Local government land: public transit use: housing development: transit-oriented development.

Senator Wiener's transit-oriented development legislation establishes new standards for housing construction near public transit stops while expanding local agencies' ability to optimize land use around transportation infrastructure. The bill creates a three-tier system of development standards based on proximity to transit, with the most intensive development permitted within a quarter-mile of heavy rail and very high-frequency commuter rail stations.

Near Tier 1 transit stops, which include heavy rail and very high-frequency commuter rail stations, developments can reach 75 feet in height and must achieve minimum densities of 120 dwelling units per acre. Projects within a quarter to half-mile radius face slightly reduced standards of 65-foot heights and 100 units per acre. The bill sets corresponding but decreased requirements for areas around Tier 2 stops (light rail and high-frequency commuter rail) and Tier 3 stops (frequent commuter rail and ferry service).

The legislation allows transit agencies to adopt their own objective development standards for agency-owned land within a half-mile of stops, provided these maintain or exceed the intensity permitted under local zoning. Local governments may propose alternative transit-oriented development plans that maintain equivalent overall housing capacity while redistributing density. The bill exempts qualifying residential and mixed-use projects on transit agency land from California Environmental Quality Act review, though associated off-site facilities remain subject to environmental analysis.

To ensure implementation, the Department of Housing and Community Development will oversee compliance and review local ordinances. The bill establishes a rebuttable presumption that denying compliant projects in high-resource areas violates the Housing Accountability Act. Local governments must incorporate affordable housing requirements through inclusionary zoning or density bonus provisions for developments exceeding 10 units.