California Public Utilities Code § 29010.6

Public Utilities Code
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(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 standard

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