Agenda packet — Foster City City Council, January 9, 2023 (part 1 of 2)

CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54953 (AS AMENDED BY AB 361) WHICH AUTHORIZES TELECONFERENCED MEETINGS UNDER THE BROWN ACT DURING CERTAIN PROCLAIMED STATES OF EMERGENCY.

THE GOVERNOR OF CALIFORNIA PROCLAIMED A STATE OF EMERGENCY RELATED TO COVID19 ON MARCH 4, 2020. THIS TELECONFERENCED MEETING IS NECESSARY SO THAT THE CITY CAN CONDUCT ESSENTIAL BUSINESS AND IS PERMITTED UNDER GOVERNMENT CODE 54953 IN ORDER TO PROTECT PUBLIC HEALTH AND SAFETY OF ATTENDEES. MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING https://fostercityorg.zoom.us/j/84422940058 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

Consistent with Government Code Section 54953, this City/District Meeting will be held via teleconference in addition to in person. City Councilmembers/District Board and staff will attend in person or via teleconference.

To maximize public safety while still maintaining transparency and public access, members of the public can observe the meeting from home or attend the meeting in person. Below is information on how the public may observe and participate in the meeting.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

Members of the public wishing to speak will be asked to fill out a Request to Speak Form. Forms will be accepted until the staff presentation on an agenda item ends, or until the public comment period on non agenda items is closed. For special meetings, public comment is limited to item(s) on the agenda only.

To Observe the Meeting via Teleconference/Video Conference:

To access the meeting by computer / smartphone, go to: https://fostercityorg.zoom.us/j/84422940058 To dialin via phone:
16699006833 or
14086380968
And enter Webinar ID: 844 2294 0058
To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:

During the Meeting: Live verbal public comments may be made by members of the public joining the meeting via Zoom. Zoom access information is provided above. Use the “raise hand” feature (for those joining by phone, press *9 to “raise hand”) during the public comment period for the agenda item you wish to address. The Zoom Host will call on people to speak by name provided or last 4 digits of phone number for dialin attendees. Please clearly state your full name for the record at the start of your public comment.

Before the Meeting: Written public comments for the record may be submitted in advance by 4:00 p.m. the day of the meeting by email to: [email protected] and will be made part of the written record but will not be read verbally at the meeting. Written public comments submitted by email should adhere to the following:

Clearly indicate the Agenda Item No. or specify “Public” in the Subject Line for items not on the agenda Include the submitter’s full name (Recommended but not required) Written public comments received by 4:00 p.m. the day of the meeting will be provided in their entirety to the City Council prior to the meeting and will be made part of the written record but will not be read verbally at the meeting.

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Monday, January 09, 2023 6:30 PM
SPECIAL MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Councilmembers/ex officio EMID Directors Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin

4. PUBLIC
Pursuant to Government Code Section 54954.3(a), members of the public wishing to address the Council may do so, and the comments shall be limited to the Special Meeting notice topic(s). Speakers may join the Zoom meeting via the meeting link and using the “raise hand” feature and the Zoom host will call on people.

5. CITY/EMID CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine by the City Council/EMID Board of Directors and will be enacted by one motion unless removed by a member of the Council/Board, staff, or public. There will be no separate discussion on these items unless a citizen or a Council/Board member so requests. If discussion is required, that item will be removed from the Consent Calendar and will be considered separately after approval of the remaining items on the Consent Calendar. Vote may be by roll call.

5.1. City/EMID Resolutions for Adoption (First City Resolution Number to be used tonight is 20231 and EMID Resolution Number to be used tonight is 3699)

5.1.1 a) A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Contract Amendment No. 1 to the Existing Contract Agreement with Koff & Associates, a Division of Gallagher Benefit Services, Inc., in the Amount of $8,250; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the Mayor to Execute Contract Amendment No. 1 to the Existing Contract Agreement with Koff & Associates, a Division of Gallagher Benefit Services, Inc., in the Amount of $8,250
c) Staff Report
d) Adopt Resolutions

6. PUBLIC HEARINGS

6.1. A Public Hearing to Hear and Consider Comments Regarding the Housing Element Zoning Amendments and Existing Unit Purchase Tenant Preference Policy
a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action – A Resolution of the City Council of the City of Foster City Adopting an Addendum to the 2015 Final Environmental Impact Report Prepared for the Foster City General Plan Update and Climate Action Plan (SCH #2012072003)
f) Action – An Ordinance of the City of Foster City 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 Making Various Text Amendments to Title 17, “Zoning” of the Foster City Municipal Code, Including Amendments to Chapter 17.78, “Accessory Dwelling Units” and 17.04, “Definitions” and Chapter 17.82, “Emergency Shelters”, Among Others, to Implement the RHNA 6 Housing Element for the 20232031 Planning Period and Comply With Recent Changes in State Law and Finding Certain Amendments Subject to an Addendum to the 2015 Final Environmental Impact Report (FEIR) Prepared for the Foster City General Plan Update and Climate Action Plan (SCH #2012072003) or Exempt From the California Environmental Quality Act – RZ20220003
i)  Introduce Ordinance by title only, by motion waive further reading ii) By motion pass ordinance to second reading
g) Action – An Ordinance of the City of Foster City Rescinding Chapter 17.56 Floor Area Standards of Title 17, “Zoning” of the Foster City Municipal Code to Implement Housing Policy HD9 and Program HD9D Identified in the 2015 2023 Housing Element and Finding the Amendment Within the Scope of the Negative Declaration Adopted for the 20152023 Housing Element – RZ2022 0003
i)  Introduce Ordinance by title only, by motion waive further reading ii) By motion pass ordinance to second reading
h) Action – An Ordinance of the City of Foster City Adopting 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 20232031 Planning Period and Comply With Recent Changes in State Law and Finding the Amendments Within the Scope of the Addendum to the 2015 FEIR – Rz20220002
i)  Introduce Ordinance by title only, by motion waive further reading ii) By motion pass ordinance to second reading
i)  Action – A Resolution of the City of Foster City Adopting Amended Preferences for Selection of Tenants of Existing Unit Purchase Program Affordable Housing Units and Finding the Amendment Exempt From the California Environmental Quality Act (CEQA)

7. NEW BUSINESS

7.1. Interview and by Minute Order Consider Appointments of Four Citizens 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: Fred Baer, Sirish Bindal, Doris Duncan, Yvonne Ryzak, Raj Tiwari, and Jinjin Zhang
a) Staff Report
b) Take Action By Minute Order

7.2. Consideration of Foster City Council Liaisons List Dated January 9, 2023 a) Action – By Minute Order, Approve List

8. CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager and Council/EMID Board Members report on their various assignments and liaison roles and Council/EMID Board requests for scheduling future items.

9. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 at least 48 hours in advance of the meeting.

Any writings or documents provided to a majority of the City Council or EMID Board regarding any item on this agenda after the agenda packet was distributed will be made available for public inspection in the City Clerk Department at City Hall located at 610 Foster City Boulevard during normal business hours and at the meeting.

City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:

LIVE every 1st and 3rd Monday of the month
REPLAY next day at 1:00 pm (that week only)
REPLAY Saturday at 5:00 pm (only on Saturday the week the actual meeting occurs) City Council meetings on https://www.fostercity.org/community/page/fctvlivestream:

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

1 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54953 (AS AMENDED BY AB 361) WHICH AUTHORIZES TELECONFERENCED MEETINGS UNDER THE BROWN ACT DURING CERTAIN PROCLAIMED STATES OF EMERGENCY.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

To Observe the Meeting via Teleconference/Video Conference:

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Monday, January 09, 2023 6:30 PM
SPECIAL MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Councilmembers/ex officio EMID Directors Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin

5.1. City/EMID Resolutions for Adoption (First City Resolution Number to be used tonight is 20231 and EMID Resolution Number to be used tonight is 3699)

6. PUBLIC HEARINGS

7. NEW BUSINESS

7.2. Consideration of Foster City Council Liaisons List Dated January 9, 2023 a) Action – By Minute Order, Approve List

9. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 at least 48 hours in advance of the meeting.

City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

2 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54953 (AS AMENDED BY AB 361) WHICH AUTHORIZES TELECONFERENCED MEETINGS UNDER THE BROWN ACT DURING CERTAIN PROCLAIMED STATES OF EMERGENCY.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

To Observe the Meeting via Teleconference/Video Conference:

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Monday, January 09, 2023 6:30 PM
SPECIAL MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Councilmembers/ex officio EMID Directors Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin

5.1. City/EMID Resolutions for Adoption (First City Resolution Number to be used tonight is 20231 and EMID Resolution Number to be used tonight is 3699)

6. PUBLIC HEARINGS

7. NEW BUSINESS

7.2. Consideration of Foster City Council Liaisons List Dated January 9, 2023 a) Action – By Minute Order, Approve List

9. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 at least 48 hours in advance of the meeting.

City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

3 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54953 (AS AMENDED BY AB 361) WHICH AUTHORIZES TELECONFERENCED MEETINGS UNDER THE BROWN ACT DURING CERTAIN PROCLAIMED STATES OF EMERGENCY.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

To Observe the Meeting via Teleconference/Video Conference:

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Monday, January 09, 2023 6:30 PM
SPECIAL MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Councilmembers/ex officio EMID Directors Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin

5.1. City/EMID Resolutions for Adoption (First City Resolution Number to be used tonight is 20231 and EMID Resolution Number to be used tonight is 3699)

6. PUBLIC HEARINGS

7. NEW BUSINESS

7.2. Consideration of Foster City Council Liaisons List Dated January 9, 2023 a) Action – By Minute Order, Approve List

9. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 at least 48 hours in advance of the meeting.

City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

4 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54953 (AS AMENDED BY AB 361) WHICH AUTHORIZES TELECONFERENCED MEETINGS UNDER THE BROWN ACT DURING CERTAIN PROCLAIMED STATES OF EMERGENCY.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

To Observe the Meeting via Teleconference/Video Conference:

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Monday, January 09, 2023 6:30 PM
SPECIAL MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Councilmembers/ex officio EMID Directors Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin

5.1. City/EMID Resolutions for Adoption (First City Resolution Number to be used tonight is 20231 and EMID Resolution Number to be used tonight is 3699)

6. PUBLIC HEARINGS

7. NEW BUSINESS

7.2. Consideration of Foster City Council Liaisons List Dated January 9, 2023 a) Action – By Minute Order, Approve List

9. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 at least 48 hours in advance of the meeting.

City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

5 DATE: January 9, 2023

TO: Mayor and Members of the City Council President and Members of the Estero Municipal Improvement District (EMID) Board of Directors
VIA: Stefan Chatwin, City Manager

FROM: Julie Paping, Principal Management Analyst
DEPARTMENT: City Manager, Human Resources
SUBJECT: AUTHORIZATION OF CONTRACT AMENDMENT NO. 1 IN THE AMOUNT OF $8,250 WITH KOFF & ASSOCIATES, A DIVISION
OF GALLAGHER BENEFIT SERVICES, INC., TO REFRESH

DATA FROM COMPARATOR AGENCIES

RECOMMENDATION
It is recommended that the City Council of Foster City (City) and the Board of Directors of the Estero Municipal Improvement District (EMID) (hereinafter collectively referred to as City) adopt the attached resolutions authorizing the Mayor/President to execute Contract Amendment No. 1 to the existing Contract Agreement with Koff & Associates, a division of Gallagher Benefit Services, Inc. (hereinafter referred to as Koff & Associates), in an amount of $8,250.

EXECUTIVE SUMMARY
The City entered into agreement with Koff & Associates on February 7, 2022, to conduct a compensation study for a maximum amount not to exceed $ 60,390.

Preliminary comparison data has been provided by Koff & Associates; however, several agencies have entered into new labor agreements since the comparison data was collected. Staff is seeking authorization to amend the agreement to allow Koff & Associates to refresh data from comparator agencies at a cost of $8,250. The proposed amendment would increase the maximum not to exceed amount of the agreement to be $68,640.

5.5.1.1 5.1.1 Staff Report

6 BACKGROUND/ANALYSIS
On February 7, 2022, the City entered into agreement with Koff & Associates to conduct a Compensation Study. The current pay plan for the organization has several issues related to compression and inequities that have developed over the years. The City is interested in updating its pay plan to attract and retain quality staff, provide salaries commensurate with assigned duties, provide justifiable pay differentials between individual classes, and maintain a competitive position with other comparable agencies in the area.

Staff has received preliminary comparison data from Koff & Associates; however, the City is aware of several comparator agencies that have entered into new labor agreements prior to the comparison data being collected and at least two comparator agencies that will likely enter into new labor agreements in January 2023. It is important to note that a compensation study is a snapshot in time of data as it currently exists.

However, staff believes is it necessary to collect updated comparator information at this time given that the study has not yet been finalized, the City is aware of several comparator agencies with changes to compensation and benefits since the initial data was gathered, and because the City is preparing to begin negotiations with bargaining units.

If approved by the City Council, Koff & Associates will update the comparator data. The compensation study will then be finalized and presented to the City Council at a future meeting.

