Amended IN Senate July 02, 2018 Amended IN Assembly April 30, 2018 Amended IN Assembly April 11, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2923Introduced by Assembly Members Chiu and Grayson(Coauthors: Assembly Members Mullin, Bloom, and Ting)February 16, 2018 An act to add and repeal Sections 28765.5 and 28765.7 to 29010.1, 29010.6, 29010.7, 29010.8, 29010.9, and 29010.10 of the Public Utilities Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGESTAB 2923, as amended, Chiu. San Francisco Bay Area Rapid Transit District: transit-oriented development.(1) Existing law establishes the San Francisco Bay Area Rapid Transit District (BART) with various powers and duties and establishes a board of directors as the legislative body of the district. Existing law requires the board to determine all questions of district policy and what transit facilities should be acquired or constructed, and authorizes the board to establish zones within the district to undertake the acquisition or construction of any transit facilities.This bill would require the board to adopt by ordinance new transit-oriented development (TOD) guidelines by a majority vote at a duly noticed public meeting zoning standards that establish minimum local zoning requirements for BART-owned land that is located on contiguous parcels larger than 0.25 acres, within 12 mile of an existing or planned BART station entrance, in areas having representation on the BART board of directors. height, density, parking, and floor area ratio only, that apply to an eligible TOD project, as defined. The bill would require that the approval adoption of, or amendment of amendments to, the TOD zoning standards comply with specified requirements and would require affected local jurisdictions to adopt an a local zoning ordinance that approves the application of conforms to the TOD zoning standards and is operative within 2 years of the date that the TOD zoning standards are approved adopted by the board. The bill would provide that the boards BARTs approval of TOD zoning standards and local zoning standards is subject to the California Environmental Quality Act (CEQA review) and would designate the board BART as the lead agency for CEQA review, as specified. TheThis bill would require the board, would, where local zoning remains inconsistent with the TOD guidelines zoning standards after this 2-year period, to approve require the TOD zoning standards to become the local zoning standards for any BART-owned land within 1/2 mile of any existing or planned BART station entrance within the BART district in areas represented on the board. board, as specified. The bill would require the board BART to ensure any otherwise applicable local design guidelines are included in a development agreement with a as general guidance to the TOD developer, and would require a TOD developer to adhere to any applicable local design guidelines insofar as those guidelines do not prohibit the minimum density height, minimum density, and maximum parking allowances required by the TOD zoning standards. The bill would require the board to adopt a permit streamlining process for specified TOD project applicants and would provide that a TOD project shall include a specified that, where housing is proposed as part of a TOD project, a minimum of 20% of the residential housing units is affordable housing requirement housing, as specified, and that the TOD project comply with specified labor requirements. The bill would provide that when BART enters into an exclusive negotiating agreement with a developer for development of an eligible TOD project, that agreement shall confer a vested right to proceed with development, as specified. The bill would provide that its provisions are repealed on January 1, 2029, except as otherwise specified. The bill would enact other related provisions and exceptions.By increasing the duties of local public officials, the bill would impose a state-mandated local program.(2) The bill would include legislative findings and declarations in support of the act being a matter of statewide concern.(2)(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) The states economic health is significantly tied to the regional economic health of the San Francisco Bay Area. The growth and success of the Bay Areas economy is threatened by several challenges, including inadequate and unaffordable housing and excessive and increasing roadway congestion. In the state-mandated sustainable communities strategy for the Bay Area, locating affordable and market-rate housing near high-capacity transit is a primary tool with which to address these challenges and will keep the Bay Area on track to meet its state-mandated greenhouse gas emissions reduction targets.(b) The San Francisco Bay Area Rapid Transit District (BART) is a product of the Legislature, drawing its power from the San Francisco Bay Area Rapid Transit District Act (Part 2 (commencing with Section 28500) of Division 10 of the Public Utilities Code), which acknowledges the state-wide interest in a well-functioning, cost-effective, and fiscally sustainable BART network.(c) Recognizing the above state-wide interest, the state has granted BART land use and permitting authority to build transportation facilities such as parking structures, stations, and maintenance facilities. Since that authority was granted, it has only become clearer that making those facilities financially and environmentally sustainable requires that BART has some level of authority over land use for housing.(d) Transportation services are uniquely tied to land use patterns, as recognized by the Legislatures enactment of Chapter 728 of the Statutes of 2008, which integrated the development of sustainable communities strategies into regional transportation plans. Furthermore, BART itself is unique as a transit agency in that it is governed by an elected board, granting the people of the San Francisco Bay Area a greater measure of input on BARTs decisions than the constituents of other agencies have on their agencies. Because of BARTs unique status, the Legislature, pursuant to this act, intends to solely grant BART an exception to the fundamental principle that cities and counties must be reserved land use authority by granting BART a measure of limited land use authority over the parcels it owns.(e) The state has invested significantly in BARTs infrastructure, which is estimated to be worth over twenty billion dollars ($20,000,000,000), and continues to invest tens of millions of dollars more for BARTs operations every year. The state has an interest in leveraging the maximum benefits from this investment, including greenhouse gas emissions reductions, congestion reduction, air quality improvement, mobility enhancements, increased transit ridership, and increased affordable housing.(f) For the above reasons, the authorizations in this act, which seek to deliver affordable and market-rate housing in close proximity to high-capacity transit, constitute an urgent matter of statewide concern.SEC. 2. Section 29010.1 is added to the Public Utilities Code, to read:29010.1. (a) For purpose of this article, the following definitions shall apply:(1) Baseline TOD zoning standards means the minimum allowable density limits, the minimum allowable height limits, the minimum floor area ratio, and the highest allowable parking limits, to which the board is required to adhere to in adopting TOD zoning standards pursuant to Section 29010.6.(2) Eligible TOD project means a TOD project that meets all of the following requirements:(A) The parcel on which the TOD project would be located is an infill site, as defined in Section 21061.3 of the Public Resources Code.(B) The parcel on which the TOD project would be located was not acquired through eminent domain on or after July 1, 2019.(C) The parcel on which the TOD project would be located forms a contiguous area of at least 0.25 acres and is located both within one-half mile of an existing or planned district station entrance and within an area represented on the board.(D) The parcel on which the TOD project would be located has been owned by the district since on or before July 1, 2020.(E) For a TOD project relating to a district station that existed on July 1, 2018, both of the following requirements shall apply:(i) The districts TOD zoning standards shall apply only to a parcel that is owned by the district on that date and to a parcel both that the district acquires after that date and that meets both of the following requirements:(I) The parcel is contiguous, meaning not separated by a state controlled road, to an existing district-owned parcel within one-half mile of a station entrance.(II) The combined area of the parcel is no greater than 10 percent of the land area that the district owns within one-half mile of a station entrance.(ii) A development on land purchased by the district after July 1, 2018, shall be integrated into a TOD project, the majority of which shall be on land owned by the district on or before that date, and shall not be a stand-alone TOD project.(F) For a planned district station, it has been approved by an ordinance or resolution adopted by the legislative body of each city or county in which the station is located.(3) Floor area ratio means the gross floor area of an eligible TOD project divided by the land area of the parcel or parcels on which the eligible TOD project is built, where the land area excludes land dedicated to surface parking and circulation.(4) TOD means transit-oriented development.(5) TOD project means any residential or commercial development project wholly or partially on district land with 50 percent of the floor area of the project dedicated to residential units, unless a locally adopted specific plan provides for a different percentage, or other metric, of residential units on district-owned parcels.(6) TOD project area means the parcel or parcels of land on which a TOD project is situated.(b) For purposes of this article, local jurisdiction includes a charter city.(c) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.SECTION 1.Section 28765.5 is added to the Public Utilities Code, to read:28765.5.SEC. 3. Section 29010.6 is added to the Public Utilities Code, to read:29010.6. (a) (1) Notwithstanding any other law, the San Francisco Bay Area Rapid Transit District (BART) board of directors shall shall, consistent with Section 28793, adopt by ordinance transit-oriented development (TOD) zoning standards by a majority vote at a duly noticed public meeting that establish minimum local zoning requirements for BART-owned land that is located on contiguous parcels larger than 0.25 acres, within one-half mile of an existing or planned BART station entrance, in areas having representation on the BART board of directors. height, density, parking, and floor area ratio only, that apply to an eligible TOD project.(1)(2) Zoning standards published in the current Table 1 and Figure 1 of BART TOD Guidelines (2017) shall serve as the baseline for BART TOD zoning. zoning standards. Approved TOD zoning standards shall establish the lowest permissible height limits, lowest permissible density limits, minimum allowable floor area ratio, and the highest permissible parking minimums and maximums, as established by Table 1 and Figure 1 of BART TOD Guidelines (2017). except that the minimum allowable floor-area-ratio limit for the TOD zoning standards shall be calculated as described in clause (ii) of subparagraph (B) of paragraph (4).(2)(3) In approving adopting the TOD zoning standards, the board district shall establish and include the lowest permissible floor-area-ratio limits for each TOD place type.(3)TOD(4) (A) TOD zoning standards shall be approved by the board adopted by April 1, 2019, July 1, 2020, and may be amended by the board thereafter pursuant to this section. If(B) (i) If the board board, for any reason, fails to approve adopt new guidelines standards by April 1, 2019, the existing July 1, 2020, Table 1 of BART TOD Guidelines (2017) shall serve as the minimum local zoning requirements for local jurisdictions, TOD zoning standards, with the Transit Oriented Place Types indicated identified in Figure 1 of the BART TOD Guidelines (2017). (2017), until that time when the board adopts new TOD zoning standards.(ii) In the case that Table 1 of the BART TOD Guidelines (2017) serves as the TOD zoning standards, the minimum allowable floor-area-ratio limit shall be calculated for each station type by multiplying the number in the column titled residential target height by 0.6.(5) The TOD zoning standards shall reflect the diversity of the different communities served by the districts stations.(6) The board shall not establish floor-area-ratio limits in the TOD zoning standards less than the values described in clause (ii) of subparagraph (B) of paragraph (4).(b) The approval adoption of, and amendments to, the TOD zoning standards shall comply with all of the following:(1) The board district shall hold a public hearing to receive public comment on the proposed TOD zoning standards or proposed changes to the TOD zoning standards. The district shall conduct direct outreach to communities of concern.(2) Not less than 30 days before a public hearing of the board to consider the TOD zoning standards, the district shall provide public notice and make the draft guidelines standards available to the public.(3) The board shall approve adopt or reject any proposed TOD zoning standards at a publicly noticed meeting of the board not less than 30 days following the original public hearing.(c) Before or at the same time as approving adopting the TOD zoning standards, the board shall approve travel demand management requirements for TOD projects on district-owned real property. property, which shall be consistent with district station access and district TOD policy goals.(d) (1) (A) Where local zoning is inconsistent with the TOD zoning standards, the local jurisdiction shall adopt an a local zoning ordinance that approves the application of conforms to the TOD zoning standards and is operative within two years of the date that the TOD zoning standards were approved adopted by the board.(2)(B) The local zoning ordinance shall conform to the TOD zoning standards without the application of any bonuses or waivers allowable under any state or local density bonus provisions.(e)(2) The board district shall make a finding as to whether the local zoning ordinance is consistent with conforms to the TOD zoning standards. Local zoning shall remain in place unless the board district determines that it is inconsistent with does not conform to the TOD zoning standards. If, according to the boards districts finding, the local zoning ordinance remains inconsistent with does not conform to the TOD zoning standards after the two-year period specified in subparagraph (A) of paragraph (1) of subdivision (d), (1), the TOD zoning standards shall become the local zoning standards for any BART-owned district-owned land within one-half mile of any existing or planned BART district station entrance in areas represented on the board. A jurisdiction may update zoning to comply with TOD zoning standards until such time that a BART TOD developer the district enters into the development process. an exclusive negotiating agreement with a developer for an eligible TOD project.(3) If a local jurisdiction is in the process of adopting zoning consistent with the TOD zoning standards, including if the local jurisdiction is in the midst of a CEQA review of proposed zoning, or engaged in a lawsuit related to zoning adoption, but has not completed the adoption of those zoning standards by the time the district enters into an exclusive negotiating agreement with a developer for the development of an eligible TOD project, and if it is clear what the preferred zoning standards are, the district shall, to the extent it has the authority, follow the spirit of the local jurisdictions proposed zoning standards in negotiating the districts development agreement with any potential eligible TOD project developer.(4) By majority vote, the board may, for any specific station, exempt any local jurisdiction from the application of the TOD zoning standards at any time up to the boards approval of TOD zoning standards in cases where the local zoning for that local jurisdiction was approved as of July 1, 2018, and is within 10 percent of the height and floor-area-ratio standards established in Table 1 and Figure 1 of the BART TOD Guidelines (2017). In this case, the parking requirements shall be set as the parking minimum and maximum established in Table 1 and Figure 1 of the BART TOD Guidelines (2017).(5) If district ridership is below 200,000 daily weekday riders on average for at least three consecutive calendar years, and that level of ridership is not related to a natural disaster, the requirements of this subdivision shall be inoperative, until district ridership rises above 200,000 daily weekday riders on average for a single calendar year.(f)(e) (1) The boards approval districts approval of TOD zoning standards and local zoning standards shall be subject to the California Environmental Quality Act (CEQA review) (Division 13 (commencing with Section 21000) of the Public Resources Code). The board district shall serve as the lead agency for CEQA review. review for the TOD zoning standards.(2) Any subsequent CEQA review of rezoning to conform with TOD zoning standards, and of eligible TOD projects proposed on BART-owned district-owned land, shall incorporate the environmental impact report review document certified for the TOD zoning standards consistent with Section 21094 of the Public Resources Code. A public agency need shall not prepare an environmental impact report or mitigated negative declaration for a project involving rezoning to implement TOD zoning standards subsequent to BARTs certification of an environmental impact report review document for approval of TOD zoning standards unless the public agency finds, based on substantial evidence, that the rezoning creates a significant effect on the environment that was not analyzed and mitigated analyzed, mitigated, or avoided in the prior environmental impact report. review document.(g)(1)A TOD development proponent may submit an application for a development that is subject to the streamlined, ministerial approval process not subject to a conditional use permit if the development satisfies the objective planning standards specified in subdivision (a) of Section 65913.4 of the Government Code that are consistent with the BART TOD zoning standards.(2)This subdivision shall not apply to a development located in a jurisdiction where the market rate and affordable housing obligations in the regional housing needs assessment have been met.(h)(1)The board shall ensure any otherwise applicable local design guidelines are included in a development agreement with a TOD developer.(2)A TOD developer shall adhere to any applicable local design guidelines insofar as those guidelines do not prohibit the minimum density allowances required by the TOD zoning standards.(f) In the event that the TOD zoning standards, objective planning standards, general plan, or design review standards are mutually inconsistent, the TOD zoning standards shall be the controlling standards. To the extent that the zoning standards do not resolve inconsistencies, the general plan shall be the controlling standard.(g) The district shall establish, and amend as necessary, a parking replacement policy, consistent with the districts station access policy, with specific provisions to ensure that, after the construction of the eligible TOD project, auto-oriented stations are still accessible by private automobile. The policy shall specifically consider the parking replacement needs for auto-oriented end-of-the-line stations.(h) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.SEC. 4. Section 29010.7 is added to the Public Utilities Code, to read:29010.7. (a) (1) This section shall only apply to an eligible TOD project that meets both of the following requirements:(A) Is less than one story above highest local zoning restriction for mixed use or residential use within a half-mile of a district station as of July 1, 2018.(B) Has a floor area ratio of 2.5 or less.(2) If local zoning standards are more permissive than these requirements, this section shall apply to any project that meets the requirements of the local zoning standards.(3) This section shall not apply to a project where the local jurisdiction finds that the project will cause a specific adverse impact to public health and safety as described in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code.(b) (1) A developer in an exclusive negotiating agreement with the district may submit an application for a development that is subject to the streamlined, ministerial approval process not subject to a conditional use permit as specified in Section 65913.4 of the Government Code.