SB 79
SB 79 is intended to facilitate new high density housing developments near transit stops in an effort address the state’s housing shortages, reduce transportation costs and traffic congestion, and increase transit agencies’ funding sources. The new law allows transit-oriented housing developments in close proximity to transit stops to reach maximum heights up to 95 feet and allows up to 160 housing units per acre. Projects with more than 10 units must meet specified affordable housing requirements. Such projects will be eligible for streamlined ministerial approval, eliminating the need for local agencies to complete CEQA environmental review for the projects.
Similarly, SB 79 also applies these expanded height and density allowances to Agency Transit-Oriented Development for transit agency-owned real property on an infill site that is within ½ mile of a transit stop for which the transit agency operates service or plans to provide service. Fifty percent of the square footage of the Agency Transit-Oriented Projects must be dedicated to residential use and twenty percent of the total units must be restricted to affordable housing. Transit agencies may also adopt agency transit-oriented development zoning standards which shall not establish density standards that exceed 200 percent of the maximum density established in Government Code Section 65912.157. Adoption of these zoning standards is subject to CEQA review. Subsequent agency transit-oriented development projects, however, will not require CEQA environmental review unless there is substantial evidence that the project would have a significant effect on the environment that was not analyzed in a prior environmental document.
Local governments may enact an ordinance to make its zoning consistent with SB 79, so long as the ordinance provisions are objective and will not preclude SB 79’s development standards. Such an ordinance will be subject to review by the Department of Housing and Community Development. SB 79 also directs that each metropolitan planning organization shall create a map of transit-oriented development stops and zones within its region by tier, as designated by SB 79. Alternatively, a local agency may adopt a transit-oriented development alternative plan in an agency’s housing element to achieve compliance with SB 79.
SB 237
On September 19, 2025, the Governor signed SB 237 into law. In addition to several oil and gas provisions, SB 237 declared that the Kern County Supplemental Recirculated Environmental Impact Report for the Kern County Zoning Ordinance Focused on Oil and Gas Local Permitting is compliant with CEQA and no further environmental review is required. Accordingly, any projects that satisfy the requirements of the Oil and Gas Zoning Ordinance are deemed sufficient for full compliance with CEQA and will not require further environmental review. SB 237 applies prospectively to any new project applications to the County of Kern, and prospectively and retrospectively to any pending causes of action. While the Bill restricts new drilling in health protection zones as defined by Section 3280, the Bill allows for up to 2000 new oil wells per year in Kern County until 2036.
– Sara Helms