SB 10 FAILS, SO DENSITY ADVOCATES TRY NEW MEASURE

 

CALIFORNIA FOCUS
FOR RELEASE: FRIDAY, MAY 23, 2025, OR THEREAFTER

BY THOMAS D. ELIAS
“SB 10 FAILS, SO DENSITY ADVOCATES TRY NEW MEASURE”

 

Make no mistake, the newly proposed law commonly known as SB 79 is purely a result of the failure of the 2021 SB 10, which aimed to make housing in areas around transit stops (both bus and train) far more dense.

 

Said Gov. Gavin Newsom in a 2021 signing statement for SB 10, which allowed local governments to upzone land near transit stops for as many as ten units per parcel even in areas previously zoned single family:

 

“This bill has the potential to increase housing development at a time when the state is experiencing a significant shortage of the units needed to meet the needs of Californians.”

 

It did not. Exact figures for how many units have been built under SB 10 are hard to find, but the number is not high.

 

He does not say so, but that’s why SB 10 author Scott Wiener, the Democratic San Francisco state senator who has spearheaded many recent housing density bills, is back with the new measure, SB 79.

 

Where it was up to local government to upzone in transit zones under SB 10, the new measure would create automatic upzoning to multifamily uses near “major transit stops” on any site already zoned for residential, mixed use, commercial or light industrial development, up to specific heights of 45, 55, 65 and 75 feet.

 

Early versions of the bill also contained no prohibition on applying it in known fire zones. Other laws, however, can be used to regulate that.

 

Depending on things like ceiling heights, this bill potentially could make seven-story structures routine, since buildings average between 10 and 14 feet per floor.

 

Upzoned areas might often overlap, too, with the long-term outcome possibly becoming long strips of high-rise development, regardless of any neighborhood’s previous character.

Unlike under SB 10, such upzoning would be automatic, eliminating most local government authority over high-rise development.

 

Density bonuses already in use in many California developments would also apply to these new buildings.

 

No one yet knows whether builders would be any more receptive to putting up new SB 79 projects than they have been to using the existing SB 10.

 

One background document from Wiener’s office claims that “Building more homes near transit reduces transportation and housing costs for families and promotes environmental sustainability and economic growth, and reduces traffic density.”

 

This may be the first time anyone has tried to claim that erecting an unknown, unlimited number of four, five, six and seven-story apartment buildings and condominiums might somehow cut traffic.

 

Wiener also says his measure should making permitting fast for such projects, calling the new process “ministerial;” essentially not subject to things like public hearings, city council votes or local ballot questions.

 

The Livable California organization, a frequent Wiener opponent, points out a few other realities: One is that upzoning has not been shown to increase either housing supply or affordability, but often raises land values, thus making existing housing more expensive.

 

The group also notes that public transit now is mostly used by lower income persons, casting doubt on the assumption that new buildings in transit-thick areas would necessarily raise ridership significantly.

 

And it says this would be yet another nail in the coffin of local government authority.

 

One letter to a newspaper recently claimed the new plan would also harm housing affordability, claiming some sites it covers currently are occupied by low-income units, sometimes defined as being for persons with income below 81 percent of the median level for any area.

 

“There would be zero net gain in affordable housing from this,” said the letter writer.

 

Despite these flaws, current prospects for Wiener’s latest effort look good, with Newsom virtually certain to sign it if it passes the Legislature. It’s difficult to find a single housing density measure he has vetoed, the lone possible exception being one that would have made undocumented immigrants eligible for state down payment assistance.

 

So there’s a solid chance SB 79, passed 6-2 by the Senate Housing Committee, also becomes law soon. If this bill should fail to produce more density – and fast – it will be clear that even developers realize most Californians want to be surrounded by open space, no matter what their politicians might believe.

 

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Elias is author of the current book The Burzynski Breakthrough: The Most Promising Cancer Treatment and the Government's Campaign to Squelch It, now available in an updated third edition. His email address is tdelias@aol.com

 

Suggested pullout quote: “There’s a very good chance SB 79…becomes law soon.”