City of Pomona
Annual Report and Five Year Report
on
Development Impact Fees
for
Fiscal Year Ended
June 30, 2024
ATTACHMENT NO. 1
1 Table of Contents
A
B 1600 – Background Information and Legal Requirements ...............................................................................................................................2 Description and Purpose of Development Impact Fees ....................................................................................................................................... 3-4 Schedule of Development Impact Fees ............................................................................................................................................................... 5-6 Financial Summary Report of All Development Impact Fees for FY 2023-24 ................................................................................................... 7-8 Identification of Public Improvements where DIF Fees were expended in FY 2023-24 by Fee Type ...................................................................9 Identification of Public Improvements for which sufficient funding has been collected by Fee Type .................................................................10 Five Year Report of Development Impact Fees 5 Years or Older .........................................................................................................................11 Parks and Recreation Improvement Fee (418-4090-40425-70613-old fee structure) - 5-year historical detail ...................................................12 Appendix - New Development Impact Fees Resolution 2021-089 & Ordinance 4309 Effective October 1, 2021 (New Fee Structure) …….A-1 2 City of Pomona
Annual Compliance Report – AB 1600
Fiscal Year Ended June 30, 2024
Background Information and Legal Requirements
This report contains the status of the City of Pomona’ s Development I mpact Fees for the Fiscal Y ear 2023-24. The State of California Government Code Sections 66001 and 66006 require local agencies that impose Development Impact Fees to prepare an annual report providing specific information about those fees. This report is presented to comply with these requirements, also referred to as AB 1600 requirements.
Summarized in this report are the following code requirements:
• A brief description of the type of fee in the account or fund. • The amount of the fee.
• The beginning and ending balance of the account or fund. • The amount of fees collected and interest earned.
• An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. • A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan. • The amount of refunds made due to sufficient funds being collected to complete financing on incomplete public improvements, including the number of persons or entities identified to receive those refunds, and the amount of any allocation of funds made due to administrative costs of refunding unexpended and the amount of allocation of funds made due to administrative costs of refunding unexpended revenues exceeding the amount to be refunded pursuant to Government Code, section 66001(f).
Also, Per Section 66006(b)(1)(F):
(i) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete.
(ii) An identification of each public improvement identified in a previous report pursuant to clause (i) and whether construction began on the approximate date noted in the previous report.
(iii) For a project identified pursuant to clause (ii) for which construction did not commence by the approximate date provided in the previous report, the reason for the delay and a revised approximate date that the local agency will commence construction. 3 Description and Purpose of Development Impact Fees
Traffic and Signal Control Device Fee – To provide for the construction or reimbursement for construction of traffic signals and control devices or to reimburse the City of Pomona for the cost to design and construct such facilities, which are required due to the expansion of development and increased populations in the City, which yield as a byproduct increased vehicular movement. These fees are to be used for eligible traffic projects listed in the City of Pomona Annual Five Year Capital Improvement Program Budget Document.
Road and Highway Fee – To provide for the construction or reimbursement for construction of road improvements, streetscape and street lights which are required due to expansion of development and increased populations in the City, which yield as a byproduct increased vehicular movement. These fees are to be used for eligible street projects listed in the City of Pomona Annual Five Year Capital Improvement Program Budget Document.
Public Safety Improvement Fee – To provide for the construction or reimbursement for construction of public safety improvements that are required due to expansion of development and populations in the City, which yield as a byproduct increased vehicular movement and environmental impacts requiring more public safety facilities. These fees are to be used for eligible public safety projects listed in the City of Pomona Annual Five Year Capital Improvement Program Budget Document.
Park and Recreation Improvement Fee – To provide for the development, expansion or improvement of park and recreation facilities which are required due to expansion of development and increased populations in the City, which yield as a byproduct a need for expanded park and recreation areas and facilities. These fees are to be used for eligible parks projects listed in the City of Pomona Annual Five Year Capital Improvement Program Budget Document.
Sewer Connection Fee – To provide funding for the construction of infrastructure needed to provide service to new development.
Water Connection Fee – To provide funding for the construction of infrastructure needed to provide service to new development.
Storm Drain Fee (New fee with the Post-October 1, 2021 Fee Structure) – To provide funding for the following identified Storm Drain Capital Improvements which are listed in Table 6.3 on the next page and on page 39 of the City of Pomona Development Impact Fee Update Study performed by Willdan Financial Services which is located in Appendix A-1.
4 5
Schedule of Development Impact Fees Effective October 1, 2021
On August 2, 2021, the City Council adopted Resolution 2021-89, adopting revised Development Impact and Connection fees. There are seven development impact fees in place under the new fee structure. The effective date is October 1, 2021. All projects filed after October 1, 2021 will be subject to the new fee schedule.
Fees (Effective October 1, 2021)
Fee Type Final Fee Amounts
Traffic Signal and
Control Device Fee
$5.00 per trip generated by new construction
Road
Fee
and Highway $5.00 per trip generated by new construction Public Safety
Improvement Fee
$0.25 per square foot for new construction
Park and Recreation
Improvement Fee
Residential
0 to 500 sq. ft.
501 to 1,499 sq. ft.
1,500+ sq. ft.
In-fill
$6,422
$9,649
$11,475
Subdivisions
$10,119
$15,204
$18,080
Sewer Connection
Fee
Residential
0 to 500 sq. ft.
501 to 1,499 sq. ft.
1,500+ sq. ft.
$2,884
$4,326
$5,135
Non-Residential (per 1,000 sq. ft.)
Commercial $405
Office $1,758
Warehouse $175
Manufacturing $879
Institutional $3,253
Hotel Room $1,758
6 Water Connection
(New Fee)
Residential
0 to 500 sq. ft. $2,880
501 to 1,499 sq. ft. $4,321
1,500+ sq. ft. $5,129
Non-Residential (per 1,000 sq. ft.)
Commercial $404
Office $1,756
Warehouse $175
Manufacturing $878
Institutional $3,250
Hotel Room $1,756
Storm Drain (New
Fee)
Residential
0 to 500 sq. ft. $45
501 to 1,499 sq. ft. $45
1,500+ sq. ft. $77
Non-Residential (per 1,000 sq. ft.)
Commercial $144
Office $170
Warehouse $193
Manufacturing $193
Institutional $88
Hotel Room $63
Accessory Dwelling Units (ADUs):
ADUs greater than 750 square feet can be assessed impact fees as a percentage of the single-family impact fee. The formula is:
ADU Square Feet / Primary Residence Square X Total Impact Fee per unit1 = ADU Impact Fee
1New utility connections for potable and recycled water and sewer service, and associated capacity charges and connection fees, may not be required for ADUs that are within the proposed space of a single-family dwelling unit or existing space of a single family dwelling or accessory structure, including an expansion of not more than 150 square feet beyond the physical dimensions of the existing accessory structure to accommodate ingress and egress .
Example: In the case of an 800 square foot ADU and a 1,600 square foot primary residence, the impact fees for the ADU would be 50 percent (800 square feet / 1,600 square feet = 50%) of the impact fees charged for that size single family dwelling unit. No capacity fees would be charged, since no new single-family unit was constructed.
7 Financial Summary Report of All Development Impact Fees for FY 2023-24
On page 8 is a chart summarizing the Fiscal Year 2023-24: 1) fees received and spent of each DIF fee type and 2) the beginning and ending fund balances for the following Fees:
• Traffic Signal and Control Devices Fee
• Road and Highway Fee
• Public Safety Improvement Fee
• Park and Recreation Improvement Fee
• Storm Drain Fee (New fee with the Post-October 1, 2021 Fee Structure) • Sewer Connection Fees
• Water Connection Fees
The following findings are also to be noted:
• There are no loans made from any of these fee accounts. • As of this report posting date, the FY 2023-24 Audit has not been finalized. • There were no refunds made during the FY 2023-24.
8 Description
Traffic Signal
and Control
Devices Fee
(439-2590-
40101-00000)
Road and
Highway Fee
(438-2590-
40102-00000)
Public Safety
Improvement
Fee (418-
2590-40103-
70616)
Public Safety
Improvement
Fee (443-
2590-40103-
00000)
Park and
Recreation
Improvement
Fee (418-
4090-40425-
70613)1
Park and
Recreation
Improvement
Fee - Infill
(437-2590-
40425-51348)
Park and
Recreation
Improvement
Fee -
Subdivision
(437-2590-
40425-51349)
Storm Drain
Fees (571-
2590-40341-
51350)
Sewer
Connection
Fee (581-
2565-40228-
51352)
Water
Connection
Fee (571-
8110-40228-
51351)
REVENUES
Fees 33,205 33,205 - 243,184 184,950 733,739 - 90,577 291,234 289,467 Interest - - - - - - - - - - Other Revenues* - - - - 11,504 - - - - - Total Revenues 33,205 33,205 - 243,184 196,454 733,739 - 90,577 291,234 289,467
EXPENDITURES
Expenditures - - - - 114,106 2 - - - - - Deposit Refunds - - - - - - - - Total Expenditures - - - - 114,106 - - - - - REVENUES OVER (UNDER) EXPENDITURES 33,205 33,205 - 243,184 82,348 733,739 - 90,577 291,234 289,467 Account Balance, Beginning of Year 24,440 24,440 38,552 280,933 662,852 2,199,072 34,425 5,493 67,655 67,586 Account Balance, End of Year 57,645 57,645 38,552 1 524,117 745,200 1 2,932,811 34,425 96,070 358,888 357,052 *Other Revenues include GASB 31 Adjustment
1Remaining fees based on the pre-October, 2021 Fee Structure 2Details of Expenditures are listed on Page 9 of this report.
Financial Summary Report
Statement of Revenues, Expenditures and Changes in Account Balance For the Year Ended June 30, 2024
Development Impact Fees
9 Identification of Public Improvements where DIF fees were expended in FY 2023-24 by Fee Type
DIF Fee Type
Identification of each
public improvement
o
n which fees were
expended during FY
23-24
Amount spent
during FY 23-24
Demonstrate a reasonable relationship between the fee and the purpose it was charged
Identify all sources and
amounts of funding
a
nticipated to complete
financing in incomplete
improvements
% of Total Improvement Cost provided
by DIF Fee Funding Appropriation
Park and Recreation Improvement Fee
"Civic Center Plaza -
New Playground and
A
menities," 428-2590-
XXXXX-71063
114,106.00$
To provide for the development, expansion or improvement of park and recreation facilities which are required due to expansion o
f development and increased populations in the City, which yield as a byproduct a need for expanded park and recreation areas and facilities. These fees are to be used for eligible parks projects listed in the City of Pomona Annual Five Year Capital
Improvement Program Budget Document.
Civic Center Project Other
Funding Types: ARP Funds
($4.263M), CDBG Grant
Funds ($501.6K), State of CA
General Fund Grant Funds
($1.0M), Mayoral CIP
Carrryover Discretionary
Funds ($36.9K), General
Funds ($3.976M), Measure A
Funds ($251.9K), Measure R
Funds ($240K)
26% and eventually up to 42% as
incoming Park and Recreation
I
mprovement Fees replace
appropriated General Fund
appropriations being utilized to
construct the Project.
Total DIF Funds spent in FY 2023-24 114,106.00$
10 Identification of Public Improvements for which sufficient funding has been collected:
DIF Fee Type
Identification of each public
improvement on which fees are
determined to be sufficient to fund the
project
Identify the approximate date that construction
will commence for projects where sufficient funds
have been collected.
Traffic Signal and Control Devices Fee
"Traffic Signal Improvements - Towne
Avenue (Mission Boulevard to
Philadelphia Street)," Project No. 428-
2590-XXXXX-68596
February, 2025
Park and Recreation Improvement Fee "Civic Center Plaza - New Playground and Amenities," 428-2590-XXXXX-71063 November, 2024
11 Development Impact Fee Program Five-Year Findings
The City of Pomona has determined that there is one fund that has deposits that are five years or older:
Parks and Recreation Improvement Fee - $230,146.00 of these funds are five years old (see 5-year historical detail on page 11). These funds will be spent during the FY 2024-25 year on expenses incurred for the “Civic Center Plaza – New Playground and Amenities” Project.
The estimated beginning of Construction for this project is November, 2024.
DIF Fee Type
Identification of
purpose to which the
fees will be put:
Demonstrate a reasonable relationship between the fee and the purpose it was charged
Identify all sources and
amounts of funding
anticipated to complete
financing in incomplete
improvements
Dates
funding
available
Park and Recreation Improvement Fee
"Civic Center Plaza -
New Playground and
Amenities," 428-2590-
XXXXX-71063
To provide for the development, expansion or improvement of park and recreation facilities which are required due to expansion of development and increased populations in the City, which yield as a byproduct a need for expanded park and recreation areas and facilities. These fees are to be used for eligible parks projects listed in the City of Pomona Annual Five Year Capital
Improvement Program Budget Document.
Civic Center Project Other
Funding Types: ARP Funds
($4.263M), CDBG Grant
Funds ($501.6K), State of CA
General Fund Grant Funds
($1.0M), Mayoral CIP
Carrryover Discretionary
Funds ($36.9K), General
Funds ($3.976M), Measure A
Funds ($251.9K), Measure R
Funds ($240K)
November,
2024
12 Description FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24
REVENUES
Fees 357,075 66,825 47,250 204,525 184,950 Interest - - - - - Other Revenues* - - - - 11,504 3 Total Revenues 357,075 66,825 47,250 204,525 196,454
EXPENDITURES
Expenditures 98,336 1 - - 162,000 2 114,106 4 Total Expenditures 98,336 - - 162,000 114,106 REVENUES OVER (UNDER) EXPENDITURES 258,739 66,825 47,250 42,525 82,348 Account Balance, Beginning of Year 247,513 506,252 573,077 620,327 662,852 Account Balance, End of Year 506,252 573,077 620,327 662,852 745,200 5 *Other Revenues include GASB 31 Adjustment
1 Expenses for construction costs of Phil and Nell Soto Park and ADA related improvements 2 Expense for purchase of 192 E Center and 353 Gibbs St for Water demonstration and Community Garden - Site no 13 3 Return of unused Park & Recreation Improvement Fees previously appopriated to the Phil & Nell Soto Park project 4 Expense for the Civic Center Plaza - New Playground and Amenities project 5 Of this total fund balance, $230,146 is five years old.
Statement of Revenues, Expenditures and Changes in Account Balance For the Five Years Ended June 30, 2024
Park and Recreation Improvement Fee (418-4090-40425-70613) Old Fee Structure
A-1
City of Pomona
Appendix
New Development Impact Fees
Resolution 2021-089 & Ordinance 4309
Effective October 1, 2021 (New Fee
Structure)
RESOLUTION NO. 2021- 89
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POMONA, CALIFORNIA, ADOPTINGA DEVELOPMENTIMPACT
FEE UPDATE STUDY BY WILL DAN FINANCIAL SERVICES, THE
FINDINGS CONTAINED THEREIN AND ESTABLISHING CERTAIN
DEVELOPMENT FEES
WHEREAS, the CityCouncilof the Cityof Pomonawishesto ensurethat newdevelopmentwithinthe Citymitigatesits impactson the followingpublic facilities:
1 Road and Highway Facilities Fund
2. Traffic Signal and Control Device Facilities Fund
2. Public Safety Facilities Fund
3. Park and Recreation Improvement Facilities Fund
4. Storm Drain Facilities Fund
5. Potable and Recycled Water Facilities Fund
6. Sewer Facilities Fund
WHEREAS, the City has identified the need for new and/or expanded facilitiesto accommodateexpectedpopulationgrowthand newdevelopment; and, WHEREAS, itistheCity's policythatfuturenewdevelopmentshouldpayits fair share of public facilitiesand services in accordancewith good fiscal managementas determinedby the City Council, includingthe current costs for providing the facilities in direct proportion to the demand for these facilities generated by new development; and
WHEREAS, the CityretainedWilldanFinancialto conducta comprehensive reviewof thefacilitiesneededto accommodategrowthandpreparea Development Impact Fee Study (" Study") in accordance with California Government Code §§ 66000 et seq.; and
WHEREAS, theStudyprovidedtheCitywithinformationanddataregarding, thenexusbetweentheplannedpublicimprovementsandthebenefitinglanduses that wouldpay the impactfees at time of issuanceof a buildingpermit; and WHEREAS, the Studyprovidesthe City with the findingsnecessaryto establish the City's proposed impact fees in accordance with Government Code 66001; and
WHEREAS, certain of the impact fees for water, stormwater and sewer facilitiesare "capacitycharges" within the meaningof GovernmentCode section 66013, andtheStudyprovidesevidencethatsuchcapacityfeesdonotexceedthe reasonable cost of providing the services for which such fees are imposed; and WHEREAS, onAugust2, 2021, theCityCouncilhelda dulynoticedpublic hearingontheproposeddevelopmentimpactfeeswithanopportunityforthepublic to be heard, pursuant to the provisions of Government Code §§ 66016-- 66018; and WHEREAS, the Study has been availablefor public review and comment pursuant to the provisions of Government Code § 66016 and § 6062a; and WHEREAS, in additionto thisResolutiontheCityCouncilis considering OrdinanceNo. 4309 whichrevisesthe sectionsof the PomonaMunicipalCodeto clarify administration of adopted impact fees, and
WHEREAS, the City Councilof the City of Pomonadesiresto imposeand adoptthe developmentimpactfees, attachedheretoas Exhibit "A" and by this referenceincorporatedherein, andtoadoptthefindingssetforthintheStudyasthe findingsoftheCityCouncil, whichStudyisattachedheretoasExhibit "B" andby this reference incorporated herein.
NOWTHEREFORE, theCityCounciloftheCityofPomonadoesherebyfind, order, and resolve as follows:
SECTION 1: That the City Council of the City of Pomona finds and determines that the Study complies with California Government Code § 66001 by establishing the basis for the imposition of the impact fees on new development. The City Council herebyadoptsthe findingsset forth in the Studyattachedheretoas Exhibit "B" as the findingsof the City Council, whichcontainthefollowingfindingswith respectto eachdevelopmentimpactfee, whichare bythis referenceincorporatedhereinas if fully stated herein.
a) Identifies the purpose of the fee;
b) Identifies the use to which the fee will be put; c) Showsa reasonablerelationshipbetweenthe use of the fee and the type of development project on which the fee is imposed; d) Demonstrates a reasonable relationship between the need for the public facilities and the type of development projects on which the fee is imposed; and
e) Demonstratesa reasonablerelationshipbetweenthe amountof the fee and the costof the publicfacilitiesor portionof the publicfacilities attributable to the development on which the fee is imposed.
Resolution 2021- 89
August 2, 2021
DetaileddescriptionsoftherequiredfindingsarecontainedintheStudywithinthedescription of each fee. ( See Final Draft Dated June 29, 2021) Further, theCityCouncilfindsthat, basedontheevidencesetforthintheStudy, the impactfeesthatare "capacitycharges" withinthemeaningof GovernmentCode section66013donotexceedthereasonablecostofprovidingtheservicesforwhich such capacity fees are imposed.
