Item No. {{item.number}}
Town of Atherton
CITY COUNCIL STAFF REPORT – REGULAR AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: GEORGE RODERICKS, CITY MANAGER
DATE: MAY 21, 2025
SUBJECT: REVIEW AND APPROVAL OF LEGISLATIVE
CORRESPONDENCE
RECOMMENDATION
It is recommended that the Council review and approve the attached legislative correspondnence.
BACKGROUND
Over the past several years, the State has enacted a series of aggressive housing laws intended to address the state’s severe housing shortage, particularly in the area of affordability. These laws, such as SB 9 (2021), SB 35 (2017), SB 330 (2019), SB 423 (2023), and others increasingly limit the authority of local governments to regulate land use through traditional planning tools like general plans, zoning codes, and discretionary review processes.
While the Legislature’s goal has been to promote housing production near jobs and transit, especially in higher-density formats, the practical effect has been the erosion of local control, with jurisdictions struggling to balance these mandates against infrastructure constraints, environmental risks, and the expectations of residents. Local governments throughout California, including the Town, have consistently expressed concern that these sweeping laws prioritize production targets over community-based planning and that they do little to ensure truly affordable housing outcomes. In response, jurisdictions are advocating for a more collaborative and measured approach to state housing policy and one that respects the principles of local governance, promotes realistic implementation, and retains meaningful public engagement.
To that end, staff recommends that the Council consider approval of the attached letters of opposition to SB 79 and SB 677; as well as a general letter from the Town opposing laws that strip municipalities of local control.
ANALYSIS
Senate Bill 79
Senate Bill 79 (SB 79), introduced by Senator Scott Wiener, proposes the “Abundant & Affordable Legislative Correspondence
MAY 21, 2025
Homes Near Transit Act,” aiming to address California’s housing shortage by facilitating higherdensity residential development near major public transit stops. The bill establishes tiered zoning standards permitting multi-family housing of up to seven stories within a half-mile radius of highcapacity transit stations, such as rail and bus rapid transit stops. It also authorizes transit agencies to develop residential and commercial projects on land they own or control, provided these developments meet or exceed local zoning standards. Additionally, SB 79 offers streamlined, ministerial approval processes for qualifying projects that adhere to specified environmental, labor, and affordability criteria. Proponents argue that the bill promotes sustainable, transit-oriented development and alleviates housing shortages, while opponents express concerns over potential impacts on local zoning autonomy, community character, and the adequacy of affordable housing provisions.
Staff recommends OPPOSITION.
Senate Bill 677
Senate Bill 677 (SB 677), introduced by Senator Scott Wiener, seeks to expand and streamline housing development by allowing up to four residential units on single-family zoned lots through ministerial approval, bypassing discretionary review and local zoning controls. The bill builds upon prior legislation (notably SB 9 and SB 423) by further limiting local governments’ ability to restrict small-scale infill housing, prohibiting subjective design standards, and capping or waiving certain development fees. It also curtails the authority of homeowner associations and imposes statewide standards that supersede local ordinances, with the aim of accelerating housing production in urban and suburban neighborhoods.
Staff recommends OPPOSITION.
General Correspondence to Governor
The Town strongly opposes the ongoing imposition of state housing laws that strip away local control and override carefully developed general plans, zoning ordinances, and community engagement processes. The attached letter advises that Atherton as a small, semi-rural town with a long tradition of responsible planning, argues that recent and proposed legislation—such as SB 9, SB 4, SB 423, and SB 79—undermines local authority, imposes unrealistic housing mandates through RHNA, and fails to deliver on promised affordability. The letter urges state lawmakers to reconsider this top-down approach and calls for a collaborative process that respects local discretion, ensures community input, and pursues sustainable housing solutions with measurable outcomes.
FISCAL IMPACT
None.
GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
Legislative Correspondence
MAY 21, 2025
• Goal A - Preserve Small Town Character & Quality of Life • Goal D - Be Forward Thinking
POLICY FOCUS
The policy focus for this item is preservation of local control and intergovernmental collaboration.
PUBLIC NOTICE
Public notification was achieved by posting the agenda, with this agenda item being listed, at least 72 hours prior to the meeting in print and electronically. Information about the project is also disseminated via the Town’s electronic News Flash and Atherton Online. There are approximately 1,200 subscribers to the Town’s electronic News Flash publications. Subscribers include residents as well as stakeholders –to include, but be not limited to, media outlets, school districts, Menlo Park Fire Protection District, service provides (water, power, and sewer), and regional elected officials.
COMMISSION/COMMITTEE FEEDBACK/REFERRAL
This item has not been before a Town Committee or Commission
ATTACHMENTS
1. SB 79 – Letter of Opposition
2. SB 79 - Bill Text
3. SB 677 - Letter of Opposition
4. SB 677 - Bill Text
3. Letter to Governor