los Gatos by agencies other than the Town and inconsistent with the Town’s General Plan.

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8  Transportation infrastructure modification or expansion, including capital improvement projects on Town roads, county roads, and state highways that may impact Town facilities and services.

1.4 CEQA and Non-CEQA Terminology
To distinguish the CEQA analysis from the non-CEQA analysis (i.e., the local transportation analysis) the analyses apply different terminologies as summarized below in Table 1.

Table 1: Comparison of Select CEQA and Non-CEQA Terms
CEQA Term Non-CEQA Term
CEQA Transportation Analysis Local Transportation Analysis Significance criteria Threshold or performance standard Significant impact Deficiency
Mitigation measure Mitigation improvement
Baseline Conditions Existing Conditions and Background
Conditions
Future Year Cumulative Conditions Cumulative Conditions

2. Determining the Level of Transportation Analysis
Unless explicitly waived by the Town, a TA may be required when any one of the following conditions is met.
 A project has the potential to create a significant transportation environmental impact under CEQA.
 A project has the potential to generate daily vehicle miles traveled greater than the Town’s General Plan future year VMT projections.
 For local transportation analysis, a project has the potential to generate 20 or more new Peak Hour (vehicle) Trips.
 A project that is not consistent with the development density established by existing zoning, community plan, or general plan policies for which an environmental impact report (EIR) was certified, per CEQA Statue & Guidelines Section 15183.  A project will alter physical or operational conditions on a Town pedestrian facility, bicycle facility, transit facility or service, or other transportation facility.  An Accessory Dwelling Unit (ADU) of 750 square feet or smaller shall be exempted from the requirements of Transportation Analysis and the

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9 Transportation Impact Fees.

In general, a TA is applicable for two to five years. After two or more years of inactivity, a TA may need to be updated to reflect changes in the study environment, including traffic growth and other circulation issues.

Nothing in the Transportation Impact Policy shall prohibit or restrict a Project applicant from completing a local transportation study for a Project anticipated to generate less than 20 new Peak Hour trips.

2.1 CEQA Relief for Projects Consistent with General Plan or Zoning Per CEQA Statue & Guidelines Section 15183, projects consistent with a general plan, zoning action, specific plan, and certified environmental impact report (EIR) would not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects. Additionally, projects consistent with a general plan, zoning action, or specific plan where cumulative impact(s) were adequately addressed in a prior EIR would not require further CEQA transportation analysis. As noted below, projects consistent with the Town’s General Plan, as determined by the Community Development Director, will not be required to do any VMT Analysis since the Town is taking a Townwide approach for VMT impact mitigation.

2.2 CMP Consistency Screening
Projects should reference the most recent VTA Transportation Impact Analysis (TIA) Guidelines to determine the need for a transportation impact analysis. In most cases, projects that generate fewer than 100 net new peak hour vehicle trips are not required to conduct VTA’s CMP transportation analysis.

2.3 Recommended Process and Documentation
In coordination with Town staff, the project applicant shall retain a transportation professional to conduct the TA. The transportation consultant should seek Town acceptance of the scope of work before initiating the analysis. In some cases, review by other affected jurisdictions will be required. Appendix A: Transportation Analysis Report Format Outline contains a recommended outline for the TA document.

Each TA will begin by preparing a scope of work that describes the project description, site location, analysis methods, area-wide assumption, study elements, study time periods, and traffic data collection methods. To finalize a TA scope of work for the local transportation analysis, the project applicant will provide an estimate of the project trip generation and trip distribution . These estimates and scope of work should be shared with Town staff to finalize the scope of services. Overall, the TA report will address: 1) environmental analysis, 2) project site access and circulation, and 3) other transportation impacts and traffic deficiencies.

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10 2.4 Contact with Appropriate Town Staff
To minimize the potential for delays in project processing, it is important for the TA to be prepared in coordination with Town staff. Timely coordination will also ensure that potential transportation improvements and environmental consequences are considered as early as possible in the planning process, as deficiencies and corresponding improvement costs can have a substantial effect on project costs. Coordination should include the following:
 A pre-application meeting, which will include a discussion of the TA requirements.  Development of an approved scope of work, which includes trip generation, study area, analysis scenarios and parameters, data requirements, and provisions for pedestrians, bicyclists, and transit users.
 Approval of the project trip generation (person and vehicle) and trip distribution.  Review of all assumptions and the results of Existing Conditions analysis.  Review of the administrative draft report, with adequate time for comments.  Review of a draft report, with adequate time for comments.

If the TA report information will be incorporated into the transportation and circulation section of an environmental document (e.g., Initial Study, Mitigated Negative Declaration, or Environmental Impact Report), the format of this report may need to be discussed with the environmental consultant, a peer reviewer, and/or Town staff. Upon circulation of the draft environmental document, the format of the final TA report may need to be discussed with the environmental consultant.

2.5 Consultation with Other Jurisdictions
If the study area overlaps with other jurisdictions, staff from other jurisdictions must be consulted to verify study locations, the impact significance criteria, and to consider any current development applications. Section 15086 of the CEQA Statue & Guidelines2shall be followed as the basis for satisfying consultation requirements. In most cases, overlap will occur for roadway system analysis, but may also include impact analysis of active transportation modes (bicycling and walking), as well as transit system facilities and services.

2.6 Project Trip Generation and Trip Reductions
Person and vehicle trip generation rates are a way to estimate the number of expected pedestrian, bicycle, transit, and vehicle trips that a proposed development will generate. These rates establish the basis of analysis for a proposed project and its effects on the transportation network. Person trip generation should be reported for walking, bicycle, and pedestrian trips, and vehicle trip generation should be reported for single-occupant, and carpool.

Methodologies to estimate project trip generation and trip reductions shall be prepared consistent with the latest VTA TIA Guidelines, with the exceptions described in this document. 2 California Environmental Quality Act Statute & Guidelines, 2020.

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11 2.6.1 Vehicle Trips
Consistent with the VTA TIA Guidelines, pass-by trips shall not be considered in calculating the 20 new Peak Hour Trip threshold that triggers the requirement for conducting a comprehensive local transportation analysis report.

The Institute of Traffic Engineers (ITE) Trip Generation Manual trip generation rates for Specialty Retail Center shall apply to all Specialty Retail.

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 Transportation 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 deficiency, 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.

The Town reserves the right to require the project sponsor to conduct local trip generation surveys for select projects, depending on land use and conditions in the field.

2.6.2 Person Trips
Person trip generation rates should be developed from empirical studies, person travel survey data, or conversion of vehicle trip rates to person trip rates using a vehicle occupancy factor. In addition, person trip generation by mode may be derived using an approved analysis tool that incorporates data from local trip generation surveys or published trip generation rate data.

2.6.3 Establishing Trip Generation Rates for an Unspecified Use For projects where the ultimate land use is not certain (for example, a large subdivision of flexible commercial-industrial parcels), there are two options for establishing the trip generation rates.
 Option 1: Town staff will recommend the use of the highest traffic intensity among all permitted uses to establish traffic deficiencies.
 Option 2: Estimates can be made using a lower traffic intensity use if the Town and developer establish a maximum trip allowance. Once a proposed land use has been identified, then: 1) the subdivision trip generation allowance must be monitored by the Town as development occurs; and 2) the TA report may need to be updated.

2.6.4 Credit for Existing Trips – Local Analysis
The estimate of new trips generated by the proposed development project may include credit for trips associated with existing uses on the site. Uses are considered as existing if they are actively present on the project site at the time that data is gathered for the transportation impact analysis. Similarly, if a planned (but not constructed) use was already permitted for the site and an improvement(s) was identified and funded, the new TA only needs to assess the

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12 effects of additional trips above and beyond the trips for the permitted use. Additionally, certain commercial land uses attract vehicle traffic that currently exists on the roadway, rather than generating new trips.

Understanding there are permitted reductions that may be taken under the circumstances listed above, the Town requires that any reductions in project vehicle trip generation are applied according to the latest VTA TIA Guidelines.

In calculating new Peak Hour Trips for purposes of determining whether or not a TA report is required pursuant to this Policy, trip credit shall be granted for an existing use or the most recent former use.

In calculating new Average Daily Trips for purposes of determining the amount of the Transportation Impact Mitigation Fee due, trip credit shall be granted for an existing use or the most recent former use.

Where the property is vacant, the most recent former use shall be used.

Where a portion of the space is changing use, credit will apply to the proportionate square footage of the space under review.

Where the change in use results in fewer trips than the existing or former use, no credit or refund will be due the applicant.

2.6.4 Credit for Existing Trips – VMT Analysis
For the evaluation of vehicle miles of travel, VMT credit for the prior use depends on how the project changes the baseline condition, if the project sponsor had ownership and control of the previous land use, and the reason for stopping the previous land use. Baseline conditions are typically defined at the beginning of an environmental analysis and a CEQA analysis needs to isolate the effects of the project to clearly define the project’s effect on the baseline condition.

To receive VMT credit, the project sponsor needs to demonstrate continuous ownership of site, with on-site occupancy paused only due to the redevelopment activity and not because of some economic or other condition outside the control of the project sponsor. However, this credit should only be applied to total project generated VMT and should not be included when calculating a VMT rate.

2.7 Vehicle Miles Traveled Methods
As noted, projects consistent with the Town’s General Plan, as determined by the Community Development Director, will not be required to do any VMT Analysis since the Town is taking a Townwide approach for VMT impact mitigation. Although the calculation of VMT is simply the number of cars multiplied by the distance traveled by each car, VMT performance measures can be reported differently. At a minimum, the VMT analysis for Los Gatos will be prepared for two purposes:

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13  Greenhouse gas and air quality analysis using project generated VMT on a VMT per service population basis (residents + employment).
 Environmental evaluation by land use and/or transportation project.

The project generated VMT from new population and employment growth and the boundary (total) VMT for a specific geographic area will be prepared using the latest Santa Clara Valley Transportation Authority (VTA)-City/County Association of Governments of San Mateo County (C/CAG) Bi-County Model (“VTA Travel Model”). Because emissions rates vary by vehicle speed, the project generated VMT and total VMT should be disaggregated by speed bin (typically in five mile an hour increments of speed from 0 to ~80 miles per hour) to allow different emissions factors to be applied at different speeds, which allows for the preparation of a more refined emissions analysis.

3. Transportation Analysis (CEQA) for Land Use Projects For an environmental analysis, these TA Guidelines incorporate the use of vehicle miles traveled (VMT) to disclose the effects of the project on the environment. Town staff completed an SB 743 implementation process, which included the preparation of the SB 743 Implementation for the Town of Los Gatos (July 2020) document package. The document package provides detailed technical information pertaining to the options and data considered by the Town of Los Gatos to implement VMT as an impact criterion.

At its November 17, 2020 meeting, the Town Council adopted Resolution 2020-045, Designating the Use of Vehicle Miles Traveled as the Metric for Conducting Transportation Analyses Pursuant to the California Environmental Quality Act and Establishing the Thresholds of Significance to Comply with California Senate Bill 743.

The CEQA Statue & Guidelines allow exemptions to projects meeting certain criteria. Project applicant may review the exemptions before preparing CEQA analysis for projects.

Based on the Town’s implementation of SB 743, the following methods should be used to determine VMT impact thresholds and mitigation requirements for land use projects.

3.1 VMT Analysis Methods
The Town elected to conduct a complete VMT analysis consistent with the General Plan future year VMT projections based on long-term expectations for air quality and GHG expectations as part of its General Plan EIR, so that it could make specific use of CEQA Statue & Guidelines Section 15183 to streamline project-specific CEQA analysis that is consistent with its General Plan and other Town documents. For the Town of Los Gatos, addressing transportation VMT impacts in the Town General Plan EIR is a useful way of understanding VMT impacts and how VMT reduction should be balanced against other community values related to the environment, social justice, and the community. By conducting a Town-wide VMT impact analysis, the Town is able to develop a program-based VMT mitigation approach. The concept of a ‘program’ approach to impact mitigation is commonly used in a variety of technical subjects, including

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14 transportation, air quality, GHG, and habitat. Absent a new program-level VMT mitigation approach, there are limited feasible mitigation options for project sites, and as a result limited ability to reduce VMT. Also, practically speaking, without feasible mitigation, significant VMT impacts would be significant and unavoidable (SAU). Under these circumstances, a project must prepare an EIR, thus adding time and cost to environmental review compared to an initial study/negative declaration (IS/ND) that relies on streamlining offered in the CEQA Statue & Guidelines.

Should a project not be consistent with the General Plan, as determined by the Community Development Director, or for some other reason unable to benefit from streamlined CEQA review under CEQA Statue & Guidelines Section 15183, the following sections provide details on how to conduct a complete VMT analysis for land use plans and projects in the Town of Los Gatos.

3.1.1 Regional Transportation Plan/Sustainable Communities Strategy and General Plan Consistency
The first step in assessing project impacts is to determine if the project land use is contained within the Town of Los Gatos residential and non-residential land use allocations in the current Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS), and if the project is consistent with the latest General Plan. If the project is not consistent with the RTP/SCS and/or the latest General Plan, amendments to those documents or the project would be needed prior to proceeding with the project review.

3.1.2 VMT Assessment
Projects not consistent with the current RTP/SCS or the latest General Plan are required to complete a VMT analysis using the VTA Travel Model to determine if there would be a significant VMT impact. The tools and methodology of the VMT analysis shall be approved by PPW Director (or Traffic Engineer). The impact analysis includes two types of VMT:

1. Total Project Generated VMT – Daily VMT of all vehicle trips, vehicle types, and trip purposes for all project land uses, presented as a total project generated VMT.

2. Project’s Effect on VMT within the Town of Los Gatos. VMT that occurs within the Town of Los Gatos by any type of vehicle. This captures all on-road vehicle travel on a roadway network for any purpose, and includes local trips as well as trips that pass through the area without stopping.

If the land use control totals increase between the without and with project conditions in the travel model, these VMT metrics will need to be expressed on a per service population (residents, employees, and other populations generating the VMT) basis to understand the effects of the project between scenarios.

The types of VMT analysis are evaluated for the following scenarios:

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15  Baseline Conditions – Conditions in the baseline year for the CEQA analysis, which is most often chosen as the time of notice of preparation (NOP) of an environmental document, but may be chosen as the baseline year of the VTA Travel Model, if land use and transportation network conditions can be considered largely unchanged between the model baseline year and the date of the NOP. For compliance with the CEQA Statute & Guidelines Section 15125(a), the transportation impact analysis must include a description of the physical environmental conditions near the project, as they exist at the time the NOP is published, or if no NOP is published, at the time environmental analysis is commenced, from both a local and regional perspective. Baseline VMT estimates will be prepared using the most recent base year VTA Travel Model.  Baseline with Project Conditions – The project land use is added to the project Transportation Analysis Zone (TAZ), or a separate TAZ may be created to contain the project land uses. A full model run is performed and VMT changes (by metric of choice) are isolated for the project TAZ and across the full model network. The model output must include reasonableness checks of the production and attraction balancing to ensure the project effect is accurately captured. If this scenario results in a less-thansignificant impact, then additional cumulative scenario analysis may not be required.  Future Year Cumulative Conditions – Conditions requiring an RTP/SCS and/or General Plan amendment are also required to evaluate the project effect on VMT under Future Year Cumulative Conditions. This scenario buildout of the region’s land use and transportation system also provides the long-range view of future travel patterns.

