California SB 79 Advances, Allowing Up to 120 Dwelling Units Per Acre Near Key Transit Hubs

Sacramento, California – Legislation aimed at significantly increasing housing density near public transit, Senate Bill 79 (SB 79), is progressing through the California Assembly, with final votes anticipated in early September. Authored by Senator Scott Wiener, the "Abundant & Affordable Homes Near Transit Act" seeks to streamline the construction of multi-family housing, addressing the state's persistent housing affordability and supply crisis. The bill has ignited a contentious debate across California, pitting state-level housing goals against local control over land use and neighborhood character.

SB 79 mandates increased density and height limits for residential, mixed-use, and commercial properties located within a half-mile of qualifying transit stops. For instance, properties within a quarter-mile of Tier 1 transit stops could see development up to 75 feet high with a maximum density of 120 dwelling units per acre. The bill also allows for ministerial approval processes for developments that conform to its standards, aiming to bypass lengthy local discretionary reviews. It includes provisions for affordable housing, typically requiring compliance with local inclusionary zoning or state Density Bonus Law.

Proponents, including California YIMBY and various housing advocates, argue that SB 79 is crucial for alleviating California's severe housing shortage, which has led to exorbitant costs and declining population growth. They assert that building more homes near transit will boost public transit ridership, reduce greenhouse gas emissions, and foster economic growth by allowing workers to live closer to their jobs. The California Democratic Party recently endorsed the bill with a 111-62 vote, signaling broad support within the party for its objectives.

However, the legislation faces significant opposition from local governments and community groups who contend it erodes local control and could negatively alter established neighborhood aesthetics. Critics express concerns about the strain on existing infrastructure, potential displacement of current residents, and the lack of sufficient parking requirements in new developments. The Los Angeles City Council, for example, voted 8-5 to oppose the bill, with Mayor Karen Bass also signaling her opposition.

The debate surrounding SB 79 underscores a deeper ideological divide within California politics, particularly among Democrats, regarding the balance between state intervention and local autonomy. As Jed Leano, a California Democrat, stated in a tweet,

"If you are a California Democrat opposing SB 79, you are doubling down on a Republican White House and Congress after 2030. But tell me again about local control and character of neighborhood…" This highlights the perceived long-term political consequences of failing to address housing supply. The bill has passed the Senate and several Assembly committees, moving closer to a final vote that will determine its fate.