The final version of Senate Bill 79 offered local governments plenty of wiggle room over the where, when and how of the law. Cities across California are starting to wiggle
by Ben Christopher
For California’s local governments hoping to have some say over where and how large apartment buildings get packed near major transit stops, it’s crunch time.
Last fall, state lawmakers made it legal for developers to build mid-rises — some as tall as nine stories — in major metro neighborhoods near train, subway and certain dedicated bus stops.
But the final version of Senate Bill 79, which goes into effect on July 1, offered local governments plenty of wiggle room over the where, when and how of the new law.
With the summer deadline rapidly approaching, cities across the state are starting to wiggle.
Like a statewide game of Choose Your Own Adventure, local elected officials for the San Francisco Bay Area to Los Angeles to San Diego are exploring ways to either lean into the spirit of the law, come up with their own plan tailored to the city’s whims and needs, or slow the local roll out for as long as possible while considering their options. Those that do nothing will be forced to accept the transit-oriented rezoning prescribed by state legislators.
Los Angeles opted for a strategy of maximum delay last month when the city council voted to overhaul a portion of its zoning map in order to buy itself a few more years of planning time.
The move took advantage of a set of escape clauses written into the state law: Transit-adjacent areas that already allow at least half of the housing required under SB 79 can hold off on changing the rules until a year after the next state-mandated planning period.
For Los Angeles and much of Southern California that’s 2030.
Likewise, many lower income neighborhoods, those at risk of wildfire and sea-level rise or sites listed on a historic preservation registry also qualify for that temporary delay.
L.A.’s city council mashed every pause button it could.
Along with temporarily exempting zoning changes in poorer neighborhoods, known fire zones and historic districts, the council preemptively voted to allow modest multiplex buildings as tall as three or four stories in dozens of higher-income neighborhoods currently restricted to single family homes. That will bring those areas up above the cut-off needed for the four-year reprieve, according to the city’s planning staff.
By swallowing a little more allowable density in the short term, the city was able to ward off a whole lot more — for now. Backers of the measure said that will give the city more time to come up with a better alternative that still complies with the law.
The vote “adds meaningful housing capacity now and gives us time to decide where the rest of density should go within our own communities,” Councilmember Katy Yaroslavsky said before the vote.
When 2030 arrives, the city will either have to come up with its own plan that meets the overall density requirements of the state law — but with some allowable flexibility over where all the potential growth goes — or belatedly accept SB 79 whole cloth.
The L.A. vote came as a disappointment to many pro-development advocates, who have called upon city officials to speedily accept the state-imposed densification immediately, or barring that, to take more aggressive steps in the meantime.
“We’re pretty concerned that this is not actually going to produce housing,” said Scott Epstein, policy and research director with Abundant Housing Los Angeles, a “Yes In My Backyard” oriented advocacy group.
He noted that smaller apartment buildings are less likely to be financially feasible in areas where land costs are exceptionally high. The city’s ordinance achieves its increase in allowable density by permitting modest apartment buildings in relatively affluent neighborhoods.
But even some of the state law’s fiercest defenders see a silver lining in the city’s delay tactic.
“On the one hand, it’s disappointing because we’re delaying the full potential of the law,” said Aaron Eckhouse, local policy programs director for California YIMBY, one of the sponsors of SB 79. But in Los Angeles, he noted, city officials have long been fiercely resistant to proposed zoning changes in neighborhoods dominated by single-family homes.
Now Los Angeles council members are effectively saying, “‘okay, we will do this on our terms rather than on the state’s terms,’” said Eckhouse. “But it is still happening, because the state forced the issue.”
How can cities go their own way?
The Los Angeles approach mirrors one being pursued by officials in San Francisco. There officials are considering a policy of exempting industrial areas and many of the city’s low-resource neighborhoods, while preemptively pushing up the allowable density on certain low-rise locations to get them over the 50% threshold and qualify for a delay until 2032.