SECTION 2. Thatthe CityCouncilherebydeterminesthat thedevelopmentimpact fees collectedpursuantto this resolutionshall be used to financethe public improvementsdescribedoridentifiedintheStudyorsuchotherpublicfacilitymaster plansorcapitalimprovementprogramasmayfromtimetotimebeadoptedbytheCity Council.
SECTION 3. TheCityCouncilhasconsideredthe specificprojectdescriptionsand the cost estimatesidentifiedin the Studyand herebyapprovessuch project descriptions and cost estimates and finds them reasonable as the basis for calculating and imposing the development impact fees.
SECTION 4.
ThattheCityCouncilfindsthattheprojectsandfeemethodology identifiedin the Study are consistentwith the City's GeneralPlan and the requirements of the California Mitigation Fee Act ( California Government Code, Section 660001 et seq.).
SECTION 5. Thatthe City Councilapprovesthe scheduleof developmentimpact fees contained in and attached hereto as Exhibit " A". The development impact fees shallbeimposeduponpropertyownersordeveloperswhenapplyingforabuilding permit or due at final inspection or issuance of a certificate of occupancy, as provided in Article 111, Chapter 70 of the Pomona Municipal Code.
SECTION6. Within180daysafterthecloseofthefiscalyearduringwhichthefirst depositoffeesintoaDevelopmentImpactfeeaccounthasoccurredandeveryyear thereafter as required by Government Code Sec. 66006, the City shall make available to the public and the City Council shall review.- 1 The amount of the fee,
2. The beginning and ending balance of the account or fund;
3. The amount of the fees collected, and interest earned;
4. Identificationof eachpublicimprovementonwhichfee revenueswere expendedandtheamountoftheexpendituresoneachimprovement, includingthe percentageofthecostofthe publicimprovementthatwasfundedwithfee revenues, Resolution 2021- 89
August 2, 2021
5. Identificationof the approximatedate by whichthe constructionof a publicimprovementwillcommence, iftheCitydeterminessufficientfundshavebeen collected financing of an incomplete public improvement;
6. A description of each inter-fund transfer or loan made from the account or fund, including interest rates, repayment dates, and a description, of the improvements on which the transfer or loan will be expended.
Forthoseimpactfeesthatare"capacitycharges"withinthemeaningofGovernment Codesection66013, within180daysafterthelastdayofeachfiscalyear, theCity shallprovidethefollowinginformation (whichmaybeincludedin theCity's annual financial report:
1. A description of the capacity charges deposited in the fund created for such capacity charges,
2. The beginning and ending balance of the fund and the interest earned from investment of moneys in the fund.
3. The amount of capacity charges collected in that fiscal year.
4. An identification of all of the following:
A. Each public improvementon which capacity charges were expended and the amount of the expenditure for each improvement, including the percentage of the total cost of the public improvement that was fundedwiththosechargesif morethanonesourceoffundingwasused.
B. Each public improvementon which capacity charges were expended that was completed during that fiscal year.
C. Each public improvement that is anticipated to be undertaken in the following fiscal year.
5. A description of each interfund transfer or loan made from the fund created for the capacity charges. The information provided, in the case of an interfundtransfer, shall identifythe public improvementson whichthe transferred moneys are, or will be, expended. The information, in the case of an interfund loan, shall includethe date on whichthe loanwill be repaid, and the rateof interestthat the fund will receive on the loan.
Section 7. At least once everyfive years as requiredby GovernmentCodeSec, 66001( d), theCityCouncilshallreviewthe basisforthe impactfees, exceptforthose feesthat are "capacitycharges" withinthe meaningof GovernmentCodesection Resolution 2021- 89
August 2, 2021
66013, to determinewhetherthe fees are still reasonablyrelated to the needsof new development and make the following findings for any fee revenues that remain unexpended:
1. Identify the purpose to which the fee will be put.
2. Demonstrate the reasonable relationship between the fee and the purpose for which it is charged.
3. Identify all sources and amounts of funding anticipated to complete financing of incomplete improvements for which the impact fees are to be used.
4. Designatethe approximatedateson whichthe fundingnecessaryto complete financing of those improvements will be deposited in to the appropriate account of fund.
SECTION 8.
a.
The City, as lead agencyunder the CaliforniaEnvironmentalQualityAct CEQA"), hasevaluatedthepotentialenvironmentalimpactsofadoptingtheimpact fees. As the decision making body for the City, the City Council has reviewed and considered the information contained in the administrative record for the adoption of the impact fees.
b. The City Council finds that the impact fees are intended to fund as-yet unknown, future projects, programs, and capital improvement projects related to the City's need to finance capital improvements to provide adequate infrastructure to meet growth-related needs. These impact fees do not commit the City to approve any particular project, program, or capital improvement, but will be placed in separate funds for potential future projects. These impact fees are in response to the City's projected need for additional facilities and infrastructure to provide services to its existing customers and new development. Any activities, including infrastructure improvements, to be funded by these impact fees will be subject to futureenvironmentalreviewunderCEQA, as applicable, priorto Cityapproval.
C. The City Council therefore finds that the impact fees are not subject to environmental review under CEQA. First, the impact fees, in and of themselves, do not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and therefore are not considered a " project" under CEQA. ( Pub.
Resources Code, § 21065, 14 Cal. Code Reds., § 15378, subd. ( a).) Second, the impactfees are covered by the general rule that CEQAapplies only to projects which have the potential for causing a significant effect on the environment; here, there is no possibility that the impact fees, in and of themselves, may have a significant effect on the environment. ( 14 Cal. Code Re s. § 15061, subd. ( b)( 3)) And third, the impact fees are considered a government funding mechanism that do Resolution 2021- 89
August 2, 2021
notinvolveanycommitmentonbehalfoftheCitytoanyspecificprojectwhichmay result in a potentially significant physical impact on the environment, ( 14 Cal. Code Regs., § 15378, subd. ( b)( 4))
d. The City Council has considered any comments received at the public meeting on August 2, 2021, prior to adoption of this Resolution. e.
The determinationthat the impact fees are not subject to CEQA review reflects the City Council's independent judgment and analysis. f. Thedocumentsandmaterialsthatconstitutethe recordof proceedingson whichthesefindingshavebeenbasedarelocatedat Cityof PomonaCityHall, Development Services Department, Pomona, California.
505 S. Garey Avenue
Pomona, CA 91769
The custodianfor these recordsis the City Clerkand DevelopmentServices Director.
SECTION 9.
Thatthenewfeesattachedheretoshallbecomeeffectivesixty (60) daysfollowingtheadoptionofthisResolutionbytheCityCouncil.
PASSED, APPROVED AND ADOPTED this 21d
day of August, 2021.
CITY OF PCDMONA:
Tim Sa val
Mayor
APPROVED AS TO FORM:
Sonia Carvalho koS'salia A. erBut er, MCt
City Attorney City Clerk
Resolution 2021- 89
August 2, 2021
1, HEREBYCERTIFYthattheforegoingresolutionwasdulyadoptedbytheCity Council' oftheCityofPomonaata regularmeetingthereofheldonAugust2, 2021 by the following vote of the Council:
AYES: Nolte, Preciado, Garcia, Lustro, Sandoval
NOES- Ontiveros- Cole, Torres
ABSTAIN: None
ABSENT: None
Rosalia A. ButlersMMC
City Clerk
Resolution 2021- 89
August 2, 2021
Exhibit " A"
Development Impact Fee Schedule
Fee Type Final Fee Amounts
Traffic Signal and Control $ 5.00 per trip generatedby new construction Device Facilities Fund
Road and Highway 5.00 per trip generatedby new construction Facilities Fund
Public Safety Facilities $ 0.25 per squarefoot generatedby new construction Fund
Residential in- rill, Subdivisions2
Park and Recreation 0 to 500 sq. ft. 6, 422 10, 119
Improvement Fee 501 to 1, 499 sq. ft. 9, 649 15, 204
1, 500+ sq, ft. 11, 475 18, 080
Residential Non- Residential ( per 1,000 sq. ft.)
0 to 500 sq. ft. 2, 884 Commercial 405
Sewer Connection Fee 501 to 1,499 sq. ft. $ 4, 326 Office 1, 758 1, 500+ sq. ft. 5, 135 Warehouse 175
Manufacturing 879
Institutional 3, 253
L...... ............ Hotel Room 1, 758
Residential Non- Residential ( per 1,000 sq. ft.)
0 to 500 sq. ft. $ 2, 880 Commercial 404
Water Connection ( New 501 to 1, 499 sq. ft. $ 4, 321 Office 1, 756 Fee) 1, 500+ sq. ft. 5, 129 Warehouse 175
Manufacturing 878
Institutional 3, 250
Hotel Room 1,756
Residential Non- Residential ( per 1,000 sq. ft.)
0 to 500 sq. ft. 45 Commercial 144
Storm Drain ( New Fee) 501 to 1, 499 sq. ft. $ 45 Office 170 1, 500+ sq. ft. 77 Warehouse 193
Manufacturing 193
Institutional 88
Hotel Room 63
Park fees charged under the Mitigation Fee Act for infill development. 2 Fees in lieu of land dedication charged under the Quimby Act for subdivisions.
Exhibit " B"
Development Impact Fee Study
Exhibit " B"
CITY OF POMONA
DEVELOPMENT IMPACT FEE UPDATE
STUDY
FINAL DRAF"' I"
JUNE 2% 2021
I LLDAN
FINANCIAL SERVICES
Oakland Office Corporate Office Other Regional Offices
66 Franklin Street 27368 Via Industria Aurora, CO
Suite 300 Suite 200 Orlando, FL
Oakland, CA 94607 Temecula, CA 92590 Phoenix, AZ
Tel: ( 5110) 832- 0899 Tel: ( 800) 755- 6864 Plano, TX Fax: ( 888) 326- 6864 Seattle, WA
Washington, DC
www. wilidan. com
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e
i
1 TABLE OF CONTENT' S
EXECUTIVE SUMMARY ..............-............... ............... 1 Background and Study Objectives I
Facility Standards and Costs 1
Use of Fee Revenues 2
Development Impact Fee Schedule Summary 2
1 INTRODUCTION ..................... ...... ..................... 4 Public Facilities Financing in California 4
Study Objectives 4
Fee Program Maintenance 5
Study Methodology 5
Types of Facility Standards 6
New Development Facility Needs and Costs 6
Organization of the Report 7
2. GROWTH FORECASTS ............ ........ ......... .......... ...... .............. 8 Land Use Types 8
Accessory Dwelling Units 9
Existing and Future Development 9
Occupant Densities 10
Land Cost Assumptions 12
3. ROADWAY AND TRAFFIC SIGNAL FACILITIES................................. 13 Trip Demand 13
Trip Demand Growth 14
Existing Roadway and Traffic Signal Inventory 15
Fee per Trip Demand Unit 16
Fee Schedules 17
Mitigation Fee Act Findings 19
Purpose of Fee 19
Use of Fee Revenues 19
Benefit Relationship 20
Burden Relationship 20
Proportionality 20
4. PUBLIC SAFETY FACILITIES ............................. ................. ..... 21 Service Population 21
Existing Facility Inventory 22
Cost Allocation 24
Fee Revenue Projection 25
Fee Schedule 25
Mitigation Fee Act Findings 26
Purpose of Fee 26
Use of Fee Revenues 26
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City of Pomona DevelopmentImpactFeeUpdateStudy
Benefit Relationship 27
Burden Relationship 27
Proportionality 27
5. PARK AND RECREATION FACILITIES ............................................ 28 Service Population 28
Existing Park and Recreation Facilities Inventory 28
Parkland and Park Facilities Unit Costs 29
Park Facility Standards 30
Quimby Act Standard 30
City of Pomona Park Facilities Standards 30
Facilities Needed to Accommodate New Development 31
Parks and Recreation Facilities Cost per Capita 32
Use of Fee Revenue 33
Fee Schedule 33
Mitigation Fee Act Findings 34
Purpose of Fee 35
Use of Fee Revenues 35
Benefit Relationship 35
Burden Relationship 35
Proportionality 35
6. STORM DRAIN FACILITIES .................... ........... ...................... 37 Storm Drain Demand 37
EDU Generation by New Development 38
Planned Facilities 38
Cost per Equivalent Dwelling Unit 39
Fee Schedule 39
Mitigation Fee Act Findings 40
Purpose of Fee 40
Use of Fee Revenues 40
Benefit Relationship 41
Burden Relationship 41
Proportionality 41
7. POTABLE AND RECYCLED WATER FACILITIES............................... 42 Current Water System Asset Valuation 42
Adjusted System Valuation 43
Fee per Gallon per Day 44
Fee Schedule 44
8. SEWER FACILITIES ...................................................................... 46 Current Sewer System Asset Valuation 46
Adjusted System Valuation 46
Fee per Gallon per Day 47
Fee Schedule 47
9. IMPLEMENTATION...................................................................... 49 Impact Fee Program Adoption Process 49
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City of Pomona DevelopmentImpactFeeUpdateStudy
Inflation Adjustment 49
Reporting Requirements 49
Programming Revenues and Projects with the CIP 51
APPENDIX ................................................ ...... .................................. 52 California Government Code § 65852. 2 ( f) 52
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Executive Summary
This report summarizes an analysis of development impact fee and capacity charges needed to support future development in the City of Pomona through 2040. It is the City's intent that the costs representing future development' s share of public facilities and capital improvements be imposed on that development in the form of a development impact fee, also known as a public facilities fee. The public facilities and improvements included in this analysis are divided into the fee categories listed below:
Roadway Facilities and Traffic a
Storm Drainage Facilities
Signals
Potable and Recycled Water
Public Safety Facilities Facilities
Parks and Recreation Facilities
0 Sewer Facilities
Background and Study Objectives
The primary policy objective of a development impact fee program is to ensure that new development pays the capital costs associated with growth. Although growth also imposes a services. The primary purpose of this report is to calculate and present fees that will enable the City to expand its inventory of public facilities, as new development creates increases in service demands. Two types of fees are identified in this report:
1. This study identifies the maximum justified development impact fees for roadway facilities, traffic signals, public safety facilities, storm drain facilities and parks and recreation facilities fees under authority granted by the Mitigation Fee Act ( the Act), contained in California Government Code Sections 66000 et seq. Each chapter that includesfees collected under the Act provides the necessaryfindings required by the Act for adoption of the fees presented in the fee schedules contained herein.
2. The water, recycled water and sewer facilities fees calculated in this report are also known as capacity charges and are subject to the requirements of Government Code Section 66013, which defines a capacity charge as " a charge for public facilities in existence at the time a charge is imposed or charges for new public facilities to be acquired or constructed in the future that are of proportional benefit to the person or property being charged, including supply or capacity contracts for rights or entitlements, real property interests, and entitlements and other rights of the local agency involving capital expense relating to its use of existing or new public facilities. A " capacity charge" does not include a commodity charge." Capacitycharges basedon the buy-in methodare a reimbursement for past capital costs. Capacity charges are not subject to the nexus findings required for impact fees, and are typically triggered by a new or upsized connection to the utility.
The City programs development impact fee- funded capital projects through its Capital Improvement Plan ( CIP). Using a CIP allows the City to identify and direct its fee revenue to public facilities projects that will accommodate future growth. By programmingfee revenues to specific capital projects, the City can help ensure a reasonable relationship between new development and the use of fee revenues as required by the Mitigation Fee Act. bli y Standards and Costs
There are three approaches used to calculate facilities standards and allocate the costs of planned facilities to accommodate growth in compliance with the Mitigation Fee Act requirements in this study.
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City of Pomona DevelopmentimpactFeeUpdateStudy
The existing inventory approach is based on a facility standard derivedfrom the City's existing level of facilitiesand existingdemandfor services. This approachresults in inofacility deficiencies attributable to existing development. This approach is often used when a long- range plan for new facilities is not available. Future facilities to serve growth will be identified through the City's annual CIP and budget process and/or completion of a new facility imaster plan. This approach is used to calculate the roadways, traffic signals, public safety and parks and recreation facilities fees in this report.
The planned facilities approach allocates costs based on the ratio of planned facilities that serve new development to the increase in demand associated with new development. This approach is appropriate when specific planned facilities that only benefit new development can be identified, or when the specific share of facilities benefiting new development can be identified. Examples include street improvements to avoid deficient levels of service or a sewer trunk line extension to a previously undeveloped area. This approach is used for the storm drain facilities fees in this report.
The buy- in method is typically used when the existing system has sufficient capacity to serve new development now and into the future. Under the buy- in methodology, new development buys" a proportionateshare of existing capacity at the currentvalue of the existing facilities. This approach is typically used for utility fees, where existing facilities are built with excess capacity to serve future development. This approach is used for the water, recycled water, and sewer capacity charges in this report.
Use of Fee Revenues
Impact fee revenue from the roadway, traffic signals, public safety facilities parks and recreation facilities and storm drain facilities fees must be spent on new facilities or expansion of current facilities to serve new development. Facilities can be generally defined as capital acquisition items with a useful life greater than five years. Impact fee revenue can be spent on capital facilities to serve new development, including but not limited to land acquisition, construction of buildings, construction of infrastructure, the acquisition of vehicles or equipment, information technology, software licenses and equipment.
Revenue from the capacity charges for water, recycled water and sewer facilities can be used to reimburse the City for prior infrastructure investments. Once reimbursed, the City is able to spend fee revenue as it desires.
In that the City cannot predictwith certainty how and when developmentwithin the City will occur during the 20-year planning horizon assumed in this study, the City may need to update and revise the project lists funded by the fees documented in this study. Any substitute projects should be funded within the same facility category, and the substitute projects must still benefit and have a relationship to new development. The City could identify any changes to the projects funded by the impact fees when it updates the CIP. The impact fees could also be updated if significant changes to the projects funded by the fees are anticipated.
Devdopment Impact Fee Schedule Summary
Table EA summarizes the development impact fees that meet the City' s identified needs and comply with the requirements of the Mitigation Fee Act.
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0 Introduction
This report presents an analysis of the need for public facilities to accommodate new development in the City of Pomona. This chapter provides background for the study and explains the study approach under the following mec1iunm
Public Facilities Financing inCalifornia;
Study Objectives;
0 Fee Program Maintenance;
Study Methodology; and
Organization ofthe Report.
Public ac^iit[es Financingna ] c' ng in Californiaal^ f ] rn^ a The changing fiscal landscape in California during the past 40 years has steadily undercut the financial capacity of local governments to fund infrastructure. Three dominant trends stand out:
The passage of string of tax limitation memmures, starting with Proposition 13 in 1A78and continuing through the passage ofProposition 218in198G; Declining popular support for bond meanwnan to finance infrastructure for the next generation ofresidents and businesses; and
St* epreduc{ innoinfedemzl and ateassistance.
Faced with these trends, many cities and counties have had to adopt a policy of" growth pays its own m/ oy.^ This policy shifts the burden of funding infrastructure expansion from existing ratepayers and taxpayers onto new development. This funding shift has been accomplished primarily through the imposition of assessments, special taxes, and development impact fees also known as public facilities fees. Assessments and special taxes require the approval of property owners and are appropriate when the funded facilities are directly related to the developing property. Development impact fees, on the other hmmd, are an appropriate funding mounomfor facilities that benefit all development jurisdiuhon+ wida. Development impact fees need only a majority vote ofthe legislative body for adoption.
f V c^/Study_ — _ -.
