SB 79 compliance: HCD flags 4 California cities’ transit zoning

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Key takeaway: SB 79 compliance is now being enforced: California’s housing department (HCD) found Beverly Hills, Burlingame, Pasadena and Oceanside out of compliance with the transit housing law this fall, and logged further SB 79 findings letters for Santa Monica and South Pasadena on Nov. 4, 2026.

SB 79 compliance is moving from paper to enforcement. The California Department of Housing and Community Development (HCD) has found that Beverly Hills, Burlingame, Pasadena and Oceanside did not follow SB 79, the law that allows more housing near major transit stops, according to CP&DR.

HCD’s letter log records further SB 79 findings letters for Santa Monica and South Pasadena on Nov. 4, 2026; the South Pasadena letter is dated Nov. 3. Their contents were not available at writing.

Key facts

• Who: HCD; cities of Beverly Hills, Burlingame, Pasadena and Oceanside.
• Density bonus: HCD told Beverly Hills and Burlingame to remove code language that barred density bonus law in SB 79 areas. HCD told San Francisco not to enforce its density-bonus prohibition; its alternative plan was otherwise found compliant.
• Excluded land: HCD rejected excluding park, institutional and some non-residential zones where SB 79 allows housing (Burlingame, Pasadena, Oceanside).
• Capacity math: HCD disputed counts that did not net out existing units (Beverly Hills).
• Deadlines: Pasadena late November; Oceanside mid-December (per CP&DR).

Why it matters for engineers and firms: SB 79 compliance

Developers and architects planning housing near California transit stops should know that HCD is rejecting local plans that shrink SB 79 areas or block density bonuses. That means more sites may qualify for SB 79 height and density, and stacking a density bonus on top may stay available, depending on how each city responds.

Each city’s ordinance is still in flux, so check the current local rules and HCD letters for your site before setting a building program. For larger, taller buildings near transit, structural system and MEP capacity choices come early.

What should designers do now?

• Map sites within SB 79 transit areas against each city’s current ordinance and HCD letters.
• Test massing with and without a density bonus until the city’s response is final.
• Ask the planning department whether an alternative plan or ordinance amendment is pending.

Source

William Fulton, “Cities Tussle With HCD Over SB 79 Implementation,” California Planning & Development Report, Nov. 2, 2026: cp-dr.com. Letter dates from the public HCD letter tracker: betterleg/hcd-letters. See also AB 1621 plan check limits and AB 956 ADU rules.

Related questions

What is SB 79?

A California law that allows more housing near major transit stops and sets rules for how cities must zone those areas, including allowing alternative local plans that meet its capacity targets.

Which cities did HCD find out of SB 79 compliance?

Per CP&DR, Beverly Hills, Burlingame, Pasadena and Oceanside. San Francisco’s alternative plan was found compliant, but HCD said its density-bonus prohibition could not be enforced.

Can density bonus law be used in SB 79 areas?

HCD has told several cities to remove local language that barred it. Check the current local code and the latest HCD letter for each city.

What should developers ask their design team?

Ask how the site’s allowed height and units change if the city revises its SB 79 plan, and which structural and MEP systems suit the larger program.