Agenda packet — Foster City City Council, May 22, 2023 (part 2 of 2)

Appendix B, Section 5.3 - Discussed
geographic distribution of overcrowding –
Figure 63 shows no concentration of
overcrowded households.

Appendix B, Section 5.4, discussed
geographic distribution of substandard
housing, City and region.

Appendix A, Section 5.3 - discussed
geographic distribution of substandard
housing.

B-68 –
B-69
B-102 –
B-106
Needs,
Resources,
Constraints:

AFFH
While the element includes a map of local
risk of displacement (p. B-69), it only
briefly discusses displacement trends.

The element should provide analysis
and conclusions regarding
Appendix B – Section 5.6 - Expanded
discussion of displacement vulnerability,
including due to a variety of factors, including
disasters (earthquake, flood); compared city
and regional trends. Included comparison to
neighboring cities.

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displacement vulnerability (e.g., half of
the City is determined to be vulnerable).

The analysis should also discuss
displacement risk due to disaster,
including seismic activity and flooding.

Lastly, this section should be
accompanied by an analysis of
displacement patterns on a regional
basis, comparing trends within the City
to the region.

Described newly adopted Chapter 17.56
Replacement Units; strengthened Program H-
C-3-a Anti Displacement Plan for
Redevelopment of Existing Multifamily
Developments and retained H-C-3-b Anti-
Displacement Strategy.

B-72 –
B-73
B-108 –
B-113
Needs,
Resources,
Constraints:

AFFH
Identified Sites and Affirmatively
Furthering Fair Housing (AFFH): The
element mentions the City does not have
any segregation issues within the City but
is somewhat segregated as a whole on a
regional level and that the distribution of
sites will allow lower-income households
access to amenities and services.

However, the element should discuss the
location (e.g., neighborhoods, census
tracts, planning areas) of sites,
including the number of units by
income group and discuss the impact
of identified sites on existing patterns
of socio-economic characteristics. The
analysis should put special emphasis on
Appendix B, Section 6 - Expanded analysis &
description of sites including their geographic
distribution and impact on existing patterns;
sites do not isolate specific income groups
geographically and will further AFFH by
providing additional housing choices in the
southern part of the City.

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any isolation of the regional housing
need allocation (RHNA) by income
group and distribution of units by
income group throughout the
community.

B-76 –
B-77
B-114 –
B-117
Needs,
Resources,
Constraints:

AFFH
Contributing Factors to Fair Housing
Issues: The element identifies many
contributing factors to fair housing issues,
but it must prioritize these factors in
Table 2-3 to better formulate policies and
programs and carry out meaningful
actions to AFFH. Additionally, the element
should explain how Table 2-3 and Table
3-1 are related, because while both tie
to fair housing issues, contributing
factors are different.

Prioritized factors: low, medium, high;
Explained how Table 2-3 (Housing Needs
Action Plan) and Table 3-1 (Summary Matrix
of Fair Housing Issues and Actions) are
related but different. Also in Appendix B,
Section 7.

B-76 –
B-77
B-115 –
B-117
Needs,
Resources,
Constraints:

AFFH
Goals, Actions, Milestones and Metrics:

The element must be revised to add
goals and actions based on the
outcomes of a complete analysis.

Changes since the July 2022 draft include
added/modified policies/programs and
quantified objectives or metrics based on
revised analysis:

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Actions must have specific commitment,
milestones, geographic targeting and
metrics or numeric targets and must
address, as appropriate, housing
mobility enhancement, new housing
choices, and affordability in higher
opportunity areas, place-based
strategies for community preservation
and revitalization and displacement
protection.

H-C-2-d: Continue to Monitor Expiration of
Rental Affordability Covenants – added
specific actions, milestones and metrics.

H-C-3-a: Anti-Displacement Plan for
Redevelopment of Existing Multifamily
developments – changed it to apply to a single
unit instead of 25 or more units.

H-C-4-a: Rental Housing Assistance
Information – added proactive public outreach.

H-D-4-a through h – strengthened ADU
programs with many targets in 2023.

H-E-1-a: Existing Unit Purchase Program –
Opportunities for Supportive Housing –
referenced change in preferences to fill
vacancies that was adopted in January 2023 –
see Resolution No. 2023-3.

H-E-9: Variety of Housing Types – added new
policy to encourage a variety of housing types

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H-E-9-a: Family Friendly Housing – added a
new program to encourage family friendly
housing and explore regulatory incentives.

H-E-9-b: Small Housing Units – added a
program to amend zoning regulations to allow
housing targeted for extremely low-income
households, such as SROs and group homes.

