DEL MAR — A historic bill allowing high-density housing near transit stations in California is sitting on Governor Gavin Newsom’s desk awaiting his sign-off, with several cities in San Diego County concerned about the bill’s bulldozing of local land use authority.
Senate Bill 79, introduced by state Sen. Scott Wiener (D-San Francisco), would permit multi-family residential development at sites near major transit stops, with allowable heights of up to six stories.
The legislation applies to counties containing at least 15 passenger rail stations, a criterion that includes San Diego County and seven others.
Proponents introduced the bill as a remedy to the state’s housing crisis by making it easier to construct multifamily housing in areas where it has typically been prohibited, while also encouraging the use of public transit.
SB 79, passed on Sept. 13, underwent several amendments while progressing through the Legislature, and joins hundreds of other bills that the governor must sign by Oct. 12 to take effect.
The bill enjoys support from state and local YIMBY (Yes In My Backyard) groups, the State Building and Construction Trades Council (which amended its previous opposition in exchange for terms benefiting union construction workers), the San Diego County Bicycle Coalition, Ride San Diego, and San Diego Mayor Todd Gloria.
However, many cities throughout the state, including North County specifically, have registered their opposition, stating that the bill would supersede local land use planning, fail to produce any affordable housing, and impact multiple neighborhoods near the North County Transit District’s Coaster and Sprinter lines.
Cities in opposition include Oceanside, Encinitas, Vista, Solana Beach, Carlsbad and Del Mar, as well as the San Diego Association of Governments, or SANDAG.
“It’s bad policy,” said Solana Beach Mayor Lesa Heebner. “I think it’s over the top, because it obliterates the planning that we have done.”
Heebner said she hopes the governor will veto SB 79 and clarify that such drastic measures should be in place only for cities with out-of-compliance Housing Elements —the state-approved housing production plans adopted by each municipality.
Encinitas leaders also requested that Newsom veto the bill.
“SB 79 doubles down on the recent trend of the state overriding its own mandated local housing elements. 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.
Allowable project sizes vary depending on distance from a transit stop and the type of transit stop.
The largest projects would be allowed near the busiest rail stations, known as Tier 1, specifically those served by heavy rail or very high-frequency commuter rail, equivalent to at least 72 trains per day, excluding long-distance Amtrak service.
Tier 1 projects within a quarter mile of these stops would be allowed a height of 75 feet, density of 120 dwelling units per acre, and a floor area ratio of 3.5:1, and projects within a half mile would be allowed heights of 65 feet, density of 100 dwelling units per acre, and a floor area ratio of 3:1.
Tier 2 transit stops are those served by light rail or high-frequency commuter rail with 48 to 71 trains per day. Projects up to 65 feet tall would be allowed within a quarter mile, and those up to 55 feet tall within a half mile.
In an attempt to curb concerns from smaller jurisdictions, bill sponsors made an 11th-hour decision to carve out an exception for cities with fewer than 35,000 residents, thereby limiting the application of SB 79 to projects within a quarter-mile zone of applicable stops.
A project within 200 feet of a transit stop would be eligible for further size increases, including an additional 20 feet in height, a density of another 40 dwelling units per acre, and an increased floor area ratio.
State Sen. Catherine Blakespear (D-Encinitas) was one of eight senators to vote against the bill. The former mayor of Encinitas said she could not support legislation opposed by so many of her constituent cities.
“The fact is that we have a process that distributes local land use decision making to local officials. This goes around the established process,” Blakespear said. “In Encinitas, I was extensively involved in that, and we wouldn’t have wanted those decisions made for us.”
According to an Oct. 6 newsletter from Blakespear’s office, transit stations, specifically in Oceanside, San Diego and Vista, would be affected by the legislation.
The bill also allows projects on land owned by transit agencies if it is located within a half-mile of a qualifying stop. At least 50% of the total square footage for these projects must be residential, and at least 20% of the total units must be deed-restricted for lower-income households.
The agency’s board of directors can also adopt its own zoning standards governing uses on this land, and must involve public comment in the process.
Outside of SB 79, North County Transit District (NCTD) has already been working for several years to develop mixed-use projects on its properties. A major project planned for the Oceanside Transit Center will bring 500 apartment units, a boutique hotel, expanded retail offerings, and over $100 million in transit improvements.
NCTD leaders did not respond to requests for comment from The Coast News.