Future Year Cumulative Conditions VMT estimates should be based on the horizon year of the most recent VTA Travel Model, ensuring the model does not already contain the land uses or transportation improvements associated with the project.  Future Year Cumulative with Project Conditions – The project land use is added to the project TAZ, or a separate TAZ is created to contain the project land uses. The addition of project land uses may be accompanied by a reallocation of a similar amount of land use from other TAZs throughout the model area (focusing on Santa Clara County), especially if the proposed project is significant in size such that it would potentially reduce the potential for development throughout the rest of the model area. Land use projects will generally not change the Future Year Cumulative Conditions control totals for population and employment growth within the model area. Instead, they will influence the land use supply through changes in General Plan land use designations and zoning. If project land uses are simply added to the Future Year Cumulative Conditions scenario, then the analysis should reflect this limitation in the methods and acknowledge that the analysis may overestimate the project’s effect on VMT. A full model run is performed and VMT changes (by metric of choice) would be isolated for the project TAZ and across the full model network. The model output must include reasonableness checks of the production and attraction balancing to ensure the project effect is accurately captured.

The model output should include the two VMT metrics listed earlier: 1) total project generated VMT, and 2) project’s effect on VMT using the total boundary VMT. Emissions vary by speed bin; disaggregating VMT by speed bin allows different emissions factors to be applied at

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16 different speeds, which allows for the preparation of a more refined emissions analysis. The total boundary VMT is needed as an input for air quality, greenhouse gas (GHG), and energy impact analysis, while the project generated VMT metrics are used for the transportation impact analysis.

Both “with project” scenarios noted above will summarize the two types of VMT and be compared to the without project condition.

Project generated VMT should be extracted from the VTA Travel Model by combining either the origin-destination (for total VMT) or production-attraction (for the other metrics) trip matrices and congested skims (travel distances for each origin-destination pair in the travel mode) from final assignment. The VMT should be adjusted to reflect trips that extend beyond the model boundary. The project’s effect on VMT should be estimated using the Town limit boundary and extracting the total link-level VMT for both the without and with project conditions. Additional VMT metric specifications may be found in the SB 743 Implementation for the Town of Los Gatos (July 2020) document package.

If a project is mixed-use (i.e., composed of both residential and retail/office uses), project generated VMT should be extracted for both the total VMT and VMT per service population (residents and employees).

3.2 VMT Significance Thresholds
The Town Council adopted Resolution 2020-045, Designating the Use of Vehicle Miles Traveled as the Metric for Conducting Transportation Analyses Pursuant to the California Environmental Quality Act and Establishing the Thresholds of Significance to Comply with California Senate Bill 743. The thresholds balance the Town’s priorities with respect to competing objectives, including Los Gatos’s geographic and transportation context, greenhouse gas reduction goals, interest in achieving the state’s greenhouse gas reduction goals, and the latest General Plan goals and policies related to land use mix, economic development, and housing provision.

VMT analyses shall evaluate a project’s VMT impacts based on the thresholds established in the latest Council-adopted resolution.

3.3 VMT Mitigation Measures
To mitigate VMT impacts, the project shall be conditioned for implementation of mitigation measures in the following categories::

1. Modify the project’s built environment characteristics to reduce VMT generated by the project;

2. Implement transportation Demand Management (TDM) measures to reduce VMT generated by the project; and/or

3. Participate in a VMT fee program and/or VMT mitigation exchange/banking program (if they exist) to reduce VMT from the project or other land uses to achieve acceptable levels.

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17 The Town is in the process of updating the General Plan and the Draft Environmental Impact Report (DEIR) for the 2040 General Plan was released for public review in July 2021. The 2040 General Plan DEIR identifies significant but unavoidable transportation impacts and the mitigation measures. The Town is taking a Town-wide approach for VMT impact mitigation.

Attachment 3, VMT Reduction Actions for the Town of Los Gatos, provides a framework for mitigating VMT in the Town. Attachment 2, Transportation Mitigation Improvements Project List, has many improvements that are consistent with the VMT Reduction Strategies.

Evaluation of VMT reductions should be conducted using state-of-the-practice methods, recognizing that many of the TDM strategies are dependent on building occupant performance over time. As such, actual VMT reduction cannot be reliably predicted, and monitoring may be necessary to gauge performance related to mitigation expectations.

4. Transportation Analysis (CEQA) for Transportation Projects Transportation Analysis for transportation projects shall follow the latest CEQA Guidelines and related technical advisories from the Governor’s Office of Planning and Research (OPR).

The Thresholds of Significance for all transportation projects are established in the latest Council-adopted resolution.

Transportation projects that reduce, or have no impact on, vehicle miles traveled should be presumed to cause a less than significant transportation impact.

In 2020 Caltrans adopted its guidance under SB 743. The department’s Transportation Analysis Framework and Transportation Analysis for CEQA provide guidance for assessing induced travel impacts from prospective projects on the State Highway System. CEQA analysis for proposed transportation projects on the State Highway System should also follow Caltrans guidance.

5. Transportation Analysis per the Town’s Transportation Policies
The contents and extent of a local transportation analysis per the Town’s General Plan depend on the location and size of the proposed development, the prevailing transportation conditions in the surrounding area, and questions from decision-makers and the public. The Town is committed to a well-connected transportation system that enables safe access for all modes of travel. The methods presented in this chapter include robust data collection and analysis techniques for pedestrian, bicycle, and transit networks, in addition to vehicle circulation.

The local transportation analysis shall be prepared consistent with the latest VTA TIA Guidelines, with the exceptions described in this document.

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18 5.1 Study Area
The study area is determined by evaluating the project location and how it may affect all transportation modes and facilities. It is not simply a map showing where the project is located.

Rather, the study area is the area of influence of a project. Each local transportation analysis will consider the adjacent transportation system for site access and circulation of land development projects and street modifications for transportation projects. To properly assess the site access, the Town may require off-site intersection analysis and/or other multimodal analysis.

The study area may include the nearest CMP facility to evaluate the proposed project’s conformity with the CMP facilities.

Applicants should consult with Town staff early regarding the need for a local transportation analysis based on local or site-specific issues, especially those related to pedestrians, bicyclists, and transit users.

5.2 Key Study Elements
The extent and complexity of a local transportation analysis will vary on the project attributes.

Table 2 summarizes the basic requirements for a local transportation analysis for every project requiring a complete transportation analysis. Specific significance criteria for each of the listed elements are described in further detail in the Transportation Analysis (CEQA) for Land Use Projects and Transportation Analysis (CEQA) for Transportation Projects sections. To avoid substantial off-site improvements or changes to the project site plan/description after the transportation analysis is completed, a preliminary site plan shall be included for a “fatal flaw” evaluation.

Table 2: Local Transportation Analysis – Evaluation Criteria Study Element Evaluation Criteria
General Plan
Consistency
Evaluate the project against goals, policies, and actions set forth in the latest General Plan and other applicable Town plans.

Parking
Compare the project parking plan with Town and local specific plan standards and discuss how the proposed supply will affect demand for walking, bicycling, and transit modes. If a mix of land uses is proposed on site, or complements adjacent land uses, justify how the development will make use of shared on-site parking.

On-Site
Circulation
Review and evaluate site access locations, turning radii, truck loading areas, emergency access, and other site characteristics with respect to operations and safety for all modes of transportation.

Pedestrian
Facilities
Identify any existing or planned pedestrian facilities that may be affected by the project. Document how the project will affect local pedestrian circulation (e.g., disclose how widening a road or adding a driveway will affect pedestrian safety and walking time).

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19 Table 2: Local Transportation Analysis – Evaluation Criteria Study Element Evaluation Criteria
Bicycle
Facilities
Identify any existing or planned facilities that may be affected by the project.

Transit
Identify any existing or planned transit facilities that may be affected by the project. If appropriate, document how the project improves access to or utilization of transit. For system planning, use crush load as capacity, not seated capacity.

Safety
Assessment
Evaluate project trips added to safety enhancement projects within the study area that are proposed as part of other future safety studies by the Town or other agencies.

Trucks (or
Other Large
Vehicles)
For relevant industrial projects, identify the number of truck trips that will be generated, and design facilities necessary to accommodate these trucks.

Automated
Vehicles or
Transportation
Network
Company Pickup/Drop-Off
For projects where automated vehicles and/or transportation network companies may have a large concentration of pick-up/drop-off, the project site circulation and pick-up/drop-off areas must be reviewed to identify opportunities and constraints of the project site. Modifications to the site circulation and/or pick-up/drop-off may be recommended.

Off-Site Traffic
Operations
All roadway facility analysis and Level of Service should be conducted using the latest version of the Highway Capacity Manual (HCM).

Intersection
Traffic Control
Evaluate unsignalized intersections located within the study area to determine appropriate traffic control. Analysis should include documentation of the appropriateness of a roundabout as an alternative or replacement to a traffic signal.

Other Issues
Consider other issues on a case-by-case basis (e.g., construction deficiencies, queuing between closely spaced intersections, emergency access, special event traffic)
Other
Jurisdictional
Requirements
In situations where several agencies must approve a development or are responsible for affected roadways, the applicant must contact lead and responsible agencies to determine issues to be addressed, scope of study, etc. In general, the applicant will be responsible for analyzing project impacts against appropriate jurisdictional thresholds; however, the analysis method will be determined by the Town in compliance with CEQA, and the impacts will be mitigated consistent with Town standards.

5.3 Data Collection
Accurate data is essential to achieve a high level of confidence in local transportation analysis results. Existing transportation data shall be collected using the requirements set forth below.

Data should be presented on maps or figures where appropriate. To address the specific needs of each project, the extent of data collected shall be at the discretion of Town staff.

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20  Pedestrian/Bicycle Facilities – Document the existing pedestrian and bicycle facilities serving the project site. Elements will include presence and width of sidewalks, curb ramps, crosswalks, or other pedestrian facilities providing access to the nearest attractors of the project site, such as transit stops, neighborhood attractors and/or complimentary land uses, and bicycle facilities (e.g., routes, lanes, or shared-use paths) within a two-mile bicycling distance of the project site. Document barriers, deficiencies, and high pedestrian-demand land uses, including schools, parking, senior housing facilities, and transit stops or centers. The report will note any deficiencies or enhancements planned or recommended in the latest General Plan or future planning documents.
 Transit Facilities and Ridership – Document transit lines nearest to the project site, including stop locations, frequency of service, and any capacity issues. It will also describe transit stop amenities (e.g., benches, shelters, etc.).  Multimodal Peak-Period Turning Movement Counts – Turning movement counts, including vehicles, bicycles, and pedestrians, will be collected for each study time period at all study intersections. The following parameters will be followed (fall and spring days while school is in session are preferred):
o Data collection will cover at least two hours to ensure the peak hour is observed. o As applicable, 48-hour machine counts will be used to identify the peak period before conducting other counts or analysis.
o Traffic volumes should not be influenced by a holiday, weather, construction, or other temporary change.
o The percent of traffic that consists of heavy trucks will be noted/estimated during data collection.
o Some projects may require vehicle classification or occupancy counts. Consult with Town staff on a case-by-case basis.
o Traffic counts that are older than two years at study initiation will not be used without consultation and approval by Town staff. These counts may need to be adjusted to reflect current year traffic volumes.
 Daily Traffic Counts – Collect data for all study roadway segments using the parameters described above for peak period turning movement counts, with the exception of bicycle and pedestrian volumes. Daily counts are used to size facilities (e.g., 2-lane vs. 4- lane) and to identify temporal changes in traffic.
 Roadway Geometry – Document existing roadway and intersection geometries and lane configurations. Information from aerial photography and street views should be verified based on a site visit(s).
 Intersection Controls and Signal Timings – For use in intersection analysis, intersection control types and signal timings and phasing should be based on signal timing sheets (available from Los Gatos or Caltrans) and verified during site visits.  Five-Year Collision Data – Obtain Statewide Integrated Traffic Records System (SWITRS) through the local California Highway Patrol or through the following web site:
www.chp.ca.gov/switrs.

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21  Mode Split – Summarize daily and peak hour mode split for the study area land uses.

Data could include U.S. Census journey-to-work data, empirical surveys, or any other available surveys.

5.4 Project Site Access and Circulation Review
A detailed site plan review is required for all projects. The local transportation analysis should include a review and summary of findings of the following qualitative and quantitative features.  Consideration of roundabouts are encouraged. Conduct roundabout analysis as required by Town staff.
 Existence of any current traffic problems in the local area, such as a high-collision location, non-standard intersection or roadway, or an intersection in need of a traffic signal or a roundabout.
 Applicability of context-sensitive design practices compatible with adjacent neighborhoods or other areas that may be impacted by the project traffic.  Proximity of proposed site driveway(s) to other driveways or intersections.  Adequacy of the project site design to convey all vehicle types.  Number and type of parking provided, including vehicle and bicycle parking.  On- and off-street loading requirements.
 Adequacy of on-site vehicle, bicycle, and pedestrian circulation and provision of direct pedestrian paths from residential areas to school sites, public streets to commercial and residential areas, and the project site to nearby transit facilities.

An important aspect of a TA is to provide sufficient information for the Town to determine that a project is consistent with the latest General Plan and other applicable Town policies, plans, and standards. As such, individual projects must be reviewed against relevant policies contained in the latest General Plan or other plans and policies. Applicants should review the full policy statements in the latest General Plan Mobility Element.

If the study area extends into an adjacent jurisdiction, the applicant may be responsible for analyzing project generated operational impacts in these jurisdictions. These include intersection or segment locations in any other jurisdiction, including Caltrans-maintained facilities. The applicant shall refer to current policies in the respective jurisdiction to identify the appropriate significance criteria.

5.5 Analysis Scenarios
The range of scenarios includes Existing Conditions, Background Conditions, and Cumulative Conditions. Projects consistent with the latest General Plan will only be required to complete the Existing and Background conditions analysis; where Existing Conditions looks at the effect of the proposed project on the existing system within the next year or two, Background Conditions typically looks at a longer time frame of about three to five years. Inclusion of all three analysis conditions (e.g., Existing, Background, and Cumulative), would typically occur for large development projects, General Plan amendments, specific plans (and related amendments), with Cumulative Conditions having a time horizon of 10 to 20 years.

