Bills

AB 2576: Transit-oriented development: exclusions: historic sites.

Session Year: 2025-2026
House: Assembly
Latest Version Date: 2026-09-14

Current Status:

Passed

(2026-09-15: Chaptered by Secretary of State - Chapter 214, Statutes of 2026.)

Introduced

In Committee

Awaiting First Chamber Vote

Passed First Chamber

In Committee

Awaiting Second Chamber Vote

Passed Second Chamber

Enacted

Version:

Existing law provides that a housing development project shall be an allowed use as a transit-oriented housing development if specified conditions and requirements are met. Existing law provides that these provisions do not apply to a local agency until July 1, 2026, unless the local agency adopts an ordinance or local transit-oriented development alternative plan, as defined, deemed compliant by the Department of Housing and Community Development before July 1, 2026. Existing law specifies that, beginning on January 1, 2027, a local government that denies a housing development project meeting the requirements referenced above that is located in a high-resource area is presumed to be in violation of specified law and immediately liable for specified penalties. Existing law specifies exclusions from the provisions described above, including, among other sites prior to one year following the adoption of the 7th revision of the housing element, a site with a historic resource designated as of January 1, 2025, on a local register.

This bill would also exclude from the provisions described above, a contributing site within a historic district included on the State Historic Resources Inventory designated before January 1, 2025, and a parcel individually listed as a historical resource included on the State Historic Resources Inventory designated before January 1, 2025.

This bill would incorporate additional changes to Section 65912.161 of the Government Code proposed by AB 2415 to be operative only if this bill and AB 2415 are enacted and this bill is enacted last.

Existing law provides that a housing development project shall be an allowed use as a transit-oriented housing development if specified conditions and requirements are met, including certain requirements pertaining to cities with a population of at least 35,000. Existing law defines various terms for these purposes. met. Existing law provides that these provisions do not apply to a local agency until January 1, 2026, unless the local agency adopts an ordinance or local transit-oriented development alternative plan, as defined, deemed compliant by the Department of Housing and Community Development before July 1, 2027. 2026. Existing law specifies that, beginning on January 1, 2027, a local government that denies a housing development project meeting the requirements referenced above that is located in a high-resource area is presumed to be in violation of specified law and immediately liable for specified penalties.

This bill would delay each of those dates, and certain related dates, by one year. The bill would also increase the population threshold for certain requirements to apply to cities, as described above, from 35,000 to 40,000.

Existing law specifies exclusions from the provisions described above, including that a site is covered by a local transit-oriented development alternative plan adopted by a local government, and a site with a historic resource designated as of January 1, 2025, on a local register. Existing law places specified limitations on the reduction of maximum allowed density for certain individual sites, except for sites that meet certain criteria, including a site with a historic resource designated on a local register, as specified. Under existing law, sites with historic resources excluded under this latter provision may not cumulatively exceed 10% of the eligible area of any transit-oriented development zone.

This bill would define historic resource for these purposes to mean a historic resource listed on a local, state, or national historic register. The bill would remove the above-described limitation on the exclusion of sites with a historic resource to 10% of the eligible area of a transit-oriented development zone.

Existing law provides that a housing development project shall be an allowed use as a transit-oriented housing development if specified conditions and requirements are met, including certain requirements pertaining to cities with a population of at least 35,000. Existing law defines various terms for these purposes. Existing law provides that these provisions do not apply to a local agency until January 1, 2026, unless the local agency adopts an ordinance or local transit-oriented development alternative plan, as defined, deemed compliant by the Department of Housing and Community Development before July 1, 2027. Existing law specifies that, beginning on January 1, 2027, a local government that denies a housing development project meeting the requirements referenced above that is located in a high-resource area is presumed to be in violation of specified law and immediately liable for specified penalties.

Existing law, the Planning and Zoning Law, requires each city, county, and city and county to prepare and adopt a general plan that contains certain mandatory elements, including a housing element. That law includes findings and declarations relating to the vital importance of the availability of housing.This bill would make nonsubstantive changes to those provisions.

Version:

The people of the State of California do enact as follows:SECTION 1.Section 65912.161 of the Government Code is amended to read: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 governments 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), inclusive, 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 sites 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), inclusive, of paragraph (2) shall not be counted toward the plans 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 sites 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 governments coastal hazards vulnerability assessment.

(F)Any of the following designated before January 1, 2025:

(i)A site with a historic resource on a local register.

(ii)A contributing site within a historic district included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code.

(iii)A parcel individually listed as a historical resource included in the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code.

(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)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:

(1)(A)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.

(B)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).

(C)The initial submission of a transit-oriented development alternative plan shall be included in the local governments first draft submittal referenced in subparagraph (C) of paragraph (1) of subdivision (b) of Section 65585.

(D)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.

(2)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 departments approval pursuant to this section shall be valid through the jurisdictions 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.

SEC. 1.5.Section 65912.161 of the Government Code is amended to read:65912.161.

(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.

(3)(A)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.

(B)Notwithstanding subparagraph (A), the plan may reduce the capacity in one transit-oriented development zone in total units or residential floor area by more than 50 percent if all of the following conditions are met:

(i)The local jurisdiction adopting the plan is a city.

(ii)The city has a population of less than 150,000.

(iii)A majority of the transit-oriented development zone is part of a local historic district that was designated before January 1, 2000.

(iv)The city has more than one transit-oriented development zone.

(C)A site that is covered by a local transit-oriented development alternative plan adopted by a local government.

(F)Any of the following designated before January 1, 2025:

(i)A site with a historic resource on a local register.

(ii)A contributing site within a historic district included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code.

(iii)A parcel individually listed as a historical resource included in the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code.

(c)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:

(1)(A)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.

SEC. 2.

Section 1.5 of this bill incorporates amendments to Section 65912.161 of the Government Code proposed by both this bill and Assembly Bill 2415. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2027, (2) each bill amends Section 65912.161 of the Government Code, and (3) this bill is enacted after Assembly Bill 2415, in which case Section 1 of this bill shall not become operative.

The people of the State of California do enact as follows:SECTION 1.Section 65912.161 of the Government Code is amended to read:65912.161.

(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.

(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.

(C)A site that is covered by a local transit-oriented development alternative plan adopted by a local government.

(F)Any of the following designated before January 1, 2025:

(i)A site with a historic resource on a local register.

(ii)A contributing site within a historic district included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code.

(iii)A parcel individually listed as a historical resource included in the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code.

(c)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:

SEC. 1.5.Section 65912.161 of the Government Code is amended to read:65912.161.

(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.

(3)(A)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.

(i)The local jurisdiction adopting the plan is a city.

(ii)The city has a population of less than 150,000.

(iii)A majority of the transit-oriented development zone is part of a local historic district that was designated before January 1, 2000.

(iv)The city has more than one transit-oriented development zone.

(C)A site that is covered by a local transit-oriented development alternative plan adopted by a local government.

(F)Any of the following designated before January 1, 2025:

(i)A site with a historic resource on a local register.

(ii)A contributing site within a historic district included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code.

(iii)A parcel individually listed as a historical resource included in the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code.

(c)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:

(1)(A)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.

SEC. 2.

The people of the State of California do enact as follows:SECTION 1.Section 65912.161 of the Government Code is amended to read:65912.161.

(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.

(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.

(C)A site that is covered by a local transit-oriented development alternative plan adopted by a local government.

(F)Any of the following designated before January 1, 2025:

(i)A site with a historic resource on a local register.

(ii)A contributing site within a historic district included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code.

(iii)A parcel individually listed as a historical resource included in the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code.

(c)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:

SEC. 1.5.Section 65912.161 of the Government Code is amended to read:65912.161.

(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.

(3)(A)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.

(i)The local jurisdiction adopting the plan is a city.

(ii)The city has a population of less than 150,000.

(iii)A majority of the transit-oriented development zone is part of a local historic district that was designated before January 1, 2000.

(iv)The city has more than one transit-oriented development zone.

(4)A sites 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) (C), inclusive, of paragraph (2) shall not be counted toward the plans 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.

(C)A site that is covered by a local transit-oriented development alternative plan adopted by a local government.

(F)Sites with a historic resource designated as of January 1, 2025, on a local register.

(F)Any of the following designated before January 1, 2025:

(i)A site with a historic resource on a local register.

(ii)A contributing site within a historic district included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code.

(iii)A parcel individually listed as a historical resource included in the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code.

(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)

(1)(A)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 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)

(iii)

(iv)

(B)

SEC. 2.

The people of the State of California do enact as follows:SECTION 1.Section 65912.161 of the Government Code is amended to read:65912.161.

(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.

(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.

(A)Any of the following designated before January 1, 2025:(i)Sites with a historic resource on a local register.(ii)A contributing site within a historic district included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code.(iii)A parcel individually listed as a historical resource included in the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code.(B)Prior to one year following the adoption of the seventh revision of the housing element, any of the following: (i)

(ii)(I)

(II)

(III)

(iii)

(C)A site that is covered by a local transit-oriented development alternative plan adopted by a local government.

(iv)

(v)

(F)Any of the following designated before January 1, 2025:

(i)A site with a historic resource on a local register.

(ii)A contributing site within a historic district included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code.

(iii)A parcel individually listed as a historical resource included in the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code.

(c)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:

The people of the State of California do enact as follows:SECTION 1.Section 65912.161 of the Government Code is amended to read:65912.161.

(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.

(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.

