CHAPTER 4.1.5. Transit-Oriented Development
65912.155.
The Legislature finds and declares all of the following:
(a) California
faces a housing shortage both acute and chronic, particularly in areas
with access to robust public transit infrastructure.
(b) Creating
ownership opportunities can be an effective long-term strategy for
building wealth and can create a path to financial security.
(c) Building
more homes near transit access reduces housing and transportation costs
for California families, and promotes environmental sustainability,
economic growth, and reduced traffic congestion.
(d) Public
transit systems require sustainable funding to provide reliable
service, especially in areas experiencing increased density and
ridership. The state does not invest in public transit service to the
same degree as it does in roads, and the state funds a smaller
proportion of the state’s major transit agencies’ operations costs than
other states with comparable systems. Transit systems in other
countries derive significant revenue from transit-oriented development
at and near their stations.
65912.156.
For purposes of this chapter, the following definitions apply:
(a) “Adjacent” means within 200 feet of any pedestrian access point to a transit-oriented development stop.
(b) “Commuter
rail” means a public rail transit service not meeting the standards for
heavy rail or light rail, excluding California High-Speed Rail and
Amtrak Long Distance Service.
(c) “Department” means the Department of Housing and Community Development.
(d) “Heavy
rail transit” means a public electric railway line with the capacity
for a heavy volume of traffic using high-speed and rapid acceleration
passenger rail cars operating singly or in multicar trains on fixed
rails, separate rights-of-way from which all other vehicular and foot
traffic are excluded, and high platform loading. “Heavy rail transit”
does not include California High-Speed Rail.
(e) “High-frequency
commuter rail” means a commuter rail service operating a total of at
least 48 trains per day across both directions, not including temporary
service changes of less than one month or unplanned disruptions, and
not meeting the standard for very high frequency commuter rail, at any
point in the past three years.
(f) “High-resource
area” means an area designated as highest resource or high resource on
the most recently adopted version of the opportunity area maps
published by the California Tax Credit Allocation Committee and the
department.
(g) “Housing
development project” has the same meaning as defined in Section
65589.5, but does not include a project of which any portion is
designated for use as a hotel, motel, bed and breakfast inn, or other
transient lodging. For the purposes of this subdivision, the term
“other transient lodging” does not include either of the following:
(1) A residential hotel, as defined in Section 50519 of the Health and Safety Code.
(2) After
the issuance of a certificate of occupancy, a resident’s use or
marketing of a unit as short-term lodging, as defined in Section
17568.8 of the Business and Professions Code, in a manner consistent
with local law.
(h) “Light
rail transit” includes streetcar, trolley, and tramway service. “Light
rail transit” does not include airport people movers.
(i) “Net
habitable square footage” 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.
(j) “Low-resource
area” means an area designated as low resource on the most recently
adopted version of the opportunity area maps published by the
California Tax Credit Allocation Committee and the department.
(k) “Rail transit” has the same meaning as defined in Section 99602 of the Public Utilities Code.
(l) “Residential
floor area ratio” means the ratio of net habitable square footage
dedicated to residential use to the area of the lot.
(m) “Transit-oriented development zone” means the area within one-half mile of a transit-oriented development stop.
(n) “Tier
1 transit-oriented development stop” means a transit-oriented
development stop within an urban transit county served by heavy rail
transit or very high frequency commuter rail.
(o) “Tier
2 transit-oriented development stop” means a transit-oriented
development stop within an urban transit county, excluding a Tier 1
transit-oriented development stop, served by light rail transit, by
high-frequency commuter rail, or by bus service meeting the standards
of paragraph (1) of subdivision (a) of Section 21060.2 of the Public
Resources Code.
(p) “Transit-oriented
development stop” means a major transit stop, as defined by Section
21064.3 of the Public Resources Code, and also including stops on a
route for which a preferred alternative has been selected or which are
identified in a regional transportation improvement program, that is
served by heavy rail transit, very high frequency commuter rail, high
frequency commuter rail, light rail transit, or bus service within an
urban transit county meeting the standards of paragraph (1) of
subdivision (a) of Section 21060.2 of the Public Resources Code. When a
new transit route or extension is planned that was not identified in
the applicable regional transportation plan on or before January 1,
2026, those stops shall not be eligible as transit-oriented development
stops unless they would be eligible as Tier 1 transit-oriented
development stops. If a county becomes an urban transit county
subsequent to July 1, 2026, then bus service in that county shall
remain ineligible for designation of a transit-oriented development
stop.
