Public participation in the development, adoption and implementation of the housing el
ement is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.
S
everal federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.
F
or your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.
H
CD appreciates the cooperation the housing element team provided during the review.
We are committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Anthony Errichetto, of our staff, at [email protected].
S
incerely,
P
aul McDougall
Senior Program Manager
E
nclosure
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APPENDIX
CITY OF FOSTER CITY
T
he following changes are necessary to bring the City’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.
H
ousing element technical assistance information is available on HCD’s website at https://www.hcd.ca.gov/hcd-memos. Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at https://www.hcd.ca.gov/building-bl ocks and includes the
Government Code addressing State Housing Element Law and other resources.
A. Review and Revision
Review the previous element to evaluate the appropriateness, effectiveness, and progress in implementation, and reflect the results of this review in the revised element. (Gov. Code, § 65588 (a) and (b).)
A r
eview of the previous element should address past progress in implementation, evaluate the effectiveness of programs and make adjustments in the current housing element. The element (Appendix E) generally states whether programs should be retained, removed, or modified but must also describe progress in implementation and evaluate effectiveness to inform this statement.
I
n addition, as part of this analysis, the element must provide an evaluation of the effectiveness of goals, policies, and related actions in meeting the housing needs of special needs populations (e.g., elderly, persons with disabilities, large households, female-headed households, farmworkers and persons experiencing homelessness). Programs should be revised as appropriate to reflect the results of this evaluation.
F
or more information, please see HCD’s Building Blocks.
B. Housing Needs, Resources, and Constraints
1. A
ffirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).) Fair Housing Issues: The element identifies many contributing factors to fair housing issues. However, the element should also address the fair housing issue of aging multifamily housing that is vulnerable to redevelopment and displacement of low and moderate-income residents. Additionally, the element should discuss the high-water table issue and any disproportionate impacts on protected characteristics to better formulate policies and programs.
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Enforcement and Outreach: While the element discuss complaints based on state and federal data, it could also identify cases and their characteristics utilizing local data from fair housing service providers. In addition, the element states the City complies with a few housing-related laws such the Housing Accountability Act and No Net Loss Law but it should also discuss how the City complies with state and federal fair housing laws and any past settlements, lawsuits, or other legal actions. Based on a complete analysis, the element should re-assess contributing factors to fair housing issues and policies and programs.
Integration and Segregation: While the element reports on data related to segregation and integration, it must discuss and analyze this data for trends over time and patterns across census tracts as well as comparing the City as a whole to the broader region for race, disability, familial status and income. The analysis should also incorporate local data and knowledge and other relevant factors to better formulate appropriate policies and programs.
For example, the element’s Racial Isolation Index (pp. B-20 to B-21) indicates there is segregation of Asian residents; however, the analysis should discuss and analyze this data for trends over time and patterns across census tracts within the City. As for another example, the element should analyze where concentrations of above-moderate income residents exist geographically in the City as well as include a regional analysis, comparing the higher-incomes within the City to the surrounding region. An example of local data could be a local accessibility assessment into the evaluation of patterns of higher concentrations of persons with disabilities.
Other relevant factors could be historical zoning and land use and potential resulting lack of access to housing choices and affordability.
Disparities in Access to Opportunity: While the element reports some data on disparities in access to opportunity, it largely must analyze that data. For example, the element should describe and analyze whether there is equal access to high performing schools throughout the City as well as include a regional analysis of how surrounding jurisdictions compare with TCAC education scores. The element should also analyze whether there is equal access to jobs for residents of all economic segments, in addition to comparing employment trends in the City to patterns in surrounding areas (e.g., lower economic scores in areas bordering the City). The element should include a map of access to transit within the City, analyze what transit options are available in the City, and whether they are accessible throughout the City. This section should be accompanied by an analysis of such patterns on a regional basis, comparing trends within the City to the region. Lastly, while the element states the City scores well on TCAC’s environmental scores (p. B-52), it should include an analysis of what contributes to such positive environmental outcomes and be compared to environmental trends within the greater region.
Disproportionate Housing Needs including Displacement: While the element reports some data on disproportionate needs, it still must analyze that data. For example, the element states (p. B-62) that there are no concentrations of renter cost burden; however, the maps show a variation with part of the City having a rate of 40 to 60 percent of renters with cost burden near a tract with less than 20 percent cost burden. This perceived concentration of cost burden for renters must be analyzed. The element should also describe and analyze where concentrations of cost burden exist geographically for owners as well as what
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contributes to this trend. This section should be accompanied by an analysis of such patterns on a regional basis, comparing trends within the City to the region. The element must also include an analysis of where local overcrowding and substandard housing exists geographically as well as an analysis of such patterns on a regional basis. While the element includes a map of local risk of displacement (p. B-69), it only briefly discusses displacement trends. The element should provide analysis and conclusions regarding displacement vulnerability (e.g., half of the City is determined to be vulnerable). The analysis should also discuss displacement risk due to disaster, including seismic activity and flooding. Lastly, this section should be accompanied by an analysis of displacement patterns on a regional basis, comparing trends within the City to the region.
Identified Sites and Affirmatively Furthering Fair Housing (AFFH): The element mentions the City does not have any segregation issues within the City but is somewhat segregated as a whole on a regional level and that the distribution of sites will allow lower-income households access to amenities and services. However, the element should discuss the location (e.g., neighborhoods, census tracks, planning areas) of sites, including the number of units by income group and discuss the impact of identified sites on existing patterns of socio-economic characteristics. The analysis should put special emphasis on any isolation of the regional housing need allocation (RHNA) by income group and distribution of units by income group throughout the community.
Contributing Factors to Fair Housing Issues: The element identifies many contributing factors to fair housing issues, but it must prioritize these factors in Table 2-3 to better formulate policies and programs and carry out meaningful actions to AFFH. Additionally, the element should explain how Table 2-3 and Table 3-1 are related, because while both tie to fair housing issues, contributing factors are different.
Goals, Actions, Milestones and Metrics: The element must be revised to add goals and actions based on the outcomes of a complete analysis. Goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Actions must have specific commitment, milestones, geographic targeting and metrics or numeric targets and must address, as appropriate, housing mobility enhancement, new housing choices, and affordability in higher opportunity areas, place-based strategies for community preservation and revitalization and displacement protection.
2. Include an analysis of population and employment trends and documentation of projections and a quantification of the locality's existing and projected needs for all income levels, including extremely low-income households. (Gov. Code, § 65583, subd. (a)(1).)
Extremely Low-Income (ELI) Households: The element reports some data on the number of existing and projected ELI households, but it must also include analysis of their housing needs. The analysis should evaluate tenure, overpayment, resources, and strategies available and the gap and magnitude of housing needs to better formulate policies and programs.
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3. Include an analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).)
Overpayment: While the element identifies the total number of households overpaying for housing, it must quantify and analyze the number of lower-income households overpaying for housing by tenure (i.e., renter and owner) and add or modify policies and programs as appropriate.
Housing Conditions: While the element describes housing conditions of ownership units, the element must also include an analysis of rental units in need of rehabilitation and replacement.
Housing Costs: While the element includes estimated rents for residents, it utilizes American Community Survey (ACS) data. The element should supplement census data with other sources (e.g., local knowledge).
4. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov.
Code, § 65583, subd. (a)(3).)
Progress in Meeting the RHNA: The element indicates (Table 13, D-34) that pipeline and proposed projects have been built or are under construction or approved but provides no information documenting how affordability of the units was determined. The City’s RHNA may be reduced by the number of new units built since June 30, 2022; however, the element must demonstrate their affordability based on actual sales price, rent level or other mechanisms ensuring affordability (e.g., deed restrictions). The element should also discuss the status, any barriers to development and other relevant factors to demonstrate their affordability in the planning period. For example, the element should clarify whether the Schooner Bay application has been submitted to the City for review. The element should clarify the status of this project and where it is in the permit process and anticipated timeline for completion in the planning period.
Sites Inventory: The element lists parcels based on various factors but must also list the general plan designation and existing uses. In addition, the element must clarify whether the listed capacity is total capacity or includes realistic capacity assumptions. Lastly, the element must clarify whether the sites previously identified in the 5th cycle were vacant or nonvacant and add or modify programs as appropriate.
In addition, the element should consider public commenters on this draft as part of the sites inventory, including the expressed interest of property owner to develop residential uses in the planning period.
Realistic Capacity: While the element provides assumptions for buildout on each site, support must be provided for assumptions. For example, the element should demonstrate
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what specific trends, factors, and other evidence led to the assumptions. The estimate of the number of units for each site must be adjusted as necessary, based on the land use controls and site improvements, typical densities of existing or approved residential developments at a similar affordability level in that jurisdiction, and on the current or planned availability and accessibility of sufficient water, sewer, and dry utilities. Many of the sites are on parcels with existing apartment developments. The element must clarify whether the City assumes the entire site for each identified apartment complex will be redeveloped, or which portions of the site will be redeveloped (e.g., acreage and location) and provide support. Many of the sites assumes 100 percent of base zoned density for the multifamily units in the Beach Cove, Franciscan, Harbor Cove, Sand Cove, Lagoons, Eaves Apartments, and Shadow Cove sites. The analysis must provide substantial support and demonstrate a significant history of developing at maximum density within the City as well as feasibility including land use control requirements such as parking and open space.
In addition to clarifying realistic capacity assumptions, the Foster’s Landing site must also clarify whether the site will need to be rezoned and whether existing units will need to be demolished to support the additional units. The element must also clarify what the allowed density is on the 1010 Metro Center (OSH) site, whether rezoning is needed, and the basis for the realistic capacity assumptions.
In Table 2 (p. D-7), all project examples are in the CM and PD zones; the element should describe examples of development in residential zones to support assumptions in the sites inventory. In addition, the element must clarify whether it is assumed that projects will have to utilize the PD process and therefore have additional discretionary requirements. In addition, the average density of projects listed in Table 2 is above the allowed density for the R4 zone, the element should clarify whether this includes density bonus units. In addition, Table 11 (page D-32) and Table 12 (page D-33) list the capacity of sites as lower-income, however Table 13 on page D-34 has a different breakdown of affordability for these sites. The unit count and affordability level should be adjusted to clarify the discrepancy.
Suitability of Nonvacant Sites: The element must include an analysis demonstrating the potential for additional development on nonvacant sites, including the extent existing uses impede additional development such as market demand for the existing use and existing leases, contracts or other conditions that would perpetuate the existing use or prevent additional residential development. While the element generally discusses the interest of several property owners to be included in the sites inventory, it should also discuss the potential for additional development in the planning period. The discussion should address any barriers to development in the planning period and any expressed interest in residential development in the planning period. In addition, some of the sites do not have expressed interest in residential development (e.g., Franciscan, Lagoons, Eaves) and generally states recent trends support the assumption of their potential for additional development in the planning period. However, the element should discuss the characteristics and circumstances of recent development and similarities to identified sites.
For example, the analysis could address the redevelopment of carport areas by relating these plans to other projects developing in a similar manner.
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In addition, if the housing element relies upon nonvacant sites to accommodate more than 50 percent of the RHNA for lower-income households, the housing element must demonstrate existing uses are not an impediment to additional residential development and will likely discontinue in the planning period. (Gov. Code, § 65583.2, subd. (g)(2).) Absent findings (e.g., adoption resolution) based on substantial evidence, the existing uses will be presumed to impede additional residential development and will not be utilized toward demonstrating adequate sites to accommodate the RHNA.
Large Sites: Sites larger than ten acres in size are deemed inadequate to accommodate housing for lower-income households unless it is demonstrated that sites of equivalent size and affordability have been developed or other evidence is provided to demonstrate how the sites facilitate the development of housing for lower-income households. The element contains several sites larger than ten acres and as a result, the element should either demonstrate their suitability to facilitate development affordable to lower-income households or remove the sites. For example, the element could discuss the application of the City’s inclusionary requirements or other incentives to promote the assumed affordability and number of units.
Availability of Infrastructure: The element describes infrastructure constraints in the City (p. C-8). However, it must also demonstrate sufficient total water capacity (existing and planned) to accommodate the RHNA. In addition, the element must analyze availability and constraints of dry utilities to accommodate the regional housing need, including potential impacts on identified sites, and add programs to address constraints, if needed. Lastly, while the element states that there are some utility constraints, the element must describe whether they affect any identified sites and add programs as appropriate.
Environmental Constraints: The element should include an analysis of the effectiveness of mitigation measures to address potential environmental constraints (e.g., seismic activity, high water tables). The element must describe how environmental conditions relate to identified sites including any other known conditions within the City that could impact housing development in the planning period.
Zoning for a Variety of Housing Types:
• Emergency Shelters: The element must demonstrate the PF, C-1, and C-2 zones still has sufficient capacity to accommodate the identified housing need for emergency shelters. (Gov. Code, § 65583, subd. (a)(4).) For example, identifying the number of parcels, typical parcels sizes, whether the sites are nonvacant, the potential capacity for adaptive reuse, and analyze their access to opportunities and services. In addition, the element must demonstrate the permit processing, development, and management standards for emergency shelters are objective and encourage and facilitate the development of, or conversion to, emergency shelters.
In particular, the element describes a maximum of 1ten beds, a maximum stay of 60 days, and parking requirements that do not appear to comply with statutory requirements pursuant to Government Code section 65583, subdivision (a)(4)(A).
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• Transitional and Supportive Housing: Transitional and supportive housing must be allowed in zones that allow for residential uses (e.g., downtown commercial, community commercial, etc.,). The element should reconcile this information and specifically clarify whether the City permits these types of housing as a residential use and only subject to those restrictions that apply to other residential dwellings of the same type in the same zone pursuant to Government Code section 65583 (a)(5).
• By-right Permanent Supportive Housing: Supportive housing shall be a use by-right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses pursuant to Government Code section 65651.
The element must demonstrate compliance with these requirements and include programs as appropriate.
• Single Room Occupancy (SRO): The element must describe where SROs are allowed or add a program as appropriate.
• Accessory Dwelling Units (ADUs): The element indicates the City modifies its zoning code to ease barriers to the development of ADU’s. However, after a cursory review of the City’s ordinance, HCD discovered several areas which are not consistent with State ADU Law. HCD will provide a complete listing of ADU non- compliance issues under a separate cover. As a result, the element should add a program to update the City’s ADU ordinance in order to comply with state law. For more information, please consult HCD’s ADU Guidebook, published in December 2020, which provides detailed information on new state requirements surrounding ADU development.
5. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures... (Gov. Code, § 65583, subd. (a)(5).)
Land Use Controls: While the element lists various development standards (p. C-4), it should also evaluate those standards for impacts on housing costs, feasibility, and ability to achieve maximum densities. This analysis should specifically address minimum lot and unit sizes and open space requirements, particularly in multifamily zones.
Fees and Exaction: The element provides a cumulative analysis of fees on various housing types but, to better evaluate the impacts on housing development costs, it should also list the various impact fees (e.g., transportation fees, library fees, park fees, affordable housing fees, capital improvement fees, utility). The element should also separately list and evaluate planning fees (e.g., variance, conditional use permits (CUPs), planned developments, site plans, specific plans, subdivisions, and environmental fees).
Zoning and Fees Transparency: The element must clarify its compliance with new transparency requirements for posting all fees, zoning, and development standards for
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each parcel on the jurisdiction’s website pursuant to Government Code section 65940.1(a)(1).
Local Processing and Permit Procedures: While the element includes information about processing times, it should also describe the procedures for a typical single family and multifamily development. The analysis should address the approval body, the number of public hearing if any, approval findings and any other relevant information. The analysis should address impacts on housing cost, supply, timing, and approval certainty. The element should describe the findings and procedures for CUPs in the City, as well as the site review process and explain whether they follow the same processes and timelines for single family and multifamily developments.
In addition, the element should clearly describe whether the Planned Development process, including subsequent use permit, is required or optional to applicants. If required, the element should include specific analysis of the impacts of absence of fixed development standards on housing supply (number of units), cost, timing, feasibility and approval certainty.
Design Review: The element must describe and analyze the design review guidelines and process, including approval procedures and decision-making criteria, for their impact as potential constraints on housing supply and affordability. For example, the analysis could describe required findings and discuss whether objective standards and guidelines improve development certainty and mitigate cost impacts. The element must demonstrate this process is not a constraint or it must include a program to address this permitting requirement, as appropriate.
Inclusionary Requirements: While the element describes mandated affordability levels, it should also analyze the inclusionary requirements for impacts on housing costs. The analysis should address any discretionary processes, interaction with State Density Bonus Law and alternative means of compliance that may include, but are not limited to, in-lieu fees, land dedication, off-site construction, or acquisition and rehabilitation of existing units. The City could engage the development community to facilitate this analysis.
State Density Bonus Law: The City’s current density bonus ordinance should be reviewed for compliance with current state density bonus law and programs should be added as necessary.
On/Off-Site Improvements: The element must identify subdivision level improvement requirements, such as minimum street widths (e.g., 40-foot minimum street width), and analyze their impact as potential constraints on housing supply and affordability.
Codes and Enforcement: The element must describe which building code (e.g., 2019) is enforced, any local amendments to the code, the City’s building and zoning code enforcement processes and procedures, and analyze their impact as potential constraints on housing
supply and affordability
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Constraints on Housing for Persons with Disabilities: The element excludes group homes for seven or more persons from some residential zones and subjects the use to a CUP, unlike other similar uses. The element should specifically analyze these constraints for impacts on housing supply and choices and approval certainty and objectivity for housing for persons with disabilities and include programs as appropriate. Lastly, the element must describe the process and decision-making criteria such as approval findings for the City’s reasonable accommodation procedure and analyze any potential constraints on housing for persons with disabilities.
6. Analyze any special housing needs such as elderly; persons with disabilities, including a developmental disability; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. (Gov. Code, § 65583, subd. (a)(7).)
Persons with Disabilities: While the element provides the percent of persons with disabilities within the City and their type of disability, the element must include an analysis of the special housing needs for this population. The analysis should discuss challenges faced by persons with disabilities, the existing strategies, and resources to meet those needs, an assessment of any gaps in resources and magnitude of needs, and proposed policies, programs, and funding to help address those needs.
7. Analyze existing assisted housing developments that are eligible to change to non-low- income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of use restrictions. (Gov. Code, § 65583, subd. (a)(9) through 65583(a)(9)(D).).
While HCD data shows the Metro Center Senior Homes affordability as expiring in 2026, the element lists these units as expiring in 2050. The element should clarify how affordability was determined, what it is based on and if necessary, revise the analysis of units at-risk of conversion to market rate uses.
C. Housing Programs
1. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element... (Gov. Code, § 65583, subd. (c).)
To have a beneficial impact and achieve the goals and objectives of the housing element, program must have specific commitment and discrete timing (e.g., at least annually, by a specific date). Examples of programs that should be revised include:
• Program H-B-1-a (Continue Code Enforcement): The program could clarify whether this program is linked to Program H-B-2-a and whether there are specific programs
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or outreach for rehabilitation assistance. The program should also include a metric or targeted numerical outcome.
• Programs H-B-2 (Encourage Rehabilitation): The programs should include proactive outreach and discrete timing (e.g., at least annually). • Programs H-C-4-a (Rental Housing Assistance Information), H-E-3-c (Cooperative Ventures): The programs should be revised to include proactive outreach, discrete timing and a metric.
• Program H-C-3-b (Anti-Displacement Strategy): The program should include discrete timing upon establishing the strategy.
• Program H-D-2-a (Potential Re-Use of Commercial Sites): While the program provides meaningful criteria for evaluating future sites, it could also commit to amending zoning with a discrete timeline.
• Programs H-D-5-a (School Sites) and H-D-5-b (Religious and Nonprofit-Owned Sites): The program should consider actions beyond meeting to have a beneficial impact in the planning period, including establishing appropriate zoning, anticipated outcomes, and discrete timelines.
• Program H-D-6-a (Minimize Governmental Constraints): The program should consider actions beyond reporting recommendations and more frequent review of potential governmental constraints.
• Program H-D-6-g (Farmworker Housing and Employee Housing Act): The program should specifically commit to amend zoning consistent with the Employee Housing Action (i.e., Health and Safety Code sections 17021,5, 17021.6 and 17021.8). • Program H-E-3-a (Density Bonuses for Affordable Housing Projects): Based upon a complete analysis, the program should commit to amend the ordinance by a specified date.