(A)Any of the following designated before January 1, 2025:

(i)Sites with a historic resource on a local register.

(ii)A contributing site within a historic district included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code.

(iii)A parcel individually listed as a historical resource included in the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code.

(B)Prior to one year following the adoption of the seventh revision of the housing element, any of the following:

(A)

(i)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)

(ii)(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)

(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)

(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)

(iii)A site that is covered by a local transit-oriented development alternative plan adopted by a local government.

(D)

(iv)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)

(v)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 governments coastal hazards vulnerability assessment.

(F)Any of the following designated before January 1, 2025:(i)Sites with a historic resource on a local register.(ii)A contributing site within a historic district included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code.(iii)A parcel individually listed as a historical resource included in the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code.

(c)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:

The people of the State of California do enact as follows:SECTION 1.Section 65912.156 of the Government Code is amended to read: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)Historic resource means a historic resource listed on a local, state, or national historic register and includes, but is not limited to, a historic district and local landmark district.(h)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 residents 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.(i)Light rail transit includes streetcar, trolley, and tramway service. Light rail transit does not include airport people movers.(j)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.(k)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. (l)Rail transit has the same meaning as defined in Section 99602 of the Public Utilities Code.(m)Residential floor area ratio means the ratio of net habitable square footage dedicated to residential use to the area of the lot.(n)Transit-oriented development zone means the area within one-half mile of a transit-oriented development stop.(o)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.(p)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.(q)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.(r)Urban transit county means a county with more than 15 passenger rail stations.(s)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.SEC. 2.Section 65912.157 of the Government Code is amended to read: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 40,000, 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 40,000, 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 entitys 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 entitys 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, 2028, 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, 2027, unless the local agency adopts an ordinance or local transit-oriented development alternative plan deemed compliant by the department before July 1, 2027. It shall not apply within an unincorporated area of a county until the 7th regional housing needs allocation cycle.SEC. 3.Section 65912.158 of the Government Code is amended to read: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, 2027.(b)(1)A transit agencys 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 agencys 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 agencys 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 agencys 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.SEC. 4.Section 65912.160 of the Government Code is amended to read: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 countys inventory of land suitable for residential development pursuant to Section 65583.2, no later than July 1, 2027.(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 departments findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the departments 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 jurisdictions 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 departments guidance pursuant to subdivision (b). This map shall have a rebuttable presumption of validity for use by project applicants and local governments.SEC. 5.SECTION 1.Section 65912.161 of the Government Code is amended to read:65912.161.

(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.

(C)Sites with a historic resource. 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.

(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.

(C)A site that is covered by a local transit-oriented development alternative plan adopted by a local government.

(F)Any of the following designated before January 1, 2025:

(F)

(i)Sites designated as with a historic resource as of January 1, 2025. on a local register.

(ii)A contributing site within a historic district included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code.

(iii)A parcel individually listed as a historical resource included in the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code.

(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)

(ii)

(iii)

(iv)

(B)

The people of the State of California do enact as follows:SECTION 1.Section 65912.156 of the Government Code is amended to read: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)Historic resource means a historic resource listed on a local, state, or national historic register and includes, but is not limited to, a historic district and local landmark district.

(g)

(h)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 residents 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)

(i)Light rail transit includes streetcar, trolley, and tramway service. Light rail transit does not include airport people movers.

(i)

(j)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)

(k)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)

(l)Rail transit has the same meaning as defined in Section 99602 of the Public Utilities Code.

(l)

(m)Residential floor area ratio means the ratio of net habitable square footage dedicated to residential use to the area of the lot.

(m)

(n)Transit-oriented development zone means the area within one-half mile of a transit-oriented development stop.

(n)

(o)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)

(p)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)

(q)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)

(r)Urban transit county means a county with more than 15 passenger rail stations.

(r)

(s)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.

SEC. 2.Section 65912.157 of the Government Code is amended to read: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, 40,000, 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.

(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, 40,000, 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 entitys 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 entitys 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, 2028, 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, 2027, unless the local agency adopts an ordinance or local transit-oriented development alternative plan deemed compliant by the department before July 1, 2026. 2027. It shall not apply within an unincorporated area of a county until the 7th regional housing needs allocation cycle.

SEC. 3.Section 65912.158 of the Government Code is amended to read:65912.158.

(a)For the purposes of this section, agency transit-oriented development project means a housing development project or mixed use 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 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. 2027.

(b)(1)A transit agencys 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 agencys 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 agencys 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 agencys 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.

SEC. 4.Section 65912.160 of the Government Code is amended to read: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 countys inventory of land suitable for residential development pursuant to Section 65583.2, no later than July 1, 2026. 2027.

(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 departments findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the departments 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 jurisdictions 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 departments guidance pursuant to subdivision (b). This map shall have a rebuttable presumption of validity for use by project applicants and local governments.

SEC. 5.Section 65912.161 of the Government Code is amended to read:65912.161.

(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.

(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 sites 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) (C), inclusive, of paragraph (2) shall not be counted toward the plans 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.

(C)A site that is covered by a local transit-oriented development alternative plan adopted by a local government.

(F)Sites with designated as a historic resource designated as of January 1, 2025, on a local register. 2025.

(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 governments 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.

SECTION 1.Section 65580 of the Government Code is amended to read:65580.The Legislature finds and declares all of the following:(a)The availability of housing is of vital statewide importance, and the early attainment of decent housing and a suitable living environment for every Californian, including farmworkers, is a priority of the highest order.(b)The early attainment of this goal requires the cooperative participation of government and the private sector in an effort to expand housing opportunities and accommodate the housing needs of Californians of all economic levels.(c)Providing housing that is affordable to low- and moderate-income households requires the cooperation of all levels of government.(d)Local and state governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provision for the housing needs of all economic segments of the community.(e)The Legislature recognizes that in carrying out this responsibility, each local government also has the responsibility to consider economic, environmental, and fiscal factors and community goals set forth in the general plan and to cooperate with other local governments and the state in addressing regional housing needs.(f)Designating and maintaining a supply of land and adequate sites suitable, feasible, and available for the development of housing sufficient to meet the localitys housing need for all income levels is essential to achieving the states housing goals and the purposes of this article.

Date	Status
Sep 15, 2026	Chaptered by Secretary of State - Chapter 214, Statutes of 2026.
Sep 14, 2026	Chaptered by Secretary of State - Chapter 214, Statutes of 2026.
Sep 15, 2026	Approved by the Governor.
Sep 14, 2026	Approved by the Governor.
Aug 27, 2026	Enrolled and presented to the Governor at 4 p.m.
Aug 20, 2026	Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0.).
Aug 20, 2026	Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0. Page 6327.).
Aug 20, 2026	Senate amendments concurred in. To Engrossing and Enrolling.
Aug 19, 2026	In Assembly. Concurrence in Senate amendments pending.
Aug 19, 2026	Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0.).
Aug 19, 2026	Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 5552.).
Aug 11, 2026	Read second time. Ordered to third reading.
Aug 10, 2026	Read third time and amended. Ordered to second reading.
Aug 3, 2026	Read second time. Ordered to third reading.
Jul 2, 2026	From committee: Do pass. (Ayes 7. Noes 0.) (July 1).
Jun 25, 2026	From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 10. Noes 0.) (June 24). Re-referred to Com. on L. GOV.
Jun 15, 2026	From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HOUSING.
May 28, 2026	From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HOUSING.
May 13, 2026	Referred to Coms. on HOUSING and L. GOV.
May 5, 2026	In Senate. Read first time. To Com. on RLS. for assignment.
May 4, 2026	Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0.)
May 4, 2026	Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 4907.)
May 4, 2026	Read third time. Passed. Ordered to the Senate.
Apr 27, 2026	Read second time. Ordered to third reading.
Apr 23, 2026	From committee: Do pass. (Ayes 9. Noes 0.) (April 22).
Apr 20, 2026	Re-referred to Com. on L. GOV.
Apr 16, 2026	(Pending re-refer to Com. on L. GOV.)
Apr 16, 2026	Assembly Rule 56 suspended. (Page 4663.)
Apr 16, 2026	Assembly Rule 56 suspended.
Apr 16, 2026	Read second time and amended.
Apr 15, 2026	From committee: Amend, and do pass as amended and re-refer to Com. on L. GOV. (Ayes 11. Noes 0.) (April 15).
Mar 23, 2026	Re-referred to Com. on H. & C.D.
Mar 19, 2026	Referred to Coms. on H. & C.D. and L. GOV.
Mar 19, 2026	From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended.
Feb 21, 2026	From printer. May be heard in committee March 23.
Feb 20, 2026	Read first time. To print.

Date	Description	Location	Votes
Aug 20, 2026	AB 2576 Harabedian Concurrence in Senate Amendments	Assembly Floor	76 0 3 Passed
Aug 19, 2026	Assembly 3rd Reading AB2576 Harabedian et al. By Pérez	Senate Floor	38 0 2 Passed
Jul 1, 2026	Do pass	Senate Standing Committee on Local Government	7 0 0 Passed
Jun 24, 2026	Do pass, but first be re-referred to the Committee on [Local Government]	Senate Standing Committee on Housing	10 0 0 Passed
May 4, 2026	AB 2576 Harabedian Assembly Third Reading	Assembly Floor	75 0 5 Passed
Apr 22, 2026	Do pass.	Assembly Standing Committee on Local Government	9 0 1 Passed
Apr 15, 2026	Do pass as amended and be re-referred to the Committee on [Local Government]	Assembly Standing Committee on Housing and Community Development	11 0 1 Passed

Key

Pro

Against

Did Not Vote

This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.