(q) “Urban transit county” means a county with more than 15 passenger rail stations.
(r) “Very
high frequency commuter rail” means a commuter rail service with a
total of at least 72 trains per day across both directions, not
including temporary service changes of less than one month or unplanned
disruptions, at any point in the past three years.
65912.157.
(a) A housing development project shall be an allowed use as
a transit-oriented housing development on any site zoned for
residential, mixed, or commercial development within one-half or
one-quarter mile of a transit-oriented development stop, if the
development complies with the applicable of all of the following
requirements:
(1) A
transit-oriented housing development project allowed under this chapter
shall include at least five dwelling units and meet the greater of the
following:
(A) A minimum density of at least 30 dwelling units per acre.
(B) The minimum density required under local zoning, if applicable.
(2) 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.
(3) For
a transit-oriented housing development project within one-quarter mile
of a Tier 1 transit-oriented development stop, all of the following
apply:
(A) A local government shall not impose any height limit less than 75 feet.
(B) A local government shall not impose any maximum density of less than 120 dwelling units per acre.
(C) A
local government shall not enforce any other local development standard
or combination of standards that would physically preclude achieving a
residential floor area ratio of up to 3.5.
(D) A
development that achieves a minimum density of 90 dwelling units per
acre and that otherwise meets the eligibility requirements of Section
65915, including, but not limited to, affordability requirements, shall
be eligible for additional concessions pursuant to Section 65915, as
specified in subdivision (d).
(4) For
a transit-oriented housing development project further than one-quarter
mile but within one-half mile of a Tier 1 transit-oriented development
stop, and within a city with a population of at least 35,000, all of
the following apply:
(A) A local government shall not impose any height limit less than 65 feet.
(B) A local government shall not impose any maximum density standard of less than 100 dwelling units per acre.
(C) A
local government shall not enforce any other local development standard
or combination of standards that would physically preclude achieving a
residential floor area ratio of up to 3.
(D) A
development that achieves a minimum density of 75 dwelling units per
acre and that otherwise meets the eligibility requirements of Section
65915, including, but not limited to, affordability requirements, shall
be eligible for additional concessions pursuant to Section 65915, as
specified in subdivision (d).
(5) For
a transit-oriented housing development project within one-quarter mile
of a Tier 2 transit-oriented development stop, all of the following
apply:
(A) A local government shall not impose any height limit less than 65 feet.
(B) A local government shall not impose any maximum density standard of less than 100 dwelling units per acre.
(C) A
local government shall not enforce any other local development standard
or combination of standards that would physically preclude achieving a
residential floor area ratio of up to 3.
(D) A
development that achieves a minimum density of 75 dwelling units per
acre and that otherwise meets the eligibility requirements of Section
65915, including, but not limited to, affordability requirements, shall
be eligible for additional concessions pursuant to Section 65915, as
specified in subdivision (d).
(6) For
a transit-oriented housing development project further than one-quarter
mile but within one-half mile of a Tier 2 transit-oriented development
stop, and within a city with a population of at least 35,000, all of
the following apply:
(A) A local government shall not impose any height limit less than 55 feet.
(B) A local government shall not impose any maximum density standard of less than 80 dwelling units per acre.
(C) A
local government shall not enforce any other local development standard
or combination of standards that would physically preclude achieving a
residential floor area ratio of up to 2.5.
(D) A
development that achieves a minimum density of 60 dwelling units per
acre and that otherwise meets the eligibility requirements of Section
65915, including, but not limited to, affordability requirements, shall
be eligible for additional concession pursuant to Section 65915, as
specified in subdivision (d).
(b) For
purposes of this chapter, the distance of a transit-oriented housing
development project from a transit-oriented development stop shall be
measured in a straight line from the nearest edge of the parcel
containing the proposed project to a pedestrian access point for the
transit-oriented development stop.
(c) A
local government may still enact and enforce standards, including an
inclusionary zoning requirement that do not, alone or in concert,
prevent achieving the applicable development standards of subdivision
(a). A local government shall not adopt any requirement, including, but
not limited to, increased fees or inclusionary zoning requirements,
that applies to a project solely or partially on the basis that the
project is seeking approval as a transit-oriented housing development,
except as necessary for the requirements of this chapter.
