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For nearly four years, Josh To was, by day, a Google employee, and by night, a residential counselor with his wife, Sara, at Eastside College Preparatory Academy in East Palo Alto.
The contrasts he experienced made him feel like he was in two worlds each day, he told a group of parishioners at Highway Church in Palo Alto in January. He was proud of where he worked, but also felt the the company’s presence “had downstream effects on the community.”
At Eastside, many of the students he worked with had families who lived in the Central Valley and could go home only on weekends. Many of the students would spend weekdays living on campus, and travel on weekends to visit their families as far away as Stockton, Tracy or Merced.
He and Sara, who now live in Menlo Park’s Willows neighborhood, started a Menlo Park-based nonprofit organization – previously Brute Labs and now called Soup – about 10 years ago that has most recently shifted its focus to getting more accessory dwelling units built in the Bay Area to provide a roof over the heads of lower-income renters.
The family has just installed an accessory dwelling unit on their own property as a trial run; they intend to use it as a show unit for the next few months before leasing it to a low-income renter. They built it partly as an investment to bolster their household income, but also to learn how the process works to better guide other property owners through it.
The backyard home they installed was purchased from the Canada-based prefabricated home manufacturer Honomobo and has two bedrooms and one bathroom in 640 square feet of living space. It also comes with a washer, dryer and water heater. It is a modern, rectangular unit with large windows facing the backyard, and has an uncluttered, open layout.
In a January interview, the Tos said that the process with the city of Menlo Park came with some unexpected steps for people new to construction, and ended up costing $89,85 in plan reviews and permits.
In particular, Mr. To said, he found it surprising that an arborist had to come to the site to inspect every tree, and that he had to get written permission from the neighbors approving the unit’s architectural style.
The project also required approval to build past the standard rear setback on the property line.
The Tos took extra steps to keep costs low by doing things themselves, Mr. To noted. They didn’t hire a general contractor, and it took a while to pick up on the “architectural jargon” of the city’s planning department, he said.
On the other hand, buying a prefabricated unit meant that he didn’t have to worry about overseeing the construction of the house itself.
In all, the unit cost about $200,000 and took about a year to build, Mr. To said. He added that he thinks the process could have been done three to five months faster, knowing what they know now. Costs to build such units vary widely, though, the couple emphasized.
One of the biggest costs for a new unit is the foundation, he said. Initially, every quote he got came in at over $100,000. Eventually he lucked out, because the father of a student he’d worked with at Eastside College Prep who owned a concrete business agreed to help with the foundation work for $20,000.
Armed with some firsthand experience, Mr. To said, Soup plans to provide support to property owners seeking to build second units in exchange for the owner’s contracted assurance to lease the unit for a certain amount of time to low-income renters, likely holders of Section 8 vouchers.
The group initially sought to focus its work in East Palo Alto, but because of the water moratorium in effect there, they have been adding households from across the Bay Area to their wait list, which now numbers about 20 or 25, he said. The family-funded nonprofit recently hired Pamela Dorr, former executive director of Hero Housing in Greensboro, Alabama to run the program.
Working on one second unit at a time is not likely to generate a huge number of new units quickly, but the goal is to popularize the development of such units. Mr. To said he’s hoping to make adding an accessory dwelling unit like adding solar panels. Any new unit that gets built in the Bay Area will reduce the overall pressure on the housing market, especially if his organization can claim at least some of the new units for lower-income tenants.
Soup is only one of several efforts to help property owners take the housing crisis into their own hands.
Challenges
When it comes to building second units in Menlo Park, one of the policies that both the city’s housing and planning commissions have discussed in recent months as a barrier to second units is the city’s minimum lot size requirement. The city’s current minimum lot size is 6,000 square feet, but city planners in the past have recommended that the minimum size be smaller.
Without a legal option to add on-site housing, some households in Menlo Park have illegally converted their homes to accommodate more people, which can create health and safety problems. Costly permitting fees are another possible reason some households don’t pursue formally permitting second units.
Menlo Park code enforcement officer Eleonor Hilario has said that a common safety issue she responds to is when garages are illegally converted into living quarters. People who live in garages may have large water heaters in the room, or no insulation or heating, so they’ll plug in many appliances through the same power strip, which can create a safety hazard, she said.
