To all developers, May 7, 2026
I consider myself to be an UNBIASED observer on the issue of building
apartments on the downtown parking lots, because I do not benefit, or lose,
no matter what happens to the parking lots.
I suggest you consider the source and motivation when you take advice on
the parking lot development.
As a Former Menlo Park Finance and Audit Commission Member, AND as a
commercial real estate attorney with 40+ years of hands-on experience as a
general partner, owning and managing over 350 apartment units, over 100
thousand sq ft of office space and negotiating and creating over 25 real
estate partnership deals . . . I respectfully offer my opinion to the
developers.
Please consider the following:
1) You will need to overcome ALL 3 of these obstacles:
a) A contentious ballot measure that opposes your plans in the
November election. (50% more signatures were collected than were needed for
the ballot)
b) A pending lawsuit that introduces a cloud on the title to the
land and will stop your plans. The property owners claim a vested interest
in preserving the parking lots “AS IS”, unless they approve a change;
AND: Hundreds of business owners and affected property owners have signed a
separate petition opposing the change to the parking lots.
c) A follow-up ballot (election) that will further delay and will
stop your plans.
*You and the city MUST WIN ALL 3 of these issues.*
(The probability that the city {and YOU} will prevail in ALL 3 issues is
mathematically = 12.5% )
In addition:
2) You must convince the Fire Department that it is safe to build 7 to 9
story residential dwellings in an area surrounded by tightly cramped one
story older building that have not been updated with sprinkler systems; AND
the city fire equipment must be able to access and adequately service your
plans.
3) There appears to be environmental concerns relating to certain
businesses that may have previously contaminated the ground; including the
fact that for 75 years automobiles have parked on this land and likely
leaked petroleum products into the ground.
4) A Five (5) level parking ramp at one end of the development is not
sufficient because it is too far from the other end (.3 miles or 1,600 feet
or about 650 steps) AND:
a) The voters are unlikely to approve of the city paying for the
parking ramp.
b) Your plans do NOT provide enough parking spaces to accommodate
the needs of the businesses AND the apartment tenants (there needs to be at
least 1,100 parking slots in the final plans).
c) When the lack of parking causes businesses to vacate Downtown
Menlo Park, it will affect the “Vitality” of Downtown Menlo Park as a place
to “Live, Shop and work”
5) The city’s suggestion to give away the parking lots valued at nearly $50
million dollars to any developer for ONE ($1) Dollar, will surely be met
with strong opposition by the taxpayers, as a breach of their fiduciary
duty as council members. This will introduce a new delay, and delays cause
construction cost estimates to increase.
As a fellow professional in commercial real estate transactions, I can see
why some of the original developers dropped out of the competition.
Finally,
It is my opinion that you and the city should abandon the city parking lot
location and work together to find a less contentious and more suitable
site for meeting the demands of the state legislators; and thereby avoid
becoming embroiled in a protracted and expensive undertaking that has a
high probability of failure.
I see other flaws in this deal and if you need my insight, I will share
more of my experience with you.
Respectfully submitted,
Michael C. DeMoss, Menlo Park Resident
Commercial Real Estate Attorney
Lawreview@icloud.com
