CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF MARCH 7, 2022
MINUTES
CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of March 7, 2022 of the City Council of the City of Foster City, sitting as said Council and as ex officio the Board of Directors of the Estero Municipal Improvement District (EMID), was called to order at 6:30 p.m. by Mayor/President Richa Awasthi.
Pursuant to Governor Newsom’s Executive Order N-29-20, as amended through Order N-08-21, the meeting was held as a hybrid meeting.
ROLL CALL
The Deputy City Clerk/Deputy Recording Secretary called the roll:
PRESENT: Councilmembers/ex officio Directors Jon Froomin, Sanjay Gehani, Sam Hindi, Patrick Sullivan, and Mayor/President Richa Awasthi.
ABSENT: None.
STAFF PRESENT: Kevin Miller, Interim City/District Manager, Benjamin Stock, City Attorney/District Legal Counsel; Jennifer Phan, Interim Deputy City Manager; Edmund Suen, Finance Director; Marlene Subhashini, Community Development Director; Maria Saguisag-Sid, Human Resources Director; Tracy Avelar, Police Chief; Louis Sun, Public Works Director; Rob Lasky, IT Manager; Leslie Carmichael, Consulting Planner; Tiffany Oren, Recreation Manager; Justin Lai, Associate Civil Engineer; Dusty Landwehr, Recreation Coordinator; Shuli Chen, Video Technician and Yelena Cappello, Deputy City Clerk/Deputy Recording Secretary.
SPECIAL PRESENTATIONS
PROCLAMATION RECOGNIZING MARCH 2022 AS WOMEN'S HISTORY MONTH.
Mayor Awasthi presented the proclamation recognizing March 2022 as Women’s History Month to Margaret Lukens and Kathy Wheeler representing the League of Women Voters, and Nirmala Bandra and Candra Williams, representing the San Mateo County Commission on the Status of Women.
PUBLIC
Eva Hess addressed the City Council in person regarding housing.
Without objection from the City Council, Mayor Awasthi took “Youth Advisory Committee's 2021 Year End Report, Review of Mission Statement, and Goals for 2022” out of agenda order.
REPORTS
YOUTH ADVISORY COMMITTEE'S 2021 YEAR END REPORT, REVIEW OF MISSION STATEMENT, AND GOALS FOR 2022. MINUTE ORDER NO. 1842.
Youth Advisory Committee Chair Sophia Gomes presented the Youth Advisory Committee’s 2021 Year End Report, Review of Mission Statement, and Goals for 2022.
Motion by Councilmember Gehani, seconded by Vice Mayor Froomin, and carried unanimously by roll call vote, 5-0-0, adopting Minute Order No. 1842, receiving and accepting the Youth Advisory Committee's 2021 Year End Report, Review of Mission Statement, and Goals for 2022.
CONSENT CALENDAR
Motion by Councilmember/Director Hindi, seconded by Councilmember/Director Gehani, and carried unanimously by roll call vote, 5-0-0, approving the following items on the City/District Consent Calendar:
City/EMID Consent Calendar
1. Minutes of Special Meeting of February 17, 2022;
2. Minutes of Regular Meeting of February 22, 2022; and
3. City Resolution No. 2022-20, “A Resolution of the City Council of the City of Foster City Approving the Plans and Specifications and Authorizing the Call for Bids for the New Traffic Signals at Various Locations Project (CIP 301-681).”
PUBLIC HEARING
BELOW MARKET RATE INCLUSIONARY HOUSING PROGRAM (RZ2021-0004), AFFORDABLE HOUSING OVERLAY COMBINING DISTRICT (RZ2019-0001), ZONING
OF SEVEN APARTMENT PROPERTIES WITHIN AFFORDABLE HOUSING OVERLAY COMBINING DISTRICT (RZ2020-0001), AND ESTABLISHING RATES FOR A BELOW MARKET RATE HOUSING IN-LIEU FEE. CITY RESOLUTION NO. 2022-21.
