This is a list of major false (and misleading) assumption that cancelling proposed Downtown affordable housing would jeopardize the Menlo Park Housing Element and expose our city to “builder’s remedy” projects. The argument rests on State laws, how the State Department of Housing And Development (HCD) treated eight Peninsula cities that grossly missed their “low income” housing allocations in the prior Housing Element cycle, and the city’s own July 2026 RHNA report.
By failing to acknowledge this project is NOT necessary, our city has greatly harmed our community.
Wasted city resources on a project voters likely would not fund.
Created the intense political controversy that now divides our city.
Distracted the city from developing widely supported affordable (and better) housing plans, ELSEWHERE.
Generated one legal suit against the city and invited new ones.
Undermined fundamental community trust in our city government.
The TRUTH Revealed:
In July 2026, Menlo Park claimed it has enough “capacity” to meet its unit housing allocations in all income categories by 2031.
This is an important compliance requirement for a city Housing Element, and makes the apartments Downtown UNNECESSARY.
Menlo Park does not NEED to develop affordable housing on three Downtown parking lots. It’s a discretionary political choice proposed by a Council that poorly represents voters.
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I believe a majority of well-informed voters would support Measure P and elect new council members who support it as well.
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I believe HCD would accept the elimination of its existing commitment to develop affordable housing on three parking lots
Why?
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1. The City cannot demonstrate the Downtown project is “feasible” because it requires for more than $25 to 45 Million+ of City funding. (Note: HCD had warned Menlo Park to only include “feasible” projects in its opportunity list)
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2. HCD has not penalized cities for producing less than its category allocations.
3. The City has not intentionally disregarded any HCD requirements.
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The city received three developer proposals for the Downtown project more than EIGHT months ago, and our city has still not disclosed any assessments of them including required city (voter) funding and total subsidies.
The City is in a FINANCIAL DEFICIT, Now and for the Foreseeable Future.
Best advice: ABANDON the Downtown Parking Lot Apartments Plans. Michael DeMoss, Resident,Attorney, Former Chairman of the Menlo Park Finance & Audit Commissions Audit Sub-Committee
Information source: The Almanac article by Dana Hendrickson and my own legal research.
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