SB-79: Transit-Oriented Housing in Oakland

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What is SB-79? 

Senate Bill 79 was adopted to help address California's housing shortage. The law creates statewide development standards for areas near major public transit. In some cases, these standards replace local zoning regulations. 

SB-79 allows increased residential density, taller buildings, and larger Floor Area Ratios (FAR). These standards are intended to encourage multi-family housing near public transit. 

In Oakland, SB-79 applies near BART stations (Tier 1 Transit-Oriented Development Areas) and Bus Rapid Transit (BRT) stops along the AC Transit Tempo Line (Tier 2 Transit-Oriented Development Areas). 

The law is effective as of July 1st, 2026.  

To balance state requirements with local neighborhood needs, the Oakland City Council adopted the S-8 Combining District zoning overlay. The S-8 Combining District identifies which properties may use SB-79 development standards and which properties are excluded. 

Eligible Parcels 

State law and local regulations determine which parcels may qualify for SB-79 development standards. Parcels zoned for residential, commercial, and mixed-use development and located within a half mile of transit stops may qualify for SB-79 development standards unless they meet one of the exclusion criteria allowed by state law and adopted by the City Council. 

Local Exclusions and Alternative Plan 

State law allows cities to temporarily defer SB-79 density requirements on certain parcels while preparing a Local TOD Alternative Plan. 

The Alternative Plan will allow Oakland to adjust zoning regulations to address local conditions while still meeting the state's required housing capacity. 

The Oakland City Council has adopted temporary exclusions from immediate SB-79 density requirements. These properties will continue to follow existing local zoning regulations until one of the following occurs: 

  • The City adopts an Alternative Plan, or 
  • The next Housing Element update is completed in 2031 

Properties are temporarily excluded if they meet one or more of the following criteria: 

High Existing Capacity 

Parcels where current zoning already allows at least 50 percent of the residential capacity required under SB-79. 

Low-Resource Areas 

Neighborhoods identified by the State as low-resource areas where existing zoning already allows at least 40 percent of the residential capacity required under SB-79. 

Historic Resources 

Properties that are designated as local historic resources. 

In addition, to help prevent tenant displacement state excludes rent-controlled housing from SB-79 eligibility, if demolition of rent-controlled housing is proposed. 

The S-8 Combining District and Eligibility Map 

The City of Oakland adopted the S-8 Combining District zoning overlay to identify parcels that may qualify for SB-79 and parcels that are excluded. 

Access the Interactive SB-79 / S-8 Eligibility Map  

How to Use the Map 

Enter a property address or Assessor's Parcel Number (APN) into the search bar. You may also click directly on a parcel to view information about that property. 

The map identifies three parcel categories: 

Covered 

Parcels that may be eligible for SB-79 development standards. 

Excluded 

Parcels that are temporarily excluded until the City adopts an Alternative Plan. Examples include parcels with high existing capacity, parcels located in low-resource areas, and designated historic resources. 

Ineligible 

Parcels that do not qualify for SB-79. 

Covered parcels are only potentially eligible. The map does not identify whether rent-controlled housing, deed-restricted housing, or other conditions are present on a site. Additional review may be required. 

A project is not eligible for SB-79 if it would: 

  • Demolish rent-controlled or price-controlled housing occupied within the previous seven years, or 
  • Be built on a site where more than two housing units were demolished within the previous seven years and any of those units were rent-controlled or price-controlled. 

See Government Code Section 65912.157(h) for complete eligibility requirements. 

Application Process 

Before You Start 

Before applying, make sure you are registered and activated in the Online Permit Center

For registration instructions, visit the Planning and Building Video Tutorials webpage

Download the SB-79 Supplemental Planning Application(PDF, 322KB) and follow the steps below. 

What Can Be Built Under SB-79?

Project must meet all state requirements under SB-79 in order to use the densities as outlined below. 

Development standards vary based on a property's distance from a qualifying transit stop. 

Properties closest to transit may qualify for the highest residential densities, building heights, and FAR allowances. Development intensity decreases as distance from transit increases. 

Development Standards for SB 79 Projects
SB79 Range Height Limit Max Density (dwelling units per acre) FAR (Floor Area Ratio)
Tier 1- Adjacent (200 Ft) 95 Feet 160 du/ac 4.5
Tier 1- 1/4 Mile 75 Feet 120 du/ac 3.5
Tier 1 - 1/2 Mile 65 Feet 100 du/ac 3
Tier 2 - Adjacent (200 Ft)
85 Feet 140 du/ac 4
Tier 2 - 1/4 Mile 65 Feet 100 du/ac 3
Tier 2 - 1/2 Mile 55 Feet 80 du/ac 2.5

Who Can Be Issued a Permit?

The City of Oakland may issue permits for qualifying housing developments located on eligible sites. 

Projects may use SB-79 density and FAR standards together with applicable standards from the property's underlying zoning district. 

 

How to Apply

Step One: SB-79 Eligibility Review 

Determine whether your parcel is eligible by using the City of Oakland Interactive Eligibility Map. You may also review the Eligible Parcels section above, or review the SB-79 Supplemental Application(PDF, 322KB).

NOTE: At the application stage (see next step), the City will also conduct a review to determine whether the proposal qualifies as an SB-79 residential project. 

Step Two: Planning Entitlement Review  

If your parcel is eligible under SB-79: 

A planner will review your submission and request additional materials as needed. 

Subdivision Review 

Projects involving land divisions, condominium maps, or parcel mergers must also complete Tentative Parcel Map review by the City Surveyor. 

Entitlement Review 

Your assigned planner will review the application and determine whether it is complete. 

The planner will also identify: 

  • Required review procedures 
  • California Environmental Quality Act (CEQA) requirements 
  • Additional application materials, if needed 

Review requirements vary depending on the size and scope of the project.