Menlo Park measure could put every development to voters

It took a plan to build 90 teacher apartments at a defunct school in Menlo Park for residents in single-family neighborhoods to draw a line against affordable homes.

A measure on the Nov. 8 ballot aims to give residents more control by putting every major housing development to a public vote, the San Francisco Chronicle reported.

If approved by voters, Measure V could make it harder to build multifamily homes across much of Menlo Park by stripping the City Council of its power to add density to areas zoned for single-family homes.

Critics say it could not only chase away developers, but run up against state housing requirements and risk penalties that include losing local control of development.

Disgruntled residents over the school project crafted Measure V, saying the city was deaf to their concerns about neighborhood character.

Its backers contend they’re not a “bunch of NIMBYs,” and would have supported a 60-unit teacher housing project instead. They espouse “quality over quantity” in terms of development.

Instead of building apartments in neighborhoods with single-family homes, they promote development in “resource-rich” areas such as Downtown Menlo Park, zoned for more density and near transit and stores.

“Measure V promotes quality housing in neighborhoods to prevent excess traffic,” Nicole Chessari, one of the neighbors who launched the initiative, said at a recent debate.

Menlo Park wouldn’t be the first city to put development decisions in the hands of voters.

Alameda in the Bay Area and Encinitas and Newport Beach in Southern California have similar voter-driven provisions to decide what’s allowed to be built, Chris Elmendorf, a law professor and land-use expert at UC Davis, told the Chronicle.

“It’s pretty common for California cities or voters who are riled up about development in California cities to try to adopt ballot measures to restrict development,” Elmendorf said. “What’s unusual about this measure is it seems to target all single-family neighborhoods. It’s really sweeping.”

Housing experts, state housing officials and a report by the city expressed concern that Measure V could hinder Menlo Park’s attempt to meet state housing requirements.

Elmendorf said he thinks the measure would make it harder for Menlo Park to remain in compliance with the state’s housing element, a plan cities must submit to the state detailing how they’ll build enough housing to meet state goals.

The California Department of Housing and Community Development told the city the ballot measure “seemingly (blocks) affordable housing.” If passed, it said, it must be treated as a constraint on development.

A city-commissioned report said the measure “would effectively prohibit new affordable housing units in single-family areas.”

That means Measure V could buck a state goal to more equitably distribute housing. As a result, state or local officials could potentially override the voters, if their decision stymies new development, Elmendorf said.

If Measure V passes and voters reject rule changes that allow multifamily developments on single-family lots, the state could rescind its pending approval of the city’s housing element.

That means that Menlo Park could trigger a “builder’s remedy,” a state housing loophole that allows developers with affordable projects to get automatic approval now being tested in such cities as Santa Monica, Elmendorf said.

— Dana Bartholomew

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