Contra Costa is exempt from new law to spur housing. Will Richmond build anyway?

A new state law to create more high-density housing near transit stops by overriding local zoning restrictions may add housing units in San Diego, Los Angeles, Silicon Valley and the Bay Area, but will completely bypass Contra Costa County. 

Though the law, which was signed by Gov. Gavin Newsom Friday, does not apply, “that doesn’t mean the goals of providing more housing, especially near transit, will not be achieved,” said John Kopchik, director of the county’s Conservation & Development Department. “In fact, the county has demonstrated a past and present commitment to these goals.”

Kopchik said the county has pursued dense development in partnership with BART and others since the 1980s and approved 380 low-income units near the Pittsburg/Bay Point BART Station in 2022. However, the units have yet to be built due to lags in funding. 

The new law exempts any city and county with less than 16 major transit stops — a carve-out affecting Contra Costa County that was introduced when the law was reviewed in the Assembly last month. That has left housing advocates wondering if Contra Costa’s cities will be overlooked by developers.

“Amid the throes of a devastating housing crisis that punishes the Bay Area every day with higher prices and destitute poverty, it’s definitely a loss for Richmond and Contra Costa County more broadly to be excluded from the bill,” said Marc Vukevich, director of state policy at Streets for All, which advocates for public transit and safer streets. 

Richmond is badly in need of housing near its BART stop, as many transit-related projects have halted. The city is hoping to add 3,614 new housing units by 2031, but has historically underperformed, meeting just 33% of the Regional Housing Needs Allocation goals and zero percent for moderate-income units between 2015–2021, according to city planning reports. 

Proponents of the law hope it will help address California’s housing affordability crisis. State Sen. Scott Wiener introduced the bill in January, saying it “tackles the root causes of California’s affordability crisis … bolstering transit use, slashing climate emissions, and supporting public transportation in the process.”

Contra County assemblymembers Buffy Wicks, Lori D. Wilson and Anamarie Ávila Farías all supported the bill. Assemblymember Rebecca Bauer-Kahan abstained after receiving pushback from Lafayette and Orinda leaders who voiced concerns about fire evacuation.

“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,” Lafayette Mayor Susan Candell said in an Aug. 21 post on the city website. 

Richmond leaders are taking a different political route than their neighbors, pledging to build tall near transit anyway. 

“Even though the law is not applying to Richmond, Richmond is still applying the law to ourselves,” Vice Mayor Cesar Zepeda said. 

Richmond Planning Manager Avery Stark said the city is working to streamline the process so that its growth plans turn into actual built units and “a fuller range of housing types.” 

“We’re still below plan targets,” Stark said. “Production lags where sites are fragmented, infrastructure is older, or financing is challenging.”

In Richmond, growth has been slow going. At 12th Street and Macdonald Avenue, a planned 236-unit development fell apart after the 2008 recession, leaving two vacant blocks in legal limbo. Though up to 750 units are now proposed, the site has remained undeveloped for almost two decades.

And another transit development stalled in March: Metrowalk II, a 150-unit affordable housing project near Richmond BART, was held up when the developer had trouble securing a tax credit. Initially set to begin in 2026, the project also includes BART upgrades. 

And Richmond’s Housing Authority has struggled to keep scarce low-income housing open and livable. Hacienda, a public housing complex for seniors and disabled people, was neglected for years before being released to a nonprofit, according to published reports. 

Vernon Whitmore, executive director of the Richmond Chamber of Commerce, has seen many missed opportunities since he arrived in 1990. Lack of housing stunts economic development, Whitmore said, hindering tax base growth and the population’s spending power. 

“We need more housing,” Whitmore said. 

Alfred Twu, Berkeley Rent Board commissioner and planning commissioner, expressed concern about Richmond being grouped into broader Contra Costa County opposition to growth, keeping the wealthiest areas (including Orinda, Lafayette, Moraga, and Alamo) out of reach for most Bay Area workers. 

Twu warned developers might “skip over the whole county unless the city does some self promotion.”

Twu and other planning officials said Richmond struggles to attract housing investment. It’s further from major job centers than cities like Berkeley or Oakland, yet construction costs are similar. As a result, developers prefer building in areas where returns are higher. High interest rates are only compounding the issue. 

Neighboring El Cerrito is moving on a major housing complex near public transit. Developers are breaking ground on a 743-unit housing project  in November at El Cerrito Plaza BART station, and in September, the city council unanimously approved a reduction in fees for four near-ready housing projects.

“It’s up to the cities what impact this carve-out has,” said Rebecca Saltzman, El Cerrito city councilmember and former BART director. “Our cities can continue to lead on housing development, whether state law changes or not.”

---

Richmond’s celebration of Indigenous culture showcases dance and art, but lacks Ohlone representation