City Council
Report
City Council Meeting: May 13, 2025
Agenda Item: 4.J
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To: Mayor and City Council
From: Elaine Polachek, Interim City Manager, City Manager's Office Subject: Authorization to Submit Letter of Support for Senate Bill 79 (Wiener) Planning and zoning: housing development: transit-oriented development and update on SB 677 (Wiener)
Recommended Action
Staff recommends that the City Council:
1. Receive the staff analysis of Senate Bill 79 (Wiener) Planning and zoning:
housing development: transit-oriented development; and
2. Direct the City Manager to draft a letter expressing the City’s support for SB 79 to be delivered to the bill author, Senator Ben Allen, and Assemblymember Rick Chavez Zbur.
Summary
At the April 8, 2025 City Council meeting, the City Council tabled motions to Support SB 79 (Wiener) Planning and zoning: housing development: transit-oriented development and SB 677 (Wiener) Housing development: streamlined approvals until a committee analysis had been completed and City staff had time to review the bill for its impacts on the City of Santa Monica.
On April 22, 2025, SB 677 (Wiener) Housing Development: streamlined approvals failed to receive the necessary number of votes to pass the bill out of the Senate Housing Committee (4 Ayes, 3 Noes, 4 Not Voting). SB 677 was granted reconsideration but will not be moving forward at this time so staff have not analyzed this bill.
Staff has completed its analysis of SB 79 and concluded the effect of this bill would be most impactful to the City’s residential zoning districts, which currently has density 2 of 7
limitations that are significantly lower than that proposed in SB 79 (e.g., R2 zone - 1 unit per 1,500 sf of parcel area or approximately 29 units/acre). The City’s commercial districts would not be significantly affected with this bill. With the City’s recent rezoning efforts as part of required by the 6th Cycle Housing Element and State Density Bonus (SDB) law, housing development projects in the commercial zoning districts are already permitted to request heights, densities, and FAR above the limits specified in SB 79.
The benefit SB 79 adds to a housing development in our commercially zoned areas is the increase in number of incentives allowed pursuant to State Density Bonus Law.
While SB 79 does not recognize the achievements of Pro-Housing Designated cities by upholding local autonomy over land-use decisions and excluding those cities from onerous new regulations which we have advocated for in the past, SB 79 is consistent with the City’s adopted Legislative Platform in that it has the potential to increase housing production, at a faster pace, and for less cost.
Discussion
Senate Bill 79 (Wiener) Local government land: public transit use: housing development: transit-oriented development aims to:
1. Amend current statute that regulates the disposal of “surplus” land owned by a public agency, once the agency determines it is not necessary for public use. SB
leased to support public transit operations in the definition. By doing so, a public transit operator like Metro could have ample discretion to develop a project within the properties’ limits and without a local government’s discretionary review.
2. SB 79 would require that a housing development project proposed within a specified distance of a transit-oriented development (TOD) stop, as defined, be considered an allowed use on any site zoned for residential, mixed-use, commercial, or light industrial development, provided the project meets applicable requirements. The bill establishes minimum standards for height, density, and floor area ratio based on proximity to high-frequency or high-capacity transit stops, which are categorized into three tiers of TOD: Tier 1, Tier 2, and Tier 3. By classifying these projects as allowed 3 of 7
uses, cities would be required to process and grant entitlements ministerially according to a development’s proximity to the designated TOD tiers.
3. SB 79 would exempt from CEQA a public or private residential, commercial, or mixed-used project that, at the time the project application is filed, is located entirely or principally on land owned by a public transit agency, or fully or partially encumbered by an existing operating easement in favor of a public transit agency and meets specified requirements.
According to the bill analysis completed by the Senate Committee on Local Government, all SB 79 projects must comply with the anti-displacement provisions in the Housing Crisis Act of 2019 (SB 330, Skinner). Projects that meet these requirements are presumed to comply with local zoning and the Housing Accountability Act, limiting local governments' ability to deny or downsize them. In high-resource areas, cities that deny qualifying projects are automatically presumed to be in violation of state housing law and face immediate penalties.