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
The cost of Contract Amendment No. 1 is $8,250. The proposed amendment would increase the maximum not to exceed amount of the agreement with Koff & Associates to $68,640. Funding is available within the Human Resources Department budget.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Staff Empowerment and Operational Excellence
Public Safety and Social Equity
ATTACHMENTS:

Attachment 1 - City Resolution
Attachment 2 - EMID Resolution

5.5.1.1 5.1.1 Staff Report

7 Attachment 3 - Contract Amendment No. 1
Attachment 4 - Original Agreement

5.5.1.1 5.1.1 Staff Report

8 1
8 2
RESOLUTION NO.____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AUTHORIZAING THE MAYOR TO EXECUTE CONTRACT AMENDMENT NO. 1 TO

THE EXISTING CONTRACT AGREEMENT WITH KOFF & ASSOCIATES, A DIVISION OF GALLAGHER BENEFIT SERVICES, INC., IN THE AMOUNT OF $8,250.

CITY OF FOSTER CITY
WHEREAS, on February 7, 2022, the City of Foster City entered into agreement with Koff & Associates, a division of Gallagher Benefit Services, Inc. (Consultant) to conduct a compensation study for a total amount not to exceed $60,390; and WHEREAS, the Consultant has provided preliminary compensation and benefits data from comparator agencies; and
WHEREAS, several comparator agencies have entered into new labor agreements since compensation and benefits information was gathered from those comparator agencies by the Consultant; and
WHEREAS, updated information is needed from comparator agencies to provide current compensation and benefits benchmarks; and
WHEREAS, the City of Foster City desires to review and amend the pay plan to attract and retain quality staff, provide salaries commensurate with assigned duties, provide justifiable pay differentials between individual classes, and maintain a competitive position with other comparable agencies in the area.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the Mayor to execute Contract Amendment No. 1 to the existing Contract Agreement with Koff & Associates, a division of Gallagher Benefit Services, Inc., in the amount of $8,250 for a revised contract amount not to exceed $68,640.

5.5.1.1 Attachment 1 - City Resolution

9 1
8 2
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the special meeting held on the 9th day of January, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

5.5.1.1 Attachment 1 - City Resolution

10 1
8 3
RESOLUTION NO.____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT AUTHORIZAING THE MAYOR TO EXECUTE CONTRACT AMENDMENT NO. 1 TO THE EXISTING CONTRACT AGREEMENT WITH KOFF & ASSOCIATES, A DIVISION OF GALLAGHER BENEFIT SERVICES, INC., IN THE AMOUNT OF $8,250.

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, on February 7, 2022, the Estero Municipal Improvement District entered into agreement with Koff & Associates, a division of Gallagher Benefit Services, Inc. (Consultant) to conduct a compensation study for a total amount not to exceed $60,390; and
WHEREAS, the Consultant has provided preliminary compensation and benefits data from comparator agencies; and
WHEREAS, several comparator agencies have entered into new labor agreements since compensation and benefits information was gathered from those comparator agencies by the Consultant; and
WHEREAS, updated information is needed from comparator agencies to provide current compensation and benefits benchmarks; and
WHEREAS, the Estero Municipal Improvement District desires to review and amend the pay plan to attract and retain quality staff, provide salaries commensurate with assigned duties, provide justifiable pay differentials between individual classes, and maintain a competitive position with other comparable agencies in the area.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby authorize the Mayor to execute Contract Amendment No. 1 to the existing Contract Agreement with Koff & Associates, a division of Gallagher Benefit Services, Inc., in the amount of $8,250 for a revised contract amount not to exceed $68,640.
.

5.5.1.1 Attachment 2 - EMID Resolution

11 1
8 3
PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the special meeting held on the 9 th day of January, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY

5.5.1.1 Attachment 2 - EMID Resolution

12 CITY OF FOSTER CITY
CONTRACT AMENDMENT NO. ONE (1)
DATE: January 9, 2023 ACCOUNT NO. 001-1210-415-4251 PROJECT NAME: Compensation Study
TO: Koff & Associates, a division of Gallagher Benefit Services, Inc.

CHANGE REQUESTED BY: Koff & Associates, a division of Gallagher Benefit Services, Inc., and City of Foster City and Estero Municipal Improvement District (EMID)
Based on mutual agreement, Koff & Associates, a division of Gallagher Benefit Services, Inc., and City of Foster City and EMID agree to amend the original Agreement dated February 7, 2022 (“Agreement”) pursuant to Section 18 of the Agreement to add additional work for specified amounts, which are identified as follows:

ORIGINAL CONTRACT AMOUNT $ 60,390
AMOUNT OF CONTRACT AMENDMENT NO. ONE (1) $ 8,250
REVISED CONTRACT AMOUNT $ 68,640
Additional work included in the contract amendment:

Task #1: Refresh data from Comparators

1. Update and refresh data from Comparators (this assumes up to 12 comparator agencies and up to 48 classifications)
$ 8,250
Subtotal $ 8,250
REVISED CONTRACT AMOUNT $ 68,640
Except as specifically modified herein, all other terms and provisions in the Agreement shall remain unchanged.

Koff & Associates, a division of Gallagher Benefit Services Inc., have given careful consideration to the work proposed and hereby agree, if this proposal is approved, to provide all equipment, furnish all materials except as may otherwise be noted above, and to perform all services necessary for the work above specified, and to accept as full payment therefore the prices shown above.

5.5.1.1 Attachment 3 - Contract Amendment No. 1

13 CITY OF FOSTER CITY/EMID
DATED: ____ _________________
Jon Froomin, Mayor/Board President
ATTEST:

DATED: ____________________
Priscilla Schaus, City Clerk
APPROVED AS TO FORM:

DATED: ____________________
Benjamin Stock, City Attorney

KOFF & ASSOCIATES, A DIVISION OF
GALLAGHER BENEFIT SERVICES, INC.:

DATED: ____________________
George S. Krammer, Managing Director

5.5.1.1 Attachment 3 - Contract Amendment No. 1

14 Submittal date: December 16, 2022
Compensation Study
Cost Proposal
Benchmark Update
City of Foster City
Koff & Associates, a Gallagher Company

GEORG S. KRAMMER
Managing Director, Compensation and Rewards Consulting

2835 Seventh Street
Berkeley, CA 94710
www.KoffAssociates.com

[email protected]
Tel: 510.658.5633
Fax: 510.652.5633

Attachment 1

5.5.1.1 Attachment 3 - Contract Amendment No. 1

15 December 16, 2022
Ms. Julie Paping
Principal Management Analyst
610 Foster City Boulevard
Foster City, CA 94404

Dear Ms. Saguisag-Sid:

Thank you for the opportunity to respond to your Request for Proposals for a Compensation Study – Benchmark Update for the City of Foster City (“City”).

As a Managing Director of Koff & Associates, Katie Kaneko would assume the role of Project Director and be responsible for the successful completion of project. We can be reached at our Berkeley address and the phone number listed on the cover page. Katie’s email is [email protected] and my email is [email protected].

This proposal will remain valid for at least 90 days from the date of submittal. Please call if you have any questions or wish additional information. We look forward to the opportunity to provide professional services to the City of Foster City.

Sincerely,

Georg S. Krammer
Managing Director, Compensation and Rewards Consulting

2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com

5.5.1.1 Attachment 3 - Contract Amendment No. 1

16 Deliverables Compensation Study Hours
A. Meetings with Study Project Team and Management Staff and Initial Documentation Review
B. List of Comparator Agencies, Benchmark Classifications, and Benefits to be Collected
C. Refresh data from Comparators (this assumes up to 12 comparator agencies and up to 48 classifications) 50
D. Draft Compensation Findings/Additional Analysis/Study Project Team Meetings
E. Analysis of Internal Relationships and Alignment
F. Compensation Structure and Implementation Plan
G. Final Report and Guidelines for Implementation
H. Final Presentation
Anticipated hours for additional unscheduled meetings and phone calls Total Professional Hours – Compensation 50

Combined professional and clerical composite rate: $165/Hour $8,250

Expenses are included in the composite hourly rate: N/A Expenses include but are not limited to duplicating documents, binding reports, phone, supplies, postage, etc.

TOTAL PROJECT COST NOT TO EXCEED: $8,250
*Additional consulting will be honored at composite rate ($165/hr)

Our cost proposal does not include time to support the City during any labor negotiations that may follow this study. If we are needed for this work, our composite hourly rate will apply and we will charge on a time-and-materials basis.

Compensation Study – Benchmark Update Proposal
City of Foster City
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 1 5.5.1.1
Attachment 3 - Contract Amendment No. 1

17 Proposal Signature Page

Koff & Associates intends to adhere to all the provisions described above.

This proposal is valid for 90 days from date of submittal.

Respectfully submitted,

By: KOFF & ASSOCIATES
State of California

Managing Director, Compensation and Rewards Consulting

2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com Compensation Study – Benchmark Update Proposal
City of Foster City

Georg S. Krammer December 16, 2022

5.5.1.1 Attachment 3 - Contract Amendment No. 1

18 5.5.1.1
Attachment 4 - Original Agreement

19 5.5.1.1
Attachment 4 - Original Agreement

20 5.5.1.1
Attachment 4 - Original Agreement

21 5.5.1.1
Attachment 4 - Original Agreement

22 5.5.1.1
Attachment 4 - Original Agreement

23 5.5.1.1
Attachment 4 - Original Agreement

24 5.5.1.1
Attachment 4 - Original Agreement

25 5.5.1.1
Attachment 4 - Original Agreement

26 5.5.1.1
Attachment 4 - Original Agreement

27 5.5.1.1
Attachment 4 - Original Agreement

28 5.5.1.1
Attachment 4 - Original Agreement

29 5.5.1.1
Attachment 4 - Original Agreement

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42 DATE: January 9, 2023

TO: City Council
VIA: Stefan Chatwin, City Manager

FROM: Marlene Subhashini, Assistant City Manager
Leslie Carmichael, Consulting Planner
DEPARTMENT: Community Development
SUBJECT: HOUSING ELEMENT ZONING AMENDMENTS AND EXISTING

UNIT PURCHASE TENANT PREFERENCE POLICY

REQUESTED ACTION/PURPOSE
Staff and the Planning Commission recommend that the City Council take the following actions:
1) Adopt 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.

Attachments 1, 2, and 3.
2) Introduce and pass to second reading 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 making various text amendments to Title 17, “Zoning” of the Foster City Municipal Code, including amendments to Chapter 17.78, “Accessory Dwelling Units” and 17.04, “Definitions” and 17.82, “Emergency Shelters,” 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 certain amendments subject to an Addendum to the 2015 Final Environmental Impact Report (FEIR) prepared for the Foster City General Plan Update and Climate Action Plan (SCH #2012072003) or exempt from the California Environmental Quality Act. Attachments 4 and 5.

6.1 6.1 Staff Report

43 3) Introduce and pass to second reading an Ordinance rescinding Chapter

17.56 Floor Area Standards of Title 17, “Zoning” of the Foster City Municipal Code to implement Housing Program H-D-9 and Program H-D-9-d identified in the 2015-2023 Housing Element finding the amendment within the scope of the Negative Declaration for the 2015-2023 Housing Element.

Attachments 7 and 7a.
4) Introduce and pass to second reading an Ordinance adopting 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 and finding the amendments within the scope of the Addendum to the 2015 FEIR.

Attachment 8.
5) Adopt Resolution adopting amended preferences for selection of tenants of Existing Unit Purchase Program Affordable Housing Units and finding the amendment exempt from the California Environmental Quality Act.

Attachment 9.

EXECUTIVE SUMMARY
These zoning actions will follow through on the City’s obligations for implementation of housing sites identified in the Sites Inventory in the RHNA 5 Housing Element and make certain changes in order to implement the RHNA 6 Housing Element for 2023- 2031. The zoning actions that are necessary to provide sites for the lower income RHNA and to allow the reuse of “carry over” RHNA 5 sites without a “by right” process must be adopted by January 31, 2023.

All six (6) “carry over” sites are designated Apartment Residential on the Land Use Map of the General Plan. As described in the Land Use Element of the General Plan (see p. 3-17), Apartment Residential allows densities of 20-35 units per acre, with additional density above the density ranges pursuant to Density Bonus Law and other incentives.

The General Plan Land Use Map designation for the sites will remain Apartment Residential. The zoning of a city generally must be consistent with its General Plan (Govt Code §65860). With the zoning text amendment described below, both R-3 and R-4 zoning would allow up to 35 units/acre, giving them equal density potential. The difference in height allowance between the two zones is seven feet (7’), which is a minor change.

Two of the “carry over” sites are already zoned R-4 and therefore cannot be up-zoned, as there is no higher intensity residential zone in Foster City; they would therefore be zoned for by-right development using an overlay district. This overlay is described in a new section of the Zoning Code, Chapter 17.94, By Right Housing Overlay, and would be applied to the two (2) properties with a Zoning Map Amendment. In practical terms, if a residential development with at least 20% lower income affordable units is proposed

6.1 6.1 Staff Report

44 for these sites, the application would need to be processed ministerially, using objective design standards for its review. Housing developments that do not contain the requisite 20 percent would still be allowed to be developed according to the underlying (base) zoning but would not be eligible for “by right” processing.