(2) An eligible TOD project that meets the requirements in subdivision (a) shall not be required to comply with the objective planning standards in subdivision (a) of Section 65913.4 of the Government Code to be eligible for streamlining, except as otherwise provided in this article.(c) (1) The district shall ensure any otherwise applicable local design guidelines are included in a development agreement as general guidance to the TOD developer.(2) A TOD developer shall adhere to any applicable local design guidelines insofar as those guidelines do not prohibit the minimum height, minimum density, and maximum parking allowances required by the TOD zoning standards.(d) Local jurisdictions may not do any of the following:(1) Require that parking, as part of an eligible TOD project, be associated with any specific use, residential unit, business, or portion of the TOD project.(2) Prohibit parking from being sold, rented, or otherwise assigned separately from other parts of the eligible TOD project.(e) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.SEC. 2.SEC. 5. Section 28765.7 29010.8 is added to the Public Utilities Code, to read:28765.7.(a)Notwithstanding Section 65913.4 of the Government Code, in the event that TOD zoning standards, objective planning standards, general plan, or design review standards are mutually inconsistent, the TOD zoning standards shall be the controlling standards. To the extent that the zoning standards do not resolve inconsistencies, the general plan shall be the controlling standard.(b)The board may waive any requirement that it finds to be inconsistent with Section 65913.4 of the Government Code.(c)The board29010.8. (a) The district shall do all of the following to avoid the loss of affordable housing units and to prevent the direct displacement of tenants:(1) Require that parcels that currently have residential uses, or within the past five years have had residential uses that have been vacated or demolished, that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low income, or subject to any other form of rent or price control through a public entitys valid exercise of its police power, shall be subject to a policy that requires the replacement of all those affordable housing units to the same or lower income level as a condition of any development on the parcel within the TOD project area.(2)Require that tenants directly displaced from affordable housing units by a TOD project be prioritized for placement in(1) Require that any eligible TOD project that involves the demolition of any of the following types of housing, within the last five years from the date of approval of the development agreement, shall be subject to a policy that requires the replacement of all of those housing units to the same or lower income levels:(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents or sales prices to levels affordable, as defined in Section 50052.5 or 50053 of the Health and Safety Code, to persons and families of moderate, lower, or very low income, as defined in Section 50093, 50079.5, or 50105 of the Health and Safety Code, respectively.(B) Housing that is subject to any form of rent or price control through a public entitys valid exercise of its police power.(C) Housing that had been occupied by tenants within the last five years from the date of approval of the development agreement by a primary tenant who was low income and did not leave voluntarily.(2) As a condition of any development on a parcel within an eligible TOD project area, replacement housing units for those described in paragraph (1) shall be subject to recorded affordability restrictions. In the case of the demolition of rental units, replacement units shall be rental units with restrictions for at least 55 years, with rent levels set at the same levels as the previous restrictions or, if no rent restrictions were in place, at rents affordable, as defined in Section 50053 of the Health and Safety Code, to the most recent tenants to occupy the units, or, if the income levels of the most recent tenants cannot be determined, at rents affordable to lower income households, as defined in Section 50079.5 of the Health and Safety Code.(3) Prohibit the demolition of any unit occupied by lower income tenents unless the district or the TOD developer has offered the tenant a commensurate or better replacement affordable housing units unit within new developments located on BART-owned land. one-half mile of the same district station at a rent that does not exceed the tenants previous rent, and the tenant has accepted or refused the offer.(4) Require that new units shall not be occupied sooner than the date that replacement affordable housing units are available to all eligible tenants that wish to be moved into replacement units pursuant to paragraph (3).(5) Provide relocation assistance to lower income tenants directly displaced from housing units by an eligible TOD project pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code.(3)(6) Develop a plan strategy, in coordination with local jurisdictions, to do both of the following:(A) Increase affordable housing options and incentivize tenant protections for very low and low-income residents within and around a an eligible TOD project area, particularly in communities of concern, as defined in MTCs regional transportation plan, where there is potential for residential displacement due to changing market and development conditions. The strategy should specifically address mitigations for the direct and indirect impacts from the demolition of any existing housing units.(B) Deliver housing for essential workers within and around TOD projects. projects, especially for very low, low-, and moderate-income workers.(d)A(b) An eligible TOD project shall do both of the following:(1) Include (A) Where housing is proposed, restrict at least a 20-percent minimum 20 percent of the affordable residential housing units for occupancy by very low, low-, and moderate-income low and low-income households and subject to a recorded affordability restriction for at least 55 years in the case of rental units and 45 years in the case of owner-occupied units, in addition to the replacement affordable housing units described in paragraph (3) of subdivision (a), with a priority on residential units for very low, low-, and moderate-income low and low-income households.(B) If a local jurisdictions inclusionary housing requirement mandates a higher percentage of affordable units or a deeper level of affordability than that described in subparagraph (A), then that jurisdictions affordability percentage requirements shall apply in place of the requirements in subparagraph (A).(2) The district shall develop and implement an approach to evaluating affordable housing proposals that will consider a proposals quantity and depth of affordability, and the proposals validity and feasibility with respect to the requirements of this section.(2)(3) Comply with the labor requirements of Section 65913.4 of the Government Code and any other applicable BART district labor policies.(c) On district-owned land within the districts boundaries, the district shall ensure that a total of 30 percent of housing units are affordable, with priority given to low and very low-income households. The district shall submit a biennial report to the Department of Housing and Community Development stating the percentage of units that are restricted as affordable units, by level of affordability, for all district TOD projects.(e)(d) The board district may identify specific TOD projects that are in the approval process with a local jurisdiction on or before imposition of the TOD zoning standards adopted pursuant to subdivision (a) of Section 28765.5 29010.6 that are proceeding with local zoning approval and entitlement pursuant to existing local zoning authority.(e) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.SEC. 6. Section 29010.9 is added to the Public Utilities Code, to read:29010.9. (a) Notwithstanding Section 65913.4 of the Government Code, a local jurisdiction may exercise full design review and conditional use permitting authority over any eligible TOD project that does not meet the conditions specified in subdivision (a) of Section 29010.7.(b) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.SEC. 7. Section 29010.10 is added to the Public Utilities Code, to read:29010.10. (a) When the district enters into an exclusive negotiating agreement with a developer for the development of an eligible TOD project, that agreement shall confer a vested right to proceed with development in substantial compliance with the provisions of Sections 29010.6, 29010.7, 29010.8, and 29010.9. However, if Section 29010.6, 29010.7, 29010.8, or 29010.9 is repealed, that agreement shall confer a vested right to proceed with the eligible TOD project in substantial compliance with those provisions in effect at the time the agreement was entered into.(b) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.SEC. 3.SEC. 8. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
Amended IN Senate July 02, 2018 Amended IN Assembly April 30, 2018 Amended IN Assembly April 11, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2923Introduced by Assembly Members Chiu and Grayson(Coauthors: Assembly Members Mullin, Bloom, and Ting)February 16, 2018 An act to add and repeal Sections 28765.5 and 28765.7 to 29010.1, 29010.6, 29010.7, 29010.8, 29010.9, and 29010.10 of the Public Utilities Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGESTAB 2923, as amended, Chiu. San Francisco Bay Area Rapid Transit District: transit-oriented development.(1) Existing law establishes the San Francisco Bay Area Rapid Transit District (BART) with various powers and duties and establishes a board of directors as the legislative body of the district. Existing law requires the board to determine all questions of district policy and what transit facilities should be acquired or constructed, and authorizes the board to establish zones within the district to undertake the acquisition or construction of any transit facilities.This bill would require the board to adopt by ordinance new transit-oriented development (TOD) guidelines by a majority vote at a duly noticed public meeting zoning standards that establish minimum local zoning requirements for BART-owned land that is located on contiguous parcels larger than 0.25 acres, within 12 mile of an existing or planned BART station entrance, in areas having representation on the BART board of directors. height, density, parking, and floor area ratio only, that apply to an eligible TOD project, as defined. The bill would require that the approval adoption of, or amendment of amendments to, the TOD zoning standards comply with specified requirements and would require affected local jurisdictions to adopt an a local zoning ordinance that approves the application of conforms to the TOD zoning standards and is operative within 2 years of the date that the TOD zoning standards are approved adopted by the board. The bill would provide that the boards BARTs approval of TOD zoning standards and local zoning standards is subject to the California Environmental Quality Act (CEQA review) and would designate the board BART as the lead agency for CEQA review, as specified. TheThis bill would require the board, would, where local zoning remains inconsistent with the TOD guidelines zoning standards after this 2-year period, to approve require the TOD zoning standards to become the local zoning standards for any BART-owned land within 1/2 mile of any existing or planned BART station entrance within the BART district in areas represented on the board. board, as specified. The bill would require the board BART to ensure any otherwise applicable local design guidelines are included in a development agreement with a as general guidance to the TOD developer, and would require a TOD developer to adhere to any applicable local design guidelines insofar as those guidelines do not prohibit the minimum density height, minimum density, and maximum parking allowances required by the TOD zoning standards. The bill would require the board to adopt a permit streamlining process for specified TOD project applicants and would provide that a TOD project shall include a specified that, where housing is proposed as part of a TOD project, a minimum of 20% of the residential housing units is affordable housing requirement housing, as specified, and that the TOD project comply with specified labor requirements. The bill would provide that when BART enters into an exclusive negotiating agreement with a developer for development of an eligible TOD project, that agreement shall confer a vested right to proceed with development, as specified. The bill would provide that its provisions are repealed on January 1, 2029, except as otherwise specified. The bill would enact other related provisions and exceptions.By increasing the duties of local public officials, the bill would impose a state-mandated local program.(2) The bill would include legislative findings and declarations in support of the act being a matter of statewide concern.(2)(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Senate July 02, 2018 Amended IN Assembly April 30, 2018 Amended IN Assembly April 11, 2018
Amended IN Senate July 02, 2018
Amended IN Assembly April 30, 2018
Amended IN Assembly April 11, 2018
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 2923
Introduced by Assembly Members Chiu and Grayson(Coauthors: Assembly Members Mullin, Bloom, and Ting)February 16, 2018
Introduced by Assembly Members Chiu and Grayson(Coauthors: Assembly Members Mullin, Bloom, and Ting)
February 16, 2018
An act to add and repeal Sections 28765.5 and 28765.7 to 29010.1, 29010.6, 29010.7, 29010.8, 29010.9, and 29010.10 of the Public Utilities Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2923, as amended, Chiu. San Francisco Bay Area Rapid Transit District: transit-oriented development.
(1) Existing law establishes the San Francisco Bay Area Rapid Transit District (BART) with various powers and duties and establishes a board of directors as the legislative body of the district. Existing law requires the board to determine all questions of district policy and what transit facilities should be acquired or constructed, and authorizes the board to establish zones within the district to undertake the acquisition or construction of any transit facilities.This bill would require the board to adopt by ordinance new transit-oriented development (TOD) guidelines by a majority vote at a duly noticed public meeting zoning standards that establish minimum local zoning requirements for BART-owned land that is located on contiguous parcels larger than 0.25 acres, within 12 mile of an existing or planned BART station entrance, in areas having representation on the BART board of directors. height, density, parking, and floor area ratio only, that apply to an eligible TOD project, as defined. The bill would require that the approval adoption of, or amendment of amendments to, the TOD zoning standards comply with specified requirements and would require affected local jurisdictions to adopt an a local zoning ordinance that approves the application of conforms to the TOD zoning standards and is operative within 2 years of the date that the TOD zoning standards are approved adopted by the board. The bill would provide that the boards BARTs approval of TOD zoning standards and local zoning standards is subject to the California Environmental Quality Act (CEQA review) and would designate the board BART as the lead agency for CEQA review, as specified. TheThis bill would require the board, would, where local zoning remains inconsistent with the TOD guidelines zoning standards after this 2-year period, to approve require the TOD zoning standards to become the local zoning standards for any BART-owned land within 1/2 mile of any existing or planned BART station entrance within the BART district in areas represented on the board. board, as specified. The bill would require the board BART to ensure any otherwise applicable local design guidelines are included in a development agreement with a as general guidance to the TOD developer, and would require a TOD developer to adhere to any applicable local design guidelines insofar as those guidelines do not prohibit the minimum density height, minimum density, and maximum parking allowances required by the TOD zoning standards. The bill would require the board to adopt a permit streamlining process for specified TOD project applicants and would provide that a TOD project shall include a specified that, where housing is proposed as part of a TOD project, a minimum of 20% of the residential housing units is affordable housing requirement housing, as specified, and that the TOD project comply with specified labor requirements. The bill would provide that when BART enters into an exclusive negotiating agreement with a developer for development of an eligible TOD project, that agreement shall confer a vested right to proceed with development, as specified. The bill would provide that its provisions are repealed on January 1, 2029, except as otherwise specified. The bill would enact other related provisions and exceptions.By increasing the duties of local public officials, the bill would impose a state-mandated local program.(2) The bill would include legislative findings and declarations in support of the act being a matter of statewide concern.(2)(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1) Existing law establishes the San Francisco Bay Area Rapid Transit District (BART) with various powers and duties and establishes a board of directors as the legislative body of the district. Existing law requires the board to determine all questions of district policy and what transit facilities should be acquired or constructed, and authorizes the board to establish zones within the district to undertake the acquisition or construction of any transit facilities.
This bill would require the board to adopt by ordinance new transit-oriented development (TOD) guidelines by a majority vote at a duly noticed public meeting zoning standards that establish minimum local zoning requirements for BART-owned land that is located on contiguous parcels larger than 0.25 acres, within 12 mile of an existing or planned BART station entrance, in areas having representation on the BART board of directors. height, density, parking, and floor area ratio only, that apply to an eligible TOD project, as defined. The bill would require that the approval adoption of, or amendment of amendments to, the TOD zoning standards comply with specified requirements and would require affected local jurisdictions to adopt an a local zoning ordinance that approves the application of conforms to the TOD zoning standards and is operative within 2 years of the date that the TOD zoning standards are approved adopted by the board. The bill would provide that the boards BARTs approval of TOD zoning standards and local zoning standards is subject to the California Environmental Quality Act (CEQA review) and would designate the board BART as the lead agency for CEQA review, as specified.
The
This bill would require the board, would, where local zoning remains inconsistent with the TOD guidelines zoning standards after this 2-year period, to approve require the TOD zoning standards to become the local zoning standards for any BART-owned land within 1/2 mile of any existing or planned BART station entrance within the BART district in areas represented on the board. board, as specified. The bill would require the board BART to ensure any otherwise applicable local design guidelines are included in a development agreement with a as general guidance to the TOD developer, and would require a TOD developer to adhere to any applicable local design guidelines insofar as those guidelines do not prohibit the minimum density height, minimum density, and maximum parking allowances required by the TOD zoning standards. The bill would require the board to adopt a permit streamlining process for specified TOD project applicants and would provide that a TOD project shall include a specified that, where housing is proposed as part of a TOD project, a minimum of 20% of the residential housing units is affordable housing requirement housing, as specified, and that the TOD project comply with specified labor requirements. The bill would provide that when BART enters into an exclusive negotiating agreement with a developer for development of an eligible TOD project, that agreement shall confer a vested right to proceed with development, as specified. The bill would provide that its provisions are repealed on January 1, 2029, except as otherwise specified. The bill would enact other related provisions and exceptions.
By increasing the duties of local public officials, the bill would impose a state-mandated local program.
(2) The bill would include legislative findings and declarations in support of the act being a matter of statewide concern.
