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Resolution No. Page 4 of 5 serve new development as designated in the Strategic Expenditure Plan. The projects/public facilities to be funded by the fee are identified in the 2020 Nexus Study and the SEP and the Prioritization of Projects and Funding Plan. SECTION 3. Determine how there is a reasonable relationship between the fee's use and the type of development project upon which the fee is imposed. Response: Based on the analysis in the 2020 Nexus Study, the new development projects within the Tri-Valley will generate additional trips which will impact the transportation system in the region, including on Routes of Regional Significance. As illustrated in the 2020 Nexus Study, the planned projects will expand and improve capacity on the Routes of Regional Significance and alleviate congestion to accommodate the increased trips generated by new development. Thus, there is a reasonable relationship between the use of the fee for these projects and the new development generating these additional trips on which the fee will be imposed. SECTION 4. Determine that there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed. Response: The need for the planned projects is based on the forecasted increase in congestion on Routes of Regional Significance, as well as other transportation impacts resulting from new development. The 2020 Nexus Study analyzed the contribution by each land use based on the proportion of average AM/PM trips generated by each land use. As demonstrated in the Study, there is a reasonable relationship between the need for the planned projects and the types of development upon which the fee is imposed because the planned projects will mitigate the transportation impacts generated by new development. SECTION 5. Determine that there is a reasonable relationship between the amount of the fee and the cost of public facilities or portion of the public facilities attributable to the development on which the fee is imposed. Response: The 2020 Nexus Study demonstrates that there is a reasonable relationship between the amount of the proposed fee and the cost or portion of the cost of the public facilities attributable to the development on which the fee is imposed because each land use category's share of the total trips generated was multiplied by the applicable project costs and then divided by the total number of units, square feet or trips that will occur within the development horizon. In this way, there is a reasonable relationship between the amount of the fee and the cost attributable to each land use type because the fee applicable to each land use type is based on the number of trips generated by that applicable land use type. Furthermore, the 2022 TVTDF is proposed to be set at between 6% to 15% of the justified maximum fee rate and thus, the amount of the fee is lower than the actual costs attributable to new development. NOW, THEREFORE BE IT FURTHER RESOLVED THAT the City of Pleasanton will: SECTION 1. Require each project developer to pay the TVTDF prior to issuance of building permits for the project, or no later than occupancy, and to the extent permitted by law; and SECTION 2. Levy the TVTDF on all development projects not exempt from payment of the fee; SECTION 3. Apply the TVTDF on all significant changes to existing development agreements adopted after the effective date of the JEPA. The TVTDF shall be applied to all components of a project that subject to an amended or renewed development agreement. As used herein, "significant" means any of the following: (a) change in land use type (e.g., office to