A number of other minor zoning text amendments are proposed to implement programs in the RHNA 5 Housing Element.

An amendment to the tenant preferences for the Existing Unit Purchase Program is proposed to adjust the preferences, so that when vacancies occur, supportive housing providers would have an opportunity to propose renting the unit to provide supportive housing for people with disabilities. If no acceptable proposals are received, then the unit would continue to be rented to very low- and low-income households.

BACKGROUND
The proposed ordinances and resolutions are a few of the actions that are necessary to implement the City’s obligations for housing sites identified in the Sites Inventory in the RHNA 5 Housing Element and implement policies and programs contained in the Draft RHNA 6 Housing Element for 2023-2031.

In the case of the zoning actions for “carry-over” housing sites identified in the Sites Inventory in the RHNA 5 Housing Element and also in the RHNA 6 Housing Element and zoning actions to accommodate the lower income RHNA, adoption by January 31, 2023 is required in order for the City to avoid providing for a “by-right” process for these sites (explained in more detail in the Analysis section below). The Draft RHNA 6 Housing Element identifies these “carry-over” sites with capacity for 847 housing units.

As mentioned in HCD’s comment letter of October 3, 2022 (see Attachment 10, including p. 11 of the Exhibit attached to the letter), if any rezoning necessary to provide adequate sites for the lower-income RHNA is not completed by January 31, 2023, the housing element must include program(s) to rezone the site with appropriate zoning and development standards pursuant to Government Code section 65583(c)(1) and 65583.2 subdivisions (h) and (i), which includes provisions for “by-right” approvals.

The Draft Foster City Housing Element for 2023-2031 includes policies and programs to address the City’s housing needs, some of which can be implemented by updating the zoning code as proposed in this package of amendments. Many of the amendments to the zoning code proposed as part of this package are required for consistency with recent changes in State law, as explained in the Analysis section below. Additional code amendments and program implementation will be necessary throughout the eight- year Housing Element cycle.

A Joint Planning Commission/City Council Study Session was held on November 15, 2022 to discuss both proposed responses to HCD comments on the Draft RHNA 6 Housing Element and the proposed ordinances and resolutions that are the subject of

6.1 6.1 Staff Report

45 this Staff Report. Feedback from the Joint Study Session has been incorporated into the proposed amendments as follows:
•Omit amendment of C-O Commercial Office District to allow mixed use. •Consider upon adoption of Housing Element when EIR is complete: Rezone Foster’s Landing from R-3/PD to R-4/PD and Eaves from R-3 to R-4/PD. •Consider upon adoption of Housing Element when EIR is complete: Update General Plan Land Use Element to clarify minimum and maximum residential densities in mixed use areas.

The Planning Commission considered the proposed actions at a noticed Public Hearing on December 1, 2022 and recommended City Council approval by adoption of Resolutions P-17-22 though P-20-22 by votes of 3-0-0-2 (Absent Commissioners Bronitsky and Haddad). Attachment 12.

In response to a question from Commissioner Venkat regarding whether housing for victims of domestic violence would be included in supportive housing, staff indicated that the City relies on the State’s definition of supportive housing and that there is a program in the current housing element regarding support for victims of domestic violence.

NOTICING / PUBLIC OUTREACH
The public was advised of this Public Hearing in the following ways:
•Public Posting Places – December 20, 2022
•Foster City Website: www.fostercity.org – December 20, 2022 •Housing Element Update
Website: https://engagefostercity.org/housing-element – December 21, 2022 •Email Notification to HOAs – December 27, 2022
•Email Notification to listserves for Housing Element, Planning, Affordable Housing Updates, AHOZ/Multi-Family Design Standards, Gilead Project, Harbor Cove, Land Use and Circulation Update, Lantern Cove Apartments – December 27, 2022 •Full page ad in the Foster City Islander – December 28, 2022 •Mailed notice to property owners – December 29, 2022
•Posted at six (6) properties subject to Zoning Map Amendment – December 28, 2022
Although not required, staff also provided additional notice prior to the City Council Public Hearing to neighbors of the six (6) sites subject to zoning map amendments by posting the notice at the six (6) properties.

ANALYSIS
The following is a summary of this first set of proposed amendments to the City’s zoning ordinance and policies as called for by the Cycle 6 Draft Housing Element (Table 1). The amendments are described in more detail below the table.

6.1 6.1 Staff Report

46 Table 1: Summary of Zoning, General Plan, and Policy Updates by Housing Element Policy
Housing Element
Program
Foster City
Municipal Code
Section UpdatedItem
Number Program Code
Section
Code
Section
Title
Description
1 H-D-1-b
(1)
Rezone R-3
RHNA 5 sites
R-4
X X
-Zoning Map Amendment
(ZMA) to change the zoning
from R-3 Medium Density
Multiple-Family Residential and
R-3/PD Medium Density
Multiple-family
Residential/Planned
Development to R-4/PD High
Density Multiple-Family
Residential/Planned
Development for the following
apartment developments:

Harbor Cove, Franciscan, Sand
Cove, and The Lagoons,
retaining the Affordable
Housing Overlay (AHO) where
previously applied. Combined
with the zoning text amendment
in Item 4, this will bring the
zoning into conformance with
the General Plan designation of
Apartment Residential including
a minimum of 20 units/acre and
maximum of 35 units/acre.

Currently the zoning for R-3
allows 19.89 units/acre and R-4
allows 34.99 units/acre.
2  H-D-1-b
(2)
Rezone R-4
RHNA 5 sites
to allow by-
right
development
for projects
with 20% or
more lower-
income units

17.94 By Right
Housing
Overlay
-Add new Chapter 17.94 By
Right Housing Overlay
Combining District

6.1 6.1 Staff Report

47 3 H-D-1-b
(2)
Rezone R-4
RHNA 5 sites
to allow by-
right
development
for projects
with 20% or
more lower-
income units
X X
-Zoning Map Amendment to
apply the By Right Housing
Overlay Combining District to
the following apartment
developments: Beach Cove &
Shadow Cove, retaining the
existing R-4/PD/AHO zoning on
both sites
4  H-D-1-b
(3)
Amend R-3
and R-4 for
consistency
with General
Plan
minimum and
maximum
densities

17.18 17.20
R-3
R-4
-Add Maximum Lot
Area/Dwelling Unit column to
Area, bulk, yard, & height
regulations table to establish
minimum densities
-In R-3, modify Minimum Lot
Area to conform with General
Plan maximum of 35 units/acre
-In R-4, modify Minimum Lot
Area to conform with General
Plan maximum of 35
units/acre.
-This will bring the zoning into
conformance with the General
Plan designation of Apartment
Residential including a range of
20-35 units/acre and
Condominium Residential
including a range of 15-35
units/acre. Currently the zoning
for R-3 allows 19.89 units/acre
and R-4 allows 34.99
units/acre.
5  H-D-1-b
(4)
Rezone
commercial
housing
opportunity
site to allow
mixed use

17.26 C-2 General
Business
District
-Modify conditionally permitted
uses to allow R-3 and R-4
residential uses
-Add minimum and maximum
lot area per dwelling unit
standards to allow densities of
15-60 units per acre (reflecting
previously allowed densities)
6 H-D-3-a
Update
Planned
Development
Process

17.36 PD Planned
Development
-Modify process for housing
developments to have general
development plan approved by
City Council resolution instead
of ordinance

6.1 6.1 Staff Report

48 7a H-D-6-b
Minimize
Zoning
Constraints

17.56 Floor Area
Rescind Chapter 17.56 Floor
Area Standards;
Remove references to floor
area standards from Chapters

17.12 (R-1), 17.14 (R-2), 17.16
(R-T), 17.18 (R-3), 17.20 (R-4),

17.22 (C-O), 17.28 (C-M),

17.36 (PD), and 17.70
(Nonconformity Uses)
7b H-D-6-b
Minimize
Zoning
Constraints

17.04 Definitions
Replace “Mobilehome”
definition with updated
“Manufactured Home” definition
to conform to State law
7c  H-D-6-b
Minimize
Zoning
Constraints

17.12 R-1
Add language describing
regulations for Manufactured
Homes to conform to State law
8 H-C-2-c
Replacement
Unit
Requirement

17.56 Replacement
Units
Add new Chapter 17.56
Replacement Units to conform
to State law
9 H-D-4-a
Accessory
Dwelling
Units

17.78 ADUs
Add language to bring City’s
regulations current with State
requirements
10a H-D-6-g Employee
Housing Act 17.04 Definitions
Add definition of Employee
Housing, to conform to State
law
10b H-D-6-g Employee
Housing Act 17.12 R-1
Include Employee Housing as a
permitted use in R-1 to conform
to State law
11a H-F-2-e
Low-Barrier
Navigation
Centers

17.04 Definitions
Add definition of Low-Barrier
Navigation Center, to conform
to State law
11b H-F-2-e
Low-Barrier
Navigation
Centers

17.24 C-1
Include Low-Barrier Navigation
Centers as a permitted use to
conform to State law
11c  H-F-2-e
Low-Barrier
Navigation
Centers

17.32 P-F
Include Low-Barrier Navigation
Centers as a permitted use to
conform to State law
12 H-F-3-b Supportive
Housing 17.82 Emergency
Shelters
Add language relating to Low-
Barrier Navigation Centers and
Supportive Housing to Findings,
Purpose, and Performance
Standards sections, and add
Permit Required section to
conform to State law
13 H-E-1-a Existing Unit
Purchase X X Resolution to add supportive
housing as first preference

6.1 6.1 Staff Report

49 Program-
Opportunities
for Supportive
Housing
when City-owned Existing Unit
Purchase units become vacant
Below, each item in the table is described in more detail. Some items are grouped, such as Items 1-5, which are action items listed within a single Housing Element program. The Items are listed by number and described in two parts:

A description of the proposed change.

State law requirements relevant to the change. Many of these changes are required by the state law.

Item 1: Rezone R-3 RHNA 5 sites to R-4
Item 2: Add new Chapter 17.94 By-Right Development
Item 3: Rezone R-4 RHNA 5 sites to allow by-right development

Description. Items 1, 2 and 3 are requirements under the same rule governing sites which were used in the previous Housing Element cycle. Namely, any site that is included in the Sites Inventory in both the current (RHNA 5) and proposed (RHNA 6) Housing Element must either be “up-zoned” (meaning zoned for a higher intensity of use) or rezoned to allow for “by right” development of housing at specific densities if the project includes at least 20% of its units as affordable to lower income (very low- and low-income) households. “By-right” development means that the use is allowed by right, and does not need discretionary review, but does not preclude the imposition of objective design review standards (HCD Housing Element Site Inventory Guidebook, 6/10/2020, p. 12. https://www.hcd.ca.gov/community-development/housing- element/docs/sites_inventory_memo_final06102020.pdf ). Substantial work on new Multi-Family Objective Design Standards took place in 2021 and will be completed in 2023 following adoption of the Housing Element. (See
https://designstandardsfostercity.org/ for additional information.)

There are six (6) sites identified in both the RHNA 5 housing element that are also included in the RHNA 6 Draft Housing Element. These sites are discussed in more detail in Appendix D of the RHNA 6 Draft Housing Element on pages D-11 through D- 20 of the HCD Draft Housing Element dated July 2022. These six (6) sites are shown in the Map of Sites (Attachment 11) and also in Exhibit A to the Ordinance Adopting the Zoning Map Amendment (Attachment 8). The RHNA 6 Draft Housing Element proposes a zoning map amendment to either up-zone or apply an overlay for by-right development to these sites:

Table 2: Zoning Map Amendments for RHNA 5 Sites

Site Name APN Address Existing
Zoning
Proposed
Zoning

6.1 6.1 Staff Report

50 Harbor Cove 094-470-420 900 E. Hillsdale
Blvd.

R-3 R-4/PD
Franciscan 094-091-020 888 Foster City
Blvd.

R-3/AHO R-4/PD/AHO
Sand Cove 094-470-160 777 Shell Blvd. R-3/PD/AHO R-4/PD/AHO Lagoons 094-472-010 611 Bounty Dr. R-3/PD/AHO R-4/PD/AHO Beach Cove 094-320-040
094-330-010
699-703
Catamaran St.

R-4/PD/AHO R-4/PD/AHO/
BRHO (with By-
Right Overlay for
development
with 20% lower
income)
Shadow
Cove
091-312-420 1055 Foster City
Blvd.

R-4/PD/AHO R-4/PD/AHO/
BRHO (with By-
Right Overlay for
development
with 20% lower
income)

All six (6) sites are designated Apartment Residential on the Land Use Map of the General Plan. As described in the Land Use Element of the General Plan (see p. 3-17), Apartment Residential allows densities of 20-35 units per acre, with additional density above the density ranges pursuant to Density Bonus Law and other incentives. The General Plan Land Use Map designation for the sites will remain Apartment Residential. The zoning of a city generally must be consistent with its General Plan (Cal. Gov. Code §65860). With the zoning text amendment described below, both R-3 and R-4 zoning would allow up to 35 units/acre, giving them equal density potential.