• Program H-E-5-a (New Agreements for Affordability of Existing Rental Units): The program should specify how often the City will pursue funding and include a metric. • Program H-F-1-a (Facilities and Services for Special Needs): The program must include proactive outreach, discrete timing, and actions for persons with developmental disabilities.
• Program H-F-1-f (Support Services for Special Needs Population): The program should include commitment to implement following the roundtable, as well as how often meetings and implementation will occur.
• Program H-F-1-h (Age Friendly Initiative): The program should include commitment to implement the plan.
• Program H-F-2-d (Emergency Shelter Zoning): Based on a complete analysis, the program must include specific commitment to address parking and other identified constraints by a specified date.
• Program H-F-3-a (Transitional and Supportive Housing Zoning): Based on a complete analysis of requirements, the program should include commitment to address identified constraints by a specified date.
• P
rogram H-G-2-a (Anti-Discrimination Regulations): The program must include commitment to how often the City will conduct outreach after 2023.
2. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to
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accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)
The element does not include a complete site analysis; therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. In addition, the element should be revised as follows:
• Program H-D-1-b (General Plan and Zoning Amendments): The program commits to amend the general plan and zoning to accommodate the RHNA upon adoption of the housing element. Please be aware, if rezoning, specifically for the lower-income RHNA, is not completed by January 31, 2023, the element must include a program(s) to rezone sites with appropriate zoning and development standards pursuant to Government Code sections 65583, subdivision (c)(1), and 65583.2, subdivisions (h) and (i).
• Program H-D-4-h (ADU Monitoring): The program should monitor production in addition to affordability, including for ADUs anticipated in multifamily development.
Further, monitoring affordability should be consistent with assumptions in the inventory (58 percent) and alternative actions should be taken more than once in the planning period and should specifically commit to rezoning if necessary.
3. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities.
The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).)
The element requires a complete analysis of potential governmental and nongovernmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints. In addition, the element should be revised as follows:
• Parking: While the element includes Program H-D-6-c (Parking Requirements), the program should include a specific commitment to revise parking standards to mitigate constraints on housing development.
• Program H-D-6-b (Minimize Zoning Constraints): The program must include specific commitment to amend all listed and necessary zoning amendments and should manufactured homes are allowed as a single-family use in all zones allowing single family uses.
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• Program H-F-1-d (Reasonable Accommodation): Based on a complete analysis of constraints in reasonable accommodations, the program must include a commitment to mitigate constraints and revise timing if needed. • Program H-F-1-i (Community Care Facilities): Based on the outcomes of a complete analysis, the program should commit to allow community care facilities in all residential zones and revise procedures with an objective process and facilitate approval certainty.
4. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics. (Gov.
Code, § 65583, subd. (c)(5).)
As noted in Finding B1, the element must include a complete analysis of AFFH. The element must be revised to add goals and actions based on the outcomes of a complete analysis.
5. The housing program shall preserve for low-income household the assisted housing developments identified pursuant to paragraph (9) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance. (Gov. Code, § 65583, subd. (c)(6).)
While the element includes Program H-C-2-b (Continue to Monitor Expiration of Affordability Covenants), it should incorporate proactive outreach to owners and State Preservation Notice Law requirements (Government Code Sections 65863.10, 65863.11, and 65863.13).
D. Quantified Objectives
Establish the number of housing units, by income level, that can be constructed, rehabilitated, and conserved over a five-year time frame. (Gov. Code, § 65583, subd. (b)(1 & 2).)
The element must include quantified objectives to establish an estimate of housing units by income category that can be constructed, rehabilitated, and conserved over the planning period. While the element includes these objectives, it should specifically list objectives for extremely low-income households and conservation objectives should not be limited to at-risk preservation.
6.1 Attachment 10 - HCD Comment Letter dated October 3, 2022
253
City of Foster City’s 6th Cycle (2023-2031) Draft Housing Element Page 13 October 3, 2022
E. Public Participation
Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the Housing Element, and the element shall describe this effort. (Gov. Code, § 65583, subd.(c)(9).)
While the element includes a general summary of the public participation process, it should also include a summary of how public comments were considered and incorporated into the element. Further, the element should describe additional methods for public outreach efforts in the future, particularly to include lower-income and special needs households and neighborhoods with higher concentrations of lower-income households. The element must describe whether translation services were available for various outreach methods.
F. Consistency with General Plan
The Housing Element shall describe the means by which consistency will be achieved with other general plan elements and community goals. (Gov. Code, § 65583, subd. (c)(7).)
While the element discusses how internal consistency will be achieved with other elements of the general plan as part of the housing element update, it should also discuss how internal consistency will be maintained throughout the planning period.
6.1 Attachment 10 - HCD Comment Letter dated October 3, 2022
254
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Miles
N 0 0.25 0.5 1
Foster City Municipal Boundary
Foster City Zoning Sites
Harbor Cove
Apt Site
Sand Cove
Apt Site
Lagoons
Apt Site
Franciscian
Apt Site
Beach Cove
Apt Site
Shadow Cove
Apt Site
MAP OF SITES
6.1 Attachment 11 - Map of Sites for Rezoning
255
RESOLUTION NO. P- 17 -22
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FOSTER CITY RECOMMENDING CITY COUNCIL ADOPTION OF ADDENDUM TO 2015 FINAL
ENVIRONMENTAL IMPACT REPORT (FEIR) PREPARE FOR THE FOSTER CITY GENERAL PLAN UPDATE AND CLIMATE ACTION PLAN (SCH#2012072003), DATED SEPTEMBER 2015
AND RECOMMENDING THAT THE CITY COUNCIL MAKE VARIOUS TEXT AMENDMENTS TO TITLE 17, “ZONING” OF THE FOSTER CITY MUNICIPAL CODE TO IMPLEMENT HOUSING
SITES IDENTIFIED IN THE SITES INVENTORY IN THE REGIONAL HOUSING NEEDS ALLOCATION (RHNA), 5TH CYCLE; AND RECOMMENDING THAT THE CITY COUNCIL MAKE VARIOUS TEXT AMENDMENTS TO TITLE 17, “ZONING” OF THE FOSTER CITY MUNICIPAL CODE, INCLUDING AMENDMENTS TO CHAPTER 17.78, “ ACCESORY DWELLING UNITS ” AND 17.04, “DEFINITIONS” AND CHAPTER 17.82, “EMERGENCY SHE LTERS”, AMONG OTHERS, TO IMPLEMENT THE RHNA 6 HOUSING ELEMENT FOR THE 2023 -2031
PLANNING PERIOD AND COMPLY WITH RECENT CHANGES IN STATE LAW AND FINDING THE AMENDMENTS EXEMPT FROM THE CALIFORNIA ENVIRONMEN TAL QUALITY ACT – RZ2022-0003
CITY OF FOSTER CITY PLANNING COMMISSION
WHEREAS, there is a shortage of affordable housing in the City of Foster City (“City”) as documented in the RHNA 5 Housing Element for the 2015-2023 Planning Period and the RHNA 6 Draft Housing Element for the 2023-2031 Planning Period; and WHEREAS, California Government Code Section 65580(d) states that all cities have a responsibility to use the powers vested in them to facilitate the improvement and development of housing and to make adequate provision for the housing needs of all economic segments of the community; and
WHEREAS, said zoning amendments will encourage the development and availability of housing opportunities to a broad range of households with varying income levels within the City as mandated by State Law, and is essential for the public welfare; and WHEREAS, the staff report dated November 15, 2022, incorporated herein by reference, explains the relevant requirements of State law that require corresponding changes in the Foster City Municipal Code in order for the City’s regulations to be compliant with State law; and WHEREAS, said zoning actions, combined with the City’s inclusionary housing requirements of Chapters 17.90 and 17.92 are steps that the City can take to attempt to increase the supply of housing, including below market rate housing to meet the City’s regional share of very low-, low- and moderate-income housing needs and the needs of special groups, including the elderly, disabled, small and large families, and local workers; and W
HEREAS, provision of housing at a variety of income levels will reduce Vehicle Miles Traveled (VMT) and Greenhouse Gas (GHG) emissions by providing people at all income levels more opportunities to live near where they work; and
Resolution No. P-17-22
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WHEREAS, provision of housing at a variety of income levels will support the local economy by making it easier for employers to attract and retain workers by providing people at all income levels more opportunities to live near where they work; and WHEREAS, provision of housing at a variety of income levels will affirmatively further the policies and purposes of the Fair Housing Act, also known as “Affirmatively Further Fair Housing” by reducing segregation and concentration of poverty; and WHEREAS, a joint Planning Commission and City Council Study Session was held to review the proposed changes on November 15, 2022; and
WHEREAS, an Addendum to the certified 2015 Final Environmental Impact Report (2015 EIR) for the Foster City General Plan Update and Climate Action Plan (State Clearinghouse #2012072003) to evaluate the changes in the proposed project since certification of the 2015 EIR to include the proposed zoning amendments and concludes that based on the record, there is no substantial evidence to support a conclusion that the Project would result in significant environmental impacts not previously studied in the FEIR and, accordingly, the Project changes would not result in any conditions identified in CEQA Guidelines Section 15162 with respect to the following proposed amendments:
• Zoning Text Amendment to create the By -Right Housing Overlay Combining District in accordance with State law because this amendment changes the review process for some types of housing proposals on sites with this combining district but does not result either directly or indirectly in physical changes to the environment. • Zoning Map
Amendment of two housing sites in the existing Housing Element for 2015- 2023, Beach Cove and Shadow Cove, from R-4 to R-4 with the By-Right Housing Overlay in accordance with State Housing Law because this amendment would alter the review process for some types of housing proposals but does not result either directly or indirectly in physical changes to the environment. The number of units currently projected at Beach Cove and Shadow Cove is the same as was considered in the FEIR. • Zoning T
ext Amendment of R-3 and R-4 zoning districts to reflect minimum and maximum densities allowed by the General Plan because this amendment brings the zoning regulations for minimum and maximum densities into conformance with what is already allowed by the General Plan in the Apartment Residential Land Use Plan designation and was previously contemplated as part of the FEIR, as referenced in the description of the Apartment Residential land use category on page 2.0-6 of the FEIR. • Zoning T
ext Amendment of the C -2 General Business District to modify conditionally permitted uses to allow R-3 and R-4 residential uses instead of the currently allowed “any permitted use in any R district” and the addition of minimum and maximum lot area per dwelling unit standards to allow densities of 15- 60 units per acre (reflecting previously allowed densities) because this amendment brings the zoning regulations for residential uses and minimum and maximum densities into conformance with what is already allowed by the General Plan in the Town Center Land Use Plan designation and was previously contemplated as part of the FEIR, that included the Land Use Plan designation Resolution No. P-17-22
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descriptions in the Project Description for the FEIR. This amendment does not have the potential to result either directly or indirectly in physical changes to the environment. • Zoni
ng Text Amendment to the PD Planned Development Combining District to adjust the process for housing developments to have a General Development Plan approved by Resolution instead of Ordinance because this amendment would make a process change to provide that approval of a general development plan can be through Resolution rather than Zoning Ordinance. The 2015 FEIR analyzed the potential impacts of General Plan policies, including LUC-C-1, Planned Development Zoning that includes standards to be applied. The proposed change in the General Development Plan approval procedures in this amendment does not include any changes to the standards in LUC-C-1 and does not have the potential to result either directly or indirectly in physical changes to the environment; and
WHEREAS, other components of the proposal have been reviewed for compliance with the provisions of the California Environmental Quality Act (CEQA) as follows:
• Amend Chapter 17.78 Accessory Dwelling units to conform to state law requirements i s
ex
empt pursuant to CEQA Guidelines Section 15282(h);
• A
mend provisions of Chapter 17, Zoning to conform to state law regarding low barrier navigation centers (LBNC) is exempt pursuant to Government Code Section 65660 which states that LBNCs are to be allowed by right and would not constitute a “project” for purposes of Division 13 (commending with Section 21000 of the Public Resources Code (CEQA);
• A
mend various provisions of Chapter 17, Zoning to conform to state law regarding manufactured homes, replacement units, employee housing, and supportive housing is ex
empt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3), the common sense exemption that CEQA applies only to projects which have the potential for causing a s
ignificant effect on the environment; and
W
HEREAS, the Planning Commission considered the proposed zoning text amendments t
o Title 17, “Zoning,” at a noticed Planning Commission public hearing on December 1, 2022; and WHEREAS, a Notice of Public Hearing was duly posted, published, and mailed for consideration at the Planning Commission meeting of December 1, 2022, including as required by Government Code Sections 65856 and 65090, the Notice contained the information required by Government Code Section 65094, and was published in compliance with Government Code Section 6061 on November 2, 2022 in the Foster City Islander, a newspaper of general circulation with the City of Foster City in an advertisement of full page size; and, on said date, the Public Hearing was opened, held and closed; and
WHEREAS, the Planning Commission of the City of Foster City has carefully reviewed and considered the staff report and all attachment thereto presented as part of the agenda for the public hearing regarding the proposed ordinance to amend Title 17, Zoning, of the Foster City Municipal Code as referenced above including any and all timely submitted correspondence, all Resolution No. P-17-22
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information submitted at or prior to the public hearing, and all public comment and testimony presented at the public hearing (collectively, the “Record”); and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, based on facts and analysis in the staff report, written and oral testimony, and exhibits presented, finds that:
1. The foregoing Recitals are true and correct and are incorporated herein by this reference; and
2. The pr
ovision of safe and stable housing for households at all income levels is essential for the public welfare of the City. Housing in Foster City, both rental and for-sale housing, has become steadily more expensive and housing costs have gone up faster than incomes. Federal and state government programs do not provide enough affordable housing to satisfy the needs of very low, low, or moderate income households. As a result, there is a severe shortage of adequate, affordable housing for very low, lower, and moderate income households, as evidenced by the findings in the City’s Housing Element; and
3. The proposed amendments to Title 17, Zoning, of the Foster City Municipal Code are consistent with the General Plan, specifically the 2015 -2023 Housing Element including Goal H- D C
onsider Potential Public and Private Redevelopment Opportunities to Increase the Supply of Housing, Policy H-D-9 Reduce Regulatory Constraints, and Goal H-F Address Special Housing Needs, Policy H-F-2 Special Needs, and Policy H-F-3 Housing for the Homeless.
BE IT FURTHER RESOLVED that the Planning Commission of the City of Foster City hereby recommends that the City Council adopt the Addendum to the 2015 Final Environmental Impact Report (FEIR) prepared for the Foster City General Plan Update and Climate Action Plan (SCH#2012072003), dated September 2015 attached hereto and recommends that the City Council adopt an ordinance making various text amendments to Title 17, “Zoning” of the Foster City Municipal Code to implement housing sites identified in the Sites Inventory in the Regional Housing Needs Allocation (RHNA), 5th Cycle, as generally presented in the attached Exhibits A through E, as listed below and attached hereto and incorporated herein:
• Exhibit A: Chapter 17.18 R-3, Medium Density Multiple-Family Residence District • Exhibit B: Chapter 17.20 R-4, High Density Multiple-Family Residence District • Exhibit C: Chapter 17.26 C-2, General Business District • Exhibit D: Chapter 17.36 P-D, Planned Development Combining District • Exhibit E: Chapter 17.94 By Right Housing Overlay Combining District BE I
T FURTHER RESOLVED that the Planning Commission of the City of Foster City hereby recommends that the City Council adopt an ordinance making various text amendments to Title 17, “Zoning” of the Foster City Municipal Code, to implement the RHNA 6 Housing Element for the 2023-2031 Planning Period and comply with recent changes in State law and finding the amendments exempt from the California Environmental Quality Act, as generally presented in the attached Exhibits F through Q, as listed below and attached hereto and incorporated herein:
• Exhibit F: Chapter 17.04 Definitions
• Exhibit G: Chapter 17.12 R-1, Single-Family Residence District • Exhibit H: Chapter 17.14 R-2, Two-Family Residence District Resolution No. P-17-22
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• Exhibit I: Chapter 17.16 R-T, Townhouse Residence District • Exhibit J: Chapter 17.22 C-O, Commercial-Office District • Exhibit K: Chapter 17.24 C-1, Neighborhood Business District • Exhibit L: Chapter 17.28 C-M, Commercial Mix District • Exhibit M: Chapter 17.32 P-F, Public Facilities District • Exhibit N: Chapter 17.55 Replacement Units
• Exhibit O: Chapter 17.70 Non-conformity Uses
• Exhibit P: Chapter 17.78 Accessory Dwelling Units
• Exhibit Q: Chapter 17.82 Emergency Shelters
PASSED AND ADOPTED as
a Resolution of the Planning Commission of the City of
Foster City at a Regular Meeting thereof held on December 1, 2022, by the following vote:
AYES, COMMISSIONERS:
NOES, COMMISSIONERS:
ABSTAIN, COMMISSIONERS:
ABSENT, COMMISSIONERS:
_____________________
EVAN A. AD
AMS, CHAIR
ATTEST:
_______________________________
MARLENE SUBASHINI, SECRETARY
Resolution No. P-17-22
RZ2022-0003
Jagtiani, Venkat and Chair Adams
Bronitsky and Haddad
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EXHIBIT A
Amendments to Chapter 17.18 R-3 Medium Density Multiple-Family Residence District Chapter 17.18 R-3 Medium Density Multiple-Family Residence District of Title 17, Zoning, of the Foster City Municipal Code is hereby amended as follows:
Sections:
17.18.010 Regulations generally.
17.18.020 Permitted uses.
17.18.030 Conditional uses.
17.18.040 Area, bulk, yard and height regulations.
17.18.050 Parking.
17.18.060 Minimum floor area.
17.18.010 Regulations generally.
The specific regulations set forth in this chapter shall apply in all R-3 districts. (Ord. 38 § 1 (part), 1972: prior code § 10-404.041)
17.18.020 Permitted uses.
The following uses shall be permitted in the R-3 districts:
A. Multiple-family dwellings;
B. Accessory uses which are related to multi-family dwellings.
C. Home occupations as defined in Section 17.04.250.
D. Community care facilities including family day cares, day care centers, residential care facilities, transitional housing and supportive housing as defined by Sections 17.04.135, 17.04.149, 17.04.215, 17.04.459, 17.04.544 and 17.04.547.
E. Accessory dwelling units in compliance with Chapter 17.78. (Ord. 633 § 2, 2020; Ord. 578 § 6, 2013; Ord. 377 § 4, 1990: Ord. 38 § 1 (part), 1972: prior code § 10-404.042)
17.18.030 Conditional uses.
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The following uses shall be permitted only when authorized by a conditional use permit issued in accordance with Chapter 17.72:
Those uses permitted in any R-1 or R-2 districts with a conditional use permit and as regulated therein. (Ord. 38 § 1 (part), 1972: prior code § 10-404.043)
17.18.040 Area, bulk, yard and height regulations.
The following area, bulk, yard and height regulations shall apply in the R-3 districts:
Minimum Building
Site
Minimum
Lot Area
Per
Dwelling
Unit
(sq. ft.)
Minimum Yards
Required
Maximum
Height
Permitted
Maximu
m
Coverag
e
Permitted
Minimu
m Open
Green
Area
Require
d
Averag
e Width
(ft.)
Minimu
m Area
(sq. ft.)
Maximum
Lot Area Per
Dwelling
Unit (sq. ft.)
Fron
t
(ft.)
Sid
e
(ft.)
Rea
r
(ft.)
Storie
s
Ft
. (%) (%)
200 20,000 1,2442,19
0 2,178/2,904
1 20 5 20 3 38 50 47
1 Maximum lot size shall depend upon the General Plan Land Use Designation. For Condominium Residential, maximum lot size shall be 2,904. For Apartment Residential, maximum lot size shall be 2,178.
(Ord. 38 § 1 (part), 1972: prior code § 10-404.044)
17.18.050 Parking.
Parking shall be provided in accordance with Chapter 17.62.