(2)
(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) The states economic health is significantly tied to the regional economic health of the San Francisco Bay Area. The growth and success of the Bay Areas economy is threatened by several challenges, including inadequate and unaffordable housing and excessive and increasing roadway congestion. In the state-mandated sustainable communities strategy for the Bay Area, locating affordable and market-rate housing near high-capacity transit is a primary tool with which to address these challenges and will keep the Bay Area on track to meet its state-mandated greenhouse gas emissions reduction targets.(b) The San Francisco Bay Area Rapid Transit District (BART) is a product of the Legislature, drawing its power from the San Francisco Bay Area Rapid Transit District Act (Part 2 (commencing with Section 28500) of Division 10 of the Public Utilities Code), which acknowledges the state-wide interest in a well-functioning, cost-effective, and fiscally sustainable BART network.(c) Recognizing the above state-wide interest, the state has granted BART land use and permitting authority to build transportation facilities such as parking structures, stations, and maintenance facilities. Since that authority was granted, it has only become clearer that making those facilities financially and environmentally sustainable requires that BART has some level of authority over land use for housing.(d) Transportation services are uniquely tied to land use patterns, as recognized by the Legislatures enactment of Chapter 728 of the Statutes of 2008, which integrated the development of sustainable communities strategies into regional transportation plans. Furthermore, BART itself is unique as a transit agency in that it is governed by an elected board, granting the people of the San Francisco Bay Area a greater measure of input on BARTs decisions than the constituents of other agencies have on their agencies. Because of BARTs unique status, the Legislature, pursuant to this act, intends to solely grant BART an exception to the fundamental principle that cities and counties must be reserved land use authority by granting BART a measure of limited land use authority over the parcels it owns.(e) The state has invested significantly in BARTs infrastructure, which is estimated to be worth over twenty billion dollars ($20,000,000,000), and continues to invest tens of millions of dollars more for BARTs operations every year. The state has an interest in leveraging the maximum benefits from this investment, including greenhouse gas emissions reductions, congestion reduction, air quality improvement, mobility enhancements, increased transit ridership, and increased affordable housing.(f) For the above reasons, the authorizations in this act, which seek to deliver affordable and market-rate housing in close proximity to high-capacity transit, constitute an urgent matter of statewide concern.SEC. 2. Section 29010.1 is added to the Public Utilities Code, to read:29010.1. (a) For purpose of this article, the following definitions shall apply:(1) Baseline TOD zoning standards means the minimum allowable density limits, the minimum allowable height limits, the minimum floor area ratio, and the highest allowable parking limits, to which the board is required to adhere to in adopting TOD zoning standards pursuant to Section 29010.6.(2) Eligible TOD project means a TOD project that meets all of the following requirements:(A) The parcel on which the TOD project would be located is an infill site, as defined in Section 21061.3 of the Public Resources Code.(B) The parcel on which the TOD project would be located was not acquired through eminent domain on or after July 1, 2019.(C) The parcel on which the TOD project would be located forms a contiguous area of at least 0.25 acres and is located both within one-half mile of an existing or planned district station entrance and within an area represented on the board.(D) The parcel on which the TOD project would be located has been owned by the district since on or before July 1, 2020.(E) For a TOD project relating to a district station that existed on July 1, 2018, both of the following requirements shall apply:(i) The districts TOD zoning standards shall apply only to a parcel that is owned by the district on that date and to a parcel both that the district acquires after that date and that meets both of the following requirements:(I) The parcel is contiguous, meaning not separated by a state controlled road, to an existing district-owned parcel within one-half mile of a station entrance.(II) The combined area of the parcel is no greater than 10 percent of the land area that the district owns within one-half mile of a station entrance.(ii) A development on land purchased by the district after July 1, 2018, shall be integrated into a TOD project, the majority of which shall be on land owned by the district on or before that date, and shall not be a stand-alone TOD project.(F) For a planned district station, it has been approved by an ordinance or resolution adopted by the legislative body of each city or county in which the station is located.(3) Floor area ratio means the gross floor area of an eligible TOD project divided by the land area of the parcel or parcels on which the eligible TOD project is built, where the land area excludes land dedicated to surface parking and circulation.(4) TOD means transit-oriented development.(5) TOD project means any residential or commercial development project wholly or partially on district land with 50 percent of the floor area of the project dedicated to residential units, unless a locally adopted specific plan provides for a different percentage, or other metric, of residential units on district-owned parcels.(6) TOD project area means the parcel or parcels of land on which a TOD project is situated.(b) For purposes of this article, local jurisdiction includes a charter city.(c) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.SECTION 1.Section 28765.5 is added to the Public Utilities Code, to read:28765.5.SEC. 3. Section 29010.6 is added to the Public Utilities Code, to read:29010.6. (a) (1) Notwithstanding any other law, the San Francisco Bay Area Rapid Transit District (BART) board of directors shall shall, consistent with Section 28793, adopt by ordinance transit-oriented development (TOD) zoning standards by a majority vote at a duly noticed public meeting that establish minimum local zoning requirements for BART-owned land that is located on contiguous parcels larger than 0.25 acres, within one-half mile of an existing or planned BART station entrance, in areas having representation on the BART board of directors. height, density, parking, and floor area ratio only, that apply to an eligible TOD project.(1)(2) Zoning standards published in the current Table 1 and Figure 1 of BART TOD Guidelines (2017) shall serve as the baseline for BART TOD zoning. zoning standards. Approved TOD zoning standards shall establish the lowest permissible height limits, lowest permissible density limits, minimum allowable floor area ratio, and the highest permissible parking minimums and maximums, as established by Table 1 and Figure 1 of BART TOD Guidelines (2017). except that the minimum allowable floor-area-ratio limit for the TOD zoning standards shall be calculated as described in clause (ii) of subparagraph (B) of paragraph (4).(2)(3) In approving adopting the TOD zoning standards, the board district shall establish and include the lowest permissible floor-area-ratio limits for each TOD place type.(3)TOD(4) (A) TOD zoning standards shall be approved by the board adopted by April 1, 2019, July 1, 2020, and may be amended by the board thereafter pursuant to this section. If(B) (i) If the board board, for any reason, fails to approve adopt new guidelines standards by April 1, 2019, the existing July 1, 2020, Table 1 of BART TOD Guidelines (2017) shall serve as the minimum local zoning requirements for local jurisdictions, TOD zoning standards, with the Transit Oriented Place Types indicated identified in Figure 1 of the BART TOD Guidelines (2017). (2017), until that time when the board adopts new TOD zoning standards.(ii) In the case that Table 1 of the BART TOD Guidelines (2017) serves as the TOD zoning standards, the minimum allowable floor-area-ratio limit shall be calculated for each station type by multiplying the number in the column titled residential target height by 0.6.(5) The TOD zoning standards shall reflect the diversity of the different communities served by the districts stations.(6) The board shall not establish floor-area-ratio limits in the TOD zoning standards less than the values described in clause (ii) of subparagraph (B) of paragraph (4).(b) The approval adoption of, and amendments to, the TOD zoning standards shall comply with all of the following:(1) The board district shall hold a public hearing to receive public comment on the proposed TOD zoning standards or proposed changes to the TOD zoning standards. The district shall conduct direct outreach to communities of concern.(2) Not less than 30 days before a public hearing of the board to consider the TOD zoning standards, the district shall provide public notice and make the draft guidelines standards available to the public.(3) The board shall approve adopt or reject any proposed TOD zoning standards at a publicly noticed meeting of the board not less than 30 days following the original public hearing.(c) Before or at the same time as approving adopting the TOD zoning standards, the board shall approve travel demand management requirements for TOD projects on district-owned real property. property, which shall be consistent with district station access and district TOD policy goals.(d) (1) (A) Where local zoning is inconsistent with the TOD zoning standards, the local jurisdiction shall adopt an a local zoning ordinance that approves the application of conforms to the TOD zoning standards and is operative within two years of the date that the TOD zoning standards were approved adopted by the board.(2)(B) The local zoning ordinance shall conform to the TOD zoning standards without the application of any bonuses or waivers allowable under any state or local density bonus provisions.(e)(2) The board district shall make a finding as to whether the local zoning ordinance is consistent with conforms to the TOD zoning standards. Local zoning shall remain in place unless the board district determines that it is inconsistent with does not conform to the TOD zoning standards. If, according to the boards districts finding, the local zoning ordinance remains inconsistent with does not conform to the TOD zoning standards after the two-year period specified in subparagraph (A) of paragraph (1) of subdivision (d), (1), the TOD zoning standards shall become the local zoning standards for any BART-owned district-owned land within one-half mile of any existing or planned BART district station entrance in areas represented on the board. A jurisdiction may update zoning to comply with TOD zoning standards until such time that a BART TOD developer the district enters into the development process. an exclusive negotiating agreement with a developer for an eligible TOD project.(3) If a local jurisdiction is in the process of adopting zoning consistent with the TOD zoning standards, including if the local jurisdiction is in the midst of a CEQA review of proposed zoning, or engaged in a lawsuit related to zoning adoption, but has not completed the adoption of those zoning standards by the time the district enters into an exclusive negotiating agreement with a developer for the development of an eligible TOD project, and if it is clear what the preferred zoning standards are, the district shall, to the extent it has the authority, follow the spirit of the local jurisdictions proposed zoning standards in negotiating the districts development agreement with any potential eligible TOD project developer.(4) By majority vote, the board may, for any specific station, exempt any local jurisdiction from the application of the TOD zoning standards at any time up to the boards approval of TOD zoning standards in cases where the local zoning for that local jurisdiction was approved as of July 1, 2018, and is within 10 percent of the height and floor-area-ratio standards established in Table 1 and Figure 1 of the BART TOD Guidelines (2017). In this case, the parking requirements shall be set as the parking minimum and maximum established in Table 1 and Figure 1 of the BART TOD Guidelines (2017).(5) If district ridership is below 200,000 daily weekday riders on average for at least three consecutive calendar years, and that level of ridership is not related to a natural disaster, the requirements of this subdivision shall be inoperative, until district ridership rises above 200,000 daily weekday riders on average for a single calendar year.(f)(e) (1) The boards approval districts approval of TOD zoning standards and local zoning standards shall be subject to the California Environmental Quality Act (CEQA review) (Division 13 (commencing with Section 21000) of the Public Resources Code). The board district shall serve as the lead agency for CEQA review. review for the TOD zoning standards.(2) Any subsequent CEQA review of rezoning to conform with TOD zoning standards, and of eligible TOD projects proposed on BART-owned district-owned land, shall incorporate the environmental impact report review document certified for the TOD zoning standards consistent with Section 21094 of the Public Resources Code. A public agency need shall not prepare an environmental impact report or mitigated negative declaration for a project involving rezoning to implement TOD zoning standards subsequent to BARTs certification of an environmental impact report review document for approval of TOD zoning standards unless the public agency finds, based on substantial evidence, that the rezoning creates a significant effect on the environment that was not analyzed and mitigated analyzed, mitigated, or avoided in the prior environmental impact report. review document.(g)(1)A TOD development proponent may submit an application for a development that is subject to the streamlined, ministerial approval process not subject to a conditional use permit if the development satisfies the objective planning standards specified in subdivision (a) of Section 65913.4 of the Government Code that are consistent with the BART TOD zoning standards.(2)This subdivision shall not apply to a development located in a jurisdiction where the market rate and affordable housing obligations in the regional housing needs assessment have been met.(h)(1)The board shall ensure any otherwise applicable local design guidelines are included in a development agreement with a TOD developer.(2)A TOD developer shall adhere to any applicable local design guidelines insofar as those guidelines do not prohibit the minimum density allowances required by the TOD zoning standards.(f) In the event that the TOD zoning standards, objective planning standards, general plan, or design review standards are mutually inconsistent, the TOD zoning standards shall be the controlling standards. To the extent that the zoning standards do not resolve inconsistencies, the general plan shall be the controlling standard.(g) The district shall establish, and amend as necessary, a parking replacement policy, consistent with the districts station access policy, with specific provisions to ensure that, after the construction of the eligible TOD project, auto-oriented stations are still accessible by private automobile. The policy shall specifically consider the parking replacement needs for auto-oriented end-of-the-line stations.(h) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.SEC. 4. Section 29010.7 is added to the Public Utilities Code, to read:29010.7. (a) (1) This section shall only apply to an eligible TOD project that meets both of the following requirements:(A) Is less than one story above highest local zoning restriction for mixed use or residential use within a half-mile of a district station as of July 1, 2018.(B) Has a floor area ratio of 2.5 or less.(2) If local zoning standards are more permissive than these requirements, this section shall apply to any project that meets the requirements of the local zoning standards.(3) This section shall not apply to a project where the local jurisdiction finds that the project will cause a specific adverse impact to public health and safety as described in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code.(b) (1) A developer in an exclusive negotiating agreement with the district may submit an application for a development that is subject to the streamlined, ministerial approval process not subject to a conditional use permit as specified in Section 65913.4 of the Government Code.(2) An eligible TOD project that meets the requirements in subdivision (a) shall not be required to comply with the objective planning standards in subdivision (a) of Section 65913.4 of the Government Code to be eligible for streamlining, except as otherwise provided in this article.(c) (1) The district shall ensure any otherwise applicable local design guidelines are included in a development agreement as general guidance to the TOD developer.(2) A TOD developer shall adhere to any applicable local design guidelines insofar as those guidelines do not prohibit the minimum height, minimum density, and maximum parking allowances required by the TOD zoning standards.(d) Local jurisdictions may not do any of the following:(1) Require that parking, as part of an eligible TOD project, be associated with any specific use, residential unit, business, or portion of the TOD project.(2) Prohibit parking from being sold, rented, or otherwise assigned separately from other parts of the eligible TOD project.(e) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.SEC. 2.SEC. 5. Section 28765.7 29010.8 is added to the Public Utilities Code, to read:28765.7.(a)Notwithstanding Section 65913.4 of the Government Code, in the event that TOD zoning standards, objective planning standards, general plan, or design review standards are mutually inconsistent, the TOD zoning standards shall be the controlling standards. To the extent that the zoning standards do not resolve inconsistencies, the general plan shall be the controlling standard.(b)The board may waive any requirement that it finds to be inconsistent with Section 65913.4 of the Government Code.(c)The board29010.8. (a) The district shall do all of the following to avoid the loss of affordable housing units and to prevent the direct displacement of tenants:(1) Require that parcels that currently have residential uses, or within the past five years have had residential uses that have been vacated or demolished, that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low income, or subject to any other form of rent or price control through a public entitys valid exercise of its police power, shall be subject to a policy that requires the replacement of all those affordable housing units to the same or lower income level as a condition of any development on the parcel within the TOD project area.(2)Require that tenants directly displaced from affordable housing units by a TOD project be prioritized for placement in(1) Require that any eligible TOD project that involves the demolition of any of the following types of housing, within the last five years from the date of approval of the development agreement, shall be subject to a policy that requires the replacement of all of those housing units to the same or lower income levels:(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents or sales prices to levels affordable, as defined in Section 50052.5 or 50053 of the Health and Safety Code, to persons and families of moderate, lower, or very low income, as defined in Section 50093, 50079.5, or 50105 of the Health and Safety Code, respectively.(B) Housing that is subject to any form of rent or price control through a public entitys valid exercise of its police power.(C) Housing that had been occupied by tenants within the last five years from the date of approval of the development agreement by a primary tenant who was low income and did not leave voluntarily.(2) As a condition of any development on a parcel within an eligible TOD project area, replacement housing units for those described in paragraph (1) shall be subject to recorded affordability restrictions. In the case of the demolition of rental units, replacement units shall be rental units with restrictions for at least 55 years, with rent levels set at the same levels as the previous restrictions or, if no rent restrictions were in place, at rents affordable, as defined in Section 50053 of the Health and Safety Code, to the most recent tenants to occupy the units, or, if the income levels of the most recent tenants cannot be determined, at rents affordable to lower income households, as defined in Section 50079.5 of the Health and Safety Code.(3) Prohibit the demolition of any unit occupied by lower income tenents unless the district or the TOD developer has offered the tenant a commensurate or better replacement affordable housing units unit within new developments located on BART-owned land. one-half mile of the same district station at a rent that does not exceed the tenants previous rent, and the tenant has accepted or refused the offer.(4) Require that new units shall not be occupied sooner than the date that replacement affordable housing units are available to all eligible tenants that wish to be moved into replacement units pursuant to paragraph (3).(5) Provide relocation assistance to lower income tenants directly displaced from housing units by an eligible TOD project pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code.(3)(6) Develop a plan strategy, in coordination with local jurisdictions, to do both of the following:(A) Increase affordable housing options and incentivize tenant protections for very low and low-income residents within and around a an eligible TOD project area, particularly in communities of concern, as defined in MTCs regional transportation plan, where there is potential for residential displacement due to changing market and development conditions. The strategy should specifically address mitigations for the direct and indirect impacts from the demolition of any existing housing units.(B) Deliver housing for essential workers within and around TOD projects. projects, especially for very low, low-, and moderate-income workers.(d)A(b) An eligible TOD project shall do both of the following:(1) Include (A) Where housing is proposed, restrict at least a 20-percent minimum 20 percent of the affordable residential housing units for occupancy by very low, low-, and moderate-income low and low-income households and subject to a recorded affordability restriction for at least 55 years in the case of rental units and 45 years in the case of owner-occupied units, in addition to the replacement affordable housing units described in paragraph (3) of subdivision (a), with a priority on residential units for very low, low-, and moderate-income low and low-income households.(B) If a local jurisdictions inclusionary housing requirement mandates a higher percentage of affordable units or a deeper level of affordability than that described in subparagraph (A), then that jurisdictions affordability percentage requirements shall apply in place of the requirements in subparagraph (A).(2) The district shall develop and implement an approach to evaluating affordable housing proposals that will consider a proposals quantity and depth of affordability, and the proposals validity and feasibility with respect to the requirements of this section.(2)(3) Comply with the labor requirements of Section 65913.4 of the Government Code and any other applicable BART district labor policies.(c) On district-owned land within the districts boundaries, the district shall ensure that a total of 30 percent of housing units are affordable, with priority given to low and very low-income households. The district shall submit a biennial report to the Department of Housing and Community Development stating the percentage of units that are restricted as affordable units, by level of affordability, for all district TOD projects.(e)(d) The board district may identify specific TOD projects that are in the approval process with a local jurisdiction on or before imposition of the TOD zoning standards adopted pursuant to subdivision (a) of Section 28765.5 29010.6 that are proceeding with local zoning approval and entitlement pursuant to existing local zoning authority.(e) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.SEC. 6. Section 29010.9 is added to the Public Utilities Code, to read:29010.9. (a) Notwithstanding Section 65913.4 of the Government Code, a local jurisdiction may exercise full design review and conditional use permitting authority over any eligible TOD project that does not meet the conditions specified in subdivision (a) of Section 29010.7.(b) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.SEC. 7. Section 29010.10 is added to the Public Utilities Code, to read:29010.10. (a) When the district enters into an exclusive negotiating agreement with a developer for the development of an eligible TOD project, that agreement shall confer a vested right to proceed with development in substantial compliance with the provisions of Sections 29010.6, 29010.7, 29010.8, and 29010.9. However, if Section 29010.6, 29010.7, 29010.8, or 29010.9 is repealed, that agreement shall confer a vested right to proceed with the eligible TOD project in substantial compliance with those provisions in effect at the time the agreement was entered into.(b) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.SEC. 3.SEC. 8. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:(a) The states economic health is significantly tied to the regional economic health of the San Francisco Bay Area. The growth and success of the Bay Areas economy is threatened by several challenges, including inadequate and unaffordable housing and excessive and increasing roadway congestion. In the state-mandated sustainable communities strategy for the Bay Area, locating affordable and market-rate housing near high-capacity transit is a primary tool with which to address these challenges and will keep the Bay Area on track to meet its state-mandated greenhouse gas emissions reduction targets.(b) The San Francisco Bay Area Rapid Transit District (BART) is a product of the Legislature, drawing its power from the San Francisco Bay Area Rapid Transit District Act (Part 2 (commencing with Section 28500) of Division 10 of the Public Utilities Code), which acknowledges the state-wide interest in a well-functioning, cost-effective, and fiscally sustainable BART network.(c) Recognizing the above state-wide interest, the state has granted BART land use and permitting authority to build transportation facilities such as parking structures, stations, and maintenance facilities. Since that authority was granted, it has only become clearer that making those facilities financially and environmentally sustainable requires that BART has some level of authority over land use for housing.(d) Transportation services are uniquely tied to land use patterns, as recognized by the Legislatures enactment of Chapter 728 of the Statutes of 2008, which integrated the development of sustainable communities strategies into regional transportation plans. Furthermore, BART itself is unique as a transit agency in that it is governed by an elected board, granting the people of the San Francisco Bay Area a greater measure of input on BARTs decisions than the constituents of other agencies have on their agencies. Because of BARTs unique status, the Legislature, pursuant to this act, intends to solely grant BART an exception to the fundamental principle that cities and counties must be reserved land use authority by granting BART a measure of limited land use authority over the parcels it owns.(e) The state has invested significantly in BARTs infrastructure, which is estimated to be worth over twenty billion dollars ($20,000,000,000), and continues to invest tens of millions of dollars more for BARTs operations every year. The state has an interest in leveraging the maximum benefits from this investment, including greenhouse gas emissions reductions, congestion reduction, air quality improvement, mobility enhancements, increased transit ridership, and increased affordable housing.(f) For the above reasons, the authorizations in this act, which seek to deliver affordable and market-rate housing in close proximity to high-capacity transit, constitute an urgent matter of statewide concern.