H-F-1-d: Reasonable Accommodation –
review Chapter 17.84 for conformance with
State law and amend if necessary by
December 20223.

H-F-1-f: Support Services for Special Needs
Population – added “to develop a plan”
working with service providers.

H-F-1-i: Community Care Facilities – added to
review city’s regulations for conformance with
state law, including but not limited to spacing
requirements.

H-F-1-j: Public Investment in Accessibility –
added program to include accessibility

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improvements in City facilities through
implementation of the ADA Transition Plan.

H-F-2-d: Emergency Shelter Zoning – the City
will amend Chapter 17.82 as necessary to
comply with state law.

Referenced zoning amendments adopted in
January 2023 related to:

H-F-2-e: Low Barrier Navigation Centers - See
Exhibit Q of Ordinance 657
H-F-3-a: Transitional and Supportive Housing -
See Exhibit F (Definitions) of Ordinance 657
and other exhibits to allow as a permitted use
in R-1, R-2, R-3, R-3, C-2, and R-T.

H-F-3-b: Supportive Housing - See Exhibit F
(Definitions) of Ordinance 657 and other
exhibits to allow as a permitted use in R-1, R-
2, R-3, R-3, C-2, and R-T.

H-G-1: Reducing Commuting Burden – added
new policy

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H-G-2 Improved Access to Fair Housing
Implementation – strengthened metrics and
timeframes.

H-G-3-a: Commuter Shuttles – added new
program to work with commute.org and local
employers to facilitate commuter shuttles.

H-G-3-b: Expand Bus Service – added new
program to require developers to submit TDM
plans and to work with SamTrans and/or
commute.org to implement suggestions for
new bus stops and routes.

A-23 –
A-26
A-24 --
A-31
Pop and
employment
trends &
quantification
of needs

65583,
subd.
(a)(1)

Extremely Low-Income (ELI) Households:

The element reports some data on the
number of existing and projected ELI
households, but it must also include
analysis of their housing needs. The
analysis should evaluate tenure,
overpayment, resources, and
strategies available and the gap and
magnitude of housing needs to better
formulate policies and programs.

Appendix A, Section 4.5 - Added analysis of
ELI housing needs.

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A-38 –
A-42
A-27 --
A-31
A-44 --
A-51
Household
characteristic
s

65583,
subd.
(a)(2)

Overpayment: While the element identifies
the total number of households
overpaying for housing, it must quantify
and analyze the number of lower-
income households overpaying for
housing by tenure (i.e., renter and
owner) and add or modify policies and
programs as appropriate.

Appendix A, Section 4.5.2 and Appendix B,
Section 5.2 - Expanded analysis of
overpayment by lower-income households by
tenure; The Lantern Cove and Schooner Bay
sites in the tract with the higher concentration
of cost burdened renters will increase housing
affordability in this tract.

A-34 A-39 --
A-40
Housing
conditions
Housing Conditions: While the element
describes housing conditions of ownership
units, the element must also include an
analysis of rental units in need of
rehabilitation and replacement.

Appendix A, Section 5.3 - Used local
knowledge from Chief Building Official to
expand analysis of condition of rental units.

A-34 –
A-37
A-40 --
A-44
Housing
Costs
Housing Costs: While the element
includes estimated rents for residents, it
utilizes American Community Survey
(ACS) data. The element should
supplement census data with other
sources (e.g., local knowledge).

Appendix A, Section 5.4 - Added local source
data from Zillow for housing costs for renters.

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D-20 –
D-25
D-27 --
D-36
Sites
Inventory

65583,
subd.
(a)(3).)

Progress in Meeting the RHNA: The
element indicates (Table 13, D-34) that
pipeline and proposed projects have been
built or are under construction or
approved but provides no information
documenting how affordability of the
units was determined. The City’s RHNA
may be reduced by the number of new
units built since June 30, 2022; however,
the element must demonstrate their
affordability based on actual sales
price, rent level or other mechanisms
ensuring affordability (e.g., deed
restrictions). The element should also
discuss the status, any barriers to
development and other relevant factors
to demonstrate their affordability in the
planning period. For example, the
element should clarify whether the
Schooner Bay application has been
submitted to the City for review. The
element should clarify the status of this
project and where it is in the permit
process and anticipated timeline for
completion in the planning period.

Appendix D, page D-28 - Expanded
explanation of affordability determination and
status of pipeline applications.

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D-11 –
D-33
D-16 --
D-43
Sites
Inventory
Sites Inventory: The element lists parcels
based on various factors but must also
list the general plan designation and
existing uses. In addition, the element
must clarify whether the listed capacity
is total capacity or includes realistic
capacity assumptions. Lastly, the
element must clarify whether the sites
previously identified in the 5th cycle
were vacant or nonvacant and add or
modify programs as appropriate.