To ensure enforcement, the Department of Housing and Community Development (HCD) is given oversight authority, including reviewing local ordinances for compliance and referring noncompliant jurisdictions to the Attorney General.
SB 79 has passed both the Senate Committee on Housing (6-2-3) and the Senate Committee on Loca Government (4-3-0) despite the Chairs of each of the two committees recommending the committee members vote against the bill. It is not common for a bill to pass against the recommendation of the chair, extremely rare for a bill to do so twice back to back. This is a clear sign the Majority Caucus is divided on the issue and there could be significant changes to the bill in the coming months as it proceeds to the Assembly and must garner votes from Assemblymembers who face elections every two years rather than their Senate counterparts who are elected to fouryear terms. For complete list of individual/organizational support/opposition registered as of 4/23/25 see Attachment B.
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SB 79 Impacts to Santa Monica
According to the language of the proposed bill, the City of Santa Monica is served by Tier 2 TOD stops which are defined as - a major transit stop served by light rail transit or by bus service with 20 minute peak period headways. The City is served by the Exposition Light Rail line (LA Metro’s E Line), which has headways of every 8 minutes during peak periods. Additionally, the City has a number of transit stops, served by Big Blue Bus and LA Metro with 20 minute peak period headways. Affected areas are illustrated in the map below covering a majority of the City between Montana Ave and Ocean Park Blvd..
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Blue Shaded Ares Show Tier 2 TOD Stop Areas In/Near City of Santa Monica If SB 79 were to become law as currently written, then the regulations in proposed Section 65912.157(a)(3) would apply and housing development projects near a major transit stop would be ministerially approved with the following guarantees.
Distance to
Major Transit
Stop
Height Guarantee
Minimum
Density
Guarantee
Minimum
Residential
Floor Area
Ratio
Additional
Concessions
(beyond SDB)
Within ¼ mile
of Tier 2 TOD
stop
65 feet, or local limit, whichever
greater. If higher than local limit,
not required to grant height
increase under SDB
100
units/acre
(excludes
SDB)
3.0 2 additional
Outside of ¼
mile but within
½ Mile of Tier
2 TOD stop
55 feet, or local limit, whichever
greater. If higher than local limit,
not required to grant height
increase under SDB
80 units/acre
(excludes
SDB)
2.4 1 additional
Immediately
adjacent to
Tier 2 TOD
stop
85 feet, or local limit, whichever
greater. If higher than local limit,
not required to grant height
increase under SDB
140
units/acre
(excludes
SDB)
4.0 2 additional
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2025-26 State Legislative Platform
The City’s adopted Legislative Platform includes the following relevant statements:
• Support legislation that lowers the cost, speeds the permitting, and promotes the production of infill residential housing and requires all localities to build their fair share.
• Support legislation that facilitates increased housing production in the City without undermining the City’s adopted affordability and inclusionary requirements.
• Support legislation, and seek amendments to proposed legislation, that recognize the achievements of Pro-Housing Designated cities by upholding local autonomy over land-use decision and excluding these cities from onerous new regulations, provided they remain in compliance with their HCD-approved housing plans.
Environmental Review
No environmental review pursuant to CEQA is required at this time. No actions are being undertaken that will result in direct or indirect physical changes in the environment Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of recommended action. Staff will return to Council if specific budget actions are required in the future. 7 of 7
Prepared By: Josh Kurpies, Council Office and Legislative Affairs Liaison Approved Forwarded to Council
Attachments:
A. Attachment A - Text of SB 79 (Wiener), As Amended 4/23/25 B. Attachment B - Sen Committee on Local Government Bill Analysis (4/23/25) C. Attachment C - Sen Committee on Housing Bill Analysis (4/22/25) D. ADD-TO: 2025-05-13 Analysis of SB79 and SB677- SUPPLEMENTAL ITEM E. Written Comments
F. Presentation Item