For decades, developers looking to build homes or offices in Palo Alto and elsewhere have had to pay impact fees to ensure the city's newest residents and employees won't diminish the quality of local parks, libraries and community centers.
Now, Palo Alto is considering a sharp increase that is already giving some City Council members sticker shock. The city is working with a consulting firm on a new nexus study, which examines the city's demographics, land value and breadth of community services and which is used to provide legal justification for the new fees. The draft of the study, which the council's Finance Committee discussed earlier this month, suggests that some of the impact fees could be raised by a factor of five.
The study's methodology, according to a report from the Community Services Department, ensures that the city's facilities are "appropriately developed and sized so that future residents and employees do not cause a reduction in LOS (levels of service) by unduly burdening the infrastructure system, thus leading to decay and deterioration."
Kristen O'Kane, director of the Community Services Department, said the city had decided in November 2019 to undertake the nexus study after recognizing that a change to the fee structure is long overdue. The city last revised its impact fees for parks, community centers and libraries about 20 years ago, she said at the Dec. 15 meeting of the council's Finance Committee.
The biggest change between then and now is the value of land. The existing fee structure is based on a valuation of $5.1 million per acre. The nexus study by the San Jose-based firm DTA proposes revising it up to $5.7 million. This would place the city in a higher tier among Santa Clara County jurisdictions, behind only Los Altos ($9.58 million) and Sunnyvale ($5.8 million).
The revision would have significant ramifications on the city's fee structure. Park impact fees, for example, would go up from the current level of $12,436 for a new single-family home to $59,461. For a new multifamily housing unit, the fee would go up from $4,116 to $43,997.
Commercial developers would also see a sharp increase, with the park fees going up from the current level of $5,281 for every 1,000 square feet of new development to $14,730.
While impact fees for libraries and community centers are much lower than for parks, they could also see a substantial hike. Library fees, for example, could be raised from $1,126 for a new single-family home — or $1,676 for a single-family home of more than 3,000 square feet — to $2,739 for both categories under the new fee structure. For a unit in a multifamily complex, the fee could be raised from the current levels of $370 (for units smaller than 900 square feet) and $674 (for those larger than 900 square feet) to $2,026.
Collectively, the impact fees in the three categories are projected to bring in about $3.1 million annually, according to staff. By contrast, the city only collected $1.1 million in revenues in fiscal years 2018 and 2019, with park fees making up $935,889 of that total.
Nate Perez, managing director at DTA, underscored that the new fees represent the maximum that the city can justifiably charge. The council will have the option of setting fees below the levels recommended in the nexus study or adopting a more gradual increase.
Perez attributed the large increases proposed in the study to the lengthy period of time that has elapsed since the last revision.
"The fee itself, in absolute dollar figures, is increasing quite a bit," Perez said. "I will note it hasn't been updated in 20 years, and we know how much real estate has gone up in 20 years, so the fact that land valuation has gone up similarly shouldn't be too surprising."
While he acknowledged that the proposed fees represent a significant "jump," he called the revision "reasonable" and "very, very highly defensible given the lag."
Council members, for their part, showed little appetite for raising fees so abruptly and dramatically. Vice Mayor Tom DuBois suggested that the council consider various options for phasing in the fee increase over time. Council member Liz Kniss supported raising the fees but similarly suggested that the process for doing so should be spread out over a number of years.
"They're pretty hefty," Kniss said. "It's our doing that we didn't do it before, but it shouldn't be foisted on our residents because we didn't do this before and suddenly we're going to make it up for the 20 years that we didn't do it."
By a 2-1 vote, the committee directed staff and DTA to come up with a list of options that the full council can consider for incrementally increasing the impact fees. Council member Greg Tanaka dissented and argued against raising the fees. Doing so, he argued, could discourage builders from developing in Palo Alto and hinder the council's ability to reach its goal of building 300 new housing units per year.
"My concern is that this makes a tough environment for housing even tougher — way tougher," Tanaka said. "I'm worried about the impact it will have, especially when this is one of the goals that we're trying to achieve."
Comments
Registered user
Crescent Park
on Dec 29, 2020 at 3:03 pm
Registered user
on Dec 29, 2020 at 3:03 pm
All things considered, the implementation of such add-on fees might reduce the further overdevelopment of Palo Alto along with more people aspiring to reside here.
Registered user
Another Palo Alto neighborhood
on Dec 29, 2020 at 6:53 pm
Registered user
on Dec 29, 2020 at 6:53 pm
We should have done this years ago when affordable housing impact fees were last before city council. But Adrian Fine, Liz Kniss and the rest of their majority were dead set against raising fees to levels our nexus study then supported even if adjusted so that commericial development bore most of the burden. Had they done the right thing then, we would have had millions more dollars in our affordable housing fund. Thank goodness we now have a change in leadership to increase these fees.