(d) A
transit-oriented housing development project under this section shall
be eligible for a density bonus, incentives or concessions, waivers or
reductions of development standards, and parking ratios pursuant to
Section 65915 or a local density bonus program, using the density
allowed under this section as the base density. If a development
proposes a height under this section in excess of the local height
limit, then a local government shall not be required to grant a waiver,
incentive, or concession pursuant to Section 65915 for additional
height beyond that specified in this section, except as provided in
subparagraph (D) of paragraph (2) of subdivision (d) of Section 65915.
A development shall be eligible for the following additional
concessions, if it meets the applicable density threshold specified for
its location:
(1) For a development providing housing for extremely low income households, three additional concessions.
(2) For a development providing housing for very low income households, two additional concessions.
(3) For a development providing housing for low-income households, one additional concession.
(e) Notwithstanding
any other law, a transit-oriented housing development project that
meets any of the eligibility criteria under subdivision (a) and is
immediately adjacent to a transit-oriented development stop shall be
eligible for an adjacency intensifier to increase the height limit by
an additional 20 feet, the maximum density standard by an additional 40
dwelling units per acre, and the residential floor area ratio by 1
prior to the application of Section 65915.
(f) A
development proposed pursuant to this section shall comply with Section
66300.6, including any local requirements or processes implementing the
provisions of Section 66300.6. This subdivision shall apply to any city
or county.
(g) A
development proposed pursuant to this section shall comply with any
applicable local demolition and antidisplacement standards established
through a local ordinance.
(h) A development proposed pursuant to this section shall not be located on either of the following:
(1) A
site containing more than two units where the development would require
the demolition of housing that is subject to any form of rent or price
control through a public entity’s valid exercise of its police power
that has been occupied by tenants within the past seven years.
(2) A
site that was previously used for more than two units of housing that
were demolished within seven years before the development proponent
submits an application under this section and any of the units were
subject to any form of rent or price control through a public entity’s
valid exercise of its police power.
(i) A
development proposed pursuant to this section shall include housing for
lower income households by complying with one of the following
requirements:
(1) (A) Any of the following:
(i) At
least 7 percent of the total units, as defined in subparagraph (A) of
paragraph (9) of subdivision (o) of Section 65915, are dedicated to
extremely low income households, as defined in Section 50106 of the
Health and Safety Code.
(ii) At
least 10 percent of the total units, as defined in subparagraph (A) of
paragraph (9) of subdivision (o) of Section 65915, are dedicated to
very low income households, as defined in Section 50105 of the Health
and Safety Code.
(iii) At
least 13 percent of the total units, as defined in subparagraph (A) of
paragraph (9) of subdivision (o) of Section 65915, are dedicated to
lower income households, as defined in Section 50079.5 of the Health
and Safety Code.
(B) This paragraph shall not apply to any development of 10 units or less.
(C) All
units dedicated to extremely low income, very low income, and
low-income households pursuant to subparagraph (A) shall meet both of
the following:
(i) The
units shall have an affordable housing cost, as defined in Section
50052.5 of the Health and Safety Code, or an affordable rent, as
defined in Section 50053 of the Health and Safety Code.
(ii) The
development proponent shall agree to, and the local agency shall
ensure, the continued affordability of all affordable rental units
included pursuant to this section for 55 years and all affordable
ownership units included pursuant to this section for a period of 45
years.
(2) If
a local inclusionary housing requirement mandates a higher percentage
of affordable units or a deeper level of affordability than that
described in paragraph (1), then the local inclusionary housing
requirement mandate shall apply in place of the requirements in
paragraph (1).
(j) A
development proposed pursuant to this chapter shall be consistent with
the height, noise, and safety standards of an adopted airport land use
compatibility plan or Department of Defense Air Installation Compatible
Use Zones developed pursuant to Section 21675 of the Public Utilities
Code, and of otherwise applicable objective fire safety standards
established pursuant to the California Building Code, the California
Fire Code, the California, Wildland-Urban Interface Code, the Health
and Safety Code, the Public Resources Code, or Chapter 6.8 (commencing
with Section 51175) of Part 1 of Division 1 of Title 5 of this code.
