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Real Estate/Development,
Construction,
Transportation

Jan. 10, 2018

SB 680: Transit-oriented development projects near BART

Senate Bill 680 extends the boundaries within which BART can pursue commercial, residential or mixed-use development from a quarter mile to a half-mile of its stations.

Amara Morrison

Partner, Wendel Rosen Black & Dean LLP

Email: amorrison@wendel.com

Amara practices land use, environmental law and public agency law. Morrison was previously a city attorney for the cities of Walnut Creek and Livermore where she worked extensively on the BART to Livermore project before joining private practice.

This past July, Gov. Jerry Brown signed into law Senate Bill 680, which extends the boundaries within which BART can pursue commercial, residential or mixed-use development from a quarter mile to a half-mile of its stations. SB 680 has now been codified as Public Utilities Code Section 29010.3.

BART estimates that extending the distance from a quarter mile to a half-mile (typically, a 10-minute walk) could result in the construction of an additional 20,000 housing units in the Bay Area by 2040, including 7,000 as affordable units.

The bill is consistent with other legislation that allows the distance for transit-oriented development for projects, such as transit villages and enhanced infrastructure financing districts, to be a half-mile.

Transit-oriented development is a key component of the state's efforts to significantly reduce greenhouse gas emissions by 2030, which is a target of the state's far-reaching SB 375. It is estimated that the amount of transit-oriented development allowed by SB 680 has the potential to reduce greenhouse gas emissions by up to 680,000 pounds per day. Transit-oriented development at BART stations is a critical step in encouraging growth of the region's housing stock (particularly affordable housing) and job opportunities in appropriate places and is expected to decrease dependence upon solo-occupancy vehicles. It also will help reduce long commutes within the Bay Area.

The new law still subjects these types of transit-oriented development projects to local land use and zoning regulations. Many local agencies use a "BART proximate" standard in determining parking standards for housing projects, so SB 680's more liberal standard should encourage local agencies to relax onerous parking standards during development project approval.

SB 680 was authored by Sen. Bob Wieckowski (D-Fremont), who represents the 10th Senate District, which includes southern Alameda County and portions of Santa Clara County.

The bill enjoyed the support of the Bay Area Council, the San Francisco Chamber, Non-Profit Housing Association of Northern California, San Francisco Bay Area Planning and Urban Research Association, North Bay Leadership Council and several other organizations.

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