In her code enforcement work, Ms. Hilario said, she’s found families, some with small children, living in garages, storage sheds or trailers, which have not been cleared for safety by the city. “You empathize and sympathize with them,” she said. “It’s heartbreaking to just tell a family, ‘You cannot live in here. Eventually you will have to move out.'” If the illegal housing unit can’t be cleared for safety, she may have to red-tag and evacuate it, she noted.
A regional problem
The housing crisis isn’t unique to Menlo Park, as evidenced by the region’s sky-high rent, grinding gridlock indicating more jobs than housing around, and frequent employee turnover in local restaurants, shops and even schools.
Part of the problem is that, in San Mateo County, there just aren’t very many places to build.
Looking at the county’s territory, about three-quarters of all the land within the county is protected open space or agricultural land, according to Angie Evans of the Housing Leadership Council of San Mateo County.
And of the remaining quarter, about two-thirds is zoned for single-family housing. That leaves only about one-twelfth of land in the county that could be used for multi-family housing and that land is likely to be claimed by developers for more profitable purposes, such as building office space.
But while policies to support higher-density and more affordable housing can help get many affordable units built, housing advocates have also argued not to forget about policies that enable residential property owners to build second units. Doing so increases the overall housing stock in areas that are otherwise considered “built out” at very low densities and can provide property owners with extra income – to help with their own burdensome mortgages – while boosting property values.
Ultimately, though, second units probably won’t solve the housing crisis. All cities and policymakers can really do is encourage property owners to build them and make rent something less than exorbitant. The idea is that a small second unit is still cheaper to rent than the adjacent McMansion, and can still provide property owners income through rent.
And under state law, second units are not subject to policies like rent control, even in jurisdictions with such laws on the books, according to Menlo Park Housing Manager Jim Cogan. Plus, there are as yet no policies in Menlo Park discouraging homeowners from listing their second units on Airbnb or other vacation rental sites, which can fetch a higher per-night return than a longer-term tenant.
The city’s Planning Commission last year flirted with recommending a ban on short-term rentals (less than 30 days), but the matter was postponed. A cursory look at Airbnb listings in Menlo Park indicates a handful of second units are available for short-term rentals on any given weekend.
Second units may be most useful in providing housing for what some housing advocates call the “missing middle,” a term describing the gap in housing supply for moderate-income earners. Typically, getting housing built for that income category is the hardest to get financed because many available government subsidies or tax credits can go only toward building housing for renters at low, very low- and extremely-low income levels, Mr. Cogan said.
To meet regional housing demand, the city ought to permit 142 more moderate-level housing units, according to the state’s regional housing needs assessment valid through 2023.
In the past several years, some state and city policy changes have made it easier to build second dwelling units. For instance, a state law the city adopted in 2017 made it so that parking requirements would be waived if a proposed second unit were added in an area less than a half-mile from ready public transportation access.
There have been some signs that more second units are getting built as a result. In 2017, 37 percent, or 13 of the 35 total units, of net new housing units permitted in Menlo Park were second housing units, according to the city’s annual housing report.
County tools
In January, San Mateo County’s “Home For All” initiative released a toolkit that provides a workbook for property owners, walking them through considerations they’ll need, from cost estimates to the kinds of questions to ask city planners.
A calculator tool on the website – which comes with a waiver noting it’s a rough estimate and explains some of the assumptions it makes – shows the investment benefits of building different sizes and types of accessory housing units. For example, if one were to convert a Menlo Park garage into a standard-quality, 500-square-foot studio at an estimated cost of $192,700; pay $50,000 and take out a 20-year loan for the rest, one could expect a monthly net income of $958 ($2,132 in monthly rent and $1,174 in monthly costs) charging market rate, with an estimated two years for the unit to pay for itself in increased property value and four years to recover the cash investment.
It also describes the financial impacts of opting to reduce rent on the second unit to be affordable for someone on a schoolteacher’s salary. In that scenario, one might still expect $521 in monthly income ($1,640 in rent and $1,119 in monthly costs), with an estimated four years for the unit to pay for itself in increased property value and six years to recover the cash investment.
Access the toolkit and calculator at secondunitcentersmc.org.




