HomeMy WebLinkAboutTC Res 2007-01-03 (5)
RESOLUTION NO. 02-2007
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
UPDATING TRAFFIC MITIGATION FEES FOR
DEVELOPMENTS WITHIN THE TOWN OF TIBURON
WHEREAS, the Town ofTiburon first established Traffic Mitigation fees through the
adoption of Ordinance No. 232 N.S. and Resolution No. 1125 in 1980; and
WHEREAS, the Town of Tiburon periodically revises its Traffic Mitigation fees as
necessary following updates of the General Plan Circulation Element; and
WHEREAS, the Town of Tiburon has adopted enabling legislation, codified as
Chapter 14B (public Facilities Development Fees) of the Tiburon Municipal Code,
authorizing th~ establishment of and administration of such fees, including traffic mitigation
fees; and
WHEREAS, the Tiburon General Plan Circulation Element, updated and adopted in
September 2005, identifies impacts of contemplated future development on existing
circulation facilities in the Tiburon Planning Area, along with an analysis of the need for new
circulation improvements to accommodate new development; and
WHEREAS, based upon the identified circulation system improvements in the
updated General Plan Circulation Element, the Town's traffic mitigation fees must be
adjusted correspondingly; and
WHEREAS, in June 2006 the Town retained the transportation engineering firm of
F ehr & Peers to prepare an analysis and update of its traffic mitigation fee program based on
the updated Circulation Element; and
WHEREAS, in November 2006, the Tiburon Traffic Mitigation Fee Program (TMF)
Update Report (hereafter "Update Report"), was completed by Fehr & Peers and released to
the public; and
WHEREAS, the Update Report has established the relationship between
contemplated future development, the needed facilities and the estimated costs of those
improvements; and
WHEREAS, the General Plan Circulation Element, Update Report, and other relevant
information referenced herein have been available for public inspection and review for more
than ten (10) days to this public hearing; and
Tiburon Town Council Resolution No. 02-2007
Adopted 0J/03/2007
Effective 03/04/2007 1
WHEREAS, the Town Council has held a duly-noticed public hearing and provided
notice as required by law pursuant to the update of the Traffic Mitigation fees; and
WHEREAS, the Town Council additionally finds as follows with respect to the
herein proposed fee program:
A. The purposes of the traffic mitigation fees are to provide funds for increasing street
capacity to accommodate additional traffic generated by new development, and specifically
to maintain major intersections within the Tiburon Planning Area operating at acceptable
levels of service; and
B. The traffic to be generated by projected levels of development in Tiburon will exceed the
Town's adopted traffic level of service standards for various intersections in the absence of
substantial improvements. There is a substantial government interest in maintaining a system
of local streets which can satisfactorily accommodate projected levels of traffic; and
C. In order to project its circulation needs, the Town ofTiburon undertook a comprehensive
review of the Town's streets and traffic patterns as they currently exist and as they are
proj ected to exist in the future. This study is embodied in the Tiburon General Plan
-rechnical Update Weekdav AM and PM Peal Hour Existing and Year 2020 Conditions study
prepared by Crane Transportation Group, dated February 2004, as supplemented by data and
information contained in the Tiburon General Plan 2020 Draft Environmentallmnact Report,
dated May 2005. These documents set forth the results obtained by use of the Tiburon
Traffic Model.
D. The Circulation Element provides a basis for estimating Tiburon's projected traffic needs
and identifies the street improvements necessary to accommodate that traffic. Cost estimates
of these improvements have been developed by the Town and its consultants. The Tiburon
Traffic Model provides a basis for determining a fair allocation of costs among the users of
the streets by factoring trip generation and distribution of new development projects, and
assessing their pro-rata contribution of new trips through affected intersections; and
E. Based upon extensive traffic studies and the Tiburon Traffic Model, the current
circulation system in Tiburon will not be sufficient to accommodate the amount of traffic
projected to be generated by new development. Without significant circulation
improvements, the level of service available on the streets in the Planning Area will seriously
deteriorate, resulting in a decrease in land values, a decrease in tax revenues,. more traffic
accidents, lower levels of employee productivity, and lower resident quality of life; and
F. The Town Council finds that the estimated cost of accommodating the increased traffic
through intersection widening, installation of traffic signals and other local traffic mitigation
is approximately $3,305,692 (July 2006 dollars, see attached Table A). This estimate is
based upon the Tiburon Traffic Mitigation Fee Program (TMF) Update Report dated
November 2006, prepared by Fehr & Peers, with cost estimation prepared by Harris &
Tiburon Town Council
Resolution No. 02-2007
Adopted 01/03/2007
Effective 03/04/2007 2
Associates, Deputy Town Engineers. Traditional transportation improvement funding
sources will not keep pace with the need for and cost of transportation improvements caused
by new development. The Town therefore seeks to require all new development to
contribute to the cost of mitigating traffic problems by imposing traffic mitigation fees for
circulation improvements.
