The zoning laws of the City of Berkeley regarding BART station areas (as transit-oriented development zones) and areas near UC Berkeley (as a campus development zone) will likely be superseded or strongly constrained by the new state laws (AB 893 and SB 79) when housing development projects meet the state criteria for streamlined approval.

Here is a detailed breakdown of how these state laws apply to housing development near BART and UC Berkeley:

1. Zoning Impacts on UC Berkeley (Campus Development Zone - AB 893)

Assembly Bill 893 (AB 893) specifically targets housing development near major educational institutions by expanding streamlined review eligibility to properties within a "campus development zone".

• Definition and Applicability: A "campus development zone" means the set of parcels contained wholly or partially within a one-half mile radius of a "main campus" of the University of California (UC), the California State University (CSU), or the California Community Colleges. Since UC Berkeley is a University of California institution, surrounding parcels fall under this designation.

• Streamlined Review: Mixed-income housing developments located in a campus development zone are eligible for streamlined, ministerial review if they meet certain affordability and objective standards. Ministerial projects are exempt from the California Environmental Quality Act (CEQA) approval process.

• Superseding Local Zoning through Objective Standards: For a development project in a campus development zone to qualify for ministerial review, it must meet specific statewide objective development standards, which effectively override less permissive local zoning:

  • Density: For sites within a campus development zone located in a metropolitan jurisdiction (which Berkeley is), the allowable residential density must be the greater of the local maximum or 80 units per acre.

  • Height: For sites in a campus development zone located in a metropolitan jurisdiction, the height limit must be at least 65 feet.

  • Setbacks and Parking: For the portion of the property that fronts a commercial corridor or is in a campus development zone, no setbacks shall be required, and all aboveground parking must be set back at least 25 feet. Additionally, no parking shall be required whatsoever.

• Mandate: When a development proponent submits an application that meets the objective criteria under AB 893, the local government's review is limited to assessing consistency with those objective standards. If the local government determines the project is consistent, it must approve the development ministerially.

2. Zoning Impacts on BART (Transit-Oriented Development - SB 79)

Senate Bill 79 (SB 79) mandates increased housing density and streamlining near major transit hubs, which includes BART stations, defined as "transit-oriented development stops".

• State Preemption: SB 79 includes findings that the issue of housing supply is a matter of statewide concern, ensuring that the chapter applies to all cities, including charter cities (like Berkeley).

• Allowed Use and Density Override: A housing development project within a specified distance (up to one-half mile) of a transit-oriented development (TOD) stop is an allowed use as a transit-oriented housing development on any site zoned for residential, mixed, or commercial use, provided it meets state requirements.

• Minimum Standards: For projects near TOD stops, SB 79 dictates minimum density, height, and residential floor area ratio (FAR) standards, which local governments cannot impose limits below. For example:

  • Projects within one-quarter mile of a Tier 1 TOD stop (heavy rail, like BART) shall not have a height limit less than 75 feet and a maximum density less than 120 dwelling units per acre.

  • Projects further than one-quarter mile but within one-half mile of a Tier 1 TOD stop shall not have a height limit less than 65 feet and a maximum density less than 100 dwelling units per acre.

• Conflicting Local Laws: For a housing development project consistent with SB 79, any local zoning standard conflicting with the requirements of this chapter shall not apply. A development consistent with SB 79 standards and applicable local objective general plan and zoning standards is deemed consistent with local requirements.

• Streamlined Review Option: Projects proposed under SB 79 are eligible for streamlined ministerial approval under Section 65913.4, provided they meet certain affordability and site requirements.

Specific Impact on BART-Owned Land

SB 79 grants the transit agency's board of directors (BART) the authority to adopt specific agency TOD zoning standards for district-owned real property located in a TOD zone.

• If the local government (Berkeley) zoning ordinance is inconsistent with the agency's adopted TOD zoning standards for a station, the local government may adopt a conforming ordinance.

• If the local zoning does not conform to the agency TOD zoning standards after two years of adoption, the agency's standards shall become the local zoning for any eligible district-owned parcels (except for height limits exceeding the SB 79 adjacency intensifier standard).

Berkeley’s Contextual Progress

Berkeley is actively engaged in developing TOD housing:

• The city has already approved a mixed-use development application for the North Berkeley BART site for streamlined entitlements pursuant to AB 2011 (a related housing bill). This project includes 739 homes, 381 of which are affordable.

• Berkeley is also developing Objective Design Standards (ODS) for the Ashby BART West Lot, and is working under a Term Sheet executed with BART, indicating the city is planning for high-density development near these stations.

