CED Committee February 24, 2026
AGENDA REPORT TO: Jestin D. Johnson FROM:William GilchristCity Administrator Director Planning and Building Department SUBJECT:Senate Bill 79 Planning Code Implementation Ordinance DATE:January 26, 2026 City Administrator Approval Date: RECOMMENDATION Staff Recommends That The City Council Conduct A Public Hearing And, Upon Conclusion, Adopt An Ordinance As Recommended By The Planning Commission: 1) Amending Title 17 Of The Oakland Municipal Code (The Planning Code) To Add Chapter 17.86 S-8 Abundant and Affordable Homes Near Transit (Senate Bill 79) Combining Zone Regulations Identifying Sites Eligible And Ineligible Or Excluded From The Senate Bill 79 Property Development Standards; 2) Making Related Oakland Zoning Map Amendments to Designate Parcels Within The S-8 Combining Zone And To Identify Whether Such Designated Parcels Are Eligible For Or Excluded From The Senate Bill 79 Property Development Standards; And 3) Making Appropriate California Environmental Quality Act Findings. EXECUTIVE SUMMARY State law Senate Bill (SB) 79 (the Abundant and Affordable Homes Near Transit Act,) was signed by the Governor on October 10, 2025, and will go into effect on July 1, 2026. As of that date, areas within ½ mile of each transit stop will be designated as a transit-oriented development (TOD) zone and any parcels within the designated TOD zones could vest for development using higher density standards for specific eligible uses. The City of Oakland (City) studied 48 designated TOD zones located throughout the downtown and along International Blvd. The parcels within these TOD zones that are zoned for residential, mixed - use and commercial activities will be eligible for higher density development based on SB 79 regulations. SB 79 also includes provisions allowing cities to exclude some of these parcels from the SB 79 requirements. An exclusion would suspend implementation of the new standards in qualifying areas and allow the substitution of existing Oakland zoning until 2032, one year after the next Jestin Johnson (Feb 12, 2026 18:50:30 PST)
Feb 12, 2026
Jestin D. Johnson, City AdministratorSubject: Senate Bill 79 Planning Code Implementation Ordinance Date: January 26, 2026 Page 2 CED Committee February 24, 2026
state-required update to the City’s Housing Element. In the absence of adopted exclusions, SB 79, once effective, would override local zoning wherever it does not comply with new state requirements in TOD areas, thereby allowing higher density development in neighborhood areas where the existing zoning might appropriately qualify for exemption. Staff reviewed the requirements for exclusions and prepared Planning Code (see Ordinance Exhibit A) and Zoning Map Amendments to adopt several exclusions and implement the SB 79 provisions for properties that remain eligible for the SB 79 standards. Adoption of the exclusions under these proposed amendments would give the City additional time to plan for the increased density as part of the current General Plan Update Phase 2 and to consider alternative TOD plans that are better informed by the local context of the surrounding Oakland neighborhoods. BACKGROUND / LEGISLATIVE HISTORY The impetus for this work program is the recent adoption of State law SB 79 (the Abundant and Affordable Homes Near Transit Act,), which increases density, height, floor area ratios and potential concessions for new housing development within the ½ mile area surrounding designated transit stops, defined as Transit Oriented Development (TOD) zones. Applicability to Oakland: Oakland has 8 BART stations, and 38 Bus Rapid Transit (BRT) stops in the City limits along the AC Transit Tempo line, running from International Boulevard to Downtown, that qualify as SB 79 TOD zones. Transit stops are categorized as Tier 1 (BART) or Tier 2 (BRT Tempo). One additional Tier 1 transit stop (Ashby BART Station) is outside City limits but some parcels within its ½ mile TOD Zone are within Oakland City limits. This brings the total number of Tier 1 TOD Zones studied to 9. Similarly, one additional Tier 2 transit stop, BRT Tempo’s Durant Ave stop is outside City limits but some parcels within the ½ mile TOD Zone reside within City limits. This brings the total number of Tier 2 TOD Zones studied to 39. Table 1 Tiers of Transit Oriented Development Stops in Oakland Tier Types of Transit Applied to Oakland Tier 1 Heavy RailVery high frequency commuter rail All BART Stations Tier 2 Light Rail TransitHigh-frequency commuter rail Bus Rapid Transit (BRT) AC Transit Tempo Standards The standards mandated by SB 79 regulations depend on both the Tier classification of the transit stop and the distance from the TOD stop’s entry. These new standards are summarized below. Local governments will be prohibited from imposing height limits and maximum density requirements that are less than those specified by SB 79 for projects within the specified distance of a Tier One or Tier Two TOD stop unless specific exclusions are adopted by ordinance ninety days prior to July 1, 2026 to allow sufficient time for State Jestin D. Johnson, City AdministratorSubject: Senate Bill 79 Planning Code Implementation Ordinance Date: January 26, 2026 Page 3 CED Committee February 24, 2026