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22 The following analysis scenarios will document existing or future conditions, any deficiencies, and identify deficiencies that will result from the addition of the project. Each scenario will include a qualitative description of transportation facilities for all modes (and any planned enhancements), traffic volumes, and a quantitative analysis of intersection LOS. Key study elements are identified in the Multimodal Analysis Methods section of this chapter. Details regarding each local transportation analysis scenario are presented below.  Existing Conditions – These conditions are based on recent field observations and recent traffic count data.
 Existing with Project Conditions – Traffic volume forecasts for roadway analysis reflecting Existing Conditions with traffic generated by the proposed project. For reuse or conversion projects, this may involve accounting for any existing use of the site that remains or will be removed. It should also qualitatively describe how the project will affect transportation for other modes, including compliance or relation to other Town documents.
 Background Conditions – Traffic volume forecasts for roadway segment and intersection analysis should reflect Existing Conditions with growth due to approved development that is expected to be operational before or concurrently with the proposed project. This scenario may not be needed if the study area has limited or no approved developments.
 Background with Project Conditions – This scenario represents the Background Conditions with vehicle trips added by the proposed project. It provides decision-makers and the public with a view of conditions with all recently approved development and physical improvements, including the proposed project.
 Future Year Cumulative Conditions – This scenario represents transportation conditions for all travel modes in the study area reflecting all approved projects, pending projects, or expected development of other areas of Los Gatos designated for growth under the latest General Plan or specific plan. In most cases, the project site will likely be vacant under this scenario. In some cases, this scenario may need to account for any existing uses on the site that could continue, and potential increases in development allowed by ministerial approvals.
 Cumulative with Project Conditions – This scenario represents the cumulative future transportation conditions with anticipated changes to the transportation system and the additions of project trips, and provides the long-range view of future traffic operations.

5.6 Analysis Time Periods
Based on the land use of the proposed project and upon consultation with Town staff, the study shall analyze traffic operations during the peak one hour of the following time periods:
 Weekday morning peak (7:00 – 10:00 AM)
 Weekday evening peak (4:00 – 7:00 PM)

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23 For some projects, the Town may substitute or require additional peak hour analysis for the following time periods as approved or requested by the Town’s Traffic Engineer:
 Weekday afternoon peak (2:00 – 4:00 PM)
 Friday evening peak (4:00 – 7:00 PM)
 Weekend midday peak (11:00 AM – 1:00 PM)
 Sunday or holiday evening peak (4:00 – 7:00 PM)
For example, retail commercial projects should evaluate operations for Saturday midday peak hour conditions, in addition to the standard weekday morning and evening peak periods. The determination of study time periods should be made separately for each proposed project, based upon the peaking characteristics of the project generated traffic and peaking characteristics of the adjacent street system and land uses.

5.7 Multimodal Analysis Methods
The report should provide a quantitative and/or qualitative evaluation of the project’s potential adverse or beneficial effects on transportation facilities and services related to pedestrians, bicyclists, and transit users.

For some projects, more detailed multimodal analysis may be required. Such analysis shall be decided upon in consultation with Town staff and consider new tools, methods, and performance measures, such as those listed below.
 Multimodal LOS – The latest Highway Capacity Manual (6th Edition) contains methods for multimodal LOS.
 Person Delay – Simulation models can be used to measure system performance in terms of overall person-delay for all modes within a transportation network. This method provides a better decision-making tool for developing improvements to promote efficient movement of people, rather than a particular type of vehicle.  Safety Assessment – Evaluate whether the project adds vehicle trips to a safety improvement identified within the study area. (If a project may affect a Caltrans facility, a safety assessment may be needed for CEQA purposes as well.)  Bicycle Level of Stress (LTS) – Evaluate LTS for all bicycle facilities within a two-mile bicycling distance of the project site. There are several methods for evaluating LTS for bicycle facilities, which generally rely on street widths/number of vehicle lanes, vehicle speeds, daily volumes, and type of bicycle facility to evaluate “low stress” bike networks. The Low-Stress Bicycling and Network Connectivity (2012) report and the National Association of City Transportation Officials (NACTO) Urban Bikeway Design Guide, Second Edition (2014) contains methods for LTS.
 Pedestrian Level of Stress (LTS) – Evaluate LTS for all pedestrian facilities providing access to the nearest attractors (e.g., transit stops, neighborhood attractors and/or complimentary land uses) of the project site. Compared to bicycle LTS, there are parallel methods for calculating pedestrian comfort using best practiced from the NACTO Urban

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24 Street Design Guide (2013) and pedestrian safety research. As with bicycle comfort, pedestrian comfort is based on a variety of factors ranging from the quality and presence of sidewalks to the conditions of the adjacent roadway (speed, number of travel lanes, frequency of trucks).
 Activity Connectedness – Travel time for each mode (e.g., walking, bicycles, transit, and vehicles) between the project and surrounding land uses can be used to gauge the degree of accessibility for a project. The Town desires to minimize travel time to necessary destinations while minimizing unnecessary vehicle travel. Tools such as geographic information systems or online tools (e.g., Index and Walk Score) can be used to gauge this measure specifically for walking. The main idea is to evaluate activity centers and destinations around projects to ensure that walk times to necessary destinations are minimized and the walking experience is comfortable.

5.8 Traffic Operations Analysis
Traffic operational deficiencies shall be analyzed using standard or state-of-the-practice professional procedures. The main issues related to traffic operations analysis are the method, input data, and assumptions. These three items influence the level of confidence and the associated level of defensibility of the local transportation analysis. For traffic operations, this requires following the procedures and techniques published in the most recent Highway Capacity Manual (HCM).

Traffic Operations Analysis should be conducted according to the latest VTA Traffic Level of Service Guidelines.

5.9 Mobility Deficiency Criteria
The overall guiding principal of the General Plan 2040 Mobility Element is to, “[p]rovide a wellconnected transportation system that enables safe access for all transportation modes, including pedestrians, bicyclists, motorists, and transit riders of all ages and abilities.” Los Gatos evaluates each transportation mode to identify deficiencies. Local transportation analyses evaluate intersection operations focused on specific traffic issues such as queuing and safety. A greater emphasis is placed on pedestrian, bicycle, and transit facilities and services, in part to reduce traffic congestion and air quality impacts associated with automobile use. Table 5 outlines deficiency criteria for each mode. The mobility deficiency criteria can be used to identify conflicts with existing or planned multimodal facilities.

Table 5: Mobility Deficiency Criteria
Study Element Deficiency Determination
Parking Project increases off-site parking demand above a level required by the Town Zoning Code and/or desirable by the Town.

On-Site
Circulation
Project designs for on-street circulation, access, and parking fail to meet Town standards. Where Town standards are not defined, industry standards[Highway Design Manual, California Manual on Uniform Traffic Control Devices (MUTCD), etc.] should be referenced, as appropriate.

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25 Table 5: Mobility Deficiency Criteria
Study Element Deficiency Determination
Failure to provide adequate accessibility for service and delivery trucks on site, including access to loading areas. Project will result in a hazard or potentially unsafe conditions without improvements.

Pedestrian
Facilities
Project fails to provide safe and accessible pedestrian connections between project buildings and adjacent streets, trails, and transit facilities.

Bicycle Facilities
Project disrupts existing or planned bicycle facilities or is otherwise inconsistent with the latest General Plan, Bicycle and Pedestrian Master Plan, or other related plans. Project adds bicycle trips along project frontage to an existing facility that needs improvements per the latest BPMP.

Transit Project disrupts existing or planned transit facilities and services or conflicts with Town adopted plans, guidelines, policies, or standards.

Heavy Vehicles
(Trucks and
Buses)
A project failsto provide adequate accommodation of forecasted heavy traffic or temporary construction-related truck traffic consistent with Town or industry standards (Highway Design Manual, MUTCD, etc.).

Off-Site Traffic
Operations
95th percentile vehicle queues exceed the existing or planned length of a turn pocket. The proposed project introduces a design feature that substantially increases safety hazards.

Signalized
Intersection
Traffic Control
Addition of project traffic causes a signalized intersection to 1) drop more than one level overall or at the worst individual approach delay if it is at LOS A, B, or C or 2) drop at all overall or at the worst individual approach delay if it is at LOS D or below.

Unsignalized
Intersection
Traffic Control
Addition of project traffic causes an all-way stop-controlled or side street stop-controlled intersection to 1) operate at LOS E or F overall or the worst-case movement, and 2) meets the Caltrans signal warrant criteria.

General Plan
Consistency
Evaluate the project against mobility, safety, and other related goals, policies, and actions set forth in the latest General Plan.

Other Subject
Areas
Consider other areas on a case-by-case basis (e.g., construction impacts, queuing between closely spaced intersections, emergency access, special event traffic, etc.).

Requirements
for Other
Jurisdictions
The project exceeds established deficiency thresholds for transportation facilities and services under the jurisdiction of other agencies.

5.10 CMP Deficiency Criteria
To determine consistency with the CMP, off-site intersection analysis may be needed and should be applied according to the latest VTA TIA Guidelines.

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26 5.11 Mitigation Improvements
All project deficiencies should be addressed consistent with the policies of the latest General Plan Mobility Element. Under these circumstances, the applicant should meet with Town staff to identify transportation improvements that address the deficiencies. Table 6 shows example types of improvements to address transportation deficiencies.

Potential improvements may require a more detailed review, often including traffic operations, to demonstrate how they address a specific deficiency.

Selected improvements should be identified whether they will be implemented under Existing Conditions, Background Conditions, or Cumulative Conditions. Background Conditions generally reflect conditions at the time of full occupancy of a project.

If a transportation improvement is selected to address a deficiency, it should include a description of the benefit to traffic reduction generated by a proposed development and how the improvement contributes to the multimodal transportation system in Los Gatos. In addition, all transportation improvements need to consider whether they have secondary effects to VMT [i.e., whether the improvement is VMT inducing per guidance in the OPR Technical Advisory (December 2018, Pages 20-21)].

The improvement shall not unreasonably degrade bicycle, pedestrian or transit access, and circulation. If a project proposes improvements in response to auto LOS deficiency involving a change to existing roadway or intersection geometry, or changes to signal operations, the TA shall analyze and disclose secondary effects on other modes, i.e., whether the mitigation would affect pedestrian or bicycle conditions or increase transit vehicle delay, per the methodologies in 5.7.

Table 6: Example Improvements
Study Element Improvement
Project Modifications
and Transportation
Demand Management
 Alter density or diversity of project uses or integrate affordable housing
 Encourage telecommuting and alternative work schedules  Provide ride-sharing programs to encourage carpooling and vanpooling
 Provide local shuttle service
 Provide employer-sponsored vanpools or shuttles
 Provide pedestrian network improvements
 Provide traffic calming measures and low-stress bicycle network improvements
 Implement car-sharing (e.g., ZipCar) program
 Limit parking supply
 Unbundle parking costs from property costs
 Institute on-street market pricing for parking

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27 Pedestrian and Bicycle
Facilities
 Provide for access to, from, and through the development for pedestrians and bicyclists
 Construct Class I bicycle paths, Class II bicycle lanes, and other facilities
 Provide secure bicycle parking and shower amenities
 Reduce travel lanes on a street to install a two-way left-turn lane and Class II bicycle lanes
 Add corner bulbouts, reduce curb radii, add pedestrian refuges, or implement other walking-related improvements Transit Facilities
 Provide bus turnouts, bus shelters, additional busstops, and park-and-ride lots
 Fund increases in transit service
Parking Facilities
 Design parking facilities to allow free-flow accessto and from the street
 Provide off-street parking per Town standards or
recommendations
 Implement shared parking among complementary land uses Traffic Control
Modifications
 Provide for yield or stop control
 Evaluate unsignalized intersections with substandard LOS for conversion to roundabout intersection control or
for signalization
 Provide coordination/synchronization of traffic signals along a corridor
 Provide turn-lane channelization through raised islands  Restrict selected turning movements
Street Operations
Modifications
 Optimize location of access driveway(s)
 Provide improvements to traffic signal phasing, or lengthen existing turning pocket
 Provide additional through traffic lane(s), right-turn lane(s), and left-turn lane(s) if they do not adversely impact other modes or induce additional vehicle travel
 Reduce travel lanes on a street to install a two-way left-turn lane
 Address congestion pricing on roads or within a specific area

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28 Appendix A: Transportation Analysis Report Format Outline Note: Not all sections are required for all projects. The project applicant shall consult with the Town Traffic Engineer to determine the required sections.

1. Introductory Items
 Front Cover/Title Page
 Table of Contents, List of Figures, and List of Tables  Executive Summary

2. Introduction
 Project description
 Project sponsor/contact info
 Type and size of development
 Site plan (include proposed driveways, roadways, traffic control, parking facilities, emergency vehicle access, and internal circulation for vehicles, bicyclists, and pedestrians)
 Location map (include major streets, study intersections, and neighboring zoning and land uses)
 Scope of transportation analysis

3. Current Conditions
 Description of existing street system within project site and surrounding area  Location and routes of nearest public transit system serving the project  Location and routes of nearest pedestrian and bicycle facilities serving the project  Vehicle Miles Traveled Assessment
o Description of baseline VMT estimates (may include site and regional VMT estimates)
 Intersection Analysis for Site Access and Circulation Evaluation and CMP Evaluation o Figure of study intersections with peak hour turning movement counts, lane geometries, and traffic control

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29 o Map of study area showing average daily traffic (ADT) of study roadways o Table of existing peak hour average vehicle delay and level of service (LOS)

4. Project Trip Generation
 Table of project generated trip estimate
 Figure/map of trip distribution (in percent)

5. Project Site Access and Circulation Evaluation
 Summary of a detailed site review for all modes of travel  Mobility deficiency analysis and summary to vehicle, transit, bicycle, and pedestrian facilities (under Project Conditions and Cumulative Conditions)  Summary of transportation improvements
CEQA Transportation Analysis Report Section

6. Vehicle Miles Traveled Assessment
 Summary of project generated VMT under Baseline Conditions  Summary of project’s effect on VMT under Future Year Cumulative Conditions  Identification of significant impacts
 Discussion of mitigation measures
 Evaluation of impacts of mitigation measures

7. Other CEQA Requirements
 Summary of conflicts with a plan, ordinance, or policy addressing the circulation system, including transit, roadways, bicycle lanes, and pedestrian paths. Present mitigation measures, as needed.
 Evaluation of hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment). Present mitigation measures, as needed.
 Emergency access evaluation. Present mitigation measures, as needed.

Local Transportation Analysis Report Section

8. Existing with Project Conditions

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30  Maps of study area with applicable peak hour turning movements (Project Only and Existing with Project Conditions)
 Table of Existing Conditions and Existing with Project Conditions intersection peak hour average vehicle delay and LOS (or other multimodal performance measure)  Traffic signal and other warrants
 Changes/Deficiencies to bike, pedestrian, and transit networks  Findings of project deficiencies
 Improvementsfor project deficiencies (include a map showing physical improvements)  Scheduling and implementation responsibility of improvements  Deficiencies of proposed improvements

9. Background Conditions
 Table of trip generation for approved project(s)
 Figure and/or table of approved projects trip distribution (in percent)  Map of study area with applicable peak hour turning movements (Background Conditions)
 Table of intersection peak hour average vehicle delay and LOS (or other multimodal performance measure) (including queue lengths, etc)
 Changes/deficiencies to bike, pedestrian, and transit networks  Traffic signal and other warrants

10. Background with Project Conditions
 Similar content to Existing with Project Conditions

11. Cumulative Conditions and Cumulative with Project Conditions  Map of study area with Cumulative Conditions peak hour turning movements  Map of study area with Cumulative with Project Conditions peak hour turning movements
 Table of Cumulative Conditions and Cumulative with Project Conditions intersection peak hour average vehicle delay and LOS (or other multimodal performance measure)  Changes/Deficiencies to bike, pedestrian, and transit networks  Traffic signal and other warrants

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31  Findings of project deficiencies
 Improvementsfor project deficiencies (include a map showing physical improvements)  Scheduling and implementation responsibility of improvements  Deficiencies of proposed improvements
Additional Sections for Transportation Analysis Report

12. Construction Deficiencies
 Trips due to construction workers
 Truck trips and truck access routes

13. Phasing Deficiencies (For Large Projects Only)

14. Appendices
 List of references
 List of authors
 Pedestrian, bicycle, and vehicle counts
 Technical calculations for all analyses

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TITLE: Transportation Impact Policy
Attachment 2 - Traffic Mitigation Improvements Project List PAGE:
32 of 37
POLICY NUMBER:
1-08
Town of Los Gatos Transportation Mitigation Improvements Project List

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TITLE: Transportation Impact Policy
Attachment 3 - VMT Reduction Strategies
PAGE:
33 of 37
POLICY NUMBER:
1-08

VMT REDUCTION STRATEGIES
For projects that would generate Vehicle Miles Traveled (VMT), one or more VMT reduction strategies shall be required to reduce VMT of the project. Examples of VMT reduction strategies are provided below. The VMT reduction strategies are organized by their relative scale for implementation (i.e., individual site level, Town-wide level, and regional level).

