Planning for Transit-Oriented Development at BART
In 2018, the Governor signed AB 2923 which made it easier for BART to develop transit-oriented multifamily housing on its properties. AB 2923 added sections 29010.1 through 29010.12 to California’s Public Utilities Code, affecting zoning requirements on existing BART-owned property within a half-mile of stations. Cities and counties have until July 1, 2022 to rezone BART properties to meet or exceed the minimum density and zoning standards established by AB 2923.
If a jurisdiction chooses not to set its own zoning standards, the baseline standards (minimum of 75 du/acre, five stories, etc.) will preempt local zoning on July 1, 2022 for those portions of a jurisdiction’s zoning code that are nonconforming. There is no exception to up-zoning of the BART lots under AB 2923 or SB 330; however the City has several options to consider in how to approach future development of the BART sites.
The first two options are choices for the next 6 months in order to meet the statutory requirements and July 1, 2022 deadline of AB 2923. The remaining options can be mixed and matched, with timelines for completion to be determined. These options are summarized in below, along with staff’s recommendation.
For immediate consideration to meet the July 1, 2022 deadline:
Do Nothing Option (Not Recommended)
If the City chooses not to make any zoning changes, the baseline AB 2923 zoning standards outlined in Table 1 would go into effect on the applicable parcels on July 1, 2022. It is a fast and less expensive approach but does not allow for any nuanced approaches and limits community input initially.
OR
2. Density, Height, and Parking Standards (6-Month Timeline; Recommended)
The City could proactively establish development standards, and parking standards to meet AB 2923 thresholds. These standards would be codified through a map amendment, and a new zoning district or an overlay. This task could include extending applicable Downtown Objective Design Standards to the AB 2923 parcels. In addition to a map and zoning text amendment this option would also require a General Plan amendment to adjust Goal LU-14 and Policy LU-14.1.
The Planning Commission has accepted staff’s recommendation and the matter will be discussed by the City Council in the coming month.
Links to staff reports