Mayor Awasthi opened a public hearing to hear and consider public comments regarding Below Market Rate Inclusionary Housing Program (RZ2021-0004), Affordable Housing Overlay Combining District (RZ2019-0001), Zoning of Seven Apartment Properties Within Affordable Housing Overlay Combining District (RZ2020-0001), and Establishing Rates for a Below Market Rate Housing In-Lieu Fee.
Community Development Director Subhashini and Consultant Planner Carmichael presented the staff report.
The following people addressed the City Council via email:
1. Connie Vial;
2. Charles and Linda du Mee, 18 Coral Lane;
3. Terry Kao, 110 Williams Lane;
4. Ran Lin, 465 Chesapeake Avenue;
5. Shreya Reddy;
6. Meggan and James Swenson;
7. Grace Castillo, 26 Port Royal Avenue;
8. Aileen Catanzarita, 412 Chesapeake Avenue;
9. Yue Wu; and
10. Kalisha Webster, representing Housing Choices.
The following people addressed the City Council in person:
1. Lorne Needle, 14 Lyme Lane;
2. Don Carlson, 288 Boothbay Avenue; and
3. Jack Bearden.
The following people addressed the City Council via teleconference:
1. Charles du Mee;
2. Shreya Reddy (SR); and
3. Prakash.
Without objection from the City Council, Mayor Awasthi closed the public hearing.
Discussion ensued.
Motion by Councilmember Hindi, seconded by Vice Mayor Froomin, and carried by roll call vote, 4-1-0, Councilmember Gehani voted “no”, to introduce “An Ordinance of the City of Foster City Adding a New Chapter 17.90, Below Market Rate Inclusionary Housing Program, to Title 17, Zoning, of the Foster City Municipal Code Relating to Inclusionary Housing” by title and waive further reading with amendments to add to the end of section
17.90.040.A “as applicable to the demolished units.”
Motion by Councilmember Hindi, seconded by Councilmember Sullivan, and carried by roll call vote, 4-1-0, Councilmember Gehani voted “no”, to pass ordinance to second reading.
Motion by Vice Mayor Froomin, seconded by Councilmember Sullivan, and carried unanimously by roll call vote, 5-0-0, to reconsider “An Ordinance of the City of Foster City Adding a New Chapter 17.90, Below Market Rate Inclusionary Housing Program, to Title 17, Zoning, of the Foster City Municipal Code Relating to Inclusionary Housing.”
Motion by Councilmember Sullivan, seconded by Vice Mayor Froomin, and carried unanimously by roll call vote, 5-0-0, to introduce “An Ordinance of the City of Foster City Adding a New Chapter 17.90, Below Market Rate Inclusionary Housing Program, to Title 17, Zoning, of the Foster City Municipal Code Relating to Inclusionary Housing” by title and waive further reading with amendments to add to the end of section 17.90.040.A “as applicable to the demolished units”; remove section 17.90.080.A. providing for payment of below market rate housing in lieu fee as an alternative for developments over 10 units or more; and any conforming changes to recitals, findings and ordinance.
Motion by Councilmember Gehani, seconded by Vice Mayor Froomin, and carried unanimously by roll call vote, 5-0-0, to pass ordinance to second reading.
Motion by Vice Mayor Froomin, seconded by Councilmember Hindi, and carried unanimously by roll call vote, 5-0-0, to introduce “An Ordinance of the City of Foster City Adding a New Chapter 17.92, Affordable Housing Overlay Combining District, to Title 17, Zoning, of the Foster City Municipal Code” by title and waive further reading with amendments to add “or (ii) in a residential development project that will require the demolition of dwelling units, the number of dwelling units demolished, provided the residential development project will create at least as many dwelling units as will be demolished and otherwise complies with the requirements of California Government Code Section 666300 (d), as applicable to the demolished units” to end of section
17.92.040.B; change the 15% inclusionary option to a requirement by deleting language “may instead choose to” in section 17.92.040.A and replacing it with “shall”; and any conforming changes to recitals, findings and ordinance.
Motion by Vice Mayor Froomin, seconded by Councilmember Gehani, and carried unanimously by roll call vote, 5-0-0, to pass ordinance to second reading.