Summary

The state laws AB 893 (for UC Berkeley area) and SB 79 (for BART areas) create housing development pathways that mandate ministerial review and establish minimum density and height standards. When a proposed project meets the objective criteria set by these state laws, the local zoning requirements are superseded to the extent they are discretionary or conflict with the minimum standards required for the streamlined process. For BART-owned properties, the transit agency holds specific authority that can eventually override local zoning if the city fails to adopt conforming ordinances.

What about AC Transit on College?

Based on the sources provided, specifically Senate Bill 79 (SB 79) and Assembly Bill 893 (AB 893), a street with bus traffic may qualify as a component of a transit route that triggers specific housing development requirements, and the street width plays a defined role in determining the development standards (like density and height) that apply.

Here is a breakdown of what qualifies a street to be subject to the new transit-related requirements:

1. The Role of Street Width in Defining a "Commercial Corridor" (AB 893)

Assembly Bill 893 provides a specific definition for a "commercial corridor," which is a type of street adjacent to which housing development can qualify for streamlined review under the Affordable Housing and High Road Jobs Act of 2022:

• A “commercial corridor” means a street that is not a freeway and that has a right-of-way of at least 70 and not greater than 150 feet.

• For development projects seeking streamlined approval under AB 893, if the project site abuts a commercial corridor, it must have a frontage along that corridor of a minimum of 50 feet.

• The street width also influences the minimum density and height standards imposed by AB 893 for sites not near a major transit stop or campus development zone:

  • Sites located on a commercial corridor of less than 100 feet in width have a minimum height limit of 35 feet and, if the site is one acre or greater in a metropolitan jurisdiction, a minimum density of 40 units per acre.

  • Sites located on a commercial corridor of 100 feet in width or greater have a minimum height limit of 45 feet and, if the site is one acre or greater in a metropolitan jurisdiction, a minimum density of 60 units per acre.

2. How Bus Traffic Qualifies a "Transit-Oriented Development Stop" (SB 79)

Senate Bill 79 introduces the key concept of a "transit-oriented development stop" (TOD stop), which dictates the application of high-density housing requirements. This definition explicitly includes bus service as a qualifier:

• A “transit-oriented development stop” means a major transit stop, as defined by Section 21064.3 of the Public Resources Code, and also includes stops on a route that is served by:

  • heavy rail transit

  • very high frequency commuter rail

  • high frequency commuter rail

  • light rail transit

  • or bus service within an urban transit county meeting the standards of paragraph (1) of subdivision (a) of Section 21060.2 of the Public Resources Code.

The source specifically mentions the standards for bus service are found in paragraph (1) of subdivision (a) of Section 21060.2 of the Public Resources Code. While the full text of Section 21060.2 is not provided here, this citation confirms that specific criteria must be met for a bus route to qualify a stop as a TOD stop under SB 79, which then subjects nearby properties to state density requirements.

3. Requirements Triggered by Transit Routes

When a street with bus traffic qualifies a location as a Transit-Oriented Development Stop under SB 79, housing development within the resulting Transit-Oriented Development Zone (the area within one-half mile of the stop) is subject to several requirements:

• Allowed Use: A housing development project on any site zoned for residential, mixed, or commercial development within one-half mile of a TOD stop is an allowed use as a transit-oriented housing development.

• Minimum Density: The project must meet a minimum density of at least 30 dwelling units per acre.

• Height and Density Overrides: The project becomes subject to significant minimum height and density requirements, categorized by "tiers" and proximity (e.g., Tier 2 TOD stops served by qualifying bus service):

  • Within one-quarter mile of a Tier 2 TOD stop: minimum height 65 feet and maximum density no less than 100 dwelling units per acre.

  • Further than one-quarter mile but within one-half mile of a Tier 2 TOD stop (in a city with a population of at least 35,000): minimum height 55 feet and maximum density no less than 80 dwelling units per acre.

For projects that are immediately "adjacent" (within 200 feet of a pedestrian access point) to a TOD stop, an adjacency intensifier applies, increasing the height limit by an additional 20 feet and the maximum density standard by an additional 40 dwelling units per acre.

In summary, the street width determines if a street is considered a "commercial corridor" under AB 893, which provides a pathway for streamlined development. However, to qualify for the more aggressive density and height mandates of SB 79, the street must host a bus route that meets the specific standards defining a "transit-oriented development stop" as referenced in Section 21060.2 of the Public Resources Code.