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Resolution No. Page 3 of 5 WHEREAS, the recommended fee rate is 15% of the Maximum Fee Rate for the duration of the SEP for all uses except retail and "other" land uses, which are recommended to be set at 6% and 12% of the Maximum Fee Rates respectively; and WHEREAS, transit-oriented housing development projects satisfying the criteria in Government Code 66005.1 may conduct a project-level transportation analysis and a smaller proportion of the applicable fee may be imposed; and WHEREAS, the 2022 TVTDF recommended retail rate is $5.07 for FY 22-23 and increased to $5.92 (7% of the maximum) effective July 1, 2023. All other rates for remaining land uses will be adjusted per Construction Cost Index (CCI) as of July 11t of each year consistent with current practice; and WHEREAS, the TVTC adopted the SEP and Prioritization of Projects and Funding Plan, which proposes funding for 22 projects (16 projects from New List C and 6 priority list from previous project lists) over the next 10 years, and WHEREAS, the City Council has reviewed the 2020 Nexus Study, the AB 602 Supplemental Analysis, and the 2022 SEP and Prioritization of Projects and Funding Plan; and WHEREAS, in accordance with the requirements of the Mitigation Fee Act, (1) a public hearing notice was held by the TVTC and a notice was published in the newspaper and interested persons were notified 30 days in advance of the TVTC's proposed action on the 2022 TVTDF , (2) notices were sent to any individuals requesting notices pertaining to fee increases by the City 14 days in advance of this meeting at which the new 2022 TVTDF is proposed for adoption, (3) the 2020 Nexus Study, AB 602 Supplemental Analysis, and the 2022 SEP Funding Plan were available for public review on the TVTC and City's websites, and at City Hall 10 days in advance of this meeting, and (4) a public hearing notice was published once in the newspaper 10 days in advance of this meeting. NOW THEREFORE BE IT RESOLVED THAT in accordance with Government Code § 66001(a)) and based on the information presented in the 2020 Nexus Study, the City Council adopts and approves the 2022 TVTDF rates shown in Table 4 above and makes the following findings: SECTION 1. Identify the purpose to which the fee is to be put. Response: TVTC policy, as expressed through the TVTC Action Plan, is that new development shall contribute for mitigation of their impacts on Routes of Regional Significance, and that the cost sharing of recommended improvements will be implemented through the Tri-Valley Transportation Development Fee regional impact fee program. The fee advances a legitimate public interest by enabling the TVTC to fund improvements to transportation infrastructure required to accommodate and mitigate the impacts of new development. This finding is documented by the analysis of the projected increase in future travel generated by the new development that is projected to occur in the Tri-Valley. Growth in new residents and employees is projected to increase cumulative average daily delay on the Tri-Valley regional roadways in the morning and evening peak hours, excluding effects from more cut-through traffic. SECTION 2. Identify the use to which the fee is to be put. Response: The TVTDF will be used to fund projects to expand capacity, traffic signal coordination and other traffic improvements, improve safety, improve regional transit, improve active transportation/bicycle options, and mitigate the impacts of additional congestion on Routes of Regional Significance to