review and local implementation. Moreover, SB 79 projects will be able to apply the State density bonus on top of the SB 79 overriding densities listed below with allowed concessions and waivers for additional height and relaxations for setbacks, open space, etc., creating still greater density for the eligible sites than SB 79 or the State density bonuses alone would provide. Table 2: SB 79 Density Standards SB 79 Range Height Limit* Max Density Floor Area Ratio Tier 1- Adjacent (200’) 95 feet160 du/ac4.5 Tier 1 - Quarter mile 75 feet 120-du/ac 3.5Tier 1- Half mile65 feet 100 du/ac3 Tier 2 - Adjacent (200’) 85 feet140 du/ac4 Tier 2 - Quarter mile 65 feet 100 du/ac3 Tier 2 - Half mile55 feet 80 du/ac2.5*Projects may be up to the height permitted by SB 79, or up to the local height limit, whichever is greater See Ordinance Exhibit B Maps 1-48 of Tier 1 and 2 TOD Zones. Exclusions SB 79 allows local jurisdictions to adopt exclusions, based on specific criteria, that provide flexibility for cities like Oakland that already have substantial zoned capacity in their designated TOD zones. Some exclusions apply to individual parcels while others apply to entire TOD zones. An adopted SB 79 exclusion would suspend implementation of the standards summarized in Table 2 and allow the substitution of existing Oakland zoning until 2032, one year after the next required update to the Housing Element. New regulations consistent with SB 79 aggregate densities would be required prior to the expiration date of 2032 to maintain local tailoring of SB 79’s application. Alternative Plan SB 79 regulations also allow development of an Alternative Plan (Gov. Code § 65912.161(a) It is not feasible to prepare and review an Alternative Plan because of its complexity prior to the SB 79 effective date of July 1, 2026, so that option is not being considered currently. Adoption of exclusions prior to the SB 79 effective date would give the City the opportunity to consider an Alternative Plan in the future: An Alternative Plan would need to accommodate the overall aggregate density mandated by SB 79 for TOD zones; The Alternative Plan could replace the default height and density increases surrounding Tier 1 and Tier 2 TOD stops; and Jestin D. Johnson, City AdministratorSubject: Senate Bill 79 Planning Code Implementation Ordinance Date: January 26, 2026 Page 4 CED Committee February 24, 2026
The Alternative Plan could allow for a more tailored density and height approach based on local development priorities, neighborhood character, and land use conditions. Planning Commission Recommendation A public hearing was conducted by the Planning Commission on February 4, 2026. The Planning Commission reviewed the proposed amendments and the analysis of qualified exclusions for the designated TOD Zones as set forth in the proposed Planning Code amendments. The Planning Commission unanimously recommended that the City Council approve the proposed Planning Code Amendments as stated below: Recommend that the City Council Conduct A Public Hearing And, Upon Conclusion, Adopt An Ordinance: 1) Amending Title 17 Of The Oakland Municipal Code (The Planning Code) To Add Chapter 17.86 S-8 Abundant and Affordable Homes Near Transit (Senate Bill 79) Combining Zone Regulations Identifying Sites Eligible And Ineligible Or Excluded From The Senate Bill 79 Property Development Standards; 2) Making Related Oakland Zoning Map Amendments to Designate Parcels Within The S-8 Combining Zone And To Identify Whether Such Designated Parcels Are Eligible For Or Excluded From The Senate Bill 79 Property Development Standards; And 3) Making Appropriate California Environmental Quality Act Findings. With the following recommendations (for changes in the Planning Code, additions are shown in underline and deletions in strikeout): a. Revise proposed Section 17.86.010, paragraph 2 as follows: “These The exclusions included in Section 17.86.060 are valid until January 31, 2032, or one year following the adoption of the seventh revision of the City of Oakland Housing Element, or adoption of a local transit-oriented development alternative plan, whichever occurs first.”b. Remove Maps 1-3 from Attachment D [Exclusion 1] and revise Section 17.86.060.A to include "Not including sites within 1/2 mile of Ashby, MacArthur, and Rockridge BART stations." (for clarity, these maps are contained in Exhibit C of the Ordinance and the maps recommended to be removed are maps 1 – 3 in Exhibit C) c. Recommend that the City Council direct the City Administrator to present a local alternative plan to the City Council within one year of adoption of a comprehensive amendment to the City of Oakland Land Use and Transportation Element. Staff concurs with the Planning Commission recommendations a and c addressing the timeline for exclusions and the development of a local alternative plan but disagrees with recommendation b of removing maps from Exclusion 1. Staff recommends that the City Council consider retaining Exclusion 1 for sites within 1/2 mile of Ashby, MacArthur, and Rockridge BART stations for the following reasons.