And the new council can finally enact other sensible policies to get more affordable housing built such as requiring a developer to provide a percentage of affordable units when new market rate rental housing is built - something the old majority council refused to do.
Registered user
Embarcadero Oaks/Leland
on Dec 29, 2020 at 7:59 pm
Registered user
on Dec 29, 2020 at 7:59 pm
Why are the impact fees lower for commercial developers than for those developing residential properties. Seems backwards to me since the developers can charge for commercial properties.
Registered user
Old Palo Alto
on Dec 29, 2020 at 10:03 pm
Registered user
on Dec 29, 2020 at 10:03 pm
These fees are just taxes on the eventual renters and buyers. You guys really believe that developers eat these impact fees? You guys need to learn how a business actually runs.
All taxes are eventually paid by the end consumer. Additional expenses just get passed down.
And you wonder why it's so expensive to buy / rent in Palo Alto. Sheesh.
Registered user
Another Palo Alto neighborhood
on Dec 30, 2020 at 9:53 am
Registered user
on Dec 30, 2020 at 9:53 am
“These fees are just taxes on the eventual renters and buyers … and you wonder why it's so expensive to buy / rent in Palo Alto”
Correct. These impact costs need to be paid by somebody. Since it won’t be developers, and they’re too high for newcomers, they need to be ultimately covered by existing residents. @Me 2 is right: we need to pay more people to move here.
Registered user
Midtown
on Dec 30, 2020 at 10:35 am
Registered user
on Dec 30, 2020 at 10:35 am
So, begs me to ask why didn't the city add an entry fee for Foothills park when they opened it up to more use?
Registered user
Charleston Meadows
on Dec 30, 2020 at 12:09 pm
Registered user
on Dec 30, 2020 at 12:09 pm
> You guys really believe that developers eat these impact fees?
> You guys need to learn how a business actually runs.
> All taxes are eventually paid by the end consumer. Additional expenses just get passed down.
> And you wonder why it's so expensive to buy / rent in Palo Alto. Sheesh.
Do you really believe the the cost buying/renting in Palo Alto is driven by cost of construction and permits? Palo Alto real estate prices are driven by what the market is willing to pay. People are currently willing to pay more to be in Palo Alto because of its great schools, parks, libraries, and community centers.
Small increases in City fees will come out of the profit that the landlord/seller is making. If the market was willing to pay more, the landlord/seller would already be charging that additional amount. Prices in Palo Alto are set by what the market is willing to pay.
Note that if the City uses these impact fees to improve the quality of life in Palo Alto, the properties could become more attractive and thus increase the price that the market is willing to pay. This would increase the property prices, increasing the landlord/seller's revenue.
Registered user
Adobe-Meadow
on Dec 30, 2020 at 6:59 pm
Registered user
on Dec 30, 2020 at 6:59 pm
The fee is for the support of the libraries, parks, etc. Yet posters think it for the building of low cost housing. A percentage of the population translates everything into low cost housing. The city needs to work on the clarification of what the fees are used for - and cannot be charged for one topic and then moved to a different topic. You will not get people to vote for any fee that can be charged for one topic then used for another.
Registered user
College Terrace
on Dec 30, 2020 at 7:25 pm
Registered user
on Dec 30, 2020 at 7:25 pm
There is a specific fee developers pay per square foot for new development that is earmarked for Palo Alto’s below market rate housing fund. While the city is not in the construction business the fund helps fund non-profit housing. A critical part of the funding for the new below market rate development at Wilton Court and El Camino came from this source.
Palo Alto’s fee for nonprofit housing has been quite a bit lower than other cities thanks to a majority pro-development lobby on the council. If memory serves me right, five years ago the then council voted to increase the fee on a parity with other cities, but the following January the incoming council, which included Liz Kniss and Adrian Fine, quickly voted in favor of developers to rescind the increase.
Registered user
Old Palo Alto
on Dec 30, 2020 at 9:04 pm
Registered user
on Dec 30, 2020 at 9:04 pm
"Do you really believe the the cost buying/renting in Palo Alto is driven by cost of construction and permits?"
There's a direct connection on how projects pencil out. Either they don't happen (which will cheer the residentialists) or require enough density (leading to requests to raise height limits and so forth) to work out. When projects don't happen because they don't pencil out, it reduces the supply, which drives up the cost to buy and rent in Palo Alto.
These fees may seem small, but all together, these fees and regulatory requirements (e.g., the need to "deconstruct" rather than demolish) add significant cost to building here.
So, to answer your question, the answer is a yes.
