California gives BART control over development at its stations

BART’s West Dublin/Pleasanton parking lot. BART’s West Dublin/Pleasanton parking lot. Photo: Michael Macor / The Chronicle Buy photo Photo: Michael Macor / The Chronicle Image 1 of / 14 Caption Close California gives BART control over development at its stations 1 / 14 Back to Gallery

BART can draft plans to fill empty station parking lots with dense housing and shops, under a state law that Gov. Jerry Brown signed late Sunday.

The bill empowers the transit agency to zone its properties — an estimated 250 acres of blank asphalt — and limits cities’ ability to delay or obstruct development.

“We can no longer afford to say no to building housing, especially around transit hubs,” said Democratic Assemblyman David Chiu of San Francisco, lead author of AB2923. He and his co-sponsor, Democratic Assemblyman Tim Grayson of Concord, pitched their idea as a sensible solution to two gnawing regional problems: traffic congestion and the housing crisis.

They say BART could replace surface parking spaces with compact parking structures — going vertical instead of sprawling. Supporters said the bill would add 20,000 new homes and ease pressure on jammed freeways.

But the bill ran into resistance from mayors and city councils throughout the East Bay, where most of of BART’s parking lots are located. Although many of the detractors professed support for transit-oriented development, they chafed at the idea of BART having authority over land use.

BART recently committed to build out its lots by 2040, producing 20,000 units of housing and 4.5 million square feet of commercial space, including child care and educational facilities. Supporters of AB2923 say the transit agency needs to move faster than that, to avoid being bogged down in negotiations.

Such negotiations nearly derailed a project in Millbrae, which was approved by a 3-2 City Council vote in March after 10 years of discussion. It promises to bring 400 housing units — a fifth of them affordable to low-income families — plus 150,000 square feet of office space, and 30,000 square feet of retail.

The Walnut Creek Transit Village, which recently broke ground, also took a long time to gestate: BART’s board first approved plans to fill the station lot in 2000. It’s expected to deliver 600 homes when construction ends four or five years from now.

Chiu and Grayson’s bill limits building heights to one story higher than structures in the surrounding area. At least one-third of the housing would be affordable to low- and moderate-income families.

In Lafayette, Chiu’s housing idea became a major point of contention among city officials. City Manager Steven Falk cited Lafayette’s opposition to the bill in his resignation letter last week, which chided the city for land use policies that hurt the environment and exaccerbate a regional housing shortage.

“I believe that adding mutifamily housing at the BART station is the best way for Lafayette to do its part, and it has therefore become increasingly difficult for me to support, advocate for, or implement policies that would thwart transit dentiy,” Falk wrote. “My conscience won’t allow it.”

My letter of resignation. pic.twitter.com/GkyAAxtfLq — Steven Falk (@Steven_B_Falk) September 27, 2018

The state may face a lawsuit to prevent the law from taking effect, said Lafayette Mayor Don Tatzin, who opposed the bill. The argument, he said, is that zoning power should be reserved for cities and counties.

Tatzin said he has not taken part in discussions about a possible lawsuit, though he’s aware that some are taking place. He said he’s not sure who would initiate the suit.

Republican Assemblywoman Catharine Baker of San Ramon, whose district includes five BART stations in the Tri-Valley area, was among the bill’s chief critics. She gave a strong dissenting speech before it passed the Legislature, saying BART cannot be trusted to make development decisions because the agency has struggled to quell crime and keep its equipment from breaking down.

BART Board Director Nick Josefowitz pushed back, saying the law sets up a collaborative process between the transit system and city leaders, producing tens of thousands of affordable homes within steps of BART stations. Josefowitz approached Chiu last year with the idea that led to AB2923.

On Sunday night he issued a statement applauding Brown for “having the courage” to sign it.

Rachel Swan is a San Francisco Chronicle staff writer. Email: rswan@sfchronicle.com Twitter: @rachelswan