Planner briefs Heritage Preservation Commission on SB79; Murphy Station historic district excluded pending state review

Planner Asta Vashish told the Sunnyvale Heritage Preservation Commission on July 1 that SB79 — the Abundant and Affordable Homes Near Transit Act — took effect that day and requires local jurisdictions to allow certain higher‑density residential projects within a half‑mile of transit through a nondiscretionary process.

"This is a landmark bill which was signed by Governor Nuome last year in October and it requires local jurisdiction to allow high‑density residential projects that are within half a mile of a transit‑oriented development stop through a nondiscretionary process," Vashish said. She described eligibility thresholds (projects of five or more units, a baseline minimum density of 30 dwelling units per acre, a maximum habitable area of 1,750 square feet per unit) and additional requirements such as below‑market‑rate housing provisions, anti‑displacement protections, and labor standards for buildings taller than 85 feet.

Vashish said SB79 applies in Sunnyvale to projects within a half‑mile of Caltrain and VTA light‑rail stations and that the law uses a tiered approach to allowable height and density depending on proximity to the station. For example, she said, sites adjacent to a tier‑one stop can be permitted up to about 160 dwelling units per acre with heights up to roughly 95 feet, while sites farther from a stop are subject to lower density and height limits.

Commissioners focused questions on how SB79 interacts with local historic protections. Vashish explained the city amended Sunnyvale Municipal Code chapter 19.96 to exclude the Murphy Station Heritage Landmark Historic District from SB79’s default permissions and said that exclusion remains effective until the adoption of the seventh housing‑element cycle (about Jan. 1, 2031). "This amendment went through planning commission hearing on April 13 and city council hearing on May 5. So it was adopted and this is currently under HCD's review," she said.

On enforcement and review, staff confirmed that if Sunnyvale adopts an ordinance it must undergo review by the California Department of Housing and Community Development (HCD); absent an ordinance, SB79’s default provisions would apply. Staff also said that choosing an alternative transit‑oriented development plan that lowers density for protected resources would require the city to show compensatory capacity elsewhere.

Why this matters: SB79 lowers some local discretionary controls near transit stops, increasing the number of sites that can be developed at higher density. The commission’s action to exclude a single designated historic district leaves the city balancing preservation goals and state housing objectives; staff said the ordinance is now with HCD for review and the commission will receive follow‑up information on targeted questions (for example, whether safe‑parking areas or RV parking would be covered under SB79).

Next steps: staff said they will follow up with commissioners on specific questions raised at the meeting and continue evaluating options such as an alternative transit‑oriented development plan and other measures to preserve commercial and retail uses within the Morett Park specific plan area.