SECTION 1. The Legislature finds and declares all of the following:(a) The states economic health is significantly tied to the regional economic health of the San Francisco Bay Area. The growth and success of the Bay Areas economy is threatened by several challenges, including inadequate and unaffordable housing and excessive and increasing roadway congestion. In the state-mandated sustainable communities strategy for the Bay Area, locating affordable and market-rate housing near high-capacity transit is a primary tool with which to address these challenges and will keep the Bay Area on track to meet its state-mandated greenhouse gas emissions reduction targets.(b) The San Francisco Bay Area Rapid Transit District (BART) is a product of the Legislature, drawing its power from the San Francisco Bay Area Rapid Transit District Act (Part 2 (commencing with Section 28500) of Division 10 of the Public Utilities Code), which acknowledges the state-wide interest in a well-functioning, cost-effective, and fiscally sustainable BART network.(c) Recognizing the above state-wide interest, the state has granted BART land use and permitting authority to build transportation facilities such as parking structures, stations, and maintenance facilities. Since that authority was granted, it has only become clearer that making those facilities financially and environmentally sustainable requires that BART has some level of authority over land use for housing.(d) Transportation services are uniquely tied to land use patterns, as recognized by the Legislatures enactment of Chapter 728 of the Statutes of 2008, which integrated the development of sustainable communities strategies into regional transportation plans. Furthermore, BART itself is unique as a transit agency in that it is governed by an elected board, granting the people of the San Francisco Bay Area a greater measure of input on BARTs decisions than the constituents of other agencies have on their agencies. Because of BARTs unique status, the Legislature, pursuant to this act, intends to solely grant BART an exception to the fundamental principle that cities and counties must be reserved land use authority by granting BART a measure of limited land use authority over the parcels it owns.(e) The state has invested significantly in BARTs infrastructure, which is estimated to be worth over twenty billion dollars ($20,000,000,000), and continues to invest tens of millions of dollars more for BARTs operations every year. The state has an interest in leveraging the maximum benefits from this investment, including greenhouse gas emissions reductions, congestion reduction, air quality improvement, mobility enhancements, increased transit ridership, and increased affordable housing.(f) For the above reasons, the authorizations in this act, which seek to deliver affordable and market-rate housing in close proximity to high-capacity transit, constitute an urgent matter of statewide concern.
SECTION 1. The Legislature finds and declares all of the following:
### SECTION 1.
(a) The states economic health is significantly tied to the regional economic health of the San Francisco Bay Area. The growth and success of the Bay Areas economy is threatened by several challenges, including inadequate and unaffordable housing and excessive and increasing roadway congestion. In the state-mandated sustainable communities strategy for the Bay Area, locating affordable and market-rate housing near high-capacity transit is a primary tool with which to address these challenges and will keep the Bay Area on track to meet its state-mandated greenhouse gas emissions reduction targets.
(b) The San Francisco Bay Area Rapid Transit District (BART) is a product of the Legislature, drawing its power from the San Francisco Bay Area Rapid Transit District Act (Part 2 (commencing with Section 28500) of Division 10 of the Public Utilities Code), which acknowledges the state-wide interest in a well-functioning, cost-effective, and fiscally sustainable BART network.
(c) Recognizing the above state-wide interest, the state has granted BART land use and permitting authority to build transportation facilities such as parking structures, stations, and maintenance facilities. Since that authority was granted, it has only become clearer that making those facilities financially and environmentally sustainable requires that BART has some level of authority over land use for housing.
(d) Transportation services are uniquely tied to land use patterns, as recognized by the Legislatures enactment of Chapter 728 of the Statutes of 2008, which integrated the development of sustainable communities strategies into regional transportation plans. Furthermore, BART itself is unique as a transit agency in that it is governed by an elected board, granting the people of the San Francisco Bay Area a greater measure of input on BARTs decisions than the constituents of other agencies have on their agencies. Because of BARTs unique status, the Legislature, pursuant to this act, intends to solely grant BART an exception to the fundamental principle that cities and counties must be reserved land use authority by granting BART a measure of limited land use authority over the parcels it owns.
(e) The state has invested significantly in BARTs infrastructure, which is estimated to be worth over twenty billion dollars ($20,000,000,000), and continues to invest tens of millions of dollars more for BARTs operations every year. The state has an interest in leveraging the maximum benefits from this investment, including greenhouse gas emissions reductions, congestion reduction, air quality improvement, mobility enhancements, increased transit ridership, and increased affordable housing.
(f) For the above reasons, the authorizations in this act, which seek to deliver affordable and market-rate housing in close proximity to high-capacity transit, constitute an urgent matter of statewide concern.
SEC. 2. Section 29010.1 is added to the Public Utilities Code, to read:29010.1. (a) For purpose of this article, the following definitions shall apply:(1) Baseline TOD zoning standards means the minimum allowable density limits, the minimum allowable height limits, the minimum floor area ratio, and the highest allowable parking limits, to which the board is required to adhere to in adopting TOD zoning standards pursuant to Section 29010.6.(2) Eligible TOD project means a TOD project that meets all of the following requirements:(A) The parcel on which the TOD project would be located is an infill site, as defined in Section 21061.3 of the Public Resources Code.(B) The parcel on which the TOD project would be located was not acquired through eminent domain on or after July 1, 2019.(C) The parcel on which the TOD project would be located forms a contiguous area of at least 0.25 acres and is located both within one-half mile of an existing or planned district station entrance and within an area represented on the board.(D) The parcel on which the TOD project would be located has been owned by the district since on or before July 1, 2020.(E) For a TOD project relating to a district station that existed on July 1, 2018, both of the following requirements shall apply:(i) The districts TOD zoning standards shall apply only to a parcel that is owned by the district on that date and to a parcel both that the district acquires after that date and that meets both of the following requirements:(I) The parcel is contiguous, meaning not separated by a state controlled road, to an existing district-owned parcel within one-half mile of a station entrance.(II) The combined area of the parcel is no greater than 10 percent of the land area that the district owns within one-half mile of a station entrance.(ii) A development on land purchased by the district after July 1, 2018, shall be integrated into a TOD project, the majority of which shall be on land owned by the district on or before that date, and shall not be a stand-alone TOD project.(F) For a planned district station, it has been approved by an ordinance or resolution adopted by the legislative body of each city or county in which the station is located.(3) Floor area ratio means the gross floor area of an eligible TOD project divided by the land area of the parcel or parcels on which the eligible TOD project is built, where the land area excludes land dedicated to surface parking and circulation.(4) TOD means transit-oriented development.(5) TOD project means any residential or commercial development project wholly or partially on district land with 50 percent of the floor area of the project dedicated to residential units, unless a locally adopted specific plan provides for a different percentage, or other metric, of residential units on district-owned parcels.(6) TOD project area means the parcel or parcels of land on which a TOD project is situated.(b) For purposes of this article, local jurisdiction includes a charter city.(c) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 2. Section 29010.1 is added to the Public Utilities Code, to read:
### SEC. 2.
29010.1. (a) For purpose of this article, the following definitions shall apply:(1) Baseline TOD zoning standards means the minimum allowable density limits, the minimum allowable height limits, the minimum floor area ratio, and the highest allowable parking limits, to which the board is required to adhere to in adopting TOD zoning standards pursuant to Section 29010.6.(2) Eligible TOD project means a TOD project that meets all of the following requirements:(A) The parcel on which the TOD project would be located is an infill site, as defined in Section 21061.3 of the Public Resources Code.(B) The parcel on which the TOD project would be located was not acquired through eminent domain on or after July 1, 2019.(C) The parcel on which the TOD project would be located forms a contiguous area of at least 0.25 acres and is located both within one-half mile of an existing or planned district station entrance and within an area represented on the board.(D) The parcel on which the TOD project would be located has been owned by the district since on or before July 1, 2020.(E) For a TOD project relating to a district station that existed on July 1, 2018, both of the following requirements shall apply:(i) The districts TOD zoning standards shall apply only to a parcel that is owned by the district on that date and to a parcel both that the district acquires after that date and that meets both of the following requirements:(I) The parcel is contiguous, meaning not separated by a state controlled road, to an existing district-owned parcel within one-half mile of a station entrance.(II) The combined area of the parcel is no greater than 10 percent of the land area that the district owns within one-half mile of a station entrance.(ii) A development on land purchased by the district after July 1, 2018, shall be integrated into a TOD project, the majority of which shall be on land owned by the district on or before that date, and shall not be a stand-alone TOD project.(F) For a planned district station, it has been approved by an ordinance or resolution adopted by the legislative body of each city or county in which the station is located.(3) Floor area ratio means the gross floor area of an eligible TOD project divided by the land area of the parcel or parcels on which the eligible TOD project is built, where the land area excludes land dedicated to surface parking and circulation.(4) TOD means transit-oriented development.(5) TOD project means any residential or commercial development project wholly or partially on district land with 50 percent of the floor area of the project dedicated to residential units, unless a locally adopted specific plan provides for a different percentage, or other metric, of residential units on district-owned parcels.(6) TOD project area means the parcel or parcels of land on which a TOD project is situated.(b) For purposes of this article, local jurisdiction includes a charter city.(c) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
29010.1. (a) For purpose of this article, the following definitions shall apply:(1) Baseline TOD zoning standards means the minimum allowable density limits, the minimum allowable height limits, the minimum floor area ratio, and the highest allowable parking limits, to which the board is required to adhere to in adopting TOD zoning standards pursuant to Section 29010.6.(2) Eligible TOD project means a TOD project that meets all of the following requirements:(A) The parcel on which the TOD project would be located is an infill site, as defined in Section 21061.3 of the Public Resources Code.(B) The parcel on which the TOD project would be located was not acquired through eminent domain on or after July 1, 2019.(C) The parcel on which the TOD project would be located forms a contiguous area of at least 0.25 acres and is located both within one-half mile of an existing or planned district station entrance and within an area represented on the board.(D) The parcel on which the TOD project would be located has been owned by the district since on or before July 1, 2020.(E) For a TOD project relating to a district station that existed on July 1, 2018, both of the following requirements shall apply:(i) The districts TOD zoning standards shall apply only to a parcel that is owned by the district on that date and to a parcel both that the district acquires after that date and that meets both of the following requirements:(I) The parcel is contiguous, meaning not separated by a state controlled road, to an existing district-owned parcel within one-half mile of a station entrance.(II) The combined area of the parcel is no greater than 10 percent of the land area that the district owns within one-half mile of a station entrance.(ii) A development on land purchased by the district after July 1, 2018, shall be integrated into a TOD project, the majority of which shall be on land owned by the district on or before that date, and shall not be a stand-alone TOD project.(F) For a planned district station, it has been approved by an ordinance or resolution adopted by the legislative body of each city or county in which the station is located.(3) Floor area ratio means the gross floor area of an eligible TOD project divided by the land area of the parcel or parcels on which the eligible TOD project is built, where the land area excludes land dedicated to surface parking and circulation.(4) TOD means transit-oriented development.(5) TOD project means any residential or commercial development project wholly or partially on district land with 50 percent of the floor area of the project dedicated to residential units, unless a locally adopted specific plan provides for a different percentage, or other metric, of residential units on district-owned parcels.(6) TOD project area means the parcel or parcels of land on which a TOD project is situated.(b) For purposes of this article, local jurisdiction includes a charter city.(c) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
29010.1. (a) For purpose of this article, the following definitions shall apply:(1) Baseline TOD zoning standards means the minimum allowable density limits, the minimum allowable height limits, the minimum floor area ratio, and the highest allowable parking limits, to which the board is required to adhere to in adopting TOD zoning standards pursuant to Section 29010.6.(2) Eligible TOD project means a TOD project that meets all of the following requirements:(A) The parcel on which the TOD project would be located is an infill site, as defined in Section 21061.3 of the Public Resources Code.(B) The parcel on which the TOD project would be located was not acquired through eminent domain on or after July 1, 2019.(C) The parcel on which the TOD project would be located forms a contiguous area of at least 0.25 acres and is located both within one-half mile of an existing or planned district station entrance and within an area represented on the board.(D) The parcel on which the TOD project would be located has been owned by the district since on or before July 1, 2020.(E) For a TOD project relating to a district station that existed on July 1, 2018, both of the following requirements shall apply:(i) The districts TOD zoning standards shall apply only to a parcel that is owned by the district on that date and to a parcel both that the district acquires after that date and that meets both of the following requirements:(I) The parcel is contiguous, meaning not separated by a state controlled road, to an existing district-owned parcel within one-half mile of a station entrance.(II) The combined area of the parcel is no greater than 10 percent of the land area that the district owns within one-half mile of a station entrance.(ii) A development on land purchased by the district after July 1, 2018, shall be integrated into a TOD project, the majority of which shall be on land owned by the district on or before that date, and shall not be a stand-alone TOD project.(F) For a planned district station, it has been approved by an ordinance or resolution adopted by the legislative body of each city or county in which the station is located.(3) Floor area ratio means the gross floor area of an eligible TOD project divided by the land area of the parcel or parcels on which the eligible TOD project is built, where the land area excludes land dedicated to surface parking and circulation.(4) TOD means transit-oriented development.(5) TOD project means any residential or commercial development project wholly or partially on district land with 50 percent of the floor area of the project dedicated to residential units, unless a locally adopted specific plan provides for a different percentage, or other metric, of residential units on district-owned parcels.(6) TOD project area means the parcel or parcels of land on which a TOD project is situated.(b) For purposes of this article, local jurisdiction includes a charter city.(c) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
29010.1. (a) For purpose of this article, the following definitions shall apply:
(1) Baseline TOD zoning standards means the minimum allowable density limits, the minimum allowable height limits, the minimum floor area ratio, and the highest allowable parking limits, to which the board is required to adhere to in adopting TOD zoning standards pursuant to Section 29010.6.
(2) Eligible TOD project means a TOD project that meets all of the following requirements:
(A) The parcel on which the TOD project would be located is an infill site, as defined in Section 21061.3 of the Public Resources Code.
(B) The parcel on which the TOD project would be located was not acquired through eminent domain on or after July 1, 2019.
(C) The parcel on which the TOD project would be located forms a contiguous area of at least 0.25 acres and is located both within one-half mile of an existing or planned district station entrance and within an area represented on the board.
(D) The parcel on which the TOD project would be located has been owned by the district since on or before July 1, 2020.
(E) For a TOD project relating to a district station that existed on July 1, 2018, both of the following requirements shall apply:
(i) The districts TOD zoning standards shall apply only to a parcel that is owned by the district on that date and to a parcel both that the district acquires after that date and that meets both of the following requirements:
(I) The parcel is contiguous, meaning not separated by a state controlled road, to an existing district-owned parcel within one-half mile of a station entrance.
(II) The combined area of the parcel is no greater than 10 percent of the land area that the district owns within one-half mile of a station entrance.
(ii) A development on land purchased by the district after July 1, 2018, shall be integrated into a TOD project, the majority of which shall be on land owned by the district on or before that date, and shall not be a stand-alone TOD project.
(F) For a planned district station, it has been approved by an ordinance or resolution adopted by the legislative body of each city or county in which the station is located.
(3) Floor area ratio means the gross floor area of an eligible TOD project divided by the land area of the parcel or parcels on which the eligible TOD project is built, where the land area excludes land dedicated to surface parking and circulation.
(4) TOD means transit-oriented development.
(5) TOD project means any residential or commercial development project wholly or partially on district land with 50 percent of the floor area of the project dedicated to residential units, unless a locally adopted specific plan provides for a different percentage, or other metric, of residential units on district-owned parcels.
(6) TOD project area means the parcel or parcels of land on which a TOD project is situated.
(b) For purposes of this article, local jurisdiction includes a charter city.
