2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 6 - Powers and Functions of District › ARTICLE 4 - Property › Section 29010.7.

29010.7. (a) (1) This section shall only apply to an eligible TOD project that meets both of the following requirements:
(A) Has a height less than or equal to one story, or 15 feet, above the highest approved height for mixed use or residential use within a half-mile of a district station parcel or entrance on July 1, 2018, where “highest approved height” means the tallest height, including heights that require conditional approval, allowable pursuant to zoning, including the municipal code and any specific or area plan that covers the district station property.
(B) Has a floor area ratio equal to or less than 0.6 times the number of stories that satisfies subparagraph (A).
(2) (A) If local zoning standards allow for taller heights or larger floor area ratios than the requirements in paragraph (1), this section shall apply to any project that meets the requirements of the local zoning standards.
(B) Subparagraph (A) shall not apply to local zoning standards adopted for the purpose of complying with paragraph (1) of subdivision (d) of Section 29010.6 or to BART TOD standards that have become the local zoning pursuant to paragraph (2) of subdivision (d) of Section 29010.6.
(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, and there is no feasible method to satisfactorily mitigate or avoid the adverse impact.
(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 the streamlined, ministerial approval process, except as otherwise provided in this article.
(c) A developer of an eligible TOD project may apply for density bonus pursuant to Section 65915 of the Government Code. For purposes of an application submitted pursuant to subdivision (b), “maximum allowable gross residential density,” as that term is used in Section 65915 of the Government Code, includes the highest approved height, as defined in subparagraph (A) of paragraph (1) of subdivision (a), and the floor area ratio requirement described in subparagraph (B) of paragraph (1) of subdivision (a). A project that meets the requirements of paragraph (1) of subdivision (a) before the addition of any height increases, density increases, waivers, or concessions awarded through a density bonus shall remain eligible for streamlining under this section after the addition of a density bonus.
(d) (1) The district shall ensure any otherwise applicable local design standards, insofar as those standards do not prohibit the minimum height, minimum density, minimum floor area ratio, and maximum parking allowances required by the TOD zoning standards, are included as general guidance to the TOD developer.
(2) A TOD developer shall adhere to any applicable local design standards insofar as those standards do not prohibit the minimum height, minimum density, minimum floor area ratio, and maximum parking allowances required by the TOD zoning standards.
(e) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
(Added by Stats. 2018, Ch. 1000, Sec. 4. (AB 2923) Effective January 1, 2019. Repealed as of January 1, 2029, by its own provisions.)