Jestin D. Johnson, City AdministratorSubject: Senate Bill 79 Planning Code Implementation Ordinance Date: January 26, 2026 Page 5 CED Committee February 24, 2026
o The exclusions provided in SB79 give cities additional time to develop alternative local plans. They are not permanent “exclusions”. o Exclusions allow the continuation of existing Oakland zoning after July 1steffective date for a limited time. o They only apply to areas eligible based on specific criteria established in the State law. The proposed exclusion for the Ashby, MacArthur, and Rockridge TODs includes a small portion of parcels that are already zoned for density that achieves at least 50% of SB79 requirements. o The majority of parcels are covered by SB 79 standards on the effective date because a large portion of parcels contain single-family homes and therefore have densities below the 50% requirement of SB 79 and therefore cannot be excluded from the requirements. This is despite some recent upzoning during the Housing Element. o But, many of the proposed excluded parcels that exceed the 50% density of SB 79 standards already have Oakland zoning that is around the same density required by SB79 that is 160 dwelling units per acre if within 200 feet of a BART station, 120 dwelling units per acre within the ¼ mile of a BART station, or 100 dwelling units per acre if between ¼ mile and ½ mile of a BART station.. The General Plan update work program is underway with a target adoption date of late Spring 2027 and is already considering upzoning in these areas. An alternative plan is being developed as part of the GPU with implementation of the alternative plan to follow soon after its adoption. The exclusions option for these areas gives the City time to engage the community in the alternative plan process and to consider where higher and lower densities can be applied to achieve the aggregate density required under SB 79 and still address local issues. Staff recommends that this process listed above be available to all communities with eligible TOD parcels. Project Description The proposed ordinance adds Chapter 17.86 to the Oakland Planning Code. It includes provisions to bring the Planning Code into conformance with SB 79 and provisions to adopt qualified exclusions to the new SB 79 development standards. A new S-8 Combining Zone. The project proposes an ordinance amending the Planning Code to add a new S-8 Abundant and Affordable Homes Near Transit (Senate Bill 79) Combining Zone to implement the SB 79 regulations. (See Ordinance Exhibit A S-8 Abundant and Affordable Homes Near Transit (Senate Bill 79) Combining Zone Regulations in proposed new Planning Code Chapter 17.86). Testing for Applicable Exclusions. The proposal analyzes three exclusions that satisfy the required SB 79 exclusion criteria. Exclusion 1. Allows exclusion of sites when existing zoning allows density and residential floor area ratios at no less than 50 percent of the standards specified in SB 79. (Gov. Code Sec. 65912.161(b)(1)(A)).
Jestin D. Johnson, City AdministratorSubject: Senate Bill 79 Planning Code Implementation Ordinance Date: January 26, 2026 Page 6 CED Committee February 24, 2026
Exclusion 2. Allows exclusion of sites in a TOD zone that is primarily a low-resource area1 and has Oakland zoning densities that allow for at least 40 percent of the aggregate density allowed for the TOD zone as specified in SB 79. (Gov. Code Sec. 65912.161(b)(1)(B)(ii)). Exclusion 3. Allows exclusion of sites in a TOD zone where the parcel includes a historic resource designated as of January 1, 2025, on a local register. (Gov. Code Sec. 65912.161(b)(1)(F)). ANALYSIS AND POLICY ALTERNATIVES The proposed Ordinance to implement SB 79 and adopt applicable exclusions to this new state law meets the Citywide priority of a responsive trustworthy government because it will provide the City the time needed to carefully analyze the exclusions during the current General Plan Update process to consider exactly which areas within the SB 79 TOD Zones have the potential to be upzoned. SB 79 goes into effect on July 1, 2026. As of that date, any parcels within the designated TOD zones could vest for development using SB 79’s higher density standards. The City may not apply lower development standards to eligible parcels after July 1st unless qualified exclusions are adopted by ordinance and go into effect prior to that date. The State HCD review process for local ordinances implementing exclusions allows for a 90-day review period. Local adoption and submittal to State HCD for their review 90 days prior to SB 79’s effective date of July 1, 2026, will maximize local flexibility and allow the City to respond to any State HCD comments or concerns prior to the SB 79 effective date. If the City decides not to adopt the available exclusions, then parcels within the designated TOD zones would be eligible for development entitlements based on SB 79 development standards starting July 1, 2026. Every parcel that currently has zoning with a maximum density lower than the SB 79 standard would be eligible for higher density development. Generally, neighborhood parcels farther from the TOD stations would be subject to the greatest change and parcels within the high-density core areas would be least affected. The City of Oakland has demonstrated its long-standing policy support for higher density housing development in downtown and other areas served by transit: Since 2013, the City has adopted 6 Specific and Area Plans that have all increased density around the Tier 1 and Tier 2 TOD Zones - including the Central Estuary Plan, Broadway Valdez District Specific Plan, West Oakland Specific Plan, Coliseum Area Specific Plan, Lake Merritt Station Area Plan, and Downtown Oakland Specific Plan. The City’s downtown core areas around transit stops already have an aggregate capacity for housing that is two to three times above SB 79 requirements. 1 A low-resource area is a designation created by the State of California Tax Credit Allocation Committee and Department of Housing and Community Development as a component of the state opportunity area maps. The State first created the opportunity maps in 2017 to inform how to award low-income housing tax credits and have since annually updated the maps. The opportunity maps score neighborhoods across eight economic and educational indicators, plus one environmental burden indicator, and designate areas as low-, moderate-, high-, and highest-resource depending on the score relative to other neighborhoods in the same region.