But unlike Los Angeles, San Francisco doesn’t plan to spend years coming up with a bespoke local alternative. Instead, the city is proposing to roll out its own version before July 1. That task was made a bit easier given that local officials just wrapped up a citywide densification effort last year as part of Mayor Daniel Lurie’s “Family Zoning Plan.”
The current proposal is set to be heard by a Board of Supervisors subcommittee later this month.
For cities like Los Angeles and San Francisco that decide to come up with their own local plans, they will still need to get the approval of state housing regulators. Officials from California’s Housing Department have yet to publicly weigh in on any individual city’s plans. But their boss has. In a handful of social media posts, Gov. Gavin Newsom has lambasted Los Angeles and San Diego for their proposed efforts to shield certain portions of their city from the requirements of the law. Newsom did not suggest that either city was violating the law itself.
Some cities may simply decide not to bother. Sacramento, for example, will soon consider an ordinance that would make modest tweaks to the way it accepts development applications subject to the state law, but otherwise leaves the state-set zoning rules intact.
Other municipalities, with smaller budgets and fewer professional planners on staff, may not have much choice but to accept the requirements of the state law, said Jason Rhine, a lobbyist with the League of California Cities, which opposed the bill when it was working its way through the Legislature.
Rhine said that some cities are still scrambling to understand the basics of the statute, such as how it applies to future transit infrastructure or how the law defines distance from a transit stop.
“If you’re a planner trying to come up with an alternative plan authorized by (the law), you don’t have the information needed to even get started,” said Rhine. He said he is urging state lawmakers to consider extending the July 1 deadline. No one has taken him up on the idea yet.
‘A matter of urgency’
In Oakland, the decision over whether to delay or accept the state upzoning has played out at the neighborhood level.
Last month, the city’s planning staff proposed an ordinance to take the full suite of possible delays in order to buy time and develop an alternative plan. This, city staff stressed, was not about opposition to the goals of state law, but about a preference among local planners to reconsider the city’s plan comprehensively and at all once, rather than in fits and starts.
“It’s no dispute over outcome,” Oakland Planning Director William Gilchrist told the council. “I think it really comes down to a question of when and how.”
Even so, three city council members objected, arguing, in effect, that they would like the state’s override in their districts now, thank you very much.
Zac Unger, who represents some of the city’s more affluent neighborhoods in North Oakland, argued that parcels that have already achieved the 50% density threshold should not be exempt in his district, especially because the bulk of them are located along busy commercial corridors.
Change is coming, one way or another, he argued at council. “I am arguing for, in a sense, coming to grips with that reality right now rather than spending a year providing people with the false idea that we can somehow exempt ourselves from state law.”
Two other members — Charlene Wang and Ken Houston — who represent some of the low-resource neighborhoods entitled to delay, also wanted to adopt the law in their districts now. “In an urban area like Oakland we should be far exceeding the density minimums in (state law),” said Wang.
In a follow-up interview, Unger noted that the debate in Oakland may be more symbolic than it is in other cities. By happenstance, city planners have been working for years toward an overhaul of the city’s zoning map, which they aim to wrap up next year. In other words, Oakland is likely to have an alternative plan that complies with the state law’s requirements by 2027 anyway.
“If we implement SB 79 on July 1 of this year instead of July 1 of next year, there won’t be buildings blowing up from the street,” he said. “It’s just a matter of urgency — and a statement of values.”
Aside from those cities that are racing to embrace the state law and those seeking delay or their own versions, there is another possible category: Those that resist the law entirely.
After California lawmakers passed a law in 2021 allowing homeowners to split up their properties into as many as four separate units, density-averse cities pushed back. Some took the state to court, others explored adopting municipal charters, one flirted with the idea of becoming a mountain lion refuge. None of the measures ultimately succeeded.
If SB 79 is met with a similar array of resistance, we aren’t likely to see that until after the July 1 deadline, said Eckhouse with California YIMBY.
“The reason to do something now is either to lean into it or to use the provisions of the law for flexibility and deferrals,” he said. “But if they just want to stand in the door and say ‘no,’ we might not find out about that until the zoning standards go into effect.”