The primary policy objective of public facilities fee program is to ensure that new development pays the capital costs associated with growth. Policy 7D.PY8ofthe General Plan states: " Ensure that new developments provide an integrated pattern of streets and pedestrian paths that provide connections between neighborhuudo.~ Policy C. P7states, " If any new residential development is permitted as a result of any subsequent land use study in the future' require provision of new public neighborhood and community parka at a natio consistent with City standards." Policy 7E. P33 states, " Require that all new development or expansion of existing facilities bear the cost of expanding the wastewater disposal system to handle the increased loads anticipated by development."
The primary purpose of this report is to update the City' s impact fees and capacity charges based on the most current available facility plans and growth projections. The maximum justified fees will enable the City to expand its inventory of public facilities as new development leads to increases inservice demands. This report supports the General Plan policies stated above.
The City collects development impact fees under authority granted by the Mitigation Fee Act( the Ao ), contained in California Government Code Sections 08000 et seq. This report provides the 4 VV| L[ LlAN
City of Pomona DevelopmentImpact Fee Update Study
necessary findings required by the Act for adoption of the fees presented in the fee schedules presented in this report.
Though nearing buildout, Pomona is forecast to see moderate growth through this study' s planning horizon of 2040. This growth will create an increase in demand for public services and the facilities required to deliver them. Given the revenue challenges described above, Pomona has decided to continue to use a development impact fee program to ensure that new development funds its share of facility costs associated with growth. This report makes use of the most current available growth forecasts and facility plans to update the City' s existing fee program to ensure that the fee program accurately represents the facility needs resulting from new development.
Fee Program Maintenance
Once a fee program has been adopted it must be properly maintained to ensure that the revenue collected adequately funds the facilities needed by new development. To avoid collecting inadequate revenue, the inventories of existing facilities and costs for planned facilities must be updated periodically for inflation, and the fees recalculated to reflect the higher costs. The use of established indices for each facility included in the inventories ( land, buildings, and equipment), such as the Engineering News- Record, is necessary to accurately adjust the impact fees. For a list of recommended indices, see Chapter 9.
While fee updates using inflation indices are appropriate for annual or periodic updates to ensure that fee revenues keep up with increases in the costs of public facilities, it is recommended to conduct more extensive updates of the fee documentation and calculation ( such as this study) when significant new data on growth forecasts and/ or facility plans become available. For further detail on fee program implementation, see Chapter 9.
Study Methodology
Development impact fees are calculated to fund the cost of facilities required to accommodate growth. The six steps followed in this development impact fee study include:
t. Estimate existing development and future growth: Identify a base year for existing development and a growth forecast that reflects increased demand for public facilities;
2. Identify facility standards: Determine the facility standards used to plan for new and expanded facilities;
3. Determine facilities required to serve new development: Estimate the total amount of planned facilities, and identify the share required to accommodate new development;
4. Determine the cost of facilities required to serve new development: Estimate the total amount and the share of the cost of planned facilities required to accommodate new development;
5. Calculate fee schedule: Allocate facilities costs per unit of new development to calculate the development impact fee schedule; and
6. Identify alternative funding requirements: Determine if any non-fee funding is required to complete projects.
The key public policy issue in development impact fee studies is the identification of facility standards ( step # 2, above). Facility standards document a reasonable relationship between new development and the need for new facilities. Standards ensure that new development does not fund deficiencies associated with existing development. 5 1LLDAN
City of Pomona DevelopmentImpactFeeUpdateStudy
Types of Fablity Standards
There are three separate components of facility standards:
Demand standards determine the amount of facilities required to accommodate growth, for example, park acres per thousand residents, squarefeet of library space per capita, or gallons of water per day. Demand standards may also reflect a level of service such as the vehicle volume- to-capacity( V/C) ratio used in traffic planning.
Design standards determine how a facility should be designed to meet expected demand, for example, park improvement requirements and technology infrastructure for City office space. Design standards are typically not explicitly evaluated as part of an impact fee analysis but can have a significant impact on the cost of facilities. Our approach incorporates the cost of planned facilities built to satisfy the City's facility design standards.
Cost standards are an alternate method for determining the amount of facilities required to accommodate growth based on facility costs per unit of demand. Cost standards are useful when demand standards were not explicitly developed for the facility planning process. Cost standards also enable different types of facilities to be analyzed based on a single measure ( cost or value) and are useful when different facilities are funded by a single fee program. Examples include facility costs per capita, cost per vehicle trip, or cost per gallon of water per day.
New Development Facility Needs and Costs
A number of approaches are used to identify facility needs and costs to serve new development.
This is often a two- step process: ( 1) identify total facility needs, and ( 2) allocate to new development its fair share of those needs.
There are three common methods for determining new development' s fair share of planned facilities costs in this study: the existing inventory method, the planned facilities method, and the buy-in method. Often the method selected depends on the degree to which the community has engaged in comprehensive facility master planning to identify facility needs.
The formula used by each approach and the advantages and disadvantages of each method is summarized below:
Existing Inventory Method
The existing inventory method allocates costs based on the ratio of existing facilities to demand from existing development as follows:
Current Value of Existing Facilities
Existing Development Demand
cost per unit of demand
Under this method new development will fund the expansion of facilities at the same standard currently serving existing development. By definition the existing inventory method results in no facility deficiencies attributable to existing development. This method is often, used when a long- range plan for new facilities is not available. Future facilities to serve growth are identified through an annual CIP and budget process, possiblyafter completion of a new facility master plan. This approach is used to calculate the roadways, traffic signals, public safety and parks and recreation facilities fees in this report.
Planned FFacilities Method
The planned facilities method allocates costs based on the ratio of planned facility costs to demand from new development as follows:
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City of Pornona DevelopmentImpactFeeUpdateStudy
Cost ofPlanned Facilities
co, perunitofdemmnd
New Qev opnentDemand
This methodis appropriatewhen plannedfacilities will entirelyservenew development, or when a fair share allocation of planned facilities to new development can be estimated. An example of the former inaWastewater trunk line extension0oapreviously undevelopedarea. Anexample ofthe latteris expansionof an existinglibrarybuildingandbookcollection, whichwill be neededonlyif new development occurs, but which, if built, will in part benefit existing deve| npment, as well.
Under this method new development will fund the expansion offecikities atthe standards used in the applicable planning documents. This approach is used for the storm drain facilities fees iothis report.
Buy- In Method
The buy-in method is based on the value of the existing system's capacity. This method in typically used when the existing system has sufficient capacity to serve new development now and into the future. Under the buy-in methodo1ogy, new development ''bmya° a proportionate share o/ existing capacity atthe current value o/ the existing facilities.
The buy-in fee is determined by taking the current value of assets (replacement cost new, |eao depreciation) divided by the current capacity provided by the system. Responsibility for new capital improvements is then shared equally by all customers. A simplified version of the calculation equation is:
Present Value ofExisting Facilities
cost per unit ofdemand
Existing System Capacity
This approach in typically used for utility feen, vvhepa existing fooi8Uea are built with excess capacity to serve future development. This approach is used for the water, recycled vxater, and sewer fees inthis report.
Organization of the Report
The determination of public facilities fee begins with the selection mfu planning horizon and development of growth projections for population and employment. These projections are used throughout the analysis of different facility categories and are summarized in Chapter 2.
Chapters 3thrnuQh 8 identify facility standards and planned tociNWes. W|ooe0o the cost ofplanned facilities between now development and other development, and identify the appropriate development impact fee or capacity charge for each of the following facility categories:
Roadway Facilities and Traffic 0
Storm Drainage Facilities
Signals
w
Potable and Recycled Water
Public Safety FmoUiUoo Facilities
ParkuandReoreotionFmoi| ities
M
Sewer Facilities
Chapter details the procedures that the City must follow when implementing mdevelopment impact fee program. Impact fee program adoption procedures are found in California Govomnent Code Sections 00U10through 86018.
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2. GroMh Forecasts
Growth projections are used as indicators of demand to determine facility needs and allocate those needs between existing and new development. This chapter explains the source for the growthprojectionsused in this study based on a 2020 baseyear and a planning horizonof 2040.
Estimates of existing development and projections of future growth are critical assumptions used throughout this report. These estimates are used as follows:
The estimate of existing development in 2020 is used as an indicator of existing facility demandand to determineexisting facility standards, The estimate of total development at the 2040 planning horizon is used as an indicator of future demand to determine total facilities needed to accommodate growth and remedy existing facility deficiencies, if any.
Estimates of growth from 2020 through 2040 are used to (1) allocate facility costs between new development and existing development, and ( 2) estimate total fee revenues.
The demand for public facilities is based on the service population, dwelling units or nonresidential development creating the need for the facilities.
Land Use Types
To ensurea reasonablerelationshipbetweeneachfee andthe typeof developmentpayingthe fee, growth projections distinguish between different land use types. The land use types for which impact fees have been calculated for are defined below.
Residential: All residential dwelling units, including single family and multifamily units. The fee schedule is divided into three categories, based on the square footage of the dwelling unit:
Less than 500 Square Feet
500— 1, 499 Square Feet
1, 500 + Square Feet
Commercial: All commercial, retail, educational, and service development Office., All general, professional, and medical office development Industrial:
Warehousing: Facilities that are used on a permanent basis for the receipt, storage, and redistribution of goods generally handled in containers, such as boxes, barrels, and/or drums, using equipment, such as forklifts, pallets, and racks.
Manufacturing: Facilities that fabricate, process, assemble, or blend materials into products. Manufacturing includes large machining operations, use of metal products, operations that have a combination of manufacturing, warehouse, and assembly in a space primarily occupied by very large machinery or other large fabrication and storage that may serve a variety of industries.
Institutional: Includes non- commercial uses such as hospitals, schools, social or religious institutions, and public institutions
Hotel: Places of lodging that provide sleeping accommodations, including all suite hotels and business hotels.
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City of Pomona DevelopmentImpactFeeUpdateStudy
Some developments may include more than one land use type, such as a mixed- use development with both residential and commercial uses. In those cases, the facilities fee would be calculated separately for each land use type.
The City has the discretion to determine which land use type best reflects a development project' s characteristics for purposes of imposing an impact fee and may adjust fees for special or unique uses to reflect the impact characteristics of the use. If a project results in the intensification of use, at its discretion, the City can charge the project the difference in fees between the existing low intensity use and the future high intensity use. i
Accessory Dwell'ing Units
The California State Legislature recently amended requirements on local agencies for the imposition of development impact fees and capacity charges on accessory dwelling units ( ADU) with Assembly Bill AB 68 in 2020. California Government Code § 65852. 2(f) regulates how impact fees and capacity charges are applied to ADUs. A high- level summary of these regulations is shown here, and the full text of California Government Code § 65852. 2( f) is reproduced in the appendix of this report for reference.
New utility connections for water and sewer service, and associated capacity charges and connection fees, may not be required for ADUs that are within the proposed space of a single- family dwelling or existing space of a single family dwelling or accessory structure, including an expansion of not more than 150 square feet beyond the physical dimensions of the existing accessory structure to accommodate ingress and egress.
Impact fees cannot be charged to ADUs less than 750 square feet. ADUs greater than 750 square feet can be charged impact fees( and Quimby fees in-lieu of land dedication) in proportion to the size of the primary dwelling unit.
Calculating Impact Fees for Accessory Dwelling Units
For ADUs greater than 750 square feet, impact fees can be charged as a percentage of the single family impact fee. The formula is:
ADU Square Feet
x Single Family Impact Fee = ADU Impact Fee
Primary Residence Square Feet
In the case of an 800 square foot ADU and a 1,600 square foot primary residence, the impact fees would be 50 percent ( 800 square feet / 1, 600 square feet = 50%) of the single family dwelling unit fee. No capacity fees would be charged, since no new single family unit was constructed.
Existing and Future Development
Table 2.1 shows the estimated number of residents, dwelling units, employees, and building square feet in Pomona, both in 2020 and in 2040. The base year estimates of household residents and dwelling units comes from the California Department of Finance. Estimates of residents and housing units in 2040 are based on the Southern California Association of Government' s( SLAG) 2016- 2040 RTP/ SCS Final Growth Forecast.
Base year employees were estimated based on the latest data from the US Census' OnTheMap application and exclude 671 local government ( public administration) employees. Estimates of workers in 2040 are also based on the SLAG growth projections and are allocated to the land use categories based on the current proportion of workers in each general category. 9 ILLDAN
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Table 2.1: Existing and New Development
2020 2040 Increase
Residents' 150, 830 190, 400 39, 570
DmIling units2
Single Family 28, 306 34, 586 6, 280
Multifamily 13, 516 16, 514 2, 998
Total 41, 822 51, 100 9, 278
F'rnnloynaent 3
Commercial 16, 557 26, 203 9, 646
Office 15, 101 23, 899 8, 798
Industrial 10, 804 17, 098 6, 294
Total 42, 462 67, 200 24, 738
Building Square Feet( 1,OOOS4
Commercial 7, 076 11, 198 4, 122
Office 5, 085 8, 047 2, 962
Industrial 11, 163 17, 666 6, 503
Total 23, 323 36, 911 13, 588
Current population from California Department of Finance. 2040 projection from SCAG.
Current values from California Department of Finance. 2040 projection from SCAG allocated to single and multifannily based on current proportions. 3Currentestimatesof primaryjobsfromtheLISCensus'OnTheWp. 2040 projection from SCAG, Assumes current ratio amongland uses w illbe maintained.
Estimated building square feet calculated based on increase of employees and density factors in Table 2. 2. The average employment density of warehouse and manufacturing uses is used to estimate industrial building square feet.
Sources: California Department of Finance, Table E- 5, 2020; SCAG 2016-2040 RTP/SCSFinalGrowth Forecast by Jurisdiction; OnTheMap Application, hftp:// onthemap. ces. census. gov; Table 2.2, Wilidan Financial Services.
Occupant Densities
All fees in this report are calculated based on the dwelling units or building square feet. Occupant density assumptions ensure a reasonable relationship between the size of a development project, the increase in service population associated with the project, and the amount of the fee.
Occupant densities ( residents per dwelling unit or workers per building square foot) are the most appropriate characteristics to use for most impact fees. The fee imposed should be based on the land use type that most closely represents the probable occupant density of the development.
This conversion is done with average household size factors that vary by dwelling unit square footage, shown in Table 2.2. The residential density factors are based on data for Pomona from
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City of Pomona DevelopmentImpactFeeUpdateStudy
the 2019 AmericanHousingSurvey and the U.S. Census' 2019 American Community Survey, the most recent data available. The factors were calculated as follows:
1. Calculate persons per dwelling unit, by dwelling unit square footage category.
Willclan examined data for the Los Angeles- Long Beach Metropolitan Statistical Area MSA)from the American HousingSurvey(AHS), 2019. The data regarding residentsper dwelling unit was aggregated by the increments shown in Table 2.2. The total residents for the dwelling units within each square footage category was divided the total count of dwelling units in that square footage category to estimate the average residents per dwelling unit, by square footage category.
2. Adjust for Pomona. The estimate of persons per dwelling unit, per square footage category for the Los Angeles- Long Beach MSA was then adjusted using based on difference in average dwelling unit density for Pomona compared to the Los Angeles- Long Beach MSA as calculated from American Community Survey (ACS) data. These adjustments were necessary because data for the City of Pomona is not specifically available from the AHS, and the ACS does not provide data at the granularity needed to estimate persons per dwelling unit, by dwelling unit square footage. Tables B25024 and B25033 from the ACS were used to estimate the average occupancy density across all dwellingunitsfor both the Los Angeles-Long Beach MSA and the City of Pomona.
Note that the estimates of residents per dwelling unit includes all dwelling units, as opposed to residents per household, which only includes occupied housing units. Estimates of residents per household are higher than residents per dwelling unit, but since the impact fees are applied to all new dwelling units, it is appropriate to use estimates of residents per dwelling unit to allocate costs though an impact fee.
The nonresidential occupancy factors are derived from data from the Institute of Traffic Engineers Trip Generation Manual, 10th Edition.
Table 2.2: Occupant Density Assumptions
Residents per DvvellingUnit, by Dulling Unit Sguare Footage Less than 500 Square Feet 2. 11 Residents per dwelling unit 500— 1, 499 Square Feet 3. 17 Residents per dwelling unit 1, 500 + Square Feet 3. 77 Residents per dwelling unit
Nonresidential
Commercial 2. 34 Employees per 1, 000 square feet
Office 2. 97 Employees per 1, 000 square feet
Industrial
Warehouse 0. 34 Employees per 1, 000 square feet
Manufacturing 1. 59 Employees per 1, 000 square feet
Institutional 0, 63 Employees per 1, 000 square feet
Hotel 0. 58 Employees per room
Sources: Tables B25024 and B25033 fromthe U. S. Census Bureau, 2019 American ConTnundySurvey 'l-Year Estimates;2019 American f-busing Survey for the Los Angeles- Long Beach MSA; ITETrip Generation Manual, 10th Edition; Willdan Financial Services. 11 ILLDAN
City of Pomona DevelopmentImpact Fee Update Study
and Cost Assuryiptions
Table 2. 3 displays the land cost assumption used throughout this report. The assumption was developed based on an analysis of land sales in Pomona within the past year, as reported by CoStar.
Table 2. 3: Land Cost
Area Value Per Acre
Weighted Average Cost per Acre 982, 000
Note: Includes land sales w ithin the past year within Pomona, as reported by GoStar.
Sources: Costar; Willdan Financial Services.
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12 3. Roadway
d
Signal
Facilities
w m
This chapter details an analysis of the needfor transportation facilities to accommodate new development. The chapter documents a reasonable relationship between new development and the impact fee for funding of these facilities.
Trip Demand
The need for transportation facilities is based on the trip demand placed on the system by development. A reasonable measure of demand is the number of average daily vehicle trips, adjusted for the type of trip. Vehicle trip generation rates are a reasonable measure of demand on the City's system of street improvements across all modes because alternate modes ( transit, bicycle, pedestrian) often substitute for vehicle trips.
The two types of trips adjustments made to trip generation rates to calculate trip demand are described below:
Pass- by trips are deducted from the trip generation rate. Vass-by trips are intermediates stops between an origin and a destination that require no diversion from the route, such as stopping to get gas on the way to work.
The trip generation rate is adjusted by the average length of trips for a specific land use category compared to the average length of all trips on the street system.
These adjustments allow for a holistic quantification of trip demand that takes trip purpose and length into account for fee calculation purposes.