Jestin D. Johnson, City AdministratorSubject: Senate Bill 79 Planning Code Implementation Ordinance Date: January 26, 2026 Page 7 CED Committee February 24, 2026
These Specific Plan adoptions and Housing Element rezonings are the reason Oakland’s zoning in all of the low resource area TOD zones exceeds 40% of the SB 79 capacity and in many cases, it exceeds 100% of the SB 79 aggregate densities. Adopting the allowed exclusions for SB 79 qualified properties and suspending implementation of the SB 79 development standards until as late as 2032, one year after the next required update to the Housing Element, would allow the City to carefully plan for the required density during the current Land Use and Transportation Element General Plan Update and the next Housing Element Update, to develop an Alternative Plan. If the City adopts the allowed exclusions for SB 79 qualified properties, sites in a TOD zone would continue to be developed under existing zoning on an interim basis until the City adopted new standards consistent with SB 79. Properties that do not meet the qualifications for an exclusion under SB 79 would be able to utilize the densities allowed under SB 79. Staff recommends adoption of three exclusions based on analysis of how SB 79 effects Oakland development capacity and current planning policies and work programs. Development Capacity in Transit Zones subject to SB 79 The staff analysis determined that most parcels within the Oakland TOD zones meet the SB 79 density criteria for exclusion. The analysis also determined that the housing capacity allowed by current zoning meets the required SB 79 thresholds to allow adoption of the exclusions and maintain significant capacity in the short term. o For parcels in TOD zones subject to Exclusion 1, existing zoning provides 50% of the SB 79 capacity. o For TOD zones subject to Exclusion 2, staff analysis determined that out of a total of 48 TOD Zones (9 Tier 1 Zones and 39 Tier 2 Zones): 6 Tier 1 TOD Zones are within a low resource area and 3 Tier 1 TOD Zones are not within a low resource area; All of the Tier 2 TOD Zones are within a low resource area; All of the 6 Tier 1 TOD Zones and the 39 Tier 2 TOD Zones that are within a low resource area exceed the aggregate 40% densities required by SB 79; 4 Tier 1 TOD Zones exceed the SB 79 aggregate densities by 190% to 307% and the other 2 Tier 1 TOD Zones at 70% and 72% aggregate densities of SB79; 14 Tier 2 TOD zones exceed the SB 79 aggregate densities by 142% to 417% and the remaining TOD Zones range from 46% to 95% of the aggregate densities of SB 79. This density capacity allowed by current zoning gives the City the option to apply the exclusions that are available by State Law and plan more carefully for TOD areas during the General Plan Update. General Plan Update The City is currently engaged in an ongoing, robust General Plan Update. In Fall 2021, the City of Oakland kicked off a two-phased process to update the General Plan, a visionary blueprint for the City’s future development over the next 20 years. With this 2045 General Plan Update (GPU), the City’s goal is to advance its commitment to creating a “fair and just” city (Oakland Municipal Code Section Jestin D. Johnson, City AdministratorSubject: Senate Bill 79 Planning Code Implementation Ordinance Date: January 26, 2026 Page 8 CED Committee February 24, 2026
2.29.170.1) and undo past harms and inequities through implementing more robust and equitable goals, policies, and actions related to the City’s physical development. GPU Phase 1 was completed in 2023 and included updates to the Housing Element and Safety Element, and adoption of the City’s first Environmental Justice Element (EJ Element). GPU Phase 1 resulted in upzoning in many areas of the City and demonstrates City support for increased housing capacity. Phase 2 of the General Plan Update is currently underway. It includes updates to the Land Use and Transportation Element (LUTE) that will evaluate additional density in areas subject to SB 79. Adoption of Phase 2 of the General Plan Update is anticipated in late Spring of 2027. The recommended exclusions will give the City time needed to carefully analyze during the current General Plan Update process exactly which areas within the SB 79 TOD Zones have the potential to be upzoned and to further implementation with community input. o City Staff anticipates a comprehensive review to evaluate where upzones are appropriate within TOD Zones. A fine-grained approach would consider where higher and lower densities can be applied to achieve the aggregate density required under SB 79 and still address local issues. The land subject to SB 79 is a large area of the City that has very different land uses, neighborhoods, and existing building scales. All types of land uses could be considered (not just housing). Different types of transportation modes could also be considered (such as walking, biking, and bus services with less frequencies). The review would also evaluate how the denser housing could support neighborhoods and consider issues such as: Whether additional neighborhood amenities, such as day and nighttime use and neighborhood services, could be supported. Whether specific changes in low resource areas are consistent with the goals of the City’s EJ Element. Staff also wants to incorporate the public feedback received from Phase 1 of the GPU as well the continued feedback from GPU Phase 2 to then look at creating an alternative plan for SB 79 implementation. o Applying the exclusions that are available by State Law, will give staff the time to go through this public engagement process and review these TOD Zone areas more comprehensively. If the City decides not to adopt the available exclusions, parcels within the designated TOD zones would be eligible for development entitlements based on SB 79 development standards starting July 1, 2026. The parcels that currently have zoning with maximum densities lower than the SB 79 standard would be eligible for higher density development. Generally, neighborhood parcels farther from the TOD stations would be most affected and parcels within the high-density core areas would be least affected.
