Clarification: The new application submitted is a preliminary application.
Dear Friends and Neighbors,
Last night the City updated its Builder's Remedy FAQ with information about a new development application for the 80 Willow Road project (former Sunset Magazine site). You can find this update on the Housing Element webpage at https://menlopark.gov/housingelement. Please scroll to the bottom of the page to the red accordion tab labeled “Frequently asked questions”. Within that tab, there are a number of FAQs. The tab “Has the City received any project applications which assert to be filed under the Builder’s Remedy” contains the updated information.
The newly submitted application, which was filed by the same applicant, is intended to replace the prior two preliminary applications. Incredibly, the height and scale of the project has increased(see below). The tallest building proposed is now 421 feet tall.
Like the first two proposals, I find this submission to be outrageously out of scale from what is a reasonable. The City Council has worked hard to designate sites for housing development throughout the City during the Housing Element process, and rezoned land to enable that development. This project is completely inconsistent with what we had planned.
There remain many unknowns about Builder's Remedy projects and I don't really have any more information about what this means at this time. As an aside, the City’s Housing Element is still under review by The California Department of Housing and Community Development (HCD). The due date for the City to receive comments back from HCD is January 5th.
I know this information will be a cause of great anxiety and concern for many. I will continue to update you as I learn more.
Sincerely,
Jen
Details of 80 Willow Road (Former Sunset Magazine Site)
New Proposal:
Building 1: 300,000 sf office, 5,000 sf retail; 305 feet tall
Building 2: 238 residential units, 162 hotel rooms, 5,000 sf retail; 421 feet tall
Building 3: 505 residential units, 5,000 sf retail; 371 feet tall
Total residential: 743 units (*plans also note 805 units)(density 111 du/ac) and 780,400 sf (approximately 2.67 FAR)
Total non-residential: 300,000 sf office, 15,000 sf retail, 128,635 sf hotel (approximately 1.52 FAR)
Prior Proposal 1:
Building 1: 320 residential units, 150 hotel rooms (90,000 sf), 4,200 sf retail, 349 feet tall
Building 2: 480 residential units, 4,200 sf of retail, 280 feet tall
Building 3: 280,000 sf office/R&D, 246 feet tall
Building 4: residential amenity, 30 feet tall
Total residential: 800 units and approximately 859,700 sf (approximately 2.95 floor area ratio)
Total non-residential: 280,000 sf of office/R&D, 8,400 retail, 90,000 sf hotel (approximately 1.3 floor area ratio)
Prior Proposal 2:
Building 1: 320 residential units, 150 hotel rooms (90,000 sf), 4,200 sf retail, 349 feet tall
Building 2: 480 residential units, 4,200 sf of retail, 280 feet tall
Building 3: 350 residential units, 50,000 sf office/R&D, 197 feet tall
Building 4: residential amenity, 30 feet tall
Total residential: 1,150 residential units and approximately 1,232,100 sf (approximately 4.2 floor area ratio)
Total non-residential FAR: 50,000 sf office/R&D, 8,400 sf retail, 90,000 sf hotel (approximately .5 floor area ratio)
Jen's Original Email from July 24th
I'm writing to share some news that has recently been reported by the local press. On Wednesday, July 19th, the Daily Post ran a news story titled, "Developer wants to replace Sunset campus with four buildings, one taller than Hoover Tower." The reporting includes the following details for a proposed project at 80 Willow Road (on the Palo Alto/Creek side of the street at Middlefield):
800 to 1,150 apartments
150 hotel rooms
8,400* square feet of retail space
Between 50,000 and 280,000* square feet of office space
*Note: There were typos in the article and these are the correct numbers.
The article goes on to state that the proposed development would be spread across four buildings. One of the buildings would be over 300 feet tall, another is proposed to be 270 feet tall. For comparison, as stated in the Daily Post, Hoover Tower on the Stanford campus is 285 feet tall.
I have asked the City Manager to prepare a Frequently Asked Questions (FAQ) webpage on the City's website to outline what is known and what is not known about this proposal. As soon as it is available, I will send an update.
In the meantime, I know there are many in the community thinking, "What? How? Huh???" The details of this proposed project are indeed shocking. The applicant is submitting the project as a “Builder’s Remedy” project under the Housing Accountability Act. The Association of Bay Area Governments (ABAG), of which Menlo Park is part of, has a Builder's Remedy explainer document. You can also view a video I put together in October 2022 where I discuss the Builder's Remedy. The bottom line is that a city that has not adopted a Housing Element that is "substantially compliant" with state law, may not deny a housing project that has at least 20% of total units available for lower income households.
According to a July 18, 2023 update to the ABAG Builder's Remedy explainer document (bottom of page 2), with regards to the definition of "substantially compliant", there are open questions on how to interpret state law vis-à-vis the Builder's Remedy:
"State law does not explicitly require [California Department of Housing and Community Development] HCD approval for a housing element to be found substantially compliant with state law. State law provides that a city or county may adopt its own findings explaining why its housing element is substantially compliant with state law despite HCD’s findings. (Section 65585(f).) However, HCD has taken the position that HCD’s approval is required for a housing element to be found in substantial compliance with the state law. HCD is authorized to refer agencies to the Attorney General if it finds a housing element out of compliance with state law. (Section 65585(j).) Local agencies are encouraged to work with their legal counsel to stay informed about any judicial rulings that consider whether HCD’s approval is required for a housing element to be found substantially compliant."
That is, there is still a lot that is yet to be known, especially as things play out in the courts, as it relates to the Builder's Remedy. As a refresher on the status of Menlo Park's Housing Element, the City Council adopted it on January 31, 2023. The State Department of Housing and Community Development (HCD) acknowledged that Menlo Park's Housing Element addressed many statutory requirements; however, additional changes were requested. On June 27, 2023, the City Council conducted a meeting to review draft changes to the City's Housing Element and approved submittal to HCD. On June 30, 2023, final versions of the updated Housing Element were sent to HCD.
Please note that the Daily Post reported about a second Builder's Remedy project in the same article, at 1305 Hoover Street. That proposed project would replace a single family home with a five-story, 19-unit apartment building.
I am currently on vacation (I was "off the grid" camping on a river with no internet or cell service until last night) and I will only be checking email intermittently over the next week and half. As mentioned, I will let you know when the FAQ is published online. If you have other questions or comments about this project, or anything else you'd like to discuss, I will be back "in the office" on Monday, August 7th. Until then, please take care.