G. The Town Council finds that there is a reasonable relationship between the need for the
improvements to be funded by the fee and the type of development project upon which the
fee is imposed. Specifically, every project on which the fee is imposed generates increased
traffic throughout the Town. This generation of traffic in turn requires that, in order to
maintain acceptable levels of service, traffic improvements be made to accommodate the
increased traffic. There is a reasonable and direct connection between the need for the
improvements and the type of development project upon which the fee is imposed.
H. The Town Council finds that there is a reasonable relationship between the fee's use and
the type of development for which the fee is charged. The fee will be used exclusively to
construct circulation improvements, such as roadway and intersection improvements and the
engineering, planning and administrative costs directly related to such improvements. The
use of the funds will therefore directly relate to and benefit the development projects upon
which the fee is imposed; and
I. The Town Council finds that there is a reasonable relationship between the amount of the
fee and the cost of the projected required improvements. Cost of improvements has been
determined using standard engineering practices. Using the Tiburon Traffic Model, a
project's share of a particular improvement cost has been determined by multiplying the
improvement cost by the ratio of the number of PM peak trips generated by the proj ect
through the location of the improvement to the total number of PM peak hour trips through
the location of the improvement generated by all projects within the limits of the Tiburon
Traffic Model. Thus, the fee per project is proportional to that project's contribution to
increased traffic.
J. The Town Council finds that Tiburon's circulation system is almost totally dependent on
Tiburon Boulevard, the maj or spinal roadway through which nearly all traffic enters and exits
the Town. Therefore, for purposes of establishing a Zone of Benefit for circulation system
improvements, it is logical and reasonable to designate the entire Tiburon Planning Area as a
single benefit zone. New development will be assessed fees based upon its trip distribution
through the various Tiburon Boulevard intersections requiring improvement under the
Town's Circulation Element, and in accordance with the Tiburon Traffic Model.
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of
Tiburon does hereby establish updated traffic mitigation fees for new development within the
Town of Tiburon as more particularly set forth hereinafter.
Tiburon Town Council
Resolution No. 02-2007
Adopted 0J/03/2007
Effective 03/04/2007 3
1. Definitions.
(a) "Building Permits" means a permit required by and issued pursuant to chapter 13
of this Code.
(b) "Circulation Improvements" includes but is not limited to the construction of or
improvement to street rights of way, traffic signals, overcrossings, underpasses, curbs,
gutters, sidewalks, street pavement, and drainage improvements incidental to street
improvements necessary to provide traffic circulation consistent with the Circulation
Element of the Tiburon General Plan. For purposes of this definition street includes highway
or road.
(c) "New Development" means any new construction or use that requires the issuance
of a building permit, zoning or subdivision entitlement and which generates additional traffic
trips above that generated by the previous lawful use of the land.
(d) "PM Peak Hour Trip" means a vehicular trip generated by a given land use during
the one-hour period of highest traffic volume during the PM peak period of 4-6 PM as
defined in the Tiburon Traffic Model.
(e) "Tiburon Traffic Model" means the TRAFFIX Model-based program utilized by
Crane Transportation Group and Fehr & Peers in their above-referenced analyses. The
Tiburon Traffic Model proj ects future traffic through defined intersections, determines
Levels of Service of the defined intersections, and generates a cost allocation matrix for the
defined intersections based upon existing and projected levels of development.
(f) "Subdivision Entitlement" means a permit issued pursuant to chapter 14 of this
Code.
(g) "Zone of Benefit" is for the purposes of this resolution the entire Planning Area of
the Town of Tiburon as set forth in the Tiburon General Plan, including those portions of
Strawberry Peninsula tributary to Tiburon Boulevard for traffic assessment purposes.
(h) "Zoning Entitlement" means a permit issued pursuant to regulations set forth in
Chapter 16 (Zoning) of the Tiburon Municipal Code.
