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Feb 12, 2025
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Questions from Developers?

As a Member of the City Council you should expect these questions from the Typical Developer, in Response to Menlo Parks 13 page Request for Qualifications:

Please provide your responses.
Thank you
Michael DeMoss

Dear members of the Menlo Park City Council:
Prior to submitting a response to your Request for Qualifications, please clarify your request, especially section 4.2 , item I (timeline completion by 2027) and J (Avoid conflict with business operations)
We submit the following:
1) It may be impossible to meet your deadline for completion by 2027, without: a) disrupting businesses and b) eliminating parking for extended times.
Therefore:
A) We would require the city to indemnify us if we are sued for collateral damages (loss of revenue, etc.) to adjoining businesses.
B) We would require reasonable extension(s) to completion dates be granted. (No "Guaranteed" completion date)
2) Given the "net buildable" size of the 3 parking lots: Replacement parking for 500 retail space may not be achievable if an additional 500 spaces are needed for "at least" 345 (or more?) housing unit.
Note:
A) There are approximately 20 vacant stores. When those stores are eventually occupied, the number of "replacement" parking spaces would exceed 500.
B) It is possible that more than 500 resident parking spaces are needed depending on the number of "multiple" bedrooms that are included.
C) You state "At Least 345 housing units". What is the "Maximum Housing Units" that we can propose?
D) What is the Maximum height permitted and maximum ground square footage available.
3) Requiring 100% all electric is not advisable, because the electrical grid is not capable of such additional demand. Electrical black-outs are already a problem. We cannot be responsible for failing to provide gas service to the project. Additionally: Mandatory electrification has been ruled impermissible by the California court.
4) Before proceeding, please supply a copy of the complete, current, title opinion showing clear title to the 3 parking lots ( no clouds or "threatened" litigation of record, or of notice ).
5) Please supply a written confirmation from the fire department stipulating the "Maximum Height" permitted of any building at this location, AND provide a written diagram showing the "Minimum Setback" required to comply with fire fighting equipment accessibility at the 3 parking lots.
6) What is the status of ownership at the end of the 55 year ground lease, and what are the itemized expenses that the developer is responsible for in addition to the ground lease rent.
Finally, have you given consideration to other location that would pose fewer obstacles?
Respectfully
A Typical Attorney for a Typical Developer

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