Agda Pkt 2026.07.13 Joint SA PFA

Browse Search

4/8/26 10 jurisdiction’s general plan on or before January 1, 2025 as industrial employment hubs of at least 250 acres. (Section 65912.160(e)). Excluding Certain Sites Until One Year After Adoption of the 7th Cycle Housing Element Jurisdictions may adopt an ordinance, subject to HCD review under Section 65912.160 (as discussed in the Review and Enforcement section below), specifying sites to exclude from SB 79’s TOD development standards until one year after adoption of the jurisdiction’s 7th Cycle Housing Element. In general, such sites must already allow at least half the density and FAR as allowed by SB 79, be subject to a local TOD alternative plan, or fall within sensitive areas such as very high fire hazard zones, areas vulnerable to sea level rise, or sites designated on a local historic register as of January 1, 2025. (Section 65912.161(b)). Local governments adopting such an ordinance must clearly identify excluded sites or TOD zones on the jurisdiction’s public zoning map. Adopting a Local TOD Alternative Plan A local government may satisfy SB 79 by adopting a local TOD alternative plan instead of applying the state standards directly. (Section 65912.161(a)). The plan must generally maintain equivalent total housing capacity across all TOD zones within the jurisdiction (see the definition of TOD Zone in the Key Definitions section) and receive HCD approval. The capacity of any site cannot be reduced more than 50%, with the exception of sites within a very high fire hazard zone, sites vulnerable to one foot of sea level rise, and sites with a historic resource on a local register, and the capacity of any one TOD zone cannot be reduced more than 50% The capacity of any site cannot be increased by more than 200% from the maximum densities in SB 79. In the 7th Cycle, a Local TOD Alternative Plan may be included in the Housing Element itself or adopted separately by ordinance. To become effective, an alternative plan must be reviewed and approved by HCD, as discussed in the Review and Enforcement section below. Once approved, the local plan replaces SB 79’s development standards within the area included in the alternative plan. Review and Enforcement The following provisions govern the process for project review, as well as the enforcement and oversight of local compliance with SB 79. • SB 79 and Project Streamlining Options. SB 79 does not create a ministerial approval process or exempt projects from CEQA review. However, qualifying projects may choose to use the streamlined ministerial approval process under SB 35/SB 423 if they meet that law’s other requirements. Under SB 79, all sites eligible for SB 79 standards are potentially eligible for SB 35/SB 423 streamlining regardless of whether the jurisdiction is otherwise subject to SB 35/SB 423 based on its Housing Element or RHNA progress. In addition, projects need only meet the minimum affordability standard established under 8.A. - Page 28 of 97 246