David Chiu
- Democratic
Author
(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 by ordinance new transit-oriented development (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, as defined. The bill would require that the adoption of, or amendments to, the TOD zoning standards comply with specified requirements and would require affected local jurisdictions to adopt a local zoning ordinance that conforms to the TOD zoning standards and is operative within 2 years of the date that the TOD zoning standards are adopted by the board for a station, or by July 1, 2022, if the board has not adopted TOD zoning standards for the station. The bill would provide that BART's approval of TOD zoning standards is subject to California Environmental Quality Act (CEQA) review and would designate BART as the lead agency for CEQA review, as specified. This bill would, where local zoning remains inconsistent with the TOD zoning standards after July 1, 2022, require the TOD zoning standards to become the local zoning for any BART-owned parcels that are at least 75% within 12 mile of any existing or planned BART station entrance within the BART district in areas represented on the board, as specified. The bill would require BART to ensure any otherwise applicable local design standards are included as general guidance to the TOD developer, and would require a TOD developer to 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. The bill would require that, where housing is proposed as part of a TOD project, a certain minimum of residential housing units is affordable housing, as specified, and that the construction of the TOD project complies with specified labor requirements. The bill would provide that when BART enters into an exclusive negotiating agreement with a developer for development of an eligible TOD project, that agreement shall confer a vested right to proceed with development, as specified. The bill would provide that its provisions are repealed on January 1, 2029, except as otherwise specified. The bill would enact other related provisions and exceptions. By increasing the duties of local public officials, the bill would impose a state-mandated local program. (2) The bill would include legislative findings and declarations in support of the act being a matter of statewide concern. (3) 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.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 1000, Statutes of 2018.
Enrolled and presented to the Governor at 3 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 46. Noes 28. Page 6731.).
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 25 pursuant to Assembly Rule 77.
Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 13. Page 5647.).
Read second time. Ordered to third reading.
From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 16).
Read second time and amended. Ordered returned to second reading.
In committee: Hearing postponed by committee.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 27).
From committee: Do pass and re-refer to Com. on GOV. & F. (Ayes 8. Noes 3.) (June 26). Re-referred to Com. on GOV. & F.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 42. Noes 32. Page 5634.)
Joint Rule 62(a), file notice suspended. (Page 5298.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 12. Noes 4.) (May 25).
In committee: Set, first hearing. Referred to APPR. suspense file.
Read second time and amended.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 3.) (April 23).
From committee: Do pass and re-refer to Com. on NAT. RES. (Ayes 5. Noes 3.) (April 18). Re-referred to Com. on NAT. RES.
Coauthors revised.
(pending re-referral to Com. on NAT. RES.)
Assembly Rule 56 suspended. (Page 4674.)
From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended.
In committee: Set, first hearing. Hearing canceled at the request of author.
Referred to Coms. on L. GOV. and NAT. RES.
From printer. May be heard in committee March 19.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB2923 | HTML |
| 02/16/18 - Introduced | |
| 04/11/18 - Amended Assembly | |
| 04/30/18 - Amended Assembly | |
| 07/02/18 - Amended Senate | |
| 08/17/18 - Amended Senate | |
| 08/29/18 - Enrolled | |
| 09/30/18 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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