The City of Lafayette is encouraging our 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 Mayor Susan Candell.
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.
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 Councilmember Jim Cervantes.
SB 79 is expected to 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, the 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.
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.
If you are concerned about SB79 allowing high density development in evacuation zones for neighborhoods with heightened wildfire hazards, please write to your State Representatives today!
Call to Action: Write Your State Representatives Today!
You are encouraged to contact your State representatives before Thursday, August 28, 2025 to voice your concerns about the lack of evacuation safety considerations in SB79’s blanket approach to development around transit locations.
Send emails today to:
- California Assembly Appropriations Committee at [email protected]
* Please note that any written testimony submitted to the committee is considered public comment and may be read into the record or reprinted.
- Senator Tim Grayson (9th District) via website form
- Assembly Member Rebecca Bauer-Kahan (District 16) via website form
Feel free to customize the sample letter below.
subject: We urge you to oppose Senate Bill 79 (Weiner)
Dear (Legislator),
We urge you to oppose Senate Bill 79 (Weiner) which will allow developers to build multi-story buildings in at risk neighborhoods that are in evacuation zones which include High or Very High Fire Hazard Severity Zones.
Lafayette’s recently certified Housing Element clearly demonstrates our City’s ability to meet the State’s housing mandate at every level of affordability without the need for SB 79.
I feel:
- California communities are already thoughtfully planning to add denser housing around transit or other amenities through their Housing Element plans without the need for SB 79.
- SB 79 currently does not take into account neighborhoods in High or Very High fire hazard areas with limited emergency evacuation routes for residents.
- SB 79 should be amended to exempt designated evacuation zones which include High or Very High Fire Hazard Severity Zones if they overlap with the SB 79 TOD area.
We ask for your leadership in opposing SB 79 unless amended to remove evacuation zones serving neighborhoods in High or Very High Fire Hazard Severity Zones from the bill.
Thank you,
(Your name)
FYI: Fire Hazard Severity Zones and Evacuation Route Terminology
What are Fire Hazard Severity Zones? Cal Fire recommended new Fire Hazard Severity Zones earlier this year that were then adopted by Contra Costa County Fire Protection District (the fire protection service provider in Lafayette.) Fire Hazard Severity Zones fall into three classifications: Moderate, High and Very High based on factors that influence the severity of wildfire likelihood and wildfire behavior.
What are Evacuation Zones? Localities use Evacuation Zones to facilitate evacuation orders and aid first responders. Both the Contra Costa Fire Protection District and the Moraga Orinda Fire District use Genasys Protect (formerly Zonehaven) evacuation zones that were developed with input from local first responders.