Positions by individuals are not included.

* Testimony in a hearing

** Position recorded in bill analysis

*** Position recorded in written testimony

Organization	Position	Date
Abundant Housing LA	** Against
Bay Area Council	** Against
California Preservation Foundation	** Support
City Of Beverly Hills	** Support
City of Oceanside	** Support
City of Pasadena	** Support
City Of San Mateo	** Support
City/County Association of Governments of San Mateo County	** Support
GLENDALE; CITY OF	** Support
Greenbelt Alliance	** Against
Inner City Law Center	** Against
League of California Cities (if amended)	** Support
Pasadena; City of	** Support
Save Beverly Fairfax	** Support
South Pasadena Residents for Responsible Growth	** Against
SPUR	** Against
Streets for All	** Against
The City of South Pasadena	** Support
Yimby Action	** Against

* Testimony in a hearing

** Position recorded in bill analysis

*** Position recorded in written testimony

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2576

Author:(Harabedian)

As Amended Ver:August 10, 2026

Majority vote

SUMMARY

Expands the historic sites exclusion in SB 79 (Wiener), Chapter 512, Statutes 2025, prior to one year following the adoption of the seventh housing element, to include contributing sites within a historic district and parcels individually listed as a historical resource in the State Historic Resources Inventory designated before January 1, 2025.

Senate Amendments

Amendments taken in the Senate address chaptering conflicts.

COMMENTS

SB 79 was one of the state's most recent attempts to encourage additional residential density in climate-smart locations. SB 79 establishes a statewide framework to increase residential density near major transit stops by making qualifying housing development an allowable use on sites zoned for residential, mixed-use, or commercial development within specified distances of transit. SB 79 sets minimum statewide standards for height, density, and residential floor area ratio based on a project's proximity to high-quality transit, and limits the ability of local governments to impose standards that would physically preclude achieving those thresholds. SB 79 developments must include at least five units and comply with specified affordability, labor, and anti-displacement requirements, including prohibitions on demolishing rent-restricted housing and requirements to provide deed-restricted affordable units for developments containing more than 10 units.

SB 79 applies to jurisdictions within "urban transit counties" that have qualifying high-quality transit stops, and requires that, beginning July 1, 2026, housing development projects be an allowable use on qualifying sites within one-half mile of a transit-oriented development (TOD) stop (or one-quarter mile in smaller cities). SB 79 contains implementation deadlines, including requiring the Department of Housing and Community Development (HCD) to issue guidance by July 1, 2026 on how SB 79 capacity is counted toward a jurisdiction's housing element sites inventory, and requiring Metropolitan Planning Organizations to prepare maps of TOD stops and zones to guide implementation. Local governments may adopt implementing ordinances or local TOD alternative plans, subject to HCD review, prior to July 1, 2026, to tailor development standards, so long as the plan maintains equivalent overall residential capacity. SB 79 also provides that, beginning January 1, 2027, denial of a qualifying project in a high-resource area is presumed to violate the Housing Accountability Act, subject to specified exceptions.

Within this framework, SB 79 provides local governments with the ability to craft local alternative plans and implement ordinances. This includes providing local governments with limited local flexibility to reduce development intensity on certain sites. A local TOD alternative plan may reduce the allowable density on an individual site by up to 50% below SB 79's baseline standards, and may further reduce or exempt sites designated as historic resources on a local register, provided that such exemptions do not cumulatively exceed 10% of the total eligible area within a TOD zone. In addition, SB 79 allows local governments, through an implementing ordinance, to fully exempt sites designated as historic resources on a local register as of January 1, 2025 from SB 79 until one year following the adoption of a seventh cycle housing element.

Historic Preservation, Districts, and Landmarks in California: Historic preservation in California operates across local, state, and federal levels, with each level maintaining its own designation processes and regulatory frameworks. Historic resources may include individual landmarks, such as buildings or structures associated with significant events, persons, or architectural styles, as well as historic districts, which are geographically defined areas containing a concentration of historically or culturally significant properties. These resources may be listed on local registers, the California Register of Historical Resources, or the National Register of Historic Places. In California, properties listed on the state or national register are generally treated as "historical resources" for purposes of environmental review, with any proposed development on those sites requiring analysis under the California Environmental Quality Act (CEQA). Notably, listing on the California Register or National Register occurs through state or federal nomination processes that do not require local government approval, meaning properties may receive historic designation even where a local jurisdiction has not chosen to designate or protect them.

The regulatory implications of historic designation vary depending on the level and type of designation. Local governments typically establish and regulate historic districts and landmarks through local ordinances, which may impose restrictions on demolition, alterations, or new construction to preserve the character of designated areas. Within historic districts, individual properties may be classified as "contributing" or "non-contributing" resources, with contributing properties retaining their historic integrity and contributing to the district's overall historical, architectural, or cultural significance, typically because they were constructed during the district's period of significance and reflect its defining characteristics. Non-contributing properties, meanwhile, are geographically located in the district but do not retain those character-defining features. Unlike local historic designations, which are typically implemented through local land use controls, state and federal designations primarily operate through environmental review processes, most notably under CEQA in California.

State housing laws vary in how they treat historic resources when establishing streamlined or ministerial approval pathways. Some laws, such as SB 9 (Atkins), Chapter 162, Statutes of 2021, initially took a more categorical approach by excluding parcels located within historic districts or containing designated historic resources from its requirements; however, subsequent amendments under AB 1061 (Quirk-Silva), Chapter 505, Statutes of 2025, narrowed these exclusions by eliminating the blanket district-wide prohibition and instead focusing on protections for individually designated resources and contributing structures. Other states streamlining and upzoning laws continue to exclude sites containing historic resources more broadly.

SB 79, by contrast, takes a more limited and locally driven approach to historic preservation. Rather than broadly exempting historic resources, SB 79 allows local governments to reduce development intensity on individual sites by up to 50%, or fully exempt sites, only if those properties are designated as historic resources on a local register, and only through adoption of an implementing ordinance or a locally adopted transit-oriented development (TOD) alternative plan subject to review by HCD. Even within that framework, SB 79 places constraints on the use of these exemptions, including a 10% cap on the total amount of land within a TOD zone that may be excluded from SB 79 in a local alternative plan around any given major transit stop. In addition, SB 79 allows local governments to temporarily exempt locally designated historic resources, as of January 1, 2025, from its provisions one year before the next housing element cycle. SB 79's historic preservation framework relies on local designation to determine where protections apply, rather than uniformly recognizing historic resources listed on the California Register or National Register. Under SB 79, only individually listed local resources, and not districts, are afforded these protections.

This Bill: This bill expands the historic site exclusion within SB 79 to allow local governments to adopt an ordinance exempting, through the first year of the seventh housing element cycle, the following properties from SB 79:

Individually listed sites on a state or federal register that were designated prior to January 1, 2025; and
Contributing structures within a historic district that was designated prior to January 1, 2025.

According to the Author

"Assembly Bill 2576 makes targeted, practical improvements to SB 79 to ensure that California can advance transit-oriented housing while protecting the historic places and communities that define our cities and neighborhoods. As SB 79 is implemented, it is important that historic districts and resources listed at the local, state, and national levels are clearly recognized and fully protected. This clean-up legislation preserves the intent of expanding housing near transit while promoting thoughtful implementation that respects community history, reduces unintended consequences, and supports equitable outcomes statewide."

Arguments in Support

The City of South Pasadena writes in support: "AB 2576 makes an important structural correction to SB 79's treatment of historic resources. Under current law, a city's alternative plan may exclude sites with a historic resource, but only those appearing on a local historic register, and only up to 10% of the eligible area. AB 2576 addresses both limitations."

Arguments in Opposition

YIMBY Action writes in opposition: "AB 2576 is an obstructionist measure, meant to delay SB 79, gut its effectiveness, and exclude more areas from its provisions. Its direct purpose would be to make SB 79 less applicable and less effective. More insidious, however, is its historical carveout. Excluding historic sites from the law would hand anti-housing cities an enormous carveout from the law, over which they would have sole discretion. This bill would disproportionately grant high-opportunity, transit-served areas a tool to exclude themselves from critical housing reforms."

FISCAL COMMENTS

None.

VOTES:

ASM HOUSING AND COMMUNITY DEVELOPMENT: 11-0-1

YES: Haney, Patterson, Ávila Farías, Caloza, Garcia, Kalra, Lee, Quirk-Silva, Tangipa, Wicks, Wilson

ABS, ABST OR NV: Ta

ASM LOCAL GOVERNMENT: 9-0-1

YES: Carrillo, Johnson, Pacheco, Ramos, Ransom, Blanca Rubio, Stefani, Ward, Wilson

ABS, ABST OR NV: Ta

ASSEMBLY FLOOR: 75-0-5

YES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Ávila Farías, Bains, Bauer-Kahan, Berman, Boerner, Bonta, Bryan, Calderon, Carrillo, Castillo, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas

ABS, ABST OR NV: Arambula, Bennett, Caloza, Chen, Garcia

UPDATED

VERSION: August 10, 2026

CONSULTANT: Dori Ganetsos / H. & C.D. / (916) 319-2085 FN: 0003805

SENATE COMMITTEE ON LOCAL GOVERNMENT

Senator María Elena Durazo, Chair

2025 - 2026 Regular

Bill No:	AB 2576	Hearing Date:	7/1/26
Author:	Harabedian	Fiscal:	No
Version:	6/15/26	Consultant:	Peterson

Transit-oriented development: exclusions: historic sites

Expands the historic sites exclusion in SB 79 (Wiener, 2025) to include contributing sites within a historic district and parcels individually listed as a historical resource in the State Historic Resources Inventory designated before January 1, 2025.