Parking on the first level, not to exceed four feet above finished grade, shall not constitute a story. (Ord. 38 § 1 (part), 1972: prior code § 10-404.045)
17.18.060 Minimum floor area.
Resolution No. P-17-22
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Minimum floor areas shall be established as provided in Chapter 17.56. (Ord. 38 § 1 (part), 1972: prior code § 10-404.046)
Resolution No. P-17-22
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EXHIBIT B
Amendments to Chapter 17.20 R-4 High Density Multiple-Family Residence District Chapter 17.20 R-4 High Density Multiple-Family Residence District of Title 17, Zoning, of the Foster City Municipal Code is hereby amended as follows:
Sections:
17.20.010 Regulation generally.
17.20.020 Permitted uses.
17.20.030 Conditional uses.
17.20.040 Area, bulk, yard and height regulations.
17.20.050 Parking.
17.20.060 Minimum floor area.
17.20.010 Regulation generally.
The specific regulations set forth in this chapter shall apply in all R-4 districts. (Ord. 38 1 (part), 1972: prior code 10-404.051)
17.20.020 Permitted uses.
The following uses shall be permitted in the R-4 districts:
A. Any use permitted in any R-3 residential districts; B. Accessory uses which are necessary to the above-mentioned uses. (Ord. 38 1 (part), 1972:
prior code 10-404.052)
17.20.030 Conditional uses.
The following uses shall be permitted only when authorized by a conditional use permit issued in accordance with Chapter 17.72:
A. Any conditional use permitted in the R-3 multiple-family residential districts; B. Convalescent homes, rest homes or nursing homes accommodating more than five persons in addition to the owner or manager and his family wherein the total structure has been designed specifically for the use permitted. (Ord. 38 1 (part), 1972: prior code 10-404.053) Resolution No. P-17-22
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17.20.040 Area, bulk, yard and height regulations.
The following area, bulk, yard and height regulations shall apply in the R-4 districts:
Minimum Minimum
Building Site Minimum
Lot
Maximum
Lot
Minimum Yards Maximum Maximum Open
Green
Average Minimum Area Per Area Per Required Height Coverage Area Width Area Dwelling
Unit
Dwelling
Unit
Front Side Rear Permitted Permitted Required
(ft.) (sq. ft.) (sq. ft.) (sq. ft.) (ft.) (ft.) (ft.) Stories Ft. (%) (%) 200 20,000 1,2445 2,178/2,9041 20 5 20 5 45 40 47
1 Maximum lot size shall depend upon the General Plan Land Use Designation. For Condominium Residential, maximum lot size shall be 2,904. For Apartment Residential, maximum lot size shall be 2,178.
(Ord. 38 1 (part), 1972: prior code 10-404.054)
17.20.050 Parking.
Parking shall be provided in accordance with Chapter 17.62. (Ord. 38 1 (part), 1972: prior code 10-404.055)
17.20.060 Minimum floor area.
Minimum floor area shall be provided as established in Chapter 17.56. (Ord. 38 1 (part), 1972:
prior code 10-404.056)
Resolution No. P-17-22
RZ2022-0003
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EXHIBIT C
Amendments to Chapter 17.26 C-2 General Business District Chapter 17.26 C-2 General Business District of Title 17, Zoning, of the Foster City Municipal Code is hereby amended as follows:
Sections:
17.26.010 Regulations generally.
17.26.020 Permitted uses.
17.26.030 Conditional uses.
17.26.040 Area, bulk, yard and height regulations.
17.26.050 Parking and loading.
17.26.060 Use enclosure requirements.
17.26.010 Regulations generally.
The specific regulations set forth in this chapter shall apply in all C-2 districts.
Any recreational or instructional school or business teaching or offering dance, music, singing, gymnastics, boxing, wrestling, martial arts, sports training, and fitness training shall, with the exception of allowing ingress into and egress out of the school or business, keep all of the windows and doors serving the facility closed when conducting noise-generating activities such as classes, training, instructions, recitals, exhibitions or performances. (Ord. 565 § 1 (part), 2011: Ord. 38 1 (part), 1972: prior code 10-404.081)
17.26.020 Permitted uses.
The following uses shall be permitted in the C-2 districts:
A. Any use which is a permitted use in the neighborhood commercial C-1 districts, except that the following uses are excluded from the C-2 zone:
Laundromats;
B. Retail stores and services establishments which supply commodities or provide service primarily to meet the needs of residents of the community, such as large department stores, automobile sales agencies, bars and cocktail lounges, sale of antiques and specialty items, costume rental shops, bicycle stores (including rental and repair), hotels and motels (including Resolution No. P-17-22
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restaurant and meeting rooms), and other general commercial uses serving the needs of the community as a whole and which, in the opinion of the city planning director, are similar to the above-mentioned uses;
C. Parking lots, open and other than accessory, for the storage of private passenger automobiles and subject to the provisions of Chapter 17.62; D. Incidental and accessory structures and uses on the same site with and necessary to the operation of a permitted use. (Ord. 38 1 (part), 1972: prior code 10-404.082)
17.26.030 Conditional uses.
The following uses shall be permitted only when authorized by a conditional use permit issued in accordance with Chapter 17.72:
A. Any use which is a conditional use in the neighborhood commercial C-1 districts; B. Automobile accessory shops and repair garages, provided no such enterprise shall have a driveway entrance across the sidewalk;
C. General commercial amusement and entertainment enterprises, including theaters, bowling alleys and similar establishments, and entertainment provided in connection with a permitted use;
D. Clubs, lodges and fraternal organizations, including the serving of food and beverages to members and their guests, and including such other facilities customarily provided for the comfort and convenience of the membership;
E. Municipal or privately-owned recreation building or center, including Y.W.C.A. and Y.M.C.A. buildings;
F. Any permitted use in any residential (R) districts Residential uses as described in 17.18, R-3 Medium Density Multiple-Family Residence District, and 17.20, R-4 High Density Multiple- Family Residence District, subject to development regulations described in 17.26.040, below; G. Incidental and accessory structures and uses located on the same site with and necessary to the operation of a conditional use. (Ord. 38 1 (part), 1972: prior code 10-404.083 (part))
17.26.040 Area, bulk, yard and height regulations.
Resolution No. P-17-22
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The following area, bulk, yard and height regulations shall apply in the C-2 district:
Minimum Building
Site
Minimum Lot
Area Per
Dwelling Unit
(sq. ft.)
Maximum
Lot Area
Per
Dwelling
Unit (sq. ft.)
Minimum Yards
Required
Maximum Height
Permitted
Maximum
Coverage
Permitted
(%)
Minimum
Open
Green
Area
Required
(%)
Average
Width
(ft.)
Minimum
Area
(sq. ft.) Front
(ft.)
Side
(ft.)
Rear
(ft.)
Stories Ft.
200 40,000 2,178 726 0 0 0 8 90 30 25
Where the commercial zone abuts a residential zone, no building shall be closer than twenty- five feet to the residential zone. (Ord. 38 1 (part), 1972: prior code 10-404.083 (part))
17.26.050 Parking and loading.
Parking and loading facilities shall be provided in accordance with the provisions of Chapter 17.62. (Ord. 38 1 (part), 1972: prior code 10-404.084)
17.26.060 Use enclosure requirements.
All uses permitted within this chapter, except parking and other permitted outside accessory uses, shall be conducted within an enclosed building. (Ord. 38 1 (part), 1972: prior code 10- 404.085)
Resolution No. P-17-22
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EXHIBIT D
Amendments to Chapter 17.36 PD Planned Development Combining District Chapter 17.36 PD Planned Development Combining District of Title 17, Zoning, of the Foster City Municipal Code is hereby amended as follows:
Sections:
17.36.010 Purpose.
17.36.020 Establishment.
17.36.030 General development plan.
17.36.040 Conditional uses.
17.36.050 Specific development plan.
17.36.060 Off-street parking requirements in a PD district.
17.36.070 General development criteria.
17.36.080 Design guidelines/standards.
17.36.090 Open area and density per family unit.
17.36.100 Amendment of development.
17.36.110 Development schedule.
17.36.120 Rezoning.
17.36.130 Relationship of PD district to other ordinance.
17.36.140 Application and fees.
* Prior history: Prior code Sections 10-405.110 through 10-405.160, 10-405.162 and 10-405.170 through 10-405.190, as added by Ord. 38 and amended by Ords. 210, 243 and 248.
17.36.010 Purpose.
The PD or planned development combining district is designed to accommodate various types of development, such as single-family residential developments, multiple housing development, neighborhood and community shopping centers, professional and administrative areas, commercial service centers, and industrial parks and other uses or a combination of uses which can be made appropriately a part of a planned development. The district is established to allow flexibility of design which is in accordance with the objectives and spirit of the general plan. (Ord. 634 § 1, 2021; Ord. 289 § 1 (part), 1984)
Resolution No. P-17-22
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17.36.020 Establishment.
A. PD combining districts may be established or removed from the zoning map upon the application of a property owner or owners, or upon the initiative of the city council or planning commission, in accordance with the procedures set forth in Chapter 17.74.
B. The following standards as usually prescribed by the zoning ordinance may, upon planning commission approval, be waived in a PD district without being processed under the variance procedure:
1. Minimum building site;
2. Minimum lot dimension;
3. Maximum building site coverage by buildings and structures;
4. Minimum yards;
5. Maximum building or structure height, bulk or massing;
6. Maximum height of fences and walls;
7. Signs;
8. Street or road widths dimensions;
9. Minimum floor area standards;
910. Any other minimum or maximum standards as usually required or applied with the exception of off-street parking requirements. (Ord. 634 § 1, 2021; Ord. 313 § 1 (part), 1986; Ord. 289 § 1 (part), 1984)
17.36.030 General development plan.
An application for the establishment of a PD district shall be accompanied by a graphic general development plan which, if approved by the planning commission and city council, shall become a part of the zoning map of the city, except that for general developments plans including residential uses, the general development plan shall be adopted by resolution of the city council and shall not require changes in the zoning map.
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A. The graphic general development plan shall show the following information presented in graphic and schematic form and at a scale satisfactory to the city with a reduced reproducible print of the approved drawing suitable to the city for publication purposes:
1. Proposed land uses;
2. Location of buildings, structures and building groups;
3. A tabulation of proposed dwelling-unit density in residential areas;
4. A tabulation of floor area ratios and the maximum heights of proposed buildings;
5. Proposed circulation systems, including preliminary street cross-sections;
6. Proposed parks, playgrounds, school sites, and other open spaces;
7. Location and type of existing and proposed landscaping; identification of any existing trees to be removed;
8. An economic feasibility analysis of proposed commercial uses;
9. Development phasing (for entire project);
10. Relation to future land use in surrounding area, as proposed in the general plan;
11. Proposed off-street parking (ratio, locations, total number of spaces);
12. Any additional data required by the planning director as necessary to analyze the rezoning application.
B. The planning commission may waive the requirements of subsection A of this section, in whole or in part, when it deems such action to be in the best interests of the city, or when it determines that the information required is not relevant to or useful for the PD application at hand.
C. A PD district initiated by the planning commission or city council will require a graphic general development plan only if so determined by the initiating body. In such cases, the Resolution No. P-17-22
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initiating body may require a graphic general development plan which contains all or only part of the required information as outlined in subsection A of this section.
D. The planning commission and city council may require such other information which, combined with the original information submitted, shall be for the purpose of ascertaining substantial conformity with the adopted general plan of the city and compatibility with the surrounding area.
E. In order to approve, conditionally approve, or recommend approval or conditional approval of a general development plan, the planning commission shall find that:
1. The planned development is substantially in conformance with the adopted city general plan;
2. If applicable, a final subdivision map for the proposed planned development can be recorded within two years of the expected date of adoption of the general development plan for the planned development;
3. That the total development in each individual development phase can exist as an independent unit, adequate assurance will be provided that such objective will be attained; that the uses proposed will not be detrimental to present and planned surrounding uses, as shown in the city’s adopted general plan, but will have a beneficial effect which could not be achieved without being located in a PD district;
4. The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and proposed densities will not generate traffic in such amounts as to overload the street network outside the development;
5. Existing or proposed utility services and facilities and other public improvements are adequate for the population densities and land uses proposed;
6. The proposed ratios for off-street parking are consistent with the parking regulations of the city, as provided in Chapter 17.62;
7. The planned development will not have a detrimental and unmitigatable financial impact on the city or the Estero Municipal Improvement District. (Ord. 634 § 1, 2021; Ord. 313 § 1 (part), 1985; Ord. 289 § 1 (part), 1984) Resolution No. P-17-22
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17.36.040 Conditional uses.
A use permit shall be required for any and all uses in a PD district. The planning commission shall not grant a use permit for any use or uses in a PD district unless it finds:
A. Such use or uses substantially conform to the adopted general plan of the city; B. Such use or uses are shown on the approved general development plan for the particular PD district;
C. That a specific development plan has been submitted which meets all of the requirements as outlined in Section 17.36.050. (Ord. 634 § 1, 2021; Ord. 289 § 1 (part), 1984)
17.36.050 Specific development plan.
An application for a use permit in a PD district shall include and be accompanied by a specific development plan which, if approved by the planning commission, shall become a part of the use permit.
A. Following adoption of a general development plan, no development, improvement or building construction within the planned development area covered by the adopted general development plan shall be commenced until the planning commission shall have approved a specific development plan for the entire planned development or, if the project is to be phased over several years, the first phase thereof.
B. Within one year following the adoption of the general development plan for the proposed planned development, the applicant shall submit to the planning commission an application for approval of a specific development plan for the proposed planned development, or the first phase thereof, including time limitations for submitting successive phases. All phases of the specific development plan shall consist of the following:
1. A map showing the existing topography and the proposed topography of the development at one-foot contour intervals, or as approved by staff;
2. A map showing:
a. Vehicular/pedestrian/bicycle circulation,
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b. Parking areas and proposed parking ratios (off-street/on-street), all parking aisles, stall and curve radii dimensions, and landscaped areas, c. Areas proposed for dedication for parks, parkways, school sites, playgrounds, public buildings,
d. Landscaped public open space,
e. Landscaped private open space;
3. A plot plan for each building site or sites showing:
a. Approximate placement of all proposed buildings and structures, b. Distances between all buildings and structures and distances between buildings and structures and property lines;
4. A detailed tabulation of the densities of persons and dwelling units;
5. Any or all of the following plans, diagrams and information, when deemed appropriate by the planning director:
a. Off-street parking and loading plan,
b. Circulation diagram, indicating the proposed movement of vehicles, pedestrians, bicycles and goods within the PD district, and to and from adjacent public thoroughfares,
c. Any special engineering features and traffic-regulation devices needed to facilitate or insure the safety of movement of vehicles, pedestrians, bicycles and goods,
d. A landscaping and tree planting plan; such a plan shall show the approximate location, type, and size of plant materials to be installed, e. Detailed engineering site-grading plans, including proposed finished grades and all public improvements, and site drainage,
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f. Detailed engineering improvement plans for the provision of public utilities for the site, including provisions for off-site connections and facilities necessary to serve the site,
g. A written statement, describing the disposition of recreation and open space areas, including proposals for ownership, development and maintenance. (Ord. 634 § 1, 2021; Ord. 313 § 1 (part), 1985; Ord. 289 § 1 (part), 1984)
17.36.060 Off-street parking requirements in a PD district.
A. The off-street parking requirements for land uses, as provided in Chapter 17.62, shall be those that apply to all off-street parking requirements in all PD developments and districts except in residential PD districts, which shall be governed by the requirements of state law. The parking ratios and related standards contained within Chapter 17.62 are, for purposes of the PD district, considered minimum ratios and standards, and may be revised by the planning commission depending on certain factors as noted below.
B. When the planning commission has determined that conditions allowing a deviation from the total number of required off-street parking spaces are present, the planning commission may grant such deviation as deemed appropriate, based upon the following information provided by the applicant:
1. A parking analysis discussing all impacts resulting from the deviation from usual off-street parking requirements, including alternative parking designs or strategies considered, and why they were deemed infeasible, if applicable, and alternatives for mitigating negative impacts identified.
2. The parking analysis may include a clear, documentable rationale describing how and why the proposed parking will work at the given site and specifically identifying where it has been successfully used in other comparable projects and cities, and/or any other information as requested by staff and the planning commission.
3. The parking analysis shall include a parking demand study that demonstrates that the parking demand for the proposed use is less than the minimum off-street Resolution No. P-17-22
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parking required by Section 17.62.060. The parking demand study shall be prepared by a licensed transportation professional.
4. Any such request for reduction of off-street parking capacity may be satisfied by providing a transportation systems management plan (TSM)/travel demand management (TDM) program consistent with the requirements outlined in Section 17.62.060(D)(3).
C. The planning commission will not consider the following reasons or conditions acceptable as the sole rationale for allowing a deviation from the provisions of the off-street parking requirements contained in Chapter 17.62:
1. The potential or estimated increase in or benefit to a project’s revenue generation, cash flow, market value, marketing strategy, or financial feasibility;
2. A desire or unsubstantiated need to increase the dwelling unit (residential uses) or square footage (office, retail, service, other uses) yield of a project by decreasing the required off-street parking ratio associated with the project or its individual uses. (Ord. 634 § 1, 2021; Ord. 461 § 2 (part), 1999; Ord. 356 § 1, 1989; Ord. 289 § 1 (part), 1984)
17.36.070 General development criteria.
All planned developments under this chapter shall conform to the following general development criteria:
A. All development should be designed and located to conserve energy resources. Such efforts might include, but are not limited to, the clustering or location of development to reduce driving time, and structural designs which maximize use of solar energy and reduce the use of electricity and fossil fuels. Both passive and active solar energy considerations shall be considered in design development.
B. Clustering to reduce paving, grading, runoff and changes in vegetative cover shall be encouraged. When a significant change in vegetative cover is proposed or introduced, it must be demonstrated that restoration measures will provide for minimal adverse impact and for equal protection from erosion as that provided by vegetation before grading.
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C. Development should be so designed as to minimize adverse impact on primary San Francisco Bay wildlife resources, and to achieve a high degree of compatibility with wildlife habitat areas.
D. Any lands whose sole means of access is via existing residential streets shall be limited to densities which will not produce substantial increases in traffic volumes on those streets. Traffic volumes exceeding twenty percent of existing volumes shall generally be considered substantial. Where more than one undeveloped site would contribute vehicular traffic to the street, the aggregate densities should not exceed the twenty-percent level. The twenty-percent level shall be used as a general guideline, and is intended to minimize adverse traffic impacts on existing neighborhood streets. Densities may be approved which would produce lesser or greater traffic volumes, depending upon the particular impact and possible mitigation as may be identified in any environmental impact report prepared for the planned development.
E. All roads, buildings and other structural improvements or land coverage shall be located, sited and designed to fit the natural topography, and shall minimize grading and modification of existing land forms. Special consideration of soil characteristics shall be included in design of all physical improvements.
F. Development shall be designed to minimize detraction from the scenic and visual quality of the city and the characteristics of existing major watercourses, established trees dominant vegetative communities and primary San Francisco Bay wildlife habitats.
G. Vegetation for replacement of existing vegetation shall be compatible with surrounding vegetation and shall recognize climate, soil conditions and characteristics of the city.
H. Underground utility lines shall be required, except where such undergrounding would result in significant adverse environmental impacts.
I. It must be demonstrated that sufficient storm drainage, sewerage capacity and domestic water supply are available, and that adequate fire, police and school facilities either exist, or can be reasonably supplied to the development.
J. Phased development shall be approved only if each phase is designed to stand as an independent development and each phase meets the requirements of this chapter. (Ord. 634 § 1, 2021; Ord. 289 § 1 (part), 1984)
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17.36.080 Design guidelines/standards.
The following design guidelines/standards shall be incorporated as a part of the specific development plan for the particular development, as approved by the planning commission. The design guidelines/standards shall become a part of the use permit.
A. Architectural Design Guidelines.
1. Siting (building sites; lot dimensions; site coverage; yards; site arrangements);
2. Scale and character (building and structure height; height of walls and fences; building massing; density; configuration; facade treatments; basic shapes of buildings);
3. Rooftop treatments;
4. Materials (materials palate);
5. Colors (colors palate);
6. Elevations and perspective drawings of all proposed structures. (Such drawings need not be the result of the final architectural decisions and need not be in detail. The purpose of such drawings is to indicate within stated limits the height of the proposed buildings and the general appearance of the proposed structure, to the end that the entire development will have architectural unity and be in harmony with surrounding developments.)
