Tag Archives: AB 2923
California’s Pioneering Legislation To Regulate Local Zoning Near Select BART Stations
Posted on October 2, 2018, 1:59 pm By

California’s legislature may have whiffed this year on SB 827, a comprehensive measure to boost housing near major transit stops this year. But state leaders ended up passing a significant and pioneering bill (now law, with Governor Brown’s signature on Sunday) that forces development on land owned by BART around its rail stations. It could be a precursor to future state efforts to limit local restrictions on development near transit.

Image result for AB 2923 mapAB 2923 (Chiu) requires the BART board to adopt new development standards for height, density, parking, and floor area ratios on land the agency owns within one-half mile of each of its stations. Local governments then have two years to conform their zoning with these standards — or else the standards become de facto land use policy.

The agency standards are limited to some extent, as height can only go as high as a certain percentage of surrounding buildings, and any net loss of parking for commuters has to be addressed through improved access. Furthermore, the parcels have to be owned by BART as of July 1, 2018, so BART can’t go on a buying spree to develop more land down the road.

So why was this law successful where the statewide SB 827 approach failed? Three reasons:

  1. AB 2923 covers a relatively tiny geographical area, just within the San Francisco Bay Area, thus minimizing potential opposition with a smaller scope (although suburban BART communities certainly freaked out to no avail); see map above;
  2. It includes mandatory affordable housing requirements for any new housing built under these standards, plus union workforce requirements, bringing two crucial constituencies on board to support it; and
  3. It only affects BART-owned land of primarily non-residential parking lots, which means there is no risk of displacing existing residents and raising the ire of groups dedicated to protecting low-income renters.

So what’s next? First, opponents are likely to sue to overturn the law, although I don’t think they’ll have a strong legal case given that other state-charted agencies have similar land use authority.

But more importantly, this legislation could encourage other California transit agencies in cities like Sacramento, Los Angeles and San Diego to request similar land use authority, broadening the scope of its application significantly. Furthermore, it could encourage the state to get more involved in limiting local regulation of land use near transit in general.

So while the legislature did not manage a comprehensive housing fix this term, it may have laid the conceptual foundation with AB 2923 for a new statewide approach to boosting housing near transit.

1 comment Categories: high density, Rail Transit, smart growth, Uncategorized Tags: ,
City Of Berkeley May Vote To Oppose State Bill To Boost BART Property Development — My Comment Letter
Posted on May 29, 2018, 2:36 pm By

The City of Berkeley once had a reputation as a progressive, environmental leader. But now some members of its city council seem intent on preventing new development in this transit-rich, low-carbon city — an attitude that is both exclusionary and bad for the environment. The result is fewer transit riders and homes near jobs — and more sprawl and pollution as new residents are pushed far from the city center.

This issue is once again put to the test when the city council tonight debates whether to oppose AB 2923 (Chiu), a bill to allow BART to develop its own properties near station entrances. Berkeley is barely affected by the bill, as it would only allow new land use rules at one BART station: the parking lot at North Berkeley. Still, the NIMBY forces are out in effect for this resolution tonight.

Together with my UC Berkeley colleagues Karen Chapple and Elizabeth Deakin, along with Paulson Institute senior fellow (and Berkeley alum) Kate Gordon, I submitted a letter today asking the council to support AB 2923. Let’s hope the members support this innovative bill to allow badly needed new housing adjacent to major transit, so that others may enjoy the benefits that current Berkeley residents have.

It would not only be the right policy choice but an affirmation of the welcoming and open-minded spirit for which the city of my birth was once known.

UPDATE: The City Council approved the measure opposing AB 2923. The bill heads to the Assembly floor this week for a vote.

No comments yet Categories: Greenhouse Gas Reduction, high density, Rail Transit, smart growth Tags: ,
BART’s Bid To Boost Better Building
Posted on May 22, 2018, 10:53 am By

Of all the new housing bills in California this year, perhaps the most interesting is a relatively small-scale proposal by San Francisco’s Bay Area Rapid Transit (BART) that could become a statewide model. AB 2923 (Chiu) would essentially allow BART to adopt local zoning standards for land it owns within one-half mile of an existing or planned BART station entrance.

The problem the bill is trying to solve is that many BART-owned parcels near the stations are wastes of space. They’re typically surface parking lots, which is a highly inefficient use for high-value land near BART. Adding underground parking (if any) and building housing and offices above would generate more riders per square foot and therefore reduce the taxpayer subsidies required to operate BART.

There are added benefits to this kind of BART parcel development. More offices in “reverse commute” areas on the BART system would help offset the peak ridership crush, as more workers could travel in the less-crowded direction. And more BART development could help spur building on surrounding parcels by bringing in more residents and workers and therefore more demand for nearby services and housing.

But this development won’t happen on its own. In many cases, local governments with land use control over the station areas restrict this development from happening. Hence the need for BART to propose this bill.

AB 2923 would start by spurring the elected BART board leaders to adopt transit-oriented development (TOD) guidelines by a majority vote. The guidelines must establish minimum local zoning requirements for BART-owned land on any contiguous parcels larger than one-quarter acres, within one-half mile a station entrance.

This step by itself is not a big deal, as BART already has TOD guidelines in place for many stations. The real kicker is that AB 2923 would then require local jurisdictions to adopt an ordinance that incorporates the TOD zoning standards within two years from when they were approved by BART.

In some ways, the bill is not that big of a deal. Since it only affects BART-owned land, most station area parcels are unaffected (in some station areas, BART doesn’t even own any land).

But in other ways, it would mark an important step by giving a transit agency land use control over their own parcels. If it works, it could become a model for transit agencies across the state. Since the success of a transit system ultimately depends on supportive land use, for too long these agencies have been at the mercy of local governments that are unwilling to commit to dense development near the stations. Now, under AB 2923, they would finally have some control over their destiny. It would be a win for the agencies — and for taxpayers and system riders.

1 comment Categories: high density, Rail Transit, smart growth, Uncategorized Tags: ,