2007 California Government Code Article 8.5. Transit Village Development Planning Act Of 1994

CA Codes (gov:65460-65460.11)

GOVERNMENT CODE
SECTION 65460-65460.11



65460.  This act shall be known, and may be cited, as the Transit
Village Development Planning Act of 1994.



65460.1.  (a) The Legislature hereby finds and declares all of the
following:
   (1) Federal, state, and local governments in California are
investing in new and expanded transit systems in areas throughout the
state, including Los Angeles County, the San Francisco Bay area, San
Diego County, Santa Clara County, and Sacramento County.
   (2) This public investment in transit is unrivaled in the state's
history and represents well over ten billion dollars
(,000,000,000) in planned investment alone.
   (3) Recent studies of transit ridership in California indicate
that persons who live within a quarter-mile radius of transit
stations utilize the transit system in far greater numbers than does
the general public living elsewhere.
   (4) The use of transit by persons living near transit stations is
particularly important given the decline of transit ridership in
California between 1980 and 1990. Transit's share of commute trips
dropped in all California metropolitan areas--greater Los Angeles:
5.4 percent to 4.8 percent; San Francisco Bay area: 11.9 percent to
10.0 percent; San Diego: 3.7 percent to 3.6 percent; Sacramento: 3.7
percent to 2.5 percent.
   (5) Only a few transit stations in California have any
concentration of housing proximate to the station.
   (6) Interest in clustering housing and commercial development
around transit stations, called transit villages, has gained momentum
in recent years.
   (b) For purposes of this article, the following definitions shall
apply:
   (1) "Bus hub" means an intersection of three or more bus routes,
with a minimum route headway of 10 minutes during peak hours.
   (2) "District" means a transit village development district as
defined in Section 65460.4.
   (3) "Peak hours" means the time between 7 a.m. to 10 a.m.,
inclusive, and 3 p.m. to 7 p.m., inclusive, Monday through Friday.
   (4) "Transit station" means a rail or light-rail station, ferry
terminal, bus hub, or bus transfer station.



65460.2.  A city or county may prepare a transit village plan for a
transit village development district that addresses the following
characteristics:
   (a) A neighborhood centered around a transit station that is
planned and designed so that residents, workers, shoppers, and others
find it convenient and attractive to patronize transit.
   (b) A mix of housing types, including apartments, within not more
than a quarter mile of the exterior boundary of the parcel on which
the transit station is located.
   (c) Other land uses, including a retail district oriented to the
transit station and civic uses, including day care centers and
libraries.
   (d) Pedestrian and bicycle access to the transit station, with
attractively designed and landscaped pathways.
   (e) A transit system that should encourage and facilitate
intermodal service, and access by modes other than single occupant
vehicles.
   (f) Demonstrable public benefits beyond the increase in transit
usage, including any five of the following:
   (1) Relief of traffic congestion.
   (2) Improved air quality.
   (3) Increased transit revenue yields.
   (4) Increased stock of affordable housing.
   (5) Redevelopment of depressed and marginal inner-city
neighborhoods.
   (6) Live-travel options for transit-needy groups.
   (7) Promotion of infill development and preservation of natural
resources.
   (8) Promotion of a safe, attractive, pedestrian-friendly
environment around transit stations.
   (9) Reduction of the need for additional travel by providing for
the sale of goods and services at transit stations.
   (10) Promotion of job opportunities.
   (11) Improved cost-effectiveness through the use of the existing
infrastructure.
   (12) Increased sales and property tax revenue.
   (13) Reduction in energy consumption.
   (g) Sites where a density bonus of at least 25 percent may be
granted pursuant to specified performance standards.
   (h) Other provisions that may be necessary, based on the report
prepared pursuant to subdivision (b) of former Section 14045, as
enacted by Section 3 of Chapter 1304 of the Statutes of 1990.



65460.3.  To increase transit ridership and to reduce vehicle
traffic on the highways, local, regional, and state plans should
direct new development close to the transit stations.  These entities
should provide financial incentives to implement these plans.




65460.4.  A transit village development district shall include all
land within not more than a quarter mile of the exterior boundary of
the parcel on which is located a transit station designated by the
legislative body of a city, county, or city and county that has
jurisdiction over the station area.



65460.5.  A city or county establishing a district and preparing a
plan pursuant to this article shall:
   (a) Be eligible for available transportation funding.
   (b) Receive assistance from the Office of Permit Assistance,
pursuant to Section 15399.53, in establishing an expedited permit
process pursuant to Section 15399.50, at the request of the city or
county.


65460.6.  An agency responsible for the preparation and adoption of
the congestion management program may exclude district impacts from
the determination of conformance with level of service standards
pursuant to subdivision (c) of Section 65089.3.




65460.7.  (a) A transit village plan shall be prepared, adopted, and
amended in the same manner as a general plan, except for plans
qualified as transit village plans pursuant to Section 65460.11.
   (b) A transit village plan may be repealed in the same manner as
it is required to be amended.



65460.8.  No transit village plan may be adopted or amended unless
the proposed plan or amendment is consistent with the general plan.



65460.9.  No local public works project may be approved, no
tentative map or parcel map for which a tentative map was not
required may be approved, and no zoning ordinance may be adopted or
amended within an area covered by a transit village plan unless it is
consistent with the adopted transit village plan.



65460.10.  A city, county, or city and county may require a
developer to enter into a development agreement pursuant to Article
2.5 (commencing with Section 65864) of Chapter 4 to implement a
density bonus specified in the transit village plan pursuant to
subdivision (g) of Section 65460.2.



65460.11.  Any portion of a specific plan or redevelopment plan
adopted prior to January 1, 2006, that conforms to the requirements
set forth in Section 65460.2, as amended by Chapter 42 of the
Statutes of 2004, may be declared a transit village plan by a city,
county, or city and county if that entity does both of the following:

   (a) After publishing a notice pursuant to Section 6061, in at
least one newspaper of general circulation within the entity's
jurisdiction at least 10 days prior to the public meeting, makes
findings and declarations demonstrating the conformity of the
existing plan to Section 65460.2, as amended by Chapter 42 of the
Statutes of 2004. The notice shall state the entity's intent to
declare a portion of the existing plan as a transit village plan,
describe the general location of the proposed transit village plan,
and state the date, time, and place of the public meeting.
   (b) Takes action prior to December 31, 2006, to declare that the
conforming plan constitutes its transit village plan.

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