A bunch of downtown enterprise leaders is suing the town of Menlo Park in an effort to dam a proposed redevelopment of three parking tons into no less than 345 models of inexpensive housing.
The alliance, Save Downtown Menlo Park, filed a lawsuit towards the town on Monday to cease its request for developer {qualifications} for the parking tons and to utterly cancel that course of. The lawsuit seeks to compel the town to observe the state’s Surplus Land Act, arguing the land have to be declared surplus earlier than growth proposals may be thought-about. The group can also be requesting the town pay their authorized charges.
Metropolis officers confirmed Wednesday that they’re conscious of the lawsuit however had not but been formally served.
The grievance facilities on whether or not the town has the authorized authority to redevelop parking plazas 1, 2, and three, situated off Santa Cruz Avenue at Maloney Lane, Chestnut Road, and Crane Road. Opponents of the potential undertaking argue that the redevelopment will take away greater than 500 parking areas, which they are saying will severely affect small enterprise revenues, even when the elimination is momentary.
Nonetheless, proponents and inexpensive housing advocates stress the urgency of constructing housing rapidly on all out there websites because the area grapples with a worsening housing disaster.
Save Downtown Menlo Park argues the tons have been acquired, no less than partially, via eminent area within the Fifties and that the town holds them in a “fiduciary capacity” — basically appearing as a trustee for public use, not for personal growth. The group factors out that downtown property house owners proceed to pay particular assessments to fund and preserve the parking, reinforcing their declare.
The town disputes that interpretation.
The lawsuit additionally claims the town violated California’s Surplus Land Act by deferring a proper declaration that the land was surplus earlier this 12 months — a authorized step required earlier than publicly owned land may be offered or leased — whereas nonetheless advancing the request for {qualifications} course of.
The town has not responded to that particular allegation because it continues to assessment the grievance.
Seven builders have already submitted proposals, together with Alliant Communities, Eden Housing, MidPen Housing, Path Ventures, Presidio Bay Ventures, Associated California and Alta Housing, and The Pacific Firms and West Improvement Companions. All proposals embrace plans to interchange or tackle parking and sign a willingness to collaborate with native stakeholders.
Save Menlo Park’s legal professionals haven’t responded to requests for remark. Since launching its marketing campaign earlier this 12 months, Save Downtown Menlo Park has collected greater than 3,585 petition signatures and raised over $146,000 — largely for authorized bills.
Kevin Cunningham, a downtown property proprietor and one of many group’s lead organizers, beforehand stated the town’s resolution to maneuver ahead with the proposals has deepened frustration amongst enterprise house owners already uneasy in regards to the metropolis’s financial local weather.
The group, which maintains it isn’t anti-housing, has recommended that the town take into account various websites — such because the Civic Middle, two blocks away — to keep away from disrupting downtown parking.
Housing advocates argue that each one viable websites have to be thought-about to satisfy pressing demand.
Along with opposition from undertaking critics, Menlo Park faces stress from each state officers and native advocates to extend housing manufacturing, significantly in one of many area’s costliest cities, house to tech big Meta and several other main enterprise capital companies.
Amid a extreme housing disaster, state regulators have in recent times been intently monitoring cities’ compliance with housing legal guidelines.
Failure to observe via on accepted housing plans — formally generally known as housing parts — can result in decertification, exposing cities to the “builder’s remedy,” a authorized instrument that permits builders to bypass native zoning if 20% of the proposed models are inexpensive.
Noncompliant cities additionally threat shedding entry to state and federal grants.
Menlo Park’s state-approved housing ingredient outlines plans for practically 3,000 new properties by 2031. Throughout the Bay Space, cities are collectively concentrating on the development of 442,000 models throughout the identical interval, in line with the Affiliation of Bay Space Governments.
