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Resolution No. 22-1300 <br />Page 3 of 5 <br />WHEREAS, transit -oriented housing development projects satisfying the criteria in <br />Government Code 66005.1 may conduct a project -level transportation analysis and a smaller <br />proportion of the applicable fee may be imposed; and <br />WHEREAS, the 2022 MDF recommended retail rate is $5.07 for FY 22-23 and <br />increased to $5.92 (7% of the maximum) effective July 1, 2023. All other rates for remaining land <br />uses will be adjusted per Construction Cost Index (CCI) as of July 151 of each year consistent <br />with current practice; and <br />WHEREAS, the TVTC adopted the SEP and Prioritization of Projects and Funding Plan, <br />which proposes funding for 22 projects (16 projects from New List C and 6 priority list from <br />previous project lists) over the next 10 years, and <br />WHEREAS, the City Council has reviewed the 2020 Nexus Study, the AB 602 <br />Supplemental Analysis, and the 2022 SEP and Prioritization of Projects and Funding Plan; and <br />WHEREAS, in accordance with the requirements of the Mitigation Fee Act, (1) a public <br />hearing notice was held by the TVTC and a notice was published in the newspaper and interested <br />persons were notified 30 days in advance of the TVTC's proposed action on the 2022 MDF , <br />(2) notices were sent to any individuals requesting notices pertaining to fee increases by the City <br />14 days in advance of this meeting at which the new 2022 MDF is proposed for adoption, (3) <br />the 2020 Nexus Study, AB 602 Supplemental Analysis, and the 2022 SEP Funding Plan were <br />available for public review on the TVTC and City's websites, and at City Hall 10 days in advance <br />of this meeting, and (4) a public hearing notice was published once in the newspaper 10 days in <br />advance of this meeting. <br />NOW THEREFORE BE IT RESOLVED THAT in accordance with Government Code § <br />66001(a)) and based on the information presented in the 2020 Nexus Study, the City Council <br />adopts and approves the 2022 MDF rates shown in Table 4 above and makes the following <br />findings: <br />SECTION 1. Identify the purpose to which the fee is to be put. Response: TVTC policy, <br />as expressed through the TVTC Action Plan, is that new development shall contribute for <br />mitigation of their impacts on Routes of Regional Significance, and that the cost sharing of <br />recommended improvements will be implemented through the Tri -Valley Transportation <br />Development Fee regional impact fee program. The fee advances a legitimate public interest by <br />enabling the TVTC to fund improvements to transportation infrastructure required to <br />accommodate and mitigate the impacts of new development. This finding is documented by the <br />analysis of the projected increase in future travel generated by the new development that is <br />projected to occur in the Tri -Valley. Growth in new residents and employees is projected to <br />increase cumulative average daily delay on the Tri -Valley regional roadways in the morning and <br />evening peak hours, excluding effects from more cut -through traffic. <br />SECTION 2. Identify the use to which the fee is to be put. Response: The MDF will be <br />used to fund projects to expand capacity, traffic signal coordination and other traffic <br />improvements, improve safety, improve regional transit, improve active transportation/bicycle <br />options, and mitigate the impacts of additional congestion on Routes of Regional Significance to <br />serve new development as designated in the Strategic Expenditure Plan. The projects/public <br />facilities to be funded by the fee are identified in the 2020 Nexus Study and the SEP and the <br />Prioritization of Projects and Funding Plan. <br />