Motion by Councilmember Sullivan, seconded by Vice Mayor Froomin, and carried by roll call vote, 4-1-0, Councilmember Gehani voted “no” to introduce “An Ordinance of the City of Foster City Amending the Foster City Zoning Map to Zone Certain Properties Within the Affordable Housing Overlay Combining District” by title and waive further reading.
Motion by Vice Mayor Froomin, seconded by Councilmember Sullivan, and carried by roll call vote, 4-1-0, Councilmember Gehani voted “no” to pass ordinance to second reading.
Motion by Councilmember Gehani, seconded by Vice Mayor Froomin, and carried unanimously by roll call vote, 5-0-0, to adopt City Resolution No. 2022-21 “A Resolution of the City Council of the City of Foster City Amending the City’s Master Fee Schedule to Adopt a Fee for Below Market Rate Housing In-Lieu Fees.”
RECESS. The Mayor/President recessed the meeting from 9:05 pm – 9:10 pm.
REPORTS
RECREATION CENTER PROJECT UPDATE - NEXT STEPS. MINUTE ORDER NO.1843.
Interim City Manager Miller and Public Works Director Sun presented the staff report.
Susan Lessin addressed the City Council via teleconference.
Discussion ensued.
Motion by Vice Mayor Froomin, seconded by Councilmember Sullivan, and carried unanimously by roll call vote, 5-0-0, adopting Minute Order No. 1843, directing staff to:
1. Confirm the City Council’s intent to adopt a resolution appropriating Transfer Outs of $36 million from the Capital Asset Acquisition and Replacement Fund (CAAR Fund 326) and $19 million from General Fund reserves to City CIP Fund 301 for the Recreation Center Replacement Project (CIP 301-678) and increasing the CIP 301-678 expenditure budget by $55 million as part of the Annual Budget;
2. Proceed with the Request for Proposals process for design services, construction management services, construction inspection services, and materials testing; and
3. Proceed with the request for additional staffing of two positions to support the project, which will be submitted for City Council review at the Budget Study Session Meeting on May 9, 2022, and will ultimately be approved concurrently with adoption of the City budget.
REPORT ON GENERAL FUND REVENUE ENHANCEMENT BALLOT MEASURES.
MINUTE ORDER NO. 1844.
Finance Director Suen presented the staff report.
Discussion ensued.
Motion by Councilmember Gehani, seconded by Vice Mayor Froomin, and carried unanimously by roll call vote, 5-0-0, adopting Minute Order No. 1844, receiving and accepting the report on General Fund Revenue Enhancement Ballot Measures.
RESOLUTIONS FOR ADOPTION
REVENUES AND EXPENDITURES BUDGET FOR THE REMAINDER OF FY 2021- 2022 FOR THE WORKFORCE HOUSING FUND (FUND 139). CITY RESOLUTION NO. 2022-22.
Community Development Director Subhashini and Consulting Planner Carmichael presented the staff report.
Discussion ensued.
Motion by Councilmember Hindi, seconded by Vice Mayor Froomin, and carried by roll call vote, 4-0-1, Councilmember Sullivan abstained, adopting City Resolution No. 2022- 22, “A Resolution of the City Council of the City of Foster City Providing Direction and Approving Revenues and Expenditures Budget for the Remainder of FY 2021-2022 for the Workforce Housing Fund (Fund 139)” with amendments to proceed with item 1 and 5 as presented in the resolution, proceeding with redesignating 5 moderate income Below Market Rate Units to 2 very low income units and 3 low income units, and using funds from the from the Capital Asset Acquisition and Replacement Fund (CAARF) to complete the purchase of the Workforce Housing Apartments approved by Resolution No. 2019-
72. COMMUNICATIONS
CITY/DISTRICT WARRANT OF DEMANDS. NO ACTION TAKEN.
City/District Warrants of Demands were Processed and Issued on February 5, 2022 and February 15, 2022; ACH were Processed on January 27, 2022, February 5, 2022 and February 15, 2022.
COUNCIL/BOARD STATEMENTS AND REQUESTS, COUNCIL LIAISON REPORTS,
AND CITY/DISTRICT MANAGER REPORTS
Councilmember/Director Sullivan stated he participated in the One Day Homeless Count and Survey for San Mateo County. On February 24, he joined a tour of the Levee Project, and on March 4, he attended Leadership training.
