Government Code section 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 county’s inventory of land suitable for residential development pursuant to Section 65583.2, no later than July 1, 2026.(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.(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 department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s 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 jurisdiction’s 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 department’s guidance pursuant to subdivision (b). This map shall have a rebuttable presumption of validity for use by project applicants and local governments.
Source:
Section 65912.160, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=65912.160. (updated Jan. 1, 2026; accessed Dec. 15, 2025).