(c) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 3. Section 29010.6 is added to the Public Utilities Code, to read:29010.6. (a) (1) Notwithstanding any other law, the San Francisco Bay Area Rapid Transit District (BART) board of directors shall shall, consistent with Section 28793, adopt by ordinance transit-oriented development (TOD) zoning standards by a majority vote at a duly noticed public meeting that establish minimum local zoning requirements for BART-owned land that is located on contiguous parcels larger than 0.25 acres, within one-half mile of an existing or planned BART station entrance, in areas having representation on the BART board of directors. height, density, parking, and floor area ratio only, that apply to an eligible TOD project.(1)(2) Zoning standards published in the current Table 1 and Figure 1 of BART TOD Guidelines (2017) shall serve as the baseline for BART TOD zoning. zoning standards. Approved TOD zoning standards shall establish the lowest permissible height limits, lowest permissible density limits, minimum allowable floor area ratio, and the highest permissible parking minimums and maximums, as established by Table 1 and Figure 1 of BART TOD Guidelines (2017). except that the minimum allowable floor-area-ratio limit for the TOD zoning standards shall be calculated as described in clause (ii) of subparagraph (B) of paragraph (4).(2)(3) In approving adopting the TOD zoning standards, the board district shall establish and include the lowest permissible floor-area-ratio limits for each TOD place type.(3)TOD(4) (A) TOD zoning standards shall be approved by the board adopted by April 1, 2019, July 1, 2020, and may be amended by the board thereafter pursuant to this section. If(B) (i) If the board board, for any reason, fails to approve adopt new guidelines standards by April 1, 2019, the existing July 1, 2020, Table 1 of BART TOD Guidelines (2017) shall serve as the minimum local zoning requirements for local jurisdictions, TOD zoning standards, with the Transit Oriented Place Types indicated identified in Figure 1 of the BART TOD Guidelines (2017). (2017), until that time when the board adopts new TOD zoning standards.(ii) In the case that Table 1 of the BART TOD Guidelines (2017) serves as the TOD zoning standards, the minimum allowable floor-area-ratio limit shall be calculated for each station type by multiplying the number in the column titled residential target height by 0.6.(5) The TOD zoning standards shall reflect the diversity of the different communities served by the districts stations.(6) The board shall not establish floor-area-ratio limits in the TOD zoning standards less than the values described in clause (ii) of subparagraph (B) of paragraph (4).(b) The approval adoption of, and amendments to, the TOD zoning standards shall comply with all of the following:(1) The board district shall hold a public hearing to receive public comment on the proposed TOD zoning standards or proposed changes to the TOD zoning standards. The district shall conduct direct outreach to communities of concern.(2) Not less than 30 days before a public hearing of the board to consider the TOD zoning standards, the district shall provide public notice and make the draft guidelines standards available to the public.(3) The board shall approve adopt or reject any proposed TOD zoning standards at a publicly noticed meeting of the board not less than 30 days following the original public hearing.(c) Before or at the same time as approving adopting the TOD zoning standards, the board shall approve travel demand management requirements for TOD projects on district-owned real property. property, which shall be consistent with district station access and district TOD policy goals.(d) (1) (A) Where local zoning is inconsistent with the TOD zoning standards, the local jurisdiction shall adopt an a local zoning ordinance that approves the application of conforms to the TOD zoning standards and is operative within two years of the date that the TOD zoning standards were approved adopted by the board.(2)(B) The local zoning ordinance shall conform to the TOD zoning standards without the application of any bonuses or waivers allowable under any state or local density bonus provisions.(e)(2) The board district shall make a finding as to whether the local zoning ordinance is consistent with conforms to the TOD zoning standards. Local zoning shall remain in place unless the board district determines that it is inconsistent with does not conform to the TOD zoning standards. If, according to the boards districts finding, the local zoning ordinance remains inconsistent with does not conform to the TOD zoning standards after the two-year period specified in subparagraph (A) of paragraph (1) of subdivision (d), (1), the TOD zoning standards shall become the local zoning standards for any BART-owned district-owned land within one-half mile of any existing or planned BART district station entrance in areas represented on the board. A jurisdiction may update zoning to comply with TOD zoning standards until such time that a BART TOD developer the district enters into the development process. an exclusive negotiating agreement with a developer for an eligible TOD project.(3) If a local jurisdiction is in the process of adopting zoning consistent with the TOD zoning standards, including if the local jurisdiction is in the midst of a CEQA review of proposed zoning, or engaged in a lawsuit related to zoning adoption, but has not completed the adoption of those zoning standards by the time the district enters into an exclusive negotiating agreement with a developer for the development of an eligible TOD project, and if it is clear what the preferred zoning standards are, the district shall, to the extent it has the authority, follow the spirit of the local jurisdictions proposed zoning standards in negotiating the districts development agreement with any potential eligible TOD project developer.(4) By majority vote, the board may, for any specific station, exempt any local jurisdiction from the application of the TOD zoning standards at any time up to the boards approval of TOD zoning standards in cases where the local zoning for that local jurisdiction was approved as of July 1, 2018, and is within 10 percent of the height and floor-area-ratio standards established in Table 1 and Figure 1 of the BART TOD Guidelines (2017). In this case, the parking requirements shall be set as the parking minimum and maximum established in Table 1 and Figure 1 of the BART TOD Guidelines (2017).(5) If district ridership is below 200,000 daily weekday riders on average for at least three consecutive calendar years, and that level of ridership is not related to a natural disaster, the requirements of this subdivision shall be inoperative, until district ridership rises above 200,000 daily weekday riders on average for a single calendar year.(f)(e) (1) The boards approval districts approval of TOD zoning standards and local zoning standards shall be subject to the California Environmental Quality Act (CEQA review) (Division 13 (commencing with Section 21000) of the Public Resources Code). The board district shall serve as the lead agency for CEQA review. review for the TOD zoning standards.(2) Any subsequent CEQA review of rezoning to conform with TOD zoning standards, and of eligible TOD projects proposed on BART-owned district-owned land, shall incorporate the environmental impact report review document certified for the TOD zoning standards consistent with Section 21094 of the Public Resources Code. A public agency need shall not prepare an environmental impact report or mitigated negative declaration for a project involving rezoning to implement TOD zoning standards subsequent to BARTs certification of an environmental impact report review document for approval of TOD zoning standards unless the public agency finds, based on substantial evidence, that the rezoning creates a significant effect on the environment that was not analyzed and mitigated analyzed, mitigated, or avoided in the prior environmental impact report. review document.(g)(1)A TOD development proponent may submit an application for a development that is subject to the streamlined, ministerial approval process not subject to a conditional use permit if the development satisfies the objective planning standards specified in subdivision (a) of Section 65913.4 of the Government Code that are consistent with the BART TOD zoning standards.(2)This subdivision shall not apply to a development located in a jurisdiction where the market rate and affordable housing obligations in the regional housing needs assessment have been met.(h)(1)The board shall ensure any otherwise applicable local design guidelines are included in a development agreement with a TOD developer.(2)A TOD developer shall adhere to any applicable local design guidelines insofar as those guidelines do not prohibit the minimum density allowances required by the TOD zoning standards.(f) In the event that the TOD zoning standards, objective planning standards, general plan, or design review standards are mutually inconsistent, the TOD zoning standards shall be the controlling standards. To the extent that the zoning standards do not resolve inconsistencies, the general plan shall be the controlling standard.(g) The district shall establish, and amend as necessary, a parking replacement policy, consistent with the districts station access policy, with specific provisions to ensure that, after the construction of the eligible TOD project, auto-oriented stations are still accessible by private automobile. The policy shall specifically consider the parking replacement needs for auto-oriented end-of-the-line stations.(h) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 3. Section 29010.6 is added to the Public Utilities Code, to read:
### SEC. 3.
29010.6. (a) (1) Notwithstanding any other law, the San Francisco Bay Area Rapid Transit District (BART) board of directors shall shall, consistent with Section 28793, adopt by ordinance transit-oriented development (TOD) zoning standards by a majority vote at a duly noticed public meeting that establish minimum local zoning requirements for BART-owned land that is located on contiguous parcels larger than 0.25 acres, within one-half mile of an existing or planned BART station entrance, in areas having representation on the BART board of directors. height, density, parking, and floor area ratio only, that apply to an eligible TOD project.(1)(2) Zoning standards published in the current Table 1 and Figure 1 of BART TOD Guidelines (2017) shall serve as the baseline for BART TOD zoning. zoning standards. Approved TOD zoning standards shall establish the lowest permissible height limits, lowest permissible density limits, minimum allowable floor area ratio, and the highest permissible parking minimums and maximums, as established by Table 1 and Figure 1 of BART TOD Guidelines (2017). except that the minimum allowable floor-area-ratio limit for the TOD zoning standards shall be calculated as described in clause (ii) of subparagraph (B) of paragraph (4).(2)(3) In approving adopting the TOD zoning standards, the board district shall establish and include the lowest permissible floor-area-ratio limits for each TOD place type.(3)TOD(4) (A) TOD zoning standards shall be approved by the board adopted by April 1, 2019, July 1, 2020, and may be amended by the board thereafter pursuant to this section. If(B) (i) If the board board, for any reason, fails to approve adopt new guidelines standards by April 1, 2019, the existing July 1, 2020, Table 1 of BART TOD Guidelines (2017) shall serve as the minimum local zoning requirements for local jurisdictions, TOD zoning standards, with the Transit Oriented Place Types indicated identified in Figure 1 of the BART TOD Guidelines (2017). (2017), until that time when the board adopts new TOD zoning standards.(ii) In the case that Table 1 of the BART TOD Guidelines (2017) serves as the TOD zoning standards, the minimum allowable floor-area-ratio limit shall be calculated for each station type by multiplying the number in the column titled residential target height by 0.6.(5) The TOD zoning standards shall reflect the diversity of the different communities served by the districts stations.(6) The board shall not establish floor-area-ratio limits in the TOD zoning standards less than the values described in clause (ii) of subparagraph (B) of paragraph (4).(b) The approval adoption of, and amendments to, the TOD zoning standards shall comply with all of the following:(1) The board district shall hold a public hearing to receive public comment on the proposed TOD zoning standards or proposed changes to the TOD zoning standards. The district shall conduct direct outreach to communities of concern.(2) Not less than 30 days before a public hearing of the board to consider the TOD zoning standards, the district shall provide public notice and make the draft guidelines standards available to the public.(3) The board shall approve adopt or reject any proposed TOD zoning standards at a publicly noticed meeting of the board not less than 30 days following the original public hearing.(c) Before or at the same time as approving adopting the TOD zoning standards, the board shall approve travel demand management requirements for TOD projects on district-owned real property. property, which shall be consistent with district station access and district TOD policy goals.(d) (1) (A) Where local zoning is inconsistent with the TOD zoning standards, the local jurisdiction shall adopt an a local zoning ordinance that approves the application of conforms to the TOD zoning standards and is operative within two years of the date that the TOD zoning standards were approved adopted by the board.(2)(B) The local zoning ordinance shall conform to the TOD zoning standards without the application of any bonuses or waivers allowable under any state or local density bonus provisions.(e)(2) The board district shall make a finding as to whether the local zoning ordinance is consistent with conforms to the TOD zoning standards. Local zoning shall remain in place unless the board district determines that it is inconsistent with does not conform to the TOD zoning standards. If, according to the boards districts finding, the local zoning ordinance remains inconsistent with does not conform to the TOD zoning standards after the two-year period specified in subparagraph (A) of paragraph (1) of subdivision (d), (1), the TOD zoning standards shall become the local zoning standards for any BART-owned district-owned land within one-half mile of any existing or planned BART district station entrance in areas represented on the board. A jurisdiction may update zoning to comply with TOD zoning standards until such time that a BART TOD developer the district enters into the development process. an exclusive negotiating agreement with a developer for an eligible TOD project.(3) If a local jurisdiction is in the process of adopting zoning consistent with the TOD zoning standards, including if the local jurisdiction is in the midst of a CEQA review of proposed zoning, or engaged in a lawsuit related to zoning adoption, but has not completed the adoption of those zoning standards by the time the district enters into an exclusive negotiating agreement with a developer for the development of an eligible TOD project, and if it is clear what the preferred zoning standards are, the district shall, to the extent it has the authority, follow the spirit of the local jurisdictions proposed zoning standards in negotiating the districts development agreement with any potential eligible TOD project developer.(4) By majority vote, the board may, for any specific station, exempt any local jurisdiction from the application of the TOD zoning standards at any time up to the boards approval of TOD zoning standards in cases where the local zoning for that local jurisdiction was approved as of July 1, 2018, and is within 10 percent of the height and floor-area-ratio standards established in Table 1 and Figure 1 of the BART TOD Guidelines (2017). In this case, the parking requirements shall be set as the parking minimum and maximum established in Table 1 and Figure 1 of the BART TOD Guidelines (2017).(5) If district ridership is below 200,000 daily weekday riders on average for at least three consecutive calendar years, and that level of ridership is not related to a natural disaster, the requirements of this subdivision shall be inoperative, until district ridership rises above 200,000 daily weekday riders on average for a single calendar year.(f)(e) (1) The boards approval districts approval of TOD zoning standards and local zoning standards shall be subject to the California Environmental Quality Act (CEQA review) (Division 13 (commencing with Section 21000) of the Public Resources Code). The board district shall serve as the lead agency for CEQA review. review for the TOD zoning standards.(2) Any subsequent CEQA review of rezoning to conform with TOD zoning standards, and of eligible TOD projects proposed on BART-owned district-owned land, shall incorporate the environmental impact report review document certified for the TOD zoning standards consistent with Section 21094 of the Public Resources Code. A public agency need shall not prepare an environmental impact report or mitigated negative declaration for a project involving rezoning to implement TOD zoning standards subsequent to BARTs certification of an environmental impact report review document for approval of TOD zoning standards unless the public agency finds, based on substantial evidence, that the rezoning creates a significant effect on the environment that was not analyzed and mitigated analyzed, mitigated, or avoided in the prior environmental impact report. review document.(g)(1)A TOD development proponent may submit an application for a development that is subject to the streamlined, ministerial approval process not subject to a conditional use permit if the development satisfies the objective planning standards specified in subdivision (a) of Section 65913.4 of the Government Code that are consistent with the BART TOD zoning standards.(2)This subdivision shall not apply to a development located in a jurisdiction where the market rate and affordable housing obligations in the regional housing needs assessment have been met.(h)(1)The board shall ensure any otherwise applicable local design guidelines are included in a development agreement with a TOD developer.(2)A TOD developer shall adhere to any applicable local design guidelines insofar as those guidelines do not prohibit the minimum density allowances required by the TOD zoning standards.(f) In the event that the TOD zoning standards, objective planning standards, general plan, or design review standards are mutually inconsistent, the TOD zoning standards shall be the controlling standards. To the extent that the zoning standards do not resolve inconsistencies, the general plan shall be the controlling standard.(g) The district shall establish, and amend as necessary, a parking replacement policy, consistent with the districts station access policy, with specific provisions to ensure that, after the construction of the eligible TOD project, auto-oriented stations are still accessible by private automobile. The policy shall specifically consider the parking replacement needs for auto-oriented end-of-the-line stations.(h) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
29010.6. (a) (1) Notwithstanding any other law, the San Francisco Bay Area Rapid Transit District (BART) board of directors shall shall, consistent with Section 28793, adopt by ordinance transit-oriented development (TOD) zoning standards by a majority vote at a duly noticed public meeting that establish minimum local zoning requirements for BART-owned land that is located on contiguous parcels larger than 0.25 acres, within one-half mile of an existing or planned BART station entrance, in areas having representation on the BART board of directors. height, density, parking, and floor area ratio only, that apply to an eligible TOD project.(1)(2) Zoning standards published in the current Table 1 and Figure 1 of BART TOD Guidelines (2017) shall serve as the baseline for BART TOD zoning. zoning standards. Approved TOD zoning standards shall establish the lowest permissible height limits, lowest permissible density limits, minimum allowable floor area ratio, and the highest permissible parking minimums and maximums, as established by Table 1 and Figure 1 of BART TOD Guidelines (2017). except that the minimum allowable floor-area-ratio limit for the TOD zoning standards shall be calculated as described in clause (ii) of subparagraph (B) of paragraph (4).(2)(3) In approving adopting the TOD zoning standards, the board district shall establish and include the lowest permissible floor-area-ratio limits for each TOD place type.(3)TOD(4) (A) TOD zoning standards shall be approved by the board adopted by April 1, 2019, July 1, 2020, and may be amended by the board thereafter pursuant to this section. If(B) (i) If the board board, for any reason, fails to approve adopt new guidelines standards by April 1, 2019, the existing July 1, 2020, Table 1 of BART TOD Guidelines (2017) shall serve as the minimum local zoning requirements for local jurisdictions, TOD zoning standards, with the Transit Oriented Place Types indicated identified in Figure 1 of the BART TOD Guidelines (2017). (2017), until that time when the board adopts new TOD zoning standards.(ii) In the case that Table 1 of the BART TOD Guidelines (2017) serves as the TOD zoning standards, the minimum allowable floor-area-ratio limit shall be calculated for each station type by multiplying the number in the column titled residential target height by 0.6.(5) The TOD zoning standards shall reflect the diversity of the different communities served by the districts stations.(6) The board shall not establish floor-area-ratio limits in the TOD zoning standards less than the values described in clause (ii) of subparagraph (B) of paragraph (4).(b) The approval adoption of, and amendments to, the TOD zoning standards shall comply with all of the following:(1) The board district shall hold a public hearing to receive public comment on the proposed TOD zoning standards or proposed changes to the TOD zoning standards. The district shall conduct direct outreach to communities of concern.(2) Not less than 30 days before a public hearing of the board to consider the TOD zoning standards, the district shall provide public notice and make the draft guidelines standards available to the public.(3) The board shall approve adopt or reject any proposed TOD zoning standards at a publicly noticed meeting of the board not less than 30 days following the original public hearing.(c) Before or at the same time as approving adopting the TOD zoning standards, the board shall approve travel demand management requirements for TOD projects on district-owned real property. property, which shall be consistent with district station access and district TOD policy goals.(d) (1) (A) Where local zoning is inconsistent with the TOD zoning standards, the local jurisdiction shall adopt an a local zoning ordinance that approves the application of conforms to the TOD zoning standards and is operative within two years of the date that the TOD zoning standards were approved adopted by the board.(2)(B) The local zoning ordinance shall conform to the TOD zoning standards without the application of any bonuses or waivers allowable under any state or local density bonus provisions.