Jestin D. Johnson, City AdministratorSubject: Senate Bill 79 Planning Code Implementation Ordinance Date: January 26, 2026 Page 9 CED Committee February 24, 2026
Exclusion AnalysisSB 79 allows the following exclusions, based on specific criteria, that provide flexibility for jurisdictions that already have substantial zoned capacity in the designated TOD zones: Exclusion 1 Criteria: This exclusion applies to sites within a zoning designation permitting density and residential floor area ratio (FAR) at no less than 50 percent of the development standards specified under SB 79, Government Code Section 65912.157(a). This exclusion applies to any parcel with sufficient density in any TOD zone, including high resource TOD zones such as MacArthur, Rockridge and the Ashby BART Station TOD parcels within Oakland City limits. Application of this exclusion requires evaluating how Oakland zoning designations compare to the density and residential FAR standards provided in SB 79 (See Table 2 above). If a zoning designation’s development standards for density and residential FAR exceed 50 percent of the SB 79 standard for the TOD zone, then all parcels with that Oakland zoning designation may be excluded. Oakland already provides for high levels of density. As a result, many existing zoning designations qualify for this exclusion. However, lower density residential designations like RH (Hillside Residential), RD (Detached Residential), and RM (Mixed Housing Type Residential), which are prevalent throughout Oakland’s residential neighborhoods, do not qualify. SB 79 defines residential FAR to mean the ratio of net habitable square footage dedicated to residential use to the area of the lot. For example, if local zoning allows residential development to occur with full coverage of the lot with no setback requirements and allows for three stories of development, then the residential FAR would be 3.0. Most Oakland zoning designations do not include a residential FAR requirement. The few that do are for low density hillside designations, which do not qualify for this exclusion. In the absence of residential FAR standards, staff relied on standards for maximum number of stories to confirm that a residential proposal could exceed 50 percent of SB 79 residential FAR standards. Staff also evaluated setback requirements to ensure that setbacks would not constrain the ability to exceed SB 79 residential FAR standards. The zoning designations identified as qualifying for this exclusion also do not impose any maximum lot coverage standards. Analysis of existing zoning within all TOD zones confirmed that parcels in the following Oakland zoning designations allow for densities exceeding 60 dwelling units per acre and allow for residential FAR in excess of 1.75 FAR, and therefore are eligible for exclusion if within one quarter mile of a Tier 1 TOD Station: Urban Residential RU-3, RU-4, and RU-5 Neighborhood Commercial CN-1, CN-2, CN-3, CN-4 (all height areas except 35*) Community Commercial CC-1, CC-2, CC-3 (all height areas) Regional Commercial CR-2 (all height areas) Jestin D. Johnson, City AdministratorSubject: Senate Bill 79 Planning Code Implementation Ordinance Date: January 26, 2026 Page 10 CED Committee February 24, 2026
Housing and Business Mix HBX-3 and HBX-4 Medical Center Commercial S-1 Transit-Oriented Development Commercial S-15 and S-15W (all height areas) Oak-to-Ninth District D-OTN Broadway Valdez District D-BV-2, D-BV-3, D-BV-4 (all height areas except 45*) Central Estuary District D-CE-3 and D-CE-4 Lake Merritt Station Area District D-LM (all height areas) Coliseum Area District D-CO-1, D-CO-2 Downtown District D-DT-P, D-DT-C, D-DT-CX, D-DT-R, D-DT-RX and D-DT-CPW (all height areas except Height Area 1, Height Area 2, Height Area 5, and Height Area 12). In addition to all of the zoning designations listed above, parcels in the following Oakland zoning designations allow for densities exceeding 50 dwelling units per acre and allow for residential FAR in excess of 1.5 FAR, and therefore are eligible for exclusion if further than a quarter mile but within one-half mile of a Tier 1 TOD Station: Urban Residential RU-2 Housing and Business Mix HBX-2 The density and residential floor area ratio standards for parcels within one-quarter mile of a Tier 2 TOD Station is also 50 dwelling per acre and 1.5 FAR, and therefore the list of zoning designations excluded is the same as for parcels between a quarter mile and one-half mile of a Tier 1 TOD Station. In addition to all of the zoning designations listed above, parcels in the following Oakland zoning designations allow for densities exceeding 40 dwelling units per acre and allow for residential FAR in excess of 1.25 FAR, and therefore are eligible for exclusion if further than a quarter mile but within one-half mile of a Tier 2 TOD Station: Urban Residential RU-1 Housing and Business Mix HBX-1 Height Area 5 of Downtown District D-DT-P, D-DT-C, D-DT-CX, D-DT-R, D-DT-RX, D-DT-CPW See Attachment A for further analysis of the applicable density for Oakland zoning designations and comparison to SB 79 standards for purpose of evaluation of Exclusion 1. See Ordinance Exhibit C Maps of all Parcels Qualified for Exclusion 1 with Zoning Designations allowing 50% of SB 79 Capacity. Exclusion 2 Criteria: This exclusion applies to an entire TOD Zone if the aggregate density of the Oakland zoning allows no less than 40 percent of the aggregate density allowed by SB 79. Gov. Code Section 65912.161(b)(1)(B)(ii). Applies only to low resource areas. Evaluates density calculated for each parcel in a TOD zone based on lot size and density/acre. Densities are designated for each of 3 geographical areas around the transit stop (See Table 2) the core area (200 feet), the area ¼ mile for the stop, and Jestin D. Johnson, City AdministratorSubject: Senate Bill 79 Planning Code Implementation Ordinance Date: January 26, 2026 Page 11 CED Committee February 24, 2026
the area ½ mile from the stop. The aggregate density is the total zoning capacity for housing across all of the parcels in each of these three areas. To determine qualification for exclusion, the aggregate density for the entire TOD Zone under Oakland density is summarized as a percentage of SB 79 density. Analysis for Tier I TOD Zones: The entirety of the Tier 1 TOD Zones in low resource areas that allow residential, mixed use and/or commercial use qualify for exclusion. The aggregate density for all eligible parcels in these Tier 1 TOD Zones exceeds 40% of the required SB 79 density. This includes all eligible parcels in 6 of the 9 Tier I (BART Station) TOD Zones including 19th St, 12thSt/City Center, West Oakland, Lake Merritt, Fruitvale and Coliseum. The aggregate percentages range from 70% at West Oakland BART to 307% for the 12thStreet BART Station. Oakland’s zoning aggregate density exceeds SB 79 requirements in four of the BART Tier 1 TOD Zones for 19thSt, 12th St/City Center, Lake Merritt, and Coliseum. The aggregate percentages range from 190% of SB 79 density at Coliseum BART to 306% for the 12thStreet BART Station. Implications for Tier 1 TOD Zones Without Adoption of Exclusion 2 Because 4 of the Tier 1 TOD Zones already exceed the aggregate density of SB 79, they would meet the requirements of an alternative plan. However, as is the case with many other California jurisdictions, Oakland does not have the time needed to create an alternative plan for all of the SB 79 TOD Zones within the City at this time. Therefore, the exclusions are being used. The densities within these 4 TOD Zones are not uniform as in the SB 79 densities, but more fine-grained to reflect historic districts, such as Old Oakland, and lower density neighborhoods. The additional 2 Tier 1 TOD Zones at West Oakland BART and Fruitvale BART are at 70% and 72% of SB 79 densities. Staff will need additional time and community input to analyze which additional parcels should be upzoned to meet the 100% aggregate density of SB 79 for an alternative plan. Without using the exclusions, the City would lose the opportunity to evaluate and engage public input concerning which areas should be higher density and others lower density in order to meet the 100% aggregate density required by SB 79.
