Planning Commission Addresses Variances and Hardship Claims in Atherton

July 19, 2025 | Atherton Town, San Mateo County, California


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Planning Commission Addresses Variances and Hardship Claims in Atherton
In the heart of Atherton's city hall, a spirited discussion unfolded during the City Council Regular Meeting on July 16, 2025. Council members and residents gathered to address pressing issues, including the interpretation of the Bagley Act and the complexities surrounding property variances.

One council member took a firm stance on the Bagley Act, challenging the common belief regarding postmark dates and the validity of recent meetings. "I don't believe that's true," they asserted, questioning whether all necessary participants were present during a critical meeting where a planning commissioner was elected. This inquiry raised concerns about the legitimacy of decisions made under potentially flawed circumstances.

As the conversation shifted, the topic of property variances emerged, particularly the concept of hardship. The council member emphasized that applicants must demonstrate genuine hardship when seeking variances, cautioning against self-inflicted situations. They illustrated this point with a clear example: if a property owner splits a parcel and then claims it is too small for development, that hardship is self-created and should not warrant special consideration.

The discussion also touched on the ongoing trend of SB 9 lot splits in Atherton, where property owners are navigating zoning requirements on one- or two-acre parcels. The council member noted that those who pursued these splits were aware of the zoning implications, suggesting a need for careful evaluation of future applications.

As the meeting progressed, it became evident that the council's deliberations would have lasting implications for Atherton's development landscape. The dialogue underscored the importance of adhering to legal frameworks while balancing community needs, leaving attendees with a sense of anticipation for how these discussions would shape the town's future.

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