Background

Land use. The California Constitution allows cities and counties to “make and enforce within its limits, all local, police, sanitary and other ordinances and regulations not in conflict with general laws.” It is from this fundamental power (commonly called the police power) that cities and counties derive their authority to regulate behavior to preserve the health, safety, and welfare of the public—including land use authority.

Cities and counties use their police power to enact zoning ordinances that shape development, such as setting maximum heights and densities for housing units, minimum numbers of required parking spaces, setbacks to preserve privacy, lot coverage ratios to increase open space, and others. These ordinances can also include conditions on development to address aesthetics, community impacts, or other particular site-specific considerations. Zoning ordinances and other development decisions must be consistent with the city or county’s general plan.

California’s housing crisis. California has the largest concentration of severely unaffordable housing markets in the nation, with the average home value in California at $773,363. To keep up with demand, the Department of Housing and Community Development (HCD) estimates that California must plan for the development of more than 2.5 million homes over the next eight years. Many economists point to zoning constraints as a cost driver. Last year, the Legislature passed SB 79 (Wiener, 2025) to remove some of these zoning constraints on projects near transit stops. Building housing near transit is also a strategy to combat climate change, since it can reduce reliance on automobile travel.

Historic preservation. At the federal level, historic preservation efforts are guided by the National Historic Preservation Act (NHPA) of 1966, which was enacted in response to the widespread destruction of historic and cultural sites during postwar infrastructure expansion and urban renewal projects. The NHPA established the National Register of Historic Places, the nation’s official inventory of historic sites, and created procedural protections requiring federal agencies to assess the impact of federal activities on historic resources. It also established a framework for state and local governments, tribal nations, and preservation organizations to participate in historic preservation efforts.

Preservation efforts focus on character-defining features, which are the architectural and physical elements that give a historic district or landmark its distinctive identity. These may include architectural elements, materials, and spatial relationships.

State historic preservation programs. In California, the Office of Historic Preservation (OHP), under the California State Parks, “administers federally and state mandated historic preservation programs to further the identification, evaluation, registration, and protection of California’s irreplaceable resources.” According to the latest version of California’s Statewide Historic Preservation Plan, historic preservation efforts have evolved over the past two decades beyond merely identifying and documenting historic resources. Preservation is now integrated into land use planning, economic development, affordable housing policy, disaster preparedness, and environmental quality initiatives.

Generally, all nominations for state-level listing of historic properties or districts must be submitted to the OHP and reviewed and approved by the nine-member State Historic Resources Commission (SHRC). Properties listed on the National Register of Historic Places or designated as California Historical Landmarks are automatically added to the State Historic Resource Inventory (SHRI). The SHRI includes the California Historical Landmarks, California Historical Points of Interest, and the California Register, which acts as an authoritative list of historical resources in California to be used by state and local agencies, private groups, and citizens to identify the state’s historical resources and to indicate what properties are to be protected, to the extent prudent and feasible, from substantial adverse change.

Local preservation requirements. Cities and counties may also adopt historic preservation requirements or designate historic districts pursuant to their police powers. According to a technical bulletin from the OHP, last updated in 2001, an estimated 250 to 300 cities and counties in California have adopted some kind of historic preservation ordinance.

One way local governments implement historic preservation requirements is through land use controls. According to OHP, “Because of the desire to strengthen the relationship between historic preservation and land use planning, some communities have adopted historic preservation overlay zones (HPOZs) as an alternative to the more traditional approach of designating individual properties or historic districts. HPOZs are established through the zoning ordinance, rather than the independent historic preservation ordinance. An HPOZ adds a layer of regulations over the underlying zoning regulations in a specific area. Another benefit that the zoning overlay has the potential to regulate use in addition to changes in design or fabric. In some jurisdictions HPOZs avoid the issue of a certain percentage of property owner approval. Other communities establish a historic district first through a historic preservation ordinance procedure, and then apply the historic overlay zoning.”^[1]

The extent to which cities and counties use HPOZs vary widely—some jurisdictions have not designated an HPOZ, while others use them extensively. For example, the City of Los Angeles has established 35 HPOZs for neighborhoods it has deemed worthy of protection.

Senate Bill 79. SB 79 (1) made transit-oriented development (TOD) an allowable use on any site zoned for residential, commercial, or mixed use; and (2) allowed a transit agency to adopt objective standards for both residential and mixed-use development projects.

TOD development upzoning. SB 79 entitles a housing development within a specified distance of a transit stop in a residential, mixed-use, or commercial zone to specified development standards described in the table below.

TOD Stop Type	Dist. from Stop (TOD Zone)	Standards for Project
Tier 1: Major transit stop, heavy rail transit, or very high frequency commuter rail	¼ mile from stop	Max Height: 75 ft or 95 ft if adjacent to stop Max Density: 30 - 120 units per acre (u/a) plus any density bonus or 160 u/a if adjacent to stop Floor Area Ratio (FAR): 3.5 or 4.5 if adjacent to stop
	¼ - ½ mile from stop in city with population at least 35,000	Max Height: 65 ft Max Density: 30 - 100 u/a plus any density bonus FAR: 3
Tier 2: Not Tier 1 major transit stops served by light rail transit, high-frequency commuter rail, or bus rapid transit	¼ mile from stop	Max Height: 65 ft or 85 ft if adjacent to stop Max Density: 30 - 100 u/a plus any density bonus or 140 u/a if adjacent to stop
	¼ - ½ mile from stop in a city with a population at least 35,000	Max Height: 55 ft Max Density: 30 - 80 u/a plus any density bonus FAR: 2.5

TOD housing development projects must also meet the following requirements:

The average total area of floor space for the proposed units in the transit oriented housing development project cannot exceed 1,750 net habitable square feet; and
The housing development project must include at least five dwelling units and meet the greater of the following:
- A minimum density of at least 30 dwelling units per acre; or
- The minimum density required under the local zoning, if applicable.

SB 79 prohibits projects from being located on specified sites subject to rent control within the last seven years. SB 79 projects must also meet specified affordability and labor standards.

SB 79 requires metropolitan planning organizations (MPOs) to create a map of TOD stops and zones. Based on those maps, a local government can enact an ordinance to make its zoning consistent with SB 79, subject to HCD review. Additionally, they can adopt a local TOD alternative plan that allows them to adopt their own standards provided they maintain the same amount of housing as the general SB 79 provisions.

Local alternative plans. SB 79 allows cities and counties to submit a local alternative plan to tailor SB 79’s implementation to local conditions provided they maintain the same amount of housing as the general SB 79 provisions. Plans cannot reduce the maximum allowed density for any individual site by more than 50%, except for the following:

Sites within a very high fire hazard severity zone;
Sites that are vulnerable to one foot of sea level rise;
Sites with a historic resource designation on a local register, so long as sites excluded from the density requirements do not cumulatively exceed 10% of the eligible area of any TOD zone; and
Sites within ½ mile of a Tier 2 TOD stop shall not have a density below 30 units per acre with an FAR of 1.0 and should be considered for attached entry-level owner-occupied housing development opportunities.

The plan cannot reduce the capacity in any TOD zone by more than 50%. SB 79 allows local governments to exclude sites with a historic resource designated as of January 1, 2025, on a local register if the local government has adopted an ordinance pursuant to SB 79 indicating the site’s exclusion within one year of adopting the seventh revision of the housing element.

SB 79 provides this flexibility to sites on local registers, but that does not include sites on the state and federal register. The author wants to extend protections for historic sites on local registers to sites on state and federal registers.

Proposed Law

Assembly Bill 2576 expands the historic sites exclusion in SB 79, which lasts until one year following the adoption of the seventh revision of the housing element, to include contributing sites within a historic district and parcels individually listed as a historical resource in the State Historic Resources Inventory designated before January 1, 2025.

Comments

1. Purpose of the bill. According to the author, “Assembly Bill 2576 makes targeted, practical improvements to SB 79 to ensure that California can advance transit-oriented housing while protecting the historic places and communities that define our cities and neighborhoods. As SB 79 is implemented, it is important that historic districts and resources listed at the local, state, and national levels are clearly recognized and fully protected. This clean-up legislation preserves the intent of expanding housing near transit while promoting thoughtful implementation that respects community history, reduces unintended consequences, and supports equitable outcomes statewide.”

2. Nothing lasts forever. AB 2576 expands existing authority for local agencies to exempt historic sites from SB 79 to include sites designated on state and national registers, but only up to one year following the local agency’s adoption of the seventh revision of their housing element. So while historic sites are safe from SB 79 upzoning for now, that protection is only temporary. Once 7^th cycle housing elements are in place for one year, SB 79 treats these sites like any other, potentially putting them at risk of redevelopment.

3. Not so urgent? AB 2576 becomes effective January 1, 2027. However, SB 79 goes into effect on July 1, 2026. That means for six months developers can submit projects near historic sites listed on state and national registers without the protections that AB 2576 seeks to provide for these sites.