(e)(2) The board district shall make a finding as to whether the local zoning ordinance is consistent with conforms to the TOD zoning standards. Local zoning shall remain in place unless the board district determines that it is inconsistent with does not conform to the TOD zoning standards. If, according to the boards districts finding, the local zoning ordinance remains inconsistent with does not conform to the TOD zoning standards after the two-year period specified in subparagraph (A) of paragraph (1) of subdivision (d), (1), the TOD zoning standards shall become the local zoning standards for any BART-owned district-owned land within one-half mile of any existing or planned BART district station entrance in areas represented on the board. A jurisdiction may update zoning to comply with TOD zoning standards until such time that a BART TOD developer the district enters into the development process. an exclusive negotiating agreement with a developer for an eligible TOD project.(3) If a local jurisdiction is in the process of adopting zoning consistent with the TOD zoning standards, including if the local jurisdiction is in the midst of a CEQA review of proposed zoning, or engaged in a lawsuit related to zoning adoption, but has not completed the adoption of those zoning standards by the time the district enters into an exclusive negotiating agreement with a developer for the development of an eligible TOD project, and if it is clear what the preferred zoning standards are, the district shall, to the extent it has the authority, follow the spirit of the local jurisdictions proposed zoning standards in negotiating the districts development agreement with any potential eligible TOD project developer.(4) By majority vote, the board may, for any specific station, exempt any local jurisdiction from the application of the TOD zoning standards at any time up to the boards approval of TOD zoning standards in cases where the local zoning for that local jurisdiction was approved as of July 1, 2018, and is within 10 percent of the height and floor-area-ratio standards established in Table 1 and Figure 1 of the BART TOD Guidelines (2017). In this case, the parking requirements shall be set as the parking minimum and maximum established in Table 1 and Figure 1 of the BART TOD Guidelines (2017).(5) If district ridership is below 200,000 daily weekday riders on average for at least three consecutive calendar years, and that level of ridership is not related to a natural disaster, the requirements of this subdivision shall be inoperative, until district ridership rises above 200,000 daily weekday riders on average for a single calendar year.(f)(e) (1) The boards approval districts approval of TOD zoning standards and local zoning standards shall be subject to the California Environmental Quality Act (CEQA review) (Division 13 (commencing with Section 21000) of the Public Resources Code). The board district shall serve as the lead agency for CEQA review. review for the TOD zoning standards.(2) Any subsequent CEQA review of rezoning to conform with TOD zoning standards, and of eligible TOD projects proposed on BART-owned district-owned land, shall incorporate the environmental impact report review document certified for the TOD zoning standards consistent with Section 21094 of the Public Resources Code. A public agency need shall not prepare an environmental impact report or mitigated negative declaration for a project involving rezoning to implement TOD zoning standards subsequent to BARTs certification of an environmental impact report review document for approval of TOD zoning standards unless the public agency finds, based on substantial evidence, that the rezoning creates a significant effect on the environment that was not analyzed and mitigated analyzed, mitigated, or avoided in the prior environmental impact report. review document.(g)(1)A TOD development proponent may submit an application for a development that is subject to the streamlined, ministerial approval process not subject to a conditional use permit if the development satisfies the objective planning standards specified in subdivision (a) of Section 65913.4 of the Government Code that are consistent with the BART TOD zoning standards.(2)This subdivision shall not apply to a development located in a jurisdiction where the market rate and affordable housing obligations in the regional housing needs assessment have been met.(h)(1)The board shall ensure any otherwise applicable local design guidelines are included in a development agreement with a TOD developer.(2)A TOD developer shall adhere to any applicable local design guidelines insofar as those guidelines do not prohibit the minimum density allowances required by the TOD zoning standards.(f) In the event that the TOD zoning standards, objective planning standards, general plan, or design review standards are mutually inconsistent, the TOD zoning standards shall be the controlling standards. To the extent that the zoning standards do not resolve inconsistencies, the general plan shall be the controlling standard.(g) The district shall establish, and amend as necessary, a parking replacement policy, consistent with the districts station access policy, with specific provisions to ensure that, after the construction of the eligible TOD project, auto-oriented stations are still accessible by private automobile. The policy shall specifically consider the parking replacement needs for auto-oriented end-of-the-line stations.(h) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
29010.6. (a) (1) Notwithstanding any other law, the San Francisco Bay Area Rapid Transit District (BART) board of directors shall shall, consistent with Section 28793, adopt by ordinance transit-oriented development (TOD) zoning standards by a majority vote at a duly noticed public meeting that establish minimum local zoning requirements for BART-owned land that is located on contiguous parcels larger than 0.25 acres, within one-half mile of an existing or planned BART station entrance, in areas having representation on the BART board of directors. height, density, parking, and floor area ratio only, that apply to an eligible TOD project.(1)(2) Zoning standards published in the current Table 1 and Figure 1 of BART TOD Guidelines (2017) shall serve as the baseline for BART TOD zoning. zoning standards. Approved TOD zoning standards shall establish the lowest permissible height limits, lowest permissible density limits, minimum allowable floor area ratio, and the highest permissible parking minimums and maximums, as established by Table 1 and Figure 1 of BART TOD Guidelines (2017). except that the minimum allowable floor-area-ratio limit for the TOD zoning standards shall be calculated as described in clause (ii) of subparagraph (B) of paragraph (4).(2)(3) In approving adopting the TOD zoning standards, the board district shall establish and include the lowest permissible floor-area-ratio limits for each TOD place type.(3)TOD(4) (A) TOD zoning standards shall be approved by the board adopted by April 1, 2019, July 1, 2020, and may be amended by the board thereafter pursuant to this section. If(B) (i) If the board board, for any reason, fails to approve adopt new guidelines standards by April 1, 2019, the existing July 1, 2020, Table 1 of BART TOD Guidelines (2017) shall serve as the minimum local zoning requirements for local jurisdictions, TOD zoning standards, with the Transit Oriented Place Types indicated identified in Figure 1 of the BART TOD Guidelines (2017). (2017), until that time when the board adopts new TOD zoning standards.(ii) In the case that Table 1 of the BART TOD Guidelines (2017) serves as the TOD zoning standards, the minimum allowable floor-area-ratio limit shall be calculated for each station type by multiplying the number in the column titled residential target height by 0.6.(5) The TOD zoning standards shall reflect the diversity of the different communities served by the districts stations.(6) The board shall not establish floor-area-ratio limits in the TOD zoning standards less than the values described in clause (ii) of subparagraph (B) of paragraph (4).(b) The approval adoption of, and amendments to, the TOD zoning standards shall comply with all of the following:(1) The board district shall hold a public hearing to receive public comment on the proposed TOD zoning standards or proposed changes to the TOD zoning standards. The district shall conduct direct outreach to communities of concern.(2) Not less than 30 days before a public hearing of the board to consider the TOD zoning standards, the district shall provide public notice and make the draft guidelines standards available to the public.(3) The board shall approve adopt or reject any proposed TOD zoning standards at a publicly noticed meeting of the board not less than 30 days following the original public hearing.(c) Before or at the same time as approving adopting the TOD zoning standards, the board shall approve travel demand management requirements for TOD projects on district-owned real property. property, which shall be consistent with district station access and district TOD policy goals.(d) (1) (A) Where local zoning is inconsistent with the TOD zoning standards, the local jurisdiction shall adopt an a local zoning ordinance that approves the application of conforms to the TOD zoning standards and is operative within two years of the date that the TOD zoning standards were approved adopted by the board.(2)(B) The local zoning ordinance shall conform to the TOD zoning standards without the application of any bonuses or waivers allowable under any state or local density bonus provisions.(e)(2) The board district shall make a finding as to whether the local zoning ordinance is consistent with conforms to the TOD zoning standards. Local zoning shall remain in place unless the board district determines that it is inconsistent with does not conform to the TOD zoning standards. If, according to the boards districts finding, the local zoning ordinance remains inconsistent with does not conform to the TOD zoning standards after the two-year period specified in subparagraph (A) of paragraph (1) of subdivision (d), (1), the TOD zoning standards shall become the local zoning standards for any BART-owned district-owned land within one-half mile of any existing or planned BART district station entrance in areas represented on the board. A jurisdiction may update zoning to comply with TOD zoning standards until such time that a BART TOD developer the district enters into the development process. an exclusive negotiating agreement with a developer for an eligible TOD project.(3) If a local jurisdiction is in the process of adopting zoning consistent with the TOD zoning standards, including if the local jurisdiction is in the midst of a CEQA review of proposed zoning, or engaged in a lawsuit related to zoning adoption, but has not completed the adoption of those zoning standards by the time the district enters into an exclusive negotiating agreement with a developer for the development of an eligible TOD project, and if it is clear what the preferred zoning standards are, the district shall, to the extent it has the authority, follow the spirit of the local jurisdictions proposed zoning standards in negotiating the districts development agreement with any potential eligible TOD project developer.(4) By majority vote, the board may, for any specific station, exempt any local jurisdiction from the application of the TOD zoning standards at any time up to the boards approval of TOD zoning standards in cases where the local zoning for that local jurisdiction was approved as of July 1, 2018, and is within 10 percent of the height and floor-area-ratio standards established in Table 1 and Figure 1 of the BART TOD Guidelines (2017). In this case, the parking requirements shall be set as the parking minimum and maximum established in Table 1 and Figure 1 of the BART TOD Guidelines (2017).(5) If district ridership is below 200,000 daily weekday riders on average for at least three consecutive calendar years, and that level of ridership is not related to a natural disaster, the requirements of this subdivision shall be inoperative, until district ridership rises above 200,000 daily weekday riders on average for a single calendar year.(f)(e) (1) The boards approval districts approval of TOD zoning standards and local zoning standards shall be subject to the California Environmental Quality Act (CEQA review) (Division 13 (commencing with Section 21000) of the Public Resources Code). The board district shall serve as the lead agency for CEQA review. review for the TOD zoning standards.(2) Any subsequent CEQA review of rezoning to conform with TOD zoning standards, and of eligible TOD projects proposed on BART-owned district-owned land, shall incorporate the environmental impact report review document certified for the TOD zoning standards consistent with Section 21094 of the Public Resources Code. A public agency need shall not prepare an environmental impact report or mitigated negative declaration for a project involving rezoning to implement TOD zoning standards subsequent to BARTs certification of an environmental impact report review document for approval of TOD zoning standards unless the public agency finds, based on substantial evidence, that the rezoning creates a significant effect on the environment that was not analyzed and mitigated analyzed, mitigated, or avoided in the prior environmental impact report. review document.(g)(1)A TOD development proponent may submit an application for a development that is subject to the streamlined, ministerial approval process not subject to a conditional use permit if the development satisfies the objective planning standards specified in subdivision (a) of Section 65913.4 of the Government Code that are consistent with the BART TOD zoning standards.(2)This subdivision shall not apply to a development located in a jurisdiction where the market rate and affordable housing obligations in the regional housing needs assessment have been met.(h)(1)The board shall ensure any otherwise applicable local design guidelines are included in a development agreement with a TOD developer.(2)A TOD developer shall adhere to any applicable local design guidelines insofar as those guidelines do not prohibit the minimum density allowances required by the TOD zoning standards.(f) In the event that the TOD zoning standards, objective planning standards, general plan, or design review standards are mutually inconsistent, the TOD zoning standards shall be the controlling standards. To the extent that the zoning standards do not resolve inconsistencies, the general plan shall be the controlling standard.(g) The district shall establish, and amend as necessary, a parking replacement policy, consistent with the districts station access policy, with specific provisions to ensure that, after the construction of the eligible TOD project, auto-oriented stations are still accessible by private automobile. The policy shall specifically consider the parking replacement needs for auto-oriented end-of-the-line stations.(h) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
29010.6. (a) (1) Notwithstanding any other law, the San Francisco Bay Area Rapid Transit District (BART) board of directors shall shall, consistent with Section 28793, adopt by ordinance transit-oriented development (TOD) zoning standards by a majority vote at a duly noticed public meeting that establish minimum local zoning requirements for BART-owned land that is located on contiguous parcels larger than 0.25 acres, within one-half mile of an existing or planned BART station entrance, in areas having representation on the BART board of directors. height, density, parking, and floor area ratio only, that apply to an eligible TOD project.
(1)
(2) Zoning standards published in the current Table 1 and Figure 1 of BART TOD Guidelines (2017) shall serve as the baseline for BART TOD zoning. zoning standards. Approved TOD zoning standards shall establish the lowest permissible height limits, lowest permissible density limits, minimum allowable floor area ratio, and the highest permissible parking minimums and maximums, as established by Table 1 and Figure 1 of BART TOD Guidelines (2017). except that the minimum allowable floor-area-ratio limit for the TOD zoning standards shall be calculated as described in clause (ii) of subparagraph (B) of paragraph (4).
(2)
(3) In approving adopting the TOD zoning standards, the board district shall establish and include the lowest permissible floor-area-ratio limits for each TOD place type.
(3)TOD
(4) (A) TOD zoning standards shall be approved by the board adopted by April 1, 2019, July 1, 2020, and may be amended by the board thereafter pursuant to this section. If
(B) (i) If the board board, for any reason, fails to approve adopt new guidelines standards by April 1, 2019, the existing July 1, 2020, Table 1 of BART TOD Guidelines (2017) shall serve as the minimum local zoning requirements for local jurisdictions, TOD zoning standards, with the Transit Oriented Place Types indicated identified in Figure 1 of the BART TOD Guidelines (2017). (2017), until that time when the board adopts new TOD zoning standards.
(ii) In the case that Table 1 of the BART TOD Guidelines (2017) serves as the TOD zoning standards, the minimum allowable floor-area-ratio limit shall be calculated for each station type by multiplying the number in the column titled residential target height by 0.6.
(5) The TOD zoning standards shall reflect the diversity of the different communities served by the districts stations.
(6) The board shall not establish floor-area-ratio limits in the TOD zoning standards less than the values described in clause (ii) of subparagraph (B) of paragraph (4).
(b) The approval adoption of, and amendments to, the TOD zoning standards shall comply with all of the following:
(1) The board district shall hold a public hearing to receive public comment on the proposed TOD zoning standards or proposed changes to the TOD zoning standards. The district shall conduct direct outreach to communities of concern.
(2) Not less than 30 days before a public hearing of the board to consider the TOD zoning standards, the district shall provide public notice and make the draft guidelines standards available to the public.
(3) The board shall approve adopt or reject any proposed TOD zoning standards at a publicly noticed meeting of the board not less than 30 days following the original public hearing.
(c) Before or at the same time as approving adopting the TOD zoning standards, the board shall approve travel demand management requirements for TOD projects on district-owned real property. property, which shall be consistent with district station access and district TOD policy goals.
(d) (1) (A) Where local zoning is inconsistent with the TOD zoning standards, the local jurisdiction shall adopt an a local zoning ordinance that approves the application of conforms to the TOD zoning standards and is operative within two years of the date that the TOD zoning standards were approved adopted by the board.
(2)
(B) The local zoning ordinance shall conform to the TOD zoning standards without the application of any bonuses or waivers allowable under any state or local density bonus provisions.
(e)
(2) The board district shall make a finding as to whether the local zoning ordinance is consistent with conforms to the TOD zoning standards. Local zoning shall remain in place unless the board district determines that it is inconsistent with does not conform to the TOD zoning standards. If, according to the boards districts finding, the local zoning ordinance remains inconsistent with does not conform to the TOD zoning standards after the two-year period specified in subparagraph (A) of paragraph (1) of subdivision (d), (1), the TOD zoning standards shall become the local zoning standards for any BART-owned district-owned land within one-half mile of any existing or planned BART district station entrance in areas represented on the board. A jurisdiction may update zoning to comply with TOD zoning standards until such time that a BART TOD developer the district enters into the development process. an exclusive negotiating agreement with a developer for an eligible TOD project.
(3) If a local jurisdiction is in the process of adopting zoning consistent with the TOD zoning standards, including if the local jurisdiction is in the midst of a CEQA review of proposed zoning, or engaged in a lawsuit related to zoning adoption, but has not completed the adoption of those zoning standards by the time the district enters into an exclusive negotiating agreement with a developer for the development of an eligible TOD project, and if it is clear what the preferred zoning standards are, the district shall, to the extent it has the authority, follow the spirit of the local jurisdictions proposed zoning standards in negotiating the districts development agreement with any potential eligible TOD project developer.
(4) By majority vote, the board may, for any specific station, exempt any local jurisdiction from the application of the TOD zoning standards at any time up to the boards approval of TOD zoning standards in cases where the local zoning for that local jurisdiction was approved as of July 1, 2018, and is within 10 percent of the height and floor-area-ratio standards established in Table 1 and Figure 1 of the BART TOD Guidelines (2017). In this case, the parking requirements shall be set as the parking minimum and maximum established in Table 1 and Figure 1 of the BART TOD Guidelines (2017).
(5) If district ridership is below 200,000 daily weekday riders on average for at least three consecutive calendar years, and that level of ridership is not related to a natural disaster, the requirements of this subdivision shall be inoperative, until district ridership rises above 200,000 daily weekday riders on average for a single calendar year.
(f)
(e) (1) The boards approval districts approval of TOD zoning standards and local zoning standards shall be subject to the California Environmental Quality Act (CEQA review) (Division 13 (commencing with Section 21000) of the Public Resources Code). The board district shall serve as the lead agency for CEQA review. review for the TOD zoning standards.
(2) Any subsequent CEQA review of rezoning to conform with TOD zoning standards, and of eligible TOD projects proposed on BART-owned district-owned land, shall incorporate the environmental impact report review document certified for the TOD zoning standards consistent with Section 21094 of the Public Resources Code. A public agency need shall not prepare an environmental impact report or mitigated negative declaration for a project involving rezoning to implement TOD zoning standards subsequent to BARTs certification of an environmental impact report review document for approval of TOD zoning standards unless the public agency finds, based on substantial evidence, that the rezoning creates a significant effect on the environment that was not analyzed and mitigated analyzed, mitigated, or avoided in the prior environmental impact report. review document.
(g)(1)A TOD development proponent may submit an application for a development that is subject to the streamlined, ministerial approval process not subject to a conditional use permit if the development satisfies the objective planning standards specified in subdivision (a) of Section 65913.4 of the Government Code that are consistent with the BART TOD zoning standards.
(2)This subdivision shall not apply to a development located in a jurisdiction where the market rate and affordable housing obligations in the regional housing needs assessment have been met.
(h)(1)The board shall ensure any otherwise applicable local design guidelines are included in a development agreement with a TOD developer.
(2)A TOD developer shall adhere to any applicable local design guidelines insofar as those guidelines do not prohibit the minimum density allowances required by the TOD zoning standards.
(f) In the event that the TOD zoning standards, objective planning standards, general plan, or design review standards are mutually inconsistent, the TOD zoning standards shall be the controlling standards. To the extent that the zoning standards do not resolve inconsistencies, the general plan shall be the controlling standard.
