Senate Bill (SB) 79 Planning
Code Implementation
Ordinance
Planning and Building Department
Community & Economic
Development Committee
February 24, 2026
1 Background
• State law Senate Bill (SB) 79 (the Abundant and Affordable Homes Near Transit Act) was signed by the governor on October 10, 2025, and goes into effect on July 1, 2026. • Areas within ½ mile of each of Oakland’s designated transit stops 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 housing. • Oakland has 8 BART stations, and 38 Bus Rapid Transit (BRT) stops along the AC Transit Tempo line along International Boulevard that qualify as SB 79 TOD zones. • There is 1 additional BART station, and 1 additional BRT stop that are not within Oakland but the ½ mile boundary extends into Oakland, this brings a total of 48 TOD zones within the Oakland boundaries.
2 SB 79 Density Standards
SB 79 Range Height Limit Max Density Floor Area Ratio
Tier 1 - Adjacent (200') 95 feet 160 du/ac 4.5
Tier 1 - Quarter mile 75 feet 120 du/ac 3.5
Tier 1 – Half Mile 65 feet 100 du/ac 3
Tier 2 - Adjacent (200') 85 feet 140 du/ac 4
Tier 2 - Quarter mile 65 feet 100 du/ac 3
Tier 2 – Half Mile 55 feet 80 du/ac 2.5
3 Transit stops are categorized as Tier 1 (BART) or Tier 2 (BRT Tempo) Exclusions and Alternative Plan
• SB79 allows cities to exclude some parcels from the SB 79 requirements or allows development of an Alternative Plan.
• An exclusion would suspend implementation of SB79 and allow substitution of existing Oakland zoning until an Alternative Plan is developed. • Exclusions will expire in 2032 and SB 79 densities will take effect if no Alternative Plan has been adopted.
• The Alternative Plan would need to accommodate the overall required density of SB 79 within the TOD zone but could:
• Replace default density and height increases and allow a more tailored density and height based on local land use conditions, such as historic districts and lower density neighborhoods.
4 Rationale for Adopting Exclusions
• There is insufficient time for the City to prepare and review an Alternative Plan prior to the SB 79 effective date of July 1, 2026. • Exclusions may be adopted prior to the SB 79 effective date as an interim step to allow time for a City to develop an Alternative Plan. • The City is already engaged in the General Plan Update (GPU) phase 2, that includes the update of the Land Use and Transportation Element with adoption anticipated in late Spring of 2027.
• City Staff want to develop its Alternative Plan in a comprehensive manner as part of the GPU process and not as a separate stand-alone process. • Exclusions would give the City time during the GPU to analyze which areas within the TOD Zones have potential for more density and which areas do not as well as receive community input.
5 Rationale continued
• Environmental Justice Element Policy EJ-8.1 Meaningful, Relevant Engagement. Design and implement public engagement processes and events that emphasize participation from low-income 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. • Almost all of Oakland’s TOD zones are in low resource areas • An Alternative Plan would allow a fine grain analysis and community involvement resulting in aggregate density equivalent to SB79 requirements.
• Existing zoning density exceeds SB79 standards in many of the designated TODs as a result of prior upzoning.
o The 2023 Housing Element upzoned many areas of the City. o The Downtown Oakland Specific Plan, adopted in 2024, upzoned core areas. o Additional Specific Plans, such as the Central Estuary Plan, Broadway Valdez District Specific Plan, West Oakland Specific Plan, Coliseum Area Specific Plan, and the Lake Merritt Station Area Plan all increased density around the Tier 1 and Tier 2 TOD Zones. • SB79 standards are a blanket increase in density that could override prior planning and input from the community.
6 Allowed Exclusions
• 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)). • Exclusion 2. Allows exclusion of sites in a TOD Zone that is primarily a low- resource area and has aggregate Oakland zoning densities that allow for at least 40 percent of the aggregate density allowed for 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 when the parcel includes a historic resource designated as of January 1, 2025, on a local register. (Gov.
Code Sec. 65912.161(b)(1)(F)).
7 Exclusion 2: Primarily Low Resource
Zones that have zoning density that
allows at least 40% of the aggregate
SB 79 density
• All Oakland TODs in Low Resource Areas meet this standard and qualify for Exclusion 2 per (Gov. Code Sec. 65912.161(b)(1)(B)(ii)). • Qualification allows exclusion of all parcels within the entire TOD Zone. 8 Example: Tier 1 TOD Zone
Map for area meeting
Exclusion 2
• 12th St BART TOD
• It provides 307% of SB 79 aggregate
density
• All parcels within the TOD zone are
excluded
• See Ordinance Exhibit B for all maps
9 Example: Tier 1 TOD Zone Map
for area not meeting
Exclusion 2
• Rockridge, MacArther and Ashby TOD
Zones are not qualified for Exclusion 2
because they are high resource areas.