INDIVIDUAL SITE LEVEL
 Encourage Telecommuting and Alternative Work Schedules: This strategy relies on effective internet access and speeds to individual project sites/buildings to provide the opportunity fortelecommuting. This strategy would reduce commute VMT but also result in a change in VMTfor other travel purposes; thus, this strategy should consider the net change in the Town’s project-generated VMT.  Provide Ride-Sharing Programs: Thisstrategy focuses on encouraging carpooling and vanpooling by project site/building tenants.
 Implement Car-Sharing Program: This strategy reduces the need to own a vehicle or reducesthe number of vehicles owned by a household by making it convenient to access a shared vehicle for those trips where vehicle use is essential. Examples include programs like ZipCar,Car2Go, and Gig.
 Provide Employer-Sponsored Vanpool/Shuttle: This strategy relies on employers purchasing orleasing vans or shuttles, and often subsidizing the cost of at least program administration, if notmore. Vanpools typically service employee’s commute to work, while shuttles service nearby transit stations and surrounding commercial centers.

Scheduling and rider charges, if any, are within the employer’s purview. A supplemental strategy may include facilitating or enhancing the service by improving the shuttle stops and biking/walking paths to the stops.

TOWN-WIDE LEVEL
 Provide Bicycle and Pedestrian Network Improvements: This strategy focuses on creating a comprehensive bicycle and pedestrian network within the project and connecting to nearby destinations. Projects in Los Gatos tend to be smaller so the emphasis of this strategy would likely be the construction of network improvements that connect the project site directly to nearby destinations. Alternatively, implementation could occur through an impact fee programor benefit/assessment district based on regional or local plans such as the Bicycle and Pedestrian Master Plan.  Provide Local Transit or Microtransit Solutions: This strategy focuses on providing transit solutions that serve the local circulation needs and connections to key regional destinations. The service would connect to transit hubs, schools, commercial centers, and residential areas to improve transit connectivity and address the “first/last mile” problems. The service may be in the form of a local shuttle, microtransit service using dynamic routing and scheduling, fare subsidies to private transportation network companies (TNCs) or taxi companies, or other service delivery methods. The service may be open to all or target a special population, such as seniors, disabled or students.

The implementation of this strategy may require regional or private partnership.

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TITLE: Transportation Impact Policy
Attachment 3 - VMT Reduction Strategies
PAGE:
34 of 37
POLICY NUMBER:
1-08
 Provide Transit Signal Priority: This strategy would upgrade the Town’s traffic signals along transit corridors to provide transit signal priority to improve transit bus travel time.
 Improve Biking and Walking Paths to Bus Stops and Transit Amenities: This strategy improves the biking and walking paths to bus stops, enhances amenities at bus stops such as shelters, benches, and ADA accessible loading areas.  Provide Traffic Calming Measures: This strategy combines the California Air Pollution Control Officers Association (CAPCOA) research focused on traffic calming with new research on providing a low-stress bicycle network. Traffic calming creates networks with low vehicle speeds and volumes that are more conducive to walking and bicycling. Building a low-stress bicycle network produces a similar outcome. One potential change in this strategy over time is that ebikes (and e-scooters) could extend the effective range of travel on the bicycle network,which could enhance the effectiveness of this strategy.
 Limit Parking Supply: When combined with companion TDM measures, reduced parking supplydiscourages driving by limiting easy and convenient parking options.

Implementation of this strategy may require reducing (or removing) minimum parking requirements and allowing developers to use shared parking strategies.  Unbundle Parking Costs from Property Cost: Unbundling separates parking costs from propertycost, for instance by not including a parking space in a residential unit’s rent, or by requiring employers to lease each parking space separately from the building owner. This strategy ensures that the user understands that the cost of driving includes parking and can encourage people to use an alternative mode to save money.  Implement Market Price Public Parking (On-Street): This strategy focuses on implementing a pricing strategy for parking by pricing all on-street parking in central business districts, employment centers, and retail centers. Priced parking would encourage “park once” behaviorand may also result in area-wide mode shifts.

REGIONAL LEVEL
 Increase Density: This strategy focuses on increasing density of land uses, where allowed by the General Plan and/or Zoning Ordinance, to reduce distances people travel and provide more travel mode options. This strategy also provides a foundation for many other strategies. For example, densification increasestransit ridership, which justifies enhanced transit service.
 Increase Diversity of Urban and Suburban Developments: This strategy focuses on inclusion of mixed uses within projects or in consideration of the surrounding area to minimize vehicle travelin terms of both the number of trips and the length of those trips.
 Increase Transit Accessibility: This strategy focuses on encouraging the use of transit by locating a project with high density near transit. A project with a residential/commercial center designed around a bus station is referred to as a transitoriented development (TOD).  Integrate Affordable and Below Market Rate Housing: This strategy provides greater opportunities for lower income families to live closer to job centerssince

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TITLE: Transportation Impact Policy
Attachment 3 - VMT Reduction Strategies
PAGE:
34 of 37
POLICY NUMBER:
1-08
income effectsprobability that a commute will take transit or walk to work.  Increase Transit Service Frequency/Speed: This strategy focuses on improving transit service convenience and travel time competitiveness with driving. Given existing land use density in LosGatos, this strategy may be limited to traditional commuter transit where trips can be pooled at the start and end locations, or it may require new forms of demand-responsive transit service. Note that implementation of this strategy would require regional or local agency implementation, substantial changes to current transit practices, and would not likely be applicable for individual development projects.  Implement Area or Cordon Pricing: This strategy focuses on implementing a cordon (i.e., boundary) pricing scheme, where a cordon is set around a specific area to charge a toll to enterthe area by vehicle. The cordon location is usually the boundary of an area with limited points of access. The cordon toll may be constant, applied during peak periods, or be variable, with higher prices during congestion peak periods. The toll can also be based on a fixed schedule or be dynamic, responding to real-time congestion levels. Note that implementation of this strategy requires alternative modes of travel that are available and reliable, such as high-qualitytransit infrastructure.

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TITLE: Transportation Impact Policy
Attachment 4 - Definitions
PAGE:
36 of 37
POLICY NUMBER:
1-08
DEFINITIONS:

Land use entitlements shall mean entitlement changes in use requiring discretionary approval by Los Gatos, which include General Plan amendments, specific plans (and related amendments), zoning changes, use permits, planned developments, and tentative subdivision maps.

Land Use Projects or Development shall mean residential or nonresidential improvements on a site.

Transportation improvements shall mean those improvements to the transportation facilities and related actions necessary to implement the transportation element of the Town's general plan and any applicable specific plan.

Site shall mean a plot of ground consisting of one (1) or more lots or parcels on which a common improvement is proposed or exists.

Trip generation rate shall mean the number of vehicle trips over a weekday twenty-four-hour period generated by a particular type of land use and shall be expressed in terms of the number of acres or square feet of land for each land use category. The Town Engineer may exercise reasonable discretion to establish recommended trip generation rates for land use categories consisting of groupings of land uses having similar use and functional characteristics. When the trip generation rate is multiplied by the amount of land, the number of trips, both incoming and outgoing, shall be estimated.

Average Daily Trips (ADT) shall mean 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 Trips shall mean vehicle trips, both in-bound and out-bound, occurring during a 60- minute 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.

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TITLE: Transportation Impact Policy
Attachment 4 - Definitions
PAGE:
37 of 37
POLICY NUMBER:
1-08
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.

Vehicle Trip End shall mean an incoming or outgoing trip going to or coming from anywhere within the Town or outside the Town.

CEQA shall mean the California Environmental Quality Act. These terms are reserved for definitions per the CEQA Guidelines: significance criteria, significant impact, and mitigation measures.

Local Transportation Analysis shall mean analysis to assess potential mobility deficiencies caused by new developments on the local roadway performance, following the Town’s transportation policies. These terms are reserved for Local Transportation Analysis: threshold or performance standard, deficiency, and mitigation improvement.

Vehicle Miles Traveled (VMT) is a metric that accounts for the number of vehicle trips generated times the length or distance of those trips. VMT is an accessibility performance metric that evaluates the changes in land use patterns, regional transportation systems, and other built environment characteristics.

Level of Service (LOS) is a metric that assigns a letter grade to network performance. The typical application is to measure the average amount of delay experienced by vehicle drivers at an intersection during the most congested time of day and assign a report card range from LOS A (fewer than 10 seconds of delay) to LOS F (more than 80 seconds of delay). Vehicle level of service is used to measure vehicle mobility.

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TITLE: Transportation Impact Policy
ENABLING ACTIONS: 1991-174; 2014-017,
2016-068; 2017-011
APPROVED:

PURPOSE
POLICY NUMBER: 1-08
PAGES: 37
REVISED DATES: 8/5/91; 3/24/14;
12/6/16; 3/21/17; 12/07/2021;01/16/24
To provide guidance to Town staff and the development community in implementing the provisions of the Town Municipal Code, Chapter 15, Article VII, +Transportation raffi€ Impact Mitigation Fees, and evaluating and mitigating California Environmental Quality Act (CEQA) transportation impacts.

SCOPE
This Policy is applicable to all land use entitlements, land use projects, and transportation improvements Town-wide.

POLICY
I. GENERAL CONDITIONS AND APPLICABILITY

1. Projects that are determined by the Town to generate one or more new net Average Daily Trips (ADT) are subject to this Policy.

2. An Accessory Dwelling Unit (ADU) of less than 750 square feet shall be exempted from the requirements of Transportation Analysis and the Traffic Impact Fees. ADU's of 750 square feet or greater shall be charged as a prorated portion of the single family rate based on square footage.
g_ The Town Council may exempt housing developments for very lo•.iv, lo•.v, 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.

ATTACHMENT 6

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PREPARED BY: Nicolle Burnham
Director of Parks and Public Works
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL STUDY SESSION

AGENDA REPORT
MEETING DATE: 1/16/2024
ITEM NO: 12

DESK ITEM
DATE: January 16, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Conduct a Public Hearing for the Town’s Transportation Impact Fee Program to:
a. Adopt a Resolution to Adopt the Transportation Impact Nexus Study Dated November 2023 (including the Project List – Appendix 1 Which Serves as the Town’s Transportation Capital Improvement Plan); b. Adopt a Resolution to Update a Transportation Impact Fee to Replace the Town’s Existing Traffic Impact Mitigation Fee;
c. Introduce an Ordinance Titled “An Ordinance of the Town of Council of the Town of Los Gatos Amending Town Code Section 15, Article VII ‘Traffic Impact Mitigation Fees’”; and
d. Adopt a Resolution to Modify Town Council Policy 1-08: “Transportation Impact Policy.”
REMARKS:

Attachment 7 contains a public comment received between 11:01 a.m. Monday, January 15, 2024, and 11:00 a.m. Tuesday, January 16, 2024.

Attachment 8 contains PowerPoint presentation that will given by staff at the meeting.

Attachments received with the Staff Report:

1. Draft Resolution to Adopt the Nexus Study, including the Project List which serves as the Town’s Transportation Capital Improvement Plan

2. Draft Resolution to Adopt Updated Transportation Impact Fee to Replace the Town’s Existing Traffic Impact Mitigation Fee

3. Draft Ordinance Titled “An Ordinance of the Town of Council of the Town of Los Gatos Amending Town Code Section 15, Article VII ‘Traffic Impact Mitigation Fees’”

4. Redline of Proposed Changes to Town Code Section 15, Article VII

5. Draft Resolution to Modify Town Council Policy 1-08, “Transportation Impact Policy.”

6. Redline of Proposed Changes to Town Council Policy 1-08

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PAGE 2 OF 2
SUBJECT: Transportation Impact Fee
DATE: January 16, 2024
Attachments received with this Desk Item:

7. Public comment received between 11:01 a.m. Monday, January 15, 2024, and 11:00 a.m.

Tuesday, January 16, 2024.

8. PowerPoint presentation

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From: Phil Koen < >
Date: January 16, 2024 at 7:10:35 AM PST
To: Rob Moore <[email protected]>
Subject: Agenda item 12
[EXTERNAL SENDER]
Hello Rob,
I want to share some quick thoughts regarding the TIF study under consideration in agenda item #12. Unfortunately, this study fails to analyze what the law requires, which is a fair analysis of capital improvements related to growth.. There must be a factual causal relationship between new incremental growth and the capital expenditure.

Before adopting a TIF, a local jurisdiction must make a specific finding that include identifying the purpose of the fee and describing why the fee is needed to provide new or expanded facilities to mitigate the impacts of new development induced by the growth. Unfortunately, most of the projects listed are the result of deficiencies in current conditions. Under state law AB 1600, improvements to existing deficiencies cannot be funded through a TIF. At the very least the study needs to analyze and separate which capital costs will serve future growth vs which capital costs are associated with existing deficiencies.

I have attached the staff report from the study session that was held on October 10, 2023. The discussion of the SR-17 project is very instructive on this point. This project is all about addressing an existing regional deficiency. Just read VTM’s flyer ATTACHMENT 7

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on this project. If there was no growth in Los Gatos over the next 20 years, this project will still go forward given the current deficiencies. The staff report makes it very clear that the only reason this project is included is Staff wants to use TIF funds to pay for the required 10% match. That unfortunately is not how the law works. They have put the cart before the horse.

The net result of the TIF study is to burden 100 % of the $42m of unfunded capital project costs (and who knows if that number is even remotely accurate – I have my doubts) on the new residents of Los Gatos. This is driving the TIF for new residential units to increase anywhere from 168% to 178% at the same time we are trying to promote new housing
development. Furthermore, the difference between the
proposed TIF and surrounding jurisdictions of like size is breath taking. It simply doesn’t make sense to me.

Assessing the full cost of new infrastructure on new
housing/growth could prove to be exclusionary and place an outsized burden on or prevent the accommodation of new
residents. This is totally at odds to what we are saying in the HE.

My recommendation is the send the study to the FC and have the FC work with the consultant to prepare a complete TIF study. This one is deeply flawed.

As always, please let me know if you have any questions.

