HomeMy WebLinkAboutTC Res 2017-08-16 RESOLUTION NO. 25-2017
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 of Tiburon 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 the establishment of and administration of such fees,including traffic mitigation
fees; and
WHEREAS,the Tiburon General Plan Circulation Element,updated and adopted in
February 2016,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 December,2016 the Town retained the transportation consulting firm
of Nelson/Nygaard to prepare an analysis and update of its traffic mitigation fee program
based on the updated General Plan Circulation Element; and
WHEREAS, in July 2017, the Tiburon Traffic Mitigation Fee Update report
(hereafter"Update"), was completed by Nelson/Nygaard and released to the public; and
WHEREAS,the Update 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, and other relevant
information referenced herein were available for public inspection and review for more than
ten(10)days prior to the public hearing at which the fee update was considered for adoption;
and
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
Tiburon Town Council Resolution No. 25-2017 Adopted 08/16/2017 Effective 10/15/2017 1
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 as set forth in the General Plan Circulation Element; 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 of Tiburon undertook a comprehensive
review of the Town's streets and traffic patterns as they currently exist and as they are
projected to exist in the future. This study is embodied in the Future-Year Traffic Analysis
with Proposed Circulation Network Improvements,prepared by Nelson/Nygaard and dated
November 2014, the Town's current General Plan Land Use Element, and the Town's
Vacant&Underdeveloped Parcel Inventory updated through September 2014. Information
contained in these documents was used to run the Tiburon Traffic Model and generate the
results obtained by the 2016 Circulation Element and the Update.
D. The 2016 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, ?ower levels of employee productivity, and lower resident quality of life; and
F. The estimated cost of accommodating the increased traffic through intersection widening,
installation of traffic signals and other local traffic mitigation is approximately$10,270,216
based on the Update. 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.
Tiburon Town Council Resolution No. 25-2017 Adopted 0811 612 01 7 Effective 1011512017 2
G. 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. 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,
plaraiing 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 the improvement costs has been determined by multiplying the
improvement costs by the ratio of the number of PM peak trips generated by the project to
the total number of PM peak hour trips 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 major spinal roadway through which the vast majority of vehicular
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.
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.
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.
Tiburon Town Council Resolution No. 25-2017 Adopted 08/16/2017 Effective 10/15/2017 3
(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 Synchro and VISTRO Model-based program
utilized by Nelson/Nygaard in their above-referenced analyses. The Tiburon Traffic Model
projects future traffic through defined intersections and determines Levels of Service of 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
surrounding county and municipal governments that generate traffic 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 upon taking effect shall supersede all traffic mitigation fee amounts set
forth in prior resolutions of the Town Council, including specifically Resolution No. 02-
2007.
(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 fee amount of$7,174.76 for each new
PM peak hour trip generated,as determined in the Update. This PM peak hour trip fee shall
be multiplied by the number of new PM peak hour trips generated by the project. PM peak
hour trip generation rates for various categories of land uses are identified in attached Table
1. Trip generation rates for land uses not defined in Table 1 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.
(b) The fees collected pursuant to this resolution shall be distributed into the following
traffic mitigation fee account: Tiburon Circulation System Improvement Fund (CSIF).
Tiburon Town Council Resolution No. 25-2017 Adopted 08/16/2017 Effective 10/1512017 4
(c) Construction Cost Index. The PM peak hour trip fee set forth in Section 3(a)
above is calculated in December,2016 dollars and shall be adjusted on July 1 of each year in
accordance with the Engineering News Record's Construction Cost Index for the San
Francisco Bay Area, which cost index sat at 11609.44 as of December, 2016.
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.
(c) Accessory uses creating no increase in traffic.
(d) Affordable housing units,as defined in the Tiburon Municipal Code Chapter
16 (Zoning).
(e) Accessory dwelling units and junior accessory 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 a separate and special account as provided herein
and such revenues, along with any interest earnings on the 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.
Tiburon Town Council Resolution No. 25-2017 Adopted 08/16/2017 Effective 10/15/2017 5
7. Expenditure of the Fees.
Fees collected pursuant to this Resolution 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.
8. Review and Reporting_
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 Adjustments; Appeals of Fee Determination.
Fee adjustment requests and appeals of fee determinations shall be governed by
provisions of Section 1413-8 of the Tiburon Municipal Code.
NOW, THEREFORE, BE IT FURTHER RESOLVED that this Resolution and its
associated fee shall become effective sixty (60) days after its adoption.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon held on August 16, 2017, by the following vote:
AYES: COUNCILMEMBERS: Fredericks, Kulik, O'Donnell
NAYS: COUNCILMEMBERS: Fraser
ABSENT: COUNCILMEMBERS: Thier
JIM , MAYOR
TO OF TIBURON
ATTEST:
LEA STEFA I, TOWN CLERK
Attachment: Table 1---Trip Generation Rates for Various Land Uses
Tiburon Town Council Resolution No. 25-2017 Adopted 08/16/2017 Effective 10/15/2017 6
TABLE 1
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
Accessory Dwelling 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
*Exempt from Traffic Mitigation Fee
Source: Town of Tiburon and Nelson/Nygaard, 2017
Tiburon Town Council Resolution No. 25-2017 Adopted 08/16/2017 Effective 10/15/2017 7