The difference in height allowance between the two zones is seven feet (7’), which is a minor change.

As currently written, the R-3 district allows densities up to 19.89 units per acre and the R-4 district allows densities up to 34.99 units per acre (see additional discussion on amending the R-3 and R-4 maximum density for conformance with the General Plan under Item 4, below). The first four (4) sites would be up-zoned, from their current R-3 or R-3/PD zone to the proposed R-4/PD zone, with a Zoning Map Amendment.

The last two (2) sites are already zoned R-4 and therefore cannot be up-zoned, as there is no higher intensity residential zone in Foster City; they would therefore be zoned for by-right development using an overlay district. This overlay is described in a new section of the Zoning Code, Chapter 17.94 By Right Housing Overlay, and would be applied to the two (2) properties with a Zoning Map Amendment. In practical terms, if a residential development with at least 20% lower income affordable units is proposed for these sites, the application would need to be processed ministerially, using objective design standards for its review. Housing developments that do not contain the requisite 20 percent would still be allowed to be developed according to the underlying (base) zoning but would not be eligible for “by right” processing.

6.1 6.1 Staff Report

51 State Law Requirement. Government Code Section 65583.2 contains the requirements for the Sites Inventory. HCD’s Site Inventory Guidebook provides guidance for complying with these requirements. The Guidebook notes on p. 11 that for sites that have been rezoned to allow a higher density and therefore increasing potential housing capacity of the site, they can be considered a “new” site for the purposes of the housing element inventory. This avoids the requirement for a “by right” process for reused sites.

Item 4: Amend R-3 and R-4 for consistency with General Plan minimum and maximum densities

Description. Chapters 17.18 R-3 Medium Density Multiple-Family Residence District and 17.20 R-4 High Density Multiple-Family Residence District would be modified to more clearly reflect the allowed densities described in the General Plan. The General Plan allows for densities of 15-35 units/acre for sites designated Condominium Residential, and for 20-35 units/acre for sites designated Apartment Residential. These densities are reflected in the “Area, bulk, yard and height regulations” table present in each zoning chapter.

In R-3, the Minimum Lot Area Per Dwelling Unit column would be revised from 2,190 to 1,244 square feet, to correctly reflect the maximum density of 35 units/acre, and a Maximum Lot Area Per Dwelling Unit column has been added, with 2,178/2,904 square feet shown, to reflect the minimum densities of 15 units/acre for condominiums and 20 units/acre for apartments, respectively.

In R-4, the Minimum Lot Area Per Dwelling Unit column has been updated from 1,245 to 1,244 square feet, to correctly reflect the maximum density of 35 units/acre, and a Maximum Lot Area Per Dwelling Unit column has been added, with 2,178/2,904 square feet shown, to reflect the minimum densities of 15 units/acre for condominiums and 20 units/acre for apartments.
(Note for Zoning Text Amendments: Attachment 5 provides the “clean” version to attach to the Ordinance; Attachment 6 provides the “redline” version showing the changes to the existing language.)

State law requirement: As noted above, Government Code Section 65860 generally requires that the zoning be consistent with the General Plan. In addition, Government Code Section 65589.5(j)(4) of the Housing Accountability Act, as amended in 2018, states in part:

For the purpose of this section, a proposed housing development project is not inconsistent with the applicable zoning standards and criteria, and shall not require a rezoning, if the housing development project is consistent with the objective general plan standards and criteria but the zoning for the project site is inconsistent with the general plan. If the local agency has complied with paragraph (2), the local agency may require the proposed housing development project to comply with the

6.1 6.1 Staff Report

52 objective standards and criteria of the zoning which is consistent with the general plan, however, the standards and criteria shall be applied to facilitate and accommodate development at the density allowed on the site by the general plan and proposed by the proposed housing development project (Cal. Gov. Code § 65589.5(j)(4)).

Item 5: Rezone Commercial Housing Opportunity Site to Allow Mixed Use

Description. The Commercial Housing Opportunity Site at 1010 Metro Center was identified by the Housing Element as a site for future housing. The site is within the boundaries of the General Plan land use designation of Town Center Commercial and is zoned C-2 General Business District. The language in the Town Center Commercial designation in the Land Use Element is currently being modified to accommodate requests to allow R&D uses and at the same time clarify that residential uses are allowed in Town Center and to specify allowed densities.

The C-2 District does include the following as a conditional use: “F. Any permitted use in any residential (R) districts” but does not specify allowed densities. Chapter 17.26 C- 2 General Business District is proposed to be modified to allow only R-3 and R-4 residential uses in future development. Two columns are proposed to be added to the chapter’s Area, bulk, yard and height regulations table for Minimum and Maximum Lot Area Per Dwelling Unit (2,904 and 544 respectively) to reflect a density range of 15-60 units/acre. This reflects the existing allowed densities in the C-2 District, including:

•Metro Senior Apartments: 60 units/acre
•Citypark Townhouses 26 units/acre
•Cityhomes East and Cityhomes West: 15 units/acre

The language in the Draft Housing Element will be adjusted to clarify that the 1010 Metro Center Boulevard site is designated for commercial or a mix of commercial and residential uses.

State law requirement. Government Code Section 65583(a)(3) requires that cities demonstrate they have adequate sites to meet their housing obligations. Sites can be located in both residential and mixed use zones. Government Code Section 65583.2(a)(3) includes “residentially zoned sites…” and “sites zoned for nonresidential use that can be redeveloped for residential use…” This change, combined with Item 4 below, will provide consistency between the General Plan Land Use designations and the zoning for the densities allowed in the mixed use designations.

Item 6: Update Planned Development Process

Description. The current Planned Development (PD) process requires a General Development Plan (GDP) to be established by a zoning map amendment by City Council Ordinance and the Specific Development Plan/Use Permit (SDP/UP) to be approved by Planning Commission Resolution. The GDP is the more general

6.1 6.1 Staff Report

53 framework for the development and the SDP/UP include the more specific site plan, building architecture, and landscape planning. In order to facilitate residential development and in an effort to address HCD’s guidance for Sites Inventory that provides that to be considered “suitable for residential development if zoned appropriately and available for residential use during the planning period,” the proposed zoning code amendment would change the process for housing developments to have their GDP approved by City Council Resolution instead of by Ordinance. This will eliminate the need for a zoning amendment, but still provides for review by both the Planning Commission and City Council (see Exhibit D of Attachments 5 and 6).

State law requirements. Government Code Section 65583.2(a) includes a list of types of sites that can be considered “land suitable for residential development”, including but not limited to sites zoned for residential use and sites zoned for nonresidential use that can be redeveloped for residential use. The amendment would eliminate the need for an additional zoning ordinance to redevelop sites in a PD District with housing.

Item 7: Minimize Zoning Constraints

Description. Two constraints were identified for immediate removal in the Housing Element: floor area standards and manufactured homes. The first, Item 7a in Table 1 above, describes floor area standards, or minimum sizes for each type and size of dwelling unit. By requiring larger units, this standard prevents the development of smaller units, which are inherently more affordable. Removal of this constraint in Chapter 17.56 is also mentioned in the existing Housing Element for 2015-2023 in Housing Program H-D-9-d. To remove this constraint, Chapter 17.65 Floor Area Standards is proposed to be rescinded (see Attachment 7), along with all references to the chapter throughout the code (list of impacted chapters is provided in Table 1 above).

The second constraint, Items 7b and 7c in Table 1 above, revolves around manufactured homes, building materials and types, and the evolution of the construction industry. Many new types of manufactured and factory-built homes have been developed, and State law has changed to incorporate them. In order to stay consistent with State law and ensure homes of all sizes and construction types are encouraged, the following changes are proposed:

i. In Chapter 17.04 Definitions, “Mobilehome” would be rescinded, to be replaced with “Manufactured Home” (see Exhibit F of Attachments 5 and 6). ii. In Chapter 17.12 R-1 Single Family Residence District, new language describing factory built and manufactured homes would be inserted (See Exhibit G of Attachments 5 and 6).

The new language in R-1 would clarify that modular or factory-built homes should be considered the same as any other construction type and lists the federal regulations which apply to manufactured homes when they are used as permanent dwellings.

6.1 6.1 Staff Report

54 State law requirements. Government Code Section 65583(a)(5-6) requires that the Housing Element include a discussion of the factors that present constraints to the maintenance, improvement, or development of housing for all income levels and for persons with disabilities. Government Code Section 65852.3 requires that manufactured homes on a foundation system be allowed on lots zoned for conventional single family dwellings.

Item 8: Replacement Unit Requirements

Description. State law requires that each jurisdiction have a policy of “no net loss,” meaning that the total count of residential units in the jurisdiction shall not be reduced, even when housing units are demolished or altered. In these cases, new units must be built as replacement units. The focus of this policy is on affordability and ensuring that affordable units are not replaced with market rate units. To this end, the replacement provisions of the policy must state that all lower income (very low- and low-income) units shall be replaced at the same level of affordability.

A new chapter is proposed to comply with these requirements, Chapter 17.55 Replacement Units (see Exhibit N of Attachments 5 and 6).

State law requirements. Government Code Section 65915 contains density bonus provisions and includes affordability provisions for replacement units in subdivision (c)(3) that replacement units shall match the proportion of lower income renter households previously existing at the site and if the proportion is not known, it shall be rebuttably presumed that the proportion of lower income renter households is the same as the Housing and Urban Development (HUD) data for the jurisdiction.

Government Code Section 66300(d) of the Housing Crisis Act of 2019 references the requirements in 65915 and includes requirements for replacement units, relocation benefits, and existing tenants’ right of first refusal for a comparable unit in the new development.

Item 9: Accessory Dwelling Units (ADUs)

Description. The California state legislature has made changes to the State ADU laws for many years running. Proposed updates at this time would simply bring the City’s ADU ordinance into compliance with the most recent updates and changes. Changes focus on the following areas (see Exhibit P of Attachments 5 and 6):
i. Attached ADUs were limited to sixteen (16) feet in height, now revised to twenty- five (25) feet or the primary dwelling height, whichever is lower. ii. Where ADUs are located within ½ mile of a major transit stop or on a lot with a multifamily multistory dwelling, it shall not exceed eighteen (18) feet, with exceptions.
iii. Any properties with ADUs built or developed by a nonprofit corporation, as defined, may qualify to be sold or conveyed separately from the primary residence.

6.1 6.1 Staff Report

55 iv. If a local agency has not acted upon the completed application for an ADU within 60 days, the application shall be deemed approved.
v. Various minor clarifications.

State law requirements. California Government Code Section 65852.2 et seq. contains the regulations pertaining to ADUs. New legislation regarding ADUs has been adopted each year since 2016. Staff also used the Accessory Dwelling Unit Handbook Updated July 2022 published by HCD to review the recent legislation.

Item 10: Employee Housing Act

Description. The Employee Housing Act requires that all jurisdictions allow for the provision of employee housing for six (6) or fewer employees. Employee housing of this size must be permitted where single family housing is permitted, without any additional permitting or regulation requirements. Two changes are proposed to meet this requirement: 1) the addition of Employee Housing to Chapter 17.04 Definitions (see Exhibit F of Attachments 5 and 6), and the addition of Employee Housing to the permitted uses listed in Chapter 17.12 R-1 Single Family Residential District (see Exhibit G of Attachments 5 and 6).

State law requirements. California Health and Safety Code Section 17021.5 (Employee Housing Act) requires jurisdictions to permit employee housing for six or fewer employees as a single-family use. Other provisions of the Employee Housing Act apply to larger employee housing uses, which are deemed agricultural uses and therefore not relevant to Foster City.

Item 11: Low Barrier Navigation Center

Description. Low Barrier Navigation Centers are homeless shelters that focus on moving clients into permanent housing, providing services, and presenting as few barriers to their use as possible. State law requires that they be allowed by right in areas zoned for mixed use and non-residential zones permitting multifamily uses. In order to comply with state law, changes to the zoning code would include:

•The addition of “Navigation Center, Low Barrier” to Chapter 17.04 Definitions (see Exhibit F of Attachments 5 and 6);
•The addition of Low Barrier Navigation Centers to the list of uses permitted by right in the C-1 Neighborhood Business District zone (see Exhibit K of Attachments 5 and 6).;
•The addition of Low Barrier Navigation Centers to the list of uses permitted by right in the P-F Public Facilities District zone (see Exhibit M of Attachments 5 and 6); and
•The addition of text describing Low Barrier Navigation Centers, their development standards and requirements, permitting, processes, and definitions specific to their use, to Chapter 17.82 Emergency Shelters (see Exhibit Q of Attachments 5 and 6).

6.1 6.1 Staff Report

56 State law requirements. Government Code Section 65660 (added by AB 101 in 2019) requires a Low Barrier Navigation Center (LBNC) be a use by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses if it meets specified requirements.

