How Will SB 79 Affect Cities In California?

YIMBYs are over moon about the passage of SB 79, the law designed to facilitate construction of housing near major transit stations. But what does it mean for cities and counties in California? For most cities and counties, it won’t have any effect at all. That’s because SB 79 only applies to major transit stations – stations with frequent rail or bus rapid transit service. Many areas with frequent bus service – even “high-quality transit stops” under state law – won’t be affected. (SB 79 doesn’t apply to unincorporated areas, even those in urban areas, until the next Regional Housing Needs Allocation cycle.0 But for any jurisdiction that does have a rail or BRT station, life is about to get very different. You won’t have much control over development near these stations – if any at all. What Does SB 79 Do? At its core, SB 79 does two things: First, it essentially upzones all land in close proximity to major transit stations throughout the state – allowing housing developments of up to 65-95 feet, often with the option of ministerial approval. Densities can range up to 100-120 units per acre plus density bonuses. Although approval is not ministerial, this upzoning trumps local general plans and zoning and local governments are supposed to amend their plans – including their housing elements – to conform to the law. Second, the bill authorizes local transit agencies to develop their own zoning and objective design standards, effectively transferring land use authority from local governments to the transit agencies. The bill also beefs up the role of the Department of Housing & Community Development, giving HCD the power to determine how to account for SB 79 capacity in the Regional Housing Needs Allocation. Last-minute amendments made a number of changes, including creating a minimum project size of 7 units and limiting the average unit size for SB 79 areas to 1,750 square feet. The changes did not, however, bring around the League and the many cities opposed to the bill.

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