B. Landscape Design Guidelines.
1. Plant materials (plant material palate);
2. Paving (materials palate);
3. Site furnishings (furnishings palate);
4. Lighting;
5. Special features/elements;
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6. Sketches and perspective drawings of all landscape plantings, materials, furnishings and special elements indicating how they will relate to and enhance the overall design of the planned development.
C. Signage guidelines.
D. Prototypical treatments. (Ord. 634 § 1, 2021; Ord. 289 § 1 (part), 1984)
17.36.090 Open area and density per family unit.
Open area and density per family unit shall be as shown on the specific development plan for the development, as approved by the planning commission, providing that the total open area and average density per family unit shall conform to the adopted general plan of the city and the park dedication requirements of the city, as presented in Chapter 16.36. (Ord. 634 § 1, 2021; Ord. 289 § 1 (part), 1984)
17.36.100 Amendment of development.
A. Changes in the general development plan shall be considered the same as changes in the zoning map, and shall be made in accordance with the procedures set forth in Chapter 17.74, except that for amendment of general development plans including residential uses, the amended general development plan shall be adopted by resolution of the city council and shall not require changes in the zoning map.
B. Changes in the specific development plan shall be considered the same as changes to the use permit, and shall be made in accordance with the procedures set forth in Chapter 17.06. (Ord. 634 § 1, 2021; Ord. 289 § 1 (part), 1984)
17.36.110 Development schedule.
An application for a use permit in a PD district shall be accompanied by a development schedule, indicating to the best of the applicant’s knowledge the approximate date on which construction of the project can be expected to begin, the anticipated rate of development, and completion date. The development schedule, if approved by the planning commission, shall become a part of the specific development plan and shall be adhered to by the owner of the property in the PD district and any successors in interest. The use permit shall become null and void unless foundations are set within six months of the granting of the permit. Extensions may be granted at the discretion of the planning commission, not to exceed a cumulative total of two Resolution No. P-17-22
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years, in annual extensions not to exceed one year. Compliance with the phasing schedule consists of filing subdivision map and use permit applications and actively pursuing city approval within the time permitted by the phasing schedule. (Ord. 634 § 1, 2021; Ord. 289 § 1 (part), 1984)
17.36.120 Rezoning.
If, in the opinion of the planning commission, the owner or owners of property in a PD district are failing or have failed to meet an approved development schedule, the planning commission may initiate proceedings under Chapter 17.74 to rezone the property to another zoning district which conforms to the adopted general plan of the city. For good cause shown by the property owner, in writing, prior to the expiration of the original development schedule, the planning commission may extend the limits imposed by the development schedule in accordance with Chapter 17.74. (Ord. 634 § 1, 2021; Ord. 289 § 1 (part), 1984)
17.36.130 Relationship of PD district to other ordinance.
Unless expressly provided otherwise in the PD zoning ordinance, the general provisions of the city zoning ordinance which apply to all zones also apply to PD districts. (Ord. 634 § 1, 2021; Ord. 289 § 1 (part), 1984)
17.36.140 Application and fees.
Application for approval of a planned development in accordance with the provisions of this chapter shall be made by the owner or owners of the land involved, or any agent thereof, on forms prescribed by the city and shall be accompanied by fees to be established by resolution adopted by the city council. (Ord. 634 § 1, 2021; Ord. 289 § 1 (part), 1984) Resolution No. P-17-22
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EXHIBIT E
Addition of Chapter 17.94 By-Right Housing Overlay Combining District Chapter 17.94 By-Right Housing Overlay Combining District of Title 17, Zoning, of the Foster City Municipal Code is hereby added as follows:
Chapter 17.94
BY-RIGHT HOUSING OVERLAY COMBINING DISTRICT
Sections:
17.94.010 Purpose.
17.94.020 Establishment.
17.94.030 Definitions.
17.94.040 Requirements for inclusion of below market rate dwelling units. 17.94.050 Process.
17.94.010 Purpose.
The purpose of the By-Right Housing Overlay (“BRHO”) combining district established by this chapter is to:
A. Encourage the development of below market rate rental dwelling units for low income households on sites that are designated apartment residential in the general plan; and B. Provide an alternative to the percentage of below market rate dwelling units required by Chapter 17.90 (Below Market Rate Inclusionary Housing Program) and Chapter 17.92 (Affordable Housing Overlay Combining District) that encourages the provision of low income units; and
C. Enhance the public welfare by establishing policies and encouraging the development and availability of housing opportunities to a broad range of households with varying income levels within the city as mandated by state law, California Government Code Section 65580 and following; and
D. Promote the city’s goals as stated in the housing element of the general plan to increase the supply of below market rate housing to meet the city’s regional share of extremely low, very low, and low income housing needs and the needs of special groups, including the elderly, Resolution No. P-17-22
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disabled, small and large families, and local workers by imposing an inclusionary requirement for residential development projects; and
E. Reduce vehicle miles traveled (VMT) and greenhouse gas (GHG) emissions by providing people at all income levels more opportunities to live near where they work; F. Support the local economy by making it easier for employers to attract and retain workers by providing people at all income levels more opportunities to live near where they work; and G. Affirmatively further the policies and purposes of the Fair Housing Act, also known as “Affirmatively Further Fair Housing,” by reducing segregation and concentration of poverty; and H. Implement the city’s policies contained in the housing element of the general plan to create a by-right housing overlay district to encourage the production of additional housing units, including affordable housing units at existing, older apartments, in a manner appropriate to their neighborhood and surrounding development.
I. Comply with state requirements as specified in California Government Code Sections 65583 and 65584.09, pertaining to the rezoning of sites for housing. (Ord. 645 § 3, 2022)
17.94.020 Establishment.
The BRHO district may be established or removed from the zoning map upon the application of a property owner or owners, or upon the initiative of the city council or planning commission, in accordance with the procedures set forth in Chapter 17.74. (Ord. 645 § 3, 2022)
17.94.030 Definitions.
For purposes of this chapter, the definitions set forth in Section 17.90.020 shall be, and hereby are, incorporated herein by this reference as if set forth in full. (Ord. 645 § 3, 2022)
17.94.040 Requirements for by-right development.
A. Notwithstanding development review process required elsewhere in this title, multiple family development projects in the BRHO shall not require discretionary review when the following elements are included in the project:
1. Twenty percent (20%) of the proposed units in the project are affordable to lower income households and are developed and restricted in accordance with Chapter 17.90..
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2. Fractional Units. In calculating the number of units affordable to lower income households required pursuant to subsection (A)(1) of this section, any fraction of less than 0.50 shall be rounded down to the nearest whole number, and any fraction of 0.50 or more shall be rounded up to the nearest whole number.
17.94.050 Process.
Applications under this section will be reviewed ministerially by the Community Development Director for compliance with City regulations and objective standards. The Community Development Director may deny or approve with conditions of approval which are either standard or required to bring the project into compliance with objective standards. The community development director may refer the application to the planning commission for comment on compliance with objective design standards.
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EXHIBIT F
Amendments to Chapter 17.04 DEFINITIONS
Specific sections of Chapter 17.04, Definitions, of Title 17, Zoning, of the Foster City Municipal Code are hereby added, deleted, or modified as follows:
17.04.204 Employee housing.
“Employee housing” means any housing providing accommodations for six or fewer employees.
17.04.342 Manufactured Home.
“Manufactured home” means any residential structure that was built or manufactured, in whole or in part, at a site different than its permanent installation location as a home. This includes: (1) factory built or modular housing constructed as regulated by the California Health and Safety Code, Division 13, Part 6, Sections 19960 to 19997 and (2) manufactured or mobile homes as regulated by the California Code of Regulations, Title 25, Division I, Chapter 3, Subchapter 2, commencing with section 4000, and Federal Regulation found at Title 24, Code of Federal Regulations, beginning with Section 3282.1.
17.04.350 Mobilehome.
A mobilehome is a structure as defined in Section 18008 of the state of California Health and Safety Code. For the purposes of enforcement of Chapter 17.64, a mobilehome is a trailer coach which is in excess of one hundred two inches in width or in excess of forty feet in overall length, measured from the foremost point of the trailer hitch to the rear extremity of the trailer. (Ord. 354 § 1, 1988: Ord. 38 § 1 (part), 1972: prior code § 10-402 (part))
17.04.350 Navigation Center, Low Barrier.
“Low Barrier Navigation Center” is a housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
1. The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
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2. Pets.
3. The storage of possessions.
4. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
17.04.544 Supportive housing.
“Supportive housing” means housing with no limit on length of stay, that is occupied by the target population as defined in Section 65582(i)53260(d) of the California Government CodeHealth and Safety Code, and that is linked to on- or off-site services that assist the supportive housing residents in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. (Ord. 578 § 3 (part), 2013)
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EXHIBIT G
Amendments to Chapter 17.12 R-1 Single Family Residence District Chapter 17.12, R-1 Single-Family Residence District is hereby amended as follows:
Sections:
17.12.010 Regulations generally.
17.12.020 Permitted uses.
17.12.030 Conditional uses.
17.12.040 Area, bulk, yard and height regulations.
17.12.050 Parking.
17.12.060 Minimum floor area.
17.12.010 Regulations generally.
The specific regulations set forth in this chapter shall apply in all R-1 districts. (Ord. 38 § 1 (part), 1972: prior code § 10-404.011)
17.12.020 Permitted uses.
The following uses shall be permitted in the R-1 district:
A. A. One-family residences.
a. In any single residence, in which not more than two paying guests may be lodged and/or furnished meals.
b. A one-family residence may be a manufactured home. A manufactured home refers to either a modular or factory-built home, which are considered the same as single-family residences, or to mobile homes (identified as manufactured homes by the National Manufactured Housing Construction and Safety Standards Act of 1974), which, if used as permanent dwellings, are subject to the following regulations:
i. Certification required. Noncertified manufactured homes are prohibited.
Manufactured homes must be certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC Sec. 5401, et seq.).
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ii. Location . As required by Government Code § 65852.3, manufactured homes for permanent occupancy are considered the same as single- family dwellings and are permitted in all zoning districts that allow single- family dwellings.
iii. Foundation system. The manufactured home shall be placed on a foundation system in compliance with Health and Safety Code § 18551; and
iv. Architectural standards. Manufactured homes shall be designed and constructed with roof eave and gable overhangs of not less than one (1) foot measured from the vertical side of the structure.
v. Density . The number of certified manufactured homes that may be placed on a single parcel shall be the same as the number of single-family dwellings permitted by the General Plan Land Use and Circulation Element.
vi. Age. The manufactured home must be no more than ten (10) years of age at the time of application for installation.
vii. Storage of unoccupied manufactured homes. Unoccupied manufactured homes or portions thereof that are not fixed to a foundation shall be stored only in a manufactured home sales lot, or an approved storage yard.
a.B. Employee housing. Employee housing for 1-6 employees shall be considered the same as single family residences.
B.C. Accessory structures and uses located on the same site as a one-family residence for which the use is clearly related to single-family dwelling, including the following:
1. Garages and carports;
2. Garden structures;
3. Greenhouses;
4. Storage buildings;
5. Recreation rooms;
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6. Hobby shops, provided that no noisy or otherwise objectionable machinery or equipment is used and provided that no sales are made therefrom;
7. Private swimming pools;
8. Home occupations as defined in Section 17.04.250;
9. Secondary residential units in compliance with Chapter 17.78;
10. Community care facilities including family day cares, day care centers, residential care facilities, transitional housing and supportive housing as defined by Sections 17.04.135, 17.04.149, 17.04.215, 17.04.459, 17.04.544 and 17.04.547. (Ord. 578 § 4, 2013; Ord. 515 § 2 Exh. A (part), 2005; Ord. 511 § 2, Exh. A (part), 2004; Ord. 38 § 1 (part), 1972: prior code § 10-404.012)
17.12.030 Conditional uses.
The following uses shall be permitted only when authorized by a conditional use permit issued in accordance with Chapter 17.72:
A. Temporary subdivision sales office and model homes; B. Temporary buildings or trailers used during construction on the site to be removed upon issuance of first occupancy permit;
C. Boardinghouses as defined in this title;
D. Any otherwise conforming structure built upon a nonconforming, legally constituted lot. (Ord. 38 § 1 (part), 1972: prior code § 10-404.013)
17.12.040 Area, bulk, yard and height regulations.
The following area, bulk, yard and height regulations shall apply in the R-1 district, except as modified by Chapter 17.54, Yards:
Minimum Building
Site
Minimum Lot Area
Per Dwelling Unit Minimum Yards Required
Maximum
Height
Permitted
Maximum
Coverage
Permitted
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Minimum
Width (ft.)
Minimum
Area
(sq. ft.) (sq. ft.) Front (ft.) Side (ft.) Rear (ft.) Stories Ft. (%) 40 5,000 5,000 20 5 20 2 25 50
(Ord. 515 § 2 Exh. A (part), 2005; Ord. 38 § 1 (part), 1972: prior code § 10-404.014)
17.12.050 Parking.
Parking shall be provided in accordance with Chapter 17.62. (Ord. 38 § 1 (part), 1972: prior code § 10-404.015)
17.12.060 Minimum floor area.
Minimum floor area shall be provided in accordance with Chapter 17.56. (Ord. 38 § 1 (part), 1972: prior code § 10-404.016)
Resolution No. P-17-22
RZ2022-0003
DocuSign Envelope ID: 93746B2B-7FED-4C53-9655-A14975632835
6.1 Attachment 12 - Planning Commission Resolutions P-17-22 through P-20-22
289
EXHIBIT H
Amendments to Chapter 17.14 R-2 Two-Family Residence District Chapter 17.14 R-2 Two-Family Residence District of Title 17, Zoning, of the Foster City Municipal Code is hereby amended as follows:
Sections:
17.14.010 Regulations generally.
17.14.020 Permitted uses.
17.14.030 Conditional uses.
17.14.040 Area, bulk, yard and height regulations.
17.14.050 Parking.
17.14.060 Minimum floor area.
17.14.010 Regulations generally.
The specific regulations set forth in this chapter shall apply in all R-2 districts. (Ord. 38 1 (part), 1972: prior code 10-404.021)
17.14.020 Permitted uses.
The following uses shall be permitted in the R-2 districts:
A. Those uses permitted in any R-1 districts and as regulated therein; B. Two-family residences or duplex structures. (Ord. 38 1 (part), 1972: prior code 10-404.022)
17.14.030 Conditional uses.
The following uses shall be permitted only when authorized by a conditional use permit issued in accordance with Chapter 17.72:
A. Those uses permitted in the R-1 districts with a conditional use permit and as regulated therein;
B. Any otherwise conforming structure built upon a nonconforming legally-constituted lot. (Ord. 38 1 (part), 1972: prior code 10-404.023)
17.14.040 Area, bulk, yard and height regulations.
The following area, bulk, yard and height regulations shall apply in the R-2 districts:
Resolution No. P-17-22
RZ2022-0003
DocuSign Envelope ID: 93746B2B-7FED-4C53-9655-A14975632835
6.1 Attachment 12 - Planning Commission Resolutions P-17-22 through P-20-22
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Minimum Building Site Minimum Lot
Area Per
Minimum Yards
Required
Maximum
Height
Permitted
Maximum
Coverage
Permitted
Minimum
Width
(ft.)
Minimum
Area
(sq. ft.)
Dwelling Unit
(sq. ft.)
Front
(ft.)
Side
(ft.)
Rear
(ft.)
Stories Ft. (%)
40 5,000 3,500 20 5 20 2 25 50
(Ord. 38 1 (part), 1972: prior code 10-404.024)
17.14.050 Parking.
Parking shall be provided in accordance with Chapter 17.62. (Ord. 38 1 (part), 1972: prior code 10-404.025)
17.14.060 Minimum floor area.
Minimum floor areas shall be provided as established in Chapter 17.56. (Ord. 38 1 (part), 1972:
prior code 10-404.026)
Resolution No. P-17-22
RZ2022-0003
DocuSign Envelope ID: 93746B2B-7FED-4C53-9655-A14975632835
6.1 Attachment 12 - Planning Commission Resolutions P-17-22 through P-20-22
291
EXHIBIT I
Amendments to Chapter 17.16 R-T Townhouse Residence District Chapter 17.16 R-T Townhouse Residence District of Title 17, Zoning, of the Foster City Municipal Code is hereby amended as follows:
Sections:
17.16.010 Regulations generally.
17.16.020 Permitted uses.
17.16.030 Conditional uses.
17.16.040 Development regulations.
17.16.050 Parking.
17.16.060 Minimum floor area.
17.16.010 Regulations generally.
The specific regulations set forth in this chapter shall apply in all R-T districts. (Ord. 38 § 1 (part), 1972: prior code § 10-404.031)
17.16.020 Permitted uses.
The following uses shall be permitted in the R-T district:
A. One-family attached residential or townhouse units, provided that a maximum of six units may be joined together by common walls;
B. Accessory structures and uses located on the same site as the townhouse unit for which the use is clearly related to the primary unit;
C. Home occupations as defined in Section 17.04.250; D. Common open areas maintained and available for the use of the residents of the development;
E. Private roads and driveways provided that:
1. A minimum road width of twenty-four feet shall be maintained where no driveway access occurs, and width of twenty-eight feet shall be minimum where driveways or parking bays occur.