4. Related legislation. The Legislature is considering various measures regarding SB 79’s implementation, including:

AB 2415 (Hoover) allows an SB 79 (Wiener) local alternative plan to reduce the net zoned capacity of a transit-oriented development zone by more than 50% if a city meets specified conditions. The Committee is also scheduled to hear this measure at its June 23^rd hearing;
SB 677 (Wiener), which this Committee approved at its January 14^th hearing on a vote of 5-2, would have changed definitions of “high-frequency commuter rail” and “commuter rail” for purposes of implementing SB 79. The measure was later amended to remove provisions regarding SB 79 and replace with them with provisions related to another subject; and
SB 1361 (Durazo), which this Committee approved at its April 29^th hearing on a vote of 5-2, prohibits a local government with an existing or planned transit-oriented development (TOD) stop from taking actions to interfere with a transit project’s approval to avoid the upzoning provisions of SB 79. The measure is currently pending in the Assembly Local Government Committee.

5. Incoming! The Senate Rules Committee has ordered a double referral of AB 2576: first to the Committee on Housing, which approved the bill at its June 24^th hearing on a vote of 10-0 and second to the Committee on Local Government.

Assembly Actions

Assembly Housing and Community Development Committee: 11-0
Assembly Local Government Committee: 9-0
Assembly Floor: 75-0

Support and Opposition

(6/26/26)

Support: California Preservation Foundation
City of Pasadena
City of San Mateo

Opposition: Abundant Housing LA
Bay Area Council
California Yimby
Greenbelt Alliance
Inner City Law Center
Spur
Streets for All

-- END --

Office of Historic Preservation, “Local Preservation Ordinances: Making Them Work for Your Community.” ↑

ASSEMBLY THIRD READING

ATR Bill Id:AB 2576

Author:(Harabedian)

As Amended Ver:April 16, 2026

Majority vote

SUMMARY

Expands the historic sites exclusion in SB 79 (Wiener), Chapter 512, Statutes 2025, (SB 79) to include contributing sites within a historic district and parcels individually listed as a historical resource in the State Historic Resources Inventory designated before January 1, 2025.

Major Provisions

Excludes, from SB 79, contributing sites within a historic district included on the State Historic Resources Inventory, as specified, and a parcel individually listed as a historical resource included in the State Historic Resources Inventory, as specified, that were designated before January 1, 2025.
Makes technical and conforming changes.

COMMENTS

SB 79: SB 79 was one of the state's most recent attempts to encourage additional residential density in climate-smart locations. SB 79 establishes a statewide framework to increase residential density near major transit stops by making qualifying housing development an allowable use on sites zoned for residential, mixed-use, or commercial development within specified distances of transit. SB 79 sets minimum statewide standards for height, density, and residential floor area ratio based on a project's proximity to high-quality transit, and limits the ability of local governments to impose standards that would physically preclude achieving those thresholds. SB 79 developments must include at least five units and comply with specified affordability, labor, and anti-displacement requirements, including prohibitions on demolishing rent-restricted housing and requirements to provide deed-restricted affordable units for developments containing more than 10 units.

Individually listed sites on a state or federal register that were designated prior to January 1, 2025; and
Contributing structures within a historic district that was designated prior to January 1, 2025.

According to the Author

Arguments in Support

Arguments in Opposition

None on file for current bill version.

FISCAL COMMENTS

None.

VOTES

ASM HOUSING AND COMMUNITY DEVELOPMENT: 11-0-1

YES: Haney, Patterson, Ávila Farías, Caloza, Garcia, Kalra, Lee, Quirk-Silva, Tangipa, Wicks, Wilson

ABS, ABST OR NV: Ta

ASM LOCAL GOVERNMENT: 9-0-1

YES: Carrillo, Johnson, Pacheco, Ramos, Ransom, Blanca Rubio, Stefani, Ward, Wilson

ABS, ABST OR NV: Ta

UPDATED

VERSION: April 16, 2026

CONSULTANT: Dori Ganetsos / H. & C.D. / (916) 319-2085 FN: 0002418

Date of Hearing: April 22, 2026

ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT

Juan Carrillo, Chair

ABPCA Bill Id:AB 2576 (

Author:Harabedian) – As Amended Ver:April 16, 2026

SUBJECT: Transit-oriented development

SUMMARY: Expands the historic sites exclusion in SB 79 (Wiener), Chapter 512, Statutes 2025, (SB 79) to include contributing sites within a historic district and parcels individually listed as a historical resource in the State Historic Resources Inventory designated before January 1, 2025. Specifically, this bill:

Excludes, from SB 79, contributing sites within a historic district included on the State Historic Resources Inventory, as specified, and a parcel individually listed as a historical resource included in the State Historic Resources Inventory, as specified, that were designated before January 1, 2025.
Makes technical and conforming changes.

EXISTING LAW:

Creates, pursuant to SB 79, a streamlined, ministerial approvals process for housing development projects meeting certain objective standards within a specified distance of transit-oriented development (TOD) stops as follows:
1. Makes housing development projects an allowable use on any site zoned for residential, mixed-use, or commercial development within one-half mile of a TOD stop in cities with a population of 35,000 or more, and within one-quarter mile of a TOD stop in cities with a population of less than 35,000.
2. Establishes minimum land use standards, including requirements related to height, density, and floor area ratio, for TOD housing projects based on proximity to the TOD stop and the population of the jurisdiction. [Government Code (GOV) § 65912.157]
Allows a local government, through an SB 79 implementing ordinance, to fully exempt sites designated as a historic resource on a local register as of January 1, 2025, from the provisions of SB 79 until one year after the adoption of a seventh cycle housing element. (GOV § 65912.161)
Establishes the State Historical Resources Commission (SHRC), a nine-member state review board, appointed by the Governor, with responsibilities for the identification, registration, and preservation of California's cultural heritage. [Public Resources Code (PRC) 5020, PRC § 5020.2]
Defines a “historic district” as a definable unified geographic entity that possesses a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united historically or aesthetically by plan or physical development. (PRC § 5020.1)
Defines a “historic landmark” as any historical resource which is registered as a state historical landmark through a process involving the Commission and the Department of Parks and Recreation. (PRC § 5020.1, PRC § 5021)
Requires the Commission to evaluate and recommend historical resource designations by reviewing applications for the National Register, California Register, and state historical landmarks, while maintaining comprehensive records and criteria for preservation. (PRC § 5020.4)
Establishes the California Register of Historical Resources as an authoritative guide for identifying and protecting significant historical resources in the state. (PRC § 5024.1)
Sets criteria and procedures for listing historical resources based on significance in California’s history, architecture, and archaeology, including alignment with National Register standards. (PRC § 5024.1)

FISCAL EFFECT: None.

COMMENTS:

Police Powers and Land Use Authority. Planning for and approving new development is mainly a local responsibility. The California Constitution allows cities and counties to “make and enforce within its limits, all local, police, sanitary and other ordinances and regulations not in conflict with general laws.” It is from this fundamental power, commonly called the police power, that cities and counties derive their authority to regulate behavior to preserve the health, safety, and welfare of the public – including land use authority. Cities and counties enforce this land use authority through zoning regulations, as well as through an “entitlement process” for obtaining discretionary as well as ministerial approvals.

The scale of the proposed development, as well as the existing environmental setting determine the degree of local review that occurs. For larger developments, the local entitlement process commonly requires multiple discretionary decisions regarding the subdivision of land, environmental review pursuant to CEQA, and project review by the local agency’s legislative body (city council or county board) or by a planning commission delegated by the legislative body.
Historic Preservation. At the federal level, historic preservation efforts are guided by the National Historic Preservation Act (NHPA) of 1966, which was enacted in response to the widespread destruction of historic and cultural sites during postwar infrastructure expansion and urban renewal projects. The NHPA established the National Register of Historic Places, the nation’s official inventory of historic sites, and created procedural protections requiring federal agencies to assess the impact of federal activities on historic resources. It also established a framework for state and local governments, tribal nations, and preservation organizations to participate in historic preservation efforts.

In California, the Office of Historic Preservation (OHP), under the California State Parks, “administers federally and state mandated historic preservation programs to further the identification, evaluation, registration, and protection of California's irreplaceable resources.” According to the latest version of California’s Statewide Historic Preservation Plan, historic preservation efforts have evolved over the past two decades beyond merely identifying and documenting historic resources. Preservation is now integrated into land use planning, economic development, affordable housing policy, disaster preparedness, and environmental quality initiatives.

There are many historic districts in California, with the stated purpose of preserving the state’s architectural, cultural, and historical heritage. These districts are designated at the local, state, and federal levels, each with distinct regulatory frameworks, benefits, and potential development challenges. Local historic districts are formed through city or county ordinances, often requiring historic surveys, community support, and approval by local historic preservation commissions or city councils. Local designation may regulate the scope of alterations or demolitions that can be conducted within a given district. State historic districts are included in the California Register of Historical Resources, and are established through a state nomination process. Development in state historic districts are typically subject to the requirements of the California Environmental Quality Act (CEQA), which requires analysis of potential adverse impacts from future development. The criteria for designation on the California Register of Historical Resources include:

1. Association with events that have made a significant contribution to the broad patterns of California's history and cultural heritage.
2. Association with the lives of persons important in our past.
3. Embodiment of the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values.
4. Yield of information important in prehistory or history.

