Housing development: transit-oriented development.

Senator Wiener, joined by Assembly Member Wicks as principal coauthor, presents a transit‑oriented development framework that places the construction of new housing within close proximity to transit stops at the center of its approach, anchored by an emphasis on ownership opportunities and predictable standards for density and design. The core change would make a transit‑oriented housing development an allowed use on sites zoned for residential, mixed, or commercial development within a half‑mile (and in some cases closer) to a TOD stop, provided the project satisfies a defined set of requirements related to size, height, density, and floor area, along with affordability, labor, and demolition safeguards, and would streamline the approval pathway for eligible projects.

Key provisions establish the parameters for what counts as a transit‑oriented housing development and how proximity to TOD stops is measured. An “adjacent” location is within 200 feet of a pedestrian access point to a TOD stop, and a project must include at least five dwelling units. The minimum density is the greater of 30 dwelling units per acre or the local minimum, with a cap on average unit size at 1,750 net habitable square feet. For projects within one‑quarter mile of a Tier 1 TOD stop, local height limits may not be below 75 feet, minimum density cannot be less than 120 DU/acre, and the residential FAR can reach up to 3.5; closer proximity triggers an adjacency incentive that increases height by up to 20 feet, density by up to 40 DU/acre, and FAR by 1, for eligible developments. The bill also requires inclusion of housing for lower income households, with a minimum affordability target expressed as at least 20 percent of units restricted for lower income categories, and a long‑term affordability horizon of 55 years for rental units and 45 years for ownership units. A set of demolition and anti‑displacement protections applies, along with labor standards for certain tall buildings, and local agencies may adopt TOD zoning standards for agency‑owned parcels located near TOD stops, subject to a specified governance and review process. Additionally, the measure ties eligibility for streamlined ministerial approvals to existing efficient review under current law, while carving out exemptions for certain noncompliant sites and activities.

The bill defines a broader zoning and oversight framework to implement these TOD provisions, including a role for the Department of Housing and Community Development to oversee compliance and to promulgate standards for counting TOD capacity within a county’s housing element inventory. Metropolitan planning organizations are directed to map TOD stops and zones by tier, with those maps carrying a rebuttable presumption of validity for project applicants and local governments. Local governments may enact ordinances to align their zoning codes with the TOD framework, provided the ordinances are reviewed for compliance by the department, and there are explicit procedures for department findings, potential amendments, and enforcement. The measure also contemplates local transit‑oriented development alternative plans that preserve total developable capacity while offering different site configurations, with the department’s approval recognized as satisfying the framework through the next housing element amendment cycle. The framework is presented as applicable statewide, including charter cities, with a recognition that the state bears independent interest in housing availability, affordability, and transit investment.

The authors frame the proposal within a statewide housing context, asserting that housing shortages near transit infrastructure can affect affordability and access to mobility, and that strengthening ownership opportunities can contribute to long‑term financial security for households. They contend that the transit‑oriented approach—by clarifying allowable uses, codifying density and height standards by TOD tier, and enabling streamlined approvals—addresses capacity and planning objectives while aligning with state goals for sustainable transit funding and urban development. The authors also highlight findings that emphasize the statewide nature of the housing crisis and the expectation that this policy would apply broadly, including to charter cities, and they acknowledge that local governments would administer a range of protections for workers and residents through labor standards and anti‑displacement measures, with oversight and a defined implementation timeline through mid‑2020s.