23 Oakwood Boulevard Townhomes

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David Arata inherits a 1.52-acre single-family parcel at 23 Oakwood Boulevard from his mother, who died approximately mid-2020. He begins exploring plans to develop the property into townhomes, knowing the town has historically resisted all forms of multifamily housing.

David Arata brings his townhome plans to the Atherton Planning Commission. He knows townhouses would not fly in Atherton but pursues the project through the Housing Element process. Plans freeze as Atherton begins its contentious 6th Cycle update. The town has never built multifamily housing in its history.

HCD rejects Atherton first Housing Element submission, finding the town is overestimating ADU production and has insufficient multifamily sites. Council Member Bob Polito: HCD gave Atherton an F. Mayor Widmer: "I had felt we made some concessions in zoning but it seems that it is not enough for HCD." Staff and consultants had predicted this outcome from the start.

Steph and Ayesha Curry write a letter to Mayor Bill Widmer and Town Manager George Rodericks opposing the rezoning of 23 Oakwood Boulevard. They ask the town to exclude 23 Oakwood or commit to considerably taller fencing and landscaping to block sight lines. The letter becomes national news — republished by the SF Chronicle, Slate, KTVU, and dozens of national outlets.

In a four-hour emergency meeting, residents in matching green protest shirts oppose multifamily housing. The council initially votes 4-1 for 20 du/ac at 23 Oakwood (up to 30 units), then revotes 5-0 for 10 du/ac (up to 15 units) under neighbor pressure — cutting the project in half. The resulting plan relies almost entirely on ADUs and institutional sites for its 348-unit RHNA obligation.

HCD rejects Atherton second Housing Element. The rejection partly reflects HCD concern that 10 du/ac at 23 Oakwood is below the density needed for meaningful affordable housing production. The January 31, 2023 deadline has now passed; Atherton is officially in violation.

HCD formally warns Atherton it is in violation of housing element law — now 18 months past the January 2023 deadline. HCD warns noncompliance could result in $10,000-$100,000/month fines that a court can multiply by six.

The Atherton Planning Commission unanimously recommends removing four Bay Road/Ringwood Avenue multifamily sites from the Housing Element following neighbor objections about traffic, privacy, and proximity to schools. The commission calls multifamily housing there bad urban planning. One neighbor: "Please maximize the height of the screening."

At a five-hour meeting that at times got rowdy, the Atherton City Council unanimously votes to adopt the third version of its Housing Element and submit to HCD. The plan includes 23 Oakwood as the primary private multifamily opportunity site at 10 du/ac.

HCD certifies Atherton Housing Element as compliant — 2 years and 3 months after the January 31, 2023 statutory deadline. The certification includes 23 Oakwood as a multifamily opportunity site at 10 du/ac with a 20% affordability requirement. Atherton did not receive any Builder Remedy applications during its period of non-compliance. As of March 2025, Atherton had allowed 111 new units including 28 very-low/extremely-low income, mostly ADUs. The 23 Oakwood townhomes have not broken ground.

"It would be more a little village than a big apartment building. When you mention housing element people snap; they think it is going to be low income and massive buildings stuck together." Plans to build regardless of what the housing element says. Has warned the town about Builder Remedy implications if it remained non-compliant.

Rejected Atherton Housing Element twice (October 2022 and April 2023). Threatened $10,000-$100,000/month fines. Formally found Atherton in violation of housing element law in July 2024. Considered 10 du/ac at 23 Oakwood insufficient for affordable housing production. Certified the third Housing Element on May 5, 2025 — 2+ years past deadline.

"We hesitate to add to the not-in-our-backyard rhetoric, but we wanted to send a note before today meeting. Safety and privacy for us and our kids continues to be our top priority and one of the biggest reasons we chose Atherton as home. With the density being proposed for 23 Oakwood, there are major concerns in terms of both privacy and safety with three-story townhomes looming directly behind us. We kindly ask that the town adopts the new housing element without the inclusion of 23 Oakwood." (Letter to Mayor Widmer, January 18, 2023)

Wore matching green protest shirts at the January 31, 2023 meeting. Resident John: "The issues of having 10 families, or potentially more, sitting that close, with all of their activities makes the town a hellhole." Stephanie Sargent: "This is over my fence and yes, I am NIMBY, whatever everybody wants to call me." Planning Commission unanimously called multifamily at Bay Road sites "bad urban planning."

Council rejected the Currys request to remove 23 Oakwood from the Housing Element — but downzoned from 20 to 10 du/ac under pressure, cutting potential unit count in half. Mayor Widmer: "I had felt we made some concessions in zoning but it seems that it is not enough for HCD." The council reluctant compliance with state law, watered down to the minimum possible, characterizes Atherton approach throughout.

Atherton 3-year refusal to adopt a compliant Housing Element — submitting and receiving rejection on two versions (October 2022 and April 2023), operating in violation from January 2023 through May 2025 — froze the 23 Oakwood townhome project in limbo. The town comprehensive failure to plan for any multifamily housing contributed to years of delay. Unlike most cases in this database, the primary mechanism is systemic: not a targeted challenge to a specific project, but a municipality refusing to follow state housing law at all.

At the January 31, 2023 emergency Housing Element meeting, the council initially voted 4-1 to rezone 23 Oakwood at 20 du/ac (up to 30 units), then revoted 5-0 to reduce to 10 du/ac (up to 15 units) under organized neighbor pressure and the Currys letter. This halved the project potential unit count and contributed to HCD rejecting the Housing Element because 10 du/ac is below the density needed for meaningful affordable housing. This downzoning was the direct consequence of celebrity and neighbor opposition — the most politically visible example in this database of a project being reduced in size rather than killed by organized opposition.

Confirms May 5, 2025 HCD certification — 2+ years past deadline. Confirms no Builder Remedy applications received. As of March 2025: 111 units allowed, including 28 very-low/extremely-low income.

October 16, 2024 council meeting coverage. Rowdy meeting description. Confirms planning for 433 units (348 required plus buffer). Third Housing Element adoption.

Best summary of the council decision to keep 23 Oakwood in the plan. Confirms Arata plans to build regardless.

Best source for the January 31, 2023 emergency council meeting. Documents the downzoning from 20 to 10 du/ac, the gutting of other multifamily sites, the protest shirts, and tearful neighbor comments.

Best national media analysis. After 20-25 public meetings over two years, Atherton rezoned one parcel. Contains the hellhole quote and protest shirt detail.

Primary source for the Curry letter. Contains full letter text excerpt, project background, and the January 31 deadline context.

Best source for Arata background — inherited from mother, 2-year Planning Commission history, little village quote, and the 20 du/ac initial proposal.

First HCD rejection coverage. Polito F characterization. Primary source for October 31, 2022 rejection.