Federal historic districts are listed on the National Registry of Historic Places and must meet national criteria for historic significance and integrity. Notably, federal designation does not automatically prevent development in most of the country. In other states, federal designation simply triggers NHPA reviews if federal funding, permits, or projects are involved. However, in California, development on federally designated properties typically involves CEQA review, and properties that are listed on the National Registry of Historic Places are automatically added to California’s State Historic Resources Inventory, affording them the same protections as state resources.

Within historic districts, not all buildings or structures carry the same level of significance. “Contributing properties” are those built during the district’s period of significance, retain their historic integrity, and contribute to the overall historical, architectural, or cultural character of the district. Non-contributing properties may exist within a district, meaning that despite their geographic location they lack historic significance due to alterations or later construction. Preservation efforts also focus on character-defining features, which are the architectural and physical elements that give a historic district or landmark its distinctive identity. These may include architectural elements, materials, and spatial relationships.

Historical landmarks are also included on the California Register. Landmarks are individual sites, buildings, or structures recognized for their exceptional historical, architectural, or cultural significance. These landmarks are associated with key historical events, individuals, or architectural styles and are officially designated by the California Office of Historic Preservation. Once designated, they typically receive regulatory protections under CEQA.

Nomination to the California Register of Historical Resources. Generally, all nominations for historic properties or districts must be submitted to the OHP, and reviewed and approved by the State Historical Resources Commission (SHRC). Properties already listed on the National Register of Historic Places or designated as California Historical Landmarks (#770 or higher) are automatically added to the California Register. The SHRC is established by PRC and contains nine members appointed by the Governor. All nominations for inclusion on the California Register must provide detailed documentation of the resource’s historical, architectural, or cultural significance, including historical research, photographs, maps, and a justification for eligibility under California Register criteria. Any person or group, including historical societies, advocacy organizations, or members of the public, may prepare and submit a nomination to the SHRC.

Even if a property owner or local government objects, the SHRC can still review a nomination for inclusion on the California Register. While a property owner objection prevents the property from being formally listed in the California Register, it may still be determined “eligible for listing” by the SHRC. A property that is “eligible for listing” is typically treated the same as a property that is officially designated a historic resource for purposes of CEQA when it comes to development proposals. It is not uncommon for nominations for historic districts to go directly to the SHRC rather than first trying to obtain local designation.
SB 79 and Historic Resources. SB 79 applies to jurisdictions within “urban transit counties” that have qualifying high-quality transit stops, and requires that, beginning July 1, 2026, housing development projects be an allowable use on qualifying sites within one-half mile of a TOD stop (or one-quarter mile in smaller cities). SB 79 contains implementation deadlines, including requiring the Department of Housing and Community Development (HCD) to issue guidance by July 1, 2026 on how SB 79 capacity is counted toward a jurisdiction’s housing element sites inventory, and requiring metropolitan planning organizations to prepare maps of TOD stops and zones to guide implementation. Local governments may adopt implementing ordinances or local TOD alternative plans, subject to HCD review, prior to July 1, 2026, to tailor development standards, so long as the plan maintains equivalent overall residential capacity. SB 79 also provides that, beginning January 1, 2027, denial of a qualifying project in a high-resource area is presumed to violate the HAA, subject to specified exceptions.

SB 79 allows local governments to exclude sites with a historic resource designated as of January 1, 2025 on a local register if the local government has adopted an ordinance pursuant to SB 79 indicating the site’s exclusion within one year of adopting the seventh revision of the housing element.
Author’s Statement and Bill Summary. According to the author, “Assembly District 41 is home to irreplaceable landmarks like the Pasadena Civic Center, the Pasadena Playhouse, the Claremont Depot, the Claremont Village, Old Town La Verne, the Monrovia Santa Fe Depot, and the Walker House in San Dimas, and preserving their cultural and architectural significance is essential. AB 2576 will guarantee these places are fully protected by expanding protections to state and nationally listed sites while still building much-needed housing.”

This bill expands the historic site exclusion within SB 79 to include contributing sites within a historic districts and parcels individually listed as historical resources included in the State Historic Resources Inventory. This bill is author sponsored.
Related Legislation. AB 2415 (Hoover) allows a city to reduce the capacity in one TOD zone by more than 50% if a city has a population of less than 150,000, a majority of the station area is part of a local historic district designated before January 1, 2000, and the city has more than one TOD zone. This bill is in the Assembly Housing and Community Development Committee.

SB 722 (Wahab) prohibits the use of SB 79 on mobile home parks. This bill is at the Assembly Desk.

SB 1361 (Durazo) would provide an exemption from SB 79 for a county, a city, a city and county, a single or multicounty council of governments, a regional transportation agency, a transit agency or district, or a county transportation agency that has adopted a policy by January 1, 2026, to complete at least 10,000 housing units, at least 50% of which will be income restricted, by January 1, 2032, except for certain transit stops. This bill is in the Senate Housing Committee.
Previous Legislation. AB 1061 (Quirk-Silva), Chapter 505, Statutes of 2025, narrowed historic preservation exclusions in SB 9 by eliminating the blanket district-wide prohibition and instead focusing on protections for individually designated resources and contributing structures.

SB 79 (Wiener), Chapter 512, Statutes of 2025, established a streamlined, ministerial approval process for TOD housing development projects.
Arguments in Support. The California Preservation Foundation writes in support, “These changes are important because historic preservation and housing production are not mutually exclusive. By clearly identifying and accommodating historic resources, AB 2576 allows TOD development to proceed while preserving the historic fabric and integrity of neighborhoods. Historic buildings support walkability, contribute to economic vitality, and reduce environmental impacts by conserving embodied carbon.

“AB 2576 does not impede housing near transit. Instead, it ensures that historic resources already recognized through established public processes are consistently accounted for, creating better alignment between TOD policy and preservation practice.”
Arguments in Opposition. California YIMBY, Bay Area Council, SPUR, Streets for All, Greenbelt Alliance, Inner City Law Center, and Abundant Housing LA write in opposition to a previous version of the bill, “AB 2576 expands the definition of “historic resource” to include all sites within a historic district, rather than limiting applicability to designated contributing resources. In practice, this would sweep in large portions of transit-rich neighborhoods, many of which already have limited housing production, and place them off-limits to new homes regardless of whether individual parcels have genuine historic significance. This risks turning historic preservation into a broad exclusionary tool rather than a targeted protection.”
Double-Referral. This bill is double-referred to the Assembly Housing and Community Development Committee, where it passed on a 11-1 vote on April 15, 2026.

REGISTERED SUPPORT / OPPOSITION:

Support

California Preservation Foundation
City of Beverly Hills
City of Oceanside
City of Pasadena
City/county Association of Governments of San Mateo County
Glendale; City of
League of California Cities (If amended)

Pasadena; City of
Save Beverly Fairfax

Opposition

Abundant Housing LA

Bay Area Council

California Yimby

Greenbelt Alliance

Inner City Law Center

South Pasadena Residents for Responsible Growth

Spur

Streets for All

Analysis Prepared by: Linda Rios / L. GOV. / (916) 319-3958

Date of Hearing: April 15, 2026

ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT

Matt Haney, Chair

ABPCA Bill Id:AB 2576 (

Author:Harabedian) – As Amended Ver:March 19, 2026

SUBJECT: Transit-oriented development

SUMMARY: Amends SB 79 (Wiener), Chapter 512, Statutes of 2025, to add additional historic preservation protections, delay implementation by one year, and increase the population threshold under which certain SB 79 requirements apply to cities from 35,000 to 40,000. Specifically, this bill:

Defines “historic resource,” for purposes of SB 79, to mean a historic resource listed on a local, state, or national historic register and including, but not limited to, a historic district and local landmark district.
Increases, from 35,000 to 40,000, the population threshold used to determine whether SB 79’s upzoning standards apply within one-half mile (instead of one-quarter mile) of a qualifying transit-oriented development (TOD) stop.
Delays the implementation of all provisions of SB 79 by one year.
Allows an SB 79 TOD local alternative plan to exceed the 50% cap on reducing the developmental capacity of any given site by allowing local governments to exempt sites with any historic resource, not just those listed on a local register, from the upzoning provisions of SB 79 through their local plans, and deletes the existing requirement that the cumulative amount of historic resource exemptions in any TOD zone cannot exceed 10% of the eligible area.
Allows a local government to adopt an ordinance exempting sites designated as a historic resource as of January 1, 2025 from the provisions of SB 79 until one year after the adoption of a seventh cycle housing element.

