San Bruno staff to draft temporary sea-level-rise exemption as SB79 takes effect July 1

San Bruno City Council and the Planning Commission received an overview on May 19 of SB79, the state law that takes effect July 1 and allows greater heights and residential densities for projects of at least five units near major transit stations.

Assistant Planner Evan Sheber told the joint meeting that SB79 determines eligible areas by distance from pedestrian access points to stations and that San Bruno's two major stations (BART and Caltrain) yield roughly 1,600 eligible parcels on staff's map. "SB79 allows greater heights and densities for housing projects of at least five units within a half mile of major transit stations," Sheber said.

Sheber described two categories of permanent exemptions in the bill: parcels incompatible with airport land-use-compatibility plans (notably SFO's 70-decibel noise contour) and parcels that do not permit residential or commercial uses. He also summarized the bill's local options: alternative plans (which reallocate SB79 capacity citywide) and temporary exemptions cities may adopt by ordinance.

Staff recommended pursuing only a temporary sea-level-rise exemption at this time, pending Housing and Community Development (HCD) interpretation. "There are 136 parcels in total," Sheber said of the parcels staff marked as vulnerable under a one-foot sea-level-rise assessment; "staff is currently planning on drafting an ordinance to implement this temporary exemption." The logic, he said, is to avoid intensifying residential development where coastal vulnerability could leave residents exposed to stormwater and climate impacts.

Council members and commissioners pressed staff on specifics: whether airport land-use compatibility automatically disqualifies parcels (staff: yes), whether lot-size restrictions apply (staff: none), how SB79 applications will be processed (staff: streamlined entitlement pathways, with a 30-day initial review for completeness but total timelines that typically range from months to a year depending on studies and applicant responses), and the minimum project size (SB79 projects must contain at least five units and meet minimum densities).

A resident who spoke during public comment urged targeted height increases along El Camino and other transit corridors, arguing the city should permit well-designed mixed-use growth near transit.

Where the map shows potential large shifts in single-family areas, staff and council repeatedly noted practical constraints: building and fire codes, elevator and stair requirements, and typical financing/market feasibility limit the likelihood that many small R1 parcels would be assembled and built up immediately.

Outcome and next steps

No formal vote was taken; staff said they will draft an ordinance to implement the sea-level-rise temporary exemption for the identified 136 parcels, hold the high-density temporary exemption off the table for now, and seek any necessary confirmation from HCD. The council and commission generally signaled concurrence with that direction. Staff also committed to refine outreach so that property owners and residents are better informed about parcel status under SB79.

What remains uncertain

Staff said an "alternative plan" (reallocating SB79 unit capacity across the city) would require amending Ordinance 1284 (which now requires voter approval for upzoning) and substantial technical work; that pathway is not feasible unless Council pursues repeal of 1284 and the voters agree.

Reported numbers and sources

- Approximately 1,600 parcels identified as SB79-eligible on staff's map (staff presentation). - 136 parcels identified for a sea-level-rise temporary exemption (staff presentation). - Up to ~420 parcels could be eligible for the high-density temporary exemption, though staff does not intend to pursue that exemption now.

The city will bring a draft ordinance to future hearings for formal action if the council continues to support the staff recommendation.