Jestin D. Johnson, City AdministratorSubject: Senate Bill 79 Planning Code Implementation Ordinance Date: January 26, 2026 Page 12 CED Committee February 24, 2026
Table 3 Exclusion 2 Tier I TOD Zones Low Resource Area with Oakland Zoning Density of at Least 40% of SB 79 Density Oakland Tier 1 TOD Zone BART StationsCriteria for Exemption 1) Low Resource Area2) Aggregate Capacity is Greater than 40% of the SB 79 Capacity Oakland Aggregate Capacity in Dwelling Units SB 79 Aggregate Capacity inDwelling Units Low ResourceQualifyingPercentage Map 1. Ashby Parcels in OaklandNo Map 2 Rockridge BART NoMap 3 MacArthur BART No Map 4 19thSt. BART Yes 286.58% 115,921 40,450 Map 5 12thSt BART Yes 306.57% 118,425 36,629 Map 6 West Oakland BART Yes 69.56% 15,913 22,876 Map 7 Lake Merritt BART Yes 253.62% 79,675 31,415 Map 8 Fruitvale BART Yes 72.24% 28,224 39,529 Map 9 Coliseum BARTYes190.39% 68,128 35,784 Attachment B shows a summary of the Density and FAR of Tier 1 TOD Zones by Geographical area and Attachment C shows Data Analysis of Capacity Based on Oakland Zoning Compared to SB 79 Standards in Tier 1 TOD Zones by geographical area for 6 BART Stations Analysis for Tier 2 TOD Zones: All of the 39 Tier 2 TOD zones in low resource areas that allow residential, mixed use and/or commercial use qualify for Exclusion 2. (See Table 4) The aggregate density for all eligible parcels in these TOD Zones is greater than 40% of the required SB 79 density. The percentages range from 46% for the 86th Ave. BRT Tempo stop TOD to 417% for the 14th St. Northbound BRT Tempo stop TOD. It is important to note that 14 of these Tier 2 TOD Zones also exceed SB79 requirements with density ranges from 142% at 5thAve Southbound BRT Tempo stop TOD, to 417% for the 14th St. Northbound BRT Tempo stop TOD. Implications for Tier 2 TOD Zones Without Adoption of Exclusion 2 Because 14 of the Tier 2 TOD Zones already exceed the aggregate density of SB 79, they would meet the requirements of an alternative plan. But the City does not have the time needed to create an alternative plan for all of SB 79 TOD Zones within the City at this time. Therefore, the exclusions are being used. The densities within these 14 TOD Zones are not uniform as in the SB 79 densities, but more fine-grained to reflect historic districts and lower density neighborhoods.
Jestin D. Johnson, City AdministratorSubject: Senate Bill 79 Planning Code Implementation Ordinance Date: January 26, 2026 Page 13 CED Committee February 24, 2026
The additional 25 Tier 2 TOD Zones range from 46% to 95% of SB 79 densities. Staff will need sufficient time and community input to analyze which additional parcels should be upzoned to meet the 100% aggregate density of SB 79 for an alternative plan. Without using the exclusions, the City would lose the opportunity to evaluate and receive public input concerning which areas should be higher density and others lower density in order to meet the 100% aggregate density required by SB 79.
