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Chamber of Commerce
Ballot Measure Filed in Menlo Park to Limit Impacts of High Density Housing
According to the Palo Alto Daily Post, several Menlo Park residents have submitted a ballot measure to the City Clerk that would prohibit the city from
"Converting residential properties in these neighborhoods to different uses such as industrial, commercial, office, mixed-use or high-density residential, which would create traffic and otherwise strain the infrastructure of existing neighborhoods that were designated as low-density, residential-only uses" without a vote by the public.
The proponents claim that this measure is legal and does not conflict with recently passed state legislation, such as SB 9 and SB 10. They claim it is
“…in compliance with any applicable, controlling state law requirements and mandates, which may allow for multiple units of low-density housing on lots with ‘single-family’ zoning.”
But they claim it would prohibit "high-density" apartment buildings (which they describe as more than 8.9 homes per acre) from being developed in single-family neighborhoods.
That claim, however, seems questionable.
SB 9 provides “property owners” (not cities) the right to split lots and increase density on single-family zoned properties that are their primary residence. So, since the initiative is focused on the zoning powers of cities, it would seem to have no impact on the rights of property owners.
However, SB 10 provides cities with the discretion (and right) to rezone single-family parcels for up to 10 units of high-density housing. This initiative would attempt to contradict state law by removing that discretion. In general, it also runs contrary to the “spirit” of state housing laws, such as the Housing Accountability Act.
This is just one of many attempts by residents and agencies to institute barriers to recent housing legislation. But so far, all have either failed or been challenged by the State Attorney General’s Office. It will be interesting to follow the Menlo Park City Attorney’s response to this ballot initiative and the legal challenges that may arise if it attempts to move forward.
Bob Silvestri is a Marin County resident, the Editor of the Marin Post, and the founder and president of Community Venture Partners, a 501(c)(3) nonprofit community organization funded by individuals and nonprofit donors. Please consider DONATING TO THE MARIN POST AND CVP to enable us to continue to work on behalf of California residents.