EXISTING LAW:

Creates, pursuant to SB 79, a streamlined, ministerial approvals process for housing development projects meeting certain objective standards within a specified distance of TOD stops as follows:
1. Makes housing development projects an allowable use on any site zoned for residential, mixed-use, or commercial development within one-half mile of a TOD stop in cities with a population of 35,000 or more, and within one-quarter mile of a TOD stop in cities with a population of less than 35,000.
2. Establishes minimum land use standards, including requirements related to height, density, and floor area ratio, for TOD housing projects based on proximity to the TOD stop and the population of the jurisdiction. (Government Code (GOV) 65912.157)
Establishes the following timelines in SB 79:
1. Requires the Department of Housing and Community Development (HCD) to develop standards on how to allow for residential capacity under SB 79 to be counted in a jurisdiction’s housing element sites inventory by July 1, 2026; (GOV 65912.160)
2. Requires Metropolitan Planning Organizations (MPOs) to create a map of TOD stops and zones within their region in accordance with HCD’s guidelines, with a rebuttable presumption of validity for use by project applicants and local governments on an unspecified timeline; (GOV 65912.160)
3. Applies SB 79 to local governments starting July 1, 2026; (GOV 65912.157)
4. Allows a local agency to adopt an SB 79 implementing ordinance or local TOD alternative plan, which must be deemed compliant by HCD and meet certain requirements to tailor SB 79 locally, while still generally maintaining the same realistic capacity for residential development, before July 1, 2026; (GOV 65912.157)
5. Allows transit agencies to develop TOD zoning standards for district-owned real property in TOD zones on land that was owned by the agency on or before January 1, 2026; (GOV 65912.158) and
Makes the denial of a housing development project in a high-resource area a presumed violation of the Housing Accountability Act, and the local government immediately liable for penalties under the HAA, unless the local government demonstrates it has a health, life, or safety reason for denying the project, beginning on January 1, 2027. (GOV 65912.157)
Allows a local government, in its TOD alternative plan, to reduce the maximum allowed density for any individual site by more than 50% below the residential capacity permitted under SB 79 if the site contains a historic resource designated on a local register, so long as sites excluded do not cumulatively exceed 10% of the eligible area of any TOD zone. (GOV 65912.161)
Allows a local government, through an SB 79 implementing ordinance, to fully exempt sites designated as a historic resource on a local register as of January 1, 2025 from the provisions of SB 79 until one year after the adoption of a seventh cycle housing element. (GOV 65912.161)

FISCAL EFFECT: Unknown.

COMMENTS:

Author’s Statement: According to the author, “Assembly Bill 2576 makes targeted, practical improvements to SB 79 to ensure that California can advance transit-oriented housing while protecting the historic places and communities that define our cities and neighborhoods. As SB 79 is implemented, it is important that historic districts and resources listed at the local, state, and national levels are clearly recognized and fully protected. This clean-up legislation preserves the intent of expanding housing near transit while promoting thoughtful implementation that respects community history, reduces unintended consequences, and supports equitable outcomes statewide.”

California’s Housing Crisis: California’s housing crisis is a half-century in the making.^{^[1]} After decades of underproduction, supply is far behind demand, and housing and rental costs are soaring. As a result, millions of Californians must make hard decisions about paying for housing at the expense of food, health care, child care, and transportation, directly impacting the quality of life in the state.^{^[2]} One in three households in the state doesn’t earn enough money to meet their basic needs.^{^[3]} In 2024, over 187,000 Californians experienced homelessness on a given night.^{^[4]}

To meet this housing need, HCD determined that California must plan for more than 2.5 million new homes, and no less than one million of those homes must be affordable to lower-income households, in the 6^th Regional Housing Needs Allocation (RHNA) cycle. By contrast, housing production in the past decade has been under 100,000 units per year – including less than 10,000 units of affordable housing per year.^{^[5]} Increasing the overall supply of housing, both market-rate and deed-restricted affordable, is essential to reducing upward pressure on rents and home prices, and to creating a more stable, accessible housing market for Californians across income levels.

The state’s housing crisis is not equally experienced by all Californians. Testimony by the UC Berkeley Terner Center to this Committee showed that the impacts of the housing crisis are significantly more severe for lower-income individuals, single-earner households, Black and Latino Californians, younger and older populations, and those who reside in, or aspire to live and work in, the state’s highest-cost regions.^{^[6]}

California’s Statewide Housing Plan: In 2022, HCD released its most recent update to the statutorily required Statewide Housing Plan (Plan). The Plan “lays out a vision to ensure every Californian has a safe, stable, and affordable home.”^{^[7]} As part of that vision, HCD puts forward a statewide objective of Producing More Affordable and Climate Smart Housing. HCD writes:

“We aim to increase the supply of housing at all affordability levels throughout the state and target production in the places where people need it the most, without displacing existing residents. This objective seeks to facilitate a greater diversity of housing models and typologies, outside of the status quo, to meet California’s pressing and diverse housing needs. We must produce new housing in areas with high access to opportunities and services without displacing existing residents, mitigate the risk of climate change while developing new housing units, provide housing units that are affordable to all Californians, lower housing development costs, and continue to enforce existing housing laws to achieve results.”^{^[8]}

Two of HCD’s recommended actions associated with this objective are to:

Encourage greater diversity of housing types in all neighborhoods; and
Encourage new housing development in existing communities to reduce vehicle miles traveled (VMT) and mitigate climate change while simultaneously addressing housing need.

Planning for Housing: Historically, housing planning and land use decisions in California have been delegated to local governments, which exercise primary authority over land use, zoning, permitting, and development approvals through their police power. While the state has long required each jurisdiction to adopt a housing element identifying how it will accommodate its share of regional housing need, these requirements historically lacked meaningful enforcement mechanisms. In addition, earlier iterations of Housing Element Law and the Regional Housing Needs Allocation (RHNA) process required significantly less upzoning and did not compel jurisdictions to adopt zoning that could realistically accommodate assigned housing needs. As a result, jurisdictions could comply on paper while maintaining restrictive zoning and development standards that limited actual housing production. Local discretionary approval processes further allowed projects to be delayed, reduced in scale, or denied based on subjective criteria, contributing to significant constraints on housing supply, particularly in high-opportunity areas.

According to a 2024 analysis by the Othering & Belonging Institute at UC Berkeley, a staggering 95.8% of all residential land in California is zoned exclusively for single-family housing, severely constraining opportunities for infill development near transit. Even when lower-density unincorporated areas are excluded, over 82% of residentially zoned land in the state prohibits multifamily housing. The state has taken some strides to facilitate additional housing typologies in exclusionary zoning districts, namely through State accessory dwelling unit (ADU) Law and SB 9 (Atkins), Chapter 161, Statutes of 2021, effectively making single-family zoned parcels eligible to accommodate up to four dwelling units. However, much of California’s residential land remains off-limits for denser development, regardless of how well-situated the land may be when it comes to access to jobs, transportation, and other opportunities.

In recent years, the state has taken a series of actions to address local constraints on housing production by both expanding allowable residential density and shifting project approvals from discretionary review to more predictable, ministerial processes governed by objective standards. These efforts include allowing ADUs by right, enabling additional density in single-family zones, strengthening housing element requirements, and limiting the ability of local governments to deny, delay, or reduce the density of housing development projects that comply with applicable standards.

The state has also established multiple by-right approval pathways for qualifying developments, particularly in infill and transit-accessible areas. For example, SB 684 (Caballero), Chapter 783, Statutes of 2023, and SB 1123 (Caballero), Chapter 294, Statutes of 2024, create a streamlined process for small subdivisions in urban infill areas, enabling additional housing production at a neighborhood scale. AB 2011 (Wicks), Chapter 647, Statutes of 2022, establishes a ministerial approval pathway for qualifying housing development on commercially zoned sites, while Density Bonus Law provides additional density, incentives, and concessions for eligible projects. More recently, AB 507 (Haney), Chapter 493, Statutes of 2025, facilitates the conversion of underutilized office buildings to housing through streamlined approvals, and SB 79 (Wiener), Chapter 512, Statutes of 2025, establishes minimum zoning standards near major transit stops, increasing allowable density and limiting local discretion.

SB 79: As mentioned above, SB 79 was one of the state’s most recent attempts to encourage additional residential density in climate-smart locations. SB 79 establishes a statewide framework to increase residential density near major transit stops by making qualifying housing development an allowable use on sites zoned for residential, mixed-use, or commercial development within specified distances of transit. SB 79 sets minimum statewide standards for height, density, and residential floor area ratio based on a project’s proximity to high-quality transit, and limits the ability of local governments to impose standards that would physically preclude achieving those thresholds. SB 79 developments must include at least five units and comply with specified affordability, labor, and anti-displacement requirements, including prohibitions on demolishing rent-restricted housing and requirements to provide deed-restricted affordable units for developments containing more than 10 units.

SB 79 applies to jurisdictions within “urban transit counties” that have qualifying high-quality transit stops, and requires that, beginning July 1, 2026, housing development projects be an allowable use on qualifying sites within one-half mile of a (TOD) stop (or one-quarter mile in smaller cities). SB 79 contains implementation deadlines, including requiring the Department of Housing and Community Development (HCD) to issue guidance by July 1, 2026 on how SB 79 capacity is counted toward a jurisdiction’s housing element sites inventory, and requiring MPOs to prepare maps of TOD stops and zones to guide implementation. Local governments may adopt implementing ordinances or local TOD alternative plans, subject to HCD review, prior to July 1, 2026, to tailor development standards, so long as the plan maintains equivalent overall residential capacity. SB 79 also provides that, beginning January 1, 2027, denial of a qualifying project in a high-resource area is presumed to violate the HAA, subject to specified exceptions.

Within this framework, SB 79 provides local governments with the ability to craft local alternative plans and implementing ordinances. This includes providing local governments with limited local flexibility to reduce development intensity on certain sites. A local TOD alternative plan may reduce the allowable density on an individual site by up to 50% below SB 79’s baseline standards, and may further reduce or exempt sites designated as historic resources on a local register, provided that such exemptions do not cumulatively exceed 10% of the total eligible area within a TOD zone. In addition, SB 79 allows local governments, through an implementing ordinance, to fully exempt sites designated as historic resources on a local register as of January 1, 2025 from SB 79 until one year following the adoption of a seventh cycle housing element.

