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A formal builder’s remedy application for a 140-unit residential building that would be located at 104 Constitution Drive in Menlo Park has been deemed incomplete by the city on July 3 due to “multiple required items missing from the application,” according to the city’s website.
The application, which was submitted by developer Greystar, is the second formal application that the city has received and responded to under the state’s so-called builder’s remedy provision, which allows developers to streamline building application processes and bypass certain local land-use regulations if a city’s housing element is not in compliance with state requirements. The state certified Menlo Park’s housing element on March 21, however both builder’s remedy proposals were filed before the city’s housing element was certified.
The first formal application that the city received was for the development of the 6.7-acre parcel at 80 Willow Road, which was once home to the Sunset Magazine headquarters. Both developers now have the chance to resubmit their formal builder’s remedy applications to bring them into compliance with the city’s application requirements.
Once the city receives a resubmitted application from a developer, it will have 30 days to review the application for completeness. Once an application is deemed complete, it will then be reviewed by the city for compliance with environmental and development standards, as well as other city requirements.

104 Constitution Drive is a 0.87-acre parcel of land located between Highway 101 and the Bayfront Expressway, near Meta’s headquarters, which is currently occupied by a surface parking lot. This parcel is located on a portion of the project site for the Vasara housing development, which is also being developed by Greystar.
The Vasara development project includes two buildings, a seven-story, 335-unit apartment building that is now being leased, and a three-story commercial building which has yet to be constructed. The Vasara project master plan shows that 104 Constitution Drive is currently slated to contain the proposed commercial building.
During construction of the Vasara apartment complex, the site at 104 Constitution Drive was used as a construction staging area.




