2025 – Senate Bill 79 (Wiener, Scott), Housing Development: Transit-oriented Development (Chaptered)
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Requires that a housing development project within a specified distance of a transit-oriented development (TOD) stop, be an allowed use as a transit-oriented housing development on any site zoned for residential, mixed, or commercial development, if the development complies with applicable requirements. Among these requirements, the bill requires a project to include at least 5 dwelling units and establish requirements concerning height limits, density, and residential floor area ratio in accordance with a development’s proximity to specified tiers of TOD stops. The bill provides that a local government that denies a project meeting the requirements of these provisions located in a high-resource area, as defined, would be presumed in violation of the Housing Accountability Act and immediately liable for penalties, beginning on January 1, 2027. These provisions do not apply to a local agency until July 1, 2026, or within unincorporated areas of counties until the 7th regional housing needs allocation cycle. The bill specifies that a development proposed pursuant to these provisions is eligible for streamlined, ministerial approval pursuant to specified law, except that the bill exempts a project under these provisions from specified requirements and specifies that the project is required to comply with certain affordability requirements, under that law.