"There is a specific fee developers pay per square foot for new development that is earmarked for Palo Alto’s below market rate housing fund. "
Developers pass down the cost to buyers and renters. So really, Palo Alto newcomers are funding BMRs. Not developers. How appropriate long time residents continue to live a subsidized lifestyle on the backs of people who move here more recently.
Registered user
Downtown North
on Dec 31, 2020 at 12:16 am
Registered user
on Dec 31, 2020 at 12:16 am
The overdevelopment of Palo Alto has led to overcrowded and failing roads, lack of community spaces and the city being short over 100 acres for city park space that is owed to residents based on city population as defined in the comprehensive plan.
Past pro-development city councils have dismissed residents concerns in their quest to allow greedy developers to make as much money as possible and foisted the cost of development and adding new residents onto existing city residents.
That needs to stop. The current city council needs to make up for the failings of past city councils and set development fees that will make up for past give-aways to developers and plan fee increases that will provide amenities that current residents need. The current pandemic has shown that there is not enough park and playing space to keep residents safe and that is because the city councils have not prioritized this while planning massive increases in building and new residents.
Shame on them. It is time to fix our environment - and those that are developing here need to pay, not make it worse.
Registered user
Midtown
on Dec 31, 2020 at 1:40 am
Registered user
on Dec 31, 2020 at 1:40 am
"Nate Perez, managing director at DTA, underscored that the new fees represent the maximum that the city can justifiably charge. The council will have the option of setting fees below the levels recommended in the nexus study or adopting a more gradual increase."
If the council is just going to do what they want anyway, why has the city hired an outside "consulting firm" to do this study, especially in the middle of the pandemic when so many services have been cut? Why can't one of the many people at City Hall just sit down and spend a few hours looking at the numbers to come up with suggestions for increasing the fees?
The city drew up a $60,000 contract for this in April when we were in the heart of the first lockdown.
Web Link
"On November 8, 2019, staff released the RFP for a Parks, Library, and Community Center Development Impact Fee Nexus Study. The local firm of DTA was determined to be the most qualified consultant and a Consultant Agreementin the amount of $60,000was executed on April 17,2020. DTA has inventoried City data and conducted market research, and a check-in with the Finance Committee and City Council to ensure current efforts are consistent with the City Council’s direction is important before moving to the next phase of the process."
Registered user
Downtown North
on Dec 31, 2020 at 8:57 am
Registered user
on Dec 31, 2020 at 8:57 am
Residents have to pay for all the non-residents now using Foothills Park somehow. Heck, traffic control alone must be an additional $100K a year. It's going to be a big bill!
Registered user
Adobe-Meadow
on Dec 31, 2020 at 10:14 am
Registered user
on Dec 31, 2020 at 10:14 am
What we saw during the political election process and times prior is that this city is earmarked by advocacy groups that want to use our cities' identity as a platform for what ever topic they are advocating for. You would think that we command a major portion of the peninsula with which to do this. Reality is that SU commands a large part of the area and they guard their ownership tightly. And as the sea rises the encroachment of the bay keeps coming.
Sunnyvale is the second biggest city in SCC. Does anyone ever see their name in the papers? Are people running all around Sunnyvale declaring that they want to tear down R-1 neighborhoods? NO! The residents seem to have command of their city.
It is time for the city to take control and the advocacy groups to back-off - you are killing the golden goose. Left to your devises this place will never look the same. Time to put the focus on the ground level of the areas that are yet to be developed - North San Jose, Gilroy, etc. There is a lot of space out there that is yet to be "conquered" so get a move on.
Registered user
College Terrace
on Dec 31, 2020 at 1:55 pm
Registered user
on Dec 31, 2020 at 1:55 pm
Regarding charging an entrance fee to non-residents for Foothill Park, it's not as simple as some suggest. The lawsuit the city settled included a provision that the city could charge non-residents no more than 30% above that paid by residents.
Earlier this past summer and prior to the lawsuit, the council directed staff to come back to them with a detailed plan and budget for opening up the park to non-residents. This included approving adding about half a million dollars to the Foothill Park budget for a baseline environmental study to be able to measure non-resident impacts, long delayed complete replacement of the Orchard restroom's failing sewer system, badly needed repairs to the restrooms in the Interpretive Center, and hiring another ranger.
However, my understanding is that Adrian Fine, who as then mayor had control of setting council meeting agendas, delayed this item coming back to council for approval so that the lawsuit could pre-empt it.
