20250AB__257695AMD INTRODUCED 2026-02-20 AMENDED_ASSEMBLY 2026-03-19 AMENDED_ASSEMBLY 2026-04-16 AMENDED_SENATE 2026-05-28 AMENDED_SENATE 2026-06-15 2025 AB AMD Introduced by Assembly Member Harabedian (Principal coauthor: Senator Pérez) LEAD_AUTHOR ASSEMBLY Harabedian PRINCIPAL_COAUTHOR SENATE Pérez

An act to amend

Section 65912.161 of the Government Code, relating to land use. land use Transit-oriented development: exclusions: historic sites. 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. MAJORITY NO NO NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION

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 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 of the Public Resources Code. (

B) Sites that are vulnerable to one foot of sea level rise, as determined by the National Oceanic and Atmospheric Administration, the Ocean Protection Council, the United States Geological Survey, the University of California, or a local government’s coastal hazards vulnerability assessment. (

C) Sites with a historic resource designated on a local register, so long as sites excluded from the density requirements of this paragraph on that basis do not cumulatively exceed percent of the eligible area of any transit-oriented development zone. (

D) Sites within one-half mile of a Tier transit-oriented development stop shall not have a density below 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 percent.

(4) A site’s maximum capacity counted toward the plan shall not exceed 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 plan’s capacity. For purposes of this section, calculations regarding capacity, density, and floor area shall include capacity, density, or floor area available under voluntary local housing incentive programs.

(5) A local transit-oriented development alternative plan may consist of an existing local transit-oriented zoning ordinance, overlay zone, specific plan, or zoning incentive ordinance, provided that it meets the requirements of this subdivision. (b)

(1) Prior to one year following the adoption of the seventh revision of the housing element,

Section 65912.157 shall not apply to any of the following for which the local government has adopted an ordinance in accordance with

Section 65912.160 indicating the site’s exclusion: (A)<xhtml:span class="EnSpace"/>Any of the following designated before January 1, 2025:</xhtml:p><xhtml:p>(i)<xhtml:span class="EnSpace"/>Sites with a historic resource on a local register.</xhtml:p><xhtml:p>(ii)<xhtml:span class="EnSpace"/>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.</xhtml:p><xhtml:p>(iii)<xhtml:span class="EnSpace"/>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.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>Prior to one year following the adoption of the seventh revision of the housing element, any of the following:</xhtml:p>"?> (i)</xhtml:p>"?> (

A) A site that has been identified by the local jurisdiction which permits density and residential floor area ratio at no less than percent of the standards specified under subdivision (

a) of

Section 65912.157. (ii)<xhtml:span class="EnSpace"/>(I)</xhtml:p>"?> (B) (

i) A site in a transit-oriented development zone in which at least percent of sites in the relevant transit-oriented development zone have permitted density and residential floor area ratio no less than percent of the standards specified under subdivision (

a) of

Section 65912.157 and which includes sites with densities that cumulatively allow for at least percent of the aggregate density for the transit-oriented development zone specified under subdivision (

a) of

Section 65912.157. (II)</xhtml:p>"?> (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 percent of the aggregate density for the transit-oriented development zone specified under subdivision (

a) of

Section 65912.157. (III)</xhtml:p>"?> (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 percent of the total capacity for units and floor area as specified under

Section 65912.157 across all transit-oriented development zones. (iii)</xhtml:p>"?> (

C) A site that is covered by a local transit-oriented development alternative plan adopted by a local government. (iv)</xhtml:p>"?> (

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 of the Public Resources Code. (v)</xhtml:p>"?> (

E) Sites that are vulnerable to one foot of sea level rise, as determined by the National Oceanic and Atmospheric Administration, the Ocean Protection Council, the United States Geological Survey, the University of California, or a local government’s coastal hazards vulnerability assessment. (

F) 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 government’s 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 department’s approval pursuant to this

section shall be valid through the jurisdiction’s next amendment to the housing element of its general plan. (

e) A local transit-oriented development alternative plan may consist of an existing local transit-oriented zoning ordinance, overlay zone, specific plan, zoning incentive ordinance or existing program, provided that it meets the requirements of this section.