Phil Koen

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Transportation Impact Fee Program
Town Council Meeting
January 16, 2024
ATTACHMENT 8 1

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PROJECT BACKGROUND
2 • 2014 – Town’s most recent Nexus Study and Traffic Impact Fee are adopted (Resolutions 2014-017 and 2014-059) in accordance with Assembly Bill 1600 (the Mitigation Fee Act).
• 2022, January – Assembly Bill 602 takes effect, requiring new nexus studies for impact fees and certain other changes to fee calculation methodology. • 2022 – DKS Associates is contracted to develop new Nexus Study and Update Traffic Impact Fee Program.

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PROJECT BACKGROUND (Cont’d)
3 • May 2023 – Staff provides report on technical work completed and preliminary fee calculations.
• October 2023 – Town Council holds a study session to address questions raised in the May 2023 meeting and provides feedback to staff.
• November 2023 – Town Council received the draft Nexus Study, including the Capital Project List in Appendix 1, and set a hearing date for January 16, 2024.

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ADOPT THE NEXUS STUDY WITH CAPITAL IMPROVEMENT PLAN
4 • Informed by General Plan and previously adopted transportation related planning documents.
• Considers historic investment in transportation infrastructure. • Documents desired transportation investments based on adopted planning documents and needed projects. This is the Capital Improvement Plan as presented in Appendix Section 1 of the Nexus Study.
• Calculated the maximum justifiable fee to $57,907 per dwelling unit equivalent based on the historic level of investment the Town of has made in transportation related projects.

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UPDATE THE TRANSPORTATION IMPACT FEE
5 Land Use Classification Proposed Fee
Single Family Residential (per square foot)1 $6.10
Multi-Family Residential (per square foot)2 $6.96
Retail (per 1,000 square feet) $22,391.00
Office (per 1,000 square feet) $19,731.00
Industrial (per 1,000 square feet) $9,255.00

1. Single family fee is $16,051 per dwelling unit; converted to a square foot basis using an average single family residential unit size of 2,632 square feet.

2. Multi-family fee is $11,472 per dwelling unit converted to a square foot basis using an average multi- family residential unit size of 1,649 square feet.

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MODIFY TOWN CODE SECTION 15, ARTICLE VII
6 • Update title and name of the fee to Transportation Impact Fees to reflect the inclusion of bicycle and pedestrian projects in the Project List. • Update method of calculating the Transportation Impact Fee to reflect the Nexus Study and AB 602 requirements.
• Add credits of 50% for deed restricted low- and very-low-income housing units and for existing traffic from current uses of a property.

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MODIFY COUNCIL POLICY 1-08 TRANSPORTATION IMPACT POLICY 7 • Update the name of the fee
• Charge impact fees on Accessory Dwelling Units of 750 square feet or larger • Clarify per square foot basis fee calculation for residential units • Update information about credits to be consistent with proposed changes to Town Code Chapter 15
• Replace the project list in Attachment 2 with the Capital Improvement Plan in Appendix 1 of the Nexus Study.

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PROPOSED ACTIONS
8 a. Adopt a Resolution to Adopt the Transportation Impact Nexus Study dated November 2023 (including the Project List – Appendix 1 which serves as the Town’s Transportation Capital Improvement Plan)
b. Adopt a Resolution to Update a Transportation Impact Fee to Replace the Town’s Existing Traffic Impact Mitigation Fee
c. Introduce an ordinance titled “An Ordinance of the Town of Council of the Town of Los Gatos Amending Town Code Section 15, Article VII ‘Traffic Impact Mitigation Fees’” d. Adopt a resolution to modify Town Council Policy 1-08: “Transportation Impact Policy”

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PREPARED BY: Meredith Johnston
Administrative Technician
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 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 01/16/2024
ITEM NO:13
DATE: December 18, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Weed Abatement Public Hearing to Consider Objections to the Proposed Abatement of Hazardous Vegetation (Weeds) for Properties Listed on the 2024 Weed Abatement Program Commencement Report and Order the Abatement
RECOMMENDATION:

Weed abatement public hearing to consider objections to the proposed abatement of hazardous vegetation (weeds) for properties listed on the 2024 Weed Abatement Program Commencement Report (Attachment 1) and order the abatement.

BACKGROUND:

The Weed Abatement Program (the Program) is a different, but complementary program to the Brush Abatement Program. Both programs work to protect the Town by preventing fire hazards created by vegetative growth and the accumulation of combustible debris with the goal of voluntary compliance. The Town of Los Gatos Municipal Code Chapter 11, Article II, requires property owners to prevent potential fire hazards to provide protection for the property and any nearby structures by clearing hazards. The Program is administered by the County on behalf of the Town and is funded from fees assessed on the properties included on the assessment list. Every year while in the Program, each of the property owners are charged an annual compliance inspection fee and some incur costs for additional inspections, administrative, and abatement fees.

Typically, a property is placed in the Program after a County inspector identifies a potential fire hazard on the premises. Fire Departments, Code Enforcement, Public Works, and other public

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PAGE 2 OF 4
SUBJECT: Weed Abatement Program Public Hearing to Consider Objections to the Proposed Abatement of Hazardous Vegetation (Weeds) for Properties Listed on the 2024 Weed Abatement Program Commencement Report and Order the Abatement
DATE: December 18, 2023
BACKGROUND (continued):
agencies can also submit complaints to the County. Once a parcel is placed in the Program, it will remain until it displays compliance for three consecutive years, at which point it will be removed.

Property owners in the Program are given the opportunity to abate their weeds prior to receiving an annual compliance inspection by County staff to confirm if the property has been cleared of hazards according to the requirements defined in the Santa Clara County Weed Abatement Program https://weedabatement.santaclaracounty.gov/home. If the property owner has not complied with the requirements of the Program by the time of the County inspection, then the Town authorizes the County to remove the weeds. The County recovers its costs through a special assessment on each parcel’s property tax bill.

The Program is administered by the County on behalf of the Town and is funded from fees assessed on the properties included on the assessment list. Every year while in the program, each of the property owners is charged an annual compliance inspection fee and some incur costs for additional inspections, administrative, and abatement fees. The annual compliance inspection fee is currently $92.

DISCUSSION:

On December 5, 2023, the Town Council passed Resolution 2023-66 (Attachment 2) declaring hazardous vegetation (weeds) a public nuisance, providing for their abatement, and setting January 16, 2024 as a public hearing for the annual program to consider objections for proposed removal and to order the abatement. On December 18, 2023, the County mailed informational weed abatement program packets to all property owners, including the schedule and price list (Attachment 3).

The weed abatement process consists of eight steps that begin in November and go through August of each year. Currently, the process is at Step 4 on the list as illustrated below.

1. When properties are identified as having hazardous weeds, they are placed in the program, monitored, and must be compliant for three consecutive years in order to be removed from the program. County prepares a report of all properties that have been identified and provides the report to the Town (Attachment 1) (November).

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PAGE 3 OF 4
SUBJECT: Weed Abatement Program Public Hearing to Consider Objections to the Proposed Abatement of Hazardous Vegetation (Weeds) for Properties Listed on the 2024 Weed Abatement Program Commencement Report and Order the Abatement
DATE: December 18, 2023
DISCUSSION (continued):

2. Town Council adopts resolution declaring weeds a nuisance and sets a hearing date to hear objections by property owners to having their property listed on the report (Attachment 2) (December).

3. County sends notice to property owners on the report notifying them of the hearing date, along with guidelines on the Weed Abatement Program explaining that they must remove weeds by the abatement deadline or it will be done for them, and the cost of the abatement plus administrative costs will be assessed by the County Tax Collector against the respective property (Attachment 3) (December).

4. Town Council holds a public hearing to consider objections by property owners and orders abatement (January).

5. County sends a courtesy letter to property owners on the report notifying them again of the abatement deadline (January).

6. After the April parcel abatement deadline, the properties are inspected by the County to verify that weeds were removed and proceeds with abatement if the inspection fails.

County creates an assessment report of all costs associated with the abatement and provides that report to the Town (June-July).

7. Town notifies the property owners on the assessment report notifying them of the hearing date (July).

8. Town Council holds a public hearing, notes any disputes, and adopts a resolution confirming the assessment report, authorizing collection of the assessment charges (August).

CONCLUSION:

Staff recommends that the Council conduct a public hearing to consider objections to the proposed abatement of hazardous vegetation (weeds) for properties listed on the 2024 Weed Abatement Program Commencement Report (Attachment 1) and order the abatement. At the time of this report’s preparation, staff had not been contacted regarding potential objections.

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PAGE 4 OF 4
SUBJECT: Weed Abatement Program Public Hearing to Consider Objections to the Proposed Abatement of Hazardous Vegetation (Weeds) for Properties Listed on the 2024 Weed Abatement Program Commencement Report and Order the Abatement
DATE: December 18, 2023
COORDINATION:

This program has been coordinated with the Santa Clara County Consumer and Environmental Protection Agency - Weed Abatement Program.

FISCAL IMPACT:

The County’s Weed Abatement Program administers services for 12 local agencies under a cost recovery model, paid for by fees imposed on the parcel owners. The estimated program cost related to each agency is based on the number of parcels per agency.

Should the funding associated with the assessments fall short of the total program cost, the Town will be billed for a pro-rata share of the program such that the County achieves full cost recovery. If the County needs to request additional funds, this would be absorbed in the Parks and Public Works Operating Budget. Funds are provided in the Fiscal Year (FY) 2023/24 Operating Budget to cover the cost of publishing all required legal notices.

ENVIRONMENTAL ASSESSMENT:

In accordance with CEQA Guidelines Section 15304, the Town’s weed abatement program is categorically exempt from CEQA as a minor alteration to land.

Attachments:

1. 2024 Weed Abatement Program Commencement Report

2. Resolution 2023-66

3. Abatement Program Packet Mailed to Parcel Owners

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ATTACHMENT 1
2024 Weed Abatement Program
Commencement Report
Town of Los Gatos
Situs APN
831 POLLARD RD 406-26-011
102 VIA TERESA 407-12-016
CALLE MARGUERITA 409-04-049
MARGUERITA 409-04-052
0 409-08-001
17349 WEDGEWOOD AV 409-14-017
14344 LA RINCONADA DR 409-14-019
14330 LA RINCONADA DR 409-14-020
14341 BROWNS LN 409-14-035
14329 MIULLBERRY DR 409-15-021
17631 WEDGEWOOD AV 409-17-010
105 NEWELL AV 409-24-026
14810 CLARA ST 409-25-030
14821 GOLF LINKS DR 409-27-005
14885 LA RINCONADA DR 409-32-004
14635 GOLF LINKS DR 409-46-025
16245 BURTON RD 424-06-115
BURTON RD 424-06-116
14823 LOS GATOS BL 424-07-065
14990 TERRENO DE FLORES LN 424-10-004
14926 LOS GATOS BL 424-10-009
16171 SUN RAY DR 424-19-070
15545 BENEDICT LN 424-20-008
15710 WINCHESTER BL 424-27-013
0 LAUREL AV 510-41-068
72 FAIRVIEW PLAZA 510-43-010
WOOD RD 510-46-006
WOOD RD 510-46-007
110 WOOD RD 510-47-038
138 WOOD RD 510-47-044
148 HILLBROOK DR 523-11-018
UNION AV 523-42-011
15970 QUAIL HILL RD 527-01-014
101 DRYSDALE DR 527-04-008
16084 GREENRIDGE TR 527-15-002
LARGA VISTA DR 527-16-013
14850 BLOSSOM HILL RD 527-18-014
401 SURMONT DR 527-20-002
14510 BLOSSOM HILL RD 527-23-027
110 BELVALE DR 527-30-020

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ATTACHMENT 1
Situs APN
125 BELVALE DR 527-30-028
175 BELWOOD GATEWAY 527-30-032
103 PANORAMA WY 527-42-026
310 SANTA ROSA DR 527-55-036
118 HARWOOD CT 527-56-020
112 HARWOOD CT 527-57-008
615 BLOSSOM HILL RD 529-16-026
17047 PINE AV 529-20-011
BELLA VISTA AV 529-23-015
BELLA VISTA AV 529-23-016
405 ALBERTO WY 529-23-018
BELLA VISTA AV 529-23-019
BELLA VISTA AV 529-23-020
50 RESERVOIR RD 529-29-065
30 RESERVOIR RD 529-29-066
39 RESERVOIR RD 529-33-022
140 FOSTER RD 529-37-015
529-39-047
TWIN OAKS DR 532-16-006
16508 KENNEDY RD 532-17-025
16461 KENNEDY RD 532-17-027
16481 SHORE PINE RD 532-17-028
150 BROOKE ACRES DR 532-18-039
17511 PHILLIPS AV 532-39-009
17435 PHILLIPS AV 532-39-013
15312 KENNEDY RD 537-15-001
15220 KENNEDY RD 537-15-004
14050 SHANNON RD 537-17-027
233 FORRESTER RD 537-21-010
229 FORRESTER RD 537-22-011
210 WOODED VIEW DR 537-23-046
15876 SHANNON RD 537-26-009
15780 SHANNON RD 537-26-016
15760 SHANNON RD 537-26-018
209 FORRESTER RD 537-28-005
16060 CERRO VISTA DR 537-30-004
15975 CERRO VISTA DR 537-30-007
16380 HARWOOD RD 567-18-068

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ATTACHMENT 2

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ATTACHMENT 3

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(over)
TRA 03
Notice to
Destroy
Weeds
NOTICE IS HEREBY GIVEN that on December 5, 2023, pursuant to the provisions of Section

11.20.020 of the Town Code of the Town of Los Gatos, the Town Council of said Town adopted a Resolution declaring that all weeds growing upon any private property or in any street, sidewalk or alley, as defined in Section 11.20.020 of such code, constitute a public nuisance, which nuisance must be abated by the destruction or removal thereof.

NOTICE IS FURTHER GIVEN that property owners shall within thirty days after the adoption of such resolution, or within the time specified in a written agreement with the Director of Parks and Pubic Works of the Town of Los Gatos, or the Director of Parks and Pubic Works' representative, whichever time shall be later, remove all such weeds from their property, the abutting sidewalks, and the abutting half of the street in front, and alleys, if any, behind such property, and between the lot lines thereof as extended, or such weeds will be destroyed or removed and such nuisance abated by the Town of Los Gatos, in which case the cost of such destruction or removal will be assessed upon the lots and lands from which, or from the front or rear of which, such weeds shall have been destroyed or removed; and such cost will constitute a lien upon such lots or lands until paid, and will be collected upon the next tax roll upon which general municipal taxes are collected. All property owners having any objections to the proposed destruction or removal of such weeds are hereby notified to attend a meeting of the Town Council of such Town to be held in the Council Chambers of said Town at 110 East Main Street, Los Gatos, California, on Tuesday, January 16, 2024 at 7:00 p.m., or as soon thereafter as the matter can be heard, when their objections will be heard and given due consideration.

The language and format for this notice is required by California Health and Safety Code Sections 14891 Et. Seq.

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(over)

LOS GATOS WEED ABATEMENT PROGRAM SCHEDULE
January 16, 2024 Public hearing to consider objections to Abatement List.

April 15, 2024 PARCEL ABATEMENT DEADLINE
Parcel must be free from hazardous vegetation by this date or Inspector will order abatement.

