How Are the Cities of San Diego, Oceanside and Solana Beach Implementing SB 79’s Transit-Oriented Development Strategy? It’s Complicated
Senate Bill 79 (“SB 79”), a state law that seeks to stimulate housing production near train, trolley and bus stops, is having a complicated start in San Diego County. In this alert, we provide an overview of how three impacted cities – San Diego, Oceanside and Solana Beach – are taking different paths to implementing this important new law.
SB 79 provides three primary mechanisms to help achieve housing goals. First, it implements development permit streamlining procedures for housing projects located up to one-half mile of a qualifying transit oriented development (“TOD”) stop. Second, sites may qualify for increased density bonuses depending on the distance of the TOD stop. These density bonuses are over and above the density bonuses for which a proposed project may be eligible under California’s Density Bonus Law. Third, SB 79 establishes certain housing development projects as an “allowed use” on any site zoned for a residential, mixed use, or commercial land use within one-half mile of qualifying transit stops.
SB 79’s zoning standards override most local ordinances as of July 1, 2026, and, beginning January 1, 2027, a jurisdiction that denies a compliant housing project in a “high resource area” is presumed to violate the Housing Accountability Act (“HAA”). However, SB 79 does allow a local jurisdiction to somewhat customize how the law will be rolled out within its boundaries by: (1) exempting certain sites with access limitations or where the local agency wants to prioritize industrial uses, or exempting sites with traditional site constraints (like wildfire or sea level rise risks or protected historic resources); (2) phasing implementation of residential housing capacity within certain TOD sites (e.g., for low-resource areas) on a stepped basis until one year after the City’s seventh housing element is due (in calendar year 2031); and/or (3) adopting a “TOD Alternative Plan” that reallocates housing capacity but preserves the overall capacity (both in terms of residential units and residential floor area) required by SB 79 across all of the jurisdiction’s transit development zones. All three ways that SB 79 can be customized are subject to oversight by the California Department of Housing and Community Development (“HCD”).
Since SB 79 provides that sites may qualify for increased density bonuses on the basis of the distance of the proposed project from a transit facility, it is crucial to determine whether a project is a qualifying “Tier 1” or “Tier 2” transit stop (which is based on the potential number of passengers served at a stop) and the distance of a proposed housing project site to that transit stop. A transit stop’s “tier” and its proximity to a proposed housing site governs whether state law building height limits, floor area ratios, or residential density minimums apply.
SB 79 delegates to metropolitan transit organizations the responsibility for determining the eligibility of each transit stop and its “tier.” In San Diego County, that is the San Diego Association of Governments (“SANDAG”). SANDAG issued a draft map of proposed TOD stops that meet SB 79’s requirements on June 18, 2026. Unfortunately, there are discrepancies between the sites identified by SANDAG and those identified by the cities themselves. No facility in San Diego County is identified by SANDAG as a Tier 1 stop. Instead, all sites identified thus far are classified as Tier 2 stops. As discussed in more detail below, it is possible that some Tier 2 stops should be characterized as a Tier 1 stop, and that other stops that should qualify as Tier 2 were left of the draft map altogether.
HCD Guidance to Metropolitan Planning Organizations
HCD issued general advisory clarifications to metropolitan planning organizations regarding SB 79’s implementation on March 20, 2026. The Advisory provides guidance on how to count the number of trains per weekday when assessing whether a station offers “high frequency” or “very high frequency” commuter rail service, a key definition when determining whether a TOD stop qualifies for “Tier 1” or “Tier 2” status and the related benefits for housing project proponents. In assessing whether a station meets one of those two thresholds, the Advisory states that “frequency is based on the total number of trains operated by multiple commuter rail services where applicable.” The Advisory lists the Coaster, the Sprinter, Metrolink and the Pacific Surfliner as existing rail services that meet the definition of “commuter rail” under SB 79. SB 79’s frequency thresholds require at least 48 trains per weekday across both directions for a Tier 2 stop and 72 trains per weekday for a Tier 1 stop.
SANDAG’s Preliminary Map of Eligible Stops in the City of San Diego
SANDAG released a draft map of TOD stops on June 18, 2026.[1] There are two primary issues with the draft as it pertains to the City of San Diego: (1) certain rapid-bus stops the City had flagged as TODs (e.g., on El Cajon Blvd., University Ave., Park Blvd.) were omitted; and (2) the UCSD Gilman Transit Center was added. It remains unclear whether SANDAG will update its draft map to address those issues. The City of San Diego’s Ordinance is partially contingent on SANDAG’s release of its final map of qualifying TOD stops. While SANDAG’s determinations are given a rebuttable presumption of validity, a project applicant may have the ability to produce evidence that its proposed project is nevertheless entitled to greater SB 79 benefits, although land use counsel should be consulted to confirm your specific situation.
City of San Diego’s SB 79 Implementation Status
The City of San Diego’s Planning Department issued a memorandum on February 13, 2026, which calculates the additional housing capacity the City needs to zone for under SB 79.[2] This memorandum proposed a “hybrid” approach, in which the City would adopt an initial ordinance that would exclude sites where a walking path of less than one mile to a TOD site does not exist, phase implementation in “low-resource areas,”[3] and reallocate SB 79 required minimum housing capacity between sites with a later-enacted TOD Alternative Plan.
