What cities need to know about SB 79, the biggest land use bill of the year
By Brady Guertin, legislative advocate
This year, one of the major bill fights making its way through the Capitol is the debate around SB 79 (Wiener). The measure would force cities to approve tall, dense residential buildings near public transit, irrespective of local zoning laws. It would also give transit agencies full land-use authority over land they own, without any obligation to build housing.
Cal Cities is leading the charge in opposing SB 79 due to its impact on local governments’ land use authority, one-size-fits-all approach to local planning and zoning, and its defiance of state-mandated and certified housing elements. Although the new amendments narrow the bill’s scope, Cal Cities remains opposed to the measure.
What exactly would SB 79 do?
The most notable change in the bill is an increased height limit of 55-75 feet that would only apply to urban transit counties — “a county with more than 15 rail transit stations.” This would impact cities located within a quarter mile or half mile from a transit stop associated with heavy rail, high-frequency commuter rail, or light rail in the following counties: Los Angeles, Sacramento, San Diego, San Francisco, Santa Clara, and Alameda. Those cities would need to approve tall (up to 75 feet) and dense (up to 120 dwellings per acre) residential development projects by-right depending on the transit stop.
Cities in non-urban transit counties within a half mile of a qualifying transit stop would have to approve residential projects up to 55 feet with a density of 80 dwellings per acre without any public engagement or acknowledgment of state-certified housing plans. In other words, the new amendments provide a carve-out for some communities even though the transit stops are nearly identical in function.
New amendments would also let transit agencies designate major transit stops as a transit-oriented development, forcing cities to approve new housing without regard for local general plan and zoning requirements. Transit agencies could develop objective design standards if the land is within a half mile of a transit-oriented development stop.
What happens next?
Cal Cities is still concerned about granting use authority to transit agencies without requiring them to build affordable housing or follow state-approved housing elements. Transit agencies could essentially buy land and develop it for commercial purposes in areas identified as sites for future housing development.
A coalition letter from the Gateway Cities expresses some of the challenges cities have faced when transit agencies infringe on local plans that balance the need for housing and community needs in areas planned for transit-oriented development. Those cities have spent years developing site-specific plans that support transit-oriented development along the planned Southeast Gateway Line and the planned Eastside Transit Corridor Phase 2 Project.
“The Gateway Cities region is approximately 3.5 times denser than Los Angeles County and 33 times denser than California,” wrote the group of 14 cities. “SB 79 undermines years of responsible planning and imposes dense, high-rise projects without evaluating our capacity to support them.”
After passing the Senate Appropriations Committee last week, the bill is now on the Senate Floor. Cities should express their opposition to the bill by contacting their state senator before June 6. For more information, including how your city could be affected, please contact your regional public affairs manager.