Becker bill to protect cities from misuse of Builder’s Remedy fails to advance from Senate Housing Committee

by Linda Hubbard on April 30, 2025

Willow Park

Senate Bill 457, a targeted measure to strengthen California’s housing laws and prevent misuse of the Builder’s Remedy proposed by State Senator Josh Becker (D-Menlo Park), did not advance out of the Senate Housing Committee for Tuesday (April 29), despite growing concerns about speculative projects bypassing local planning.

The Willow-Sunset project in Menlo Park (pictured) exemplifies the stakes. A proposed Builder’s Remedy project, it includes three towers, with the tallest reaching 37 stories — the tallest building in the Bay Area outside of San Francisco, 665 housing units, with only 20% designated affordable, targeted at 80% AMI (~$148,000/year in San Mateo County), and over 350,000 square feet of office space, a hotel, and nearly 40,000 square feet of retail, raising questions about scale, infrastructure, and intent.

According to Becker, SB 457 was crafted to protect existing projects that comply with the law while preventing future abuse of a system originally designed to push cities toward meaningful housing reform. It would have reduced litigation risks, clarified planning rules, and reinforced smart growth, aligning new housing with infrastructure, transportation, and climate goals.

“The Builder’s Remedy should be a tool of last resort to get urgently needed, equitable housing built,” said Becker. “But when it’s used to push luxury towers that sidestep community standards and strain public services, we all lose.

“This was a focused, practical bill,” he continued. “I have worked to ensure that SB 457 struck a fair balance to uphold accountability while giving cities that do the right thing the ability to plan responsibly. California’s housing crisis demands laws that are reliable, predictable, and fair. While I am disappointed that this bill didn’t advance, I remain committed to pushing for reforms that support real affordability and restore confidence in our housing policies”

“I was honored to speak in support of Senator Becker’s commonsense bill,” said San Mateo County Supervisor Ray Mueller (District 3). “I applaud him for taking on this heavy lift and speaking up on behalf of our cities.”

A longtime advocate for affordable housing, Senator Becker authored SB 457 to support cities acting in good faith to meet their housing obligations and ensure that state housing tools like the Builder’s Remedy are used to promote genuine affordability — not exploited to push through outsized developments with minimal public benefit.

2 Comments

KR May 02, 2025 at 6:47 am

Hi, I believe the builders remedy is the harshest of penalties that can grossly undermine the fabric of a community. And so the builders remedy should only be for the cities that don’t have an approved housing element no matter the timeline.

KR May 02, 2025 at 7:03 am

The Willow-Sunset project is net negative on housing due to the mix of commercial with housing. Given the net negative in housing this project will bring, Menlo Park will need to find more sites to add housing; any ideas where to add housing? Menlo Park does have a golf course?

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