Councilmember/Director Gehani stated he attended the Council of Cities meeting on February 25 with Vice Mayor Froomin and Councilmember Hindi.
Vice Mayor/Vice President Froomin welcomed the public back to in person meetings.
Mayor/President Awasthi stated she joined the Levee Project tour on February 28 and thanked Public Works Director Sun and Senior Engineer Magno for the informative tour.
She stated she participated in the Read Aloud at Beach Park Elementary School and said it was a great experience.
CLOSED SESSION
Mayor/President Awasthi recessed the meeting into Closed Session for:
1. Conference with Legal Counsel – Existing Litigation (Government Code § 54956.9(d)(1)):
High Level Training Center LLC (aka Gold Medal Martial Arts), U.S. Bankruptcy Court California Northern Bankruptcy Court – Case number: 21-30452;
2. Public Employee Appointment (Government Code §54957) Title: City Manager; and
3. Report Out from Closed Session.
Meeting recessed into Closed Session at 11:06 p.m. and reconvened at 11:40 p.m.
City Attorney Stock reported that no action was taken in Closed Session.
ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Awasthi adjourned the meeting. Meeting adjourned at 11:40 p.m.
From: Connie Vial
To: Foster City Public Comment
Cc: Connie Vial; [email protected]; Yelena Cappello; Priscilla Schaus; Laurie Rith; Rob Lasky; Aaron Siu; Austin Walsh
Subject: Redevelopment of Lantern Cove apartments
Date: Tuesday, February 22, 2022 2:27:50 PM
Foster City council Members:
I am strongly oppose to the redevelopment of Lantern Cove apartments and to add this project to the AHO housing district.
Thanks for your consideration and for listening to the concerns of Foster City residents.
Kindest regards,
Connie Vial, GRI
Broker/Owner
Vial Properties
[email protected]
Office:
650-578-0885
Cell & text: 650-799-0918
Website: www.vialproperties.com
CalBRE: #00833411
Thank you for referring your family and friends!
Sent from my iPad
From: Charles du Mee
To: Sanjay Gehani-Councilmember; Richa Awasthi-Mayor; Jon Froomin-Vice Mayor; Sam Hindi-Councilmember; Patrick Sullivan-Councilmember; Foster City Public Comment; Yelena Cappello; [email protected] Cc: [email protected]; Yelena Cappello; Priscilla Schaus; Laurie Rith; Rob Lasky; Aaron Siu; Austin Walsh
Subject: Lantern Cove re-Development – NO!
Date: Wednesday, February 23, 2022 11:48:17 AM
To the FC Mayor and Council Members,
Regarding the proposal for the re-development of Lantern Cove Apartments.
We have written to you before. We are homeowners next door to the Lantern Cove Apartments. While we understand the need for an increase in affordable housing, Lantern Cove is not the right place for expansion. New housing should be near to an entrance/exit to Foster City, so the increase in traffic can be absorbed. Lantern Cove is about as far from an
exit/entrance to Foster City as possible. This would increase the traffic and affect safety not
just in this neighborhood, but in all neighborhoods between here and an entrance/exit to Foster City.
This would include Port Royal Avenue, Beach Park Blvd., Polaris Ave. behind Foster City School and Boothbay Ave., among others, where there are a lot of children and cyclists.
There seem to be far better locations for this in Foster City, such as near the Mariners Point Golf Center, almost empty office space on the corner of Edgewater/Metro Center Blvd., the corner of Foster City Blvd. and Metro Center Blvd., E. 3 rd Ave and Lincoln Center Drive, New
Foster City Park/Bridgeview Park off Beach Park Blvd., and a lot of parking lots that could be converted off Foster City Blvd. in front of City Hall to the PJCC, which is near facilities, shopping and public transportation, to name a few. There are other open areas, such as by Sea Cloud Park, but which also maybe too far from an entrance/exit to Foster City.
A novel idea: The open area by the Foster City Sign trail: You could design buildings in the shape of FOSTER CITY – 10 buildings - which could be seen from space!
We, and all of our neighbors, are strongly opposed to expansion at the Lantern Cove location.
