SEC. 207.11. TRANSIT-ORIENTED DEVELOPMENT - DENSITY AND HEIGHT EXCEPTION.
(a) Purpose. This Section 207.11 implements the transit-oriented development policies in Senate Bill No. 79 (2025) (“SB79”), codified in California Government Code Sections
65912.155 et seq. That bill requires jurisdictions in certain urban transit counties to permit housing at specified densities and heights for development located near defined transit-oriented
development stops, unless the jurisdiction makes findings that the sites are exempt, or adopts a transit-oriented development alternative plan (“Alternative Plan”). The density and height
exception in this Section 207.11 facilitates the City’s adoption of its Alternative Plan. In the ordinance enacting this Section 207.11, on file in Board of Supervisors File No. 260132, the
Board adopted the Alternative Plan, and made findings that certain parcels listed in that Board File are exempt from SB 79.
(b) Applicability. This Section 207.11 applies to residential development projects on parcels meeting all of the following conditions:
(1) Is partially or fully located within one-half mile of a “transit-oriented development stop,” as defined in California Government Code Section 65912.156.
(2) Is located in a zoning district that principally permits residential Uses.
(3) Either limits residential density by Numeric Density, or has a height limit of less than 40 feet.
(4) Is located outside of the R-4 height and bulk district.
(5) Is not seeking a density bonus pursuant to Section 206.6.
(6) Is not a parcel permanently or temporarily exempted from SB79 pursuant to the ordinance enacting this Section 207.11, on file with the Clerk of the Board in File No. 260132.
(7) Is not a parcel with a Historic Building that is individually designated as a landmark under Article 10 of this Code, listed as a contributor to an historic district listed in Article 10, or
listed as a Significant or Contributory Building under Article 11 with a Category I, II, III, or IV rating.
(8) The permitted density prior to applying the density and height exception in subsection (c) does not meet the minimum density required by California Government Code Section
65912.157.
(c) Density and Height Exception. For a parcel meeting the criteria in subsection (b), the density and height exception in this subsection (c) shall apply.
(1) Additional Density. The applicable residential density limit for any housing development project located on a site meeting the criteria in subsection (b) shall be up to 50% of the
density permitted on that parcel pursuant to the requirements in California Government Code Section 65912.157. For any parcel that is partially located in the Coastal Zone, the density
exception shall apply to the entire parcel, however residential development shall be limited to the portions of the parcel located outside of the Coastal Zone.
(2) Additional Height. For any housing development project located on a site meeting the criteria in subsection (b) and with a height limit of less than 40 feet, the applicable height
limit shall be 40 feet.
(Added by Ord. 82-26, File No. 260132, App. 5/8/2026, Eff. 6/8/2026)