(k) Any
transit-oriented housing development pursuant to this section shall
meet the labor standards of subparagraphs (A), (B), (C), (D), (F), and
(G) of paragraph (8) of subdivision (a) of Section 65913.4 for any
building over 85 feet in height, which shall be applicable to the
building.
(l) For
purposes of subdivision (j) of Section 65589.5, a proposed housing
development project that is consistent with the applicable standards
from this chapter, as well as applicable local objective general plan
and zoning standards that do not alone or in concert prevent achieving
those standards, and as modified by any incentive, concession, or
waiver under Section 65915, shall be deemed consistent, compliant, and
in conformity with an applicable plan, program, policy, ordinance,
standard, requirement, or other similar provision. This subdivision
shall not require a ministerial approval process or modify the
requirements of Division 13 (commencing with Section 21000) of the
Public Resources Code.
(m) Beginning
on January 1, 2027, a local government that denies a housing
development project meeting the requirements of this section that is
located in a high-resource area shall be presumed to be in violation of
the Housing Accountability Act (Section 65589.5) and immediately liable
for penalties pursuant to subparagraph (B) of paragraph (1) of
subdivision (k) of Section 65589.5, unless the local government
demonstrates, pursuant to the standards in subdivisions (j) and (o) of
Section 65589.5, that it has a health, life, or safety reason for
denying the project.
(n) This
section shall not apply to a local agency until July 1, 2026, unless
the local agency adopts an ordinance or local transit-oriented
development alternative plan deemed compliant by the department before
July 1, 2026. It shall not apply within an unincorporated area of a
county until the 7th regional housing needs allocation cycle.
65912.158.
(a) For the purposes of this section, “agency
transit-oriented development project” means a housing development
project or mixed use residential project that meets all of the
following requirements:
(1) A minimum of 50 percent of the total square footage of the project is dedicated to residential purposes.
(2) A
minimum of 20 percent of the total number of units shall be restricted
for the affordable lower income households and shall be subject to a
recorded affordability restriction for at least 55 years in the case of
rental units and 45 years in the case of owner occupied units, unless a
local ordinance or the terms of federal, state, or local tax credit, or
other project financing requires a longer period of affordability.
(3) The
average total floor area of floor space for the proposed units in the
housing development project shall not exceed 1,750 net habitable square
feet.
(4) The
parcel or parcels on which the project is located is an infill site, as
defined in Section 21061.3 of the Public Resources Code.
(5) The
transit-oriented development parcels on which the transit-oriented
development project would be located was not acquired through eminent
domain on or after July 1, 2025.
(6) The parcels on which the transit-oriented development project would be located are owned by the agency and either:
(A) The
parcels are adjacent to a transit-oriented development stop for which
the agency operates service, or form a contiguous area adjacent to such
a transit-oriented development stop.
(B) At
least 75 percent of the project area is located within one-half mile of
a transit-oriented development stop for which the agency operates
service or plans to provide service and was owned by the agency on or
before January 1, 2026.
(b) (1) A
transit agency’s board of directors may adopt by resolution agency
transit-oriented development zoning standards for district-owned real
property located in a transit-oriented development zone. These
standards shall establish minimum local zoning requirements for height,
density, residential floor area ratio, and allowed uses, that shall
apply to an agency transit-oriented development project, that shall be
consistent with Section 65912.157.
(2) Adopted
agency transit-oriented development zoning standards shall establish,
for each transit station, the lowest permissible maximum standard for
height, density, and residential floor area ratio, and a list of
approved residential, retail, and commercial uses.
(3) The
agency transit-oriented development zoning standards adopted by the
board of directors shall not adopt a lowest permissible maximum
standard for density or residential floor area ratio below the level
permitted under Section 65912.157, and shall not prohibit residential
use.
(4) The
agency transit-oriented development zoning standards shall not
establish density standards that exceed 200 percent of the maximum
density established in Section 65912.157.
(c) The
adoption of, and amendments to, the agency transit-oriented development
zoning standards shall comply with all of the following:
(1) The
transit agency shall hold a public hearing to receive public comment on
the proposed agency transit-oriented development zoning standards or
proposed changes to the agency transit-oriented development zoning
standards. The transit agency shall conduct direct outreach to relevant
local governments and to communities of concern around each station.
Before or during the scoping meeting, the transit agency shall consult
with each local government in which the station is located, as well as
any relevant infrastructure agencies. The consultation required
pursuant to this section shall include all of the following:
(A) A review of the housing needs of the jurisdiction.
