Press Release

Senator Wiener Announces Major Legislation To Build Homes Near Public Transit To Improve Affordability in California

SAN FRANCISCO – Senator Scott Wiener (D-San Francisco) introduced Senate Bill (SB) 79, the Abundant & Affordable Homes Near Transit Act. SB 79 will tackle the root causes of California’s affordability crisis by allowing more homes to be built near major public transportation stops and on land owned by transit agencies, bolstering transit use, slashing climate emissions, and supporting public transportation in the process. SB 79 allows more homes near transit by:

  • Establishing state zoning standards around train stations and major bus stops (bus rapid transit stops) that allow for multi-family homes up to seven stories near immediately surrounding major transit stops, with lower height standards extending up to half a mile away from such stops.
  • Streamlining permitting for homes built within half a mile of major public transit stops.
  • Allowing local transit agencies to develop at the same or greater density on land they own. 

California has the highest cost of living of any state, primarily due to our extreme housing shortage. At the same time, overly restrictive zoning laws prevent millions of Californians from living near public transit, making train and bus systems impractical for many. Building an abundance of homes at all income levels, in close proximity to major transit stops, will address our housing shortage to lower costs while making public transportation feasible for millions of families to use. Building these homes starts with legalizing to build multifamily housing near major transit stops, also known as transit-oriented development.

Building on land owned by transit agencies will also provide urgently needed financial support for public transit. Many successful transit agencies in cities like Tokyo, Singapore, and Hong Kong raise revenue to support public transit by developing land that they own. In Hong Kong, the approach is so successful that the transit agency regularly turns a profit—in stark contrast to the many transit agencies facing major budget shortfalls across California due to slowly recovering ridership and the state’s low level of support for public transit compared with other jurisdictions.

“Building many more homes near public transit tackles the root causes of our affordability crisis while bolstering public transportation across the state. California urgently needs to build many more homes to address our shortage and lower the cost of living. By focusing on building near major transit stops, we can tackle our housing shortage while supporting our public transportation systems with an infusion of new riders,” said Senator Wiener. “Decades of overly restrictive policies have driven housing costs to astronomical levels, forcing millions of people away from jobs and transit and into long commutes from the suburbs. Many are being forced out of the state entirely. We can begin to undo these decades of harm, reduce our most severe costs, and bolster our public transit systems by building more homes near major train and bus stops.”

Several jurisdictions outside of California have made progress in making transit-oriented 

development easier: 

  • Colorado requires cities to allow an average of 40 dwelling units per acre within a quarter-mile of transit. 
  • Massachusetts Bay Transportation Authority must have at least one multifamily district allowing at least 15 dwelling units per acre. 
  • Utah requires an average  density of 50 dwelling units per acre in transit reinvestment zones.

"California’s transit agencies have been struggling with stagnant ridership for nearly two decades because so many riders have been priced out of our most transit-accessible neighborhoods,” said Kirsten Bladh, Associate Director of State Policy for Streets For All. “We are proud to have Senator Wiener author this important bill that will revive ridership for our transit agencies by giving more Californians the ability to live near transit."

"California taxpayers have poured billions into public transit—yet too many neighborhoods treat it like a private amenity,” said Brian Hanlon, CEO of California YIMBY. “It’s unfair to take tax dollars from everyone to run trains, then ban housing nearby and lock people out. SB 79 ends this exclusion, ensuring more Californians can live near and ride the transit they paid for."

SB 79 sets standards for allowable housing development within a half mile of train stops and major bus stops, also known as bus rapid transit (BRT) stops. SB 79 does not apply around low frequency bus stops. The standards are tiered to allow greater height and density in the immediate vicinity of the most heavily trafficked transit stops, and lower levels around less trafficked types of transit stops and in the surrounding areas. 

Transit oriented housing developments under SB 79 are eligible for the streamlined ministerial approvals process under Senate Bill 423 (Wiener, 2023) if they meet that law’s environmental, labor, and affordability standards. Under SB 79, local governments would have flexibility to tailor their TOD areas and standards in an implementing ordinance subject to oversight from the Department of Housing and Community Development (HCD).

"In order to maximize the value of California's investments in our public transportation systems, it is imperative that we ensure zoning for appropriate residential densities near major transit stops to boost ridership, meet our climate goals and provide the housing we desperately need in these location-efficient areas,” said Michael Lane, State Policy Director at SPUR. “We also must facilitate joint development opportunities on transit agency-owned land, as commonly practiced in other nations, in order to strengthen our transit system operations over the long term and attract private investment for transit-oriented development. SB 79 boldly delivers on both counts."

"Making it easier to build more housing near transit is key for reducing our emissions, improving transit ridership, and for creating a more vibrant business climate in the Bay Area,” said President and CEO of the Bay Area Council Jim Wunderman. “SB 79 makes key progress in allowing for more housing where it is needed most. The Council thanks Senator Wiener for championing solutions to our region's housing crisis." 

SB 79 is sponsored by Streets for All, California YIMBY, Greenbelt Alliance, SPUR, and the Bay Area Council. It is supported by the following elected officials: Jed Leano, Mayor of Claremont; Jesse Zwick, Santa Monica City Councilmember; Rashi Kesarwani, Berkeley City Councilmember – District 1; Rebecca Saltzman, El Cerrito City Councilmember; Zach Hilton, Gilroy City Councilmember.

 

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