Gov. Gavin Newsom has signed state Senate Bill 79, the controversial legislation that overrides local zoning rules and allows mid-rise apartments and condo buildings several stories tall to be built near public transit stations – including in neighborhoods zoned for single-family homes.
The Abundant and Affordable Homes Near Transit Act, as SB 79 is called, applies only to certain “urban transit counties” with heavier or more frequent transit services such as trains and rapid bus lines. That means the law will apply to Los Angeles and Orange counties but not the Inland Empire.
Pro-housing advocates say SB 79 is critical to addressing California’s housing and affordability crises. It also encourages people to use public transit, a more environmentally friendly option for getting around town, they say.
Meanwhile, opponents – including the cities of Los Angeles, Huntington Beach and Newport Beach, among others – criticize the bill as state government overreach because it overrides local land-use decisions.
L.A. elected officials have raised concerns that allowing denser housing could strain city services, while some residents worry it could worsen traffic and change the look of their neighborhoods.
But Newsom, who earlier this year signed other major housing reform measures, including one that overhauled the state’s environmental review law to make it faster and easier to build new housing, again this week stressed the importance of providing more housing.
“All Californians deserve an affordable place to live — close to jobs, schools, and opportunity. Housing near transit means shorter commutes, lower costs, and more time with family. When we invest in housing, we’re investing in people — their chance to build a future, raise a family, and be part of a community,” the governor said in a statement announcing the signing of SB 79 on Friday, Oct. 10.
State Sen. Scott Wiener, D-San Francisco, who authored the bill, called SB 79 “a historic step toward tackling the root cause of California’s affordability crisis” by addressing both the state’s housing shortage and limited access for many to public transit.
“In California, we talk a lot about where we don’t want to build homes, but rarely about where we do — until now,” Wiener said.
But SB 79 largely divided state lawmakers – and not necessarily along party lines. The bill underwent more than a dozen amendments to satisfy various interests before narrowly passing both houses of the California Legislature last month.
Locally, among some of the most vocal opponents was L.A. City Councilmember Traci Park, who described SB 79 as “Sacramento’s attempt to hijack local planning” while denying local residents from having input.
SB 79 stipulates that in communities with heavy rail service or where trains stop 72 times or more per day, developers can build up to nine stories if the project is next to a transit station. They can build up to seven stories within a quarter-mile of the station or six stories if the building is a quarter to one-half mile from the station.
One example would be the LA Metro B line that runs between North Hollywood and downtown L.A. Neighborhoods along that route that aren’t already zoned for mid- or high-rise apartments could now see taller buildings go up.
At light rail stations and stations where trains make between 48 and 71 trips per day, housing up to eight stories high can be built next to the station. Buildings within a quarter-mile could go up to six stories. Those between a quarter and a half mile could be five stories tall. This includes LA Metro’s A, C, E and K lines and its Orange (G) line in the San Fernando Valley.
But if it’s unsafe to build high-density housing in a neighborhood because the area is considered at high risk for fires, local officials could relocate the project to another part of the city — though they still need to allow the same number of units to be built, according to Matthew Lewis, communications director for California YIMBY, a sponsor of the bill.
Wiener has also said cities may adopt their own local plan as an alternative to SB 79 if it still meets the bill’s intent.
SB 79 was one of 45 bills Newsom signed on Friday which his office said will help California meet its housing goals.
The bills, according to the governor’s office, will, among other things, accelerate the permitting process for developers; expand affordable, “climate-smart” housing so people can live near their jobs and schools; strengthen enforcement of housing laws; and advance climate solutions by lowering the cost of transit-oriented housing and making it easier to install electrical vehicle charging stations in apartment and condo buildings.