(B) A review of the transit-oriented development approved and built in the past year in the jurisdiction.
(C) A
review of any transit-oriented development projects proposed by the
transit agency in the jurisdiction for the past year.
(D) A discussion of any obstacles to development of any project proposed by the transit agency.
(2) Not
less than 30 days before a public hearing of the board to consider the
agency transit-oriented development zoning standards, the transit
agency shall provide public notice and make the draft standards
available to the public.
(3) The
board shall adopt or reject any proposed agency transit-oriented
development zoning standards at a publicly noticed meeting of the board
not less than 30 days following the original public hearing.
(d) Objective
standards adopted pursuant to paragraph (b) shall not preempt or
otherwise displace local discretionary standards that apply to hotel,
motel, bed and breakfast, or other transient lodging use, including
short-term lodging, as defined in Section 17568.8 of the Business and
Professions Code. For the purposes of this subdivision, the term “other
transient lodging” does not include a residential hotel, as defined in
Section 50519 of the Health and Safety Code.
(e) Where
local zoning is inconsistent with the agency transit-oriented
development zoning standards for a station, the local jurisdiction may
adopt a local zoning ordinance that conforms to the transit-oriented
development zoning standards.
(f) (1) A
local government shall not be required to approve any height limit in
excess of the standard for development adjacent to the transit-oriented
development stop under Section 65912.157.
(2) The
transit agency shall make a finding as to whether the local zoning
ordinance conforms to the agency transit-oriented development zoning
standards. Local zoning shall remain in place unless the transit agency
determines that it does not conform to the agency transit-oriented
development zoning standards. If, according to the transit agency’s
finding, the local zoning ordinance does not conform to the agency
transit-oriented development zoning standards after two years of the
date that the agency transit-oriented development zoning standards are
adopted by the board for that station, the agency transit-oriented
development zoning standards shall become the local zoning for any
district-owned parcels that are eligible under this section, except for
any height limit in excess of the standard for development adjacent to
the transit-oriented development stop under Section 65912.157. For each
station, a local jurisdiction may update zoning for transit
agency-owned land to comply with agency transit-oriented development
zoning standards until the time that the transit agency enters into an
exclusive negotiating agreement with a developer for an agency
transit-oriented development project.
(g) (1) The
transit agency’s approval of agency transit-oriented development zoning
standards shall be subject to review under the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the Public
Resources Code). The district shall serve as the lead agency for
California Environmental Quality Act review for transit-oriented
development zoning standards.
(2) Any
subsequent California Environmental Quality Act review of rezoning to
conform with agency transit-oriented development zoning standards, and
of eligible transit-oriented development projects proposed and on
district-owned land, shall incorporate the environmental review
document certified for the transit-oriented development zoning
standards consistent with Section 21094 of the Public Resources Code. A
public agency shall not prepare an environmental impact report or
mitigated negative declaration for rezoning pursuant to paragraph (2)
of subdivision (f) to implement agency transit-oriented development
zoning standards or for a transit-oriented development project
subsequent to the transit agency’s certification of an environmental
review document for approval of agency transit-oriented development
zoning standards unless the public agency finds, based on substantial
evidence, that the rezoning or transit-oriented development project
creates a significant effect on the environment that was not analyzed
in the prior environmental review document, and mitigated or avoided.
(h) A
local agency may adopt objective, written development standards,
conditions, and policies that apply to development on district-owned
property, provided that they demonstrate their consistency with the
agency transit-oriented development zoning standards. In the event that
the agency transit-oriented development zoning standards, objective
planning standards, general plan, or design review standards are
mutually inconsistent, the agency transit-oriented development zoning
standards shall be the controlling standards. To the extent that the
zoning standards do not resolve inconsistencies, the general plan shall
be the controlling standard.
(i) Zoning
in effect as a result of this section shall be considered the same as
locally approved zoning for all purposes, including the Density Bonus
Law and the Housing Accountability Act.
(j) Any agency transit-oriented development project shall comply with the antidisplacement requirements of Section 66300.6.
(k) A
local government shall not be required to approve any height limit
under this section greater than the height limit specified in this
chapter for development adjacent to the relevant tier of a
transit-oriented development stop. A transit agency shall not set a
maximum height, density, or residential floor area ratio below that
which would be allowed for the site under this chapter.
