Agda Pkt 2026.07.13 Joint SA PFA

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4/8/26 12 Transit Agency TOD Zoning Standards SB 79 grants transit agencies new authority to adopt TOD zoning standards for land they own within one-half mile of qualifying transit stops. (Section 65912.158). These TOD zoning standards will establish minimum local zoning requirements—such as height, density, FAR, and allowed uses—that apply to agency-owned parcels. Although this authority rests with the transit agency’s board of directors, local governments have opportunities to participate and influence the process. • Notice and consultation requirements. Before adopting or amending TOD zoning standards, the transit agency must hold a public hearing and consult directly with affected local governments and relevant infrastructure agencies. This consultation must include a review of the local jurisdiction’s housing needs, recently approved or proposed TOD projects, and any barriers to development. (Section 65912.158(c)(1)). • Public review period. Agencies must provide at least 30 days’ public notice before the board meeting where TOD standards are considered and must make draft standards available to the public during that time. (Section 65912.158(c)(2)–(3)). • Updating and applying local zoning. Where local zoning is inconsistent with the agency’s TOD zoning standards for a station, the local jurisdiction may adopt a local zoning ordinance that conforms to the agency’s TOD zoning standards. (Section 65912.158(e)). The transit agency is required to make a finding as to whether the local zoning ordinance conforms to the agency’s TOD zoning standards. (Section 65912.158(f)(2)). If, after two years of the date the agency’s TOD zoning standards are adopted, the local zoning still does not conform, the agency’s TOD zoning standards automatically take effect for the affected agency-owned parcels, except for height limits that exceed the standards in Section 65912.157, which are described in the above section on SB 79 Development Standards. (Section 65912.158(f)). Jurisdictions may continue to apply objective, written development standards so long as they are consistent with the agency’s adopted TOD zoning standards; where inconsistencies arise, the agency’s standards govern. (Section 65912.158(h)). • Good to know: AB 2923, effective January 1, 2019, granted the San Francisco Bay Area Rapid Transit District (BART) authority to set minimum TOD zoning standards for BART-owned parcels within one- half mile of its stations. (Public Utilities Code Sections 29010.1 et seq.) SB 79 is silent on its interaction with these provisions. AB 2923 remains in effect until it expires on January 1, 2029, unless it is extended by the Legislature. 8.A. - Page 30 of 97 248