Thank you for your service to the City of Foster City.
Sincerely,
Charles and Linda du Mée
18 Coral Lane
Foster City, CA 94404
From: Terry Kao
To: Foster City Public Comment
Cc: [email protected]; Yelena Cappello; Priscilla Schaus; Laurie Rith; Rob Lasky; Aaron Siu; Austin Walsh
Subject: Public - Terry Kao / 110 Williams Lane, Foster City, CA 94404 Date: Monday, February 28, 2022 9:53:33 AM
We live near Lantern Cove, as a homeowner in the Williams Landing community, and are strongly opposed to redeveloping it, and to adding it to the AHO housing district.
We don't want high-rise apartments or a 300-car garage. This will create too much traffic on a two-lane road, Port Royal. As a parent, it will create safety risks for our kids. It will hurt property values, and force many of our Lantern Cove neighbors to lose their homes. The city's AHO housing district already includes 5 other developments that are more appropriate for this, and are closer to the freeways and major avenues.
Vote 'NO' on March 7 to adding Lantern Cove to the AHO housing district, and vote 'NO' on any application to redevelop Lantern Cove.
Thank you.
Sincerely,
Terry Kao
110 Williams Ln
Foster City, CA 94404
From: Ran Lin
To: Foster City Public Comment
Cc: [email protected]; Yelena Cappello; Priscilla Schaus; Laurie Rith; Rob Lasky; Aaron Siu; Austin Walsh
Subject: Public
Date: Monday, February 28, 2022 7:40:59 PM
We live near Lantern Cove in Foster City. We strongly oppose the redevelopment of Lantern Cove and adding Lantern Cove to the AHO housing district.
Please vote 'NO' on March 7th to adding lantern cove to the AHO housing district and vote NO on any applications to redevelop Lantern Cove!
Thank you
Sincerely,
Ran
465
Chesapeake Ave, Foster City, CA 94404
From: Shreya Reddy
To: Foster City Public Comment
Cc: [email protected]; Yelena Cappello; Priscilla Schaus; Laurie Rith; Rob Lasky; Aaron Siu; Austin Walsh
Subject: Public
Date: Wednesday, March 2, 2022 7:13:34 PM
Dear council member,
Please vote NO to stop greedy developers leeching off our apartment and leaving us stranded without homes.
Thank you,
A resident of lantern cove
From: Meggan Craviotto
To: Foster City Public Comment
Cc: James Swenson; [email protected]; Yelena Cappello; Priscilla Schaus; Laurie Rith; Rob Lasky; Aaron Siu; Austin Walsh
Subject: Stop Redevelopment of Lantern Cove- VOTE NO!
Date: Thursday, March 3, 2022 9:06:07 AM
To Whom it May Concern-
I hope you all are doing well.
My husband and I wanted to email you expressing my concerns on the Redevelopment of Lantern Cove.
We have lived in Lantern Cove for 2 years now, and absolutely love the safe environment and the quietness we have. Its a small community with friendly neighbors, and couldn't ask for more.
The last thing we want added to our community is high rise apartments with a 300 car parking garage, along with adding it to the AHO housing district! This will just create
a HUGE mess in the quiet community. This will create to much traffic on a two lane road (Port Royal) and create more dangers/risks for the kids in the neighborhood riding their bikes and playing outside.
Safety comes first in this quiet neighbor, this is
why we moved here.
We are VERY OPPOSED to the Redevelopment of Lantern Cove, we VOTE NO. We would highly recommend you reconsidering this.
Sincerely,
Meggan and James Swenson
2 year Lantern Cove residents
From: Grace Castillo
To: Richa Awasthi-Mayor; Jon Froomin-Vice Mayor; Sanjay Gehani-Councilmember; Sam Hindi-Councilmember; Patrick Sullivan-Councilmember; Foster City Public Comment Cc: [email protected]; Yelena Cappello; Priscilla Schaus; Laurie Rith; Rob Lasky; Aaron Siu; Austin Walsh
Subject: Public
Date: Friday, March 4, 2022 3:57:45 PM
Dear City Council Members,
We live in front of Lantern Cove, and are strongly opposed to redeveloping it, and to adding Lantern Cove to the AHO housing district.