(l) If
nonresidential development is included in an agency transit-oriented
development project, at least 25 percent of the total planned units
affordable to lower income households shall be made available for lease
or sale and permitted for use and occupancy before or at the same time
with every 25 percent of nonresidential development made available for
lease or sale and permitted for use and occupancy.
(m) The
development applicant for an agency transit-oriented development
project proposed pursuant to this section shall certify that the labor
standards in paragraphs (8) and (9) of subdivision (a) of Section
65913.4 will be met in project construction, and those standards shall
apply if the project is approved by the public agency. Notwithstanding
the preceding sentence, this subdivision shall not apply if all
contractors and subcontractors performing work on the development are
subject to a project labor agreement with the transit agency that was
entered into before July 1, 2026, that requires the payment of
prevailing wages to all construction workers employed in the execution
of the development and provides for the enforcement of that obligation
through an arbitration procedure. For the purposes of this subdivision,
“project labor agreement,” has the same meaning as set forth in
paragraph (1) of subdivision (b) of Section 2500 of the Public Contract
Code.
65912.159.
(a) A housing development project proposed pursuant to
Section 65912.157 shall be eligible for streamlined ministerial
approval pursuant to Section 65913.4 in accordance with all of the
following:
(1) The
proposed project shall be exempt from subparagraph (A) of paragraph (4)
of, and paragraph (5) of, subdivision (a) of Section 65913.4.
(2) The
proposed project shall comply with the affordability requirements in
subclauses (I) to (III), inclusive, of clause (i) of subparagraph (B)
of paragraph (4) of subdivision (a) of Section 65913.4.
(3) The
proposed project shall comply with all other requirements of Section
65913.4, including, but not limited to, the prohibition against a site
that is within a very high fire hazard severity zone, pursuant to
subparagraph (D) of paragraph (6) of subdivision (a) of Section 65913.4.
(b) Any
housing development proposed pursuant to Section 65912.157 not seeking
streamlined approval under Section 65913.4 shall be reviewed according
to the jurisdiction’s development review process and Section 65589.5,
except that any local zoning standard conflicting with the requirements
of this chapter shall not apply.
65912.160.
(a) The department shall oversee compliance with this chapter.
(b) The
department shall promulgate standards on how to allow for capacity
pursuant to this chapter to be counted in a city or county’s inventory
of land suitable for residential development pursuant to Section
65583.2, no later than July 1, 2026.
(c) (1) A
local government may enact an ordinance to make its zoning code
consistent with the provisions of this chapter, subject to review by
the department pursuant to subdivision (d). This ordinance may include
objective development standards, conditions, and policies, applying to
transit-oriented housing developments, that are demonstrated by a
preponderance of evidence to not physically preclude, alone or in
concert, the applicable housing development standards of Section
65912.157.
(2) The
ordinance described in paragraph (1) shall not be considered a project
under Division 13 (commencing with Section 21000) of the Public
Resources Code.
(d) If
a local government adopts an ordinance to come into compliance with
this section, the following provisions shall apply:
(1) (A) At
least 14 days prior to adoption of an ordinance pursuant to this
section, the local government shall submit a draft ordinance to the
department.
(B) The department may review the draft and report its written findings to the planning agency.
(2) A
local government shall submit a copy of any ordinance enacted pursuant
to this section to the department within 60 days of enactment.
(3) (A) The
department shall, within 90 days, review the enacted ordinance, make a
finding as to whether the enacted ordinance is in substantial
compliance with this section, and report that finding to the local
government.
(B) If
needed, the department may request an additional 30 days to make a
finding as to whether the enacted ordinance is in substantial
compliance with this section, and report that finding to the local
government.
(C) If
the department does not provide written findings to the local
government within the review period provided for in this paragraph, the
ordinance shall be deemed compliant for the purposes of assessing
penalties, including those pursuant to subdivision (m) of Section
65912.157.
(4) If
at any time the department determines that the ordinance does not
comply with this section, the department shall notify the local
government in writing. The department shall provide the local
government a reasonable time, not to exceed 60 days, to respond before
taking further action as authorized by this section.
(5) The
local government shall consider any findings made by the department
pursuant to paragraph (4) and shall do one of the following:
(A) Amend the ordinance to comply with this section.