Item 12: Supportive Housing

Description: Supportive Housing is housing with no limit on length of stay that is linked to on- or off-site services that assist residents in retaining housing, improving health, and maximizing residents’ ability to live and work in the community. State law requires that supportive housing be allowed by right in zones where multifamily and mixed uses are permitted, including in non-residential zones. In order to comply with state law, changes to the zoning code would include the addition of text describing Supportive Housing, their development standards and requirements, permitting, processes, and definitions specific to their use, to the existing provisions in Chapter 17.82 Emergency Shelters (see Exhibit Q of Attachments 5 and 6).

State law requirements. Government Code Section 65651 (added by AB 2162) requires that supportive housing shall be a use by right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses. The regulation requires a local government to approve, within statutory timelines, a supportive housing development that complies with specified criteria.

Item 13: Existing Unit Purchase Program-Opportunities for Supportive Housing

Description. The City has an Existing Unit Purchase Program, created in 1997 pursuant to the Community Development Agency’s Affordable Housing Strategic Plan, with the goal of acquiring existing residential units to provide affordable rental housing for larger families. The City now owns six units that are rented to very low- and low-income families as part of this program. As part of this program, the City established a preference order for tenants of the units.

The 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. The proposed change to the Existing Unit Purchase Program would adjust the preferences, so that when vacancies occur, supportive housing providers would have an opportunity to propose renting the unit to provide supportive housing for people with disabilities. If no acceptable proposals are received, then the unit would continue to be rented to very low- and low-income households. The Program would be modified via City Council Resolution (See Attachment 9).

State law requirements. Government Code Section 65583(a)(7) requires an analysis of special housing needs. Section 65583(c)(3) requires the jurisdiction where appropriate

6.1 6.1 Staff Report

57 and legally possible, remove governmental constraints to housing, including housing for persons with disabilities.

CEQA
The proposed amendments are either: 1) exempt from review under the California Environmental Quality Act (CEQA), 2) within the scope of the 2015 Negative Declaration for the 2015-2022 Housing Element, or 3) addressed in an Addendum (Attachment 2) to the Final Environmental Impact Report (FEIR) prepared for the Foster City General Plan Update and Climate Action Plan (SCH#2012072003), dated September 2015 (Attachment 3).

A summary of the CEQA status of the various amendments is as follows:

Table 3: Summary of CEQA Status
Proposal CEQA Status
Rezoning of four “carry-over” sites from the
current Housing Element cycle (RHNA 5) from R-3
to R-4: Harbor Cove, Franciscan, Sand Cove, The
Lagoons
Addressed in Addendum
Create new Chapter 17.94, By-Right Housing
Overlay Combining District
Addressed in Addendum
Rezoning of two “carry-over” sites with By-Right
Housing Overlay Combining District: Beach Cove
and Shadow Cove
Addressed in Addendum
Amend R-3 and R-4 for consistency with General
Plan minimum and maximum densities
Addressed in Addendum
Amend C-2 conditionally permitted uses to allow
R-3 and R-4 residential uses
Addressed in Addendum
Amend Chapter 17.36, Planned Development, to
adjust the process for housing developments
Addressed in Addendum
Rescind Chapter 17.56, Floor Area Standards, to
eliminate minimum floor areas pursuant to
Housing Implementation Program H-D-9-d
Within the scope of the Negative
Declaration for the 2015-2023
Housing Element adopted February
2, 2015
Amend Chapter 17.78 Accessory Dwelling units to
conform to state law requirements
Exempt pursuant to CEQA
Guidelines Section 15282(h)
Amend provisions of Chapter 17, Zoning to
conform to state law regarding Low Barrier
Navigation Centers (LBNC)
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)

6.1 6.1 Staff Report

58 Amend various provisions of Chapter 17, Zoning
to conform to state law regarding manufactured
homes, replacement units, employee housing, and
supportive housing
Exempt from CEQA pursuant to
CEQA Guidelines Section
15061(b)(3), the common sense
exemption that CEQA applies only to
project which have the potential for
causing a significant effect on the
environment.

Resolution amending the policy for tenant
preference for units in the Existing Unit Purchase
Program to include providers of supportive
housing
Exempt from CEQA pursuant to
CEQA Guidelines Section
15061(b)(3), the common sense
exemption that CEQA applies only to
project which have the potential for
causing a significant effect on the
environment.

Addendum

The Addendum to the 2015 FEIR considers those zoning amendments that are necessary to implement the City’s obligations for housing sites identified in the Sites Inventory in the RHNA 5 Housing Element. This Addendum was prepared pursuant to Section 15164 of the State CEQA Guidelines which states that the lead agency shall prepare an addendum to a previously certified FEIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a supplement to the FEIR have occurred. The addendum need not be circulated for public review but can be included in or attached to the Final EIR and considered by the decision-making body prior to making a decision on the project. The FEIR is attached as Attachment 3 (use link provided: https://www.fostercity.org/commdev/page/general- plan-eir).

The Addendum includes an analysis for each of the components addressed regarding why the current proposal is consistent with the project analyzed in the FEIR. The Addendum concludes that having considered the analysis set forth in the Addendum, the conclusions reached in the 2015 FEIR remain relevant and valid. 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.

In addition, there is no new information of substantial importance showing that the project would have one or more significant effects not previously discussed or that any previously examined significant effects would be substantially more severe than the significant effects identified in the previous FEIR. Nor is there new information of substantial importance showing (i) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative or (ii) that mitigation measures or alternatives

6.1 6.1 Staff Report

59 considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects, but the proponents decline to adopt the mitigation measure or alternative. Thus, neither a subsequent or supplemental environmental document is not required. The proposed zoning amendments necessary to implement the City’s obligations for housing sites identified in the Sites Inventory in the RHNA 5 Housing Element would remain subject to all applicable previously required mitigation measures from the FEIR.

Negative Declaration

The proposed Zoning Code amendments include rescinding Chapter 17.56, Floor Area Standards, to eliminate minimum floor areas pursuant to Housing Implementation Program H-D-9-d. These revisions are within the scope of the Negative Declaration for the 2015-2023 Housing Element, which was adopted on February 2, 2015. Existing Housing Program H-D-9-d Zoning Incentives calls for encouraging the development of diverse housing types, including smaller, more affordable units by amending City codes, specifically calling out Chapter 17.56.

Exempt from CEQA

Various amendments to the Zoning Code are required to comply with state law. The proposed Zoning Code amendments include amendments to Chapter 17.78 Accessory Dwelling Units (ADU) to conform to recent amendments to state law requirements for ADUs. These amendments would be exempt pursuant to CEQA Guidelines Section 15282(h), which provides a statutory exemption for adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code.

The proposed zoning code amendments also include amendments to Chapter 17, Zoning to conform to state law regarding low barrier navigation centers (LBNC) and manufactured homes, replacement units, employee housing, and supportive housing.

The amendments regarding LBNCs would be 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) and section 15061(b)(3), the common sense exemption, which provides that where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

The remainder of the proposed zoning code amendments and a resolution to amend the policy for tenant preference for units in the Existing Unit Purchase Program to include providers of supportive housing would be exempt pursuant to CEQA Guidelines Section 15061(b)(3), the common sense exemption, as discussed above.

FISCAL IMPACT

6.1 6.1 Staff Report

60 There is no fiscal impact.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
The Housing Element Update supports the City Council’s Value/Priority Area under “Smart Planning, Development, and the Local Economy” which is to protect, maintain, and enhance our community character through thoughtful planning and economic development policies.

ATTACHMENTS:

Attachment 1 – Resolution adopting Addendum to 2015 Final EIR Attachment 2 – Addendum to Final EIR
Attachment 3 – Final EIR (by link)
Attachment 4 – Ordinance Adopting Various Zoning Text Amendments Attachment 5 - Exhibits A through Q to Ordinance Adopting Various Text Amendments Attachment 6 – REDLINE of Exhibits A through Q to Ordinance Adopting Various Text Amendments
Attachment 7 – Ordinance Rescinding Chapter 17.56, of Title 17, Zoning (by link) Attachment 7a – Negative Declaration for RHNA5 Housing Element-Dec 2014 Attachment 8 – Ordinance Adopting Zoning Map Amendments Attachment 9 – Resolution Adopting Amended Preferences for Selection of Tenants of Existing Unit Purchase Program
Attachment 10 – HCD Comment Letter dated October 3, 2022 Attachment 11 – Map of Sites for Rezoning
Attachment 12 – Planning Commission Resolutions P-17-22 through P-20-22

6.1 6.1 Staff Report

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6 6
RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY ADOPTING AN ADDENDUM TO THE 2015 FINAL ENVIRONMENTAL IMPACT REPORT

PREPARED FOR THE FOSTER CITY GENERAL PLAN UPDATE AND CLIMATE ACTION PLAN (SCH #2012072003)

CITY OF FOSTER CITY
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, the staff reports dated November 15, 2022, December 1, 2022, AND January 9, 2023 incorporated herein by reference, explain 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, 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) was prepared 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 2015 EIR 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

6.1 Attachment 1 - Resolution adopting Addendum to 2015 Final EIR

62 1
6 6
number of units currently projected at Beach Cove and Shadow Cove is the same as was considered in the FEIR.
•Zoning Text 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 Text 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 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. •Zoning 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, the Planning Commission considered the proposed Addendum at a noticed Planning Commission public hearing on December 1, 2022; and WHEREAS, the Planning Commission of the City of Foster City carefully reviewed and considered the staff report and all attachments 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 recommended that the City Council adopt the Addendum

6.1 Attachment 1 - Resolution adopting Addendum to 2015 Final EIR

63 1
6 6
and recommended changes to Title 17 “Zoning” of the Municipal Code by adoption of Planning Commission Resolution No. P-17-22; and
WHEREAS, a Notice of Public Hearing was duly posted, published, and mailed for consideration at the Special City Council meeting of January 9, 2023, 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 December 28, 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 City Council of the City of Foster City carefully reviewed and considered the staff report and all attachments thereto presented as part of the agenda for the public hearing including the Addendum and 2015 EIR regarding the proposed ordinance to amend Title 17 “Zoning” of the Foster City Municipal Code and the Foster City Zoning Map to zone the above referenced properties as noted above, 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 City Council of the City of Foster City does hereby adopt the 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), attached hereto.

6.1 Attachment 1 - Resolution adopting Addendum to 2015 Final EIR

64 1
6 6
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the special meeting held on the 9th day of January, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.1 Attachment 1 - Resolution adopting Addendum to 2015 Final EIR

65 Memorandum
DATE November 23, 2022
TO
Marlene Subhashini, Community
Development Director FROM
Leslie Carmichael, Principal
Planner
RE: CEQA Compliance for Proposed Zoning

A. EXECUTIVE SUMMARY
This memorandum, prepared pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15164, is an Addendum to the certified 2015 Final Environmental Impact Report (2015 EIR) for the Foster City General Plan Update and Climate Action Pla n (State Clearinghouse #2012072003). This Addendum evaluates the changes in the proposed project since certification of the 2015 EIR to include the proposed zoning amendments (discussed in more detail below) . These actions are proposed to address some aspects of the City’s zoning regulations that are out of compliance with the adopted General Plan considered as part of the Foster City General Plan Update.

As discussed in this Addendum, the proposed technical changes or additions are necessary and would not result in significant environmental effects beyond those identified in the 2015 EIR.

This Addendum to the 2015 Final Environmental Impact Report (FEIR) for the Foster City General Plan Update and Climate Action Plan was prepared pursuant to Section 15164 of the State CEQA Guidelines which states that the lead agency shall prepare an addendum to a previously certified FEIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a supplement to the FEIR have occurred. The addendum need not be circulated for public review but can be included in or atta ched to the FEIR and considered by the decision-making body prior to making a decision on the project.

The proposed project includes:
• Zoning Map Amendment of four housing sites in the existing Housing Element for 2015-2023 from R-3 to R-4;
• Zoning Text Amendment to create the By -Right Housing Overlay Combining District in accordance with State law and a Zoning Map Amendment of two housing sites in the existing Housing Element for 2015 -2023 from R -4 to R -4 with the By -Right Housing Overlay in accordance with State Housing Law;

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November 23, 2022

Page 2 ends

• Zoning Text Amendment of R -3 and R -4 zoning districts to reflect minimum and maximum densities allowed by the General Plan;
• Zoning Text Amendment of C -2 zoning district to modify conditionally permitted uses to allow R -3 and R -4 reside ntial uses and add minimum and maximum densities reflecting already allowed densities;
• Zoning Text Amendment to the PD Planned Development Combining District to allow general development plans for housing developments to be approved by resolution instead or ordinance;
This Addendum was prepared rather than a Supplement to the FEIR because none of the conditions specified in Section 15162 of the State CEQA Guidelines have occurred, specifically:
1) Substantial changes are not proposed in the project which wi ll require major revisions of the previous FEIR; the changes in the project do not involve new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 2) Substantial changes have not occurr ed with respect to the circumstances under which the project is undertaken and therefore the changes do not require major revisions of the previous FEIR; there are no new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3) There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous FEIR was certified as complete; the new information shows the following:
a. The project will not have one or more significant effects not discussed in the previous FEIR; or
b. Significant effects previously examined will not be substantially more severe than shown in the previous FEIR; or
c. Mitigation measures or alternatives previously found not to be feasible would in fact still be not feasible; or
d. There are no new mitigation measures or alternatives which are considerably different from those analyzed in the previous FEIR that would substantially red uce one or more significant effects on the environment.