Added general plan designation and existing
uses to tables 4 – 7, 10,11,12; expanded
discussion of realistic capacity; clarified that all
sites are nonvacant.

D-11 –
D-33
D-17 –
D-45
Sites
Inventory
In addition, the element should consider
public commenters on this draft as part
of the sites inventory, including the
expressed interest of property owner
to develop residential uses in the
planning period.

Incorporated public comments on each site in
the Sites Inventory, including expressions of
interest by owners of sites.

Comments on sites that are not included in the
Sites Inventory is included in the section on
Additional Housing Potential.

D-10-D-
33 D-6 -- D-
45 Sites
Inventory
Realistic Capacity: While the element
provides assumptions for buildout on each
site, support must be provided for
assumptions. For example, the element
should demonstrate what specific
trends, factors, and other evidence led
to the assumptions. The estimate of the
Expanded discussion of realistic capacity
assumptions in general and site-specific.

Used examples of 1) recently constructed
developments in Foster City, 2) recent
applications (Lantern Cove, Schooner Bay)
and preliminary applications (Eaves ADUs and

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number of units for each site must be
adjusted as necessary, based on the land
use controls and site improvements,
typical densities of existing or approved
residential developments at a similar
affordability level in that jurisdiction, and
on the current or planned availability and
accessibility of sufficient water, sewer, and
dry utilities.

Harbor Cove ADUs) as well as 3) nearby
approved residential developments outside the
City to demonstrate realistic capacity.

Added discussion of availability of water,
sewer and dry utilities.

D-10-D-
33 D-6 -- D-
45 Sites
Inventory
Many of the sites are on parcels with
existing apartment developments. The
element must clarify whether the City
assumes the entire site for each
identified apartment complex will be
redeveloped, or which portions of the
site will be redeveloped (e.g., acreage
and location) and provide support.

Many of the sites assumes 100 percent of
base zoned density for the multifamily
units in the Beach Cove, Franciscan,
Harbor Cove, Sand Cove, Lagoons,
Eaves Apartments, and Shadow Cove
sites. The analysis must provide
substantial support and demonstrate a
significant history of developing at
maximum density within the City as
well as feasibility including land use
Appendix D - Expanded discussion of capacity
assumptions for all or portions of each site,
including feasibility; added to discussion of
recent development trends to demonstrate
history of developing at maximum density;
Added rezoning of Foster’s Landing from R-
3/PD to CM/PD and General Plan Amendment
to Civic Center Mixed Use, to be completed
concurrent with adoption of the Housing
Element Explained that the owner is working
on a plan to remove a few buildings in the
northwest corner of the site and replace them
with a larger podium-style building with units
above parking.

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control requirements such as parking
and open space.

In addition to clarifying realistic capacity
assumptions, the Foster’s Landing site
must also clarify whether the site will
need to be rezoned and whether
existing units will need to be
demolished to support the additional
units.

D-32 –
D-33
D-42 –
D-44
Sites
Inventory
The element must also clarify what the
allowed density is on the 1010 Metro
Center (OSH) site, whether rezoning is
needed, and the basis for the realistic
capacity assumptions.

Appendix D - Discussed General Plan
amendment to clarify densities allowed in
Town Center approved in December 2022.

Expanded discussion of realistic capacity.

Applied an adjustment of 50% in light of the
owner’s option to develop as commercial only
or mixed use. Explained that site will be
rezoned concurrent with adoption of the
Housing Element (Program H-D-1-b) to allow
the owner the option of commercial use only
or commercial-residential mixed use.

Reflected adjusted capacity in Site Inventory

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D-6 –
D-7
D-6 -- D-
8 Sites
Inventory
In Table 2 (p. D-7), all project examples
are in the CM and PD zones; the element
should describe examples of
development in residential zones to
support assumptions in the sites
inventory. In addition, the element must
clarify whether it is assumed that
projects will have to utilize the PD
process and therefore have additional
discretionary requirements.

Expanded discussion of why capacity can be
achieved under the R-3 or R-4 zoning and
how the PD zoning provides additional
flexibility.

D-6 –
D-7
D-6 -- D-
7 Sites
Inventory
In addition, the average density of
projects listed in Table 2 is above the
allowed density for the R-4 zone, the
element should clarify whether this
includes density bonus units.

Appendix D, Expanded discussion of densities
allowed in mixed use zones vs R-4 and the
use of density bonus solely for parking ratios.