Table 3.1 shows the calculation of trip demand factors by land use category based on the adjustments described above. Data is based on extensive and detailed trip surveys conducted by the Institute of Traffic Engineers ( ITE) and the San Diego Association of Governments SANDAL), respectively. The pass- by trip assumptions and trip rates come from ITE. The trip length assumptions come from SANDAG, as these assumptions are not published locally by the Southern California Association of Governments ( SCAG). The surveys provide one of the most comprehensive databases available of trip generation rates, pass- by trips factors, and average trip length for a wide range of land uses. Though urban development patterns differ between San Diego and the City of Pomona, the use of this data is appropriate as a means of allocating trips across multiple land use categories. This analysis assumes that the patterns of trip generation, trip purpose and trip length are roughly similar between the San Diego region and the Los Angeles region. Both regions are generally automobile- dependent and public transit limited— factors which drive trip generation characteristics. It should be noted that the projections of current and future trip generation in this report are based on data specific to the City of Pomona. i
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Table 3.1: Trip Rate Adjustme t Factors
Primary
and Average Adjust- PM Peak Trip
Pass- by Diverted Trip merit Hour Demand
Trips' Trips Length
the Factors
ITE Category THPO
Factors
D= 8XC
A 8= 1- A C lAvg E F= DxE
Residential per,DBelfinq Unit6
Single Family 0% 100% 7, 9 1. 14 Single Family Housing( 210) 1. 00 1 14 Multifamily 0% 100% 7. 9 1. 14 Multifamily Housing( Low- Rise)( 220) 0. 67 0. 76 Residential- per Omiling Mi
Less than 500 Square Feet 0% 100% 7. 9 1. 14 Single Family Housing( 210) 0. 153 072 500- 1, 499 Square Feel 0% 100% 7. 9 1. 14 Single Family Housing( 210) 0. 95 1. 08 1, 500+ Square Feet 0% 100% 7. 9 1. 14 Single Family Housing( 210) 1 13 1. 29 Nonresidential per 1.000 Sq. Ft.
Commercial 34% 66% 36 0. 34 Shopping Center( 820) 421 1. 43 Office 0% 100% 8. 8 1. 28 General Office( 710) 1, 42 1. 82 Industrial
Warehousing 0% 100% 9. 0 1. 30 Warehousing( 150) 0. 24 0. 31 Manufacturing 0% 100% 9. 0 1. 30 Manufacturing( 140) 0. 79 1. 03 Institutional 0% 100% 4. 8 0. 70 High School( 530) l 0. 58 Hotel Room 0% 100% 7. 6 1. 10 Hotel( 310) 0. 61 0. 67 Percentof total trips A pass- by trip is madeas an intermediatestop or the way Froman originto a primarytrip destinationwithout a route diversion Pass-by trips are not considered to add[ raft ic to the road network. As surription based on rrE Trip Generation Handbook data.
In miles Based on SANDA G data,
The trip adjustment factor equals the percent of non- pass- by trips multiplied by the average trip length and divided by the systerim idL average trip length of
6. 9 miles.
Trips per dwelling unit or per 1,000 building square feet.
The trip demand factor is the product of the trip adjustment factor and the trip rare PM peak hour Inc rates of 1.0 for single fainly units, and 0.67 for rrultdamly units are used to estimate existing and future trips In Table 3.2 because estimates of existing and future development, w ere not available by dw elling unit square footage Trip rate is based on the average PM peak hour trip rate per person( 0. 30 is the average of single fainly and multifamily PIVIPeak hour trips per person) and residents per dw ailing unit assumptions from Table 2. 2.
Sources: Institute of Traffic Engineers, Trip Generation Manual, 10th Editiori Institute of Traffic Engil Trip Generation Handbook, 3rd Edition, SANDAL; VVIlidan Financial Services.
I- rip, Demand rowth
The planning horizon for this analysis is 2040. Table 3.2 lists the 2020 and 2040 land use assumptions used in this study. The trip demand factors calculated lin Table 3.1 are multiplied by the existing and future dwelling units and building square feet to determine the increase in trip demand attributable to new development. For residential development, the increase in dwelling units will generate more trips and consequently more demand for transportation facilities. For nonresidential development, increases in building square footage accommodate more employees, who then generate more trips and consequently more demand for transportation facilities.
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Table 3. 2: . and Use Scenario and Trip Demand
Trip 2020 Growth 2020 to 2040 Total - 2040
Demand Units/ Units I Units/
Land Use Factor 1, 000 SF Trips 1, 000 SF Trips 1, 000 SF Trips Residential Qvw1fing Unit
Single Family 1, 14 28, 306 32, 269 6, 280 7, 159 34, 586 39, 428 Multifamily 0. 76 13, 516 10, 272 2, 998 2, 279 16, 514 12, 551 Subtotal 41, 822 42, 541 9, 278 9, 438 51, 100 51, 979
Nonresidential per 1000 Sq^ Ft.
Commercial 1. 43 7, 076 10, 118 4, 122 5, 895 11, 198 16, 013 Office 1. 82 5, 085 9, 254 2, 962 5, 391 8, 047 14, 645 Industrial' 0. 67 11, 163 7, 479 6, 503 4, 358 17, 666 11, 837 Subtotal 23, 323 26, 851 13, 588 15, 644 36, 911 42, 496 Total 69, 392 25, 082 94, 474
73. 5% 26, 5% 100%
The average of warehouse and manufacturingtrip demandfactors is usedto estimateindustrialtrip demand.
Sources: Tables 2. 1 and 3. 1.
Existing Roadway and Traffic Signal Inventory
The City of Pomona has made considerable investments in its transportation infrastructure. Table
3.3 summarizes the City's existing transportation inventory in 2020. The inventory is limited to primary arterial and collector streets that provide connectivity between neighborhoods and activity centers within the City, and that provide connectivity to neighboring cities and regional transportation facilities. As new development occurs, that development will need to fund these same types of facilities to ensure that the City can maintain its existing level of service.
The City provided the replacementcost assumptions for use in this analysis. In total, the City owns nearly $ 631 million worth of roadways and nearly $ 55 million worth of traffic signals.
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15 City of Pomona DevelopmentImpactFeeStudyUpdate
Table 3-3: Traffic Facilities Existing Inventory
Avg. Total
Infrastructure Length Width Unit Replacement
T Feet) _ fee! Area Units Conversion Unit Cost Cost
Roadways
Arterials 1, 795, 200 52 93, 350, 000 Sq. ft.
Collectors' 924, 000 36 33, 264, 000 Sq. ft.
Total 126, 614, 000 Sq. ft. 1, 171, 180
tone $
86 '$ 100, 721, 437
Sidewalks 3, 500, 640 10 35, 006, 000 Sq. ft, N/ A 9 $ 315, 054, 000 Curb and Gutter NA NA 3, 432, 000 Linear ft. N/ A 63 $ 216, 216, 000 Total Roadways Replacement Cost 631, 991, 437
Signals NA NA 183 Intersections 300, 000 $ 54, 900, 000 Total Traffic Facilities Replacement Cost 686, 891, 43' 7 Note: Inventory firritedto arterial and collector streets that provide connectrvity,between neighborhoods and activity centers w ithin theCity,andthatprovideconnectivityto neighboringcitiesandregionaltransportationfacilities. Localstreetsusedprimnlyfor access to one specific neighborhood or development site are not included.
Includes bike lanes.
2 126, 614, 000 sf x 0. 125 ft x 0. 074 ton/ cf= 1,171, 180 tons.
Sources:a of Pomona;WilldanFinancialServices
Fee per Trip Demand Unit
Every impact fee consists of a dollar amount, representing the value of facilities, divided by a measure of demand. In this case, all fees are first calculated as a replacement cost per trip demand unit. Then these amounts are translated into housing unit( cost per unit) and employment space (cost per 1,0(10 square feet or room) fees by multiplying the cost per trip by the trip generation rate for each land use category. These amounts become the fee schedule.
Table3.4 displaysthecalculationof thecostthecostpertripdemandunitbydividingtheexisting traffic facility replacement cost from Table 3.3 by existing trip demand from Table 3.2 for roadways and traffic signals, respectively.
If an applicant believes that their project does not fit into the land use categories for which fees havebeencalculated, at thediscretionof thePublicWorksDirector, thefeecanbecalculatedby multiplyingthe cost per trip by the number of PM peak hour trips identified in the latest ITE Trip Generation Manual for the land use, adjusted by the applicable trip rate adjustment factors in Table 3. 1.
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Table 3A ExistiN_ Inventory Cost per Trip
Traffic
Roadways Signals
Existing Inventory Replacement Cost $ 631, 991, 437 $ 54, 900, 000 Existing Trip Demand 69, 392 69, 392
Cost per Trip 9, 108 $ 791
Sources: Tables 3. 2 and 3. 3.
Fee Schedules
Table 3. 5 shows the maximum justified roadways facilities fee schedule and Table 3. 6 shows the maximum justified traffic signal facilities fee schedule. The City can adopt any fee up to these amounts. The maximum justified fees are based on the costs per trip shown in Table 3.4. The cost per trip is multiplied by the trip demand factors in Table 3. 1 to determine a fee per unit of new development. The total fee includes a two percent ( 2%) administrative charge to fund costs that include: a standard overhead charge appliedto all City programs for legal, accounting, and other departmental and administrative support, and fee program administrative costs including revenue collection, revenue, and cost accounting, mandated public reporting, and fee justification analyses.
If an applicant believes that their project does not fit into the land use categories for which fees have been calculated, at the discretion of the PublicWorks Director, the fee can be calculated by multiplying the costs per trip from Table 3.4 by the number of PM peak hour trips identified in the latest ITE Trip Generation Manual for the land use, adjusted by the applicable trip rate adjustment factors in Table 3. 1
In Wilidan' s experience with impact fee programs, two percent of the base fee adequately covers the cost of fee program administration. The administrative charge should be reviewed and adjusted during comprehensive impact fee updates to ensure that revenue generated from the charge sufficiently covers, but does not exceed, the administrative costs associated with the fee program.
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Table 3. 5: Maximum Justified Roadwayfacilities Impact Fee Schedule A B C= AxB 0= C x 0. 02 E= C+ D E11, 000
Trip Fee
Cost Per Demand Admin per Sq.
Land Use Trip Factor Base
Feel
Charge
1, 2
Total
Feel
Ft.
Residential- per DmIling Unit
Less than 500 Square Feet $ 9, 108 0, 72 $ 6, 557 $ 131 $ 6, 688 500- 1, 499 Square Feet 9, 108 1. 08 9, 836 197 10, 033 1, 500+ Square Feet 9, 108 1. 29 11, 749 235 11, 984
Nonresidential- per 1. 000& Ft. or Hotel Room
Commercial 9, 108 1. 43 $ 13, 024 $ 260 $ 13, 284 $ 13. 28 Office 9, 108 1. 82 16, 576 332 16, 908 116.91
Industrial
Warehousing 9, 108 0, 31 $ 2, 823 $ 56 $ 2, 879 $ 2, 88 Manufacturing 9, 108 1. 03 9, 381 188 9, 569 9. 57
Institutional 9, 108 0, 58 5, 282 106 5, 388 5. 39
Hotel Room 9, 108 0. 67 6, 102 122 6, 224 6. 22
Fee per dwelling unit, per 1,000 square feet of nonresidential or per hotel room.
Adn-inistrative charge of 2.0 percent for( 1) legal, accounting, and other administrative support and( 2) impact fee program administrative costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analyses.
Sources: Tables 3. 1 and 3. 4.
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18 City of Pomona DevelopmentImpactFeeStudyUpdate
Table 3.,6: Maximum Justified Traffic Sig als Impact Fee Schedule A B C= AxB D= CxO. 02 E= C+ D El 11000
Trip Fee
Cost Per Demand Admin per Sq.
Land Use Trip Factor Base
Feel
Char e
1, 2
Total
Fees
Ft.
Residential-- aper
Eyc lfiqg_Unit
Less than 500 Square Feet $ 791 0. 72 $ 570 $ 11 $ 581 500— 1, 499 Square Feet 791 1. 08 854 17 871
1, 500+ Square Feet 791 1. 29 1, 021 20 1, 041
Nonresidential- leer 1,000 Sa. Ft. or Hotel Room
Commercial 791 1, 43 $ 1, 131 $ 23 $ 1, 154 $ 1. 15 Office 791 1. 82 1, 440 29 1, 469 1. 47
Industrial
Warehousing 791 0. 31 $ 245 $ 5 $ 250 $ 0. 25 Manufacturing 791 1. 03 815 16 831 0. 83
Institutional 791 0. 58 459 9 468 0. 47
Hotel Room 791 0. 67 530 11 541 0. 54
Fee per dwelling unit, per 1,000 square feet of nonresidential or per hotel room. 2Adrrinistrativechargeof2.0percentfor(1)legal,accounting,andotheradryinistrativesupportand(2)in-pactfee programadministrativecostsincludingrevenuecollection,revenueandcostaccounting,mandatedpublicreporting,and fee justification analyses,
Sources: Tables 3. 1 and 3. 4.
Mitigation Fee Act Findings
The five statutory findings required for adoption of the roadway and traffic signal facilities fees documentedin this chapter are presentedbelow. All statutory referencesare to the MitigationFee Act.
PuIrpose of Fee
8 Identify the purpose of the fee (,§ 66001( a)( 1) of the Act).
Roadwaysand traffic signal facilities impact fees are designed to ensure that new development will not burden the existing service populationwith the cost of facilities requiredto accommodate growth. The purpose of the fees documented by this report is to provide a funding source from new development for capital improvements to serve that development. The fees advance a legitimateCity interest by enablingthe City to provide publicfacilities to newdevelopment.
Use of Fee RevenUes
Identify the use to which the fees will be put. If the use is financingfacilities, the facilities shall be identified. That identification may, but need not, be made by reference to a capital improvement plan as specified in §65403 or§ 66002, may be made in applicable general or specific plan requirements, or may be made in other public documents that identify the facilities for which the fees are charged(§ 66001( a)( 2) of the Act).
If enacted by the City, fees documentedin this chapter would be used to fund expandedfacilities to serve new development. Facilities funded by these fees are designated to be located within the City's existingboundaries. Feesaddressedin thischapterhavebeenidentifiedby theCityto be restricted to funding roadways and traffic signals.
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Benefit Rdationship
Determine the reasonable relationship between the fees' use and the type of development project on which the fees are imposed(§ 66001( a)( 3) of the Act).
The City will restrict fee revenue to the acquisition of land, construction of facilities and infrastructure, and purchase of related equipment, vehicles, and services used to serve new development. Roadways and traffic signals funded by the fees are expected to provide a citywide network of facilities accessible to the additional residents and workers associated with new development. Under the Act, fees are not intended to fund planned facilities needed to correct existing deficiencies. Thus, a reasonable relationship can be : shown between the use of fee revenueand the new developmentresidentialand nonresidentialuse classificationsthat will pay the fees.
BUrden Relationship
Determine the reasonable relationship between the need for the public facilities and the types of development on which the fees are imposed(§ 66001( a)( 4) of the Act).
The need for facilities is based on a facility standard that represents the demand generated by new development for those facilities. For roadways and traffic signals, demand is measured in terms of a cost per trip-- a single facility standard that can be applied across land use types to ensure a reasonable relationship to the type of development. New development will fund roadways and traffic signals at a level of service in terms of facilities cost per trip no greater than that which existing development has funded to date.
Proportionality
Determine how there is a reasonable relationship between the fees amount and the cost of the facilities or portion of the facilities attributable to the development on which the fee is imposed(§ 66001,( b) of the Act).
The reasonable relationship between each facilities fee for a specific new development project and the cost of the facilities attributable to that project is based on the estimated new development growth the project will accommodate. Fees for a specific project are based on the project's size. Larger new development projects can result in higher trip generation resulting in higher fee revenue than smaller projects in the same land use classification. Thus, the fees ensure a reasonable relationship between a specific new development project and the cost of the facilities attributable to that project.
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20 4. Public Safety Facilities
The purpose of this fee is to ensure that new development funds its fair share of public safety facilities. A fee schedule is presented based on the existing inventory facilities standard of public safety facilities in the City of Pomona to ensure that new development provides adequate funding to meet its needs.
Servilation
Public Safety facilities serve both residents and businesses. Therefore, demand for services and associated facilities are based on the City' s service population including residents and workers.
Table 4.1 shows the existing and future projected service population for public safety facilities.
While specific data is not available to estimate the actual ratio of demand per resident to demand by businesses ( per worker) for this service, it is reasonable to assume that demand for these services is less for one employee compared to one resident, because nonresidential buildings are typically occupied less intensively than dwelling units. The 0.31-weighting factor for workers is based on a 40- hour workweek divided by the total number of non-work hours in a week ( 128) and reflects the degree to which nonresidential development yields a lesser demand for public safety facilities. Note that under this approach residents who also work within the City are weighted more heavily than a resident who works elsewhere. This is appropriate as that resident creates, demand for public safety services while they are at home and while they are working.
Table 4. 1: Public Safety Facilities Service Popdation
A B AxB= C
Weighting Service
Persons Factor Population
Residents
Existing ( 2020) 150, 830 1. 00 150, 830
New Development 39, 570 1. 00 39, 570
Total ( 2040) 190, 400 190, 400
Workers
Existing ( 2020) 42, 462 0. 31 13, 200
New Development 24, 738 0. 31 7, 700
Total ( 2040) 67, 200 20, 900
Combined Residents and Weighted Workers
Existing ( 2020) 164, 030
New Development 47, 270
Total ( 2040) 211, 300
Workers are weighted at 0. 31 of residents based on a 40 hour work week out of a possible 128 non- work hours in a week( 40/ 128= 0. 31) Sources: Table 2. 1; Willdan Financial Services.
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Ddstin( Facility Myent ory
TheCity's publicomhatyfacilitiesinventoryis comprisedof rine firestatimns, a firetrainingtower, the public safety ( police) station, traffic bureau and various accessory buildings. The land cost assumption was based on an analysis nfrecent land sales within the City mfPomona and is consistent with other chapters in the report. The value of buildings is based on the replacement cost for similar facilities provided by other VViUdan o| imotm. In total the City owns nearly $ 208 million worth of public safety facilities. Table 4.2 displays the City's existing inventory of public safety facilities.
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Table 4.2: Existing Public Safety Facilities Inventory
Replacement
Inventory Unit Unit Cost Cost
Public Safety Building
Land 2. 39 acres $ 982, 000 $ 2, 346, 980
Building 28, 643 sq. ft. 525 15, 037, 575
Subtotal 17, 384, 555
Fire Station # 181
Land acres $ 982, 000 $
Building 13, 309 sq. ft. 525 6, 987, 225
Subtotal 6, 987, 225
Fire Station# 182
Land 0. 34 acres $ 982, 000 $ 333, 880
Building 4, 512 sq. ft. 525 2, 368, 800
Subtotal 2, 702, 680
Fire Station# 183
Land 0. 60 acres $ 982, 000 $ 589, 200
Building 3, 814 sq, ft. 525 2, 002, 350
Subtotal 2, 591, 550
Fire Station # 18
Land 0. 61 acres $ 982, 000 $ 599, 020
Building 4, 250 sq. ft. 525 2, 231, 250
Subtotal 2, 830, 270
Fire Station# 18
Land 0. 77 acres $ 982, 000 $ 756, 140
Building 4, 827 sq. ft. 525 2, 534, 175
Subtotal 3, 290, 315
Fire Station# 186
Land 0. 47 acres $ 982, 000 $ 461, 540
Building 5, 165 sq. ft. 525 2, 711, 625
Subtotal 3, 173, 165
Sources: City of Pornona; Table 2. 3, Willdan Financial Services. 23 1LLDAN
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Table 4.2: Existing Public Safety Facilities Inventory
Continued
Replacement
Inventory Unit Unit Cost Cost
Fire Station# 187+ Fire Training Tomr
Land 6. 47 acres $ 982, 000 $ 6, 353, 540
Building 15, 480 sq. ft. 525 8, 127, 000
Subtotal 14, 480, 540
Fire Station# 18
Land 0. 63 acres $ 982, 000 $ 520, 460
Building 3, 300 sq. ft. 525 1, 732, 500
Subtotal 2, 252, 960
Fire Station# 189
Land 128. 60 acres $ 982, 000 $ 126, 285, 200
Building 1, 000 sq. ft. 525 525, 000
Subtotal 126, 810, 200
Evidence Buildin
Land 0. 31 acres $ 982, 000 $ 304„ 420
Building 5, 254 sq. ft. 525 2, 758, 350
Subtotal 3, 062, 770
Pistol Range
Land 9. 76 acres $ 982, 000 $ 9, 584, 320
Building 5, 510 sq. ft. 300 1, 653, 000
Subtotal 11, 237, 320
Traffic Bureau'
Land 1. 23 acres $ 982, 000 $ 1, 207, 860
Building 3, 015 sq. ft. 525 1, 682, 875
Subtotal 2, 790, 735
Total', Value- Existing Facilities 199, 594, 285
Assumes half of facility is used for public safety uses. Total acreage is 2.45 acres. Total building size is 6,030 square feet.
