Cal. PUC § 29010.6 — California Code / Code puc / Division 10 / Part 2 / Chapter 6 / Article 4 / Section 29010.6
Section 29010.6
Status: in_force

(a) (1) Notwithstanding any other law, the San Francisco Bay Area Rapid Transit District (BART) board of directors shall, consistent with Section 28793, adopt by ordinance TOD zoning standards for each station that establish minimum local zoning requirements for height, density, parking, and floor area ratio only, that apply to an eligible TOD project.

(2) Adopted TOD zoning standards shall establish, for each district station, the lowest permissible limit for height, density, and floor area ratio, and the highest permissible parking minimums and maximums. The zoning standards published in Table 1 and Figure 1 of the BART TOD Guidelines (2017) shall serve as the minimum allowable density and height limits, and the highest allowable parking limits to which the board is required to adhere in adopting TOD zoning standards. The board shall not establish floor-area-ratio limits in the TOD zoning standards for each station type less than the number in the column titled “residential target height” multiplied by 0.6.

(3) The TOD zoning standards adopted by the board for each station shall not assign a lowest permissible height limit taller than the larger of the following two heights:

(A) The “highest approved height” as defined in subparagraph (A) of paragraph (1) of subdivision (a) of Section 29010.7.

(B) One hundred fifty percent of the target height in the zoning standards published in Figure 1 of the BART TOD Guidelines (2017).

(4) (A) TOD zoning standards shall be adopted by July 1, 2020, and may be amended thereafter pursuant to this section.

(B) (i) If the board, for any reason, does not adopt new standards for a station by July 1, 2020, Table 1 of BART TOD Guidelines (2017) shall serve as the TOD zoning standards, with the Transit Oriented Place Types identified in Figure 1 of the BART TOD Guidelines (2017), until that time when the board adopts new TOD zoning standards for that station.

(ii) In the case that Table 1 of the BART TOD Guidelines (2017) serves as the TOD zoning standards for any stations, 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 district is not required to establish TOD zoning standards for a station where, according to the district’s assessment, it would be impractical to develop an eligible TOD project greater than one-half acre.

(6) The TOD zoning standards adopted by the board for each station shall reflect the diversity of the different communities served by the district’s stations.

(b) The adoption of, and amendments to, the TOD zoning standards shall comply with all of the following:

(1) The 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 relevant local jurisdictions and to communities of concern around each station. Before or during the scoping meeting, the district shall meet with each jurisdiction in which the station is located, as well as any relevant infrastructure agencies. The consultation required pursuant to this section shall include all of the following:

(A) A review of the housing needs of the jurisdiction.

(B) A review of the TOD approved and built in the past year in the jurisdiction.

(C) A review of any TOD projects proposed by the district in the jurisdiction for the past year.

(D) A discussion of any obstacles to development of any project proposed by the district.

(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 standards available to the public.

(3) The board shall 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 adopting the TOD zoning standards, the board shall approve travel demand management requirements for TOD projects on district-owned real property, which shall be consistent with district station access, district sustainability, and district TOD policy goals.

(d) (1) Where local zoning is inconsistent with the TOD zoning standards for a station, the local jurisdiction shall adopt a local zoning ordinance that conforms to the TOD zoning standards and is operative within two years of the date that the TOD zoning standards are adopted by the board for a station, or by July 1, 2022, if the board has not adopted TOD zoning standards for the station.

(2) The district shall make a finding as to whether the local zoning ordinance conforms to the TOD zoning standards. Local zoning shall remain in place unless the district determines that it does not conform to the TOD zoning standards. If, according to the district’s finding, the local zoning ordinance does not conform to the TOD zoning standards after July 1, 2022, the TOD zoning standards shall become the local zoning for any district-owned parcels that are at least 75 percent within one-half mile of any existing or planned district station entrance in areas represented on the board. For each station, a local jurisdiction may update zoning for district-owned land to comply with TOD zoning standards until the time that the district enters into an exclusive negotiating agreement with a developer for an eligible TOD project.

(3) If a local jurisdiction is in review under the California Environmental Quality Act (CEQA) (Division 13 (commencing with Section 21000) of the Public Resources Code) 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, the district shall, to the extent it has the authority, take into consideration the local jurisdiction’s proposed zoning standards in negotiating the district’s development agreement with any potential eligible TOD project developer.

(4) In cases where a local jurisdiction’s zoning for district-owned land within one-half mile of a district station, approved as of July 1, 2018, 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) and values calculated by clause (ii) of subparagraph (B) of paragraph (4) of subdivision (a) the local jurisdiction shall be exempt from the application of the TOD zoning standards for that station. 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).

(e) (1) The district’s approval of TOD zoning standards shall be subject to CEQA review. The district shall serve as the lead agency for CEQA 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 district-owned land, shall incorporate the environmental review document certified for the TOD zoning standards consistent with Section 21094 of the Public Resources Code. A public agency shall not prepare an environmental impact report or mitigated negative declaration for rezoning pursuant to paragraph (2) of subdivision (d) to implement TOD zoning standards or for a TOD project subsequent to the district’s certification of an environmental review document for approval of TOD zoning standards unless the public agency finds, based on substantial evidence, that the rezoning or TOD project creates a significant effect on the environment that was not analyzed in the prior environmental review document, and mitigated or avoided.

(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 district’s practice at auto-dependent stations and the district’s station access policy, with specific provisions to ensure that, after the construction of the eligible TOD project, auto-dependent stations are still accessible by private automobile. The policy shall specifically consider the parking replacement needs for auto-dependent end-of-the-line stations.

(h) For any station where district commuter parking is reduced as a result of a TOD project on land where TOD zoning standards apply, the district shall develop and fund an access plan that maintains station access for at least the number of customers affected by the reduced number of commuter parking spaces, which shall include specific consideration for customers who live further than one-half mile from the station.

(i) Local jurisdictions shall not do either 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.

(j) Zoning in effect as a result of this section shall be considered the same as locally approved zoning for all purposes, including the density bonus law and the Housing Accountability Act.

(k) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.