We don't want high rise apartment or a 300 car garage. This will create too much traffic on a two lane road, Port Royal. It will create safety risks for our kids. It will hurt property values, and force many of our Lantern Cove neighbors to lose their homes.
The city's AHO housing district already includes 5 other developments that are more appropriate for this, and are closer to the freeways and major avenues.
Please Vote 'NO' on March 7 to adding Lantern Cove to the AHO housing district, and vote 'NO' on any application to redeveloped Lantern Cove.
Thank you.
Sincerely,
Grace Castillo
26 Port Royal Avenue, Foster City resident
From: Aileen Catanzarita
To: Foster City Public Comment
Cc: Richa Awasthi-Mayor; Jon Froomin-Vice Mayor; Sanjay Gehani-Councilmember; Sam Hindi-Councilmember; Patrick Sullivan-Councilmember; [email protected]; Yelena Cappello; Priscilla Schaus; Laurie Rith; Rob Lasky; Aaron Siu; Austin Walsh Subject: Public Comment for 3/7/22 City Council Meeting Date: Sunday, March 6, 2022 3:44:42 PM
Aileen Catanzarita
412 Chesapeake Ave, FC CA 94404
1 Consideration of Below Market Rate Inclusionary Housing Program (RZ2021-0004), Affordable Housing Overlay Combining District (RZ2019-0001), Zoning of Seven Apartment Properties Within Affordable Housing Overlay Combining District (RZ2020-0001), and Establishing Rates for a Below Market Rate Housing In-Lieu Fee
Here are reasons to Vote NO on the redevelopment of the Lantern Cove property on Port Royal Avenue:
Smart Growth:
One goal of the Foster City Climate Action Plan is TL1: Implement Smart Growth Development. That requires asking if the developer’s proposal accommodates growth that will lead to high quality of life for current Foster City residents. The problem is when the density is not well organized or planned and that is the issue with Lantern Cove. HOW Foster City grows matters.
Affordable Housing:
We should be talking about affordable living. If your rent is low but you must spend a disproportionately large share of your time and income on transportation, then your living situation is not affordable.
Greed:
The redevelopment of Lantern Cove apartments project in our neighborhood is about greed. Equity Residential has admitted they are looking for a deal so they can develop the sites they already own. All private developers’ goals are to make profits and their success is tied to maximizing investor return. This takes priority over delivering what is best for the community.
Lantern Cove Proposal Considerations:
TRAFFIC & SAFETY: Poorly managed growth results in congested roads and cut-thru traffic which jeopardizes the safety of neighborhood streets. Our roads were not meant to handle excessive volumes of traffic. The American dream has become the American nightmare for many stressed out people who commute to and from Foster City. Lantern Cove neighborhood walk score is 21. We must drive to work, school, big box stores and to dine in neighboring cities.
PUBLIC TRANSPORTATION & PARKING: As a mother who has fought to get buses for our teens to get to and from high school, I can tell you that Foster City public transportation infrastructure is not there to support residents. It is laughable to non-existent. Our realistic transportation option is a car. And yet, Equity Residential is lowering the ratio of per unit parking spaces at Lantern Cove. How do they justify that? There will be spillover parking onto
residential streets
MAXIMUM OCCUPANCY & EXIT ROUTES: If the apartment project is approved our city council would not ensure safe living conditions because we will exceed maximum occupancy in Neighborhood 8 (Bays). Foster City is an island. In emergency planning, OSHA and fire codes state the number of exit routes must be adequate. Current Foster City residents have the right to a safe city where, if need be, we can evacuate promptly through our three options. Have you seen the people trying to leave Sea Cloud park on AYSO’s opening day?
SCHOOLS: Foster City schools are already overcrowded.
Foster City’s infrastructure cannot support this greedy and hazardous redevelopment idea.
This proposal does not meet YOUR goal of Smart Growth Development. Vote NO to redeveloping Lantern Cove Apartments.