Sources: City of Porwna; Table 2. 3,\ Mlldan Financial Services.
Cost Allocation
Table 4.3 shows the calculation of the existing facilities standard per capita for public safety facilities. This cost is calculated by dividing the total existing value of all publicsafety facilities by the existing service population. The cost per capita is multiplied by the workerweightingfactor of
0. 31 to determine the cost per worker.
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City of Pomona DevelopmentImpactFeeUpdateStudy
TabSafety
Value nfExisting Facilities 199. 594285
Existing Service Population
Cost per Capita 1. 217
Facility Standard per Resident 1:1.217
Facility Standard per Worker' 377
Based on a weighing factor of 0. 31.
Sources: Tables 4. 1and 4. u.
Fee Revenue Projection
The City plans to use public safety facilities fee revenue to construct improvements and acquire capital facilities and equipment to add to the system of public safety facilities to serve mem development. Table 4. 4 details o projection of fee revenme, based on the service population growth increment identified in Table 4.1. The City should program public safety facilities fee revenue to capacity expanding projects annually through its CIP and budget process.
Table 4. 4Revenue P Existing Standard
Cost per Capita 1, 217
GnxvAhinService Population ( 202O- 204V) 47, 270
Fee Revenue 57. 527, 500
Gmu, oen Tables 4. 1 and 4. 3.
ScheduleFee ` o n uoe
Table 4.5 mhovvnthe maximum justified public safety facilities fee schedule. The City can adopt any fee up to this amount. The cost per capita is converted to a fee per unit of new development based on dwelling unit and employment densities ( persons per dwelling unit oremployees per
1.000 square feet of nonresidential building space). The total fee includes a two percent ( 2.0Y4) administrative charge to fund costs that include: a standard overhead charge applied to City programs for | eQa|, accounting, and other departmental and administrative mupport, and fee program administrative costs including revenue uo||autium, revenue and cost accounting and mandated public reporting.
In Willclan's experience with impact fee programs, two percent of the base fee adequately covers the cost of fee program administration. The administrative charge should be reviewed and acVoetod during comprehensive impact fee updates to ensure that revenue generated from the charge sufficiently oovmro, but does not exceed, the administrative costs associated with the fee program.
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Table 4. 5: Public Safety Facilities Fee - Maximum Justified Fee Schedule A B C= AxB D Cx 0, 02 E= C+ D F= El 1, 000
Cost Per Admin Fee per
Land Use Capita Density Base
Feel
Charge',
2 Totall
Feel
Sq. Ft.
Residential- per DmllinLq Unit
Less than 500 Square Feet $ 1, 217 211 $ 2, 568 $ 51 $ 2, 619 500— 1, 499 Square Feet 1, 217 3. 17 3, 858 77 3, 935
1, 500 + Square Feet 1, 217 3. 77 4, 588 92 4, 680
Nonresidential- per 1, 000 Sri. Ft. or Hotel Room
Commercial 377 2. 34 $ 882 $ 18 $ 900 $ 0. 90 Office 377 2. 97 1, 120 22 1, 142 1, 14
Industrial
Warehousing 377 0, 34 $ 130 $ 3 $ 133 $ 0. 13 Manufacturing 377 1. 59 600 12 612 0. 61
Institutional 377 0. 63 238 5 243 0. 24
Hotel Room 377 0. 58 220 4 224 0. 22
Fee per dwelling unit, per 1,000 square feet of nonresidential or per hotel room. 2Administrativecharge of 2.0 percentfor( 1) legal,accounting,and other administrativesupport and( 2) impactfee program administrative costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analyses.
sources: Tables 2. 2 and 4. 4.
Mitigation Fee Act Findings
The five statutory findings required for adoption of the public safety facilities fees documented in this chapter are presented below. All statutory references are to the Mitigation Fee Act.
Purpose of Fee
Identify the purpose of the fee (§ 66001( a)( 1) of the Act).
Public safety facilities impact fees are designed to ensure that new development will not burden the existing service population with the cost of public safety facilities required to accommodate growth. The purpose of the fees documented by this report is to provide a funding source from new development for capital improvements to serve that development. The fees advance a legitimate City interest by enabling the City to provide public safety facilities to new development.
Use of Fee Revenues
Identify the use to which the fees will be put. If the use is financing facilities, the facilities shall be identified. That identification may, but need not, be made by reference to a capital improvement plan as specified in § 65403 or§ 66002, may be made in applicable general or specific plan requirements, or may be made in other public documents that identify the facilities for which the fees are charged(§ 66001( a)( 2) of the Act).
Fees documented in this chapter, if enacted by the City, would be used to fund expanded public safety facilities to serve new development. In this context public safety refers to police and fire protection facilities, including but not limited to land, buildings vehicles, apparatus, and equipment. Facilities funded by these fees are designated to be located within the City's existing boundaries.
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City of Pomona DevelopmentImpactFeeUpdateStudy
Benefit R.Oationship
Determine the reasonable relationship between the fees' use and the type of development project on which the fees are imposed (§ 66001( a)( 3) of the Act).
The City will restrict fee revenue to the acquisition of land, construction of facilities, buildings and infrastructure, and purchase of related equipment, apparatus, vehicles, and services used to serve new development. Public safety facilities funded by the fees are expected to provide a citywide network of facilities accessible to the additional residents and workers associated with new development. Under the Act, fees are not intended to fund planned facilities needed to correct existing deficiencies. Thus, a reasonable relationship can be shown between the use of fee revenue and the new development residential and nonresidential use classifications that will pay the fees.
Ur en Relationship
Determine the reasonable relationship between the need for the public facilities and the types of development on which the fees are imposed(§ 66001( a)( 4) of the Act).
Facilities need is based on a facility standard that represents the demand generated by new development for those facilities. For public safety facilities service population standards are calculated based upon the number of residents associated with residential development and the number of workers associated with non- residential development. To calculate a single, per capita standard, one worker is weighted less than one resident based on an analysis of the relative use demand between residential and nonresidential development.
Public safety facilities fees are calculated at the existing standard. Under this method new development will fund the expansion of facilities at the same standard currently serving existing development on a cost per capita basis.
Proportionality
Determine how there is a reasonable relationship between the fees amount and the cost of the facilities or portion of the facilities attributable to the development on which the fee is imposed(§ 66001( b) of the Act).
The reasonable relationship between each facilities fee for a specific new development project and the cost of the facilities attributable to that project is based on the estimated new development growth the project will accommodate. Fees for a specific project are based on the project' s size. Larger new development projects can result in a higher service population resulting in higher fee revenue than smaller projects in the same land use classification. Thus, the fees ensure a reasonable relationship between a specific new development project and the cost of the facilities attributable to that project.
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27 W " I 11ts
5. Park and Recre ation Facilities
The purpose of the parkland and park facilities impact fee is to fund the park facilities needed to serve new development. The maximum justified impact fee is presented based on the existing standard of park and recreation facilities per capita.
Service Population
Park and recreation facilities in Pomona primarily serve residents. Therefore, demand for services and associated facilities is based on the City' s residential population. Table 5.1 shows the existing and future projected service population for park and recreation facilities.
Table 5. 1: Park and Recreation
Facilities Service Population
Residents
Existing ( 2020) 150, 830
Growth ( 2020 to 2040) 39, 570
Total ( 2040) 190, 400
Source: Table 2. 1.
Existing Park and Recreation Facilities Inventory
The City of Pomona maintains several park and recreation facilities throughout the city. Table 5.2 summarizes the City' s existing parkland inventory in 2020. All facilities are located within the City limits. In total, the inventory includes a total of 188.48 acres of improved parkland. 28 1LILIDAN
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Table 5.2: Parkland lnvento y
Developed
Na me Address Acres
Centennial Park 242 S. Gibbs St. 0. 38
Cesar Chavez Park 2720 Barjud Ave. 1. 07
Civic Center Plaza 235 W. 7th St. 0. 89
Country Crossings Park ( Lower Area) 10 Santa Clare Dr. 6. 16 Country Crossings Park ( Upper Area) 2 Pala Mesa Dr. 1. 21 Esperanza y Alegria Park 0. 16
Ganesha Park 1575 N. White Ave. 56. 30
Garfield Park 801 E. Holt Ave. 2. 56
Hamilton Park 317 N. Hamilton Blvd. 1. 05
Jaycee Park 2000 N. San Antonio Ave. 5. 30
Kellogg Park 690 Medina St. 2. 53
John F. Kennedy Park 1150 Fairplex Dr. 7. 82
Kiwanis Park 954 Weber St. 4. 58
Lincoln Park 400 E. Lincoln Ave. 3. 03
Memorial Park 655 W. 3rd St. 1. 51
Martin Luther King, Jr. Park 800 W. Lexingon Ave. 5. 22 Montvue Park 1555 Cordova St. 3. 25
Palomares Park 499 E. Arrow Hwy, 16. 70
Phil & Nell Soto Park 1225 N Park Ave. 1. 99
Philadelphia Park 700 E. Philadelphia St. 5, 26
Phillips Ranch Park 18 B Village Loop Rd. 5. 01
Powers Park 600 W. Olive SL 033
Ralph Welch Park 1000 Buena Vista St. 8. 22
Ted Greene Park 2105 N. Orange Grove Ave. 5. 71
Tony Cerda Park 450 W. Grand Ave. 4, 58
Washington Park 865 E. Grand Ave. 21, 93
Westmont Park 1808 W. 9th St. 6, 52
Willie White Park 3065 Battrarn St. 4. 43
Soroptimist Redwood Grove 1000 W. McKinley Ave. 4. 22 Garfield Neighborhood Center 563 N. Mountain View Ave. 0. 15 Total 188. 48
Source: City of Pomona.
Parkland and Park Facilities Unit Costs
Table 5.3 displays the unit costs necessary to develop parkland in Pomona. The land cost assumption was based on an analysis of recent land sales within the City of Pomona and is consistent with other chapters in the report. An estimate of $ 1,405, 000 per acre for standard parkland improvements is based on the City' s recent experience improving Phil & Nell Soto Park.
Note that this estimate of improvement costs is conservative, as this park is a passive park. Parks with a greater level of amenities will cost more per acre than Phil & Nell Soto Park. In total, it costs approximately$ 2.4 million to acquire and improve an acre of parkland in Pomona. 29 ILLDAN
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Table 5. 3: Park Facilities Unit Costs
Cost Share of
Per Acre Total Costs
Standard Park Impro\ ements' 1, 405, 000 59%
Land Acquisition 982, 000 41%
Total Cost per Acre 2, 387, 000 100%
Irrprovernent cost per acre based on the cost of Phil& Nell Soto Park.
Sources: City of PornDna; Table 2. 3, Willdan Financial Services.
Park Facility Standards
Park facility standards establish a reasonable relationship between new development and the need for expanded park facilities. Information regarding the City' s existing inventory of existing parks facilities was obtained from City staff.
The most common measure in calculating new development' s demand for parks is the ratio of park acres per resident. In general, facility standards may be based on a jurisdiction' s existing inventory of park facilities, or an adopted policy standard contained in a master facility plan or general plan. Facility standards may also be based on a land dedication standard established by the QuimbyAct.1
Quimby Act Standard
The Quimby Act specifies that the dedication requirement must be a minimum of 3.0 acres and a maximum of 5. 0 acres per 1, 000 residents, A jurisdiction can require residential developers to dedicate above the three- acre minimum if the jurisdiction' s existing park standard at the time it adopted its Quimby Act ordinance justifies the higher level ( up to five acres per 1,000 residents).
The standard used must also conform to the jurisdiction' s adopted general or specific plan standards.
The Quimby Act only applies to land subdivisions, The Quimby Act would not apply to residential development on future approved projects on single parcels, such as apartment complexes and other multifamily development.
The Quimby Act allows payment of a fee in lieu of land dedication. The fee is calculated to fund acquisition of the same amount of land that would have been dedicated.
The Quimby Act allows use of in-lieu fee revenue for any park or recreation facility purpose.
Allowable uses of this revenue include land acquisition, park improvements including recreation facilities, and rehabilitation of existing park and recreation facilities. The Quimby Act generally requires that fees be used for neighborhood and community park acreage to serve the subdivision, except in limited circumstances.
City of Pomona Park Facilities Standards
Table 5.4 shows the existing standard for improved park acreage per 1,000 residents based on the type of parkland. In total the City has an existing parkland standard of 1.25 acres per 1,000 residents. The fee analysis in this report will be based on maintaining a 1. 25 acre per 1,000 service population standard as new development adds demand for parks in Pomona. Fees for subdivisions are calculated at the minimum Quimby standard of 3,0 acres per 1,000 residents.
Califomia Government Code§ 66477.
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Table 5A: Parkland Standards
Developed Park Acreage 188. 48
Service Population ( 2020) 150, 830
Existing Standard ( Acres per 1, 000 Residents) 1. 25 Quimby Act Standard ( Acres per 1, 000 Residents) 3, 00 Sources: Tables 1 and 2.
Facilities Needed to AccomImodate New Development
Table 5.5 shows the park facilities needed to accommodate new development at the existing standard. To achieve the standard by the planning horizon, depending on the amount of development subject to the Quimby Act, new development must fund the purchase and improvement of between 49.46 and 118.71 parkland acres, at a total cost ranging between 118. 1 and$ 186. 1 million.
The facility standards and resulting fees under the Quimby Act are higher because development will be charged to provide 3. 0 acres of parkland per 1, 000 residents, and 1. 25 acres of improvements, whereas development not subject to the Quimby Act will be charged to provide only 1.25 acres of parkland per 1,000 residents, and 1.25 acres of improvements. Since the exact amount of development that will be subject to the Quimby fees is unknown at this time, Table 5. 5 presents the range of total facility costs that may be incurred depending on the amount of development subject to the Quimby Act.
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Table 5.5: Park Facilities to Accommodate New Development Calculation Parkland Improvements Total Ran e
PadcLa_nd(.QyLm_byActl_ ImMitigation FeeAct)2provements L_ — Facility Standard( acresY1, 000 capita) A 3. 00 1. 25 Service Population Growth( 2020 to 2040) B 39. 570 — 39570 Facility Needs ( acres) C= A x B11000 118. 71 49. 46 Average Unit Cost( per acre) D 982 000 S1. 4Q5. 000
Total Cost of Facilities E= CxD $ 116, 573, 000 $ 69, 491, 000 $ 186, 064, 000 Parkland and Irrigrovements- MiticLationFee Act 3
Facility Standard( acres/ 1, 000 capita) A 1. 25 1. 25 Service Population Grovith( 2020 to 2040) B 39. 570 ------- 3_9 570 Facility Needs ( acres) C= A x 6/ 1000 49. 46 49. 46 Average Unit Cost( per acre) D 982, 000 $ 1, 405, 000 Total Cost of Facilities E= CxD $ 48, 570, 000 $ 69, 491, 000 $ 118, 061, 000 Nate: Totafs have been rounded to the thousands
Values in this column show the range of the cost of parldand acqwsition and development should all development be either subject to the Quimby Act, or to the Wigation Fee Act, respectively.
2 Cost of parkland to serve new development show n 9 all development is subject to the Quirriby Act( Subdivisions of 50 units or more). parkland charged at 3.0 acres per 1,000 residents; improvements charged at the existing standard.
Cost of parkland to serve new development show n if all development is subject to the k6tigation Fee Act. parkland and improvements are charged at the existing standard.
Sources: Tables 5. 1, 5. 3 and 5. 4.
Parks and Recreation Facilifies, Cost per Capita
Table 5.6 shows the cost per capita of providing new park facilities at the Quimby standard, and the existing facility standard. The cost per capita is shown separately for land and improvements.
The costs per capita in this table will serve as the basis of three fees:
A Quimby Act Fee in- lieu of land dedication. This fee is payable by residential development occurring in subdivisions.
A Mitigation Fee Act Fee for land acquisition. This fee is payable by residential development not occurring in subdivisions.
A Mitigation Fee Act Fee for parkland improvements. This fee is payable by all residential development.
A development project pays either the Quimby Act Fee in-lieu of land dedication, or the Mitigation Fee Act Fee for land acquisition, not both. All development projects pay the Mitigation Fee Act Fee for park improvements.
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Table 5. 6: Park Facilities Investment Per Capita
Land Improvements
Calculation Quimby Fee OR Impact Fee AND Impact Fee
Parkland Investment( per acre) A 982, 000 $ 982, 000 1, 405, 000 Existing Standard ( acres per 1, 000 capita) B 3. 00 1. 25 1. 25 Total Cost Per 1, 000 capita C= AxB $ 2, 946, 000 $ 1, 227, 500 1, 756, 300 Cost Per Resident D= C/ 1,000 $ 2, 946 $ 1, 228 1, 756 I
Sources: Tables 5. 3 and 5. 4.
Use of Fee Revenue
The City plans to use park and recreation facilities fee revenue to purchase parkland and construct improvements to add to the system of park facilities that serves new development. The City may only use impact fee revenue to provide facilities and intensify usage of existing facilities needed to serve new development, The City should program public safety facilities fee revenue to capacity expanding projects annually through its ClP and budget process.
Fee Schedule
To calculate fees by land use type, the investment in park facilities is determined on a per resident basis for both land acquisition and improvement. This investment factor ( shown in Table
5.7) is the investment per capita based on the unit cost estimates and facility standards.
Table 5.7 shows the maximum justified park and recreation facilities fee based on the policy standard of 3.0 acres per capita under the Quimby Act and under the existing park standard under the Mitigation Fee Act, respectively. The investment per capita is converted to a fee per dwelling unit using the occupancy density factors from Table 2.2. The total fee includes an administrative charge to fund costs that include: ( 1) legal, accounting, and other administrative support and ( 2) impact fee program administrative costs including revenue collection, revenue, and cost accounting, mandated public reporting, and fee justification analyses.
