The Builder’s Remedy is a provision in California state law created to encourage cities to meet their housing goals by giving developers leeway to bypass local zoning regulations and other city rules if a city misses their deadline for adopting a state-required housing plan. Under Builder’s Remedy, developers are allowed to build new developments that violate height and zoning restrictions as long as the project meets specific affordable housing requirements.

Menlo Park achieved state certification of its mandated Housing Element (HE) in March of 2024, but the developer’s application was filed in 2023, before the HE had secured final approval, so the developer believes their proposal is still valid under the builder’s remedy provision.

The project will undergo a special city-level review process outlined by state law SB330, which will include hearings before the Planning Commission and City Council and environmental review under the California Environmental Quality Act (CEQA).

Under SB330, cities have limited options to prevent a builder’s remedy project from being built if the project plan was submitted before a city has an approved housing element. The city must follow the process prescribed in SB330. Menlo Park could potentially challenge a project through CEQA if they determine the following:

• Significant, unavoidable environmental impacts cannot be mitigated
• Extreme environmental hazards 
• Demonstrable threats to critical environmental resources

City, state or federal government codes might also impose constraints on the project that either supersede SB330 or are exempted / not covered by SB330. These constraints could include building safety standards, infrastructure requirements, or environmental regulations. The council and city staff will likely investigate all of these possibilities, especially with guidance from technical experts. The city council has the option to pursue legal action against the developer, challenging the project’s compliance with SB330, environmental regulations (CEQA), or other relevant building and safety codes. 

The proposed project, as it stands, would clearly have far higher density and height than current or planned future zoning by an exceedingly large margin (39, 33, and 19 stories vs 4 stories). There are numerous complicated questions and conflicting state directives that raise questions about whether this project is legitimate and viable:

• Should this project even qualify for builders’ remedy/SB330 given that it conflicts with a now-certified city Housing Element plan? 
• Does the design, size, or historic origin violate CEQA? 

Does the “savings” clause  in the builders’ remedy protect cities’ authority to apply “development standards” to these projects? For more info, see here.

No, the development’s commercial elements – offices, hotel and retail, will employ more people than the new residential units can house, resulting in net negative housing for the city of Menlo Park. The 665 residential units would likely create housing for 1,330 people, but the office, hotel, retail, school and facility spaces will create new housing needs for approximately 3,000 workers, exacerbating the current shortage of housing. The Housing Element cites the jobs/housing imbalance in Menlo Park as being one of the largest drivers of housing costs. To truly address the housing deficit, future developments must prioritize a more balanced ratio of residential units to commercial spaces.

An EIR has not been mandated for this project yet. Under the builder’s remedy SB330 provision, a full EIR is not necessarily required. However, we expect city planning staff to undertake a thorough, probing and diligent review of this project to make sure it receives the most extensive environmental review under CEQA, given the magnitude and unprecedented nature of the project. We are proactively advocating for a full EIR and encourage community members to do the same. You can find talking points here and contact information for local city leaders here.

The City deemed the application complete in November 2024, signaling that all documents and plans required to review and process the application had been received. The City is now reviewing the project for consistency with applicable development standards to begin the environmental review process pursuant to the California Environmental Quality Act. If the City requires a full environmental impact report which would include a period for public comments, the process could take between 12 and 24 months to complete.

For a more detailed timeline, contact the Menlo Park Planning office at (650) 330-6702.

Even though it has been acknowledged as an historic icon by both the city and local citizenry, the Sunset Magazine building does not currently have any historic designation.

Because the city is required to follow the review process prescribed in SB330, the most impactful message to send to city leaders right now is the need for a full and complete EIR. It is also helpful to be supportive of the council and Housing Element plans for housing in downtown Menlo Park and other sites outlined in the Housing Element. If the council and city are not successful in breaking ground on projects in the approved Housing Element in the coming years, the city stands to fall into non-compliance again, which opens the door to far more builder’s remedy projects in Menlo Park, and an even faster and less restrictive process than SB330, under state laws SB35/SB423. Currently, San Francisco is the only city under this process, and it strips away all council control and most CEQA requirements.

Menlo Forward is leading a grassroots effort to mobilize neighbors in Menlo Park, Palo Alto, and Atherton to advocate for a common sense approach to developing 80 Willow Road.

In addition, during the environmental review phase, Menlo Forward will retain technical experts to better understand the environmental impacts of the project. If necessary, we will mount a legal challenge to ensure the project complies with Menlo Park zoning regulations for density and height and mitigates environmental impacts.

We are a grassroots community organization made up of residents from Menlo Park and neighboring communities. Ongoing support from community donors is the life-blood to our mission.

We envision responsible development that enriches, rather than overwhelms, our community. The development must address our critical affordable housing needs and remain consistent with Menlo Park’s approved housing plan with respect to zoning ordinances for height and density. In addition, the development must not jeopardize public safety, the health of the San Francisquito Creek ecosystem, and the historical significance of the property as the birthplace of the Western Living Movement.

Menlo Forward supports the creation of affordable housing and responsible, sustainable development in Menlo Park to ensure a healthy balance between new jobs and housing availability. The proposal for 80 Willow Road is wildly out of scale for our community. It presents egregious environmental and public safety hazards, but even worse, is horribly housing net negative as a result of adding extensive new commercial space.