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San Marcos officials press state over SB 79, warn loss of local land-use control
Summary
City legislative analyst briefed the San Marcos City Council on SB 79, a state bill that would require by-right multifamily housing near transit; council members reiterated opposition and urged local advocacy for restoring land-use authority.
SB 79, a state bill authored by Sen. Scott Wiener that would allow multifamily housing near transit stations “by right,” was discussed at the San Marcos City Council meeting on May 12.
The issue matters because, if enacted as written, the bill would remove local review of certain housing projects near transit and give transit agencies expanded land-use authority. “SB 79 is Scott Wiener's newest housing bill, and it is transit oriented development,” said Michael, the city’s legislative analyst. He said the bill “would make it legal to build multifamily housing near transit in areas that are currently zoned for only single family homes” and would require upzoning “within a quarter mile or a half mile from rail or bus stations.”
City leaders said they have opposed the measure. A council member said the volume of recent state housing legislation has steadily “taken away our local control,” and asked for updates and advocacy. Michael said the council previously took an opposed position on SB 79 and that the bill was in the Senate appropriations committee, where its fiscal implications have resulted in multiple amendment requests and uncertainty about its path. “It is likely to be a very expensive bill,” Michael said, adding that the city’s lobbyist is tracking requests for amendments.
Council members framed the debate as a conflict between state housing mandates and local planning priorities. One council member asked for clarity on the term by right; Michael answered simply, “Correct,” when asked whether by-right authority removes local jurisdiction over the covered projects. The council also confirmed it had raised the issue with the League of California Cities and planned regional discussions through SANDAG on how state housing allocations are distributed and implemented.
Council members urged residents and neighboring jurisdictions to press lawmakers for solutions that preserve local accountability. One council member proposed considering legislative relief tied to cities that already maintain a significant share of deed-restricted affordable housing, suggesting exempting such jurisdictions from some mandatory by-right designations.
No formal motion on the bill was made at this meeting beyond the earlier opposed position on file; councilmembers said staff and lobbyists will continue to monitor the bill and report back.
Looking ahead, staff said they will keep the council apprised of amendments and funding implications as the bill proceeds through the Legislature.