Historic Preservation, Districts, and Landmarks in California: Historic preservation in California operates across local, state, and federal levels, with each level maintaining its own designation processes and regulatory frameworks. Historic resources may include individual landmarks, such as buildings or structures associated with significant events, persons, or architectural styles, as well as historic districts, which are geographically defined areas containing a concentration of historically or culturally significant properties. These resources may be listed on local registers, the California Register of Historical Resources, or the National Register of Historic Places. In California, properties listed on the state or national register are generally treated as “historical resources” for purposes of environmental review, with any proposed development on those sites requiring analysis under the California Environmental Quality Act (CEQA). Notably, listing on the California Register or National Register occurs through state or federal nomination processes that do not require local government approval, meaning properties may receive historic designation even where a local jurisdiction has not chosen to designate or protect them.

The regulatory implications of historic designation vary depending on the level and type of designation. Local governments typically establish and regulate historic districts and landmarks through local ordinances, which may impose restrictions on demolition, alterations, or new construction to preserve the character of designated areas. Within historic districts, individual properties may be classified as “contributing” or “non-contributing” resources, with contributing properties retaining their historic integrity and contributing to the district’s overall historical, architectural, or cultural significance, typically because they were constructed during the district’s period of significance and reflect its defining characteristics. Non-contributing properties, meanwhile, are geographically located in the district but do not retain those character-defining features. Unlike local historic designations, which are typically implemented through local land use controls, state and federal designations primarily operate through environmental review processes, most notably under CEQA in California.

State housing laws vary in how they treat historic resources when establishing streamlined or ministerial approval pathways. Some laws, such as SB 9 (Atkins), Chapter 162, Statutes of 2021, initially took a more categorical approach by excluding parcels located within historic districts or containing designated historic resources from its requirements; however, subsequent amendments under AB 1061 (Quirk-Silva), Chapter 505, Statutes of 2025, narrowed these exclusions by eliminating the blanket district-wide prohibition and instead focusing on protections for individually designated resources and contributing structures. Other state streamlining and upzoning laws continue to exclude sites containing historic resources more broadly.

SB 79, by contrast, takes a more limited and locally driven approach to historic preservation. Rather than broadly exempting historic resources, SB 79 allows local governments to reduce development intensity on individual sites by up to 50%, or fully exempt sites, only if those properties are designated as historic resources on a local register, and only through adoption of an implementing ordinance or a locally adopted transit-oriented development (TOD) alternative plan subject to review by HCD. Even within that framework, SB 79 places constraints on the use of these exemptions, including a 10% cap on the total amount of land within a TOD zone that may be excluded from SB 79 in a local alternative plan around any given major transit stop. In addition, SB 79 allows local governments to temporarily exempt locally designated historic resources, as of January 1, 2025, from its provisions one year before the next housing element cycle. SB 79’s historic preservation framework relies on local designation to determine where protections apply, rather than uniformly recognizing historic resources listed on the California Register or National Register. Under SB 79, only individually listed local resources, and not districts, are afforded these protections.

This Bill: This bill proposes the following changes to SB 79:

Timing. First, this bill delays all implementation timelines in SB 79 by one year. This includes the deadline for HCD to issue guidance on how SB 79 capacity is counted toward housing element site inventories, the date on which SB 79’s zoning and development standards become operative for local governments, and the date on which denial of a qualifying SB 79 project in a high-resource area is presumed to violate the HAA. Proponents state that additional time is needed for local governments to understand SB 79’s requirements and adopt implementing ordinances or alternative plans, while opponents raise concerns that delaying implementation would postpone housing production and the enforcement of key accountability provisions.
Population Threshold. This bill also modifies the population threshold that determines the geographic scope of SB 79’s upzoning provisions. Under current law, cities with a population of 35,000 or more must apply SB 79’s standards within one-half mile of qualifying transit stops, while smaller cities apply those standards within one-quarter mile. This bill increases that threshold to 40,000, thereby reducing the number of cities subject to the broader one-half mile applicability and limiting the extent of upzoning in smaller cities.
Historic Preservation. Lastly, this bill substantially expands SB 79’s treatment of historic resources. Under current law, SB 79 primarily allows exemptions or reduced development intensity for sites designated as historic resources on a local register, subject to limits such as a cap on the total amount of land within a TOD zone that may be excluded. This bill broadens that framework by redefining “historic resource” to include properties and districts listed on local, state, or national registers, and by removing the existing cap on the cumulative amount of land that may be exempted. In doing so, this bill shifts SB 79 from a locally bounded historic preservation framework to one that recognizes a broader universe of designated resources, while also expanding local governments’ ability to exempt those sites from the bill’s upzoning requirements. Preservation advocates and some local governments may support these changes as strengthening protections for historically significant resources, while some housing advocates and developers may raise concerns that expanding exemptions could reduce the amount of land available for TOD housing projects.

Arguments in Support: The City of Beverly Hills writes in support: “AB 2576 addresses the challenges posed by SB 79 by extending key deadlines by one year. These extensions give local governments additional time to interpret the complex provisions of SB 79, align zoning codes, and develop alternative TOD plans that meet state housing goals while addressing local needs. This extra time helps jurisdictions navigate the intricate requirements without facing immediate penalties, fostering a smoother transition to compliance.

By delaying implementation deadlines and increasing the population threshold for certain requirements, the bill provides local jurisdictions like the City of Beverly Hills—a built-out city with a population just under 33,000—with additional time to adopt ordinances and alternative TOD plans that align with the Department of Housing and Community Development’s (HCD’s) standards.”

Arguments in Opposition: California YIMBY, SPUR, Streets For All, Bay Area Council, Inner City Law Center, Abundant Housing Los Angeles, and the Greenbelt Alliance write in opposition: “We support thoughtful protections for historic places, but as drafted, AB 2576 would make implementation of SB 79 (Wiener, 2025) significantly more difficult and less effective. SB 79 is designed to unlock housing near high-quality transit, which is an essential strategy for addressing California’s housing shortage, reducing emissions, and improving affordability.

However, California’s most transit-rich areas are often also the most exclusionary when it comes to housing. Many of these neighborhoods have long histories of restrictive zoning, limiting multifamily housing, and barriers that prevent new residents, especially lower-income households, from accessing opportunity-rich communities. SB 79 is intended to address this imbalance by requiring jurisdictions to allow more housing near transit. AB 2576 would undermine that goal by adding new exemptions and delays that disproportionately affect these high-opportunity, transit-served areas.”

Committee Amendments: The Committee may wish to consider the following amendments to provide additional historic preservation protections, while maintaining the legislative intent of SB 79:

Striking the existing provisions from the bill.
Permitting local governments to adopt an ordinance exempting, through the first year of the seventh housing element cycle, the following projects from the provisions of SB 79:
1. Individually listed sites on a state or federal register that were designated prior to January 1, 2025; and
2. Contributing structures within a historic district that was designated prior to January 1, 2025.

Related Legislation:

AB 2415 (Hoover), of this legislative session, would allow a city to reduce the capacity in one TOD zone by more than 50% if a city has a population of less than 150,000, a majority of the station area is part of a local historic district designated before January 1, 2000, and the city has more than one TOD zone.

SB 722 (Wahab), of this legislative session, prohibits the use of SB 79 on mobilehome parks.

SB 1361 (Durazo), of this legislative session, would provide an exemption from SB 79 for a county, a city, a city and county, a single or multicounty council of governments, a regional transportation agency, a transit agency or district, or a county transportation agency that has adopted a policy by January 1, 2026, to complete at least 10,000 housing units, at least 50% of which will be income restricted, by January 1, 2032, except for certain transit stops.

SB 79 (Wiener), Chapter 512, Statutes of 2025, established a streamlined, ministerial approval process for TOD housing development projects.

AB 1061 (Quirk-Silva), Chapter 505, Statutes of 2025, narrowed historic preservation exclusions in SB 9 by eliminating the blanket district-wide prohibition and instead focusing on protections for individually designated resources and contributing structures.

Double-referred: This bill was also referred to the Assembly Committee on Local Government where it will be heard should it pass out of this committee.

REGISTERED SUPPORT / OPPOSITION:

Support

California Preservation Foundation
City of Beverly Hills

City of Oceanside

Individuals (1)

Opposition

Abundant Housing LA
Bay Area Council
California YIMBY
Greenbelt Alliance
Inner City Law Center
South Pasadena Residents for Responsible Growth
SPUR
Streets for All

Analysis Prepared by: Dori Ganetsos / H. & C.D. / (916) 319-2085

California Department of Housing and Community Development, A Home for Every Californian: 2022 Statewide Housing Plan. March 2022, https://storymaps.arcgis.com/stories/94729ab1648d43b1811c1698a748c136 ↑
IBID. ↑
IBID. ↑
U.S. Department of Housing and Urban Development, Point in Time Counts. https://www.huduser.gov/portal/datasets/ahar/2023-ahar-part-1-pit-estimates-of-homelessness-in-the-us.html ↑
https://www.hcd.ca.gov/policy-research/housing-challenges.shtml ↑
UC Berkeley Terner Center Testimony by Ben Metcalf, Managing Director, at the State Housing Production Legislation: Actions, Outcomes, and Opportunities Informational Hearing, February 12, 2025 ↑
https://storymaps.arcgis.com/stories/94729ab1648d43b1811c1698a748c136 ↑
IBID. ↑

Discussed in Hearing

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Chaptered (9/14/2026)

AB 2576: Transit-oriented development: exclusions: historic sites.

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