Resolution No. P-17-22
RZ2022-0003
DocuSign Envelope ID: 93746B2B-7FED-4C53-9655-A14975632835
6.1 Attachment 12 - Planning Commission Resolutions P-17-22 through P-20-22
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2. In addition to normally required parking, at least two-thirds space for guest parking shall be provided for each unit within the development. Guest spaces shall be reasonably accessible to all units;
F. Common recreation facilities including but not limited to community buildings, swimming pools, activity court and the like. A minimum of ten percent of the development shall be devoted to active recreational activity;
G. Community care facilities including family day cares, day care centers, residential care facilities, transitional housing and supportive housing as defined by Sections 17.04.135, 17.04.149, 17.04.215, 17.04.459, 17.04.544 and 17.04.547; H. Accessory dwelling units in compliance with Chapter 17.78. (Ord. 633 § 1, 2020; Ord. 578 § 5, 2013; Ord. 515 § 2 Exh. A (part), 2005; Ord. 377 § 2, 1990: Ord. 38 § 1 (part), 1972: prior code § 10-404.032)
17.16.030 Conditional uses.
The following uses shall be permitted only when authorized by a conditional use permit issued in accordance with Chapter 17.72:
A. Temporary sales office and model complex for first sale of residences within the development;
B. Temporary buildings or trailers used during construction on the site, to be removed upon issuance of the first occupancy permit. (Ord. 377 § 3, 1990: Ord. 38 § 1 (part), 1972: prior code § 10-404.033)
17.16.040 Development regulations.
Due to the unique character of townhouse development and the required common area and recreation areas, a use permit shall be required for each separate development. The R-T zone hall be developed only in conjunction with the PD combining district zone and processed in the method prescribed therein. The standards development generally used are those set forth in the Hahn-Wise report “Townhouse and Apartment Development in Foster City.” (Ord. 38 § 1 (part), 1972: prior code § 10-404.034)
17.16.050 Parking.
Resolution No. P-17-22
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DocuSign Envelope ID: 93746B2B-7FED-4C53-9655-A14975632835
6.1 Attachment 12 - Planning Commission Resolutions P-17-22 through P-20-22
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Parking shall be provided in accordance with Chapter 17.62. (Ord. 38 § 1 (part), 1972: prior code § 10-404.035)
17.16.060 Minimum floor area.
Minimum floor areas shall be established as provided in Chapter 17.56. (Ord. 38 § 1 (part), 1972: prior code § 10-404.036)
Resolution No. P-17-22
RZ2022-0003
DocuSign Envelope ID: 93746B2B-7FED-4C53-9655-A14975632835
6.1 Attachment 12 - Planning Commission Resolutions P-17-22 through P-20-22
294
EXHIBIT J
Amendments to Chapter 17.22 C-O Commercial Office District Chapter 17.22 C-O Commercial Office District of Title 17, Zoning, of the Foster City Municipal Code is hereby amended as follows:
Sections:
17.22.010 Regulations generally.
17.22.020 Permitted uses.
17.22.030 Conditional uses.
17.22.040 Area, bulk, yard and height regulations.
17.22.050 Parking.
17.22.060 Minimum floor area.
17.22.010 Regulations generally.
The specific regulations set forth in this chapter shall apply in the C-O districts. (Ord. 38 1 (part), 1972: prior code 10-404.061)
17.22.020 Permitted uses.
The following uses shall be permitted in the C-O districts:
A. Administrative, professional and business offices;
B. Accessory uses such as pharmacies in connection with medical offices, restaurants which are clearly subordinate to the main use of the building; C. Parking lots improved in conformity with the standard prescribed for required off-street facilities in Chapter 17.62;
D. Other uses which, in the opinion of this planning director, are similar to and no more offensive than the above-listed uses. (Ord. 38 1 (part), 1972: prior code 10-404.062)
17.22.030 Conditional uses.
The following uses shall be permitted only when authorized by a conditional use permit issued in accordance with Chapter 17.72:
A. Any use permitted in the C-1 zone provided that the use is integrated within a development primarily devoted to office use;
Resolution No. P-17-22
RZ2022-0003
DocuSign Envelope ID: 93746B2B-7FED-4C53-9655-A14975632835
6.1 Attachment 12 - Planning Commission Resolutions P-17-22 through P-20-22
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B. Restaurants and on-premises sale of alcoholic beverages where food is served; C. Live entertainment;
D. Nonprofit community theater groups which hold or have applied for a license for the on-sale of alcoholic beverages pursuant to Section 24045.7 of the Alcoholic Beverage Control Act and conform to the use requirements within the C-O zoning district shall be allowed to sell alcoholic beverages to ticket holders for the limited purpose of on-site consumption within the confines of the building in which the permit to operate has been issued subject to all of the following:
1. Sale and service of alcoholic beverages shall be in accordance with all applicable state laws and may only occur during intermission, and one hour prior to and one hour after a bona fide theater performance of the theater group. (Ord. 445 1, 1997: Ord. 211 2, 1981; Ord. 38 1 (part), 1972: prior code 10-404.063)
17.22.040 Area, bulk, yard and height regulations.
The following area, bulk and height regulations shall apply in the C-O districts:
Minimum Building
Site
Minimum Yards Maximum Maximum
Average Minimum Required Height Coverage
Width Area Front Side Rear Permitted Permitted
(ft.) (sq. ft.) (ft.) (ft.) (ft.) Stories Ft. (%)
75 10,000 20 10 10 3 36 35
(Ord. 38 1 (part), 1972: prior code 10-404.064)
17.22.050 Parking.
Parking shall be provided in accordance with Chapter 17.62. (Ord. 38 1 (part), 1972: prior code 10-404.065)
17.22.060 Minimum floor area.
Minimum floor areas shall be provided as established in Chapter 17.56. (Ord. 38 1 (part), 1972:
prior code 10-404.066)
Resolution No. P-17-22
RZ2022-0003
DocuSign Envelope ID: 93746B2B-7FED-4C53-9655-A14975632835
6.1 Attachment 12 - Planning Commission Resolutions P-17-22 through P-20-22
296
EXHIBIT K
Amendments to Chapter 17.24 C-1 Neighborhood Business District Chapter 17.24 C-1 Neighborhood Business District of Title 17, Zoning, of the Foster City Municipal Code is hereby amended as follows:
Sections:
17.24.010 Regulations generally.
17.24.020 Permitted uses.
17.24.030 Conditional uses.
17.24.040 Area, bulk, yard and height requirements. 17.24.050 Parking and loading.
17.24.060 Use enclosure requirements.
17.24.010 Regulations generally.
The specific regulations set forth in this chapter shall apply in all C-1 districts.
A. No use shall be permitted the nature or manner of operation of which is determined by the planning commission to be unduly detrimental or injurious to other properties in the vicinity or uses thereon or to the general public welfare by reason of the emission of odor, dust, smoke, noise, vibrations, electrical or other disturbances.
B. Any recreational or instructional school or business teaching or offering dance, music, singing, gymnastics, boxing, wrestling, martial arts, sports training, and fitness training shall, with the exception of allowing ingress into and egress out of the school or business, keep all of the windows and doors serving the facility closed when conducting noise-generating activities such as classes, training, instructions, recitals, exhibitions or performances.
C. No existing gasoline service station shall be permitted to alter or convert its operations or physical plant in such a fashion that either or both of the following occur:
1. Automotive service bays are decreased in number or eliminated and automotive service is diminished or eliminated.
Resolution No. P-17-22
RZ2022-0003
DocuSign Envelope ID: 93746B2B-7FED-4C53-9655-A14975632835
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2. Sale of nonautomotive repair, service or operations items occurs by any means other than by use of vending machines. (Ord. 565 § 1 (part), 2011: Ord. 330 1, 1986: Ord. 38 1 (part), 1972: prior code 10-404.071)
17.24.020 Permitted uses.
The following uses shall be permitted and/or limited in the C-1 districts:
A. Retail stores and service establishments which supply commodities or provide services primarily to meet the needs of residents of the surrounding residential districts, such as grocery stores, bakery outlets, drugstores, barber or beauty shops, liquor stores (package goods only), delicatessens, florist shops, laundromats, clothes cleaning pickup stations, variety stores, hardware stores, TV repair shops and other uses which, in the opinion of the city planning director (director of planning and development services), are similar. Shopping center use limitations and regulations adopted as use permit conditions of approval, which were in effect on (ordinance codified in this subsection adoption date) notwithstanding, retail stores which, in the sole judgment of the city, are determined to be other than primarily neighborhood-serving may, upon prior review and written approval of the director of planning and development services, be allowed but shall be limited to a maximum of thirty-three percent of a neighborhood shopping center’s gross square footage. In addition, such uses shall not create a demand for parking which exceeds the existing capacity of the parking lot serving the center, nor shall they individually or collectively violate any provision of Chapter 17.68 of this title. The determination regarding whether or not there is sufficient parking capacity to serve the proposed use(s) and all other existing uses shall be made solely by the city after it receives information from the shopping center owner establishing the gross square footage of the center and individual stores.
In determining whether or not to approve a request to allow a retail store which is other than primarily neighborhood-serving, the director of planning and development services shall base such a decision on an assessment of the demand for parking that will be created by the store, the existing capacity of the parking lot serving the shopping center, the presence or possible occurrence of parking problems due to insufficient parking to serve the proposed store or existing stores, an assessment of the ability of the proposed store to meet the provisions of Chapter 17.68 of this title, as well as any other possible public nuisance impacts; B. Administrative, professional and business offices; Resolution No. P-17-22
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C. Restaurants (except drive-in or walk-up restaurants), tea rooms, cafes or soda fountains not including entertainment or the sale of alcoholic beverages for consumption upon the premises;
D. Parking lots improved in conformity with the standards prescribed for required off-street parking facilities in Chapter 17.62;
E. Emergency shelters and Low-Barrier Navigation Centers pursuant to Chapter 17.82. (Ord. 578 § 7, 2013; Ord. 384 1, 1991; Ord. 38 1 (part), 1972: prior code 10-404.072)
17.24.030 Conditional uses.
The following uses shall be permitted only when authorized by a conditional use permit issued in accordance with Chapter 17.72:
A. Automobile service station;
B. The on-premises sale of alcoholic beverages where food is served; C. Walk-up or take-out restaurants designed for food consumption on the premises but outside of the building;
D. Churches and other religious institutions;
E. Private clubs and lodges;
F. Public buildings and grounds, public utility and public service structures or installations when found by the commission to be necessary for public health, safety or welfare; G. Incidental and accessory structures and uses located on the same site with and necessary to the operation of a conditional use;
H. Live entertainment;
I. Combination minimart (sale of food or nonautomotive items) and gasoline pumping or service stations subject to Section 17.24.010;
J. The sale of alcoholic beverages as a part of or on the same site as a use also selling gasoline. (Ord. 330
Resolution No. P-17-22
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6.1 Attachment 12 - Planning Commission Resolutions P-17-22 through P-20-22
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2, 1986: Ord. 211 3, 1981; Ord. 38 1 (part), 1972: prior code 10-404.073)
17.24.040 Area, bulk, yard and height requirements.
The following area, bulk, yard and height regulations shall apply in the C-1 districts:
Minimum Minimum
Building Site Minimum Yards Maximum Maximum Open
Green
Average Minimum Required Height Coverage Area
Width Area Front Side Rear Permitted Permitted Required (ft.) (sq. ft.) (ft.) (ft.) (ft.) Stories Ft. (%) (%)
50 5,000 0 0 0 1 20 25 15
Where a neighborhood commercial zone abuts a residential zone, no building shall be closer than twenty-eight feet to the residential zone. (Ord. 38 1 (part), 1972: prior code 10-404.074)
17.24.050 Parking and loading.
Parking and loading facilities shall be provided in accordance with the provisions of Chapter 17.62. (Ord. 38 1 (part), 1972: prior code 10-404.075)
17.24.060 Use enclosure requirements.
All uses permitted within this chapter, except parking and other permitted outside accessory uses, shall be conducted within an enclosed building. (Ord. 38 1 (part), 1972: prior code 10- 404.076)
Resolution No. P-17-22
RZ2022-0003
DocuSign Envelope ID: 93746B2B-7FED-4C53-9655-A14975632835
6.1 Attachment 12 - Planning Commission Resolutions P-17-22 through P-20-22
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EXHIBIT L
Amendments to Chapter 17.28 C-M Commercial Mix District
Chapter 17.28 C-M Commercial Mix District of Title 17, Zoning, of the Foster City Municipal Code is hereby amended as follows:
Sections:
17.28.010 Regulations generally.
17.28.020 Combining zone required.
17.28.030 Permitted uses.
17.28.040 Area, bulk, yard and height regulations.
17.28.050 Parking.
17.28.060 Minimum floor area.
17.28.010 Regulations generally.
The specific regulations set forth in this chapter shall apply in all C-M districts.
Any recreational or instructional school or business teaching or offering dance, music, singing, gymnastics, boxing, wrestling, martial arts, sports training, and fitness training shall, with the exception of allowing ingress into and egress out of the school or business, keep all of the windows and doors serving the facility closed when conducting noise-generating activities such as classes, training, instructions, recitals, exhibitions or performances. (Ord. 565 § 1 (part), 2011: Ord. 38 § 1 (part), 1972: prior code § 10-404.091)
17.28.020 Combining zone required.
The C-M district shall be used only in conjunction with the combining zone PD (planned development). This requirement is deemed necessary to insure the provision of adequate parking, to minimize potential conflict between dissimilar uses and to provide maximum flexibility of development. (Ord. 38 § 1 (part), 1972: prior code § 10-404.092)
17.28.030 Permitted uses.
A. The uses permitted within the C-M district are only those uses specified within the use permit required in connection with such district. Other uses may be approved from time to time by the planning commission and found to be similar to the uses previously approved.
Resolution No. P-17-22
RZ2022-0003
DocuSign Envelope ID: 93746B2B-7FED-4C53-9655-A14975632835
6.1 Attachment 12 - Planning Commission Resolutions P-17-22 through P-20-22
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B. Cannabis testing laboratories may be an allowable use within the required use permit only in that portion of the C-M district that is located north of California State Highway Route 92, subject to the requirements of Chapter 8.10 and subject to the requirements of this chapter.
C. No use shall be established on a parcel of land which causes the amount of parking required by this title for that parcel to exceed the number of parking spaces provided. Where combined use of parking is requested, the number of parking spaces provided shall not be reduced below the number of spaces required by the maximum user. (Ord. 616 § 6, 2018: Ord. 38 § 1 (part), 1972: prior code § 10-404.093)
17.28.040 Area, bulk, yard and height regulations.
Area, bulk, yard and height regulations shall be established within the use permit required on the subject property. (Ord. 38 § 1 (part), 1972: prior code § 10-404.094)
17.28.050 Parking.
Parking shall be provided in accordance with Chapter 17.62. (Ord. 38 § 1 (part), 1972: prior code § 10-404.095)
17.28.060 Minimum floor area.
Minimum floor areas for residential units shall be provided as established in Chapter 17.56. (Ord. 38 § 1 (part), 1972: prior code § 10-404.096)
Resolution No. P-17-22
RZ2022-0003
DocuSign Envelope ID: 93746B2B-7FED-4C53-9655-A14975632835
6.1 Attachment 12 - Planning Commission Resolutions P-17-22 through P-20-22
302
EXHIBIT M
Amendments to Chapter 17.32 P-F Public Facilities District Chapter 17.32 Public Facilities District of Title 17, Zoning, of the Foster City Municipal Code is hereby amended as follows:
Sections:
17.32.010 Regulations generally.
17.32.020 Permitted uses.
17.32.030 Conditional uses.
17.32.040 Prohibited uses.
17.32.050 Use conditions and standards.
17.32.010 Regulations generally.
The P-F public facilities district is reserved for the construction, use and occupancy of governmental, public utility and educational buildings and facilities, and other uses compatible with the semipublic character of the district. (Ord. 38 1 (part), 1972: prior code 10-404.111)
17.32.020 Permitted uses.
The following uses shall be permitted in the P-F districts:
A. Buildings and facilities owned, leased or operated (whether in a governmental or proprietary capacity) by the city, the county, the state, or the federal governments, any public school district or any other public district within the city.
B. Emergency shelters and Low-Barrier Navigation Centers for the homeless pursuant to Chapter 17.82. (Ord. 578 § 8, 2013: Ord. 38 1 (part), 1972: prior code 10-404.112)
17.32.030 Conditional uses.
The following uses shall be permitted subject to the issuance of a conditional use permit:
A. Public service buildings and accessory uses;
B. Public utility buildings and service facilities;
C. Electric distribution substations;
Resolution No. P-17-22
RZ2022-0003
DocuSign Envelope ID: 93746B2B-7FED-4C53-9655-A14975632835
6.1 Attachment 12 - Planning Commission Resolutions P-17-22 through P-20-22
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D. Church, convent, monastery, parsonage or nunnery; E. Private or public golf course;
F. Schools, public and private;
G. Privately-operated concessions leased or permitted by a governmental agency on its property;
H. Other uses which are compatible with the semipublic character of the district. (Ord. 38 1 (part), 1972: prior code 10-404.113)
17.32.040 Prohibited uses.
The following uses shall be prohibited:
A. Storage or parking of commercial or industrial vehicles, except for the purpose of loading or unloading;
B. Storage of materials, supplies or equipment for commercial or industrial purposes. (Ord. 38 1 (part), 1972: prior code 10-404.114)
17.32.050 Use conditions and standards.
Each use, and incidental or accessory use, permitted shall comply with the following standards and conditions notwithstanding any of the provisions of this title.
A. A minimum of fifteen percent of each lot shall be devoted to landscape area.
B. The minimum front yard, side yards and rear yard required in this district shall be equal to those required in the most restrictive abutting zoning district. Except where property in this district abuts property in any other district, the minimum yard required shall be the same as that required along the same property line in the abutting district.
C. The maximum structural coverage shall not exceed the maximum structural coverage in the most restrictive zoning district abutting the property. (Ord. 38 1 (part), 1972: prior code 10- 404.115)
Resolution No. P-17-22
RZ2022-0003
DocuSign Envelope ID: 93746B2B-7FED-4C53-9655-A14975632835
6.1 Attachment 12 - Planning Commission Resolutions P-17-22 through P-20-22
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EXHIBIT N
Addition of Chapter 17.55 Replacement Units
Chapter 17.55 Replacement Units of Title 17, Zoning, of the Foster City Municipal Code is hereby added as follows:
Chapter 17.55
REPLACEMENT UNITS
Sections:
17.56.010 Purpose.
17.56.020 Requirements for Replacement Units.
17.56.010 Purpose.
The purpose of the Replacement Unit Requirement established by this chapter is to ensure that, through preservation or replacement, the City maintains, at minimum, its current level of homes affordable to low-income families.
17.56.020 Requirements for Replacement Units.
A. Development projects within the City shall not result in a net housing loss. If the Community Development Director determines that a development project would result in a net housing loss, the developer shall replace residential units to be removed, whether the units to be removed are occupied or not. Residential units shall be replaced on a one-for-one basis and shall be applied for and built concurrently with the development project. Replacement units shall be located within the same neighborhood as the units removed, but need not be located on the same site as previously existed.
B. Development projects shall meet the following standards, subject to the approval of the Community Development Director:
1. Applicability.
Resolution No. P-17-22
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a. Current or Past Residential Use. Replacement requirements shall be applicable for sites that currently have residential uses, or within the past five years (based on the date the application for development was submitted) have had residential uses that have been vacated or demolished, and:
i. Were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low- income, or
ii. Subject to any other form of rent or price control through a public entity’s valid exercise of its police power, or
iii. Occupied by low or very low-income households
b. A housing development project shall not be approved if it will require the demolition of residential dwelling units, regardless of whether the parcel was listed in the inventory, unless
i. The project will create at least as many residential dwelling units as will be demolished, and
ii. Certain affordability criteria are met, as further described by California Government Code Section 66300(d).
2. Vacation of Unit . Each tenant shall have the right to remain no fewer than sixty days from the date of city approval of a development project application. The community development director or council may grant an extension to this right to remain for a period of time not to exceed an additional thirty days.
Resolution No. P-17-22
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3. No Increase in Rent. A tenant’s rent shall not be increased during the period provided in subsection (B)(1) of this section.
4. Affordability of Units. The development project shall include dwelling units affordable to very low-, low- and moderate-income households, at rents or sales prices that meet the City’s affordable housing standards. The number of dwellings to be rented or sold at affordable levels shall equal the maximum number of affordable dwellings that existed within the twenty-four-month period immediately prior to the application for the conversion permit, and according to the affordability guidelines described in California Government Code Sections 65583.2(g)(3) and 65915(c)(3)(B) for replacement units
When a project is approved, for each unit merged, demolished or eliminated, the developer shall be required to provide an affordable designated unit in the new project to a qualifying household in perpetuity. The developer shall enter a regulatory agreement with the City to provide for the provision of any such units, and the regulatory agreement shall be recorded with the San Mateo County Recorder's Office.
5. Tenant Relocation Assistance . For very low-, low-, or moderate-income residents displaced by the development project, the developer shall provide relocation assistance, subject to the approval of the director. Such assistance may include, but is not limited to, giving tenants the first right of refusal to purchase or rent affordable replacement units, reimbursement of moving costs, and/or providing rental assistance.
6. No permit to demolish a residential building in any zoning district shall be issued until a building permit for the replacement structure is approved and the time for filing an appeal or court action has lapsed with no appeal or court action filed, unless the building is determined to pose a serious and imminent hazard as defined in the Building Code. In the event an appeal Resolution No. P-17-22
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or court action is filed, a permit to demolish a residential building shall not be issued unless the appeal is resolved in favor of the demolition, or the court action upholds the demolition.
