Lafayette Says SB79 Pushes Transit Hub Development Over Risk Posed By Wildfires

From the City of Lafayette:

Lafayette CA: The City of Lafayette is encouraging residents and local businesses to voice their concerns about the lack of evacuation safety measures in Senate Bill 79’s blanket approach to development around transit locations.

SB 79 (Wiener) would establish statewide transit-oriented development (TOD) zoning standards for properties near major transit stops (such as BART stations). The standards vary by County. In Contra Costa County developments that meet SB 79’s requirements would:

Qualify for ministerial approval with no public review.
Allow 80 units/acre and up to 55 foot tall buildings within ¼ mile of BART property.
Allow 60 units/acre and up to 35 foot tall buildings in areas further than ¼ mile but within ½ mile of BART property. (In Lafayette, this includes the Happy Valley and Glen neighborhoods to the north of the station and Moraga Boulevard and Brook Street neighborhoods to the south.)
Be allowed on any residential, mixed-use, or commercial property if the project complies with the tiered development criteria in the legislation.
Be allowed to build 100% market-rate units for developments of 10 units or less, with no requirements to build below-market rate or affordable housing.

“While we support California’s housing goals and are committed to seeing new residential development in proximity to the BART station, SB79’s statewide blanket approach does not account for unique local safety hazards such as narrow hillside roads and steep topography that have been locally identified as evacuation routes,” said Lafayette Mayor Susan Candell.

Today, the City of Lafayette encouraged community members who are concerned about SB79 allowing high density development in evacuation zones for neighborhoods with heightened wildfire hazards to write their State Representatives before Thursday, August 28, 2025. On their website, the City provided a sample letter and contact information for the California Assembly Appropriations Committee, Senator Tim Grayson (9th District) and Assembly Member Rebecca Bauer-Kahan (District 16).

In Lafayette, studies have estimated that evacuation times during a disaster such as a wildfire may exceed one hour, particularly for neighborhoods with steep, narrow roads and limited egress options to evacuate during a disaster. Increased density in these areas will add to the evacuation times, thereby placing residents at serious risk during emergencies such as a wildfire. Although Lafayette and Orinda are the only BART stations in Contra Costa County located in such compromised evacuation areas, there may be other communities elsewhere in the State with similar risks.

The Lafayette City Council’s legislative subcommittee has been working on this issue for months. In April, the City sent a letter to Sen. Weiner opposing the bill because SB79 would disregard state-certified housing elements and give land use authority to transit agencies like BART without regard to the community’s needs, environmental review, or public input. In June, the subcommittee visited Sacramento to highlight for legislators the proximity of high fire zones in neighborhoods near the Lafayette BART station.

“We support denser housing in the downtown but are deeply concerned that SB 79 promotes higher-density housing in designated evacuation zones that already have significant evacuation challenges due to narrow roadways and steep terrain,” said Lafayette Councilmember Jim Cervantes.

SB 79 may be heard by the Assembly Appropriations Committee on Friday, August 29 and apparently has a significant momentum. To address the very real fire risk issues, Lafayette’s legislative subcommittee has offered an amendment to exempt evacuation zones within SB 79’s TOD area that include High or Very High and High Fire Hazard Zones.