I align with previous Commenters who expressed concerned about the potential of back yard dwelling units to significantly increase in the population density of their Menlo Park neighborhoods. It is reasonable to assume that when a person decided to purchase their Menlo Park home, one of the decision factors which weighed into the final purchasing decision, was that the perspective home offered a sense of peace and quiet and tranquility, features that was not, arguably, found in homes from other area cities and neighborhoods. In essence, people have valued these qualities and paid a premium for them with the expectation that they would not change significantly.
I think all us understand that at any point, the quaint 1950’s vintage single story home next door might be sold and razed with a lot-maximizing new home put into its place. That would be unfortunate, but not unforeseen.
What we are talking about here is different. We are now in the situation where back yard dwelling units are being encouraged by the city of Menlo Park. Others have written to express their frustration when neighbors have build back yard dwelling units and how the noise, lights, coming and going, has substantially and dramatically impacted their use and enjoyment of their property.
It’s not that I don’t empathize with those seeking affordable housing. I honestly feel terrible for the state of housing the Bay Area. But the blanked decision to promote the adoption of back yard units is an overreach by the City. It is being done without broad discussion or a vote. While it may be just fine for some people, this de facto change residential zoning density, is not right. I believe it constitutes a taking.
If Menlo Park wants to do something about housing, then (1) address the Demand side. Stop promoting/encouraging/approving new projects to add new business here, and (2) walk the neighborhoods of Menlo Park. Knock on our door. Ask us what we want. Poll us. Talk with us. Don’t make structural and permanent changes to our City without discussion and consent.
Relax. Nobody is forcing anyone to build secondary units and rent them out. As I understand it, the city is merely considering taking steps to make the process slightly less onerous.
Just because people can build units in their backyards doesn’t mean they will, at least not in numbers significant enough to dramatically change the character of a town or neighborhood. There’s a self-limiting factor here: it’s a safe bet that most people will prioritize their privacy and space over the opportunity to generate additional revenue by adding a housing unit, especially given the hurdles. Suggesting otherwise is like fretting about the possibility of foreign exchange students taking over Menlo Atherton High, despite the eternal scarcity of host families (preservation of space/privacy).
And while I hear the arguments about the inherent downsides, I have even more sympathy for the people who keep getting priced out of the rental market here. What do you think causes more traffic on Willow Rd––a teacher or nurse renting 1 mile from downtown, or that same invaluable contributor commuting in from Livermore?
PS: for what it’s worth, showing up at Planning Commission and City Council meetings is probably a more efficient way to be heard than waiting for someone to knock on your door.
There is a big reason the state changed the laws to encourage more secondary units. Towns everywhere are behaving like Menlo Park and putting so many barriers to entry that nothing can be done.
Now Menlo Park (and other towns) must pay the piper and do their fair share to actually permit and build new housing.
One or two secondary units in a neighborhood doesn’t change the character or the traffic. That’s just ridiculous.
I’d encourage MP and local towns to eliminate the stupid, costly steps that are barriers to building and have little value.
An arborist?
A historical assessment?
Fees and timelines way out of the scale of the project?
Bureaucracy at it’s worst.
The building department is self funding. In other words, they charge as much in fees as it takes them to inspect the construction of a building. It might seem out of proportion, but 1000sf house takes just as many inspections as a 3500sf house. So, on a per square foot basis, yes, they seem out of proportion. When you consider the number of inspections for each building (they’re the same) the cost is in line with what you would expect from a self funding building department. I’m a builder and I see this all the time. Most cities in this area are going to this type of funding model for their building departments.
If you want to reduce fees for these smaller structures then the taxpayers will have to agree to subsidize the building permit fees.
There is already a solution to the housing problem… Portland, Denver, San Antonio, Minneapolis, St. Louis. Nobody is forcing you to live here. If the price is too high, look to areas with lower prices.
It’s like there are a bunch of people who only have means for a Camry complaining that they really want a Bentley. Oh I know, we’ll just wait by the stop light and then one one comes buy, we’ll just help our selves and hop in the back seat of the next Bentley. I mean no one is using the back seat, right?
I don’t know where to start responding to the above comments by Invisible Hand. The issue is housing for our teachers and first responders and people who work in many of the local businesses which are necessary for a healthy, thriving community. These folks are generally not paid the high salaries required to live in Menlo Park and other nearby communities and yet are strong contributors to our communities. We need to get real and either pay these folks their real worth so they can afford to live in/nearby the communities where they work or provide more affordable housing.