2. Fee Imposed.
(a) A traffic mitigation fee shall be charged and paid at the time of issuance of a
building permit for development. The amount of the fee shall be as set forth in this
resolution, which. shall supersede all traffic mitigation fee amounts set forth in prior
resolutions of the Town, specifically Resolution No. 3162.
Tiburon Town Council Resolution No. 02-2007
Adopted 0J/03/2007
Effective 03/04/2007 4
(b) To the extent permitted by law, the fee established by this resolution shall be paid
prior to occupancy for any project not required to obtain a building permit from the Town of
Tiburon.
3. Fee Amount Calculations and Distribution.
(a) Fee calculations shall be based upon the Traffic Mitigation Fee Schedule attached
as Table B. Fees are based upon the traffic zone in which the project is located, as
established in the Tiburon Traffic Model, and shown on attached Figure 1. The fee shown in
the "Fee Per PM Peak Hour Vehicle Trip--Total" column of Table B shall be ,multiplied by
the number of PM peak hour trips generated by the project.
(b) The fees collected pursuant to this resolution shall be distributed into the
following traffic mitigation fee accounts:
1. Tiburon Circulation System Improvement Fund (CSIF), for those
portions of the fees related to circulation improvements located
within the Town's corporate limits.
2. Tiburon Planning Area Mitigation Fund (P AMF), for those portions
of the fees related to circulation improvements located outside the
Town's corporate limits, but within the Tiburon Planning Area.
(c) The distribution of fees into these two accounts shall be as set forth in Table B.
(d) Construction Cost Index. All fees are calculated in July 2006 dollars and shall be
adjusted on July 1 of each year in accordance with the Consumer Price Index (CPI) for Urban
Wage Earners and Clerical Workers, San Francisco, Oakland, and San Jose.
(e) PM Peak Hour Trip Generation Rates. PM peak hour trip generation rates for
various categories of land uses are identified in attached Table C. Trip generation rates for
land uses not defined in Table C shall be defined based on the latest edition of the Institute of
Transportation Engineers' Trip Generation. For unique land uses not covered by the above-
referenced publication, a special study of comparable locations shall be made to the
satisfaction of the Town Engineer.
4. Exemptions.
Projects to be exempted from the imposition of traffic mitigation fees include:
(a) Municipal and other governmental uses.
(b) Reconstruction or remodel projects where there is no increase in use or
intensity causing an increase in traffic.
Tiburon Town Council
Resolution No. 02-2007
Adopted 01/03/2007
Effective 03/04/2007 5
(c) Accessory uses creating no increase in traffic.
(d) Affordable housing units, as defined in the Tiburon Municipal Code Chapter
16 (Zoning).
( e) Secondary dwelling units, as defined in the Tiburon Municipal Code Chapter
16 (Zoning).
5. Payment of other Fees Required.
Nothing in this resolution exempts any new development from payment of any or all
other applicable fees adopted by the Town.
6. Use of Fee Revenues. Public Facilities Accounts.
From and after the effective date of this resolution, the revenues raised by payment of
the traffic mitigation fee shall be placed in separate and special accounts as provided herein
and such revenues, along with any interest earnings on each account, shall be used for the
following purposes:
(a) To pay for the planning, design and construction (including administration of
construction) of designated circulation improvements;
(b) To reimburse the Town for designated circulation improvements constructed
by the Town with local funds from other sources (unless the Town funds
were obtained from grants or gifts), and provided that such reimbursement is
proportionate with the impact of the new development;
(c) To reimburse developers who have designed and constructed designated
circulation improvements having size, length or capacity beyond that needed
to mitigate impacts of that developer's individual development project;
(d) To pay for and/or reimburse costs of development and ongoing updating and
administration of the traffic mitigation fee program.
7. Expenditure of the Fees.
Fees in the Traffic Mitigation Fee Accounts shall be expended only for those facilities
identified in the General Plan Circulation Element and only for the purposes for which the
fee was collected.
Tiburon Town Council Resolution No. 02-2007
Adopted 01/03/2007
Effective 03/04/2007 6
8. Review and Renorting.
Annual and periodic reporting and making of required findings shall be performed as
set forth in California Government Code section 66000 et 'seq., or any successor sections
thereto.