Resolution No. P-17-22
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EXHIBIT O
Amendments to Chapter 17.70 Nonconformity Uses
Chapter 17.70 Nonconformity Uses of Title 17, Zoning, of the Foster City Municipal Code is hereby amended as follows:
Sections:
17.70.010 Regulation generally.
17.70.020 Existing nonconformities.
17.70.030 Continuation.
17.70.040 Nonconforming building—Alteration—Generally.
17.70.050 Nonconforming building—Alteration—Permit required.
17.70.060 Nonconforming building—Destruction and restoration.
17.70.070 Nonconformance designation until use permit issuance.
17.70.080 Nonconforming building—Time for conformance—Generally.
17.70.090 Nonconforming building—Time for conformance—Designations.
17.70.100 Nonconforming building—Maintenance and repairs.
17.70.110 Nonconforming building—Under the three thousand dollars’ valuation.
17.70.120 Nonconformity due to redistricting.
17.70.130 Nonconforming fences, walls and hedges.
17.70.010 Regulation generally.
Except as otherwise provided in this title, uses of land, buildings or structures existing at the time of the adoption of the ordinance codified in this title may be continued, although the particular use or the building or structure does not conform to the regulations specified by this title for the district in which the particular building or structure is located or use is made; provided however, no nonconforming structure or use of land may be extended to occupy a greater area of land, building or structure than is occupied at the time of the adoption of the ordinance codified herein. If any nonconforming use is discontinued or abandoned, any subsequent use of such land or building shall conform to the regulations specified for the district in which such land or building is located. If no structural alterations are made therein, a nonconforming building may be changed to another use of the same or more restrictive classification or a more restrictive nonconforming use. If any use is wholly discontinued for any reason except pursuant to a valid order of a court of law, for the period of six months, it shall be conclusively presumed that such use has been abandoned within the meaning of this title, and Resolution No. P-17-22
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all future uses shall comply with the regulations of the particular district in which the land or building is located. (Ord. 38 § 1 (part), 1972: prior code § 10-407.010)
17.70.020 Existing nonconformities.
The regulations prescribed in Chapters 17.12 through 17.34 shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of the ordinance codified in this title or otherwise interfere with the continuance of any nonconforming use. Nothing herein contained shall require any change in the construction, alteration or intended use of any structure unless otherwise specified in this title. (Ord. 38 § 1 (part), 1972: prior code § 10-407.020)
17.70.030 Continuation.
If any lands upon which no building or structure of any kind is located are used for a purpose which is not in compliance with the regulations of the district where such lands are located, such use may continue for a period of five years from the date of the adoption of the ordinance codified in this title. After the expiration of the aforementioned five-year period, such lands shall be used only in conformance with the regulations of the district in which they are located. (Ord. 38 § 1 (part), 1972: prior code § 10-407.030)
17.70.040 Nonconforming building—Alteration—Generally.
Any building or structure existing at the date of the adoption of the ordinance codified in this title which is nonconforming either in use, design or arrangement shall not be enlarged, extended, reconstructed or structurally altered unless such enlargement, extension, reconstruction or alteration is in compliance with the regulations set forth in this title for the district where such building or structure is located; provided, however, any such nonconforming building or structure may be maintained, repaired or portions thereof replaced do not exceed twenty-five percent of the building’s market value (as established by a qualified appraiser selected by the city), with the exception that residential dwellings, not including accessory structures, constructed prior to 1972 with all required permits, and other improvements to the dwelling that received all required permits, shall be allowed to be reconstructed to their original or approved condition with respect to building setbacks, building orientation, floor area, height and architectural design if the cause of reconstruction is due to fire, explosion, flood, earthquake, tsunami, seiche or other natural disasters. (Ord. 410 1 (part), 1994: Ord. 38 1 (part), 1972: prior code 10-407.040)
17.70.050 Nonconforming building— Alteration—Permit required.
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Before any nonconforming structure may be replaced, substantially altered or repaired, rebuilt, in any district, a permit shall be secured from the planning commission or the community development director as appropriate, authorizing such replacement, change or repair. (Ord. 410 1 (part), 1994: Ord. 38 1 (part), 1972: prior code 10-407.050)
17.70.060 Nonconforming building— Destruction and restoration.
A nonconforming building destroyed to the extent of more than fifty percent of its market value (as established by a qualified appraiser selected by the city) at the time of its destruction by fire, explosion or other casualty or act of nature may be restored and used only in compliance with the regulations existing in the district wherein it is located with the exception that residential dwellings, not including accessory structures, constructed prior to 1972 with all required permits, and other improvements to the dwelling that received all required permits, shall be allowed to be reconstructed to their original or approved condition with respect to building setbacks, building orientation, floor area, height and architectural design if the cause of reconstruction is due to fire, explosion, flood, earthquake, tsunami, seiche or other natural disasters. (Ord. 410 1 (part), 1994: Ord. 38 1 (part), 1972: prior code 10-407.060)
17.70.070 Nonconformance designation until use permit issuance.
Any use for which a use permit is required by the terms of this title shall be considered a nonconforming use unless and until a use permit is obtained in accordance with Chapter 17.72. (Ord. 38 1 (part), 1972: prior code 10-407.070)
17.70.080 Nonconforming building—Time for conformance—Generally.
In all districts, every nonconforming building which was designed or intended for a use excluded from said districts shall be completely removed, or shall be altered and converted to a conforming building, when it reaches the age specified in Section 17.70.090; provided, however, that no such removal, alteration or conversion shall be required prior to fifteen years from the date of adoption. (Ord. 38 1 (part), 1972: prior code 10-407.080)
17.70.090 Nonconforming building—Time for conformance—Designations.
The type of building shall be as defined in the building code of the city, as adopted and amended. The age of a building or structure shall be computed from the date the building or structure was erected.
Resolution No. P-17-22
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Type of Building Age of Building
I or II 30 years
III or IV 20 years
V 15 years
If any building becomes subject to the provisions of this chapter by virtue of any amendment to this title, no removal, alteration or conversion of such building shall be required within five years of the effective date of the amendment. (Ord. 38 1 (part), 1972: prior code 10-407.090)
17.70.100 Nonconforming building— Maintenance and repairs.
Ordinary maintenance and repairs may be made to any nonconforming building, providing no structural alterations are made and provided that such work does not exceed fifteen percent of the fair market value in any one-year period. Other repairs or alterations may be permitted, provided that a use permit shall first be secured in each case. (Ord. 38 1 (part), 1972: prior code 10-407.100)
17.70.110 Nonconforming building—Under the three thousand dollars’ valuation.
Any structure which does not conform to the regulations of the district in which it is located, and which had an assessed valuation of three thousand dollars or less at the time it became nonconforming, shall be removed, or altered or reconstructed to be structurally conforming, within five years from the time the structure became nonconforming. The building official shall cause notice to be given to the owners of any such structure at least one year prior to the time removal or alteration is required to be completed until such one-year period has lapsed. This provision shall apply to nonconforming uses constructed with or without a legal permit. (Ord. 38 1 (part), 1972: prior code 10-407.110)
17.70.120 Nonconformity due to redistricting.
The foregoing provisions of this chapter shall apply to structures, land and uses which hereafter become nonconforming due to redistricting of any lands under the provisions of this title. (Ord. 38 1 (part), 1972: prior code 10-407.120)
17.70.130 Nonconforming fences, walls and hedges.
Other sections of this chapter notwithstanding, the following regulations shall apply to fences, walls and hedges:
Resolution No. P-17-22
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A. Existing fences and walls which were legally constructed or installed pursuant to the regulations in effect at the time of construction but do not meet the criteria established in Chapter 17.52 shall be considered legal nonconforming and shall be allowed to remain until such time as twenty-five percent of the area of the subject fence or wall is replaced or remodeled, except that fences and walls which are in violation of Section 17.52.030 and thereby interfere with sight-distance at intersections shall conform to the most current regulations. At such time as any legal nonconforming fence or wall is replaced or remodeled, it shall conform to the criteria established in Chapter 17.52 and shall be subject to the architectural review process as described therein.
B. Fences or walls which do not conform to current regulations shall be presumed to have been legally constructed and therefore be considered legal nonconforming unless it can be demonstrated by the city that the fence or wall did not conform to the regulations in effect at the time of construction.
C. Except in instances where hedges create public safety issues by blocking streetlight poles, fire hydrants, water meters, utility boxes, street signs, stop signs, traffic control signs or sidewalks, existing hedges which do not conform to the height requirements established in this chapter shall be pruned in accordance with requirements established in Chapter 17.52 by January 1, 2016, unless registered with the city or granted an exception pursuant to Section 17.52.070. (Ord. 589 § 1 (part), 2014: Ord. 351 1, 1988) Resolution No. P-17-22
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EXHIBIT P
Amendments to Chapter 17.78 Accessory Dwelling Units
Chapter 17.78 Accessory Dwelling Units of Title 17, Zoning, of the Foster City Municipal Code is hereby amended as follows:
Sections:
17.78.010 Findings.
17.78.020 Purpose.
17.78.030 Application.
17.78.040 Definitions.
17.78.050 Permit application for an accessory dwelling unit.
17.78.060 Standards applicable to single-family residence zoning districts.
17.78.070 Standards applicable to multifamily residence zoning districts.
17.78.080 Parking requirements for accessory dwelling units.
17.78.090 Permit issuance.
17.78.100 Other provisions.
17.78.010 Findings.
A. The adoption of an accessory dwelling unit ordinance which permits accessory dwelling units by ministerial review in residential zoning districts is consistent with the goals and policies of the Foster City general plan in that accessory dwelling units would help meet the need for affordable housing. Furthermore, construction of accessory dwelling units is not as costly as new construction, because there are no additional land costs, infrastructure costs are reduced, and an accessory dwelling unit can be added at the cost of an addition to, or remodeling of, the main single-family dwelling.
B. The accessory dwelling unit ordinance is intended to permit accessory dwelling units while maintaining the health, safety and welfare of surrounding residents, the character of existing neighborhoods, and the community as a whole. (Ord. 633 § 3 (part), 2020: Ord. 611 § 3 (part), 2017: Ord. 511 § 2, Exh. A (part), 2004: Ord. 279 § 1 (part), 1984)
17.78.020 Purpose.
The purpose of this chapter is to allow ADUs in single-family residence and multifamily residence zoning districts through ministerial permit procedures in compliance with state laws.
Resolution No. P-17-22
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(Ord. 633 § 3 (part), 2020: Ord. 611 § 3 (part), 2017: Ord. 511 § 2, Exh. A (part), 2004: Ord. 279 § 1 (part), 1984)
17.78.030 Application.
The provisions of this chapter shall apply in residential zoning districts (with or without a planned development combining district). ADUs are not permitted in any other district. (Ord. 633 § 3 (part), 2020: Ord. 611 § 3 (part), 2017: Ord. 511 § 2, Exh. A (part), 2004: Ord. 279 § 1 (part), 1984)
17.78.040 Definitions.
A. “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary dwelling is situated. The unit shall be clearly subordinate to the primary dwelling unit on the parcel by size, location, and appearance. An ADU also includes the following:
1. An efficiency unit, as defined in California Health and Safety Code Section 17958.1, except that the efficiency unit shall be required to provide complete cooking and sanitation facilities.
2. A manufactured home, as defined in California Health and Safety Code Section 18007, subject to all provisions of this chapter.
3. A conversion ADU or ADU converted from existing spaces is a unit within an existing permitted, legally constructed space, including a subordinate portion of the primary structure, an attached or detached garage, or other accessory building or accessory structure.
B. "High-quality transit corridor” means a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours.
C. “Junior accessory dwelling unit” or “JADU” is defined per California Government Code Section 65852.22, as it may be amended from time to time, and generally means a unit of no more than five hundred square feet, which is located entirely within the walls of an existing or proposed single-family residence, maintains a separate exterior entrance from the main Resolution No. P-17-22
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entrance to the single-family residence, maintains an interior connection to the main living area of the single-family residence, either includes separate sanitation facilities or shares sanitation facilities with the existing structure, and includes an efficiency kitchen.
DC. “Living area” means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure or building.
ED. “Major Transit Stop” means a site containing (a) an existing rail or bus rapid transit station, (b) a ferry terminal served by either a bus or rail transit service, (c) the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods, or (d) a major transit stop that is included in the applicable regional transportation plan.
F. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU.
GE. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (Ord. 633 § 3 (part), 2020:
Ord. 611 § 3 (part), 2017: Ord. 511 § 2, Exh. A (part), 2004: Ord. 279 § 1 (part), 1984)
17.78.050 Permit application for an accessory dwelling unit.
The application for an ADU permit shall be made by the owners of the subject property in writing to the building division in the form designated by the building division and shall contain the following:
A. A completed building permit application form and applicable fee; B. Written project description;
C. Courtesy neighbor notification report in a form designated by building official indicating adjacent property owners have been notified of the new ADU; D. Plans and drawings as required by the building division; E. A copy of approval from the HOA (if applicable), unless exempt; Resolution No. P-17-22
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F. A copy of required deed restriction as included in Section 17.78.100, unless exempt. (Ord. 633 § 3 (part), 2020: Ord. 611 § 3 (part), 2017: Ord. 511 § 2, Exh. A (part), 2004: Ord. 279 § 1 (part), 1984)
17.78.060 Standards applicable to single-family residence zoning districts.
The following shall apply to single-family lots in R-1, R-2 and R-1/PD zoning districts:
A. Number of Units. A single-family lot with a primary dwelling unit may have:
1. One JADU;
2. One ADU (attached or detached); or
3. One newly constructed, detached ADU and one JADU.
B. Junior Accessory Dwelling Units.
1. Owner Occupancy Required. The property owner must reside in either the remaining portion of the primary dwelling unit or the JADU. Owner occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.
2. The owner must record a deed restriction as outlined in Government Code Section 65852.22, which shall run with the land, and shall include both of the following:
a. A prohibition on the sale of the JADU separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.
b. A restriction on the size and attributes of the JADU that conforms with this chapter.
c. If a JADU is rented, the unit shall not be rented for a period of less than thirty consecutive calendar days.
C. Attached ADUs. One attached ADU per single-family lot is permitted, subject to the following requirements:
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1. Size. The total floor area of an attached ADU shall be not more than one thousand two hundred square feet or fifty percent of the existing or proposed primary dwelling, whichever is less.
2. Location. Attached ADUs shall not be located in the front yard.
3. Setbacks. The side and rear setbacks shall be no less than four feet.
4. Height.
a. An single-story attached ADU shall not exceed sixteen twenty-five feet in height, or the height requirement for the primary dwelling, whichever is lower. ADUs shall not exceed two stories in height.
b. An attached ADU on the second story shall not exceed the height of the existing or proposed primary dwelling.
D. Detached ADUs. One newly constructed detached ADU per single-family lot is permitted, subject to the following requirements:
1. Size. The total floor area of a detached ADU shall not exceed one thousand two hundred square feet or fifty percent of the existing or proposed primary dwelling, whichever is less.
2. Location. Detached ADUs shall not be located in the front yard.
3. Setbacks.
a. The side and rear setbacks shall be no less than four feet. b. The separation between the detached ADU and the primary dwelling shall be as per California Residential Code.
4. Height. A detached ADU shall not exceed sixteen feet in height, except in the following cases:.
a. Where an ADU is located within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as defined in this code section, it shall not exceed eighteen feet in height, with the exception that two feet of height may be added to this to Resolution No. P-17-22
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accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
b. Where an ADU is on a lot with an existing or proposed multifamily, multistory dwelling, it shall not exceed eighteen feet in height.
E. Conversion ADUs. One conversion ADU per single-family lot is permitted, subject to the following requirements:
1. Size. The total floor area of detached and attached conversion ADU may be up to one thousand two hundred square feet as long as it does not exceed fifty percent of an existing or proposed primary dwelling.
2. Setbacks. No setbacks shall be required for ADU conversions of:
a. Existing living space in the primary dwelling.
b. Existing accessory buildings constructed in the same location and to the same dimensions.
c. Existing attached or detached garages in single-family neighborhoods.
Notwithstanding the provisions of this section, conversion ADUs shall provide sufficient side and rear setbacks for fire safety.
3. Height. A conversion ADU shall not alter the height of the existing structure (primary dwelling, accessory building, or garage) that is being converted.
4. Other Standards.
a. Conversion ADUs in existing accessory structures may expand the existing dimensions of the structure no more than one hundred fifty square feet to accommodate ingress/egress. Any such expansion shall count towards the size of the ADU.
F. Additional Requirements.
1. All JADUs and ADUs shall comply with the current Uniform Building Code, as adopted by the city and all related safety codes.
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2. All JADUs and ADUs shall provide exterior access that is separate from the primary dwelling.
3. Except as specified in this section, ADUs shall comply with lot coverage, floor area limit, open space and other zoning standards applicable to the primary dwelling, except in no event shall the application of any of these standards preclude at least an eight- hundred-square-foot ADU that is up to sixteen feet in height. (Ord. 633 § 3 (part), 2020)
17.78.070 Standards applicable to multifamily residence zoning districts.
The following shall apply to multifamily dwelling lots in R-3, R-4 and R-T (with or without a planned combining district) zoning districts:
A. Conversion ADUs. ADUs are permitted within portions of existing legally permitted multifamily dwelling structures that are not used as livable space including storage rooms, boiler rooms, passageways, attics, basements, and garages, subject to the following requirements:
1. Number of ADUs. At least one ADU within an existing multifamily building and no more than twenty-five percent of the existing multifamily dwelling units shall be permitted.
2. Size. The total floor area of a conversion ADU shall not exceed eight hundred fifty square feet for a studio or one bedroom, or one thousand square feet for an ADU with two or more bedrooms.
3. Existing livable space may not be converted into an ADU.
B. Detached ADUs.
1. Number of ADUs. Up to two detached ADUs are permitted on a multifamily lot that has an existing multifamily building.
2. Size. The total floor area of a detached ADU shall not exceed eight hundred fifty square feet for a studio or one bedroom, or one thousand square feet for an ADU with two or more bedrooms.
3. Setbacks.
a. The side and rear setbacks shall be no less than four feet.
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b. The separation between the detached ADU and the primary dwelling shall be as per California Building Code.
4. Height. A detached ADU shall not exceed sixteen feet in height. (Ord. 633 § 3 (part), 2020)
17.78.080 Parking requirements for accessory dwelling units.
A. Parking requirements for newly constructed ADUs shall not exceed one parking space per unit or per bedroom, whichever is less. This space may be provided as tandem parking, including on an existing driveway or in setback areas, excluding the nondriveway front yard setback. Exception to the requirement for provision of one parking space may be made per subsection B of this section.
B. Parking is not required in the following instances:
1. The ADU is located within one-half mile walking distance of public transit.
2. The ADU is a conversion ADU.
3. When there is an approved car share vehicle for which a Foster City business license has been issued and remains active, located within one block of the accessory dwelling unit.
4. JADU.
5. ADU that only includes a studio with no bedroom. (Ord. 633 § 3 (part), 2020: Ord. 611 § 3 (part), 2017)
17.78.090 Permit issuance.
Pursuant to Government Code Section 65852.2 mandating ministerial approval of ADUs if all of the applicable standards are met, the chief building official or his/her designee shall approve the ADU permit within sixty days of the complete application being submitted. If the ADU or JADU is proposed as part of a new or remodeled primary residence, the ADU or JADU is not subject to the sixty-day timeline and shall be permitted in conjunction with the new or remodeled primary residence, but the application to create the ADU or JADU shall be considered without Resolution No. P-17-22
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discretionary review or hearing. (Ord. 633 § 3 (part), 2020: Ord. 611 § 3 (part), 2017: Ord. 511 § 2, Exh. A (part), 2004. Formerly 17.78.070)
17.78.100 Other provisions.
A. Unless exempt from the owner-occupancy requirement per subsection B of this section, prior to obtaining a building permit for an ADU, an owner-occupancy deed restriction, approved by the city attorney, shall be recorded with the county recorder’s office, which shall include the pertinent restrictions and limitations of an ADU identified in this section including but not limited to: prohibition of the sale of the ADU separate from the sale of the single-family residence; restrictions on the size and attributes of the ADU; and prohibitions on rentals less than thirty consecutive days. Said deed restriction shall run with the land, and shall be binding upon any future owners, heirs, or assigns.
B. Owner Occupancy. Notwithstanding the foregoing or any other provision of this chapter, no owner-occupancy requirement shall be enforced and no deed restriction shall be required for ADU permit applications submitted between January 1, 2020, and December 31, 2024 .
C. Delay in Enforcement of Unpermitted ADUs. For any unpermitted or substandard ADU built before January 1, 2020, upon an owner’s request, the city’s chief building official shall delay enforcing any building standards if the building official determines that the unpermitted ADU meets health and safety standards. This provision shall sunset on January 1, 20302025; however, any delay that was approved by the enforcement agency before January 1, 2030, shall be valid for the full term of the delay..
D. Any ADU may be leased to a maximum of two paying guests, for a period not fewer than thirty consecutive days. If an ADU is constructed pursuant to all of the provisions described herein, the primary residence may be leased to a maximum of two paying guests for a period not fewer than thirty consecutive days. In no case, except as specified in subsection B of this section, shall both the primary residence and ADU on a lot be leased simultaneously.
E. An ADU shall not be required to provide fire sprinklers if they are not required for the primary residence and may employ alternative methods for fire protection.
