Cal. PUC § 29010.1 — California Code / Code puc / Division 10 / Part 2 / Chapter 6 / Article 4 / Section 29010.1
Section 29010.1
Status: in_force

(a) For purposes of this article, the following definitions shall apply:

(1) “BART TOD place type” means the place type described in Table 1 and Figure 1 of the BART Transit-Oriented Development Guidelines (2017), as updated by the district.

(2) “Eligible TOD project” means a TOD project that meets all of the following requirements:

(A) The parcel or parcels 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 or parcels on which the TOD project would be located was not acquired through eminent domain on or after July 1, 2018.

(C) The parcel or parcels on which the TOD project would be located forms a contiguous area of at least 0.25 acres, has at least 75 percent of its area located within one-half mile of an existing or planned district station entrance, and is located within an area represented on the board.

(D) The parcel or parcels on which the TOD project would be located is owned by the district.

(E) For a TOD project relating to a district station that existed on July 1, 2018, the TOD zoning standards and Section 29010.7 shall apply only to a parcel that is owned by the district on that date.

(F) For a TOD project relating to a planned district station, the district station has been approved by an ordinance or resolution adopted by the legislative body of the local jurisdiction with local land use zoning jurisdiction over the area in which the station is located.

(3) “Floor area ratio” means the ratio of gross building area of the development, excluding structured parking areas, proposed for the project, divided by the total area of the parcel or parcels used by the project, where “gross building area” means the sum of all finished areas of all floors of a building included within the outside faces of its exterior walls.

(4) “Local jurisdiction” means a city, including a charter city, a county, or a city and county.

(5) “Planned district station” means a station that has completed the California Environmental Quality Act review and for which construction is more than 75 percent funded.

(6) “Station entrance” means the entry point into an enclosed station structure, or, where that point is not clear or does not exist, the station fare gates.

(7) “TOD” means transit-oriented development.

(8) “TOD project” means any residential or commercial development project, comprised of one or more buildings, wholly or partially on district land with 50 percent of the floor area of the project dedicated to residential uses, unless a locally adopted specific plan provides for a different percentage, or other metric, of residential uses on district-owned parcels. If a locally adopted specific plan establishes a lower minimum residential use requirement for district-owned land, the specific plan metric shall serve as the minimum residential requirement.

(9) “TOD project area” means the parcel or parcels of land on which a TOD project is situated.

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