Jestin D. Johnson, City AdministratorSubject: Senate Bill 79 Planning Code Implementation Ordinance Date: January 26, 2026 Page 14 CED Committee February 24, 2026
Table 4 Exclusion 2 Tier 2 TOD Zones Low Resource Area with Oakland Zoning Density of at Least 40% of SB 79 Density Oakland Tier 2 TOD Zone(AC Transit Tempo Stops) Criteria for Exclusion1) Low Resource Area 2) Aggregate Capacity is Greater than 40% of the SB 79 Capacity Oakland Capacity in Dwelling Units SB 79 Capacity in Dwelling Units Low Resource QualifyingCapacity Map 10 Uptown Oakland SB Yes 380.15% 99,812 25,256Map 11 Uptown Oakland NB Yes 410.91% 102,925 25,048Map 12 14thSt. NB Yes 416.55% 110,614 26,555Map 13 14thSt. SB Yes 406.70% 102,037 25,089Map 14 City Center NB Yes 400.18% 100,460 25,104Map 15 City Center SB Yes 376.51% 94,787 25,175Map 16 Harrison St NB Yes414.13% 105,612 25,502Map 17 Harrison St SB Yes 397.25% 101,223 25,481Map 18 Madison NBYes394.12% 86,658 21,998Map 19 Madison St SBYes380.61%89,09823,409Map 20 2ndAve NB Yes195.66% 42,075 21,504Map 21 2ndAve SB Yes 216.23% 45,336 20,967Map 22 5thAve NB Yes 160.02% 37,658 23,533Map 23 5thAve SB Yes 142.25% 33,297 23,408Map 24 10thAve NB Yes 92.00% 20,412 22,186Map 25 10thAve SB Yes 95.38% 17,846 18,710Map 26 14thAve SB Yes 62.97% 10,541 16,739Map 27 14thAve NB Yes 61.20% 11,343 18,533Map 28 20thAve Yes 92,74% 17,119 18,459Map 29 24thAve Yes 75.52% 22,787 30,174Map 30 28thAve Yes 83.56% 27,519 32,934Map 31 31stAve Yes 88.53% 29,712 33,563Map 32 Fruitvale Yes 91.70% 30,515 33,278Map 33 39thAve Yes 91.47% 28,457 31,112Map 34 HighYes 69.52% 18,182 26,153Map 35 48thAve Yes 91.89% 20,11821,893Map 36 54thAve Yes 72.47% 17,225 23,776 Jestin D. Johnson, City AdministratorSubject: Senate Bill 79 Planning Code Implementation Ordinance Date: January 26, 2026 Page 15 CED Committee February 24, 2026
Map 37 Seminary Yes 62.42% 17,444 27,945Map 38 63rdAve Yes 68.82% 23,304 33,864Map 39 67thAve Yes 53.00% 17,385 32,804Map 40 73rdAve Yes 63.71% 22,204 34,850Map 41 77thAve Yes 50.02% 15,958 31,901Map 42 82ndAve Yes 47.79% 15,198 31,801Map 43 86thAve Yes 46.45% 15,783 33,980Map 44 90thAve Yes 47.38% 15,822 33,395Map 45 95thAve Yes 46.69% 15,936 34,135Map 46 98thAve Yes 61.42% 20,567 33,484Map 47 103rd Ave Yes 64.21% 18,335 28,554Map 48 Durant Ave parcels in OaklandYes 66.54% 9,976 14,993 See Attachment D (Summary Qualifying of the Density of Tier 2 TOD Zones and Attachment E Analysis of Capacity Based on Oakland Zoning Compared to SB 79 Standards in Tier 2 TOD Zones for 39 Stops. See Ordinance Exhibit B Maps of all Parcels Qualified for Exclusion 2, TOD Zones Low Resource Area with Oakland Zoning Density of at Least 40% of SB 79 Density. Exclusion 3. This exclusion applies to all parcels with local historic resources within TOD zones, including both high and low resource areas. Some of these parcels also qualify for exclusion under Exclusion 1 and/or 2, However there are historic resources, particularly in high resource areas that only qualify under this Exclusion 3. This exclusion would defer SB 79 regulations applicable to those parcels. See Ordinance Exhibit D Map of Existing Historic Local Register Sites in Tier I and Tier 2 TOD Zones. Criteria: Sites with a historic resource designated on a local register as of January 1, 2025. (Gov. Code Sec. 65912.161(b)(1)(F)) Policy 3.8 of the City of Oakland Historic Preservation Element, an element of the General Plan, defines the Local Register of Historic Resources. The Local Register includes all Designated Historic Properties that include: o All Oakland Landmarks, o All S-7 and S-20 preservation district combining zone properties, o All “Potentially Designated Historic Properties” (PDHP) that have an existing survey rating of “A” or “B” or are located within Areas of Primary Importance (APIs). o Heritage Properties including PDHP properties rated “C” if the properties are in and/or are contributor to an Area of Secondary Importance (ASI) and are designated by the Landmarks Board and City Council. o Preservation Study List Properties. Conclusion Jestin D. Johnson, City AdministratorSubject: Senate Bill 79 Planning Code Implementation Ordinance Date: January 26, 2026 Page 16 CED Committee February 24, 2026
The Historic Resource exclusion is available for all parcels within both Tier 1 and Tier 2 TOD Zone that are a local register property. The exclusion allows these parcels to be reviewed using current standards in the underlying zoning and current Planning Code review protocol.FISCAL IMPACT Implementation of these SB 79 exclusions will be a component of the existing approval process for development projects administered by the Planning and Building Department, which collects fees for such review and approvals as established in the Master Fee Schedule. Staff will inform the public of the new regulations as part of all applicable inquiries and apply the new regulations as part of all applicable planning and building permit applications. Staff will also develop any application materials including summaries and guides using internal resources and staff time. PUBLIC OUTREACH / INTEREST The proposed ordinance brings the City’s Planning Code into compliance with State law as established by SB 79. A public hearing was conducted by the Planning Commission on February 4, 2026. The meeting was noticed in the Oakland Tribune on February 13, 2026. COORDINATION Planning staff, in consultation with the City Attorney’s Office, drafted the proposed ordinance to reflect the changes to State law established by SB 79. SUSTAINABLE OPPORTUNITIES Economic: The proposed ordinance will support preservation of Oakland’s existing affordable housing stock. Environmental: There are no direct