Registered user
College Terrace
on Dec 31, 2020 at 2:04 pm
Registered user
on Dec 31, 2020 at 2:04 pm
We can only hope that when the dust settles and novelty wears of, the additional Foothill Park visitors will be mainly a few extra residents of Los Alto Hills, and the wildlife can return. Otherwise it is going to mean Foothill becomes quite a drain on the city's budget with more cuts to city services and other budgets to fund management of Foothill Park if we want to prevent it's further deterioration.
Registered user
Another Palo Alto neighborhood
on Dec 31, 2020 at 4:17 pm
Registered user
on Dec 31, 2020 at 4:17 pm
“How appropriate long time residents continue to live a subsidized lifestyle on the backs of people who move here more recently.”
@Me 2 is too humble.
The point of the Nexus study is that the current City impact fees aren’t high enough to cover the full costs of the services, parks etc that newcomers will use. Builders ultimately pass the City’s fees on to the newcomers, so the newcomers therefore pay that portion of the cost of the services they use. But they don’t pay the full cost of those services, which the Nexus study calculates as higher than City impact fees.
Who picks up the rest of the tab for services consumed by newcomers, but not covered by impact fees? Existing residents of course, who else is there. Newcomers pay for part of the services newcomers consume, and existing residents pay, one way or another, for the remainder of the services newcomers consume.
In a bold inversion, @Me 2 reverses this and concludes that newcomers subsidize existing residents. A provocative conclusion that most mere mortals would have a hard time reaching, without relying on negative subsidies, illegal substances, antimatter, or some combination thereof.
Registered user
Adobe-Meadow
on Dec 31, 2020 at 5:19 pm
Registered user
on Dec 31, 2020 at 5:19 pm
How odd - comment about newcomers subsidizing the life style of the existing residents. Does poster read a news paper? Prices are going up in Texas, Idaho, Florida. Prices are going UP wherever the population is now headed. Prices are going DOWN in the locations that people are deserting.
It is called the law of Supply and Demand.
People have to jump in the pool where they want to live and learn how to swim. And quit complaining about your choices.
Registered user
Adobe-Meadow
on Jan 2, 2021 at 3:10 pm
Registered user
on Jan 2, 2021 at 3:10 pm
Time for the low-cost housing lobby to start reading the newspapers - Real Estate Section. There is new housing being built everywhere - it is advertised- with dollar amounts and maps. If it already exists then why are the local groups talking like there is no low cost housing and using it as a wedge issue in every topic out there?
Every agenda and political action has to be qualified for low-cost housing?
We already know that the people that work at Google and Fb are working from home - and that is in some singles section of the state that has a lot of single life style activity SF and SJ.
We need housing for teachers and local city staff workers, police and fire. Define the need and work the need.
Registered user
Adobe-Meadow
on Jan 2, 2021 at 3:48 pm
Registered user
on Jan 2, 2021 at 3:48 pm
People who have non-profits and advocacy groups are a business. They are getting funding from various resources. So despite what ever the need is they are a business.
Meanwhile new communities are being built with community centers, planned activities, and are selling a really nice life. That is what Eichler did here - planned communities with community centers - that the locals pay to support. And what do we get here? People threatening us because we have local resident supported community centers. How and why is the city and other on the peninsula turned on their heads?
Gilroy, Los Banos, and the newer housing developments do not have activity groups in the business of disrupting cities. Because they do not have well developed and funded people out there in Los Banos, Gilroy?
Time for us to address the problem here - groups that are in the business of disrupting the city and reducing the community elements that make it a nice place to live. We live here -we pay the taxes here, and want our city to be as nice as all of those new communities out there.
Registered user
Old Palo Alto
on Jan 2, 2021 at 5:49 pm
Registered user
on Jan 2, 2021 at 5:49 pm
"In a bold inversion, @Me 2 reverses this and concludes that newcomers subsidize existing residents. "
cough... Prop 13... cough....
Not so bold. It's been going on since the 70s.
Registered user
Adobe-Meadow
on Jan 4, 2021 at 10:01 am
Registered user
on Jan 4, 2021 at 10:01 am
Many Articles in the papers concerning the flow of people to URBAN locations - SF and SJ - because they are single and their careers are in flux. They like condos, and a life style of the city life. Then you have the move to SUBURBAN locations so people can buy homes and and have SPACE. Now they can see their careers and want to settle down and have a family.
Palo Alto is a SUBURBAN location. Outside groups keep hammering that we become an URBAN location for any number of reasons. However the trends now are going the opposite way as major companies are moving out of state, and or allowing their employees to do so.
Our job is to make sure that we do not get stampeded into a "regional" mess then get left with a jangled city, especially when the resources of an urban location are so close.
Registered user
Crescent Park
on Jan 4, 2021 at 3:03 pm
Registered user
on Jan 4, 2021 at 3:03 pm
Resident 1-Adobe Meadows for City Council!!!