(g) The district shall establish, and amend as necessary, a parking replacement policy, consistent with the districts station access policy, with specific provisions to ensure that, after the construction of the eligible TOD project, auto-oriented stations are still accessible by private automobile. The policy shall specifically consider the parking replacement needs for auto-oriented end-of-the-line stations.
(h) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 4. Section 29010.7 is added to the Public Utilities Code, to read:29010.7. (a) (1) This section shall only apply to an eligible TOD project that meets both of the following requirements:(A) Is less than one story above highest local zoning restriction for mixed use or residential use within a half-mile of a district station as of July 1, 2018.(B) Has a floor area ratio of 2.5 or less.(2) If local zoning standards are more permissive than these requirements, this section shall apply to any project that meets the requirements of the local zoning standards.(3) This section shall not apply to a project where the local jurisdiction finds that the project will cause a specific adverse impact to public health and safety as described in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code.(b) (1) A developer in an exclusive negotiating agreement with the district may submit an application for a development that is subject to the streamlined, ministerial approval process not subject to a conditional use permit as specified in Section 65913.4 of the Government Code.(2) An eligible TOD project that meets the requirements in subdivision (a) shall not be required to comply with the objective planning standards in subdivision (a) of Section 65913.4 of the Government Code to be eligible for streamlining, except as otherwise provided in this article.(c) (1) The district shall ensure any otherwise applicable local design guidelines are included in a development agreement as general guidance to the TOD developer.(2) A TOD developer shall adhere to any applicable local design guidelines insofar as those guidelines do not prohibit the minimum height, minimum density, and maximum parking allowances required by the TOD zoning standards.(d) Local jurisdictions may not do any of the following:(1) Require that parking, as part of an eligible TOD project, be associated with any specific use, residential unit, business, or portion of the TOD project.(2) Prohibit parking from being sold, rented, or otherwise assigned separately from other parts of the eligible TOD project.(e) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 4. Section 29010.7 is added to the Public Utilities Code, to read:
### SEC. 4.
29010.7. (a) (1) This section shall only apply to an eligible TOD project that meets both of the following requirements:(A) Is less than one story above highest local zoning restriction for mixed use or residential use within a half-mile of a district station as of July 1, 2018.(B) Has a floor area ratio of 2.5 or less.(2) If local zoning standards are more permissive than these requirements, this section shall apply to any project that meets the requirements of the local zoning standards.(3) This section shall not apply to a project where the local jurisdiction finds that the project will cause a specific adverse impact to public health and safety as described in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code.(b) (1) A developer in an exclusive negotiating agreement with the district may submit an application for a development that is subject to the streamlined, ministerial approval process not subject to a conditional use permit as specified in Section 65913.4 of the Government Code.(2) An eligible TOD project that meets the requirements in subdivision (a) shall not be required to comply with the objective planning standards in subdivision (a) of Section 65913.4 of the Government Code to be eligible for streamlining, except as otherwise provided in this article.(c) (1) The district shall ensure any otherwise applicable local design guidelines are included in a development agreement as general guidance to the TOD developer.(2) A TOD developer shall adhere to any applicable local design guidelines insofar as those guidelines do not prohibit the minimum height, minimum density, and maximum parking allowances required by the TOD zoning standards.(d) Local jurisdictions may not do any of the following:(1) Require that parking, as part of an eligible TOD project, be associated with any specific use, residential unit, business, or portion of the TOD project.(2) Prohibit parking from being sold, rented, or otherwise assigned separately from other parts of the eligible TOD project.(e) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
29010.7. (a) (1) This section shall only apply to an eligible TOD project that meets both of the following requirements:(A) Is less than one story above highest local zoning restriction for mixed use or residential use within a half-mile of a district station as of July 1, 2018.(B) Has a floor area ratio of 2.5 or less.(2) If local zoning standards are more permissive than these requirements, this section shall apply to any project that meets the requirements of the local zoning standards.(3) This section shall not apply to a project where the local jurisdiction finds that the project will cause a specific adverse impact to public health and safety as described in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code.(b) (1) A developer in an exclusive negotiating agreement with the district may submit an application for a development that is subject to the streamlined, ministerial approval process not subject to a conditional use permit as specified in Section 65913.4 of the Government Code.(2) An eligible TOD project that meets the requirements in subdivision (a) shall not be required to comply with the objective planning standards in subdivision (a) of Section 65913.4 of the Government Code to be eligible for streamlining, except as otherwise provided in this article.(c) (1) The district shall ensure any otherwise applicable local design guidelines are included in a development agreement as general guidance to the TOD developer.(2) A TOD developer shall adhere to any applicable local design guidelines insofar as those guidelines do not prohibit the minimum height, minimum density, and maximum parking allowances required by the TOD zoning standards.(d) Local jurisdictions may not do any of the following:(1) Require that parking, as part of an eligible TOD project, be associated with any specific use, residential unit, business, or portion of the TOD project.(2) Prohibit parking from being sold, rented, or otherwise assigned separately from other parts of the eligible TOD project.(e) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
29010.7. (a) (1) This section shall only apply to an eligible TOD project that meets both of the following requirements:(A) Is less than one story above highest local zoning restriction for mixed use or residential use within a half-mile of a district station as of July 1, 2018.(B) Has a floor area ratio of 2.5 or less.(2) If local zoning standards are more permissive than these requirements, this section shall apply to any project that meets the requirements of the local zoning standards.(3) This section shall not apply to a project where the local jurisdiction finds that the project will cause a specific adverse impact to public health and safety as described in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code.(b) (1) A developer in an exclusive negotiating agreement with the district may submit an application for a development that is subject to the streamlined, ministerial approval process not subject to a conditional use permit as specified in Section 65913.4 of the Government Code.(2) An eligible TOD project that meets the requirements in subdivision (a) shall not be required to comply with the objective planning standards in subdivision (a) of Section 65913.4 of the Government Code to be eligible for streamlining, except as otherwise provided in this article.(c) (1) The district shall ensure any otherwise applicable local design guidelines are included in a development agreement as general guidance to the TOD developer.(2) A TOD developer shall adhere to any applicable local design guidelines insofar as those guidelines do not prohibit the minimum height, minimum density, and maximum parking allowances required by the TOD zoning standards.(d) Local jurisdictions may not do any of the following:(1) Require that parking, as part of an eligible TOD project, be associated with any specific use, residential unit, business, or portion of the TOD project.(2) Prohibit parking from being sold, rented, or otherwise assigned separately from other parts of the eligible TOD project.(e) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
29010.7. (a) (1) This section shall only apply to an eligible TOD project that meets both of the following requirements:
(A) Is less than one story above highest local zoning restriction for mixed use or residential use within a half-mile of a district station as of July 1, 2018.
(B) Has a floor area ratio of 2.5 or less.
(2) If local zoning standards are more permissive than these requirements, this section shall apply to any project that meets the requirements of the local zoning standards.
(3) This section shall not apply to a project where the local jurisdiction finds that the project will cause a specific adverse impact to public health and safety as described in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code.
(b) (1) A developer in an exclusive negotiating agreement with the district may submit an application for a development that is subject to the streamlined, ministerial approval process not subject to a conditional use permit as specified in Section 65913.4 of the Government Code.
(2) An eligible TOD project that meets the requirements in subdivision (a) shall not be required to comply with the objective planning standards in subdivision (a) of Section 65913.4 of the Government Code to be eligible for streamlining, except as otherwise provided in this article.
(c) (1) The district shall ensure any otherwise applicable local design guidelines are included in a development agreement as general guidance to the TOD developer.
(2) A TOD developer shall adhere to any applicable local design guidelines insofar as those guidelines do not prohibit the minimum height, minimum density, and maximum parking allowances required by the TOD zoning standards.
(d) Local jurisdictions may not do any of the following:
(1) Require that parking, as part of an eligible TOD project, be associated with any specific use, residential unit, business, or portion of the TOD project.
(2) Prohibit parking from being sold, rented, or otherwise assigned separately from other parts of the eligible TOD project.
(e) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 2.SEC. 5. Section 28765.7 29010.8 is added to the Public Utilities Code, to read:28765.7.(a)Notwithstanding Section 65913.4 of the Government Code, in the event that TOD zoning standards, objective planning standards, general plan, or design review standards are mutually inconsistent, the TOD zoning standards shall be the controlling standards. To the extent that the zoning standards do not resolve inconsistencies, the general plan shall be the controlling standard.(b)The board may waive any requirement that it finds to be inconsistent with Section 65913.4 of the Government Code.(c)The board29010.8. (a) The district shall do all of the following to avoid the loss of affordable housing units and to prevent the direct displacement of tenants:(1) Require that parcels that currently have residential uses, or within the past five years have had residential uses that have been vacated or demolished, that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low income, or subject to any other form of rent or price control through a public entitys valid exercise of its police power, shall be subject to a policy that requires the replacement of all those affordable housing units to the same or lower income level as a condition of any development on the parcel within the TOD project area.(2)Require that tenants directly displaced from affordable housing units by a TOD project be prioritized for placement in(1) Require that any eligible TOD project that involves the demolition of any of the following types of housing, within the last five years from the date of approval of the development agreement, shall be subject to a policy that requires the replacement of all of those housing units to the same or lower income levels:(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents or sales prices to levels affordable, as defined in Section 50052.5 or 50053 of the Health and Safety Code, to persons and families of moderate, lower, or very low income, as defined in Section 50093, 50079.5, or 50105 of the Health and Safety Code, respectively.(B) Housing that is subject to any form of rent or price control through a public entitys valid exercise of its police power.(C) Housing that had been occupied by tenants within the last five years from the date of approval of the development agreement by a primary tenant who was low income and did not leave voluntarily.(2) As a condition of any development on a parcel within an eligible TOD project area, replacement housing units for those described in paragraph (1) shall be subject to recorded affordability restrictions. In the case of the demolition of rental units, replacement units shall be rental units with restrictions for at least 55 years, with rent levels set at the same levels as the previous restrictions or, if no rent restrictions were in place, at rents affordable, as defined in Section 50053 of the Health and Safety Code, to the most recent tenants to occupy the units, or, if the income levels of the most recent tenants cannot be determined, at rents affordable to lower income households, as defined in Section 50079.5 of the Health and Safety Code.(3) Prohibit the demolition of any unit occupied by lower income tenents unless the district or the TOD developer has offered the tenant a commensurate or better replacement affordable housing units unit within new developments located on BART-owned land. one-half mile of the same district station at a rent that does not exceed the tenants previous rent, and the tenant has accepted or refused the offer.(4) Require that new units shall not be occupied sooner than the date that replacement affordable housing units are available to all eligible tenants that wish to be moved into replacement units pursuant to paragraph (3).(5) Provide relocation assistance to lower income tenants directly displaced from housing units by an eligible TOD project pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code.(3)(6) Develop a plan strategy, in coordination with local jurisdictions, to do both of the following:(A) Increase affordable housing options and incentivize tenant protections for very low and low-income residents within and around a an eligible TOD project area, particularly in communities of concern, as defined in MTCs regional transportation plan, where there is potential for residential displacement due to changing market and development conditions. The strategy should specifically address mitigations for the direct and indirect impacts from the demolition of any existing housing units.(B) Deliver housing for essential workers within and around TOD projects. projects, especially for very low, low-, and moderate-income workers.(d)A(b) An eligible TOD project shall do both of the following:(1) Include (A) Where housing is proposed, restrict at least a 20-percent minimum 20 percent of the affordable residential housing units for occupancy by very low, low-, and moderate-income low and low-income households and subject to a recorded affordability restriction for at least 55 years in the case of rental units and 45 years in the case of owner-occupied units, in addition to the replacement affordable housing units described in paragraph (3) of subdivision (a), with a priority on residential units for very low, low-, and moderate-income low and low-income households.(B) If a local jurisdictions inclusionary housing requirement mandates a higher percentage of affordable units or a deeper level of affordability than that described in subparagraph (A), then that jurisdictions affordability percentage requirements shall apply in place of the requirements in subparagraph (A).(2) The district shall develop and implement an approach to evaluating affordable housing proposals that will consider a proposals quantity and depth of affordability, and the proposals validity and feasibility with respect to the requirements of this section.(2)(3) Comply with the labor requirements of Section 65913.4 of the Government Code and any other applicable BART district labor policies.(c) On district-owned land within the districts boundaries, the district shall ensure that a total of 30 percent of housing units are affordable, with priority given to low and very low-income households. The district shall submit a biennial report to the Department of Housing and Community Development stating the percentage of units that are restricted as affordable units, by level of affordability, for all district TOD projects.(e)(d) The board district may identify specific TOD projects that are in the approval process with a local jurisdiction on or before imposition of the TOD zoning standards adopted pursuant to subdivision (a) of Section 28765.5 29010.6 that are proceeding with local zoning approval and entitlement pursuant to existing local zoning authority.(e) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 2.SEC. 5. Section 28765.7 29010.8 is added to the Public Utilities Code, to read:
### SEC. 2.SEC. 5.
28765.7.(a)Notwithstanding Section 65913.4 of the Government Code, in the event that TOD zoning standards, objective planning standards, general plan, or design review standards are mutually inconsistent, the TOD zoning standards shall be the controlling standards. To the extent that the zoning standards do not resolve inconsistencies, the general plan shall be the controlling standard.(b)The board may waive any requirement that it finds to be inconsistent with Section 65913.4 of the Government Code.(c)The board29010.8. (a) The district shall do all of the following to avoid the loss of affordable housing units and to prevent the direct displacement of tenants:(1) Require that parcels that currently have residential uses, or within the past five years have had residential uses that have been vacated or demolished, that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low income, or subject to any other form of rent or price control through a public entitys valid exercise of its police power, shall be subject to a policy that requires the replacement of all those affordable housing units to the same or lower income level as a condition of any development on the parcel within the TOD project area.(2)Require that tenants directly displaced from affordable housing units by a TOD project be prioritized for placement in(1) Require that any eligible TOD project that involves the demolition of any of the following types of housing, within the last five years from the date of approval of the development agreement, shall be subject to a policy that requires the replacement of all of those housing units to the same or lower income levels:(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents or sales prices to levels affordable, as defined in Section 50052.5 or 50053 of the Health and Safety Code, to persons and families of moderate, lower, or very low income, as defined in Section 50093, 50079.5, or 50105 of the Health and Safety Code, respectively.(B) Housing that is subject to any form of rent or price control through a public entitys valid exercise of its police power.(C) Housing that had been occupied by tenants within the last five years from the date of approval of the development agreement by a primary tenant who was low income and did not leave voluntarily.(2) As a condition of any development on a parcel within an eligible TOD project area, replacement housing units for those described in paragraph (1) shall be subject to recorded affordability restrictions. In the case of the demolition of rental units, replacement units shall be rental units with restrictions for at least 55 years, with rent levels set at the same levels as the previous restrictions or, if no rent restrictions were in place, at rents affordable, as defined in Section 50053 of the Health and Safety Code, to the most recent tenants to occupy the units, or, if the income levels of the most recent tenants cannot be determined, at rents affordable to lower income households, as defined in Section 50079.5 of the Health and Safety Code.(3) Prohibit the demolition of any unit occupied by lower income tenents unless the district or the TOD developer has offered the tenant a commensurate or better replacement affordable housing units unit within new developments located on BART-owned land. one-half mile of the same district station at a rent that does not exceed the tenants previous rent, and the tenant has accepted or refused the offer.(4) Require that new units shall not be occupied sooner than the date that replacement affordable housing units are available to all eligible tenants that wish to be moved into replacement units pursuant to paragraph (3).(5) Provide relocation assistance to lower income tenants directly displaced from housing units by an eligible TOD project pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code.(3)(6) Develop a plan strategy, in coordination with local jurisdictions, to do both of the following:(A) Increase affordable housing options and incentivize tenant protections for very low and low-income residents within and around a an eligible TOD project area, particularly in communities of concern, as defined in MTCs regional transportation plan, where there is potential for residential displacement due to changing market and development conditions. The strategy should specifically address mitigations for the direct and indirect impacts from the demolition of any existing housing units.(B) Deliver housing for essential workers within and around TOD projects. projects, especially for very low, low-, and moderate-income workers.(d)A(b) An eligible TOD project shall do both of the following:(1) Include (A) Where housing is proposed, restrict at least a 20-percent minimum 20 percent of the affordable residential housing units for occupancy by very low, low-, and moderate-income low and low-income households and subject to a recorded affordability restriction for at least 55 years in the case of rental units and 45 years in the case of owner-occupied units, in addition to the replacement affordable housing units described in paragraph (3) of subdivision (a), with a priority on residential units for very low, low-, and moderate-income low and low-income households.(B) If a local jurisdictions inclusionary housing requirement mandates a higher percentage of affordable units or a deeper level of affordability than that described in subparagraph (A), then that jurisdictions affordability percentage requirements shall apply in place of the requirements in subparagraph (A).(2) The district shall develop and implement an approach to evaluating affordable housing proposals that will consider a proposals quantity and depth of affordability, and the proposals validity and feasibility with respect to the requirements of this section.(2)(3) Comply with the labor requirements of Section 65913.4 of the Government Code and any other applicable BART district labor policies.(c) On district-owned land within the districts boundaries, the district shall ensure that a total of 30 percent of housing units are affordable, with priority given to low and very low-income households. The district shall submit a biennial report to the Department of Housing and Community Development stating the percentage of units that are restricted as affordable units, by level of affordability, for all district TOD projects.(e)(d) The board district may identify specific TOD projects that are in the approval process with a local jurisdiction on or before imposition of the TOD zoning standards adopted pursuant to subdivision (a) of Section 28765.5 29010.6 that are proceeding with local zoning approval and entitlement pursuant to existing local zoning authority.(e) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
(a)Notwithstanding Section 65913.4 of the Government Code, in the event that TOD zoning standards, objective planning standards, general plan, or design review standards are mutually inconsistent, the TOD zoning standards shall be the controlling standards. To the extent that the zoning standards do not resolve inconsistencies, the general plan shall be the controlling standard.