environmental implications. Race & Equity: Environmental Justice Policies The City’s Environmental Justice (EJ) Element “serves as the foundation for achieving equity and environmental justice when planning for future growth and development in Oakland.” The EJ Element identifies communities that are disproportionately impacted by environmental justice issues, and proposes goals, policies, and objectives to reduce the unique or compounded health risks in these communities. It also contains a comprehensive table of actions to achieve those goals and objectives, many of which have already been implemented. Policy EJ-8.1 Meaningful, Relevant Engagement. Design and implement public engagement processes and events that emphasize participation from low-income Jestin D. Johnson, City AdministratorSubject: Senate Bill 79 Planning Code Implementation Ordinance Date: January 26, 2026 Page 17 CED Committee February 24, 2026
communities and communities of color; that are driven by resident priorities, that are easily accessible and understandable and that provide meaningful opportunities for participants to influence outcomes. Analysis: o The SB 79 development densities and other standards provide an incentive for development and an additional source of needed housing. However, this new State regulation can benefit greatly from additional input by local communities who shall be impacted by its implementation. o The majority of the City’s designated transit stops, and TOD Zones are low resource areas. o Policy EJ 8.1 of the EJ Element will be better serviced if these areas are excluded from immediate implementation of the SB 79 standards and evaluated as part of the City’s General Plan Update process. The proposed exclusions provide an opportunity for greater public input through the General Plan Update public review process, including greater participation for communities of color. Policy EJ-7.1 Complete Neighborhoods. Promote “complete neighborhoods”— where residents have safe and convenient access to goods and services on a daily or regular basis—that address unique neighborhood needs, and support physical activity, including walking, bicycling, active transportation, recreation, and active play. Analysis: o The recommended exclusions will allow additional time to update the City’s development regulations and consider how “complete neighborhoods” that address community needs and services can be provided in conjunction with new housing. Policy EJ-7.2 Accessible Neighborhoods. Encourage active modes of transportation and transit accessibility by supporting neighborhoods that provide access to a range of daily goods, services, and recreational resources within comfortable walking or biking distance. Encourage transit providers to prioritize, establish and maintain routes to jobs, shopping, schools, parks and healthcare facilities that are convenient to EJ Communities. Analysis: o The action strategies for the EJ Element refer this Policy to the General Plan Update Phase 2 process for implementation. EJ-A.26 As part of the LUTE update in Phase 2, include policies that promote a fine-grained neighborhood land use pattern that encourages walking, biking, and getting around without a car. o The recommended exclusions would implement this action strategy by providing the opportunity to fold the fine-grained analysis of the SB 79 density requirements into the ongoing General Plan Update process. This action would allow greater input from the community and allow additional review of how the denser housing could be located to support neighborhoods.
Jestin D. Johnson, City Administrator
Subject: Senate Bill 79 Planning Code Implementation Ordinance Date: January 26, 2026 Page 18
CED Committee
February 24, 2026
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The proposed Zoning Map amendments and Planning Code amendments are statutorily exempt from the California Environmental Quality Act under Government Code Section 65912.160(c)(2) [ordinance implementing Senate Bill 79].
ACTION REQUESTED OF THE CITY COUNCIL
Staff requests that the City Council conduct a public hearing and, upon conclusion, adopt an ordinance as recommended by the Planning Commission:
1) Amending Title 17 Of The Oakland Municipal Code (The Planning Code) To Add Chapter 17.86 S-8 Abundant and Affordable Homes Near Transit (Senate Bill 79) Combining Zone Regulations Identifying Sites Eligible And Ineligible Or Excluded From The Senate Bill 79 Property Development Standards; 2) Making Related Oakland Zoning Map Amendments to Designate Parcels Within The S-8 Combining Zone And To Identify Whether Such Designated Parcels Are Eligible For Or Excluded From The Senate Bill 79 Property Development Standards; And 3) Making Appropriate California Environmental Quality Act Findings.
For questions regarding this report, please contact REBECCA LIND, PLANNER IV, at (510) 238-3472.
Respectfully submitted,
WILLIAM GILCHRIST
Director, Planning and Building Department
Reviewed by:
Ed Manasse, Deputy Director, Planning Bureau
Prepared by:
Rebecca Lind, Planner IV
Planning Bureau
Jestin D. Johnson, City AdministratorSubject: Senate Bill 79 Planning Code Implementation Ordinance Date: January 26, 2026 Page 19 CED Committee February 24, 2026
Attachments (5): A: Zoning Analysis for 50 Percent Exclusion B: Summary of the Density of Tier 1 TOD Zones by Geographical Area C:Data Analysis of Capacity Based on Oakland Zoning Compared to SB 79 Standards in Tier 1 TOD Zones by Geographical Area for 6 BART Stations D: Summary of the Density of Tier 2 TOD Zones by Geographic AreaE: Analysis of Housing Capacity Based on Oakland Zoning Compared to SB 79 Standards in Tier 2 TOD Zones for 39 Stops.