SB 79: Transit-Oriented Housing Development Projects

This Information Bulletin addresses the City of San Diego’s implementation of California Senate Bill (SB) 79 (Wiener, 2025), which allows transit-oriented housing development projects of certain heights and densities within one-half mile of qualifying transit stops.

An applicant may propose a transit-oriented housing development project pursuant to SB 79 that meets the following criteria. This program does not limit the availability or applicability of any other local development program that would allow an equivalent or greater height, density, and floor area ratio (FAR) than what is allowed by SB 79. For more information about local programs, please see the Housing Affordability Toolkit.

Site Eligibility

A transit-oriented housing development project shall be an allowed use pursuant to SB 79 on any site that meets all of the following criteria:

1. The site must be identified on the SB 79 Eligible Sites (2026) Layer in the Zoning and Permit Portal (ZAPP). To view this layer, navigate to the "Layers" tab, expand the "Planning Areas" dropdown menu, then check the box next to "SB 79 Eligible Sites (2026)".
2. The existing parcel must be zoned to allow residential, mixed-use, or commercial development.
   1. Find your zone designation: Zoning and Permit Portal (ZAPP)
   2. Base Zone Designations: Use Regulations Tables in SDMC Chapter 13, Article 1, Divisions 1 through 7
   3. Planned District Ordinance Zone Designations: Use Regulation Tables in SDMC Chapter 15, Articles 2 through 20

3. The site must not contain more than two units where the development would require the demolition of housing that is subject to any form of rent or price control that has been occupied by tenants within the past seven years.
4. The site must not have previously been used for more than two units of housing that were demolished within seven years before the application submittal date where any of the units were subject to any form of rent or price control.

Development Standards

A transit-oriented housing development project must comply with all of the following development standards.

Note: For the purposes of SB 79, the City of San Diego’s eligible transit-oriented development stops fall within the “Tier 2” category. Eligible transit-oriented development stops are identified on the SB 79 Major Transit Stops (2026) Layer in the Zoning and Permit Portal (ZAPP).

1. Allowed Uses

   A transit-oriented housing development project shall consist of any of the following:

   1. Residential units only.
   2. Mixed-use development where at least two-thirds of the new or converted square footage is designated for residential use, and no portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging (not including a residential hotel or legally authorized STRO).
   3. Mixed-use development where at least 50% of the new or converted square footage is designated for residential use and the project meets both of the following:
      1. The project includes at least 500 net new residential units; and
      2. No portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging (not including a residential hotel).
   4. Mixed-use development where at least 50% of the net new or converted square footage is designated for residential use and the project meets all of the following:
      1. The project includes at least 500 net new residential units;
      2. The project involves the demolition or conversion of at least 100,000 square feet of nonresidential use;
      3. The project demolishes at least 50% of the existing nonresidential uses on the site; and
      4. No portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging (not including a residential hotel).

   No portion of a transit-oriented housing development project may be designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging, except for a residential hotel or legally authorized short-term residential occupancy (STRO).

2. Minimum Density

   A transit-oriented housing development project shall include at least five dwelling units and meet the greater of the following:

   1. A minimum density of at least 30 dwelling units per acre; or
   2. The minimum density of the base zone.

3. Maximum Height, Density, and Floor Area Ratio (FAR)

   A transit-oriented housing development project shall be subject to the following height, density, and FAR limits based upon its proximity to a transit-oriented development stop. An eligible parcel's proximity to a qualifying transit stop is identified on the SB 79 Eligible Sites (2026) Layer in the Zoning and Permit Portal (ZAPP).