(b)The board may waive any requirement that it finds to be inconsistent with Section 65913.4 of the Government Code.
(c)The board
29010.8. (a) The district shall do all of the following to avoid the loss of affordable housing units and to prevent the direct displacement of tenants:(1) Require that parcels that currently have residential uses, or within the past five years have had residential uses that have been vacated or demolished, that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low income, or subject to any other form of rent or price control through a public entitys valid exercise of its police power, shall be subject to a policy that requires the replacement of all those affordable housing units to the same or lower income level as a condition of any development on the parcel within the TOD project area.(2)Require that tenants directly displaced from affordable housing units by a TOD project be prioritized for placement in(1) Require that any eligible TOD project that involves the demolition of any of the following types of housing, within the last five years from the date of approval of the development agreement, shall be subject to a policy that requires the replacement of all of those housing units to the same or lower income levels:(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents or sales prices to levels affordable, as defined in Section 50052.5 or 50053 of the Health and Safety Code, to persons and families of moderate, lower, or very low income, as defined in Section 50093, 50079.5, or 50105 of the Health and Safety Code, respectively.(B) Housing that is subject to any form of rent or price control through a public entitys valid exercise of its police power.(C) Housing that had been occupied by tenants within the last five years from the date of approval of the development agreement by a primary tenant who was low income and did not leave voluntarily.(2) As a condition of any development on a parcel within an eligible TOD project area, replacement housing units for those described in paragraph (1) shall be subject to recorded affordability restrictions. In the case of the demolition of rental units, replacement units shall be rental units with restrictions for at least 55 years, with rent levels set at the same levels as the previous restrictions or, if no rent restrictions were in place, at rents affordable, as defined in Section 50053 of the Health and Safety Code, to the most recent tenants to occupy the units, or, if the income levels of the most recent tenants cannot be determined, at rents affordable to lower income households, as defined in Section 50079.5 of the Health and Safety Code.(3) Prohibit the demolition of any unit occupied by lower income tenents unless the district or the TOD developer has offered the tenant a commensurate or better replacement affordable housing units unit within new developments located on BART-owned land. one-half mile of the same district station at a rent that does not exceed the tenants previous rent, and the tenant has accepted or refused the offer.(4) Require that new units shall not be occupied sooner than the date that replacement affordable housing units are available to all eligible tenants that wish to be moved into replacement units pursuant to paragraph (3).(5) Provide relocation assistance to lower income tenants directly displaced from housing units by an eligible TOD project pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code.(3)(6) Develop a plan strategy, in coordination with local jurisdictions, to do both of the following:(A) Increase affordable housing options and incentivize tenant protections for very low and low-income residents within and around a an eligible TOD project area, particularly in communities of concern, as defined in MTCs regional transportation plan, where there is potential for residential displacement due to changing market and development conditions. The strategy should specifically address mitigations for the direct and indirect impacts from the demolition of any existing housing units.(B) Deliver housing for essential workers within and around TOD projects. projects, especially for very low, low-, and moderate-income workers.(d)A(b) An eligible TOD project shall do both of the following:(1) Include (A) Where housing is proposed, restrict at least a 20-percent minimum 20 percent of the affordable residential housing units for occupancy by very low, low-, and moderate-income low and low-income households and subject to a recorded affordability restriction for at least 55 years in the case of rental units and 45 years in the case of owner-occupied units, in addition to the replacement affordable housing units described in paragraph (3) of subdivision (a), with a priority on residential units for very low, low-, and moderate-income low and low-income households.(B) If a local jurisdictions inclusionary housing requirement mandates a higher percentage of affordable units or a deeper level of affordability than that described in subparagraph (A), then that jurisdictions affordability percentage requirements shall apply in place of the requirements in subparagraph (A).(2) The district shall develop and implement an approach to evaluating affordable housing proposals that will consider a proposals quantity and depth of affordability, and the proposals validity and feasibility with respect to the requirements of this section.(2)(3) Comply with the labor requirements of Section 65913.4 of the Government Code and any other applicable BART district labor policies.(c) On district-owned land within the districts boundaries, the district shall ensure that a total of 30 percent of housing units are affordable, with priority given to low and very low-income households. The district shall submit a biennial report to the Department of Housing and Community Development stating the percentage of units that are restricted as affordable units, by level of affordability, for all district TOD projects.(e)(d) The board district may identify specific TOD projects that are in the approval process with a local jurisdiction on or before imposition of the TOD zoning standards adopted pursuant to subdivision (a) of Section 28765.5 29010.6 that are proceeding with local zoning approval and entitlement pursuant to existing local zoning authority.(e) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
29010.8. (a) The district shall do all of the following to avoid the loss of affordable housing units and to prevent the direct displacement of tenants:(1) Require that parcels that currently have residential uses, or within the past five years have had residential uses that have been vacated or demolished, that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low income, or subject to any other form of rent or price control through a public entitys valid exercise of its police power, shall be subject to a policy that requires the replacement of all those affordable housing units to the same or lower income level as a condition of any development on the parcel within the TOD project area.(2)Require that tenants directly displaced from affordable housing units by a TOD project be prioritized for placement in(1) Require that any eligible TOD project that involves the demolition of any of the following types of housing, within the last five years from the date of approval of the development agreement, shall be subject to a policy that requires the replacement of all of those housing units to the same or lower income levels:(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents or sales prices to levels affordable, as defined in Section 50052.5 or 50053 of the Health and Safety Code, to persons and families of moderate, lower, or very low income, as defined in Section 50093, 50079.5, or 50105 of the Health and Safety Code, respectively.(B) Housing that is subject to any form of rent or price control through a public entitys valid exercise of its police power.(C) Housing that had been occupied by tenants within the last five years from the date of approval of the development agreement by a primary tenant who was low income and did not leave voluntarily.(2) As a condition of any development on a parcel within an eligible TOD project area, replacement housing units for those described in paragraph (1) shall be subject to recorded affordability restrictions. In the case of the demolition of rental units, replacement units shall be rental units with restrictions for at least 55 years, with rent levels set at the same levels as the previous restrictions or, if no rent restrictions were in place, at rents affordable, as defined in Section 50053 of the Health and Safety Code, to the most recent tenants to occupy the units, or, if the income levels of the most recent tenants cannot be determined, at rents affordable to lower income households, as defined in Section 50079.5 of the Health and Safety Code.(3) Prohibit the demolition of any unit occupied by lower income tenents unless the district or the TOD developer has offered the tenant a commensurate or better replacement affordable housing units unit within new developments located on BART-owned land. one-half mile of the same district station at a rent that does not exceed the tenants previous rent, and the tenant has accepted or refused the offer.(4) Require that new units shall not be occupied sooner than the date that replacement affordable housing units are available to all eligible tenants that wish to be moved into replacement units pursuant to paragraph (3).(5) Provide relocation assistance to lower income tenants directly displaced from housing units by an eligible TOD project pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code.(3)(6) Develop a plan strategy, in coordination with local jurisdictions, to do both of the following:(A) Increase affordable housing options and incentivize tenant protections for very low and low-income residents within and around a an eligible TOD project area, particularly in communities of concern, as defined in MTCs regional transportation plan, where there is potential for residential displacement due to changing market and development conditions. The strategy should specifically address mitigations for the direct and indirect impacts from the demolition of any existing housing units.(B) Deliver housing for essential workers within and around TOD projects. projects, especially for very low, low-, and moderate-income workers.(d)A(b) An eligible TOD project shall do both of the following:(1) Include (A) Where housing is proposed, restrict at least a 20-percent minimum 20 percent of the affordable residential housing units for occupancy by very low, low-, and moderate-income low and low-income households and subject to a recorded affordability restriction for at least 55 years in the case of rental units and 45 years in the case of owner-occupied units, in addition to the replacement affordable housing units described in paragraph (3) of subdivision (a), with a priority on residential units for very low, low-, and moderate-income low and low-income households.(B) If a local jurisdictions inclusionary housing requirement mandates a higher percentage of affordable units or a deeper level of affordability than that described in subparagraph (A), then that jurisdictions affordability percentage requirements shall apply in place of the requirements in subparagraph (A).(2) The district shall develop and implement an approach to evaluating affordable housing proposals that will consider a proposals quantity and depth of affordability, and the proposals validity and feasibility with respect to the requirements of this section.(2)(3) Comply with the labor requirements of Section 65913.4 of the Government Code and any other applicable BART district labor policies.(c) On district-owned land within the districts boundaries, the district shall ensure that a total of 30 percent of housing units are affordable, with priority given to low and very low-income households. The district shall submit a biennial report to the Department of Housing and Community Development stating the percentage of units that are restricted as affordable units, by level of affordability, for all district TOD projects.(e)(d) The board district may identify specific TOD projects that are in the approval process with a local jurisdiction on or before imposition of the TOD zoning standards adopted pursuant to subdivision (a) of Section 28765.5 29010.6 that are proceeding with local zoning approval and entitlement pursuant to existing local zoning authority.(e) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
29010.8. (a) The district shall do all of the following to avoid the loss of affordable housing units and to prevent the direct displacement of tenants:
(1) Require that parcels that currently have residential uses, or within the past five years have had residential uses that have been vacated or demolished, that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low income, or subject to any other form of rent or price control through a public entitys valid exercise of its police power, shall be subject to a policy that requires the replacement of all those affordable housing units to the same or lower income level as a condition of any development on the parcel within the TOD project area.
(2)Require that tenants directly displaced from affordable housing units by a TOD project be prioritized for placement in
(1) Require that any eligible TOD project that involves the demolition of any of the following types of housing, within the last five years from the date of approval of the development agreement, shall be subject to a policy that requires the replacement of all of those housing units to the same or lower income levels:
(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents or sales prices to levels affordable, as defined in Section 50052.5 or 50053 of the Health and Safety Code, to persons and families of moderate, lower, or very low income, as defined in Section 50093, 50079.5, or 50105 of the Health and Safety Code, respectively.
(B) Housing that is subject to any form of rent or price control through a public entitys valid exercise of its police power.
(C) Housing that had been occupied by tenants within the last five years from the date of approval of the development agreement by a primary tenant who was low income and did not leave voluntarily.
(2) As a condition of any development on a parcel within an eligible TOD project area, replacement housing units for those described in paragraph (1) shall be subject to recorded affordability restrictions. In the case of the demolition of rental units, replacement units shall be rental units with restrictions for at least 55 years, with rent levels set at the same levels as the previous restrictions or, if no rent restrictions were in place, at rents affordable, as defined in Section 50053 of the Health and Safety Code, to the most recent tenants to occupy the units, or, if the income levels of the most recent tenants cannot be determined, at rents affordable to lower income households, as defined in Section 50079.5 of the Health and Safety Code.
(3) Prohibit the demolition of any unit occupied by lower income tenents unless the district or the TOD developer has offered the tenant a commensurate or better replacement affordable housing units unit within new developments located on BART-owned land. one-half mile of the same district station at a rent that does not exceed the tenants previous rent, and the tenant has accepted or refused the offer.
(4) Require that new units shall not be occupied sooner than the date that replacement affordable housing units are available to all eligible tenants that wish to be moved into replacement units pursuant to paragraph (3).
(5) Provide relocation assistance to lower income tenants directly displaced from housing units by an eligible TOD project pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code.
(3)
(6) Develop a plan strategy, in coordination with local jurisdictions, to do both of the following:
(A) Increase affordable housing options and incentivize tenant protections for very low and low-income residents within and around a an eligible TOD project area, particularly in communities of concern, as defined in MTCs regional transportation plan, where there is potential for residential displacement due to changing market and development conditions. The strategy should specifically address mitigations for the direct and indirect impacts from the demolition of any existing housing units.
(B) Deliver housing for essential workers within and around TOD projects. projects, especially for very low, low-, and moderate-income workers.
(d)A
(b) An eligible TOD project shall do both of the following:
(1) Include (A) Where housing is proposed, restrict at least a 20-percent minimum 20 percent of the affordable residential housing units for occupancy by very low, low-, and moderate-income low and low-income households and subject to a recorded affordability restriction for at least 55 years in the case of rental units and 45 years in the case of owner-occupied units, in addition to the replacement affordable housing units described in paragraph (3) of subdivision (a), with a priority on residential units for very low, low-, and moderate-income low and low-income households.
(B) If a local jurisdictions inclusionary housing requirement mandates a higher percentage of affordable units or a deeper level of affordability than that described in subparagraph (A), then that jurisdictions affordability percentage requirements shall apply in place of the requirements in subparagraph (A).
(2) The district shall develop and implement an approach to evaluating affordable housing proposals that will consider a proposals quantity and depth of affordability, and the proposals validity and feasibility with respect to the requirements of this section.
(2)
(3) Comply with the labor requirements of Section 65913.4 of the Government Code and any other applicable BART district labor policies.
(c) On district-owned land within the districts boundaries, the district shall ensure that a total of 30 percent of housing units are affordable, with priority given to low and very low-income households. The district shall submit a biennial report to the Department of Housing and Community Development stating the percentage of units that are restricted as affordable units, by level of affordability, for all district TOD projects.
(e)
(d) The board district may identify specific TOD projects that are in the approval process with a local jurisdiction on or before imposition of the TOD zoning standards adopted pursuant to subdivision (a) of Section 28765.5 29010.6 that are proceeding with local zoning approval and entitlement pursuant to existing local zoning authority.
(e) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 6. Section 29010.9 is added to the Public Utilities Code, to read:29010.9. (a) Notwithstanding Section 65913.4 of the Government Code, a local jurisdiction may exercise full design review and conditional use permitting authority over any eligible TOD project that does not meet the conditions specified in subdivision (a) of Section 29010.7.(b) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 6. Section 29010.9 is added to the Public Utilities Code, to read:
### SEC. 6.
29010.9. (a) Notwithstanding Section 65913.4 of the Government Code, a local jurisdiction may exercise full design review and conditional use permitting authority over any eligible TOD project that does not meet the conditions specified in subdivision (a) of Section 29010.7.(b) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
29010.9. (a) Notwithstanding Section 65913.4 of the Government Code, a local jurisdiction may exercise full design review and conditional use permitting authority over any eligible TOD project that does not meet the conditions specified in subdivision (a) of Section 29010.7.(b) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
29010.9. (a) Notwithstanding Section 65913.4 of the Government Code, a local jurisdiction may exercise full design review and conditional use permitting authority over any eligible TOD project that does not meet the conditions specified in subdivision (a) of Section 29010.7.(b) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
29010.9. (a) Notwithstanding Section 65913.4 of the Government Code, a local jurisdiction may exercise full design review and conditional use permitting authority over any eligible TOD project that does not meet the conditions specified in subdivision (a) of Section 29010.7.
(b) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 7. Section 29010.10 is added to the Public Utilities Code, to read:29010.10. (a) When the district enters into an exclusive negotiating agreement with a developer for the development of an eligible TOD project, that agreement shall confer a vested right to proceed with development in substantial compliance with the provisions of Sections 29010.6, 29010.7, 29010.8, and 29010.9. However, if Section 29010.6, 29010.7, 29010.8, or 29010.9 is repealed, that agreement shall confer a vested right to proceed with the eligible TOD project in substantial compliance with those provisions in effect at the time the agreement was entered into.(b) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 7. Section 29010.10 is added to the Public Utilities Code, to read:
### SEC. 7.
29010.10. (a) When the district enters into an exclusive negotiating agreement with a developer for the development of an eligible TOD project, that agreement shall confer a vested right to proceed with development in substantial compliance with the provisions of Sections 29010.6, 29010.7, 29010.8, and 29010.9. However, if Section 29010.6, 29010.7, 29010.8, or 29010.9 is repealed, that agreement shall confer a vested right to proceed with the eligible TOD project in substantial compliance with those provisions in effect at the time the agreement was entered into.(b) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
29010.10. (a) When the district enters into an exclusive negotiating agreement with a developer for the development of an eligible TOD project, that agreement shall confer a vested right to proceed with development in substantial compliance with the provisions of Sections 29010.6, 29010.7, 29010.8, and 29010.9. However, if Section 29010.6, 29010.7, 29010.8, or 29010.9 is repealed, that agreement shall confer a vested right to proceed with the eligible TOD project in substantial compliance with those provisions in effect at the time the agreement was entered into.(b) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
29010.10. (a) When the district enters into an exclusive negotiating agreement with a developer for the development of an eligible TOD project, that agreement shall confer a vested right to proceed with development in substantial compliance with the provisions of Sections 29010.6, 29010.7, 29010.8, and 29010.9. However, if Section 29010.6, 29010.7, 29010.8, or 29010.9 is repealed, that agreement shall confer a vested right to proceed with the eligible TOD project in substantial compliance with those provisions in effect at the time the agreement was entered into.(b) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
29010.10. (a) When the district enters into an exclusive negotiating agreement with a developer for the development of an eligible TOD project, that agreement shall confer a vested right to proceed with development in substantial compliance with the provisions of Sections 29010.6, 29010.7, 29010.8, and 29010.9. However, if Section 29010.6, 29010.7, 29010.8, or 29010.9 is repealed, that agreement shall confer a vested right to proceed with the eligible TOD project in substantial compliance with those provisions in effect at the time the agreement was entered into.
(b) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 3.SEC. 8. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 3.SEC. 8. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 3.SEC. 8. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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