In Willdan' s experience with impact fee programs, two percent of the base fee adequately covers the cost of fee program administration. The administrative charge should be reviewed and adjusted during comprehensive impact fee updates to ensure that revenue generated from the charge sufficiently covers, but does not exceed, the administrative costs associated with the fee program.
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Table 5. 7: Park Facilities Impact Fee Schedule
A 8 C= AxB D= C x 0. 02 E= C+ D
Cost Per Admin
Land Use Capita, Density Base Fee Costs
1 Total Fee
Park Facilities Impact Fee Schedule - Quimby Act
Less than 500 Sguare Feet
Land Acquisition 2, 946 2. 11 $ 6, 216 $ 124 $ 6, 340 Improvements 1, 756 2. 11 3, 705 74 3, 779
Total 4, 702 9, 921 $ 198 $ 10, 119
500- 1, 499 Square Feet
Land Acquisition 2, 946 3. 17 $ 9, 339 $ 187 $ 9, 526 Improvements 1, 756 3. 17 5, 567 I' ll 5, 678
Total 4, 702 14, 906 $ 298 $ 15, 204
1, 500+ Sguare Feet
Land Acquisition 2, 946 177 $ 11, 106 $ 222 $ 11, 328 Improvements 1, 756 3. 77 6, 620 132 6, 752
Total 4, 702 17, 726 $ 354 $ 18, 080
Park Facilities Impact Fee Schedule - Mitigation Fee Act Less than 500 Square Feet
Land Acquisition 1, 228 2. 11 $ 2, 591 $ 52 $ 2, 643 Improvements 1, 756 2. 11 3, 705 74 3, 779
Total 2, 984 6, 296 $ 126 $ 6, 422
500- 1, 499 Square Feet
Land Acquisition 1, 228 3. 17 $ 3, 893 $ 78 $ 3, 971 Improvements 1, 756 3. 17 5, 567 I' ll 5, 678
Total 2, 984 9, 460 $ 189 $ 9, 649
1, 500 + Square Feet
Land Acquisition 1, 228 3. 77 $ 4, 630 $ 93 $ 4, 723 Improvements 1, 756 3. 77 6, 620 132 6, 752
Total 2, 984 11, 250 $ 225 $ 11, 475
Adrninistrative costs of 2.0 percent for( 1) legal, accounting, and other administrative support and( 2) impact fee program administrative costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analyses.
Sources: Tables 2. 2 and 5. 6, Willclan Financial Services, Mitigation Fee Act Findings
The five statutory findings required for adoption of the parks and recreation facilities fees documented in this chapter are presented below. All statutory references are to the Mitigation Fee Act,
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Purpose of Fee
M
Identify the purpose of the fee (§ 66001( a)( 1) of the Act).
Parks and recreation facilities impact fees are designed to ensure that new development will not burden the existing service population with the cost of parks and recreation facilities required to accommodate growth. The purpose of the fees documented by this report is to provide a funding source from new development for capital improvements to serve that development. The fees advance a legitimate City interest by enabling the City to provide parks and recreation facilities to new development.
Use of Fee Revenues
Identify the use to which the fees will be put. If the use is financing facilities, the facilities shall be identified. That identification may, but need not, be made by reference to a capital improvement plan as specified in § 65403 or§ 66002, may be made in applicable general or specific plan requirements, or may be made in other public documents that identify the facilities for which the fees are charged(§ 66001( a)( 2) of the Act).
Fees documented in this chapter, if enacted by the City, would be used to fund expanded parks and recreation facilities to serve new development. This includes, but is not limited to park land acquisition, park improvements, park amenities and other recreation facilities. Facilities funded by these fees are designated to be located within the City' s existing boundaries.
Benefit Relationship
Determine the reasonable relationship between the fees' use and the type of development project on which the fees are imposed(§ 66001( a)( 3) of the Act).
The City will restrict fee revenue to the acquisition of land, construction of facilities, buildings and park amenities, and purchase of related equipment, apparatus, vehicles, and services used to serve new development. Park and recreation facilities funded by the fees are expected to provide a citywide network of facilities accessible to the additional residents associated with new development. Under the Act, fees are not intended to fund planned facilities needed to correct existing deficiencies. Thus, a reasonable relationship can be shown between the use of fee revenue and the new development residential and nonresidential use classifications that will pay the fees.
Burden Relationship
Determine the reasonable relationship between the need for the public facilities and the types of development on which the fees are imposed(§ 66001( a)( 4) of the Act).
Facilities need is based on a facility standard that represents the demand generated by new development for those facilities. For parks and recreation facilities service population standards are calculated based upon the number of residents associated with residential development.
Parks and recreation facilities fees are calculated at the existing standard, in terms of existing park acres per 1, 000 residents. Under this method new development will fund the expansion of facilities at the same standard currently serving existing development on a cost per resident basis.
Proportionality
Determine how there is a reasonable relationship between the fees amount and the cost of the facilities or portion of the facilities attributable to the development on which the fee is imposed(§ 66001( b) of the Act).
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The reasonable relationship between each facilities fee for a specific new development project and the cost of the facilities attributable to that project is based on the estimated new development growth the project will accommodate. Fees for a specific project are based on the project' s size. Larger new development projects can result in a higher residential population resulting in higher fee revenue than smaller projects in the same land use classification. Thus, the fees ensure a reasonable relationship between a specific new development project and the cost of the facilities attributable to that project,
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6. Storm Drain Facilities
This chapter summarizes an analysis of the need for storm drain facilities to accommodate growth within the City of Pomona. This projects and associated costs in this chapter were identified it the City' s most recent Capital Improvement Plan ( CIP). This chapter documents a reasonable relationship between new development and a storryi drain fee to fund storm drain facilities that serve new development.
Storm Drain Demand
Most new development generates storm water runoff that must be controlled through storm drain facilities by increasing the amount of land that is impervious to precipitation. Table 6.1 shows the calculation of equivalent dwelling unit ( EDU) demand factors based on impervious surface coefficient by land use category. The impervious surface coefficients are based on from California Environmental Protection Agency data. EDU factors relate demand for storm drain facilities in terms of the demand created by a single- family dwelling unit. Note that no distinction is made between warehousing and manufacturing industrial land uses. It is assumed that warehousing and manufacturing land uses generate similar amounts of impervious surface.
Table 6. 1: Storm Drain Facilities Equivalent Dwelling Units A B C=( 43, 5601A) x B D= C/ s,, IeFanily
DU, 1, 000
Sq. Ft. or Average Impervious
Hotel Percent Square feet per Equivalent
Rooms per Impervious DU, 1, 000 Sq. Ft. Dwelling Unit acre' per Acre or Hotel Room EDU) 2
Residential- per D" effina Unit 3
Single Family 20. 00 70% 1, 525 1. 00
Multifamily 40. 00 81% 882 0. 58
Nonresidential- per 1.000, Sq. Ft. or Hotel Room
Commercial 13. 07 86% 2, 867 1. 88
Office 10. 89 85% 3, 400 2. 23
Industrial 8. 71 81% 4, 050 2. 66
Institutional 10. 89 44% 1, 760 1. 15
Hotel Room 30. 00 86% 1, 249 0. 82
1 Dwelling units for residential and thousand building square feet for non- residential. Nonresidential densities are based on floor- area- ratios of 0. 3 for commercial, 0. 25 far office and institutional, and 0. 20 for industrial.
EDL)s per dwelling unitfor residentialdevelopmentand per thousand square feet for nonresidential 3In-pervious surface factors for single family and multifamilyunits are used to estimateexisting andfuture storm drain EDL)s in Table6. 2 because estimates of existing and future development were not available by dwelling unit square footage.
Sources: User' s Guide for the California Impervious Surface Coefficients, Office of Environmental Health Hazard Assessment California Environmental Protection Aqenc y; Wilidan Financial Services.
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EDU Generation by New Development
Table 6. 2 shows the estimated EDU generation from new development through 2040. New development will generate approximately 39,674 new EDUs, representing 30. 5 percent of total storm drain demand in 2040.
Table 6.2: Storm Drain Facilities Equivalent Dwelling Units 2020 Growth 2020 to 2040 Tota I - 2040
EDU Units/ Units I Units I
Land Use Factor 1, 000 SF EDUs 1, 000 SF EDUs 1, 000 SF EDUs Residential- per DMIling Unit
Single Family 1. 00 28, 306 28, 306 6, 280 6, 280 34, 586 34, 586 Multifamily 0. 58 13, 516 7, 839 2, 998 1, 739 16, 514 9, 578 Subtotal 41, 822 36, 145 9, 278 8, 019 51, 100 44, 164
Nonresidential- per 1,000 Sq. Ft.
Commercial 1. 88 7, 076 13, 302 4, 122 7, 750 11, 198 21, 052 Office 2. 23 5, 085 11, 338 2, 962 6, 606 8, 047 17, 944 Industrial 2. 66 11, 163 29, 694 6, 503 17, 299 17, 666 46, 993 Subtotal 23, 323 54, 334 13, 588 31, 655 36, 911 85, 989 Total 90, 479 39, 674 130, 153
69, 5% 30, 5% 100%
Sources: Tables 21 and 6. 1,
Planned Facilities
Table 6.3 identifies the planned storm drain facilities to be funded by the fee. The new storm drain facilities were all identified in the City' s 2020- 21 CIP. Since drainage projects will benefit both existing development and new development, capacity expanding projects are allocated to new development based on new development' s share of storm drain demand at the planning horizon. Projects that do not expand capacity are not allocated to the impact fee.
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Table 6. 3: Storm Drain Capital Improvements
Allocation to Cost Allocated
Total Project New to New
Project Name Cost Development Development
Ailey Drainage Improvements- Acacia Street 517, 327 30, 5% $ 157, 785 Catch Basin- Mission Boulevard( at Phillips Drive) 202, 540 30. 5% 61, 775 City Facilities Drainage Upgrade 50, 000 30. 5% 15, 250 Storm Drain- East End Avenue( Mission Blvd to San Antonio Wash) 1, 500, 000 30. 6% 457, 500 Storm Drain Facility and Pavement Reconstruction- Lincoln Ave& Como Dr 125, 000 0. 0% Storm Drain Facility- Mission Boulevard and Reservoir Street 150, 000 30. 5% 45, 750 Storm Drain Facility - Paige Drive( NIO Sunset Dr) 175, 000 30. 5% 53, 375 Storm Drain Facility Reconstruction- 515 E. McKinley Avenue 125, 000 0. 0% Storm Drain Facility Reconstruction- Palomares Street and First Street 170, 000 0. 0% Storm Drain Facility Upgrade- 1234 W. Eighth Street 175, 000 30. 5% 53, 375 Storm Drain Improvements- 1257 Colfax Court 100, 000 30. 5% 30, 500 Storm Drain Improvements- Densmore Street and Alvarado Street 115, 000 30. 5% 35, 075 Storm Drain Improvements- Holt Avenue and Fairplex Drive( NIW Comer) 1, 400, 000 30. 5% 427, 000 Storm Drain Improvements- Pavilion Drive and Breon Street 150, 000 30. 5% 45, 750 Storm Drain Inlet Full Capture Trash Devices 30, 5%
Storm Drains- Regional Basins 3, 140, 000 30. 5% 957, 700 Storm Drain Study and Improv- Jefferson/ Eleanor& McKinley/ Palomares 1, 500, 000 30r5% 457, 500 Storm Water Lift Stations Rehabilitation 0. 0%
Total 9, 594, 867 2, 798, 334
Sources: City of Pomona2020-21 Adopted Budget, CP, Table 6.2, ViAlidanFinancial Services.
Gost per Equivalent Dwelling Unit
This chapter uses the planned facilities approach to calculate the storm drain facilities cost standard. The cost of planned facilities allocated to new developmentis divided by the growth in EDUs to determine a cost standard per EDU. Table 6.4 shows the facility cost standard for storm drain facilities.
Table 6.4-. Cost per Equivalent Dwelling Unit
Project Costs Allocated to New De\ elopment $ 2, 798, 334 Growth in EDUs 39, 674
Cost per EDU 71
Sources: Tables 6. 2 and 6. 3.
Fee Schedule
The maximum justified fee for storm drain facilities is shown in Table 6.5. The City can adopt any fee up to this amount. The cost per EDU from Table 6.4 is converted to a fee per unit of new development based on the EDU factors shown in Table 6. 9. The total fee includes a two percent
2. 0%) administrative charge to fund costs that include: a standard overhead charge applied to all City programs for legal, accounting, and other departmental and administrative support, and fee program administrative costs including revenue collection, revenue and cost accounting and mandated public reporting.
In Wilidan' s experience with impact fee programs, two percent of the base fee adequately covers the cost of fee program administration. The administrative charge should be reviewed and ILLDAN
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adjusted during comprehensive impact fee updates to ensure that revenue generated from the charge sufficiently covers, but does not exceed, the administrative costs associated with the fee program.
Table 6. 5: Storm Drain Facilities Impact Fee Schedule
A B C= AxB D= CxO. 02 E= C+ D F= E11, 000
Cost Per Base Admin Total Fee per
EDU EDU
Feel
Fee -'
Feel
Sq. Ft.
Residential- per Qvvelling Unit
Single Family 71 1. 00 $ 71 $ 1 $ 72
Multifamily 71 0. 58 41 1 42
Nonresidential- per 1,000 Sg. Ft. or Hotel Room
Commercial 71 1. 88 $ 1133 $ 3 $ 136 $ 0. 14 Office 71 2. 23 168 3 161 0. 16
Industrial ( Warehousing or
71 2, 66 189 4 193 0. 19
Manufacturing)
Institutional 71 1. 15 82 2 84 0. 08
Hotel Room 71 0. 82 58 1 59 0. 06
Fee per dwelling unit, per 1,000 square feet of nonresidential building space or hotel room. 2Administrativechargeof 2.0 percentfor( 1) legal,accounting,andotheradministrativesupportand(2) impactfee program administrative costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analysis.
Sources: Tables 6. 1 and 6. 4.
Mitigation Fee Act Findings
The five statutory findings required for adoption of the storm drain facilities fees documented in this chapter are presented below. All statutory references are to the Mitigation Fee Act.
Purpose of Fee
Identify the purpose of the fee ( 66001( x)( 1) of the Act).
Storm drain facilities impact fees are designed to ensure that new development will not burden the existing service population with the cost of storm drain facilities required to accommodate growth. The purpose of the fees documented by this report is to provide a funding source from new development for capital improvements to serve that development. The fees advance a legitimate City interest by enabling the City to provide storm drain facilities to new development.
Use of Fee Revenues
Identify the use to which the fees will be put. If the use is financing facilities, the facilities shag be identified. That identification may, but need not, be made by reference to a capital improvement plan as specified in § 65403 or§ 66002, may be made in applicable general or specific plan requirements, or may be made in other public documents that identify the facilities for which the fees are charged(§ 66001( a)( 2) of the Act).
Fees documented in this chapter, if enacted by the City, would be used to fund expanded storm drain facilities to serve new development. This includes any infrastructure and facilities needed to 11 .............
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40 Cityof Pomona Development Impact Fee Update Study
collect, convey, and store stormwater runoff. Facilities funded by these fees are designated to be located within the City' s existing boundaries.
Benefit Relationship
Determine the reasonable relationship between the feesuse and the type of development project on which the fees are imposed(§ 66001( a)( 3) of the Act),, The City will restrict fee revenue to the acquisition of right of way, construction of facilities and infrastructure, and purchase of related equipment, apparatus, vehicles, and services used to serve new development. Storm drain facilities funded by the fees are expected to provide a citywide network of facilities that serves the new development. Under the Act, fees are not intended to fund planned facilities needed to correct existing deficiencies. Thus, a reasonable relationship can be shown between the use of fee revenue and the new development residential and nonresidential use classifications that will pay the fees.
BUrden Relationship
Determine the reasonable relationship between the need for the public facilities and the types of development on which the fees are imposed(§ 66001( a)( 4) of the Act).
Facilities need is based on a facility standard that represents the demand generated by new development for those facilities. For storm drain facilities costs are allocated to new development based on the amount of impervious surface generated by each land use type.
Storm drain facilities fees are calculated at the planned facilities standard, where a share of projects that benefit new development has been allocated to the impact fee. Under this method new development will fund a portion of applicable costs, and the City must fund existing development' s share of the identified improvements using a funding source other than impact fees.
Proportionality
Determine how there is a reasonable relationship between the fees amount and the cost of the facilities or portion of the facilities attributable to the development on which the fee is imposed (§ 66001( b) of the Act).
The reasonable relationship between each facilities fee for a specific new development project and the cost of the facilities attributable to that project is based on the impervious surface generated by that development project. Fees for a specific project are based on the project' s size.
Larger new development projects can generate more impervious surface, which then produces more runoff that must be managed by City facilities, resulting in higher fee revenue than smaller projects in the same land use classification. Thus, the fees ensure a reasonable relationship between a specific new development project and the cost of the facilities attributable to that project.
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7. Potable and Recycled Water
Facilities
This chapter documents a reasonable relationship between new development and a potable water and recycled water facilities capacity charges to fund facilities that serve new development.
It uses a buy-in approach to allocating the cost of excess capacity in the water and recycled water systems to new development.
Current Water System Asset Valuation
In this case, Replacement New Cost Less Depreciation ( RCNLD) is the appropriate method to determine the current value of the water systems. RCNLD is a commonly used method, and it is often preferred to alternative methods such as Original Cost Less Depreciation ( OCLD), Original Cost ( OC), and Replacement Cost ( RC) because of its better reflection of the system' s value in today dollars. Unless the systems that have depreciated significantly due to lack of replacement and repair, RCNLD is more defensible because the replacement cost is inflation- adjusted to recover the cost of replacing that capacity in current dollars. RCNLD also accounts for depreciation and consequently address the fact that the system reflects its current condition.
The City provided original cost records for the fixed assets of the utility systems as of fiscal year- end 2020 ( June 30, 2020). The City' s asset inventory also identified the current depreciation for every asset. Original costs were adjusted to replacement cost new using the Construction Cost Index( CCI). Replacement cost new is the estimated expected cost of a similar facility constructed today. The Construction Cost Index is based on an average of costs among 20 cities and is published by the Engineering News Record.