July-August, 2024 Assessment Hearing to protest abatement charges (Date subject to change, please confirm with City Clerk)

2024 COUNTY WEED ABATEMENT FEES
Properties in the Weed Abatement Program, you will be responsible for an annual inspection fee of $96.00 per parcel.

Please be advised that the property owner of any parcel found to be non-compliant on or after the April 15th deadline will be charged a processing fee of $546.00 and the property will be scheduled for abatement by the County contractor. If you complete the abatement work before the County contractor performs the abatement, you will not incur further charges.

Should the abatement work be performed by a County contractor, you will be assessed the contractor’s charges plus a County administrative fee of $884.00 per parcel. 2024 COUNTY CONTRACTOR’S WEED ABATEMENT PRICE LIST
A) Disc Work**
PARCEL SIZE: 1
st Disc + 2nd Disc = Total Discs
0-12,500 sq.ft. $424.26 $170.56 $594.83
12,501sq.ft.- 43,560sq.ft. $424.26 $170.56 $594.83
Larger than 1 Acre $308.19 $150.51 $458.70 (PER ACRE)
** It is required that parcels be disced twice a year. The cost for the first discing is higher due to additional work normally required during the first discing.

B) HANDWORK $5.73 PER 100 Square Feet (SF)
C) FLAIL 6 Foot Mower $7.31 PER 1,000 SF
MOWING 12 Foot Mower $7.31 PER 1,000 SF
D) LOADER WORK $175.31 PER HOUR
E) DUMP TRUCK $161.82 PER HOUR
F) BRUSH WORK $5.47 PER 100 SF
G) DEBRIS REMOVAL $60.20 PER HOUR
H) DUMP FEE 100%
Added to orders with debris removal at 100% of the dump site charge. *Please note this program does not offer herbicide application as a method of abatement.

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Sample

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MINIMUM FIRE SAFETY STANDARDS (MFSS)
Fire Safety
Through
Vegetation
Management
Fire Resistant Landscaping
Santa Clara County
Consumer and Environmental
Protection Agency
Weed Abatement Program

1553 Berger Drive #1
San Jose, Ca 95112
Phone (408) 282-3145
Fax: (408) 286-2460
[email protected]

1. Vegetation must not exceed 6 inches in height any time after the compliance deadline.

2. Maintain grasses and weeds below 6 inches for 10 feet horizontally on both sides of all roadways, including driveways and access routes. Roads and driveways must maintain a clearance of 10’ W by 13’6” H for all vegetation.

3. Clear flammable vegetation a minimum of 30 feet around any structure, occupied or not. Ornamental vegetation should be kept clear of dead material. Some conditions, such as slopes, may require up to a 100 foot clearance.

4. Parcels one acre or less shall be completely abated. Parcels over one acre up to five acres require 30 foot clearance around structures and perimeter property lines. Additional 30 foot cross fuel breaks may also be required.

5. Parcels larger than five acres require 30 foot clearance around structures and perimeter property lines in addition to 30-foot cross fuel breaks as needed to separate the remaining vegetation into sections no larger than five acres.

6. Keep property clear of accumulation of combustible debris, such as trash, wood, and dead vegetation. Stacked firewood and neatly piled yard waste is not considered to be combustible debris.

7. Keep vegetation cleared from under the eaves of houses.

8. Trim tree branches to at least 10 feet away from chimneys. Trim tree branches up from the ground to provide at least 6 feet of vertical clearance.

9. Clear leaves, pine needles and debris from roof and gutters.

The following is a partial list of fire resistant plants that you may choose to use around your home to reduce the risk of fire. Contact your local nursery for selections appropriate to your area. All grasses, including those purportedly fire resistant, must be maintained below 6” in height.

Trees:

African Sumac
California Pepper
Shrubs:

Bearberry
Carmel Creeper
Carolina Cherry
Catalina Cherry
Escallonia
Hopseed Bush
Lemonade Berry
Groundcover:

Aaron’s Beard
Australian Daisy
Candytuft
Sterile Capeweed
Freeway Daisy
Rock Rose (except Gum
Variety)

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The Santa Clara County Weed
Abatement Program
The Santa Clara County Consumer and Environmental Protection Agency and your city are working together to protect your community from fire. We need your help. Please read and follow the directions provided in this brochure regarding fire prevention on your property. The purpose of the Weed Abatement Program is to prevent fire hazards posed by vegetative growth and the accumulation of combustible materials.

The Weed Abatement program is entirely funded from fees charged to residents. Fees will be assessed for any property in the program.

This is to cover the cost of the compliance inspection for the property. Properties that fail the compliance inspection will be charged a failed inspection fee, even if the resident completes the weed abatement. If the property requires abatement by the County contractor, the property owner will be responsible for the actual cost of abatement plus an administrative fee. Properties that meet and maintain the minimum fire safety standards will not be charged other than the annual fee.

Program staff annually inspect parcels at the beginning of the fire season, which is typically in March or April depending on your jurisdiction. If the parcel is not in compliance at the time of inspection, the property owner will be charged a failed inspection fee, and the owner will be sent a courtesy notice as a reminder to abate the weeds. If the weeds are not abated by the property owner, the work will be completed by the County contractor. The property owner will pay the contractor’s fees plus a County administrative fee. All fees will be included in your property tax bill.

Our Goal Is Voluntary Compliance
Property Owner’s Responsiblilities
• Do not allow a fire hazard to exist on your property. The Minimum Fire Safety Standards (MFSS) in this brochure give you guidelines to follow in order to maintain your property and protect against a fire hazard. Please contact our office if you need guidance or have any questions regarding the requirements!
• Make arrangements to have your property maintained throughout the year. Contractors can be found in the yellow pages. You may choose to have the County contractor maintain your property. A current price list is included in your packet.
• Please complete and return the Reply Form provided in your mailing packet by the date on the form. Indicate your preference regarding performance of weed abatement services.

Program Staff Responsibilities
• Weed Abatement Inspectors will perform periodic inspections on all parcels included in the Santa Clara County Weed Abatement Program. Properties that fail the compliance inspection will be charged a failed inspection fee, even if the resident completes the weed abatement.
• Inspectors will order the County contractor to perform all necessary abatement work on any parcel where the MFSS are not met. An attempt will be made to give the owner a courtesy notice prior to releasing the work order.
• The County contractor uses several methods of abatement including discing and handwork. The property owner is free to select whatever method they choose, provided the MFSS of all federal, state and local laws are met.
• The Weed Abatement Program will place inspection costs and the charges for County contractor services plus a County administrative fee on the property owner’s tax bill during the next fiscal year.

Burrowing Owls
Frequently Asked Questions
Q. Why have I received an Abatement Notice?
A. Typically, a property is placed on the program if a Weed Abatement Inspector identified a potential fire hazard on the property. Fire Departments and other agencies also submit complaints to the Weed Abatement Program.

Q. What is required of me now that I am in the Program? A. All property owners are required to maintain their property free of fire hazards throughout the year.

Q. The grasses planted on my property are fire resistant. Are they exempt from the Weed Abatement program?
A. No. Even grasses that possess some fire resistant qualities are not fire proof, and they can add fuel to any site that is subject to a fire. Additionally, fire resistant grasses are rarely found in a pure, homogenous stand but rather are usually found to occur mixed with other common introduced annual grasses that are highly flammable and hazardous in a fire event. Finally, many grasses occur in Santa Clara County and species identification is difficult in the field, especially after the spring when the reproductive portions required for identification have dried and dispersed. Weed Abatement Inspectors can only focus on the presence of grasses and weeds on your property and the Minimum Fire Safety Standards, and not on grass species identification. Therefore, all grasses are required to be below 6 inches in height.

Q. What is the SC County Weed Abatement Program?
A. This is a monitoring program and our primary objective is voluntary compliance. See the first two paragraphs of this brochure for further specifics.

These small owls nest in abandoned ground squirrel
burrows. Discing collapses the burrows and kills the young.

These owls are listed as a state Species of Special Concern and are protected by the federal Migratory Bird Treaty Act. If you suspect burrowing owls on your property you must use another form of weed abatement such as mowing or weedeating. If you request the County perform abatement services, please notify program staff or your City if burrowing owls are known to exist on your property.

More FAQ:

Q. How long will I be on the Program?
A. Your property will remain on the Program for three years. If no hazards are found during that time, your property may be removed from the program.

Q. How much will this cost me?
A. There will be an annual fee to cover the cost of the compliance inspection. If the parcel does not meet the MFSS when it is first inspected in the spring, or if work is required by the County contractor, you will be charged additional fees. Our goal is to ensure that the MFSS are met at the lowest possible cost to the property owner.

Q. How will I be billed?
A. Any charges for the inspection and any abatement work performed will appear as a special assessment on your next property tax bill.

Q. Why have you performed work on my property while the vegetation is still green?
A. Grass, weeds or piles of combustible debris have been declared a public nuisance by your jurisdiction. Abating fire hazards in the spring minimizes the volume of combustible material before the hazards increase and dries out completely during the peak fire season.

Q. Will you notify me prior to beginning abatement work? A. Property owners are responsible for preventing fire hazards on their property. If the MFSS have been met, but further work is necessary, you will receive notice prior to the County contractor performing the work. If the MFSS have not been met, an attempt will be made to give the owner a courtesy notice prior to initial abatement.

Q. Where can I find someone to provide abatement
services?
A. Weed Abatement contractors can be found in the Yellow Pages under “Weed Control Services” or “Discing Services”.

You may have the County contractor perform the necessary work; see your mailing packet for a current price list as administrative costs are charged.

Q. How can I get additional information or assistance
regarding the specific requirements for my property?
A. Weed Abatement Inspectors are available to assist you and answer your questions. Please call our Customer Service line at (408) 282-3145 to schedule a consultation with program staff or to obtain additional information.

Q. I have Grazing Animals do I need to perform abatement? A. Grazing animals do not absolve you of your responsibilities to provide a fire safe condition on your property. You will need to check with our office to determine if grazing is adequate or if additional work is required. Page 1184
PREPARED BY: Jamie Field
Chief of Police
Reviewed by: Town Manager, Assistant Town Manager, Finance Director, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 01/16/2024
ITEM NO: 14
DATE: January 11, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Consider the Following Actions:
a. Receive the Information Provided in the Police Services Report: July – December 2023,
b. Authorize the Town Manager to Execute an Agreement with Meliora Public Safety Consulting to Conduct an Organizational Assessment and Develop a Data Analysis Toolkit in an Amount Not to Exceed $80,000, and
c. Approve an Expenditure Budget Adjustment in the Amount of $80,000 from the Available General Fund Capital/Special Projects Reserve.

RECOMMENDATION:
a. Receive the information provided in the Police Services Report: July – December 2023, b. Authorize the Town Manager to execute an agreement with Meliora Public Safety Consulting to conduct an organizational assessment and develop a data analysis toolkit in an amount not to exceed $80,000, and
c. Approve an Expenditure Budget Adjustment in the amount of $80,000 from the Available General Fund Capital/Special Project Reserve.

BACKGROUND:

On August 3, 2023, the Los Gatos-Monte Sereno Police Department (LGMSPD) Chief presented to the Town Council an update on staffing, efficiencies and improvements, and public safety service delivery. These reports typically occur twice a year and this report is the second for the current fiscal year.

The report provides an overview of the following information:
 Department staffing update and outlook
 Projects and Audits

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PAGE 2 OF 12
SUBJECT: Receive the Information Provided in the Police Services Report: July – December 2023 and Authorize Organizational Assessment
DATE: January 11, 2024
BACKGROUND (continued):
 Integral Department Wellness
 Trends in calls for service and policing response
 Flock Update
 Community engagement and partnerships
 Proposed organizational assessment and data analysis
DISCUSSION:

DEPARTMENT STAFFING UPDATE AND OUTLOOK
Appropriate staffing ensures the Department can deliver all of the law enforcement and related services expected by the communities of Los Gatos and Monte Sereno as described in the Town’s Adopted Operating Budget. Recruitment and retention remain a high priority as the Department continues to experience challenges due to protected leaves and a significant number of anticipated retirements in calendar year 2024.

Reduced staffing due to extended protected leaves has positioned the Police Department without five sworn positions for at least the last five months and in some instances much longer. Four of the protected leave positions are held by individuals with leadership roles in the Department, requiring the remaining leadership team of Corporal, Sergeant, Captain, and Chief to absorb the responsibilities. Available sworn staffing is down from 35 sworn Officers available as a solo resource to 30 out of the 39 budgeted positions. During the last six months, the Police Department has had two sworn members retire.

Filling these voids continues to require significant recruitment and hiring efforts, which are currently underway. The staff involved in the applicant evaluations, oral boards, backgrounding, and onboarding have been continuously reviewing applications, holding oral boards, and promoting the Department opportunities through various means.

Potential lateral Officers and individuals for the Police Officer Trainee positions are currently in the background process. Each Police Officer Trainee must complete a six-month Police Academy and a 16-week Field Training Officer (FTO) Program, making them a yearlong focus prior to being available as a solo Officer. The fiscal costs for a new Officer that is sponsored through the Academy is just under $70,000, not including the time for LGMSPD staff to oversee the 16-week FTO Program. As a result, the Police Department continues to offer an employee referral bonus and a hiring bonus for lateral Officers as they can go into service as a solo Officer much sooner without the Academy and lengthy field training costs.

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PAGE 3 OF 12
SUBJECT: Receive the Information Provided in the Police Services Report: July – December 2023 and Authorize Organizational Assessment
DATE: January 11, 2024
DISCUSSION (continued):

The LGMSPD has two Police Officer Trainees currently in a Police Academy and if they successfully complete the Academy, they will then begin a Field Training Program this spring.

Additionally, the LGMSPD is striving to have two Police Officer Trainees beginning a Police Academy in January 2024 and to enroll another two Police Officer Trainees in the April 2024 Police Academy. This will stagger the necessary training efforts as availability of Field Training Officers are limited.

Additionally, the Police Department is anticipating promotional opportunities for the position of Corporal, Sergeant, and a Captain in 2024. LGMSPD is in the process of working with an independent law enforcement consultant to perform assessments at the end of February 2024 to establish a promotional list for a year for both Corporal and Sergeant. To provide a broad pool of knowledgeable, well experienced applicants, and potentially encourage additional sworn lateral interest, the position of Sergeant is being opened to outside candidates for the first time. It is hoped that individuals who have ascended in their current agency to an equivalent position of Sergeant may be interested in applying to LGMSPD. In the anticipated event of a Captain position opening due to retirement, a Law Enforcement Executive Recruitment company has been identified to assist with promoting and swiftly filling the void.

Due to attrition of Officers and leaders with institutional knowledge and the continued hiring of new sworn personnel, the depth of experience and leadership potential is still developing, and some future opportunities may be filled with lateral leaders.