F. ADUs that are seven hundred fifty square feet or smaller are exempt from impact fees.
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G. Notwithstanding the provisions of this section, the requirements for newly constructed ADUs shall not preclude constructing one ADU of at least eight hundred square feet, which is not more than sixteen feet in height, and at least four feet setback from the side and rear property lines.
H. Notwithstanding any other provision of this code, an applicant shall not be required to correct nonconforming conditions on the subject property as a condition of obtaining permits to construct an ADU or JADU. (Ord. 633 § 3 (part), 2020)
I. Any properties with ADUs built or developed by a nonprofit corporation may qualify to be sold or conveyed separately from the primary residence, pursuant to California Government Code Section 65852.26. A qualified nonprofit corporation is a nonprofit corporation which is organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.
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EXHIBIT Q
Amendments to Chapter 17.82 Emergency Shelters
Chapter 17.82 Emergency Shelters of Title 17, Zoning, of the Foster City Municipal Code is hereby amended as follows:
EMERGENCY SHELTERS, LOW-BARRIER NAVIGATION CENTERS, AND SUPPORTIVE
HOUSING
Sections:
17.82.010 Findings.
17.82.020 Purpose.
17.82.030 Permit Required.
17.82.0430 Performance standards.
17.82.050 Definitions.
17.82.010 Findings.
A. Emergency Shelters. Through the passage of SB2, the state requires all jurisdictions to provide zoning to permit homeless shelters “by right” as a permitted use without requiring use permits or other discretionary approvals. ; and
B. Low-Barrier Navigation Centers. Through the passage of AB101, the state requires all jurisdictions to provide zoning to permit low-barrier navigation centers “by right” as a permitted use without requiring use permits or other discretionary approvals.
C. The city has considered the needs for programs to address homelessness in the housing element and has included policies and implementation programs in the housing element to include provisions in this title to address emergency shelters and low-barrier navigation centers for the homeless. (Ord. 578 § 2 (part), 2013)
17.82.020 Purpose.
A. The purpose of the emergency shelter regulations is to provide standards that will encourage and facilitate the development of, or conversion of existing facilities to, an emergency shelter. (Ord. 578 § 2 (part), 2013)
B. The purpose of the low-barrier navigation center regulations is to ensure this use is constructed and operated in a manner that is consistent with the requirements and allowances Resolution No. P-17-22
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of state law, specifically Article 12 of Chapter 3 of Division 1 of Planning and Zoning Law commencing with California Government Code Section 65660.
C. The purpose of the supportive housing regulations is to ensure that supportive housing is constructed and operated in a matter consistent with the requirements and allowances of state law, specifically Article 11 of Chapter 3 of Division 1 of Planning and Zoning Law commencing with Government Code Section 65650.
17.82.030 Permit Required.
A. Low-Barrier Navigation Centers. A planning permit is required prior to establishment of any low-barrier navigation center project. Within 30 days of receipt of an application for a Low- Barrier Navigation Center development, the local jurisdiction shall notify a developer whether the developer’s application is complete pursuant to Section 65943. Within 60 days of receipt of a completed application for a Low Barrier Navigation Center development, the local jurisdiction shall act upon its review of the application.
B. Supportive Housing. A planning permit is required prior to establishment of any supportive housing project meeting either of the following criteria (1. and 2., below). The permit shall be a ministerial action without discretionary review or a hearing. For projects up to 50 units, action shall be taken within 60 days of a complete application being filed; for projects with more than 50 units, action shall be taken within 120 days.
1. Supportive housing projects in all zones where multifamily and mixed uses are permitted.
2. Supportive housing projects in non-residential zones where all the following requirements are met:
a. Units within the development are subject to a recorded affordability restriction for 55 years.
b. One hundred percent of the units, excluding the manager unit(s), within the development are dedicated to lower income households and are receiving public funding to ensure affordability of the housing to lower income Californians.
Resolution No. P-17-22
RZ2022-0003
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c. At least 25 percent of the units in the development or 12 units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than 12 units, then 100 percent of the units, excluding manager unit(s), in the development shall be restricted to residents in supportive housing.
d. Non-residential floor area shall be used for on-site supportive services in the following amounts:
i. For a development with 20 or fewer total units, at least 90 square feet shall be provided for onsite supportive services.
ii. For a development with more than 20 units, at least 3 percent of the total nonresidential floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.
e. The developer replaces any dwelling units on the site of the supportive housing development to ensure that any change to the occupancy of the supportive housing units is made in a manner that minimizes tenant disruption and only upon the vacancy of any supportive housing units.
f. Units within the development, excluding manager unit(s), include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator
17.82.0430 Performance standards.
A. Emergency shelters, as defined in Section 17.04.203, shall be allowed in any district where they are listed as a permitted use without discretionary permits or approvals, provided they comply with the following standards:
A. 1. Property Development Standards. An emergency shelter shall conform to all property development standards of the zoning district in which it is located except as modified by these performance standards.
Resolution No. P-17-22
RZ2022-0003
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B. 2. Maximum Number of Persons/Beds. An emergency shelter shall contain a maximum of twentyten beds and shall serve no more than twentyten homeless persons.
C. 3. Minimum Parking Requirements. Emergency shelters shall provide one parking space for each employee or volunteer on duty when the shelter is fully open to clients, plus one parking space for every family (as defined in Section 17.04.210) sheltered and 0.35 parking spaces for each nonfamily bed. The community development director shall reduce the parking requirements if the shelter can demonstrate a lower need. The shelter shall also provide bicycle parking of at least 0.5 spaces for each bed.
D. 4. Size and Location of Interior On-Site Waiting and Client Intake Areas.
Emergency shelters shall provide at least ten square feet of interior waiting and client intake space per bed. In addition, there shall be a minimum of one private office. Waiting and intake areas may be used for other purposes as needed during operations of the shelter, including communal space.
E. 5. Provisions of On-Site Management and Security. On-site management shall be present at all times that the emergency shelter is in operation. Before opening, shelters shall develop and implement a management plan that addresses all points that pertain to emergency shelters in the latest quality assurance standards developed by the San Mateo County HOPE quality improvement project and meets at least the minimum standards, except where other standards are provided by this chapter. Shelters must prepare and implement a security and emergency plan as part of the management plan and train staff about the plan. A copy of the management plan shall be provided to the community development director for approval. The community development director shall approve the management plan if it meets the minimum requirements in the latest quality assurance standards developed by the San Mateo County HOPE quality improvement project.
F. 6. Proximity to Other Shelters. No emergency shelter shall be located within three hundred feet of another emergency shelter.
G. 7. Length of Client Stay. The maximum length of stay in any emergency shelter shall be limited to no more than sixty total days within one calendar year unless an extension is granted. Extensions up to a total stay of one hundred eighty total days within one calendar year may be provided if no alternative housing is available. Information on length of client stays shall be provided to the community development director upon request.
Resolution No. P-17-22
RZ2022-0003
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H. 8. Lighting. There shall be a minimum of ten candlefoot power at the door of the emergency shelter and extending in an unobstructed direction outward five feet. There shall be a minimum of two candlefoot power in other areas accessible from the street. The lighting shall be stationary and directed away from adjacent properties and public rights-of-way. These lighting requirements shall be in effect from thirty minutes after sunset until thirty minutes before sunrise. Shelters may propose an alternate lighting plan, which must be agreed to by the community development director. The alternate lighting plan must provide adequate external lighting for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of intensity compatible with the neighborhood.
I. 9. Nondiscretionary Design Standards. In addition to nondiscretionary design standards required for other housing in the zone, emergency shelters shall meet the following requirements:
1. a. Shelters shall have a designated outdoor smoking area not visible from the street.
2. b. There shall be no space for outdoor congregating in front of the building and no outdoor public telephones.
3. c. There shall be a refuse area screened from view.
4. d. Shelters shall provide access for persons with disabilities. (Ord. 578 § 2 (part), 2013)
B. A Low-Barrier Navigation Center development is a use by-right in certain zones, if it meets the following requirements:
1. Connected Services. It offers services to connect people to permanent housing through a services plan that identifies services staffing.
2. Coordinated Entry System. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those Resolution No. P-17-22
RZ2022-0003
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sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
3. Code Compliant. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
4. Homeless Management Information System. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
C. Supportive housing projects shall comply with all the following standards:
1. The project may be required to comply with any written objective standards or policies also required of multifamily developments in the same zone.
2. The applicant shall submit a plan for providing supportive services, to include all the following items:
a. Documentation that supportive services will be provided on-site. b. The name of the proposed entities that will provide supportive services. c. The proposed funding sources for the services provided. d. Proposed staffing levels
3. No minimum parking requirements shall be required for the units occupied by supportive housing residents for projects located within one-half mile of a public transit stop.
17.82.050 Definitions.
The following definitions shall pertain to this section only.
A. Lower Income Households. This term shall have the same meaning as defined in Section 50079.5 of the Health and Safety Code.
B. Supportive Services. Services would include, but are not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.
Resolution No. P-17-22
RZ2022-0003
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C. Target Population. Persons, including persons with disabilities, and families who are homeless, as that term is defined by Section 11302 of Title 42 of the United States Code, or who are homeless youth, as that term is defined by paragraph (2) of subdivision (e) of Section 11139.3 of the Government Code.
Resolution No. P-17-22
RZ2022-0003
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RESOLUTION NO. P- 18 -22
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FOSTER CITY RECOMMENDING CITY COUNCIL RESCISSION OF CHAPTER 17.56 FLOOR AREA STANDARDS OF TITLE 17, “ZONING” OF THE FOSTER CITY MUNICI PAL CODE TO IMPLEMENT HOUSING POLICY H-D-9 AND PROGRAM H-D-9-d IDENTIFIED IN THE 2015- 2023 HOUSING ELEMENT AND RECOMMENDING TH AT THE CITY COUNCIL FIND THE
AMENDMENT WITHIN THE SCOPE OF THE NEGATIVE DECLARATION ADOPTED FOR THE 2015-2023 HOUSING ELEMENT – RZ2022-0003
CITY OF FOSTER CITY PLANNING COMMISSION
WHEREAS, there is a shortage of affordable housing in the City of Foster City (“City”) as documented in the RHNA 5 Housing Element for the 2015-2023 Planning Period and the RHNA 6 Draft Housing Element for the 2023-2031 Planning Period; and WHEREAS, California Government Code Section 65580(d) states that all cities have a responsibility to use the powers vested in them to facilitate the improvement and development of housing and to make adequate provision for the housing needs of all economic segments of the community; and
WHEREAS, said zoning amendments will encourage the development and availability of housing opportunities to a broad range of households with varying income levels within the City as mandated by State Law, and is essential for the public welfare; and WHEREAS, the staff report dated Decem ber 1, 2022, incorporated herein by reference, explains the relevant requirements of State law that require corresponding changes in the Foster City Municipal Code in order for the City’s regulations to be compliant with State law; and WHEREAS, said zoni ng actions, combined with the City’s inclusionary housing requirements of Chapters 17.90 and 17.92 are steps that the City can take to attempt to increase the supply of housing, including below market rate housing to meet the City’s regional share of very low-, low- and moderate-income housing needs and the needs of special groups, including the elderly, disabled, small and large families, and local workers; and WHEREAS, provision of housing at a variety of sizes and income levels will reduce Vehicle Miles Traveled (VMT) and Greenhouse Gas (GHG) emissions by providing people at all income levels more opportunities to live near where they work; and WHEREAS, provision of housing at a variety of sizes and income levels will support the local economy by making it easier for employers to attract and retain workers by providing people at all income levels more opportunities to live near where they work; and Resolution No. P-18-22
RZ2022-0003
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WHEREAS, provision of housing at a variety of sizes and income levels will affirmatively further the policies and purposes of the Fair Housing Act, also known as “Affirmatively Further Fair Housing” by reducing segregation and concentration of poverty; and WHEREAS, a joint Planning Commission and City Council Study Session was held to review the proposed changes on November 15, 2022; and
WHEREAS, the Negative Declaration prepared for the 2015-2023 Housing Element adopted on February 2, 2016 evaluated implementation of the 2015 -2023 Housing Element, including the amendment of Title 17, “Zoning”, to provide zoning incentives that encourage the development of diverse housing types, including smaller, more affordable units, including amendment of Chapter 17.56, and concludes that the 2015-2023 Housing Element will not have a significant effect on the environment; and
WHEREAS, the Planning Commission considered the proposed zoning text amendments to Title 17, “Zoning,” at a noticed Planning Commission public hearing on December 1, 2022; and WHEREAS, a Notice of Public Hearing was duly posted, published, and mailed for consideration at the Planning Commission meeting of December 1, 2022, including as required by Government Code Sections 65856 and 65090, the Notice contained the information required by Government Code Section 65094, and was published in compliance with Government Code Section 6061 on November 2, 2022 in the Foster City Islander, a newspaper of general circulation with the City of Foster City in an advertisement of full page size; and , on said date, the Public Hearing was opened, held and closed; and
WHEREAS, the Planning Commission of the City of Foster City has carefully reviewed and considered the staff report and all attachment thereto presented as part of the agenda for the public hearing regarding the proposed ordinance to amend Title 17, Zoning, of the Foster City Municipal Code as referenced above including any and all timely submitted correspondence, all information submitted at or prior to the public hearing, and all public comment and testimony presented at the public hearing (collectively, the “Record”); and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, based on facts and analysis in the staff report, written and oral testimony, and exhibits presented, finds that:
1. The foregoing Recitals are true and correct and are incorporated herein by this reference; and
2. The provision of safe and stable housing for households at all income levels is essential for the public welfare of the City. Housing in Foster City, both rental and for-sale housing, has become steadily more expensive and housing costs have gone up faster than incomes. Federal and state government programs do not provide enough affordable housing to satisfy the needs of very low, low, or moderate income households. As a result, there is a severe shortage of adequate, affordable housing for very low, lower, and moderate income households, as evidenced by the findings in the City’s Housing Element; and Resolution No. P-18-22
RZ2022-0003
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3. The proposed amendments to Title 17, Zoning, of the Foster City Municipal Code are consistent with the General Plan, specifically the 2015 -2023 Housing Element including Goal H -D Consider Potential Public and Private Redevelopment Opportunities to Increase the Supply of Housing, Policy H -D-9 Reduce Regulatory Constraints, and Program H -D-9-d Zoning Incentives.
BE IT FURTHER RESOLVED that the Planning Commission of the City of Foster City hereby recommends that the City Council adopt an ordinance rescinding Chapter 17.56, Floor Area Standards, of Title 17, “Zoning” of the Foster City Municipal Code, to implement the RHNA 5 Housing Element for the 2015-2023 Planning Period and finding the amendment is within the scope of the Negative Declaration prepared for the 2015-2023 Housing Element pursuant to the California Environmental Quality Act, as generally presented in the attached Exhibit A attached hereto and incorporated herein:
PASSED AND ADOPTED as a Resolution of the Planning Commission of the City of Foster City at a Regular Meeting thereof held on December 1, 2022, by the following vote:
AYES, COMMISSIONERS:
NOES, COMMISSIONERS:
ABSTAIN, COMMISSIONERS:
ABSENT, COMMISSIONERS:
_____________________
EVAN A.
ADAMS, CHAIR
ATTEST:
_______________________________
MARLENE SUBASHINI, SECRETARY
Resolution No. P-18-22
RZ2022-0003
Bronitsky and Haddad
Jagtiani, Venkat and Chair Adams
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EXHIBIT A
Rescind Chapter 17.56 Floor Area Standards
Chapter 17.56 Floor Area Standards of Title 17, Zoning, of the Foster City Municipal Code is hereby rescinded as follows:
Chapter 17.56
FLOOR AREA STANDARDS
Sections:
17.56.010 Designated.
17.56.010 Designated.
Every single-family dwelling, townhouse, condominium or apartment hereafter erected or established shall provide, except as may be allowed by Section 17.36.060, a minimum floor area for each dwelling unit in compliance with the following:
A. Detached single-family residence 1,800 square feet
B. Townhouse units:
Minimum unit size 1,250 square feet
2-bedroom (single story) 1,250 square feet
2-bedroom (two-story) 1,350 square feet
3-bedroom 1,500 square feet
4-bedroom 1,650 square feet
C. Condominium units:
Minimum unit size 900 square feet
1-bedroom 900 square feet
2-bedroom 1,100 square feet
3-bedroom 1,300 square feet
D. Rental apartment units:
Minimum unit size 750 square feet
1-bedroom 750 square feet
Resolution No. P-18-22
RZ2022-0003
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2-bedroom 900 square feet
3-bedroom 1,050 square feet
(plus 140 square feet per additional bedroom)
The floor area shall be measured from the outside face of exterior walls or the center of interior walls enclosing each dwelling unit, and may include all closet space and inside storage area contained within the apartment unit, but shall not include outside patios, balconies, terraces or utility rooms used jointly by occupants of the building nor shall it include garage or carport areas or areas under stairs. (Ord. 248 § 2, 1981: Ord. 38 § 1 (part), 1972: prior code § 10-406.090)
Resolution No. P-18-22
RZ2022-0003
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RESOLUTION NO. P- 19 -22
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FOSTER CITY
RECOMMENDING CITY COUNCIL ADOPTION OF AMENDMENTS TO THE FOSTER CITY
ZONING MAP TO MAKE EDITS TO CONFORM TO ZONING TEXT AMENDMENTS AND IMPLEMENT THE RHNA 6 HOUSING ELEMENT FOR THE 2023 -2031 PLANNING PERIOD AND COMPLY WITH RECENT CHANGES IN STATE LAW – RZ2022-0002
CITY OF FOSTER CITY PLANNING COMMISSION
WHEREAS, there is a shortage of affordable housing in the City of Foster City (“City”) as documented in the RHNA 5 Housing Element for the 2015-2023 Planning Period and the RHNA 6 Draft Housing Element for the 2023-2031 Planning Period; and WHEREAS, California Government Code Section 65580(d) states that all cities have a responsibility to use the powers vested in them to facilitate the improvement and development of housing and to make adequate provision for the housing needs of all economic segments of the community; and
WHEREAS, said zoning amendments will encourage the development and availability of housing opportunities to a broad range of households with varying income levels within the City as mandated by State Law, and is essential for the public welfare; and WHEREAS, the staff report dated December 1, 2022, incorporated herein by reference, explains the relevant requirements of State law that require corresponding changes in the Foster City Municipal Code in order for the City’s regulations to be compliant with State law; and WHEREAS, said zoning actions, combined with the City’s inclusionary housing requirements of Chapters 17.90 and 17.92 will increase the supply of housing, including below market rate housing to meet the City’s regional share of very low -, low- and moderate- income housing needs and the needs of special groups, including the elderl y, disabled, small and large families, and local workers; and
WHEREAS, provision of housing at a variety of income levels will reduce Vehicle Miles Traveled (VMT) and Greenhouse Gas (GHG) emissions by providing people at all income levels more opportunities to live near where they work; and
WHEREAS, provision of housing at a variety of income levels will support the local economy by making it easier for employers to attract and retain workers by providing people at all income levels more opportunities to live near where they work; and WHEREAS, provision of housing at a variety of income levels will affirmatively further the policies and purposes of the Fair Housing Act, also known as “Affirmatively Further Fair Housing” by reducing segregation and concentration of poverty; and Resolution No. P-19 -22
RZ2022-0002
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WHEREAS, a joint Planning Commission and City Council Study Session was held to review the proposed changes on November 15, 2022; and
WHEREAS, an Addendum to the certified 2015 Final Environmental Impact Report (2015 EIR) for the Foster City General Plan Update and Climate Action Plan (State Clearinghouse #2012072003) to evaluate the changes in the proposed project since certification of the 2015 EIR to include the proposed zoning amendments and concludes that based on the record, there is no substantial evidence to support a conclusion that the Project would result in significant environmental impacts not previously studied in the FEIR and, accordingly, the Project changes would not result in any conditions identified in CEQA Guidelines Section 15162 with respect to the following proposed amendments:
• Zoning Map Amendment of four housing sites in the existing Housing Element for 2015-2023 from R -3 to R -4 because comparing the numbers of additional housi ng
uni
ts anticipated in the FEIR for the subject properties to the numbers projected in the Draft Housing Element Update for 2023 -2031 with the proposed rezonings, they are the same at Franciscan, Sand Cove (now split to include The Lagoons). Projections for Harbor Cove in the FEIR included 80 apartments in addition to the existing 400 on the site and in the Draft Housing Element the projection is 92 units, a minor change.