(B) Enact
the ordinance without changes. The local government shall include
findings in its resolution adopting the ordinance that explain the
reasons the local government believes that the ordinance complies with
this section despite the findings of the department.
(6) If
the local government does not amend its ordinance in response to the
department’s findings or does not adopt a resolution with findings
explaining the reason the ordinance complies with this section and
addressing the department’s findings, the department shall notify the
local government and may notify the Attorney General that the local
government is in violation of this section.
(e) The
ordinance may designate areas within one-half mile of a
transit-oriented development stop as exempt from the provisions of this
chapter if:
(1) The
local government makes findings supported by substantial evidence that
there exists no walking path of less than one mile from that location
to the transit-oriented development stop.
(2) A
local government with at least 15 transit-oriented development stops
designates the area as an industrial employment hub. An industrial
employment hub shall be a contiguous area of at least 250 acres
designated in the jurisdiction’s general plan on or before January 1,
2025, as an employment lands area; the parcels within it shall be
primarily dedicated to industrial use as defined in paragraph (3) of
subdivision (f) of Section 65912.121; and housing shall not be a
permitted use on any of the sites so excluded.
(f) Each
metropolitan planning organization shall create a map of
transit-oriented development stops and zones within its region by tier,
as designated under this chapter, in accordance with the department’s
guidance pursuant to subdivision (b). This map shall have a rebuttable
presumption of validity for use by project applicants and local
governments.
65912.161.
(a) For purposes of this section, “transit-oriented
development alternative plan” shall mean a plan adopted by the local
agency via the adoption of the housing element, a program to implement
the housing element, the adoption of a specific plan, a zoning overlay,
or enactment of an ordinance; that brings the local agency into
compliance with this chapter and that incorporates all of the following:
(1) A
local transit-oriented development alternative plan shall maintain at
least the same total net zoned capacity, in terms of both total units
and residential floor area, as provided for in this chapter across all
transit-oriented development zones within the jurisdiction.
(A) Net
zoned capacity in units shall be measured by subtracting the current
number of units on the site from the number allowed by the applicable
development standards.
(B) Net
zoned capacity in floor area shall be measured by subtracting the
current developed floor area of the site from the amount allowed by the
applicable development standards.
(2) The
plan shall not reduce the maximum allowed density for any individual
site on which the plan allows residential use by more than 50 percent
below that permitted under this chapter, except for sites meeting any
of the following criteria:
(A) Sites
within a very high fire hazard severity zone, as determined by the
Department of Forestry and Fire Protection pursuant to Section 51178,
or within the state responsibility area, as defined in Section 4102 of
the Public Resources Code.
(B) Sites
that are vulnerable to one foot of sea level rise, as determined by the
National Oceanic and Atmospheric Administration, the Ocean Protection
Council, the United States Geological Survey, the University of
California, or a local government’s coastal hazards vulnerability
assessment.
(C) Sites
with a historic resource designated on a local register, so long as
sites excluded from the density requirements of this paragraph on that
basis do not cumulatively exceed 10 percent of the eligible area of any
transit-oriented development zone.
(D) Sites
within one-half mile of a Tier 2 transit-oriented development stop
shall not have a density below 30 units per acre with a residential
floor area ratio of 1.0, except for sites specified in subparagraphs
(A) to (C), and should be considered for attached entry level owner
occupied housing development opportunities.
(3) The
plan shall not reduce the capacity in any transit-oriented development
zone in total units or residential floor area by more than 50 percent.
(4) A
site’s maximum capacity counted toward the plan shall not exceed 200
percent of the maximum density established under this chapter. Any site
excluded from the minimum density requirements of subparagraphs (A) to
(C) of paragraph (2) shall not be counted toward the plan’s capacity.
For purposes of this section, calculations regarding capacity, density,
and floor area shall include capacity, density, or floor area available
under voluntary local housing incentive programs.
(5)
A local transit-oriented development alternative plan may consist
of an existing local transit-oriented zoning ordinance, overlay zone,
specific plan, or zoning incentive ordinance, provided that it meets
the requirements of this subdivision.
(b) (1) Prior
to one year following the adoption of the seventh revision of the
housing element, Section 65912.157 shall not apply to any of the
following for which the local government has adopted an ordinance in
accordance with Section 65912.160 indicating the site’s exclusion:
(A) A
site that has been identified by the local jurisdiction which permits
density and residential floor area ratio at no less than 50 percent of
the standards specified under subdivision (a) of Section 65912.157.