This Addendum is to be used with the FEIR for the Foster City General Plan Update and Climate Action Plan (SCH# 2012072003).

B. PRIOR PROJECT APPROVALS AND ENVIRONMENTAL REVIEW
On February 1, 2016, the City Council certified the FEIR for the Foster City General Plan Update and Climate Action Plan and adopted a Mitigation Monitoring and Reporting Program (MMRP) by adoption of Resolution No. 2016 -12 and adopted a Statement of Overriding Considerations by adoption of Resolution 2016-13.

The FEIR prepared for the General Plan Update and Climate Action Plan in accordance with CEQA concluded that, with the exception of potential risks associated with sea level rise and construction

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Page 3 ends

noise, all other potential impacts could be mitigated to a less than significant level with the implementation of the FEIR’s mitigation measures included in the MMRP.

The General Plan Update and Climate Action Plan project evaluated in the F EIR included the development assumptions in the updated Land Use and Circulation Element as well as the Foster City Housing Element that had been previously adopted on February 2, 2015. The specific additional development is listed in Table 3.0-1 on of the FEIR (Attachment 1).

PROJECT CHANGES
The proposed changes in zoning are listed in Table 1, below.

Table 1: Summary of Zoning, General Plan, and Policy Updates by Housing Element Policy

Item
Housing Element Program Foster City Municipal
Code Section Updated
Description
Number Program Code
Section
Code Section
Title
1 H-D-1-b
(1)
Rezone R-3
RHNA 5 sites
R-4
X X
Zoning Map Amendment to change
the zoning from R-3 Medium
Density Multiple-Family Residential
and R-3/PD Medium Density
Multiple-family Residential/Planned
Development Combining District to
R-4/PD High Density Multiple-
Family Residential/Planned
Development Combining District for
the following apartment
developments: Harbor Cove,
Franciscan, Sand Cove, and The
Lagoons, retaining the Affordable
Housing Overlay (AHO) where
previously applied. Combined with
the zoning text amendment in Item
4, this will bring the zoning into
conformance with the General Plan
designation of Apartment
Residential including a minimum of
20 units/acre and maximum of 35
units/acre. Currently the zoning for
R-3 allows 19.89 units/acre and R-4
allows 34.99 units/acre.

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Item
Housing Element Program Foster City Municipal
Code Section Updated
Description
Number Program Code
Section
Code Section
Title
2 H-D-1-b
(2)
Rezone R-4
RHNA 5 sites
to allow by-
right
development
for projects
with 20% or
more lower-
income units

17.94 By Right
Housing
Overlay
- Add new Chapter 17.94 By Right
Housing Overlay Combining
District
- Zoning Map Amendment to apply
the By Right Housing Overlay
Combining District to the
following apartment
developments: Beach Cove &
Shadow Cove, retaining the
existing R-4/PD/AHO zoning on
both sites.
3 H-D-1-b
(3)
Amend R-3
and R-4 for
consistency
with General
Plan
minimum and
maximum
densities

17.18 17.20
R-3
R-4
- Add Maximum Lot Area/Dwelling
Unit column to Area, bulk, yard, &
height regulations table to
establish minimum densities of 15
units/acre for Condominium
Residential and 20 units/acre for
Apartment Residential
- In R-3, modify Minimum Lot Area
to conform with General Plan
maximum density of 35 units/acre
- In R-4, modify Minimum Lot Area
to conform with General Plan
maximum density of 35
units/acre. This will bring the
zoning into conformance with the
General Plan designation of
Apartment Residential including a
range of 20-35 units/acre and
Condominium Residential
including a range of 15-35
units/acre. Currently R-3 allows

19.89 units/acre and R-4 allows

34.99 units/acre.
4 H-D-1-b
(4)
Rezone
commercial
housing
opportunity
site to allow
mixed use

17.26 C-2 General
Business
District
- Modify conditionally permitted
uses to allow R-3 and R-4
residential uses in C-2 General
Business District (including 1010
Metro Center)

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Item
Housing Element Program Foster City Municipal
Code Section Updated
Description
Number Program Code
Section
Code Section
Title
(affects 1010
Metro Center)
- Add minimum and maximum lot
area per dwelling unit standards
to allow densities of 15-60 units
per acre (reflecting previously
allowed densities)
5 H-D-6-b
Minimize
Zoning
Constraints

17.36 PD Planned
Development
Adjust the process for housing
developments to have a General
Development Plan approved by
Resolution instead of Ordinance

C. ANALYSIS
Urban Planning Partners reviewed the proposed project components as listed in Table 1 and found that there: (1) are no substantial project chang es, (2) are no substantial changes in the project circumstances, and (3) is no new information of substantial importance, which could not have been known with the exercise of reasonable diligence when the F EIR was certified, that would require revisions of the certified F EIR because of a new significant effect or an increase in the severity of a previously identified significant effect. Under CEQA section 21166 and CEQA Guidelines sections 15162 and 15163, no further environmental review is required.

Additional discussion for each of the components of the project is provided below. • Zoning Map Amendment of four housing sites in the existing Housing Element for 2015-2023 from R-3 to R-4
o Comparing the numbers of additional housing units anticipated in the F EIR for the subject properties as indicated in Table 3. 0-1: Foster City General Plan – Potential Development, 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.
• Zoning Text Amendment to create the By -Right Housing Overlay Combining District in accordance with State law

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o 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
o The 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 as listed on Table 3.0-1 referenced above. • Zoning Text Amendment of R -3 and R -4 zoning districts to reflect minimum and maximum densities allowed by the General Plan
o 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 contemplate d 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 Text Amendment of the C -2 General Business District to modify conditionally permitted uses to allow R -3 and R -4 resid ential 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)
o 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 L and Use Plan designation 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. • Zoning Text Amendment to the PD P lanned Development Combining District to a djust the process for housing developments to have a General Development Plan approved by Resolution instead of Ordinance
o 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 De velopment 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.

D. CONCLUSION
Having considered the analysis set forth in this Addendum, the conclusions reached in the 2015 FEIR remain relevant and valid. Based on the record, there is no substantial evidence to support a

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Page 7 ends

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.

In addition, there is no new information of substantial importance showing that the Project would have on e or more significant effects not previously discussed or that any previously examined significant effects would be substantially more severe than the significant effects identified in the previous FEIR. Nor is there new information of substantial importan ce showing (i) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the Project, but the Project proponents decline to adopt the mitigation measure or alternative or (ii) that mitigation measures or alternatives considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects, but the proponents decline to adopt the mitigation measure or alternative.

Thus, neither a subsequent or supplemental environmental document is not required. The proposed Project would remain subject to all applicable previously required mitigation measures from the FEIR.

Attachment 1: Table 3.0-1 from FEIR

6.1 Attachment 2 - Addendum to Final EIR

72 ENVIRONMENTAL

ANALYSI S

3.0 Draft
EIR
–
Foster
City
General
Plan
Update
and
Climate
Action
Plan

3.0-‐3

evaluate
regional
or
area -‐wide
conditions
contributing
to
the
cumulative
effect.

For
this
Draft
EIR,

a
combination
of
both
the
plan
approach
and
the
list
approach
been
used
to
analyze
cumulative

impacts.

The
plan
approach
component
assumes
full
buildout
of
the
proposed
Foster
City
General

Plan
and
Land
Use
Map,
as
described
in
greater
detail
below.

The
list
approach
component

assumes
occupancy
of
vacant
buildings,
approved
b u t
n o t
y e t
c o n s t r u c t e d
d e v e l o p m e n t s ,
a n d

pending
developments.

GEOGRAPHIC
AREA
FOR

CUMULATIVE

ANALYSIS

Individual
cumulative
impacts
may
occur
over
different
geographic
areas.

The
cumulative

discussions
in
Sections

3.1 through

3.12 explain
the
geographi c
scope
of
the
area
affected
by
each

cumulative
effect
(e.g.
watershed
or
air
basin).

The
geographic
area
considered
for
each

cumulative
impact
depends
upon
the
impact
that
is
being
analyzed.

For
example,
in
assessing
air

quality
impacts,
all
development
w ithin
the
air
basin
contributes
to
regional
emissions
of
criteria

pollutants,
and
basin-‐ wide
projections
of
emissions
are
the
best
tool
for
determining
the

cumulative
effect.

For
most
resource
issues,
the
geographic
area

evaluated
in
this
EIR
includes

other
cities
in
San
Mateo
County
in
addition
to
Foster
City.

CUMULATIVE

BUILDOUT

DEVELOPMENT

ASSUMPTIONS

The
cumulative
buildout
scenario
for
the
proposed
project
includes
growth
anticipated
for
the
City

in
the
City’s
proposed
General
Plan
Land
Use
and
Circul ation
Element
Update
and
proposed
Land

Use
Map,
and
the
growth
that
would
be
added
with
the
occupancy
of
vacant
buildings,
approved

but
not
yet
constructed
developments,
and
pending
developments.

The
Foster
City
developments

that
are
already
approved,
the
s u b j e c t
o f
a n
a p p l i c a t i o n
a t
t h e
t i m e
t h i s
E I R
w a s
b e g u n ,
o r

anticipated
under
the
existing
General
Plan
are
shown
in
Table

3.0 -‐1.

The
proposed
General
Plan

Update
does
not
commit
the
City
to
approving
any
anticipated
or
pending
application.

The

locations
of
these
developments
are
shown
on
Figure

3.11 -‐6
(in
the
Transportation
and
Circulation

Chapter).

T
ABLE

3.0-‐1:

FOSTER
CITY

GENERAL
PLAN
–

POTENTIAL

DEVELOPMENT

Project

Number
Project
Name
Existing
Land
Uses 1
Proposed
Land
Uses

1 Pilgrim-‐Triton

Master
Plan2
75,200
s.f.
general
office

253,900
s.f.
office

32,000
s.f.
retail

386
apartment
units

20 townhouses

2 Chess
Hatch

Master
Plan
190,000
s.f.
office
park
800,000
s.f.
office

3 Gilead

Integrated

Master
Plan3

459,000
s.f.
office

550,000
s.f.
laboratory

1,524,000
s.f.
general
office

953,000
s.f.
laboratory

24,000
s.f.
warehouse

4 Foster
Square
-‐-‐

266
units
senior
housing

24 bed
assisted
living
facility

131
units
assisted/independent
living
senior

6.1 Attachment 2 - Addendum to Final EIR

73 3.0

ENVIRONMENTAL

ANALYSIS

3.0-‐4
Draft
EIR
–
Foster
City
General
Plan
Update
and
Climate
Action
Plan

Project

Number
Project
Name
Existing
Land
Uses 1
Proposed
Land
Uses

housing

5 Chess
Hotel
-‐-‐
121
room
hotel

6 Marina
-‐-‐
300
berths

7 Charter
Square
55,000
s.f.
retail
10,000
s.f.
retail

95 townhouses

8 Harbor
Cove

Renovation
-‐-‐
Adding
80 apartments

9 Harry’s
Hofbrau

Site
8,840
s.f.
retail
12,500
s.f.
retail

10 Edgewater
Place
123,300
s.f.
retail
57,700
s.f.
retail

154
condominiums

11 Beach
Cove

Apartments
-‐-‐
Adding
239
apartments

12 Franciscan

Apartments
-‐-‐
Adding
104
apartments

13 Sand
Cove

Apartments
-‐-‐
Adding
300
apartments

14 Shadow
Cove

Apartments
-‐-‐
Adding
113
apartments

15 Lincoln
Centre

Campus

Redevelopment

-‐-‐

388,500
s.f.
general
office

166,500
s.f.
laboratory

40,000
s.f.
amenities

Notes:
s.f.
=
square
feet

1. Existing
trip
credit
is
applied
for
land
uses
that
are
currently
occupied
and
would
be
replaced
by
the

proposed
land
uses
in
the
future.

These
land
uses
are
currently
generating
traffic
at
the
study
locations

and
this
traffic
would
be
removed
by
the
Proposed
Land
Uses.

At
locations
8 and
11-‐14,
the
additional

apartments
would
not
replace
any
existing
land
uses,
therefore
this
column
is
blank
at
these
sites.

2. Includes
under-‐construction
development
at
Triton
Pointe
(Parcel
H)
and
Waverly
(Parcel
A)
and
the

approved
but
not
yet
constructed
development
proposed
at
Pilgrim -‐Triton
Phase
C,
Triton
Pointe
(Parcel

I),
Triton
Point
(Parcel
I)
and
the
remainder
of
Waverly .

3. Land
uses
that
were
currently
under -‐construction
buildings
(such
as
New
Buildings
355
and
309)
or
not

fully
occupied
at
the
time
of
the
NOP
were
not
counted
in
the
Existing
Land
Uses
column.