   1. Projects within 200 feet of a transit-oriented development stop:
      1. Maximum height of 85 feet
      2. Maximum density of 140 dwelling units per acre
      3. Maximum FAR of 4.0
      4. A development that achieves a minimum density of 75 dwelling units per acre and meets the eligibility requirements of State Density Bonus Law shall be eligible for additional concessions as follows:
         1. If the development provides housing for extremely low income households, 3 additional concessions.
         2. If the development provides housing for very low income households, 2 additional concession.
         3. If the development provides housing for low-income households, 1 additional concession.
   2. Projects within 1/4 mile of a transit-oriented development stop:
      1. Maximum height of 65 feet
      2. Maximum density of 100 dwelling units per acre
      3. Maximum FAR of 3.0
      4. A development that achieves a minimum density of 75 dwelling units per acre and meets the eligibility requirements of State Density Bonus Law shall be eligible for additional concessions as follows:
         1. If the development provides housing for extremely low income households, 3 additional concessions.
         2. If the development provides housing for very low income households, 2 additional concession.
         3. If the development provides housing for low-income households, 1 additional concession.
   3. Projects further than 1/4 mile but within 1/2 mile of a transit-oriented development stop:
      1. Maximum height of 55 feet
      2. Maximum density of 80 dwelling units per acre
      3. Maximum FAR of 2.5
      4. A development that achieves a minimum density of 60 dwelling units per acre and meets the eligibility requirements of State Density Bonus Law shall be eligible for additional concessions as follows:
         1. If the development provides housing for extremely low income households, 3 additional concessions.
         2. If the development provides housing for very low income households, 2 additional concession.
         3. If the development provides housing for low-income households, 1 additional concession.
4. The average total area of floor space for the proposed units in the transit-oriented housing development project shall not exceed 1,750 net habitable square feet. For the purposes of this program, net habitable square feet means the finished and heated floor area fully enclosed by the inside surface of walls, windows, doors, and partitions, and having a headroom of at least six and one-half feet, including working, living, eating, cooking, sleeping, stair, hall, service, and storage areas, but excluding garages, carports, parking spaces, cellars, half-stories, and unfinished attics and basements.

5. Affordable Housing

   A transit-oriented housing development project of more than 10 units must include onsite affordable housing consistent with at least one of the following:

   1. A dedication of at least 7% of the total units to extremely low income households, as defined in Section 50106 of the Health and Safety Code;
   2. A dedication of at least 10% of the total units to very low income households, as defined in Section 50105 of the Health and Safety Code; or
   3. A dedication of at least 13% of the total units to lower income households, as defined in Section 50079.5 of the Health and Safety Code.

Compliance with the affordable housing requirements of SB 79, as specified above, will satisfy the City's inclusionary housing requirements.

6. Any building over 85 feet in height in a transit-oriented housing development project must meet the labor standards of Government Code Section 65913.4(a)(8)(A), (B), (C), (D), (F), and (G).
7. A transit-oriented housing development project must comply with all applicable base zone and overlay zone requirements, except if the requirement would prevent the achievement of the height, density, and FAR standards specified in C.
8. A transit-oriented housing development project shall be eligible for a density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios pursuant to State Density Bonus Law or the City of San Diego’s density bonus program, using the density allowed under C as the base density. If the development proposes a height pursuant to SB 79 that exceeds the height limit of the base zone or overlay zone, the City is not required to grant a waiver, incentive, or concession for additional height beyond that specified in C, except as allowed in Gov. Code Section 65915(d)(2)(D), which permits a height increase of up to three additional stories or 33 feet.
9. A transit-oriented housing development shall comply with the Dwelling Unit Protection Regulations of SDMC Chapter 14, Article 3, Division 12.
10. A transit-oriented housing development may include rental or for-sale housing.

Application Process

1. A transit-oriented housing development project shall be processed pursuant to the application and approval standards established in the San Diego Municipal Code.
   1. A transit-oriented housing development project as an allowed use shall require a Building Permit in accordance with Process One.
   2. SB 79 does not otherwise modify or remove any other applicable discretionary permit requirements, including any requirement for a Coastal Development Permit (CDP) for a project within the Coastal Overlay Zone.
2. An applicant must identify on the plans and on the electronic application form, under the scope of work section, that their project is a transit-oriented housing development project pursuant to SB 79.

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