(B) (i) A
site in a transit-oriented development zone in which at least 33
percent of sites in the relevant transit-oriented development zone have
permitted density and residential floor area ratio no less than 50
percent of the standards specified under subdivision (a) of Section
65912.157 and which includes sites with densities that cumulatively
allow for at least 75 percent of the aggregate density for the
transit-oriented development zone specified under subdivision (a) of
Section 65912.157.
(ii) A
site in a transit-oriented development zone around a transit-oriented
development stop that is primarily comprised of a low-resource area
which includes sites with densities that cumulatively allow for at
least 40 percent of the aggregate density for the transit-oriented
development zone specified under subdivision (a) of Section 65912.157.
(iii) A
site in an area designated as low resource on the most recently adopted
version of the opportunity area maps published by the California Tax
Credit Allocation Committee and the department, and within a
jurisdiction that cumulatively allows for at least 50 percent of the
total capacity for units and floor area as specified under Section
65912.157 across all transit-oriented development zones.
(C) A site that is covered by a local transit-oriented development alternative plan adopted by a local government.
(D) Sites
within a very high fire hazard severity zone, as determined by the
Department of Forestry and Fire Protection pursuant to Section 51178,
or within the state responsibility area, as defined in Section 4102 of
the Public Resources Code.
(E) Sites
that are vulnerable to one foot of sea level rise, as determined by the
National Oceanic and Atmospheric Administration, the Ocean Protection
Council, the United States Geological Survey, the University of
California, or a local government’s coastal hazards vulnerability
assessment.
(F) Sites with a historic resource designated as of January 1, 2025, on a local register.
(2) A
local government that has adopted an ordinance pursuant to this
subdivision shall indicate on its public zoning map which sites or
transit-oriented development zones are and are not covered by Section
65912.157.
(c) (1) For
the seventh and subsequent revisions of the housing element, a local
government may include a local transit-oriented development alternative
plan in any of the following ways:
(A) (i) Include
a local transit-oriented alternative plan in its housing element. When
a local government includes a transit-oriented development alternative
plan in its housing element the plan shall include an analysis of how
the plan maintains at least an equal feasible developable housing
capacity as the baseline established by this chapter.
(ii) If
a local government adopts a housing element that the department has
determined to be compliant with this section, then any action to
enforce or implement a compliant housing element shall be subject to
applicable provisions of housing element law (Article 10.6 (commencing
with Section 65580) of Chapter 3).
(iii) The
initial submission of a transit-oriented development alternative plan
shall be included in the local government’s first draft submittal
referenced in subparagraph (C) of paragraph (1) of subdivision (b) of
Section 65585.
(iv) Sites
identified in a local transit-oriented development alternative plan may
be included in the inventory of land suitable for residential
development, pursuant to the additional requirements of Section 65583.
(B) If
a local government does not include the local transit-oriented
alternative plan in its housing element, the local government may adopt
an alternative plan that has been deemed compliant by the department
pursuant to Section 65912.160.
(d) Section
65912.157 shall not apply within a jurisdiction that has a local
transit-oriented alternative plan that has been approved by the
department as satisfying the requirements of this section in effect.
The department’s approval pursuant to this section shall be valid
through the jurisdiction’s next amendment to the housing element of its
general plan.
(e) A
local transit-oriented development alternative plan may consist of an
existing local transit-oriented zoning ordinance, overlay zone,
specific plan, zoning incentive ordinance or existing program, provided
that it meets the requirements of this section.
65912.162.
The Legislature finds and declares that the state faces a housing
crisis of availability and affordability, in large part due to a severe
shortage of housing, and solving the housing crisis therefore requires
a multifaceted, statewide approach, including, but not limited to,
encouraging an increase in the overall supply of housing, encouraging
the development of housing that is affordable to households at all
income levels, removing barriers to housing production, expanding
homeownership opportunities, and expanding the availability of rental
housing, and is a matter of statewide concern and is not a municipal
affair as that term is used in Section 5 of Article XI of the
California Constitution. Therefore, this chapter applies to all cities,
including charter cities.
Riechel
Reports - City
of San Bruno CA Events and of Interest to San Bruno Residents