Invisible Hand––yep, the solution for the housing problem is and will always be to move farther away. But here’s the thing: we can’t have all the things:
-downtown vitality, which means restaurants, movie theaters, gourmet groceries, etc…
-fire fighters, teachers, and city clerks who make what you and your cronies consider to be a “fiscally responsible” wage…
-no cut-through traffic and congestion on our arteries in and out of town…
when we have such limited housing that only the very rich can afford to live here.
This, too, is a matter of basic economics. And it will come back to bite us. I suppose you can build your own movie theater, hire a personal chef and physician, maybe a tutor for your kids, etc. Take it back to the good old days when people had castles and live-in servants, Downton Abbey-style. Another alternative would be to go Pa Ingalls and chop your own wood.
A more sensible solution is probably some combo of pay people what the market will bear, build more housing (of different sizes), to re-right the supply/demand curve so that someone making less than $150K/year can afford a 2 BR apartment (because that’s what we’re talking about here––not a mansion on a secluded acre!), and build adequate public transportation and complete streets so that people have options for getting around.
Nobody is asking you to start driving people around in your Bentley. Just…some people with Bentleys might want to become Uber drivers. And that’s their right. Doesn’t diminish your quality of life whatsoever.
Also, here’s a brand new example of a backyard living unit in Menlo Park: https://sfbay.craigslist.org/pen/apa/d/brand-new-guest-house-with/6533901918.html
It’s going for $3500/month, which is pretty standard these days. Landlords typically want to see that your annual income is at least 40x the monthly rent, so by those standards, this 1 BR unit would be rented by someone making at least $140K/year.
Good news: some of our city management staff could probably afford to live there. Our teachers probably can’t.
Everyone needs a place to live, but not everyone needs to live in the same place, and there are plenty of regions that could use more jobs, more people, more investment, more life, and particularly, great schools. The effort to pile everyone into this place is wrong for many reasons but here are a few:
the infrastructural changes needed to make it possible for a bursting population to enjoy living and efficiently get from place to place has been and still is impossible to achieve.
Car-centric development does not align with efficient transport, and building denser just means plugging it up and making life more miserable, expensive, polluted and less efficient for everyone.
Building high density is expensive (see the link from kbehroozi, above) displaces existing affordable housing, has resulted in more EXPENSIVE housing occupied by wealthier people or not occupied but owned by foreign investors, driving out the very people who supposedly are going to benefit. The increasing cost of building UP makes labor more expensive for everyone (driving those with trucks ever farther away), and creates housing less attractive to families with children (although those who are single and desperate for housing close to work don’t seem to care about that….. yet….).
And what about creating wealth? The two predictors of success in this country are owning property and education. High rise expensive rentals are not the ticket to a secure future.
My hope is that those who are frustrated (me included) will turn attention to the promised, necessary, important advances in architecture, sustainability, communications, transportation, civic life, education, that could be better achieved by taking a frontier/settler attitude rather than an insurgent/conqueror attitude: Decentralize wealth.. Establish frontiers in inexpensive locations, and start by building renewable energy and great schools. Create the political pressure on Apple, Facebook, and Google to make this happen. Press these amazingly creative and wealthy entities to solve the problems they have created. Follow the routes established by past innovators: Build cities of the future where “no one wants to be” and turn your attention to making the life you want.
If it weren’t greedy longtime homeowners of the ‘ME’ generation the mid peninsula might be affordable for all. Unfortunately years of courting tech companies and not building housing not infrastructure are why your kinds and grandkids can’t live here. Now these same folks are complaining that it costs too much to build an income property in their back yard.
Honestly, this is more about creating income properties vs. creating affordable housing.
I’d be in favor of allowing more of these units and reducing fee’s only if these landlords are required to charge rent that matches the year in which their property tax is based. Bought your house in 1984, well you are capped charging an avg. 1984 rent for the area. Seems fair to me.
” Bought your house in 1984, well you are capped charging an avg. 1984 rent for the area. Seems fair to me.”
Sounds like a good idea except for the construction costs are nowhere close to what they were in 1984. So what we end up with is nothing being built. The property taxes are going to be assessed based on current cost of construction.