4. This
development
is
located
in
the
City
of
San
Mateo.

Source:

Fehr
&
Peers,
February
2015

In
addition
to
the
build
out
of
the
Foster
City
General
Plan,
there
is
one
approved
project
located

in
the
City
of
San
Mateo
that
would
add
traffic
to
study
roadways
under
Cumulative
Plus
Project

Conditions,
and
as
such,
is
included
in
the
list
of
cumulative
development
assumptions.

This

project
is
shown
in
Table

3.0 -‐2
and
on
Figure

3.11-‐ 6.

6.1 Attachment 2 - Addendum to Final EIR

74 Attachment 3.

Final Environmental Impact Report for the City of Foster City General Plan Update and Climate Action Plan, September 2015

6.1 Attachment 3 - Final EIR (by link)

75 ORDINANCE NO. __________

AN ORDINANCE OF THE CITY OF FOSTER CITY 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 MAKINGVARIOUS 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 SHELTERS”, 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 CERTAIN AMENDMENTS SUBJECT TO AN ADDENDUM TO THE 2015 FINAL ENVIRONMENTAL IMPACT

REPORT (FEIR) PREPARED FOR THE FOSTER CITY GENERAL PLAN UPDATE AND CLIMATE ACTION PLAN (SCH #2012072003) OR EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT – RZ2022-0003

6.1 Attachment 4 - Ordinance Adopting Various Zoning Text Amendments

76 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 WHEREAS, a joint Planning Commission and City Council Study Session was held to review the proposed changes on November 15, 2022; 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 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 16, 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 carefully reviewed and considered the staff report and all attachments 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 recommended that the City Council adopt the Addendum and recommended changes to Title 17 “Zoning” of the Municipal Code by adoption of Planning Commission Resolution No. P-17-22; and
WHEREAS, a Notice of Public Hearing was duly posted, published, and mailed for consideration at the Special City Council meeting of January 9, 2023, 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 December 28, 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 Council adopted the proposed Addendum to the certified 2015 Final Environmental Impact Report (2015 EIR) for the Foster City General Plan Update

6.1 Attachment 4 - Ordinance Adopting Various Zoning Text Amendments

77 and Climate Action Plan (State Clearinghouse #2012072003) via Resolution No. ___ on January 9, 2023; and
WHEREAS, the City Council of the City of Foster City carefully reviewed and considered the staff report and all attachments 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 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”).

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FOSTER CITY DOES ORDAIN AS FOLLOWS:

Section 1. The City Council does hereby find and determine based upon the aforementioned Record as follows:

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, low-, 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 Consider 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.

4. The Addendum, adopted via Resolution No. ____, to the certified 2015 Final Environmental Impact Report (2015 EIR) for the Foster City General Plan Update and Climate Action Plan (State Clearinghouse #2012072003) was prepared 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:

6.1 Attachment 4 - Ordinance Adopting Various Zoning Text Amendments

78 •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 Text 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 Text 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 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.
•Zoning 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

6.1 Attachment 4 - Ordinance Adopting Various Zoning Text Amendments

79 5. Other components of the proposed amendments have been reviewed for compliance with the provisions of the California Environmental Quality Act (CEQA) and are found to be exempt from review as follows:
•Amend Chapter 17.78 Accessory Dwelling units to conform to state law requirements is exempt pursuant to CEQA Guidelines Section 15282(h); •Amend 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);
•Amend various provisions of Chapter 17, Zoning to conform to state law regarding manufactured homes, replacement units, employee housing, and 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.

Section 2. Amendment. Chapters 17.18, “R-3 Medium Density Multiple-Family Residence District”, Chapter 17.20 R-4, “High Density Multiple-Family Residence District”, Chapter 17.26, C-2, “General Business District”, 17.36 “P-D, Planned Development Combining District and 17.94, “By Right Housing Overlay Combing District” within Title 17, “Zoning” of the Foster City Municipal Code are hereby amended by repealing the existing Chapters 17.18, 17.20, 17.26, 17.36 and 17.94 in their entireties and replacing those Chapters to read as set forth in the attached Exhibits A through E, as listed below and attached hereto and incorporated herein by reference:
•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 Section 3. Amendment. Chapter 17.04 “Definitions” within Title 17, “Zoning” of the Foster City Municipal Code are hereby amended by repealing existing Section 17.04.350 “Mobilehome”, and 17.04.544 “Supportive Housing” in their entireties and replacing Section 17.04.544 “Supportive Housing” and replacing Section 17.04.544 “Supportive Housing” and adding Sections 17.04.204 “Employee Housing”, 17.04.342 “Manufactured Home”, and 17.04.350 “Navigation Center, Low Barrier” as set forth in the attached Exhibit F, as listed below and attached hereto and incorporated herein by reference:
•Exhibit F: Chapter 17.04 Definitions

6.1 Attachment 4 - Ordinance Adopting Various Zoning Text Amendments

80 Those definitions within Chapter 17.04 not specifically identified in Exhibit F shall remain unchanged.

Section 4. Amendment. Chapter 17.12 “R-1, Single-Family Residence District,” Chapter 17.14 R-2, “Two Family Residence District,” Chapter 17.16 “R-T Townhouse Residence District,” Chapter 17.22 “C-O, Commercial-Office District,” Chapter 17.24 “C- 1, Neighborhood Business District”, Chapter 17.28 “C-M, Commercial Mix District”, Chapter 17.32 “P-F Public Facilities District”, Chapter 17.55 “Replacement Units”, Chapter 17.70 “Non-conformity Uses”, Chapter 17.78 “Accessory Dwelling Units”, Chapter 17.82 “Emergency Shelters” within Title 17, “Zoning” of the Foster City Municipal Code are hereby amended by repealing the existing Chapters 17.12, 17.14, 17.16, 17.22,

17.24, 17.28, 17.32, 17.55, 17.70, 17.78 and 17.82 in their entireties and replacing those Chapters to read as set forth in the attached Exhibits G through Q, as listed below and attached hereto and incorporated herein by reference:
•Exhibit G: Chapter 17.12 R-1, Single-Family Residence District •Exhibit H: Chapter 17.14 R-2, Two-Family Residence District •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
Section 5. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council does hereby declare that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Section 6. Taking Effect. This Ordinance shall take effect and be in force thirty (30) days from and after its adoption.

Section 7. Posting. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall have it posted in three (3) public places designated by the City Council.

The passed and adopted clause should be indented 5 spaces and always be on the same page as the vote and signatures of both the Mayor and City Clerk, as follows:

6.1 Attachment 4 - Ordinance Adopting Various Zoning Text Amendments

81 This Ordinance was introduced and read on the 9 th day of January, 2023, and passed and adopted on the …………… day of ……………….., 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.1 Attachment 4 - Ordinance Adopting Various Zoning Text Amendments

82 EXHIBIT A
Chapter 17.18
R-3 MEDIUM DENSITY MULTIPLE-FAMILY RESIDENCE DISTRICT
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.

17.18.010 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.

The following uses shall be permitted only when authorized by a conditional use permit issued in accordance with Chapter 17.72:

6.1 Attachment 5 - Exhibits A through Q to Ordinance Adopting Various Text Amendments

83 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 Yards
Required
Maximum
Height
Permitted
Maximum
Coverage
Permitted
Minimum
Open
Green
Area
Required
Average
Width
(ft.)
Minimum
Area
(sq. ft.)
Minimum
Lot Area
Per
Dwelling
Unit
(sq. ft.)
Maximum
Lot Area Per
Dwelling
Unit (sq. ft.)
Front
(ft.)
Side
(ft.)
Rear
(ft.) Stories Ft. (%) (%)
200 20,000 1,244 2,178/2,9041 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)

6.1 Attachment 5 - Exhibits A through Q to Ordinance Adopting Various Text Amendments

84 EXHIBIT B
Chapter 17.20
R-4 HIGH DENSITY MULTIPLE-FAMILY RESIDENCE DISTRICT
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.

17.20.010 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)

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

6.1 Attachment 5 - Exhibits A through Q to Ordinance Adopting Various Text Amendments

85 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 1,244 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)

6.1 Attachment 5 - Exhibits A through Q to Ordinance Adopting Various Text Amendments

86 EXHIBIT C
Chapter 17.26
C-2 GENERAL BUSINESS DISTRICT
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 restaurant and meeting rooms), and other general commercial uses serving the needs of the

6.1 Attachment 5 - Exhibits A through Q to Ordinance Adopting Various Text Amendments

87 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. 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.

6.1 Attachment 5 - Exhibits A through Q to Ordinance Adopting Various Text Amendments

88 The following area, bulk, yard and height regulations shall apply in the C-2 district:

Minimum Building
Site
Minimum Yards
Required
Maximum Height
Permitted
Average
Width
(ft.)
Minimum
Area
(sq. ft.)
Minimum Lot
Area Per
Dwelling Unit
(sq. ft.)
Maximum
Lot Area
Per
Dwelling
Unit (sq. ft.)
Front
(ft.)
Side
(ft.)
Rear
(ft.)
Stories Ft.

Maximum
Coverage
Permitted
(%)
Minimum
Open
Green
Area
Required
(%)
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)

6.1 Attachment 5 - Exhibits A through Q to Ordinance Adopting Various Text Amendments

89 EXHIBIT D
Chapter 17.36

PD PLANNED DEVELOPMENT COMBINING DISTRICT
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)

17.36.020 Establishment.

6.1 Attachment 5 - Exhibits A through Q to Ordinance Adopting Various Text Amendments

90 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. 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.

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:

6.1 Attachment 5 - Exhibits A through Q to Ordinance Adopting Various Text Amendments

91 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 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 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

6.1 Attachment 5 - Exhibits A through Q to Ordinance Adopting Various Text Amendments

92 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)

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:

6.1 Attachment 5 - Exhibits A through Q to Ordinance Adopting Various Text Amendments

93 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,
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,

6.1 Attachment 5 - Exhibits A through Q to Ordinance Adopting Various Text Amendments

94 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,
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

6.1 Attachment 5 - Exhibits A through Q to Ordinance Adopting Various Text Amendments

95 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 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).

6.1 Attachment 5 - Exhibits A through Q to Ordinance Adopting Various Text Amendments

96 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.

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.

6.1 Attachment 5 - Exhibits A through Q to Ordinance Adopting Various Text Amendments

97 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)

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);

6.1 Attachment 5 - Exhibits A through Q to Ordinance Adopting Various Text Amendments

98 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;

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.

6.1 Attachment 5 - Exhibits A through Q to Ordinance Adopting Various Text Amendments

99 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 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.

6.1 Attachment 5 - Exhibits A through Q to Ordinance Adopting Various Text Amendments

100

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)

6.1 Attachment 5 - Exhibits A through Q to Ordinance Adopting Various Text Amendments

101

EXHIBIT E
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, 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;

6.1 Attachment 5 - Exhibits A through Q to Ordinance Adopting Various Text Amendments

102

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..

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.

6.1 Attachment 5 - Exhibits A through Q to Ordinance Adopting Various Text Amendments

103

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.

6.1 Attachment 5 - Exhibits A through Q to Ordinance Adopting Various Text Amendments

104

EXHIBIT F
Amendments to Chapter 17.04 DEFINITIONS

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 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.

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)of the California Government Code, and that is linked to on- or off-site services that assist the supportive housing residents in retaining the

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105

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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106

EXHIBIT G
Chapter 17.12
R-1 SINGLE-FAMILY RESIDENCE DISTRICT
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.

17.12.010 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. One-family residences.
a. In any single residence, 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.).
ii. Location. As required by Government Code § 65852.3, manufactured homes for permanent occupancy are considered the same as single-

6.1 Attachment 5 - Exhibits A through Q to Ordinance Adopting Various Text Amendments

107

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.

B. Employee housing. Employee housing for 1-6 employees shall be considered the same as single family residences.

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;

6. Hobby shops, provided that no noisy or otherwise objectionable machinery or equipment is used and provided that no sales are made therefrom;

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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
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

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(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)

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EXHIBIT H
Chapter 17.14
R-2 TWO-FAMILY RESIDENCE DISTRICT
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.

17.14.010 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:

6.1 Attachment 5 - Exhibits A through Q to Ordinance Adopting Various Text Amendments

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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)

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EXHIBIT I
Chapter 17.16

R-T TOWNHOUSE RESIDENCE DISTRICT
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.

17.16.010 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.

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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.

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Parking shall be provided in accordance with Chapter 17.62. (Ord. 38 § 1 (part), 1972: prior code § 10-404.035)

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EXHIBIT J
Chapter 17.22

C-O COMMERCIAL OFFICE DISTRICT
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.

17.22.010 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;
B. Restaurants and on-premises sale of alcoholic beverages where food is served;

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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)

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EXHIBIT K
Chapter 17.24
C-1 NEIGHBORHOOD BUSINESS DISTRICT
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.

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.

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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; 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;

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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
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

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120

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)

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EXHIBIT L
Chapter 17.28

C-M COMMERCIAL MIX DISTRICT
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.