9. Fee Adiustments: Appeals of Fee Determination.
Fee adjustment requests and appeals of fee determinations shall be governed by
provisions of section 14B-8 of the Tiburon Municipal Code.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon held on January 3,2007, by the following vote:
AYES:
COUNCILMEMBERS:
Berger, Fredericks & Gram
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
Slavitz & Smith
ATTEST:
()1lLrfi~~4.
DIANE CRANE IACOPI, TbWN CLERK
Tiburon Town Council
Resolution No. 02-2007
Adopted 01/03/2007
Effective 03/04/2007 7
TABLE A
Account Cost
' Intersection Improvements Total
CSIF PAMF
.
Town of Tlbuton Projects
Reed Ranch Road & V\dd a merge/acceleration lane for traffic ~minQ left from Reed $45,419 $45,419
Tiburon Boulevard Ranch Road onto TIburon Boulevard.
h"re~e GI~n Boulevard & ~d a Second westbound TIburon Boulevard through lane and $1,868,610 ~1 ,868,61 C
lextend It back from Trestle Glen Boulevard as far east toward
h"iburon Boulevard lStewart Drive as practical.
Istewart Drive & 1C0nsider applying to Caltrans for installation of a traffic signal at $438,750, $438,750
hiburon Boulevard ' ~tewart Drive to improve safety. '
!Gilmartin Drive & IConsider adding a merge/acceleration lane for traffic turning left
~m Gilmartin Drive onto TIburon Boulevard. and/or a dedicated $19,551 $19,551
Inburon Boulevard right tum only lane from southbound Gilmartin Drive to westbound
lTlburon Boulevard.
Mar West Street & ' ' ISlgnalize Mar West Street & Tiburon Boulevard intersection when $438,750 $438,750
Tiburon Boulevard Isignal warrants are met.
Tlbuton Planning AI88 Projects .
1) Add a third northbound. Frontage Road lane, resulting in
one left turn lane, 8 combined leMhrough lane, and one
Redwood Highway right turn lane. -or-
2) Add a third westbound TIburon BouleVard through lane. _
~rontage ' or- $463,987 $463,987
lRoad & TIburon 3) Add a third northbound Frontage Road lane and a third
lBoulevard westbound TIburon Boulevard through lane.
(Option with second-highest cost used for fee analysis as
ciirected by Town staff)
!Cecilia Way & ~dd a merwe/acceleration' lane for traffic turning left from Cecilia $30,625 $30,625
ITiburon Boulevard Way onto TIburon Boulevard.
Total $2,811,080 $494,612 $3,305,692
Source: Town of TIburon, 2006.
ESTIMATED COST OF GENERAL PLAN
CIRCULATION SYSTEM IMPROVEMENTS
TABLE B
Fee Amount for Each PM Peak Hour TriD, by TAZ
rTAZ Fee Per PM Peak Hour Trip
CSIF PAMF Total
2 - -
3 $4,915 $361 $5,276
4 $4,915 $361 $5,276
5 $4,915 $361 $5,276
6 $4,915 $361 $5,276
7 - - -
8 $4,915 $361 $5,276
9 $4,915 $361 $5,276
10 - .;.
11 $4,915 $361 $5,276
12 $3,891 . $361 $4,252
13 $4,915 $361 $5,276
14 - ~ -
15 . - - I-
16 $4,915 $361 $5,276
17 $4,915 '. ,,$361 $5,276
18 $4,915 $361 $5,276
19 $93 $361 $454
20 - - -
21 - $298 $298
22 $4,915 $361 $5,276
23 $4,917 $361 $5,278
24 $3,889 $361 $4,250
25 $4,915 $361 $5,276
26 $4,915 $361 $5,276
~7 $4,915 $361 $5,276
~8 $4,917 $361 $5,278
29 - -
30 $4,915 $361 $5,276
31 - -
32 $4,915 $361 $5,276
Source: Fehr & Peers, November 2006.
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TABLE C
TRIP GENERATION RATES
Land Use Units PM Peak PM Peak Total PM
Rate In Rate Out Peak Rate
Single Family DU 0.70 0.44 1.14
Multi Family DU 0.46 0.25 0.71
Secondary Unit DU 0.15 0.12 0.27
Retail 1,000 sq. ft. 1.80 1.80 3.60
Office 1,000 sq. ft. 0.25 1.24 1.49
Library 1,000 SQ. ft. 2.28 2.46 4.74
Community Recreation 1,000 SQ. ft. 7.0 6.0 13.0
Source: Town of Tiburon, 2005 and Fehr & Peers, 2006