On May 21, 2026, the City Council adopted an ordinance for the phased implementation of SB 79 and the exemption of certain sites.[4] The ordinance noted that SANDAG had not prepared a map of qualifying TOD stops at the time, and deferred application of SB 79 to specific stops until SANDAG released such map. The ordinance took effect 30 days after adoption (i.e., on or about June 6, 2026).
The City of San Diego must submit the enacted ordinance to HCD within 60 days of enactment, after which HCD has up to 120 days to determine whether the ordinance is in substantial compliance with SB 79. If HCD does not provide written findings within the review period, the ordinance is “deemed compliant.” HCD has not yet issued any specific guidance as to the City’s ordinance. A TOD Alternative Plan—the other component of the City’s “hybrid” strategy—is not anticipated until 2027, and must be approved by HCD. The hybrid strategy adopted by the City of San Diego reflects a largely balanced approach to the implementation of SB 79 because it immediately addresses the City’s key concerns in the short term, defers full implementation until SANDAG issues its final map, and allows the City flexibility to manage the increased density afforded by SB 79 over time.
Oceanside and Solana Beach: Application of SB 79 to Commuter Rail Service
The Oceanside Transit Center and the Solana Beach station have drawn considerable public attention because there could be material changes in the density of housing development nearby. The two cities, however, have charted very different paths for compliance with SB 79. Oceanside is actively seeking to manage the impact of SB 79, whereas Solana Beach has taken little action to date.
Based on passenger train schedules, SANDAG’s draft map may have undercounted the commuter rail service at these two locations. The Coaster operates 15 southbound and 15 northbound trips serving Oceanside and Solana Beach per weekday according to its October 2025 schedule, so a stop served by the Coaster alone falls below the Tier 2 threshold.[5] However, Amtrak offers more than 20 combined northbound and southbound trips on weekdays at both the Oceanside and Solana Beach stations as part of the Pacific Surfliner service.[6] In addition, the Sprinter operates approximately 30 east-west trips per weekday at the Oceanside Transit Center.[7] The Metrolink also offers additional train service to Oceanside. In sum, it appears that SANDAG’s draft map may not have fully adopted HCD’s guidance, potentially downgrading potential Tier 1 stops to Tier 2, and not identifying other TOD stops as Tier 2 where they may have been eligible.
City of Oceanside’s Implementation Status
On June 24, 2026, the City Council of Oceanside adopted an urgency ordinance exempting or deferring implementation on all TOD sites that could potentially be exempted or deferred.[8] The City is also preparing a TOD Alternative Plan, anticipated in late 2026 or early 2027.
SANDAG’s draft map classifies the Oceanside Transit Center as a Tier 2 stop.[9] The Oceanside Transit Center is served by the Coaster, Sprinter, Metrolink, and Amtrak’s Pacific Surfliner. Each is a “commuter rail” service whose trains count toward SB 79’s frequency thresholds under HCD’s guidance. Based on the cumulative number of weekday trains based on current train schedules, the combined service likely exceeds the 72 trains per day threshold for “very high frequency commuter rail.” A “Tier 1 TOD Stop” is one served by very high frequency commuter rail. Because the SANDAG map remains in draft, the Tier 2 classification should be confirmed when the final map is issued.
City of Solana Beach’s Implementation Status
As of July 24, 2026, Solana Beach had not adopted an implementing ordinance or TOD Alternative Plan.
SANDAG’s June 18, 2026 draft TOD map omits the Solana Beach station entirely.[10] Solana Beach’s train station is served by the Coaster and Pacific Surfliner. Because the HCD Advisory requires the frequencies of multiple commuter rail services (including the Pacific Surfliner) to be combined, the station may qualify as a Tier 2 stop. It will be interesting to see if SANDAG’s final map combines those frequencies consistent with HCD’s Advisory. If the Solana Beach Station’s passenger rail service meets the definition for high-frequency commuter rail, it would qualify as a Tier 2 TOD stop. As a TOD Tier 2 stop, a quarter-mile TOD zone around the station may be eligible for SB 79’s benefits. Beyond a quarter mile, SB 79 would not apply, because, according to the City’s website, the population of Solana Beach was approximately 13,000 residents in 2020, far less than the 35,000 resident threshold to extend SB 79’s reach.
Conclusion
The issues related to whether and how SB 79 applies are complicated. If you are considering a housing development project near rail, trolley or bus rapid transit service in San Diego County, it may be worthwhile to consult legal counsel to determine how the various facts and circumstances may apply to a proposed project.
[1] SANDAG: Draft TOD Map.
[2] City of San Diego: Memorandum (February 13, 2026).
[3] A “low resource area” is defined as an area designated as low resource on the most recently adopted version of the opportunity area maps published by CTCAC and HCD.
[4] City of San Diego: Ordinance (May 7, 2026).
[5] Coaster Schedule (October 12, 2025).
[6] 4497579486_pacific-surfliner-timetable_rev-6-29-26.pdf
[7] SPRINTER-Schedule-October-2025-Web.pdf (October 2025).
[8] City of Oceanside: City Council Minutes and Ordinance (June 24, 2026).
[9] SANDAG: Draft TOD Map.
[10] SANDAG: Draft TOD Map.
