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AB-2923 San Francisco Bay Area Rapid Transit District: transit-oriented development.(2017-2018)

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Date Published: 04/12/2018 04:00 AM
AB2923:v98#DOCUMENT

Revised  April 19, 2018
Amended  IN  Assembly  April 11, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2923


Introduced by Assembly Members Chiu and Grayson
(Coauthor: Assembly Member Mullin)(Coauthors: Assembly Members Mullin, Bloom, and Ting)

February 16, 2018


An act to add Sections 28765.5 and 28765.7 to the Public Utilities Code, relating to transportation.


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 new transit-oriented development (TOD) guidelines 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 1/2 mile of an existing or planned BART station entrance, in areas having representation on the BART board of directors. The bill would require that the approval or amendment of TOD guidelines zoning standards comply with specified requirements and would require local jurisdictions to adopt an ordinance that approves the application of TOD guidelines zoning standards within 2 years of the date that the TOD guidelines zoning standards are approved by the board. The bill would provide that the board’s approval of TOD guidelines zoning standards is subject to the California Environmental Quality Act (CEQA) and would designate the board as the lead agency for CEQA review.
The bill would require the board, where local zoning remains inconsistent with the TOD guidelines after this 2-year period, to approve 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. The bill would require the board to ensure any otherwise applicable local design guidelines are included in a development agreement with a 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 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 20% affordable housing requirement and comply with specified labor requirements.
By increasing the duties of local public officials, the bill would impose a state-mandated local program.
(2) 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 28765.5 is added to the Public Utilities Code, to read:

28765.5.
 (a) Notwithstanding any other law, the San Francisco Bay Area Rapid Transit District (BART) board of directors shall adopt 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.
(1) Zoning standards published in the current BART Guidelines shall serve as the baseline for BART TOD zoning. Approved TOD zoning standards shall establish the lowest permissible height limits, lowest permissible density limits, and the highest permissible parking maximums, as established by Table 1 and Figure 1 of BART TOD Guidelines (2017).
(2) In approving TOD zoning standards, the board shall establish and include the lowest permissible floor-area-ratio limits for each TOD place type.
(3) TOD zoning standards shall be approved by the board by April 1, 2019, and may be amended by the board thereafter pursuant to this section. If the board fails to approve new guidelines by April 1, 2019, the existing Table 1 of BART TOD Guidelines (2017) shall serve as the minimum local zoning requirements for local jurisdictions, with the Transit Oriented Place Types indicated in Figure 1 of the BART TOD Guidelines (2017).
(b) The approval of, and amendments to, the TOD zoning standards shall comply with all of the following:
(1) The board 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 available to the public.
(3) The board shall approve 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 TOD zoning standards, the board shall approve travel demand management requirements for TOD projects on district-owned real property.
(d) (1) Where local zoning is inconsistent with the TOD zoning standards, the local jurisdiction shall adopt an ordinance that approves the application of the TOD zoning standards within two years of the date that the TOD zoning standards were approved by the board.
(2) 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) The board shall make a finding as to whether the local zoning ordinance is consistent with the TOD zoning standards. Local zoning shall remain in place unless the board determines that it is inconsistent with TOD zoning standards. If, according to the board’s finding, the local zoning ordinance remains inconsistent with the TOD guidelines zoning standards after the two-year period specified in paragraph (1) of subdivision (d), the TOD zoning standards shall become the local zoning standards for any BART-owned land within one-half mile of any existing or planned BART 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 enters into the development process.
(f) (1) The board’s approval of TOD zoning standards and local zoning standards shall be subject to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). The board shall serve as the lead agency for CEQA review.
(2) Any CEQA review of rezoning to conform with TOD zoning standards, and of TOD projects proposed on BART-owned land shall incorporate the CEQA review for approval of TOD zoning standards to the greatest degree possible. An agency may not prepare CEQA documents on rezoning to implement TOD zoning standards subsequent to BART’s CEQA review of the approval of TOD zoning standards absent a finding of substantial evidence that the rezoning creates a significant negative impact, based on standards in effect at the time that the CEQA review on the approval of the TOD zoning standards was performed.
(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 regardless of a local jurisdiction’s status regarding its regional housing needs allocation. 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.

SEC. 2.

 Section 28765.7 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 board 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 entity’s 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 affordable housing units within new developments located on BART-owned land.
(3) Develop a plan to do both of the following:
(A) Increase affordable housing options for very low and low-income residents within and around a TOD project area, particularly in communities of concern, as defined in MTC’s regional transportation plan, where there is potential for residential displacement due to changing market and development conditions.
(B) Deliver housing for essential workers within and around TOD projects.
(d) A TOD project shall do both of the following:
(1) Include at least a 20-percent minimum of the affordable residential housing units for very low, low-, and moderate-income households and subject to a recorded affordability restriction for at least 55 years with a priority on residential units for very low, low-, and moderate-income households.
(2) Comply with the labor requirements of Section 65913.4 of the Government Code and any other applicable BART labor policies.
(e) The board 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 that are proceeding with local zoning approval and entitlement pursuant to existing local zoning authority.

SEC. 3.

 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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REVISIONS:
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