Contra Costa Exempt From California’s Transit-Related Upzoning

The California legislature’s passage of Senate Bill 79 didn’t come without a few modifications, including a carveout that excludes one county.

Contra Costa County in the Bay Area wouldn’t be required to upzone areas surrounding transit hubs for higher density under the proposed law, the Mercury News reported.

The bill, originally proposed by state Sen. Scott Wiener in 2018, allows the construction of up to nine stories for buildings adjacent to certain bus stops and train stations, seven stories for buildings within a quarter-mile of the stops, and six stories for buildings within a half-mile. It would also subject single-family neighborhoods within a half-mile of transit stops to the zoning regulations.

While working its way through the legislature, the bill was amended to only apply to counties with more than 15 high-frequency train or bus stops. That left just seven counties in the state to deal with it: Alameda, Los Angeles, Sacramento, San Diego, San Francisco, San Mateo and Santa Clara. Once Orange County’s streetcar project is completed next year, it will also be subject to the bill’s application.

By changing the bill’s language defining which stations count toward that 15-station threshold, Contra Costa County escaped any SB 79-related upzoning. The county has 12 Bay Area Rapid Transit stations and three Amtrak stations, in Richmond, Martinez and Antioch.

The Contra Costa County Board of Supervisors and city councilmembers in Lafayette and Orinda pleaded with state lawmakers to push the amendment through. Their argument was that SB 79 would increase density along fire evacuation zones and put residents at risk.

The final version of the bill upheld Wiener’s vision, while also “respecting the distinct needs of each community,” said state Assemblymember Anamarie Avila Farias, who represents northern Contra Costa County.

Other amendments to the bill include stopping developers from using SB 79 to advance a project that would demolish more than two rent-controlled apartments, which prevents most multifamily buildings built before 2014 from being redeveloped through the law, allowing cities to exempt certain areas defined as “low-resource” by the California Tax Credit Allocation Committee if they also plan for density in other parts of the city, and giving cities permission draft alternative zoning plans within transit areas next year, though they must preserve at least half the density the proposed law calls for.

SB 79 heads to Gov. Gavin Newsom’s desk next month.

— Chris Malone Méndez