• These TOD Zones include some parcels
that qualify for Exclusion 1 and
Exclusion 3.
• See Ordinance Exhibit B for all maps.
10 Summary Tier 1 TODs in Low
Resource Area
.
11 Tier 1 BART Stations Qualifying Percentage Aggregate Capacity in Dwelling Units
SB 79 Aggregate Capacity
in Dwelling Units
19th Street BART 287% 115,921 40,450
12th Street BART 307% 118,425 38,629
West Oakland BART 70% 15,913 22,876
Lake Merritt BART 254% 79,675 31,415
Fruitvale BART 72% 28,554 39,529
Coliseum BART 190% 68,128 35,784
Summary Tier 2 TODs
in Low Resource Areas
12 Exclusion 1: 50% of
Zoned Density and FAR
• This exclusion applies to parcels in both
high resource and low resource TOD Zones.
• Parcels must have existing zoning that
allows at least 50% of SB 79 standards for
density and Floor Area Ratio (FAR) per
(Gov. Code Sec. 65912.161(b)(1)(A)).
• All TOD zones have some parcels that
qualify for this exclusion.
• See Ordinance Exhibit C for all maps.
13 Exclusion 1
• Parcels in Oakland with zoning that
exceeds 50% of SB79 density and FAR are
shown for the Ashby TOD parcels in
Oakland, Rockridge TOD, and MacArthur
TOD.
• These are the only parcels qualified for
exclusion in these Tier 1 TODs that are not
within a low resource area along with any
parcels that are Local Register Historic
properties shown in Exclusion 3.
14 MacArthur TOD
15 Rockridge TOD
Ashby TOD
Exclusion 1
Exclusion 1 Examples for other areas
16 West Oakland BART TOD and 12th St/19th St overlapping TODs show examples of maps for Exclusion 1 in TODs that also qualify for Exclusion 2 and some parcels for Exclusion 3.
West Oakland TOD 12th St and 19th St TODs
Exclusion 3: Historic
Resources
• Exclusion 3 applies to all Local Register
properties designated by January 1,
2025 and located in any TOD Zone
per (Gov. Code Sec. 65912.161(b)(1)(F)).
• See Ordinance Exhibit D for all maps.
17 18
Ashby TOD
Rockridge TOD
Exclusion 3: Local Register properties in TOD zones not eligible for Exclusion 2
Exclusion 3: Local Register
properties in TOD zones
not eligible for Exclusion 2
19 MacArthur TOD
Examples of Exclusion 3: Historic Resource Exclusions
in Other TOD Zones that Also Qualify for Exclusion 2
and Some Parcels for Exclusion 1
20 West Oakland TOD 12th St & 19th St TODs
Proposed S-8 Combining Zone
• Defines Eligible Site under SB 79 as a site zoned for residential, mixed, or commercial development.
• Defines Ineligible Site as a site that does not meet the above criteria, such as sites zoned for industrial or open space activity, or is within the right-of-way. • Defines Covered Site as a site eligible under SB 79 but not excluded. • Applies exclusions to certain sites that would otherwise be eligible for SB 79 but qualify for an exclusion.
• Amends the zoning map to show which sites are eligible and ineligible for SB79 regulations and which sites are excluded or covered
• Clarifies that excluded parcels are regulated by the underlying zoning. • The exclusions shall be applied comprehensively; a site shall be mapped as excluded if it is designated as excluded under any of the exclusions, i.e. Exclusion 1, 2, or 3. 21 Planning Commission Recommendation
Planning Commission recommended approval 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.
22 Planning Commission Recommendation
• 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 retain Exclusion 1 for sites within 1/2 mile of Ashby, MacArthur, and Rockridge BART stations for the following reasons, and has proposed this in the Ordinance. • The exclusions provided in SB79 give cities additional time to develop alternative local plans. They are not permanent “exclusions.”
• 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% and sometimes the same as SB79 requirements. • The General Plan Update (GPU) work program is underway with a target adoption date of Spring 2027 and is 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 GPU adoption.
• The exclusions option for these areas gives the City time to engage all communities 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.
23 Staff Recommendation
Staff requests that the City Council conduct a public hearing and, upon conclusion, adopt an ordinance 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. 24