In the prior Police Services Report, there were 28 available sworn Officers divided among four patrol shifts in the Patrol Division, Investigations Division, and Administration. The current number is 30 available sworn with another two expected to depart in a couple months, bringing the number back to 28. Removing the three sworn Command staff (Chief and two Captains) results in 25 available sworn Officers to deliver core Patrol and Investigative services. Part-time Community Services Officers (CSOs) and Reserve Police Officers have assisted to meet the workload demands; however, LGMSPD expects to be recruiting to fill at least one future vacant CSO position. The table below identifies the current availability of sworn staff, while also considering protected leave:

Budgeted
Sworn
Current
Sworn
Off due to
protected leave
Light /
Modified Duty
Field Training Total Active and
available
39 35 5 0 0 30
CSOs worked 1417 hours during this reportable six-month timeframe and Reserve Police Officers worked 890 hours. Dispatch has eight budgeted positions. Currently, there are six operational Dispatchers and one in training. The Police Department has five per diem

Page 1187 ends

PAGE 4 OF 12
SUBJECT: Receive the Information Provided in the Police Services Report: July – December 2023 and Authorize Organizational Assessment
DATE: January 11, 2024
DISCUSSION (continued):

Dispatchers to supplement the full-time Dispatch staff and allow for coverage during training and vacation. LGMSPD is evaluating an eighth Dispatcher through the background process. The per diem Dispatchers have filled in for 403 hours throughout the prior six months.

The Police Department has hired one Dispatcher who is in training and had a Dispatch Academy recruit graduate and successfully complete the Dispatch Field Training Program since July 2023.

The chart below shows the difference in overtime hours between the last two fiscal year periods of July to December. Dispatch is supplemented by per diem Dispatchers and sworn staff is supplemented by Reserve Officers and the limited duties of CSOs and Parking Control; therefore, the overtime does not fully reflect the variance to 39 operational Officers. The FY 2023 overtime for sworn and professional staff during the first six months of this fiscal year is due to limited staffing, workers compensation vacancies, required trainings, and the Town special events.

Title 7/1/22-12/31/22 7/01/23 – 12/31/23 Variance in FY Communications 1,582 hours 1364 hours 218 hours
Sworn Staff 4,750 hours 3432 hours 1318 hours

PROJECTS AND AUDITS
Technology Projects and Equipment: LGMSPD began accepting Concealed Weapons Permit applications following the passing of an ordinance in August 2023 by the Los Gatos Town Council and in September 2023 by the City of Monte Sereno Council. LGMSPD uses an online application processing system known as Permitium, commonly used by other California Law Enforcement agencies. The online application and the ordinances are accessible on the LGMSPD website: https://www.losgatosca.gov/2857/Concealed-Carry-Weapon-CCW-Permits .

The increase of Concealed Weapon Permit (CCW) applications has necessitated support by a Reserve Officer and oversight of an Administrative Sergeant to receive, monitor, interview, and process the Town’s CCW applications, although no CCW permits have yet been issued.

Other significant software platforms and equipment have been implemented including automated Field Training and Dispatch Training evaluation processes. Council also recently approved the execution of an agreement to introduce electronic citation technology for more streamlined communication with the offender, courts, and the records database, using a grant from the Office of Traffic Safety (OTS). Other technology and projects include continuously evaluating and advancing the use and knowledge of the Los Gatos drone program, digital marketing and recruiting efforts, and updating capabilities through State funding for our Communications Dispatch Center.

Page 1188 ends

PAGE 5 OF 12
SUBJECT: Receive the Information Provided in the Police Services Report: July – December 2023 and Authorize Organizational Assessment
DATE: January 11, 2024
DISCUSSION (continued):

Additionally, through the funding efforts of the Los Gatos Police Foundation and research by our School Resource Officer (SRO), a “Campus Safety Cart” was purchased and introduced in October 2023.

This is a street legal and electric powered golf cart that allows the SRO to travel between six school campuses during periods of congested traffic, and for various Town events throughout the year.

The “Campus Safety Cart” can access almost every area of the campuses, as well as the surrounding parking lots, trails, and areas that are not accessible by a patrol vehicle. Since implementation, several other law enforcement agencies throughout California have inquired for more information as they assess utilizing similar equipment in their areas.

Grants and Settlements: Additional equipment projects are expected in the next several months due to approved funding from the State Homeland Security Grant program (SHSGP).

The release of the funds from the State is expected to occur in January or February and Council would then be asked to accept the funds and approve their use for qualifying expenses.

The County provided the Town with a Tobacco Grant for assuring retail establishments were in compliance during the last six months.

During the prior fiscal year, the State allocated funding to every California law enforcement agency for purposes of Officer wellness: Board of State Community Corrections (BSCC) Officer Wellness and Mental Health Grant. The one-time amount was based on the size of each law enforcement agency and resulted in about $30,000 for LGMSPD. The use of the funds is discussed within the Integral Wellness section of this report.

The LGMSPD received notification in early 2023 that it would be receiving Opioid Settlement funds in an undetermined amount over the next several years. The funds can be used by the receiving agency for Narcan training, community education, prevention and outreach, intervention, and improved safety measures for public safety. The Youth Commission in collaboration with the LGMSPD SRO are working on recommendations for use of these funds, which will be brought to Town Council for consideration. Some of the funds were applied to the production costs for Fentanyl High that was produced by Los Gatos High School student Kyle Santoro. Members of LGMSPD and the Youth Commission attended the showing of Fentanyl High in the Los Gatos Move Theatre in December 2023.

Audits: Law enforcement auditing processes and requirements have significantly increased due to unfunded mandates. These audits typically involve an examination of law enforcement

Page 1189 ends

PAGE 6 OF 12
SUBJECT: Receive the Information Provided in the Police Services Report: July – December 2023 and Authorize Organizational Assessment
DATE: January 11, 2024
DISCUSSION (continued):
practices, policies, and procedures to ensure accountability, transparency, and adherence to legal and legislative standards. In October 2023, LGMSPD received confirmation letters from Department of Justice auditors that LGMSPD is “In Compliance” for state and federal requirements of the following systems:
- California Law Enforcement Telecommunications System (CLETS) – audits include administrative review of policies, user/agency agreements, completion of required trainings and security, and an on-site inspection.
- Department of Justice Criminal Offender Record Information (DOJ CORI) – a random sample of 71 inquiries was selected and “Compliance” with statutes and regulations was confirmed.
- Federal Bureau of Investigation’s (FBI) Interstate Identification Index (FBI III) – a random sample of inquiries was evaluated between July – September 2023 and LGMSPD was in “Compliance”
The Police Officer Standard and Training (POST) guides many requirements for California law enforcement agencies. A POST audit is conducted to evaluate our hiring, retention, and training standards every two years. LGMSPD passed this audit in 2023 and continues to meet the increasing POST training requirements, some of which are outlined on the Department’s Transparency webpage: https://www.losgatosca.gov/2713/Transparency-and-Data-page.

Additional law enforcement reporting mandates include the Racial Identity Profiling Act (RIPA) requirements. This involves Officers completing various data inquiries following each traffic stop or proactive contact and RIPA data are reported out annually by DOJ. The California Incident Based Reporting System (CIBRS) outlines more than a dozen collected datapoints an Officer must complete prior to approval of any report and captures details that are reported to the state. CIBRS capture details on victims, known offenders, relationships between victims and offenders, arrestees, property, and drugs involved in crimes within an incident, representing a substantial shift in crime reporting. The additional crime incident data provides greater analytic capability in comparison to the previously utilized Uniform Crime Reporting (UCR) standard. The Town’s data can be found in a presentation that will be given to Town Council on January 16 to accompany this report (see Attachment 1).

Evidence and Property Audits: Evidence and property audits in law enforcement involve the systematic review and verification of items held by the police as evidence or property. These audits ensure the accuracy, security, and proper handling of items, often tied to criminal investigations. It is crucial to maintain the integrity of legal proceedings and ensure that evidence is handled in accordance with established protocols and laws. Evidence audits can be quite costly and therefore, may be infrequent for law enforcement agencies.

Page 1190 ends

PAGE 7 OF 12
SUBJECT: Receive the Information Provided in the Police Services Report: July – December 2023 and Authorize Organizational Assessment
DATE: January 11, 2024
DISCUSSION (continued):

From June to December of 2023, a temporary employee was hired to fill a void due to a professional staff member being on protected leave. The temporary employee completed several key projects, including an evaluation of current processes, audit for compliance and efficiencies, consolidated database, and the movement of approximately 32,000 pieces of evidence from a temporary storage area to a permanent Police Evidence Storage warehouse which created space for a dedicated office currently used by the Traffic Sergeant at the Police Operations Building (POB).

INTEGRAL DEPARTMENT WELLNESS
Organizational wellness is one of the goals for LGMSPD that has been emphasized in the last six months by building a sustainable, accessible, and comprehensive integral wellness program for the Police Department. The integral wellness program addresses multiple aspects of wellbeing, including physical, mental, and emotional health. The program incorporates fitness, nutrition, stress management, mental health support, and other holistic elements to promote overall well-being, resiliency, and healthy lifestyles. Integrating these components can lead to improved employee health, increased productivity, and a positive organizational culture.

The Integral Wellness Program for the Police Department includes:
- Chaplains from the Los Gatos community.
- Therapy Dogs with one sworn and one professional staff member as handlers. - Educational Support Incentive through the Memorandum of Understanding (MOU) with the Town Employees Association (TEA) and Police Officers Association (POA) bargaining units.
- New Employee Assistance Program (EAP) with public safety competent therapy resources for up to eight visits. The new EAP program implemented in July by Human Resources also offers many other tools for the employee and their family. - On-site fitness facility located at the Police Operations Building and available to all Police Department staff. On-duty workout time is available if appropriate level of staffing and calls for service permit.
- Peer Support through sworn and professional colleagues that have attended peer support training and can offer assistance and resources confidentially.

In July and August 2023, LGMSPD worked with Sigma Tactical Wellness and brought a comprehensive health assessment and Cardiometabolic testing company specifically for First Responders on-site. The evaluation process was confidential to the employee and offered to all LGMSPD employees. This was financially supported by the BSCC Officer Wellness and Mental Health Grant. LGMSPD also offered access to Sigma Tactical to several other nearby law

Page 1191 ends

PAGE 8 OF 12
SUBJECT: Receive the Information Provided in the Police Services Report: July – December 2023 and Authorize Organizational Assessment
DATE: January 11, 2024
DISCUSSION (continued):
enforcement agencies, including Campbell Police Department, Los Altos Police Department, and Milpitas Police Department who paid for their own assessments. In total, there were 96 individuals that took part in the health assessment, with about 40 being from LGMSPD.

TRENDS IN CALLS FOR SERVICE AND POLICING RESPONSE
LGMSPD continues to meet response time performance goals and provide a high level of service to the community; however, due to low staffing there is less discretionary time utilized for visibility, engagement opportunities, and some proactive policing measures.

The following table depicts a comparison of the Communications Division call volume, both inbound and outbound, immediacy to which they are answered, and number of 911 calls over the last two years between the months of July to December.

July –
December
Inbound 911
calls
% of 911 calls
answered < 10 seconds
Incoming Nonemergency callsNon-emergency
Outbound calls
2022 4,589 96.8% 15,112 7,453
2023 4,709 96.6% 15,967 7,726
The industry standard for a Public Safety Answering Point (PSAP) agency is a target for 911 calls to be answered within less than ten seconds 95% of the time. Outbound calls can be a result of transferring callers to other points of contact within Town Departments, contacting or following up with community members, or conducting other inter-agency duties.

Officers’ response to priority calls for service continue to be comparable to prior years, meeting the performance targets. These metrics can be found in the Fiscal Year 2023/24 Adopted Operating Budget in the performance measures section of the Police Department chapter.

Priority 1 refers to immediate emergency with threat to life or a public safety hazard, Priority 2 is an urgent emergency that requires an immediate response, and a Priority 3 incident is a nonemergency. The LGMSPD has set response time goals of 5:00 minutes for Priority 1 calls, 10:00 for Priority 2 calls, and 15:00 for Priority 3 calls.

FLOCK UPDATE
In August 2023, the Town of Los Gatos Council approved for LGMSPD to share data obtained through the Automated License Plate Reader (ALPR) systems managed through Flock

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PAGE 9 OF 12
SUBJECT: Receive the Information Provided in the Police Services Report: July – December 2023 and Authorize Organizational Assessment
DATE: January 11, 2024
DISCUSSION (continued):

Technology with agencies within Santa Clara County. This increases the ability to investigate and deter crime by broadening the data pool locally. The public may access information on the Flock Transparency page (https://transparency.flocksafety.com/los-gatos-ca-pd) , including the Police Department ALPR Policy.

By way of an example, the Flock Technology was instrumental in several instances of vehicle theft, crime prevention, and recent retail theft that occurred during one week in early December 2023. The following is a chronological order of events of that week and the impact Flock Technology had on the success of deterrence, prevention, and accountability through collaborative resources.
- The manager of a private Los Gatos neighborhood Flock camera contacted LGMSPD about his community’s concerns about a pickup truck that had been repeatedly seen slowly driving through the area. It was determined to be a roofing contractor working in the area. This partnership helped allay the neighborhood’s concerns that the driver was not casing the neighborhood for future crime.
- A Town Flock camera alerted LGMSPD that a vehicle wanted in another agency’s commercial burglary investigation had entered downtown. Officers located the vehicle and arrested the driver for an outstanding burglary warrant and for the possession of methamphetamine found in the vehicle.
- A Town Flock camera alerted LGMSPD that a stolen car had entered Town. LGMSPD Officers located it parked at a downtown business and attempted to take the suspect into custody when he returned to the vehicle. The suspect intentionally rammed the stolen car into the occupied LGMPSD police vehicle before fleeing. The vehicle was located in the Santa Cruz Mountains, the suspect was identified, and a multi-agency investigation was launched to locate the suspect who was determined to be a dangerous parolee with prior convictions for weapons offenses. - LGMSPD learned that a particular vehicle had been used in two Apple store Organized Retail Crime (ORC) cases in the prior two days with a combined loss over $110,000. The suspect vehicle’s license plate was added to the Flock Hotlist. A Town Flock camera alerted LGMSPD that the vehicle used in the Apple store retail thefts had entered Town. Officers moved to that area and confronted the vehicle that then fled out of Town. Research into the Town’s Flock system identified a previously unknown accomplice vehicle. This intelligence was forwarded around the Bay Area. - LGMSPD was alerted to an organized retail burglary in progress at Lululemon. Officers arrived and intercepted the suspects leaving the store. Their getaway vehicle fled. The town Flock system was used to obtain an image and the license plate of the vehicle. - A Town Flock camera alerted LGMSPD that a vehicle wanted in a felony hit-and-run from another agency had entered town. Shortly later, a community-owned Flock camera

Page 1193 ends

PAGE 10 OF 12
SUBJECT: Receive the Information Provided in the Police Services Report: July – December 2023 and Authorize Organizational Assessment
DATE: January 11, 2024
DISCUSSION (continued):
alerted us that the vehicle had entered the small neighborhood. Officers located the parked vehicle in the neighborhood and later captured its driver who had fled on foot. The vehicle was collected by the outside agency as evidence and the driver was booked into jail for a violent crime warrant and possession of narcotics.

COMMUNITY OUTREACH AND PARTNERSHIPS
LGMSPD’s community outreach and partnerships are essential for fostering positive relationships between law enforcement and the community we serve. These initiatives aim to build trust, enhance communication, and address public safety concerns collaboratively. The LGMSPD’s community policing programs involve sworn and professional staff engaging with residents and businesses, attending community events, and participating in dialogues to better understand local needs and concerns. Establishing strong partnerships contributes to a more effective and responsive police force while promoting a sense of shared responsibility for public safety. Community outreach and resources occur in many forms including LGMSPDs social media, primarily on Facebook and Instagram.

