Newsom just signed SB 79, allowing far more housing along transit. Here’s what it means for San Diego County.
Gov. Gavin Newsom signed controversial legislation Friday that overrides local zoning rules to allow tall apartment and condo buildings in single-family areas near many transit stations statewide — including at every stop on the San Diego Trolley and the Sprinter.
The legislation had been a lightning rod for advocates on both sides of the housing-density fight for months, with supporters of development hailing it as a breakthrough and opponents warning it could destroy neighborhoods.
Housing up to eight stories tall can be built directly next to stops on those lines under the new law, Senate Bill 79, which is formally called the Abundant and Affordable Homes Near Transit Act.
The law, narrowly approved by both the state Senate and Assembly last month, allows projects within a quarter-mile of transit stops to be six stories tall and projects between a quarter-mile and half-mile away to be five stories.
The law overrides local zoning — including zoning that calls for commercial development or less intense residential development like single-family homes.
Supporters said the law will help solve the state’s affordable housing crisis by forcing reluctant cities to allow dense development near transit. The law also aims to fight climate change by encouraging transit use.
Critics say the law will destroy many single-family neighborhoods and that it takes local land-use authority away from cities. They also say it makes development plans for areas near transit stops, many of which have taken years to create, mostly useless.
Late amendments to the legislation exempted stops on commuter rail lines like the Coaster and Amtrak — so the new law won’t impact coastal North County cities like Carlsbad, Encinitas, Solana Beach and Del Mar.
Another late amendment eliminated rapid bus lines, unless they have a dedicated line and service every 15 minutes, which exempted MTS bus route 225 in Chula Vista. Only parts of line 225 on San Diego’s Park Boulevard will be affected.
Supporters and critics agree that the impact of the new law will vary widely from city to city, depending on how much development has already taken place near transit stops.
Neighborhoods like Little Italy and Mission Valley in San Diego won’t see much impact — but cities like Santee and El Cajon could see big changes because there isn’t much development near their trolley stops, said Saad Asad, a spokesperson for California YIMBY.
San Diego Mayor Todd Gloria, who had endorsed the legislation, praised it Friday.
“This legislation will help make way for more housing near public transit and ensure that cities with this infrastructure do their part to address California’s housing crisis,” he said.
Gloria said the impact in his city will be small relative to others with less development at transit stops and less aggressive zoning near them.
“Through our recent and upcoming housing policy reforms, we’ve already anticipated the kind of changes this law calls for,” he said. “We look forward to putting it further into action and continuing to lead the way on building homes in the right places.”
In North County, there is already significant development at many stops on the Sprinter, which connects Oceanside and Escondido. But some stations have seen more development than others.
The same is true in the South Bay. Some stops along the trolley in National City and Chula Vista already have tall apartment buildings nearby or zoning that allows them, but others have almost no nearby development.
The law gives cities some discretion, including the ability to distribute the density allowed by the law as long as they don’t reduce the overall amount of housing that can be built.
The more dense zoning can also be phased in over the next three years, with even longer allowances for areas with relatively low resources — high-paying jobs, educational opportunities or community amenities.
Cities also can get exemptions for historic preservation and wildfire risk, and they can require developers to pay fees for schools, parks and other infrastructure.
Lemon Grove is also eligible for a concession because it has fewer than 35,000 residents. Projects approved under the law in such small cities must be within a quarter-mile of a transit stop, not half a mile.
The law requires a percentage of the housing it allows to be subsidized with rent restrictions, but cities have the option to enhance those requirements.
Despite those concessions, the law has been harshly criticized by Neighbors for a Better California, a group that advocates for preservation of single-family neighborhoods.
“SB 79 overrides well-thought-out housing plans people have spent years developing,” said Pacific Beach resident Marcella Bothwell, the group’s chair. “It’s a top-down mandate that kills local control.”
North County coastal cities’ leaders also unanimously opposed the legislation.
“This latest overreaching effort forces cities to approve transit-oriented development projects near specified transit without regard to the community’s needs, environmental review or public input,” Encinitas Mayor Bruce Ehlers wrote in a Sept. 18 letter to the state.
Supporters downplay those concerns.
Newsom said SB 79 makes sense.
“All Californians deserve an affordable place to live — close to jobs, schools, and opportunity,” he said in a news release. “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 San Diego area’s representatives in Sacramento were divided over the legislation when it was approved last month.
In the Assembly, David Alvarez, Chris Ward, LaShae Sharp-Collins and Darshana Patel — all Democrats — voted yes, while Republicans Carl DeMaio and Laurie Davies voted no, along with Democrat Tasha Boerner.
In the Senate, Steve Padilla voted yes. His fellow Democrat Akilah Weber Pierson did not vote. Republicans Brian Jones and Kelly Seyarto voted no; so did Catherine Blakespear, a Democrat.
Asad, the California YIMBY official, said he expects SB 79 to have a bigger impact in Los Angeles and San Francisco than San Diego. There is generally less development along transit in those areas than in San Diego, he said.
And in Los Angeles and San Francisco, where transit systems are more developed and trains run more frequently, the law allows for even more dense development.
Stops on routes where trains stop 72 times or more per day are eligible for buildings nine stories tall right by the station, seven stories within a quarter-mile and six stories between a quarter-mile and half-mile.
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