Table 7. 1 summarizes the City' s current water and recycled water system asset valuations. 11V
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Table 7. 1Current Water
Replacement
Replacement Accumulated Cost New L,ess
Original Cost Cost New Depreciation Depreciation
Potable." ter Component
Land 6, 157, 278 $ 6\ 157. 278 $ 6. 157, 278
Treatment 23. 120. 314 36, 588, 322 8, 085. 888 30. 582. 434 Reservoirs 29. 226. 257 90. 077. 084 13. 332. 381 77, 045. 624 Potable Water Lines 59. 056. 407 287. 823. 081 38. 340. 033 231. 483. 848 VVeUo 13. 511. 427 28' 599, 418 2. 839. 642 25, 959. 774 Booster Pumps 2. 442. 143 7. 001' 412 911. 030 6. 090. 381 Treatment equipment 1. 843, 361 3. 404' 085 1. 895. 566 1. 508. 518 4edmns 630840 1,044, 222617, 246426, 976
Total 130. 088. 187 $ 441. 500. 599 $ 81. 741. 767 $ 379. 864, 833 Recycled Water Com
Reclaimed Well 37. 372 $ 731. 647 $ 33. 308 $ 698, 257 Reclaimed Pumping 504. 920 1, 083. 616 130. 419 953. 098 Reclaimed Transmission 1. 319. 102 4, 438. 379 684. 879 4. 153, 700 Reclaimed Meter 14. 295 39. 623 14. 295 25. 328
ReoKa| medRemervior 698, 873 2, 173, 459402, 7521, 770, 707 Total 2. 570, 562 $ 8. 866. 024 $ 1^265. 534 $ 7, 601. 091 Grand Total 138. 658. 749 $ 450. 483. 224 $ 63. 007. 300 * 887. 455. 923 Sources: PornonaAdjusted Depreciation Schedule- June 30, 2020; ENRConstruction Cost lndex Wilidan Financial Services. mjUstd System Valuation
The City' s water enterprise has $ 80. 5 million in outstanding debt principal. This amount represents debt that ratepayers will pay back through monthly service charges on an ongoing basis, so this amount is subtracted from total asset value in calculating the total to be recovered as a buy- in component. Subtracting the outstanding debt principal from the currant asset valuation yields the total adjusted system value. This calculation is shown below imTable 7. 2.
Table 72Adjusted System
Water Asset Valuation 379, 854, 833
Outstanding Debt Pfincipal
Series BE 32. 355, 000
Series BF 48, 180, 000
Total - Phncipm| 80. 515, 000
Net Valuation 2SS. 33Q. 833
SourcesCity of PoTable 7. 1, Wildan Financial Sei
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City of Pomona DevelopmentImpactFeeUpdateStudy
Fee per Gallon per Day
Every impact fee consists of a dollar amount, representing the value of facilities, divided by a measure of demand. In this case, buy-in fees are first calculated as the adjusted system value per gallon per day ( GPD). Then these amounts are translated into fees per housing unit (fee per unit) and employmentspace (fee per 1,000 squarefeet or hotel room) by multiplying the cost per GPD by the flow generation rate for each land use category. These amounts become the fee schedule.
The calculation of the buy- in fee per GPD for potable water facilities and recycled water facilities, respectively, is shown in Table 7.3, The City provided the potable water system' s production capacity, and the recycled water system' s availability capacity, which are 17.4 million and 3.7 million gallons per day, respectively. City staff confirmed that the water and recycled water systems have sufficient capacity to accommodatenew developmentwithin the planning horizon.
The adjusted system value divided by the total capacity of each system yields the facilities impact fee per gallon per day of$ 17.22, for potable water facilities and $ 2.05 for recycled water facilities.
Table 7.3: Buy- in Fee per GPD
Potable Water Component
Total Adjusted System Value 299, 339, 833
System Production Capacity ( Gallons per Day) 17, 379, 000 Fee per GPD 17. 22
Recycled Water, Com ponent
Total System Value 7, 601, 091
System Availability Capacity ( Gallons per Day) 3, 700, 000 Fee per GPD 2. 05
Sources: City of Pomona; Table 7.2, VM[Idan Financial Services.
Fee Schedule
The maximum justified fee for potable water facilities is shown in 'Table 7.4. The fee per GPD is converted to a fee per unit of new development based on the GPD flow generation factors provided by the City and also shown in Table 7.4. To determine the average residential usage per capita, which was then used to develop the flow factors for the three types of residential dwelling units included in the fee schedule, billing for all single family residential customers were collected and averaged. The average usage for a 61-day billing cycle was determined to be 2,300 cubic feet of water ( 748 gallons per hundred cubic feet) per billing cycle. Assuming an average populationper residential household is 3.64 persons, the average gallons per capita daily usage is 77.5 gallons. 2
The total fee includes an administrative charge to fund costs that include: ( 1) a standard overhead charge applied to all City programs for legal, accounting, and other departmental and citywide administrative support, ( 2) capital planning, programming, project management costs 2TheaverageresidentspersinglefamilydwellingunitinPomonais3.64residents, ascalculated from 2019 American Community Survey data.
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44 City of Pomona DevelopmentImpactFeeUpdateStudy
associated with the share of projects funded by the facilities fee, and ( 3) fee program administrative costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analyses.
Note that for recycled water facilities, the City will calculate the impact fee on a case-by-case basis using the $ 2. 05 per GPD fee identified in Table 7. 3 using each project' s estimate of irrigation water demands required as a: part of its development application. Project' s that do not have separate irrigation needs will not be charged the recycled water facilities impact fee.
Table 7. 4: Maximum Justified Water Connection Impact Fee Schedule A B C= AxB D= CxO. 02 E= C+ D E/ 1, 000
Cost Per Base Admin Fee per
GPD GPD
Feel
Charge', 2 Total Feel SqOFt.
Potable Water Component
Residential-, per DmIling Unit3
Less than 500 Square Feet $ 1712 164 $ 2, 824 $ 56 $ 2, 880 500— 1, 499 Square Feet 17. 22 246 4, 236 85 4, 321
1, 500+ Square Feet 17. 22 292 5, 028 101 5, 129
Nonresidential- ger 1, 000 Sq, Ft. or Hotel Room
Commercial 17, 22 23 $ 396 $ 8 $ 404 $ 0. 40 Office 17. 22 100 1, 722 34 1, 756 1. 76
Industrial
Warehousing 17. 22 10 $ 172 $ 3 $ 175 $ 0. 18 Manufacturing 17. 22 50 861 17 878 0. 88
Institutional 17. 22 185 3, 186 64 3, 250 3. 25
Hotel Room 17. 22 100 1, 722 34 1, 756 1. 76
Note: GPD= Gallons per Day.
Fee per dwelling unit, per 1,000 square feet of nonresidential building space or per hotel room Administrative charge of 2.0 percent for( 1) legal, accounting, and other administrative support and( 2) irnpact fee program acIrrinistrative costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analyses.
3 Assumes 77, 5 gallons per capita per day multiplied by the occupancy density factors from Ta*- 2. 2, Sources:2x of Pomona;Tables2.2and7.3,VMlldanFinancialServices. 45 I ILLDAN
8. Sewer Facilities
This chapter documents a reasonable relationship between new development and a sewer capacitychargeto fund sewer facilities that serve new development. It uses a buy-in approachto allocating the cost of excess capacity in the system to new development.
Current Sever System Asset Valuation
In this case, Replacement New Cost Less Depreciation ( RCNLD) is the appropriate method to determine the current value of the sewer systems. RCNLD is a commonly used method, and it is often preferred to alternative methods such as Original Cost Less Depreciation ( OCLD), Original Cost ( OC), and Replacement Cost ( RC) because of its better reflection of the system' s value in today dollars. Unless the systems that have depreciated significantly due to lack of replacement and repair, RCNLD is more defensible because the replacement cost is inflation- adjusted to recover the cost of replacing that capacity in current dollars. RCNLD also accounts for depreciation and consequently address the fact that the system reflects its current condition.
The City provided original cost records for the fixed assets of the utility systems as of fiscal year- end 2020 (, tune 30, 2020). The City' s asset inventory also identified the current depreciation for every asset. Original costs were adjusted to replacement cost new using the Construction Cost Index (CCI). Replacementcost new is the estimated expectedcost of a similarfacility constructed today. The Construction Cost Index is based on an average of costs among 20 cities and Is published by the Engineering News Record.
Table 8..1 summarizes the City' s current sewer system asset valuation.
Table 8. 1: Current Sewer System , asset Valuation
Replacement Cost
Replacement Accumulated New Less
Original Cost Cost New ^ Depreciation Depreciation Seer Facilities
Land 228, 184 $ 228, 184 $ 228, 184
Transmission 49,. 556, 862 236, 628, 852 23, 168, 877 213, 457, 975 Total 49, 785, 046 $ 236, 855, 036 $ 23, 168, 877 $ 213„ 688, 155 Sources: Pomona Adjusted Depreciation Schedule-, lune 30, 2020; ELVR Construction Cost Index; Willdan Financial services.
Adjusted System Valuation
The City' s sewer enterprise has nearly $ 24 million in outstanding debt principal. This amount represents debt that ratepayers will pay back through monthly service charges on an ongoing basis, so this amount is subtracted from total asset value in calculating the total to be recovered as a buy- in component. Subtracting the outstanding debt principal from the current asset valuation yields the total adjusted system value. This calculation is shown below in Table 8. 2. c
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City of Pomona DeveloprnentImpactFeeUpdateStudy
Table 8. 2: Adjusted System Valuation Calculation
Asset Valuation 213. 68G1GQ
Outstanding. Debt,, Principal
Series BB 8\ 425000
Series BID 2, 830. 000
Series BH 12, 740, 000
Total 23, 895, 000
Net Valuation 1D8. 8Q1. 159
Sources: City of Ponnona; Tabie 8. 1, Willdan Financial Services, GallonFee xn u
Every impact fee consists of a dollar amount, representing the value of facilities, divided by a mneaowmaof demand. In this cane, buy- in fees are first calculated as the adjusted system value per gallon per day ( GPD). Then these amounts are translated into fees per housing unit ( fee per unit) and employment space ( fee per 1,O00square feet orhotel room) bymultiplying the cost per GPO bythe flow generation rate for each land use category. These amounts become the fee schedule.
The calculation of the buy- in fee per GPD for sewer facilities in shown in Table 0.3. The City provided the sewer system' s production capacity, which is 11 million gallons per day. City staff confirmed that the sewer system has sufficient capacity to accommodate new development within the planning horizon. The adjusted myahomvalue divided by the total capacity of the system yields the facilities impact fee per gallon per day of$ 17.24for sewer facilities, Table 8. 3: Fee per GPD
Total Adjusted System Value 189' GB1. 16Q
System Flow Capacity ( Gallons per Day) 1100000
Fee per GPD 17. 24
Sources: City of Pornona; Table 8.2, Wlldan Financial Services.
Scheduler
The maximum justified fee for sewer facilities is shown in Table 8. 4. The fee per GPD is converted to a fee per unit of new development based on the GPD flow generation factors provided by the City and also shown in Table 84. The total fee includes an administrative charge to fund costs that include: ( 1) e standard overhead charge applied to all Qty programs for legal, aocnunbng, and other departmental and citywide administrative support. ( 2) capital p|anning, programming, project management costs associated with the share of projects funded by the facilities fee, and ( 3) ha* program administrative ouetu including revenue ou||e<tian, revenue and cost accounting, mandated public reporting, and fee justification analyses. 47 VVILLC\ AN
Cityof Pomona DevelopmentImpactFeeUpdateStudy
Table 8. 4: Maximum Justified Sewer Connection Impact Fee A B C= Axg D= CxO. 02 EmC+ D E11, 000
Cost Per Base Admin Fee per
GPD GPD
Feel
Clear
e1, 2
Total
Feel
Sq. Ft.
Residential-permulling Unit3
Less than 500 Square Feet $ 17, 24 164 $ 2, 827 $ 57 $ 2, 884 500— 1, 499 Square Feet 17. 24 246 4, 241 85 4, 326
1, 500+ Square Feet 17. 24 292 5, 034 101 5, 135
Nonresidential-, oer 1, 000 Sq. Ft. or Hotel Room
Commercial 17. 24 23 $ 397 $ 8 $ 405 $ 0. 41 Office 17. 24 100 1, 724 3,4 1, 758 1,J6
Industrial
Warehousing 17. 24 10 $ 172 $ 3 $ 175 $ 0. 18 Manufacturing 17. 24 50 862 17 879 0. 88
Institutional 17. 24 185 3, 189 64 3, 253 3. 25
Hotel Room 17. 24 100 1, 724 34 1, 758 1. 76
Note: GPD= Gallons per Day,
1Feeper dwelling unit,per 1,000 square feet of nonresidentialbuildingspace or per hotel room 2Adrnirlistrativecharge of 2.0 percent for( 1) legal,accounting,andother administrativesupport and( 2) impactfee program adrrinistrative costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analyses.
3Assurnes77.5gallonspercapitaperdaymultipliedbytheoccupancydensityfactorsfromTable2.2.
Sources,: C! of Pomona; Tables 2. 2 and 8. 3, Willdan Financial Services.
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9. Implementation
Impact Fee Program option Process
Impact fee progrann adoption procedures are found in the California Government Code section 66016. Adoptionof an impact fee program requiresthe City Council to follow certain procedures including holding a public hearing. Data, such as an impact fee report, must be made available at least 10 days prior to the public hearing. The City's legal counsel should be consulted for any other procedural requirements as well as advice regarding adoption of an enabling ordinance and/ or a resolution. After adoption there is a mandatory 60-day waiting period before the fees go into effect.
Inflation Adjustment
The City can keep its impact fee program up to date by periodicallyadjustingthe fees for inflation.
Suchadjustmentsshouldbe completedregularlyto ensurethat newdevelopmentwill fullyfund its share of needed facilities. We recommend that the California Construction Cost Index https:// www. dgs. ca- gov/ RESD/ Resources/ Page- Content/ Real- Estate- Services- Division- Resources-List-(Folder/DGS-California-Construction-Cost-Index-CCC1) be used for adjusting fees for inflation. TheCaliforniaConstructionCostIndexis basedon datafromthe EngineeringNews Recordand is aggregatedand made availablefor free by the State of California.
The fee amounts can be adjusted based on the change in the index compared to the index in the base year of this study( 2020).
While fee updates using inflation indices are appropriate for periodic updates to ensure that fee revenues keep up with increases in the costs of public facilities, the City will also need to conduct more extensive updates of the fee documentation and calculation (such as this study) when significant new data on growth forecasts and/or facility plans become available. Note that decreases in index value will result in decreases to fee amounts.
While fee updates using inflationary indices are appropriate for periodic updates to ensure that fee revenues keep up with increases in the costs of public facilities, the City will also need to conduct more extensive updates of the fee documentation and calculation (such as this study) when significant new data on growth forecasts and/or facility plans become available.
Reporting Requirements
i
The City will comply with the annual and five-year reporting requirementsof the Mitigation flee Act. For facilities to be funded by a combination of public fees and other revenues, identification of the source and amount of these non-fee revenues is essential. Identificationof the timing of receipt of other revenues to fund the facilities is also important.
Table 9.1 summarizesthe annual and five-year reporting requirementsidentifiedin the Mitigation Fee Act.
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City of Pomona DevelopmentImpactFeeUpdateStudy
Programming Revenues and Projects with the CIP
The City maintains a Capital Improvement Program ( CIP) to plan for future infrastructure needs.
The CIP identifies costs and phasing for specific capital projects. The use of the CIP in this manner documents a reasonable relationship between new development and the use of those revenues.
The City may decide to after the scope of the planned projects or to substitute new projects if those new projects continue to represent an expansion of the City' s facilities. If the total cost of facilities varies from the total cost used as a basis for the fees, the City should consider revising the fees accordingly.
51 U1fILL© AN
rErvru.— 1s 1- 1 S
Appendix
California Government Code § 65852. 2 ( f)
1) Fees charged for the construction ion of accessory dwelling units shall be determined in accordancewith Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
2) An accessory dwelling unit shall not be considered by a localagency, special district, or water corporationto be a newresidentialusefor purposesof calculatingconnectionfees or capacity chargesfor utilities, includingwaterand sewerservice, unlessthe accessorydwellingunitwas constructed with a new single- family dwelling.
3) (A) A local agency, special district, or water corporationshall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square, feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionatelyin relationto the squarefootage of the primarydwellingunit.
B) For purposes of this paragraph, " impact fee" has the same meaning as the term " fee" is defined in subdivision ( b) of Section 66000, except that it also includes fees specified in Section 66477. " Impactfee" doesnotincludeanyconnectionfeeor capacitychargechargedby a local agency, special district, or water corporation.
4) For an accessory dwelling unit described in subparagraph ( A) of paragraph ( 1) of subdivision e), a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connectiondirectly between the accessorydwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single- family home.
5) For an accessory dwelling unit that is not described in subparagraph ( A) of paragraph ( 1) of subdivision ( e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessorydwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionateto the burden of the proposed accessorydwelling unit, based upon either its square feet or the number of its drainage fixture unit ( DFU) values, as defined in the Uniform PlumbingCode adopted and publishedby the InternationalAssociationof Plumbingand Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.
52 ILLDAN
ORDINANCE NO. 4309
AN ORDINANCE OF THECITY COUNCIL OF THE CITY OF PO O A,
CALIFORNIA, IA, E DI G AND RESTATING CHAPTER 70 OF ARTICLE III 4F THE POMONA MUNICIPAL CODE RELATING TO DEVELOPMENT IMPACT FEE ADMINISTRATION AND SECTION 62- 399( b) OF TETE
POMONA MUNICIPAL CODE RELATING TO SEWER CONNECTIONS
WHEREAS, the City Council of the City of Pomona hereby finds as follows:
A. The state of California, through the enactment of Government Code Sections 66001 through 66009 has, among other things, determined the nexus that must be established in the enactment of development fees.
B. The provision of newand expandedfacilities and infrastructure is necessary to protect and promote the health, safety and welfare of all the citizens of Pomona by reducing the adverse effects of urbanization and development.
C. It itsnecessary to enact and implement certain development fees and other fees to assure that all development within the City pays its fair share of the costs of providing necessary public facilities and infrastructure to accommodate such new development.
D. A proper funding source for the costs associated with new development is a specific development or facilities fee for each type of facility related to the specific need created by the development and reasonably related to the relative cost of providing such necessary public facilities.
E. The primary purpose of the fees is to mitigate the impact on City facilities and infrastructure causedby increased demand for facilities and infrastructure from neer j residents and persons generated by new development.
F. The fees will be used to finance public facilities and infrastructure required to accommodate the needs of new development in the City. 1 G. The use of the fees to fund such public facilities and infrastructure is reasonably related to the impacts of residential development on the City.
H. The need for development fees to fund such public facilities is reasonably related to impacts on the City of residential development and other development.
I. To assure fair and legally sound implementation of the development fees established in this Article, such fees shall be reviewed annually and shall be set by separate resolution of the City Council following notice and hearing, in accordance with California law.
J. To assure fair implementation of the development fees established in this Article, the City must have the latitude to defer or waive such fees in special cases, where better or more fair financing arrangements would result from such deferral, or where imposition of such fees would cause inequities.
K. The provisions of this Article are in addition to all other provisions of the Pomona Municipal Code and all new residential, as defined in this Article, and shall be subject to the provisions of this Article and to all other provisions of the Pomona Municipal Code.
L. The provisions of this Article are intended to provide administrative guidance for certain existing fees that pre-date this Article, as well as any new fees adopted after the effective date of this Article.
M. Certain provisions in this Article are adopted in accordance with California GovernmentCode, Section66000et. seq. andare intendedto be interpretedconsistently with that authority.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pomona as follows:
SECTIO 1. Recitals. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein.
SECTION 2. CEQA Compliance. The City Council of the City of Pomona finds the adoption of this ordinance to be statutorily exempt from the requirements of the California Environmental Quality Act ( CEQA) pursuant to CEQA Regulation 15061( b)( 3). Under Regulation 15061( b)( 3), the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the project is exempt from CEQA. This ordinance will not affect the physical environment by permitting a new use or intensifying an existing use. The ordinance establishes a policy commission. There is no potential for the changes to result in a significant effect on the environment.
