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DRAFT <br />(a) Pleasanton Traffic Impact Fee. Developer shall pay to the <br />City applicable Pleasanton Traffic Impact Fee in accordance with the City's fee <br />schedule. Developer and City shall adjust such fees for applicable credits under the <br />City's North Pleasanton Irnprovement District that the parties are able to establish, <br />and <br />(b) Tri- Valley Transportation Committee Fee. Developer shall pay to <br />the City the Tri - Valley Transportation Committee Fee as may be applicable. <br />Section 3.04.Below Market Rate Units. As more particularly set forth in the AHA, <br />assuming Developer develops the 305 apartment unit project as contemplated by the GMA <br />and the Project Design Review, Developer shall be obligated to make Fifteen percent(15 %) <br />or forty six (46) affordable units available for rent within the Project Site, in accordance <br />with the following: <br />(a) Eight (8) affordable units to households at or below 50% of the Area <br />Median Income ( "AMI "); <br />(b) Fifteen (15;) affordable units to households at or below 80% of the <br />AMI; <br />(c) Twenty Three (23) affordable units to households at or below 100% <br />of the AMI; <br />(d) The AHA shall more specifically identify the affordable unit mix, <br />including required number of unit types, units for the physically disabled, unit <br />construction quality and location, for these affordable units; <br />sizes: <br />(e) The affordable unit rents shall be based on the following household <br />(1) Studio Unit: One (1) person household; <br />(2) 1 Bedroom Unit: Two (2) person household; <br />(3) 2 Bedroom Unit: Four (4) person household; <br />(4) 3 Bedroom Unit: Five (5) person household; and <br />(f) City acknowledges and finds that in recognition of the Project <br />compliance with the fifteen percent (15 %) affordable housing calculation provided <br />in the City's inclusionary zoning ordinance, the Project is exempt from any <br />obligation to pay the City's Lower Income Housing Fee. <br />(g) Developer acknowledges and has demonstrated to the City that the <br />affordable units provided for in this section are not subject to the Costa Hawkins <br />Rental Housing Act under the exception provided in Civil Code section 1954.50 <br />and based upon the parties entering into this Development Agreement. Through <br />6 <br />