Justin and City Council Members,
I am Mircea Voskerician, the property owner and applicant for 12 Maywood
Lane, Menlo Park, California, which has been approved as a two-lot urban
lot split pursuant to Government Code § 66411.7 (SB 9) and is now
ready for *Final
Parcel Map recordation*.
The City of Menlo Park is currently conditioning recordation of the Final
Map on payment of a *$127,400 Recreation In-Lieu (Quimby) Fee*. This
condition is *unlawful and preempted by state law*.
As confirmed by the *California Department of Housing and Community
Development (HCD)* in its *July 11, 2024 Letter of Technical Assistance to
the City of Menlo Park (Attached)*, the City *may not impose Quimby or
recreation in-lieu fees as a condition of approval for an SB 9 urban lot
split.* HCD expressly determined that such fees constitute a *requirement
for off-site improvements*, which are *prohibited under SB 9*.
HCD’s conclusion is unequivocal: because Quimby fees are authorized solely
for the purpose of funding off-site park and recreational improvements,
their imposition *directly violates Government Code § 66411.7(b)(3)*, which
bars local agencies from requiring dedications, exactions, or off-site
improvements as a condition of approving or recording an SB 9 parcel map.
HCD further advised the City that it possesses *enforcement authority over
SB 9 and other state housing laws*, including the authority to review local
actions and inactions for compliance and to *refer violations to the
California Office of the Attorney General* if a city continues to act
inconsistently with state law.
Notwithstanding this clear state guidance, the City continues to demand
payment of the Recreation In-Lieu Fee as a prerequisite to Final Map
recordation for my SB 9 project. This demand exceeds the City’s authority,
unlawfully obstructs ministerial approval, and places the City in *continuing
noncompliance with SB 9*.
Accordingly, this letter serves as *formal notice* that the Recreation
In-Lieu Fee is *invalid and unenforceable as applied to this SB 9 urban lot
split*, and I respectfully demand *written confirmation that the fee will
be withdrawn immediately* so that the Final Parcel Map may proceed to
recordation without unlawful conditions.
If the City believes it has any legal basis to continue imposing this fee
despite HCD’s conclusions, please provide that legal basis in writing so
the matter will be addressed by the court without further delay.
*Mircea Voskerician*
Managing Member, *12 Maywood LLC*
12 Maywood Lane
Menlo Park, CA
650-996-1114
---------- Forwarded message ---------
From: Ebby Sohrabi
Date: Thu, Dec 11, 2025 at 2:11 PM
Subject: RE: 12 Maywood Ln Parcel Map
To: Mircea
Cc: Azalea A. Mitch , Doherty, Nira F <
NDoherty@bwslaw.com>, alon danino
Good afternoon Mircea,
Thank you for providing the amended LLC Operating Agreement. Please note
that the signature block on the Parcel Map will also need to be updated to
reflect the new authorized signatory. Please upload all revised documents
via Accela.
Regarding your request for a detailed explanation of the fees, please refer
to the City’s Master Fee Schedule ( Master Fee Schedule
).
Ebby
* Ebby Sohrabi, P.E.*
Senior Civil Engineer
City Hall - 1st Floor
701 Laurel St.
tel 650-330-6743
menlopark.gov 