17.28.010 Regulations generally.

The specific regulations set forth in this chapter shall apply in all C-M districts.

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.

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.

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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)

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EXHIBIT M
Chapter 17.32

PUBLIC FACILITIES DISTRICT
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;
D. Church, convent, monastery, parsonage or nunnery;

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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)

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EXHIBIT N
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.
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:

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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 may grant an extension to this right to remain for a period of time not to exceed an additional thirty days.

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- or low--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

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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- or low -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 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.

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EXHIBIT O
Chapter 17.70

NONCONFORMITY USES
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

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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, 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, 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.

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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:

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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)

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EXHIBIT P
Chapter 17.78

ACCESSORY DWELLING UNITS
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. (Ord. 633 § 3 (part), 2020: Ord. 611 § 3 (part), 2017: Ord. 511 § 2, Exh. A (part), 2004: Ord. 279 § 1 (part), 1984)

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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 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.

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D. “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.

E. “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.

G. “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; 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.

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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:

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.

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4. Height.
a. An attached ADU shall not exceed twenty-five feet in height, or the height requirement for the primary dwelling, whichever is lower. ADUs shall not exceed two stories in height.

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 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:

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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.

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, 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)

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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. 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.

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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 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.

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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, 2030; 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.

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.

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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
Chapter 17.82

EMERGENCY SHELTERS, LOW-BARRIER NAVIGATION CENTERS, AND SUPPORTIVE

HOUSING
Sections:

17.82.010 Findings.

17.82.020 Purpose.

17.82.030 Permit Required.

17.82.040 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. 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 of state law, specifically Article 12 of Chapter 3 of Division 1 of Planning and Zoning Law commencing with California Government Code Section 65660.

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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. 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,

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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

17.82.040 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:

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.

2. Maximum Number of Persons/Beds. An emergency shelter shall contain a maximum of twenty beds and shall serve no more than twenty homeless persons.

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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.

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.

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.

6. Proximity to Other Shelters. No emergency shelter shall be located within three hundred feet of another emergency shelter.

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.

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

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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.

9. Nondiscretionary Design Standards. In addition to nondiscretionary design standards required for other housing in the zone, emergency shelters shall meet the following requirements:
a. Shelters shall have a designated outdoor smoking area not visible from the street.
b. There shall be no space for outdoor congregating in front of the building and no outdoor public telephones.
c. There shall be a refuse area screened from view.
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 sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

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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.

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

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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.

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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.

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.

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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)

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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:

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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)

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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.

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:

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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.

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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)

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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.

17.36.010 Purpose.

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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.

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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.

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

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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;

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;

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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.

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;

4. A detailed tabulation of the densities of persons and dwelling units;

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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.

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

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parking required by Section 17.62.060. The parking demand study shall be prepared by a licensed transportation professional.

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;

17.36.070 General development criteria.

All planned developments under this chapter shall conform to the following general development criteria:

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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.

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.

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17.36.080 Design guidelines/standards.

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);

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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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.

17.36.110 Development schedule.

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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.

17.36.140 Application and fees.

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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:

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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.

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.

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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17.94.050 Process.

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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.

17.04.350 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))

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;

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:

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)

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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:

17.14.040 Area, bulk, yard and height regulations.

The following area, bulk, yard and height regulations shall apply in the R-2 districts:

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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)

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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:

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.

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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:

17.16.040 Development regulations.

17.16.050 Parking.

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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)

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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:

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;

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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:

17.22.040 Area, bulk, yard and height regulations.

The following area, bulk and height regulations shall apply in the C-O districts:

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)

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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.

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.

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17.24.020 Permitted uses.

The following uses shall be permitted and/or limited in the C-1 districts:

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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:

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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)

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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.

17.28.020 Combining zone required.

17.28.030 Permitted uses.

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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)

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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.

17.32.020 Permitted uses.

The following uses shall be permitted in the P-F districts:

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;

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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:

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.

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)

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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.

17.56.020 Requirements for Replacement Units.

B. Development projects shall meet the following standards, subject to the approval of the Community Development Director:

1. Applicability.

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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.

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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- or low-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- or low-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.

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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.

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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.

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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.

17.70.030 Continuation.

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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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.

17.70.080 Nonconforming building—Time for conformance—Generally.

17.70.090 Nonconforming building—Time for conformance—Designations.

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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.

Other sections of this chapter notwithstanding, the following regulations shall apply to fences, walls and hedges:

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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.

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.

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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.

17.78.040 Definitions.

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.

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.

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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.

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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.

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

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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:

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.

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:

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.

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.

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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.

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..

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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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.

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

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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.

17.82.030 Permit Required.

1. Supportive housing projects in all zones where multifamily and mixed uses are permitted.

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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. 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.

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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.

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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.

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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.

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.

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.

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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.

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ORDINANCE NO. ___
AN ORDINANCE OF THE CITY OF FOSTER CITY RESCINDING CHAPTER 17.56 FLOOR AREA STANDARDS OF TITLE 17, “ZONING” OF THE FOSTER CITY MUNICIPAL CODE TO IMPLEMENT HOUSING POLICY H-D-9 AND PROGRAM H-D- 9-d IDENTIFIED IN THE 2015-2023 HOUSING ELEMENT FINDING THE AMENDMENT WITHIN THE SCOPE OF THE NEGATIVE DECLARATION ADOPTED FOR THE 2015- 2023 HOUSING ELEMENT – RZ2022-0003

CITY OF FOSTER CITY
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, the staff reports dated November 15, 2022 and December 1, 2022, incorporated herein by reference, explain 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 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, 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
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

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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 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 16, 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 carefully reviewed and considered the staff report and all attachments 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 recommended that the City Council adopt the recommended changes to Title 17 “Zoning” of the Municipal Code by adoption of Planning Commission Resolution No. P-18-22; and
WHEREAS, a Notice of Public Hearing was duly posted, published, and mailed for consideration at the Special City Council meeting of January 9, 2023, 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 December 28, 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 City Council of the City of Foster City carefully reviewed and considered the staff report and all attachment thereto presented as part of the agenda for

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the public hearing regarding the proposed ordinance to amend Title 17 “Zoning” of the Foster City Municipal Code, 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”).

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FOSTER CITY DOES ORDAIN AS FOLLOWS:

Section 1. The City Council does hereby find and determine based upon the aforementioned Record as follows:

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

Section 2. Amendment. The City Council does hereby rescind Chapter 17.56, Floor Area Standards, of Title 17, “Zoning” of the Foster City Municipal Code in its entirety, to implement the RHNA 5 Housing Element for the 2015-2023 Planning Period and find the amendment is within the scope of the Negative Declaration prepared for the 2015-2023 Housing Element pursuant to the California Environmental Quality Act.

Section 3. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council does hereby declare that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Section 4. Taking Effect. This Ordinance shall take effect and be in force thirty (30) days from and after its adoption.

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Section 5. Posting. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall have it posted in three (3) public places designated by the City Council.

This Ordinance was introduced and read on the 9 th day of January, 2023, and passed and adopted on the …………… day of ……………….., 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

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Attachment 7a.

Draft Negative Declaration for the Foster City
Housing Element 2015-2023, December 16,
2014

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ORDINANCE NO. ___

AN ORDINANCE OF THE CITY OF FOSTER CITY ADOPTING 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

AND FINDING THE AMENDMENTS WITHIN THE SCOPE OF THE ADDENDUM TO THE 2015 FEIR – RZ2022-0002

CITY OF FOSTER CITY
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, the staff reports dated November 15, 2022, December 1, 2022, and January 9, 2023 incorporated herein by reference, explain 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 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, 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 elderly, 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

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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, the Planning Commission considered the proposed Zoning Map Amendments at a noticed Planning Commission public hearing on December 1, 2022 and adopted Resolution P-17-22 recommending 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 and also adopted Resolution P-19-22 recommending that the City Council adopt an ordinance making various zoning map amendments to implement housing sites identified in the Sites Inventory in the Regional Housing Needs Allocation (RHNA), 5th Cycle; and WHEREAS, a Notice of Public Hearing was duly posted, published, and mailed for consideration at the Special City Council meeting of January 9, 2023, 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 December 28, 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 Council adopted the proposed 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) via Resolution No. XXX___ on January 9, 2023; and
WHEREAS, the City Council of the City of Foster City 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, 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”).

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FOSTER CITY DOES ORDAIN AS FOLLOWS:

Section 1. The City Council does hereby find and determine based upon the aforementioned Record as follows:

1. The foregoing Recitals are true and correct and are incorporated herein by this reference; and

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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 Zoning Map Amendments 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 and Program H-D-2-a Tier 1 Housing Opportunity Sites, which specifically calls for additional housing at the subject sites.

4. The Addendum adopted via Resolution No. ____ to the certified 2015 Final Environmental Impact Report (2015 EIR) for the Foster City General Plan Update and Climate Action Plan (State Clearinghouse #2012072003) was prepared 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 housing units 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
•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; and

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Section 2. Amendment. The City Council does hereby adopt the following Zoning Map Amendments as presented in the attached Exhibits A pages 1 through 6, attached hereto and incorporated herein by reference, for the six sites as listed below.

1. Harbor Cove Apartments, 900 Hillsdale Boulevard, APNs 094-470-420; to change the zoning designation from R-3 Medium Density, Multiple-Family Residence District, to R-4/PD, High Density, Multiple-Family Residence/Planned Development Combining District; and

2. Franciscan Apartments, 888 Foster City Boulevard, APN 094-091-020; to change the zoning designation from R-3/AHO Medium Density, Multiple-Family Residence District/Affordable Housing Overlay Combining District, to R-4/PD/AHO, High Density, Multiple-Family Residence District/Planned Development/Affordable Housing Overlay Combining District; and

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 Apartments, 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 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

5. Beach Cove 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 Cove 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.

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sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Section 4. Taking Effect. This Ordinance shall take effect and be in force thirty (30) days from and after its adoption.

Section 5. Posting. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall have it posted in three (3) public places designated by the City Council.

This Ordinance was introduced and read on the 9th day of January, 2023, and passed and adopted on the …………… day of ……………….., 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

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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

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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 Overlay 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 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 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.

A RESOLUTION OF THE CITY OF FOSTER CITY ADOPTING AMENDED PREFERENCES

FOR SELECTION OF TENANTS OF EXISTING UNIT PURCHASE PROGRAM

AFFORDABLE HOUSING UNITS AND FINDING THE AMENDMENT EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

CITY OF FOSTER CITY
WHEREAS, the 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
WHEREAS, the City owns six units that are included in the Existing Unit Purchase Program that are currently rented to lower income households; and WHEREAS, 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
WHEREAS, 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 WHEREAS, 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 WHEREAS, the Planning Commission considered the proposed amendment of the tenant preferences for the Existing Unit Purchase Program on December 1, 2022 and adopted Resolution P-20-22 recommending approval of the proposed amendment and finding that the amendment is exempt from the California Environmental Quality Act; and WHEREAS, the City Council considered the proposed amendment of the tenant preferences and the finding that the amendment is exempt from the California Environmental Quality Act at a Special Meeting on January 9, 2023.

NOW, THEREFORE BE IT RESOLVED that the City of Foster City hereby amends 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:

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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.

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

6.1 Attachment 9 - Resolution Adopting Amended Preferences for Selection of Tenants of Existing Unit Purchase Program

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PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at a Special Meeting thereof held on January 9, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.1 Attachment 9 - Resolution Adopting Amended Preferences for Selection of Tenants of Existing Unit Purchase Program

239

STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, G overnor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
O
ctober 3, 2022
M
arlene Subhashini, Director
Community Development Department
City of Foster City
610 Foster City Blvd
Foster City, CA 94404
D
ear Marlene Subhashini:

R
E: City of Foster City’s 6th Cycle (2023-2031) Draft Housing Element T
hank you for submitting the City of Foster City’s (City) draft housing element received for review on July 5, 2022. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by a telephone conversation on September 20, 2022 with yourself, Thai-Chau Le, and consultants Leslie Carmichael and Arly Cassidy Dolbakian. In addition, HCD considered comments from G.H. Dabado, Housing Leadership Council, and YIMBY Law and Greenbelt Alliance pursuant to Government Code section 65585, subdivision (c).

T
he draft element addresses many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code).

The enclosed Appendix describes the revisions needed to comply with State Housing Element Law.

F
or your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of the statutory deadline (January 31, 2023), then any rezoning to accommodate the regional housing needs allocation, including for lower-income households, shall be completed no later than one year from the statutory deadline. Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i). Please be aware, if the City fails to adopt a compliant housing element within one year from the statutory deadline, the element cannot be found in substantial compliance until rezones to accommodate a shortfall of sites pursuant to Government Code section 65583, subdivision (c), (1) (A) and Government Code section 65583.2, subdivision (c) are completed.

Attachment 1

6.1 Attachment 10 - HCD Comment Letter dated October 3, 2022

240

Marlene Subhashini, Director

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Foster City City CouncilJanuary 9, 2023

Foster City City Council
January 9, 2023