SECTION 3. Chapter 70 of Article III of the City of Pomona Municipal Code is hereby amended and restated read as follows:
ARTICLE III. - DEVELOPMENT FEE ADMINISTRATION
Sec., 70- 66. Purpose and Applicability.
A. The City Council declares the purpose of this Article is to provide an administrative mechanism for the collection of fees that are collected to finance adequate infrastructure and other public improvements and facilities made necessary by the impacts created by new development in the City of Pomona in order to promote the health, safety and welfare of the, citizens of Pomona. This Article shall apply solely to development projects that propose construction of new dwelling units or additions to existing dwelling units in the City of Pomona.
B. The following are specifically exempt from the provisions of this Article:
1. Approved tentative subdivision maps or lots created by recorded maps that are otherwise vested pursuant to California Government Code, Sections 66498. 1 through 66498. 9 or other applicable vesting laws affecting development fees for the period of time authorized in Section 66498. 1 and 66498. 5. Such recorded lots and/or approved tentative subdivision maps shall pay the applicable development fees based upon the rates in effect at the time the subdivision map application was deemed complete. The Public Works Director and/ or Planning Director or their designees are hereby empowered! to determine, on a case by case basis, whether such tentative subdivision maps or recorded lots are vested for purposes of determining the applicable development fees.
2. Development projects that have previously paid a development fee in the fee category being charged.
C. These exemptions shall not apply to the payment of fees adopted and puirsuantto other laws, including California Government Code, Section 66013.
Sec. 70- 67. Definitions.
A. " Affected Territory" means the corporate boundaries of the City of Pomona as these may be amended from time to time.
B. " Development project" means any project undertaken for the purpose of development of residential land uses. " Development project" means and includes a project involving the issuance of a permit for construction or reconstruction, remodeling, or any work requiring any permit under the ordinances of the City of Pomona, as the same presently exist or may be amended from time to time hereafter. The term development project" shall also include permits for erection of manufactured housing or additional or structures, and structures moved into the City.
C. " Effective Date" means the date that the fees in this Article are eligible for collection, that date being sixty (60) days after adoption of any Resolution establishing the development fees.
D. " Fee" means a monetary exaction, other than a tax or special assessment, which is charged by the City to an applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include fees specified in Section 66477 of the California Government Code, fees for processing applications for governmental regulatory actions or approvals, or fees collected under development agreements adopted pursuant to Article 2.5 (commencing with Section 65864) of Chapter 4, Division 1, Title 7 of the California Government Code. Fee also includes any connection fees adopted pursuant to resolution of the City Council and California Government Code, Section 66013.
E. " Work/ live unit" means an area comprised of one or more rooms or floors in a building originally designed for industrial or commercial occupancy which has been or will be remodeled or altered to include:
11)
Cooking space and sanitary facilities;
2) Sleeping space; and
Working space reserved for persons residing therein
F. " Public facilities" means and includes public improvements, public services and community amenities to be funded by development fees.
G. " Secondary Residential Unit" or Accessory Dwelling Unit" means a second dwelling unit on the same lot as an existing primary residential unit, as described in Section. 5809- 26( C) of the Pomona Municipal Code.
Sec. 70- 68. Establishment of development new fees.
In addition to any existing fees previously adopted, the City Council is hereby authorized to adopt and impose on all development projects seeking the issuance of building permits and/or certificates of occupancy for development projects or development certain development and other fees to accommodate the infrastructure needs of new development.
Sec. 70- 69. Adoption of development fees by resolution.
The City Council shall, by resolution, set forth the specific amount of the development fees for the Affected Area, describe the benefit on which the fees are imposed, list the specific public improvements to be financed and describe the estimated cost of these facilities.
Sec. 70- 70. Imposition of development fees.
A. Any person who, after the effective date of a resolution establishing new or revised development fees, that, seeks to develop land within the City by applying for a building permit or applying for any discretionary land use permit for residential development within the Affected Area, is hereby required to pay the appropriate development fees established pursuant to this Article in the manner, amount and for the purposes therein referenced and as referenced in any resolution adopted by the City Council adopting such fees.
B. Notwithstanding anything to the contrary set forth in subsection A of this section or in any other provision of this Article, development fees shall not apply to any development project described in Section 70- 67( B) of this Article.
C. The fees authorized by this Article shall be cumulative such that each person seeking a permit for a development project shall be charged each applicable fee.
Sec. 70- 71. Accounting and Disbursement of Fees.
A. Each of the fees paid pursuant to this Article or any applicable law and any resolution establishing new or increased development fees shall be placed in a separate fund, each of which may be further segregated by specific project. These funds shall be known, respectively,. as;
JI
Roadway and Traffic Signal Facilities Fund
2. Public Safety Facilities Fund
3. Park and Recreation Facilities Fund
4. Storm Drain Facilities Fund
5. Potable and Recycled Water Facilities Fund
6. Sewer Facilities Fund
B. These funds, and interest earned thereon, if any, shall be expended solely for construction and/or acquisition of the corresponding public facilities shown in a study justifying the fees or a capital improvement or similar master facility plan, or for reimbursement for construction and/ or acquisition of those public facilities or as provided in the resolution establishing such fees.
Sec. 70- 72. Payment of fees.
The fees established! pursuant to authority of this Article shall be paid for the property on which a development project is proposed at the time of the issuance of any required building permit, except as otherwise provided below:
A. Fees imposed on residential development shall be collected in accordance with the provisions of California Government Code Section 66007 and 66013, as the same presently exists or may hereafter be amended from, time to time.
B. Unless otherwise stated in this Article, applicants shall pay fees at time of certificate of occupancy.
C. Live/work units, up to 1,200, square feet shall be allowed to use the second tier category of 501 - 14, 999 square feet.
D. Accessory Dwelling Units over 750 square feet shall be charged a proportional amount based on the primary structure on- site.
Sec. 7'0- 73. Development Fee Credits.
A. The owner of a parcel of property otherwise required to pay a fee under this Article may receive a credit for the corresponding development fee when that owner constructs or donates a facility, or a portion thereof, identified in a study justifying the fees or a, capital improvement or similar master facility plan, regardless of how it may be financed, that serves the, owner' s parcel or parcels. The development fee credit shall offset, on a proportionate basis without interest, the corresponding development fee to be paid pursuant to this Article. The facility must be built in compliance with all applicable laws governing the construction of public improvements, B, The amount of the development fee credit shall equal the City's most recent estimated cost of constructing and/or furnishing the facility, or the portion of the facility actually completed or purchased, by contract or utilizing City forces.
C. The owner of a parcel of property may be further entitled to a development fee credit where the City determines, on a case-by-case basis, that the construction of the facility, or a portion thereof, will be necessary to provide basic services to the entire City even though it does not directly serve the owner's project or is of greater capacity than that required' to serve the owner' s project adequately.
D. The amount of the development fee credit shall be determined after inspection and acceptance of the facility at the time of payment of the corresponding facilities fee.
E. Reserved.
F. To the extent that an owner is granteda development fee credit, such owner shall not be entitled to a future reimbursement for such facility, as applied to a different development project.
G. A development fee credit is an obligation of the City that runs with the land and inures to the benefit of each successor in interest of the original landowner until full credit has been received.
H. A developer shall also be entitled to a credit if the City and developer have executed an agreement or there is a preexisting ordinance which specifically exempts the developer from the payment of one or more of the fees enacted under this Article.
The availability of the credit and its amount shall be determined by the City on a case- by-case basis based on the provisions of the applicable agreement.
Sec. 70- 74. Reimbursement.
A. The owner of a parcel of property otherwise required to pay a development fee will be entitled to enter into a reimbursement agreement to reimburse from subsequently collected development fees the direct and verifiable costs of installingor furnishingpublicimprovements, or portionsthereof, identifiedin the study justifying the fees or a capital improvement or similar master facility plan where all of the following conditions are satisfied:
I. The owner has constructed a public improvement, or portion thereof, that is identified' in the appropriate a study justifying the fees or a capital improvement or similar master facility plan.
2. The City required that the public improvement be constructed to contain supplemental size, capacity, number or length for the benefit of property not within the owner' s project,
3. The City approved, prior to construction or furnishing, the proposed budget for the project and finds any change to that budget fair and reasonable,
4. The public improvement, or portion thereof, has been dedicated to the public.
5. The public improvement, or portion thereof, has been built in compliance with all applicable laws governing the construction of public works.
B. The City shall not reimburse the owner for costs related to financing any public facility.
C. An owner shall only be entitled to reimbursement to the extent that any public facility project benefits property not within the owner' s project. Thus, an owner may receive a development fee credit as for the portion of a public facility that serves the owner's project and reimbursement for the oversized or extra-capacity or extended portion of a public facility that benefits subsequently developed property.
D. In no event shall an owner receive a development fee credit and/ or reimbursement in excess of the City's most recent estimated cost of constructing the facility, or the portion of the facility actually completed, by contract or by utilizing City forces.
E. Any reimbursement agreement entered into under this Article shall require the City, for a period of up to fifteen years, to reimburse the owner from the proceeds of the development fees collected from owners of new projects that directly benefit from the facilities financed by the fees and which are the subject of the reimbursement agreement. Reimbursement shall only be made from fees actually collected to fund improvements which are of the same type as the improvement constructed by the owner, and from no other source. The terms of the reimbursement shall be set forth in the reimbursement agreement.
Sec. 70- 75. Deferrals & Waivers.
The City Council is empowered to grant a waiver of fees for units constructed as partofaninclusionaryhousingprojectcomplyingwiththeCity's InclusionaryHousingOrdinance. In addition, the City Council may establish a program to defer fees for rental housing projects that include 100% affordable units for low and very low income households. Such deferral shall require the execution of an agreement acceptable to the City that contains terms to guarantee the final payment of the fees deferred.
Sec. 70- 76. Refund of fees paid.
A. If a building permit expires without commencement of construction, then the fee payer shall be entitled to a refund, without interest, of the development fee paid as a condition for its issuance, except that the City shall retain one percent of the fee to offset a portion of the costs of collection and refund. The fee payer must submit an applicationfor such a refundto the DevelopmentDirectorwithin thirty calendardaysof the expiration of the permit. Failure to timely submit the required application for refund shall constitute a waiver of any right to the refund.
B. In the event any fee collected pursuant to this Article remains unexpended or uncommitted in any fund established pursuant to this Article five or more years after depositof the fee, the City shall makefindingsonce eachfiscal year to identifythe purposeto which the fee is to be put and to demonstratea reasonablerelationship between the fee and the purpose for which it was charged.
C. The unexpendedor uncommittedportionof the developmentfee, andany interest accrued thereon, for which need cannot be demonstrated pursuant to subsection B of this section shall be refunded to the then- current record owner or owners of lots or units of the development project or projects on a prorated basis, D. The provisions of California Government Code Sections 66001( d), ( e) and f) shallapplyfully to any refundof fees remainingunexpendedor uncommittedin any such City fund for five or more years after deposit, and the provisions of subsections B and C of this section shall' be subordinate to the section and shall be applied consistent therewith.
Sec. 70- 77. Application to Subsequently Annexed Land.
As areas not presently situated within the City boundaries seek to annex to the City, the City Council shall determine the benefit to such land areas of the public facilities and infrastructure funded by this Article. The City Council shall impose developmentfees, in whole or in part, as established by this Article, upon such annexed areas to the extent necessary to assure that such areas pay their fair share of the actual costs of all necessary public facilities and infrastructure benefitting their projects, unless the City Council determines that such an imposition would cause inequities or that a better or fairer financing arrangement can and should be developed.
Sec. 70- 78. Traffic signal and control devices.
A trafficsignalandcontroldevicedevelopmentprogramis herebyorderedandadopted pursuant to the following guidelines:
1) Development priorities. TheCityCouncilshallannuallyestablisha priority listofintersectionseligibleforconstructionoftrafficsignals. TheCityCouncilmay authorize, as funding and needs dictate, the construction of signal control devices at any location included on the priority list.
2) Traffic signal and control device construction fee. A traffic signal and! control device constructionfee is herebyestablishedwhich shall be collectedfrom all landdevelopersintheCitypriorto the issuanceof anybuildingor publicworkspermit bytheCityaccordingtotheresolutionsetforthbytheCityCouncilandincorporatedbyreference in this section. 3) Fee schedule basis. The basis for the fee schedule in the resolution shall be the ratio of the traffic generatedby the developmentfor which a particularpermit is requested compared to the traffic volume identified in the minimum Cal. Trans. warrant for a traffic signal in an urban area, multipliedby the averagecost of a traffic signal system. Thefeescheduleis based, morespecifically, onthefollowingfactors:
a. Generatedtraffic. Traffic generated by each developmentshall be calculated from the latest traffic generation data promulgated in the publication entitled " Trip Generation" ( current edition), an informationreportas preparedbythe Institute of Transportation Engineers. b. Minimum signal warrant The traffic volume equivalent to the minimum Cal. Trans. warrant for a traffic signal in an urban area shall be 12,800 vehicles per day from all approaches.
c. Average traffic signal cost. The average cost of a traffic signal shall be 150, 000. 00,
4) Traffic signal and control device fund. The fees required pursuant to this section shall be paid to the City and deposited into a separate traffic signal and control device, fee fund. Moneysin this fundshall be expendedsolelyfor the constructionor reimbursementfor construction of traffic signals and control devices or to reimburse the City for the cost to design and construct such facilities.
Sec. 70- 79. Road and highway improvement.
A roadand highwayimprovementprogramis herebyorderedand adoptedin orderto implement the City's capital facilities needs and to mitigate the various impacts caused by developmentprojectswithinthe City. The programshall be operatedpursuantto the following guidelines-
1) Roadandhighwayimprovementfee. A roadandhighwayimprovementfee is herebyestablishedwhichshallbecollectedfromalllanddevelopersintheCitypriorto theissuanceofbuildingorpublicworkspermits. Thefeeamountshallbeasperiodicallyset by resolution of the City Council. 2) Feeschedulebasis. ThebasisforthefeeschargedasshownintheCity Councilresolutionshallbe basedonthetrafficgeneratedbythedevelopmentfor which a particularpermitisrequested. Thefeerepresentsthefairsharecostofconstructingthe necessary public facilities outlined in the five-year capital improvement program.
The traffic generated by each development shall be calculated from the latest generation data promulgated in the publication entitled: " Trip Generation" ( current edition), an informationreport as prepared by the Institute of Transportation Engineers. 3) Road and highway improvement fund. The fees required pursuant to this sectionshallbepaidto theCityanddepositedintoa separateroadandhighway improvementfund. Moneysin this fund shallbe expendedsolelyfor the constructionor reimbursement for construction of road improvements, streetscapes and streetlights as shown in the five- year capital improvement program,
Sec. 70- 80. Parks and recreation improvement.
a) A parksand recreationimprovementprogramis herebyorderedand adopted. This sectionis enactedpursuantto the authoritygrantedby GovernmentCode 66477. The purpose of this section is to provide for the development of park and recreationfacilitiesthroughsubdivisionregulations. Eachpersonconstructinganynew dwellingunit, habitationunitor spacefor a mobilehomein the Cityshalldedicateland's or pay fees in lieu thereof or a combination of both for park and recreational purposes.
Dedication requirementsshall be conveyedto the City concurrentto recordationof the finalmaporpriorto issuanceofbuildingpermits. In-lieufeesshallbepaidtotheCity prior to issuance of building permits.
b) Landdedicationfiguresperdwellingunitand in-lieufeesperdwellingunit shall be based on a ratio of three acres of park per 1,000 persons pursuant to Government Code § 66477( b). The number of persons per dwellingunit shall reflect the most recent department of finance figures. The actual amount of land dedication or fee amount shall be as periodically set by resolution of the City Council. c)
Thefeesrequiredpursuantto thissectionshallbepaidtotheCityand deposited into a separate park improvement fund. Moneys in this fund shall be expended solely for the construction or reimbursement for construction of park improvements or to reimburse the City for the cost to design and construct such facilities, in accordance with Government Code § 66477. .
Sec. 70- 81. Public safety improvement program.
a)
Established. A publicsafetyimprovementprogramisherebyorderedand adoptedinordertoimplementtheCity's capitalfacilitiesneedsforpublicsafetyservices. The needs are shown in the five-year capital improvement program. b) Publicsafetyimprovementfee. A publicsafetyimprovementfeeishereby establishedwhichshall be collectedfrom all landdevelopersin the Citypriorto the issuanceofbuildingorpublicworkspermits. Thefeeamountshallbeasperiodicallysetby resolution of the City Council. c) Publicsafetyimprovementfund. The fees requiredpursuantto this section shallbepaidtotheCityanddepositedintoa separatepublicsafetyimprovementfund.
Moneysinthisfundshallbeexpendedsolelyfor the constructionor reimbursementfor construction of public safety improvements as shown in the five- year capital improvement program."
SECTION4. Section62-399(b) ofthePomonaMunicipalCodeisherebyamendedto read as follows:
b) Everyapplicantfora newconnectiontothesewerserviceoperatedbythe Cityof Pomona, UtilityServicesDepartment, shallpayto the utilityservicesdepartment a connectionfee for such newserviceas set by resolutionof the CityCouncil. Suchfee shall not be applicableas to any parcelwherethe applicantor theirpredecessorin interest previously paid such fee to the utility services department for such parcel." SECTION5. TheCityClerkshallattestandcertifyto thepassageandadoptionof thisOrdinance, andshallcausesameto bepostedasrequiredbylawandthisOrdinance shall take effect thirty (30) days after its final adoption.
SECTION6. If any section, subsection, sentenceclauseor phraseor word of this Ordinanceisforanyreasonheldtobeinvalidor unconstitutionalbya decisionofanycourt of competent jurisdiction or preempted by state legislation, such decision or legislationshallnotaffectthevalidityoftheremainingportionsofthisOrdinance. TheCityCouncilof the Cityof Pomonaherebydeclaresthat it wouldhavepassedthis Ordinance and each and every section, subsection, sentence clause or phrase or word not declared invalidor unconstitutionalwithout regardto anysuch decisionor preemptivelegislation.
PASSED, APPROVED AND ADOPTED this 2n'
day of August, 2021.
CITY OF POMONA:
rim: Sa;ndI
Mayor
APPROVED AS TO FO TTEST-
Sonia Carvalho Rosalia A. Butler, MMC
City Attorney City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF POMONA
I,
ROSALIAA. BUTLER, MMC, CITYCLERKoftheCityofPomonadohereby certifythattheforegoingOrdinancewasintroducedforfirstreadingata regularmeetingof the City Councilof the City of Pomonaheld canJuly 19, 2021 and was adoptedat second reading at a regular meeting of the City Council of the City of Pomona held on August 2, 2021 by the following vote:
AYES Garcia, Lustro, Preciado, Sandoval
NOES: Nolte, Ontiveros- Cole, Torres M.
ABSENT. None
ABSTAIN: None
N'
Rosalla A. Butler, MMC
City Clerk