The LGMSPD greatly appreciates and recognizes the volunteer support and exhaustive hours that go into supporting the Town of Los Gatos during the Halloween activities on Tait and Johnson Avenue and the extensive support during the Tree Lighting and Childrens’ Holiday Parade in December 2023. The Community Emergency Response Team (CERT) and Disaster Assistance Response Team (DART) partnered in these events and were a much-needed force multiplier when minimal resources were available.

LGMSPD encourages the community to access crime data at the Crime Graphics community facing portal: https://lgpd.crimegraphics.com/2013/default.aspx. This site allows for users to search for crime activity that has occurred within an area of interest within the LGMSPD jurisdictional area.

LGMSPD also promotes community members and business employees to sign up for Nixle by texting “lgmspd” to 888777 or visiting the Nixle website so they may receive safety notifications.

LGMSPD offers Neighborhood Watch meetings to address specific concerns, customized collaborative feedback and problem solving, and offer consideration of various resources.

Finally, LGMSPD is accepting applications for the Community Police Academy scheduled to begin March 7, 2024, running eight consecutive Thursday evenings for three-hour blocks and

Page 1194 ends

PAGE 11 OF 12
SUBJECT: Receive the Information Provided in the Police Services Report: July – December 2023 and Authorize Organizational Assessment
DATE: January 11, 2024
DISCUSSION (continued):
concluding April 25th. The class is currently half full, and community members and Los Gatos employees or business owners are encouraged to apply and participate.

PROPOSED ORGANIZATIONAL ASSESSMENT AND DATA ANALYSIS:

The LGMSPD has been providing law enforcement services from two buildings since 2010 [Headquarters (Civic Center) and the POB (15900 Los Gatos Blvd)]. The internal consistency, teamwork, and project management is challenged under the current model and has had a noticeable impact on supervision and developing new sworn and professional staff. A single location for all of the Police Department’s functions and infrastructure would improve efficiencies, consistent communication within the Department, customer service, and accountability.

Prior to a space assessment to consolidate operations at POB, a comprehensive organizational assessment should be conducted to anticipate the evolving needs of the Department and its functions. The assessment would analyze standards of service, coverage of the service area and its population (both Town of Los Gatos and City of Monte Sereno), staffing model(s) for sworn and civilian staff, recent policing and dispatch data, and feedback from Police Department staff, Town leaders, and the community. If the Town Council authorizes the Manager to execute an agreement for the organizational assessment and associated budget action, then the facility assessment is expected to occur in Fall 2024. A space assessment would identify the ideal types and amounts of space needed to support the organization, staffing, and programs within the POB.

Staff has researched firms that do comprehensive organizational assessments and has determined that Meliora Public Safety Consultants (PSC) is the most qualified consultant for this project. If authorized by the Town Council, the agreement with Meliora would be a “sole source” due to their unique data-driven methodology, collaborative approach, and a tailored Data Analysis Toolkit which is a customized program to analyze the Department’s data for comparative analysis. The toolkit would remain with LGMPSD following the assessment and future data can be entered into the Toolkit to allow for ongoing assessment and evaluation without paying additional fees (see Meliora PSC Proposal in Attachment 2).

Meliora PSC is well known throughout California law enforcement agencies and is currently in agreement or has provided recent services to many agencies in the Bay Area, including Tiburon.

Page 1195 ends

PAGE 12 OF 12
SUBJECT: Receive the Information Provided in the Police Services Report: July – December 2023 and Authorize Organizational Assessment
DATE: January 11, 2024
CONCLUSION:

This Police Services Report provides a transparent overview and status of operational achievement, priorities, and staffing impacts for July to December 2023 for both the community and Town Council.

Staff recommends Council authorize an agreement with Meliora Public Safety Consulting not to exceed $80,000 to allow for an organizational assessment and data analysis for evaluation of standards of coverage, service delivery model and staffing, in addition to developing a data analysis toolkit to be utilized in perpetuity.

FISCAL IMPACT:

The receipt of this report has no fiscal impact. The request to enter into an agreement for an Organizational Assessment requires the Town Council to approve an expenditure budget adjustment in the amount of $80,000 from available General Fund Capital/Special ProjectsReserve for purposes of authorizing an agreement with Meliora PSC.

ENVIRONMENTAL ASSESSMENT:

This is not a project defined under CEQA, and no further action is required.

ATTACHMENTS:

1. Police Services Report July – December 2023 Powerpoint Presentation

2. Meliora Public Safety Consulting Proposal for Organizational Assessment & Data Analysis

Page 1196 ends

LOS GATOS

POLICE SERVICES
REPORT
JULY – DECEMBER 2023
ATTACHMENT 1

Page 1197 ends

Police Officers
Police Officers Trainees
Dispatchers
THE DEPARTMENT Staff Update

OVERTIME HOURS
Communications 1,364 HRS
Police Officers 3,432 HRS

NEW HIRES
CSOs 1,417 HRS
Reserves 890 HRS
Per Diem Dispatchers 403 HRS
Per Diem Evidence &
Property
1,159 HRS

TEMP/PER DIEM HOURS

Page 1198 ends

BOARDING

UNIFORM &

EQUIPMENT

TRAINING
COSTS

BACKGROUND

INVESTIGATIONS

SERVICES
$ 2,500

UNIFORM
$3,125

EQUIPMENT
$9,512

ACADEMY TUITION
$5,020

TEMP HOURS
$49,000

Page 1199 ends

PROJECTS/AUDITS
911 Phone System (NGA, final stages)
Crossroads (Traffic Investigations Software)
RIMS 6 (Update)
Permitium (Concealed Carry Weapon)
Find a Force (Digital
Marketing/Recruitment)
Power DMS
Flock- data share throughout the County
Drones

TECHNOLOGY/EQUIPMENT GRANTS/SETTLEMENTS
State Homeland Security Grant
Office of Traffic Safety Grant
BSCC Officer Wellness & Mental
Health Grant
Tobacco Grant
Opioid Settlement
AUDITS
FLOCK
Racial Identity Profiling Act (RIPA)
California Incident Based Reporting System
(CIBRS)
Peace Officer Standards & Training (POST)
District Attorney’s Office
California Law Enforcement
Telecommunications System (CLETS)
Department of Justice (DOJ)
Criminal Justice Information Services
(CJIS-FBI)

Page 1200 ends

Evidence and
Property:

Move & Audit

BEFORE AFTER

Page 1201 ends

ON DUTY

WORKOUT

PROGRAM

FINANCIAL

HEALTH FAMILY DAY RECOGNITION LUNCHEON
CHAPLAINS SIGMA K9 THERAPY
DOGS

WELLNESS

SYMPOSIUM EAP

INTEGRAL WELLNESS

PROGRAM

Page 1202 ends

Racial Identity Profiling Act (RIPA) - Preliminary Analysis 143
8% 67
4%
614
34%
150
8%
3 0%
12 1%
822
45%

STOP DATA

PERCEIVED RACE/ETHNICITY
July 2023 - December 2023
Asian
Black/African America
Hispanic/Latino
Middle Eastern or South
Asian
Native American
Pacific Islander
White
1317
74%
467
26%
6 0%
2 0%

STOP DATA

PERCEIVED GENDER
July 2023 - December 2023
Male
Female
Transgender
Nonbinary

Page 1203 ends

Traffic Enforcement & Case Reports
1461
1976
622
872
0 500
1000
1500
2000
2500
Jul-Dec 2022 Jul-Dec 2023

TRAFFIC STOPS & CITATIONS
ISSUED
July - December
2022 - 2023
Traffic Stops Citations Issued
1108 1054
539 598
0 200
400
600
800
1000
1200
Jul-Dec 2022 Jul-Dec 2023

DOCUMENTED REPORTS
Original/Supplemental
July - December
2022 - 2023
Orignal Reports Supplemental Reports

Page 1204 ends

Calls For Service
2:24
0:00
4:48
7:12
12:00
9:36
16:48
14:24
PRIORITY 1 CALLS
4,589
17%
15,112
56%
7,453
27%

COMMUNICATIONS

CALL CENTER METRICS
July - December
2022
911 Calls (96.8% Calls Answered < 10 Sec)
Incoming Non Emergency Calls
Outbound Calls
4,709
17%
15,967
56%
7,726
27%

COMMUNICATIONS

CALL CENTER METRICS
July - December
2023
911 Calls (96.6% Calls Answered < 10 Sec)
Incoming Non Emergency Calls
Outbound Calls
4:40
6:51 7:14
4:20
7:01 7:07
5:00
10:00
15:00
0:00
2:24
4:48
7:12
9:36
12:00
14:24
16:48
PRIORITY 1 CALLS PRIORITY 2 CALLS PRIORITY 3 CALLS

RESPONSE TIMES BY PRIORITY
July – December
2022 - 2023
2022 2023 GOAL

Page 1205 ends

FLOCK SAFETY- USAGE
Additional Infohttps://www.losgatosca.gov/DocumentCenter/View/23300/AutomatedLicense-Plate-Reader-Policypdf

Page 1206 ends

Volunteers- DART, CERT, VIP, EXPLORERS Special Olympics- Torch Run, Bocce Ball
Schools- Venture, LGHS, and our Youth Commission LGMS Police Foundation- Annual Gala, Police Recognition
Wellness- Peer Support, Operation Freedom Paws- K9 Therapy Dogs, & Chaplains
Safety & Neighborhood Watch
Meetings
Local Churches- Calvary, St. Luke’s Methodist
Local Businesses
Additional Partners- Jewish
Community Center, Town of Los
Gatos, City of Monte Sereno

COMMUNITY POLICING & PARTNERSHIPS

Page 1207 ends

Comprehensive
Organization
Assessment
Data Analytics of
Workload
Standards of
Coverage and
Service Delivery
3 YEARS CAD RMS INTERNAL FOCUS

GROUP MEETINGS COMMUNITY MEETING

ORGANIZATIONAL ASSESSMENT

Page 1208 ends

Page 1209 ends

PROPOSAL FOR

ORGANIZATIONAL ASSESSMENT
& DATA ANALYSIS TOOLKIT

LOS GATOS-MONTE SERENO

POLICE DEPARTMENT
NOVEMBER 17, 2023
ATTACHMENT 2

Page 1210 ends

Meliora Public Safety Consulting, LLC |PO Box 71 Pullman, WA 99163 | 714-334-5831 | www.MelioraPSC.com 1 November 17, 2023
Jamie Field
Chief of Police
Los Gatos-Monte Sereno Police Department
110 East Main Street
Los Gatos, CA 95030
Dear Chief Field:

Meliora Public Safety Consulting, LLC, (Meliora PSC) is pleased to submit this proposal to the Town of Los Gatos-Monte Sereno for a comprehensive organizational assessment of the Los Gatos-Monte Sereno Police Department. Meliora is Latin for “better” or “for the pursuit of the better.” Meliora PSC was founded by a team of police professionals with a passion for continuous improvement and implementation of contemporary practices in the field of public safety. We are committed to sharing years of executive experience to help police organizations grow, improve and flourish.

We use this as the cornerstone of our work with police agencies across the country.

Our passion for continuous improvement perfectly aligns with the philosophy of always seeking continuous improvement in organizations through collaborative insight from department staff and community members in conducting a comprehensive organizational assessment.

As part of this approach, the insight shared by Los Gatos-Monte Sereno Police Department staff will provide a path forward to creating an understanding of the organizational culture and current service delivery model. Additionally, Meliora PSC will listen to community members to learn how services are being received by various groups and stakeholders and ways to improve organizational culture and services to the community.

Page 1211 ends

MELIORA PUBLIC SAFETY CONSULTING, LLC |PO BOX 71 PULLMAN, WA 99163 | 714-334-5831 | WWW.MELIORAPSC.COM 2 The organizational assessment will include the following areas:
§ Review of current organizational configuration and service delivery systems to determine the optimal staffing model that appropriately considers the service delivery expectations, operational budgets, Town Council priorities, workload, goals and specific performance measures;
§ Evaluate the current police facilities with consideration to sustainability and function;
§ Assess and evaluate current management capacity, roles and responsibilities and analyze configuration and reporting relationships to ensure efficiencies; § Analyze the department’s efficiencies in how it serves the community; § Examine organizational structure and functions;
§ Assess human resources related to structure, functions and duties; § Assess and evaluate current supervisory roles and responsibilities and analyze reporting relationships to ensure efficiencies;
§ Review the department’s operational functions and workflow processes; § Conduct a three-year CAD data analysis;
§ Review pertinent documents such as police budgets/strategic plans and identify and analyze data from the Computer-Aided Dispatch/Records Management System (CAD/RMS) to provide insight about workload in the Los Gatos-Monte Sereno Police Department;
§ Analyze department and employee performance measurement and accountability systems;
§ Assess data collection systems and analytical capabilities; § Analyze overtime use and management to include potential staffing alternatives;
§ Review staff retention and experience;
§ Assess the department’s alignment with 21st Century Policing; § Conduct focus group meeting with community stakeholders; § Conduct focus group meetings with department staff members; § And conduct interviews with Town staff, as needed.

As part of the organizational assessment process, our team from Meliora PSC will engage in a collaborative assessment of the department and establish a comprehensive list of recommendations consistent with best practices. A detailed description of our organizational assessment process is included in the attached proposal.

This proposal is specifically designed to meet the needs of the organization with an external assessment of police services in your community. In today’s ever-changing public safety environment, police leaders must be adept at leading the organization through change, partnering with the community to include those with varying perspectives, collaborating with intra-department Town leaders, addressing

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Meliora Public Safety Consulting, LLC |PO Box 71 Pullman, WA 99163 | 714-334-5831 | www.MelioraPSC.com 3 opportunities for development, training and improvement, and being ever-present and willing to adapt to societal issues impacting the industry.

One of the most unique aspects of our team is their extraordinary knowledge and experience with police organizations and culture. You will have access not only to the co-founders of the company, but also our subject-matter experts that collectively have been part of assessing police and sheriff organizations throughout their professional careers. Meliora PSC has assembled a diverse team of premier public safety executives with hundreds of years of combined experience leading organizations through change and development, teaching and training law enforcement leaders, authoring professional publications, and providing extensive consulting services throughout the country.

Meliora’s team also includes a data scientist who has a Ph.D. in Criminal Justice and Criminology and is a published research scientist in the policing field. As a unique and unparalleled service not offered by others, the department will be provided a Data Analysis Toolkit: a customized program to upload CAD data for ensuing years allowing the leaders of the Los Gatos-Monte Sereno Police Department to conduct a comparative data analysis. The Data Analysis Toolkit allows department staff to upload the CAD data to be displayed in the same types of tables and charts from the organizational assessment report for comparison, without paying additional fees.

Our team at Meliora Public Safety Consulting is ready to assist immediately and greatly appreciates this opportunity. I would be pleased to address any questions you may have and can be reached at 714-334-5831 or via email at [email protected].

Sincerely,
Jackie Gomez-Whiteley
Principal
Meliora Public Safety Consulting, LLC

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Los Gatos City CouncilJanuary 16, 2024

Los Gatos City Council
January 16, 2024