In addition, the project analyzed in the FEIR included additional development of 10,000 SF retail and 95 townhouses at Charter Square, which has since been developed into an elementary school. The addition of 12 units at Harbor Cove is more than offset by the reduction of 95 units at Charter Square; and
• Zoni
ng Map Amendment of two housing sites in the existing Housing Element for 2015- 2023, Beach Cove and Shadow Cove, from R -4 to R -4 with the By -Right Housing Overlay in accordance with State Housing Law because this amendment would alter the review proces s for some types of housing proposals but does not result either directly or indirectly in physical changes to the environment. The number of units currently projected at Beach Cove and Shadow Cove is the same as was considered in the FEIR; and
WHEREAS, the Planning Commission considered the proposed zoning text amendments to Title 17, “Zoning,” at a noticed Planning Commission public hearing on December 1, 2022 and adopted Resolution P- __-22 recommending City Council approval of the Resolution adopting the Addendum to the 2015 Final Environmental Impact Report (FEIR) prepared for the Foster City General Plan Update and Climate Action Plan (SCH#2012072003), dated September 2015 attached hereto and recommends that the City Council adopt an ordinance making various text amendments to Title 17, “Zoning” of the Foster City Municipal Code to implement housing sites identified in the Sites Inventory in the Regional Housing Needs Allocation (RHNA), 5th Cycle and various text amendments to Title 17, “Zoning” of the Foster City Municipal Code, to implement the RHNA 6 Housing Element for the 2023-2031 Planning Period and comply with recent changes in State law and finding the amendments exempt from the California Environmental Quality Act; and WHEREAS, a Notice of Public Hearing was duly posted, published, and mailed for consideration at the Planning Commission meeting of December 1, 2022, including as required by Government Code Sections 65856 and 65090, the Notice contained the information required by Government Code Section 65094, and was published in compliance with Government Code Section 6061 on November 2, 2022 in the Foster City Islander, a newspaper of general circulation Resolution No. P-19 -22
RZ2022-0002
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with the City of Foster City in an advertisement full page size; and, on said date, the Public Hearing was opened, held and closed; and
WHEREAS, the Planning Commission of the City of Foster City has carefully reviewed and considered the staff report and all attachment thereto presented as part of the agenda for the public hearing regarding the proposed ordinance to amend Title 17, Zoning, of the Foster City Municipal Code as referenced above including any and all timely submitted correspondence, all information submitted at or prior to the public hearing, and all public comment and testimony presented at the public hearing (collectively, the “Record”); and NOW, THEREFORE, BE IT RESOLVED that the Planni ng Commission, based on facts and analysis in the staff report, written and oral testimony, and exhibits presented, finds that:
1. The foregoing Recitals are true and correct and are incorporated herein by this reference; and
2. The provision of safe and stable housing for households at all income levels is essential for the public welfare of the City. Housing in Foster City, both rental and for-sale housing, has become steadily more expensive and housing costs have gone up faster than incomes. Federal and state government programs do not provide enough affordable housing to satisfy the needs of very low, low, or moderate income households. As a result, there is a severe shortage of adequate, affordable housing for very low, lower, and moderate income households, as evidenced by the findings in the City’s Housing Element; and
3. The proposed amendments to Title 17, Zoning, of the Foster City Municipal Code are consistent with the General Plan, specifically the 2015 -2023 Housing Element including Goal H - D
C
onsider Potential Public and Private Redevelopment Opportunities to Increase the Supply of Housing and Program H-D-2- a Tier 1 Housing Opportunity Sites, which specifically calls for additional housing at the subject sites.
BE IT FURTHER RESOLVED that the Plan ning Commission of the City of Foster City hereby recommends that the City Council adopt an ordinance making the proposed amendments to Title 17, Zoning, to make edits to conform to the text amendments enacted by Council as presented in the attached Exhibits A pages 1 through 6 for the six sites as listed below, attached hereto and incorporated herein.
1. Harbor Cove Apartments, 900 Hillsdale Boulevard, APNs 094- 470-420; to change the zoning designation from R -3 Medium Densi ty, Multiple-Family Residence District, to R- 4/PD, High Density, Multiple-Family Residence/Planned Development Combining District; and
2. Fr
anciscan Apartments, 888 Foster City Boulevard, APN 094 -091-020; to change the zoning designation from R- 3/AHO Medium Density, Multiple -Family Residenc e D
istrict/Affordable Housing Overlay Combining District, to R -4/PD/AHO, High Density, Multiple-Family Residence District/Planned Development/Affordable Housing Overlay Combining District; and
Resolution No. P-19 -22
RZ2022-0002
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3. Sand Cove Apartments, 707- 939 Shell Boulevard, APN 094- 470-160; to change the zoning designation from R -3/PD/AHO Medium Density, Multiple -Family Residence District/Planned Development/Affordable Housing Overlay Combining District, to R - 4/PD/AHO, High Density, Multiple -Family Residence District/Planned Development/Affordable Housing Overlay Combining District; and
4. The Lagoons A
partments, 611-899 Bounty Drive, APN 094-472-010; to change the zoning designation from R -3/PD/AHO Medium Density, Multiple -Family Residence District/Planned Dev elopment/Affordable Housing Overlay Combining District, to R - 4/PD/AHO, High Density, Multiple -Family Residence District/Planned Development/Affordable Housing Overlay Combining District; and
5. Beach C
ove Apartments, 605-1021 Catamaran Street, APNs 094-320-040 and 094-330- 110; to change the zoning designation from R -4/PD/AHO High Density, Multiple -Family Residence/Planned Development/Affordable Housing Overlay Combining District, to R - 4/PD/AHO/BRHO, High Density, Multiple -Family Residence District/Planned Development/Affordable Housing Overlay/By-Right Housing Overlay Combining District; and
6. Shadow C
ove Apartments, 1019- 1087 Foster City Boulevard, APN 094- 312-780; to change the zoning designation from R -4/PD/AHO High Density, Multiple -Family Residence/Planned Development/Affordable Housing Overlay Combining District, to R - 4/PD/AHO/BRHO, High Density, Multiple -Family Residence District/Planned Development/Affordable Housing Overlay/By-Right Housing Overlay Combining District.
PASSED AND ADOPTED as a Re solution of the Planning Commission of the City of Foster City at a Regular Meeting thereof held on December 1, 2022, by the following vote:
AYES, COMMISSIONERS:
NOES, COMMISSIONERS:
ABSTAIN, COMMISSIONERS:
ABSENT, COMMISSIONERS:
_____________________
EVAN
A. ADAMS, CHAIR
ATTEST:
_______________________________
MARLENE SUBASHINI, SECRETARY
Resolution No. P-19 -22
RZ2022-0002
Jagtiani, Venkat and Chair Adams
Bronitsky and Haddad
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Exhibit A: Page 1 of 6
Harbor Cove Apartments
The City of Foster City Zoning Map is hereby amended to reclassify the 15.1 acre lands at 900 Hillsdale Boulevard (APN: 094 -470-420) to change the Zoning Map Designation from R -3, Medium Density Multiple -Family Residence to R -4/PD, High Density Multiple -Family Residence/Planned Development Combining District as indicated in Figure 1.
Figure 1: Harbor Cove Apartments
Resolution No. P-19 -22
RZ2022-0002
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Exhibit A: Page 2 of 6
Franciscan Apartments
The City of Foster City Zoning Map is hereby amended to reclassify the 6.4 -acre lands at 888 Foster City Boulevard (APN: 094-091-020) to change the Zoning Map Designation from R-3/AHO, Medium Density Multiple-Family Residence/Affordable Housing Overlay Combining District to R- 4/PD/AHO, High Density Multiple -Family Residence/Planned Development/Planned Development/Affordable Housing Overlay Combining District as indicated in Figure 2.
Figure 2: Franciscan Apartments
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Exhibit A: Page 3 of 6
Sand Cove Apartments
The City of Foster City Zoning Map is hereby amended to reclassify the 8.77- acre lands at 707- 939 Shell Boulevard (APN: 094- 470-160) to change the Zoning Map Designation from R - 3/PD/AHO, Medium Density Multiple- Family Residence/Planned Development /Affordable Housing O verlay Combining District to R -4/PD/AHO, High Density Multiple -Family Residence/Planned Development/Affordable Housing Overlay Combining District as indicated in Figure 3.
Figure 3: Sand Cove Apartments
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Exhibit A: Page 4 of 6
The Lagoons Apartments
The City of Foster City Zoning Map is hereby amended to reclassify the 9.64- acre lands at 611- 899 Bounty Drive (APN: 094-472-010) to change the Zoning Map Designation from R-3/PD.AHO, Medium Density Multiple- Family Residence/Planned Development /Affordable Housing Overlay Combining District to R -4/PD/AHO, High Density Multiple -Family Residence/Planned Development/Affordable Housing Overlay Combining District as indicated in Figure 4.
Figure 4: The Lagoon Apartments
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Exhibit A: Page 5 of 6
Beach Cove Apartments
The City of Foster City Zoning Map is hereby amended to reclassify the 18.7-acre lands at 605- 1021 Catamaran Street (APN: 094 -320-040 and 094- 330-010) to change the Zoning Map Designation from R -4/PD/AHO, High Density Multiple -Family Resid ence/Planned Development/Affordable Housing Overlay Combining District to R -4/PD/AHO/BRHO, (High Density Multiple-Family Residence/Planned Development/Affordable Housing Overlay /By-Right Housing Overlay Combining District as indicated in Figure 7.
Figure 7: Beach Cove Apartments
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Exhibit A: Page 6 of 6
Shadow Cove Apartments
The City of Foster City Zoning Map is hereby amended to reclassify the 7.9-acre lands at 1019- 1091 Foster City Boulevard (APN 094-312- 780) to change the Zoning Map Designation from R- 4/PD/AHO, High Density Multiple-Family Residence/Planned Development/Affordable Housing Overlay Combining District to R -4/PD/AHO/BRHO, High Density Multiple -Family Residence/Planned Development/Affordable Housing Overlay /By-Right Housing Overlay Combining District as indicated in Figure 8.
Figure 8: Shadow Cove Apartments
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RESOLUTION NO. P - 20 - 22
RESOL
UTION OF THE PLANNING COMMISSION OF THE CITY OF FOSTER CITY
RECOMMENDING CITY COUNCIL ADOPTION OF AMENDED PREFERENCES FOR
SELECTION OF TENANTS OF EXISTING UNIT PURCHASE PROGRAM AFFORDABLE
HOUSING UNITS AND FINDING AMENDMENT EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
CITY OF FO
STER CITY
WHEREAS, t
he Existing Unit Purchase Program was created in 1997 pursuant to the Community Development Agency’s Affordable Housing Strategic Plan to acquire existing residential units to provide affordable rental housing for larger families and address neighborhood property maintenance issues; and
WHER
EAS, the City owns six units that are included in the Existing Unit Purchase Program that are currently rented to lower income households; and WHER
EAS, the City has established preferences for tenants of the Existing Unit Purchase Program, as contained in Community Development Agency Minute Order No. 18 adopted on October 20, 2003; and
WHER
EAS, the Draft Housing Element has identified a need for supportive housing, especially for persons with disabilities due to compounding issues such as low income, racial discrimination, need for supportive services, and/or other factors; and WHER
EAS, the proposal to amend the preferences for tenants of the Existing Unit Purchase Program to include supportive housing is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3), the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment; and NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the City of Foster City hereby recommends that Council adopt a Resolution amending the housing preferences for the Existing Unit Purchase Program to be applied as units become vacant as follows:
It shall be
the policy of the City of Foster City that when residential units in the Existing Unit Purchase Program are available for tenancy, the tenants shall be selected based on the following preferences:
1. A non-profit supportive housing provider that will operate the unit for persons requiring supportive housing (as defined by FCMC Section
17.04.544).
2. Very low income tenants (as defined in California Health and Safety Code Section 50105) living and working in Foster City.
3. Low income tenants (as defined in California Health and Safety Code Section 50079.5) living and working in Foster City.
Resolution No. P-20-22
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4. Very low income tenants (as defined in California Health and Safety Code Section 50105) living in Foster City.
5. Low income tenants (as defined in California Health and Safety Code Section 50079.5) living in Foster City.
6. Very low income tenants (as defined in California Health and Safety Code Section 50105) who are employees of the City of Foster City.
7. Low income tenants (as defined in California Health and Safety Code Section 50079.5) who are employees of the City of Foster City.
8. Very low income tenants (as defined in California Health and Safety Code Section 50105) who are classroom teachers employed by the San Mateo-Foster City School District, the San Mateo Union High School District or the San Mateo County Community College District.
9. Low income tenants (as defined in California Health and Safety Code Section 50079.5) who are classroom teachers employed by the San Mateo-Foster City School District, the San Mateo Union High School District or the San Mateo County Community College District.
10. Very low income tenants (as defined in California Health and Safety Code Section 50105) who work in Foster City.
11. Low income tenants (as defined in California Health and Safety Code Section 50079.5) who work in Foster City.
12. Very low income tenants (as defined by California Health and Safety Code Section 50105) – all others who are income qualified.
13. Low income tenants (as defined by California Health and Safety Code Section 50079.5) – all others who are income qualified
PA
SSED AND ADOPTED as a Resolution of the Planning Commission of the City of Foster City at a Regular Meeting thereof held on December 1, 2022, by the following vote:
AYES, C
OMMISSIONERS:
NOE
S, COMMISSIONERS:
ABSTAI
N, COMMISSIONERS:
ABSENT
, COMMISSIONERS:
_____________________
EVAN A.
ADAMS, CHAIR
ATT
EST:
________________________________
M
ARLENE SUBASHINI, SECRETARY
Resolution No. P-20-22
Bronitsky and Haddad
Jagtiani, Venkat and Chair Adams
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DATE: January 9, 2022
TO: City Council
VIA: Stefan Chatwin, City Manager
FROM: Priscilla Schaus, Communications Director/City Clerk Stefan Chatwin, City Manager
DEPARTMENT: Communications/City Clerk Department
SUBJECT: APPOINTMENTS TO THE PARKS AND RECREATION
COMMITTEE
RECOMMENDATION
It is recommended that the City Council by minute order consider the appointment of four citizens each to new full terms from January 1, 2023 through December 31, 2025 and one citizen to an unexpired partial term through December 31, 2023 on the Parks and Recreation Committee.
BACKGROUND/ANALYSIS
The Parks and Recreation Committee consists of seven members. The expansion of the Committee from five members to seven members was first approved by City Council at the March 12, 2021 City Council meeting on a temporary basis. At the October 3, 2022 City Council meeting, the expanded membership was extended to expire in 2028, providing time for the Committee to see several major projects through completion and ensure that appointments are made for a full three-year term.
Four members’ terms expired in December 2022, and one member was elected to City Council, which resulted in five vacancies on the Committee. A notice of vacancies to fill new full terms on the Parks and Recreation
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Committee was advertised in the local newspapers, posted, and displayed on the City's website and FCTV for five (5) weeks. Vacancies on the Audit and Traffic Review Committees were also advertised and appointments are expected to be made at an upcoming City Council meeting.
The following people applied by the established deadline of November 17, 2022 at 5 pm.
•Fred Baer
•Sirish Bindal
•Doris Duncan
•Yvonne Ryzak
•Raj Tiwari
•Jinjin Zhang
In order to provide for more efficiency in the appointment process, staff has included all applications received by the deadline for City Council consideration, and recommends the appointment of the following 5 individuals:
•Fred Baer (reappointment to second full term)
•Sirish Bindal (appointment to unexpired partial term through December 31, 2023)
•Doris Duncan (reappointment to second full term)
•Yvonne Ryzak (reappointment to full second term)
•Raj Tiwari (reappointment to full second term)
CEQA
Not Applicable
FISCAL IMPACT
There is no fiscal impact.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
City Council Operations and Improved Community Engagement
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ATTACHMENTS:
Attachment 1 – News Release
Attachment 2 – Applications
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NEWS RELEASE
The City of Foster City
Priscilla Schaus, Public Information Officer
[email protected]; (650) 286-3250
FOR IMMEDIATE RELEASE
Press Release #101422-01
Citizen Advisory Committees Recruiting Now
Contact: Contact: Yelena Capello, Deputy City Clerk, [email protected], and (650) 286- 3252
Foster City, CA; October 14, 2022 – Foster City residents willing to help improve the local quality of life are needed to serve their community by volunteering time and expertise to filling vacancies on the three following citizen advisory committees. The deadline to apply is November 17, 2022. To be considered for official appointment, applicants are required to attend the December 5, 2022 City Council meeting. Applicants must be Foster City residents. To find out more about the committees and download an application, visit: www.fostercity.org/committeeapplication. •Audit Committee: The Audit Committee shall advise the City Council/District Board regarding the selection of the independent auditor(s), the review of the annual audit process and financial statements, and other financial matters as requested by the City Council/District Board.
The Audit Committee typically meets twice each year, in April and November. Meetings are typically held in the Foster City City Hall, Conference Room 1A, 610 Foster City Boulevard, Foster City. For more information about the committee, visit:
https://www.fostercity.org/bc-audit.
•Traffic Review Committee: Foster City residents who are interested in addressing traffic and transportation issues should apply to the Traffic Review Committee. The Committee receives and reviews appeals or requests from citizens or staff regarding traffic matters and makes recommendations to the City Council.
The committee meets the last Thursday of each month at 1:00 pm in the City Hall Executive Conference Room, Room 3A (610 Foster City Boulevard, Foster City) or via Zoom. If the last Thursday of the month falls on a holiday, the meeting will occur on the
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1 8
7 next soonest Thursday of the month. For more information about the committee, visit:
https://www.fostercity.org/bc-trc.
•Parks and Recreation Committee: The Parks and Recreation Committee shall support the spirit of the City Council priorities and Parks and Recreation goals and objectives in order to provide for a parks and recreation program that is responsive to the interests of Foster City citizens and strives for comprehensive community engagement.
The Committee meets regularly once a month, currently on the first Tuesday of each month, at 6:30 p.m. at the Foster City Recreation Center, 650 Shell Blvd. For more information about the committee, visit: https://www.fostercity.org/bc-prc. ###
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7.1 Attachment 2- Applications
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Dated: January 9, 2023
FOSTER CITY COUNCIL LIAISONS
POLICY/REGULATORY AGENCIES REPRESENTATIVE/ALTERNATE
1. A
irport Community Roundtable Hindi
2. Airport Land Use Committee (ALUC) Sullivan
3. Association of Bay Area Governments (ABAG) Kiesel/Alternate
4. City/County Association of Governments (C/CAG) Jimenez/Alternate
5. Council of Cities – City Selection Committee Froomin
6. League of California Cities Froomin/Alternate
F
OSTER CITY ADVISORY COMMITTEES
1. A
udit Committee Sullivan/Alternate
2. Parks and Recreation Committee Kiesel/Alternate
3. Planning Commission Sullivan/Alternate
4. Traffic Review Committee Kiesel/Alternate
5. Youth Advisory Committee Jimenez/Alternate
O
THER ORGANIZATIONS (non-regulatory)
1. B
ay Area Water Supply and Conservation Agency (BAWSCA) Hindi
2. Chamber of Commerce Hindi/ Alternate
3. Emergency Services Council Froomin/Alternate
4. Joint Powers Authority Fire Board for the Froomin/Alternate San Mateo Consolidated Fire Department
5. Library Joint Powers Authority Sullivan/Alternate
6. Peninsula Clean Energy Authority Hindi/ Alternate
7. Peninsula Traffic Congestion Relief Alliance (Commute.org) Jimenez /Alternate
8. San Francisco Bay Area Regional Water System Financing Hindi Authority (RFA)
9. San Mateo County Pre-Hospital Emergency Services Kiesel/Alternate Medical Group Joint Powers Authority
10. San Mateo-Foster City Elementary School District Jimenez/Alternate
11. San Mateo-Foster City Public Financing Authority (JPFA) Kiesel/Alternate
12. San Mateo Union High School District Jimenez/Alternate
13. South Bayside Waste Management Authority (SBWMA) Froomin/Alternate
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