From: Yue Wu
To: Foster City Public Comment
Cc: [email protected]; Yelena Cappello; Priscilla Schaus; Laurie Rith; Rob Lasky; Aaron Siu; Austin Walsh
Subject: Public
Date: Monday, March 7, 2022 10:55:57 AM
I have been a resident and owner of a property in Foster City for more than 5 years. Our families always love the neighborhood here. I am writing to you to VOTE NO on the
Redevelopment of Lantern Cove project. Please help us protect the neighborhood and offer children a peaceful place.
Thank you!
Yue Wu
From: Kalisha Webster
To: Foster City Public Comment
Cc: Jan Stokley; [email protected]; Yelena Cappello; Priscilla Schaus; Laurie Rith; Rob Lasky; Aaron Siu; Austin Walsh
Subject: Public Comment for City Council Agenda Item 7.1.
Date: Monday, March 7, 2022 3:57:41 PM
Attachments: Foster City Public Comment 3.7.22.pdf
Hello,
Please find attached written comments for City Council Agenda Item 7.1 for tonight's meeting.
Thank you,
We have moved! Please note the new office address!
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March 7, 2022
Re: Public Comment on BELOW MARKET RATE INCLUSIONARY HOUSING PROGRAM (RZ2021-0004), AFFORDABLE HOUSING OVERLAY COMBINING DISTRICT (RZ2019-0001), ZONING OF SEVEN APARTMENT PROPERTIES WITHIN AFFORDABLE HOUSING OVERLAY COMBINING DISTRICT (RZ2020-0001), AND
ESTABLISHING RATES FOR A BELOW MARKET RATE HOUSING IN-LIEU FEE Dear Mayor Awasthi and Member of the City Council,
On behalf of Housing Choices, I am submitting public comments on the proposed Below Market Rate Inclusionary Housing Program and Affordable Housing Overlay Combining District.
Housing Choices provides housing retention and navigation services for San Mateo County residents with developmental and other disabilities who require supportive services funded by the Golden Gate Regional Center in order to live independently. While the main component of increasing accessibility for a person with a developmental disability is supportive services another major barrier to housing access for a person with a developmental disability is cost.
We appreciate the work that went into developing the proposed Inclusionary Housing Ordinance and Affordable Housing Overlay Zone. We support the proposed requirement for 20% BMR rental units under the Inclusionary Housing Ordinance but the staff report does not seem to provide enough evidence to justify their recommendation to only apply this ordinance to “net new” units. While developers may be required to replace protected units for low and very low income renters, without knowing the number of replacement units which will be income restricted it is possible that the effect of this ordinance would be that less than 20% of total units in a rental project will be BMR. Even with the 20% inclusionary requirement it will be extremely difficult for the city to meet their increased RHNA for Cycle 6. The city should further study this issue to ensure that the maximum number of inclusionary units are being developed in each project. We also ask that you consider adding language to the Inclusionary Housing Ordinance which requires that BMR units are similar to market rate units in square footage, bedroom count and design/amenities so that they are indistinguishable from market rate units.
We also support the proposed goal of incentivizing more units being developed at deeper levels of affordability under the revised Affordable Housing Overlay Combining District. This is an extremely important goal considering that according to the staff report to the Planning Commission on February 3, 2022, 35% of Extremely Cost-Burdened households in Foster City are Extremely Low Income. However, it is not clear what would incentivize developers to take advantage of this Combining District. While the BMR requirement under the Affordable Housing Overlay is lower than the Inclusionary Housing Ordinance, under State Density Bonus Law developers would receive greater density bonus and more incentives/concessions by meeting the requirements of the Inclusionary Housing Ordinance than if they were to take advantage of the proposed Affordable Housing Overlay Zone. Because the high cost of constructing deeply affordable units is the greatest barrier to inclusion of these units in housing plans, the proposal could be made stronger by allowing greater density and/or allowing additional cost saving incentives or concessions beyond the State Density Bonus Law if developers target deeper levels of affordability. We strongly encourage the city to find ways to strengthen the Affordable Housing Overlay targeting of Extremely Low Income units as these households, which include people on fixed incomes such as seniors and people with disabilities, are at the greatest risk of homelessness or displacement from the community than any other income category.
Sincerely,
Kalish