D-29 –
D-34
D-38 --
D-44
Sites
Inventory
In addition, Table 11 (page D-32) and
Table 12 (page D-33) list the capacity of
sites as lower-income, however Table
13 on page D-34 has a different
breakdown of affordability for these
sites. The unit count and affordability
level should be adjusted to clarify the
discrepancy.

Appendix D - Discussed affordability
assumptions. Clarified that Eaves ADUs are
discussed separately from potential Eaves
redevelopment.

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D-10 –
D-11
D-6 -- D-
45 Sites
Inventory
Suitability of Nonvacant Sites: The
element must include an analysis
demonstrating the potential for
additional development on nonvacant
sites, including the extent existing
uses impede additional development
such as market demand for the
existing use and existing leases,
contracts or other conditions that
would perpetuate the existing use or
prevent additional residential
development.

In general and in the discussion of each site,
explained why non-vacant status is not an
impediment.

D-10 –
D-11
D-49 --
D-51
Sites
Inventory
While the element generally discusses the
interest of several property owners to be
included in the sites inventory, it should
also discuss the potential for
additional development in the planning
period. The discussion should address
any barriers to development in the
planning period and any expressed
interest in residential development in
the planning period. In addition, some of
the sites do not have expressed interest in
residential development (e.g., Franciscan,
Lagoons, Eaves) and generally states
recent trends support the assumption of
their potential for additional development
in the planning period. However, the
Appendix D- Added section on “Additional
Housing Potential” that describes sites that
were considered but not included in the Sites
Inventory, including interest by property
owners.

The discussion of the individual sites (pages
D-17 – D-41) D-was expanded to include
comments regarding owner interest and to
address why each can support additional
development.

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element should discuss the
characteristics and circumstances of
recent development and similarities to
identified sites. For example, the
analysis could address the redevelopment
of carport areas by relating these plans to
other projects developing in a similar
manner.

D-10 –
D-11
D-14 --
D-17
D-18 --
D-44
Sites
Inventory
In addition, if the housing element relies
upon nonvacant sites to accommodate
more than 50 percent of the RHNA for
lower-income households, the housing
element must demonstrate existing
uses are not an impediment to
additional residential development and
will likely discontinue in the planning
period. (Gov. Code, § 65583.2, subd.
(g)(2).) Absent findings (e.g., adoption
resolution) based on substantial evidence,
the existing uses will be presumed to
impede additional residential development
and will not be utilized toward
demonstrating adequate sites to
accommodate the RHNA.

Discussion was included in general and for
each site regarding why non-vacant status is
not an impediment.

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D-9- D-
10 D-16 --
D-41
Sites
Inventory
Large Sites: Sites larger than ten acres in
size are deemed inadequate to
accommodate housing for lower-income
households unless it is demonstrated
that sites of equivalent size and
affordability have been developed or
other evidence is provided to
demonstrate how the sites facilitate the
development of housing for lower-
income households. The element
contains several sites larger than ten
acres and as a result, the element should
either demonstrate their suitability to
facilitate development affordable to
lower-income households or remove
the sites. For example, the element could
discuss the application of the City’s
inclusionary requirements or other
incentives to promote the assumed
affordability and number of units.

Explained in general and for each site why
large size is not an impediment for
redevelopment of apartment sites; discussed
the City’s inclusionary requirements.

Added a summary of the City’s inclusionary
requirements in Appendix D with a reference
to Appendix C for more detail.

C-8, D-
8 C-9 -- C-
12 D-9 –
D-13
Sites
Inventory
Availability of Infrastructure: The element
describes infrastructure constraints in the
City (p. C-8). However, it must also
demonstrate sufficient total water
capacity (existing and planned) to
accommodate the RHNA. In addition, the
element must analyze availability and
constraints of dry utilities to
A summary of the recent Water Supply
Capacity study is included. Policy H-A-4 was
modified to work with the Estero Municipal
Improvement district to ensure there is
adequate water supply and sewer capacity to

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HCD Comment Response
accommodate the regional housing
need, including potential impacts on
identified sites, and add programs to
address constraints, if needed. Lastly,
while the element states that there are
some utility constraints, the element must
describe whether they affect any
identified sites and add programs as
appropriate.
support the RHNA. Programs were added and
amended:

H-A-4-a: Adequate Water Supply
H-A-4-b: Housing Element Transmittal to
EMID
H-A-4-c: Update Urban Water Management
Plan
H-A-4-d: Water Conservation
D-8 - D-
10 D-12 –
D-13
Sites
Inventory
Environmental Constraints: The element
should include an analysis of the
effectiveness of mitigation measures to
address potential environmental
constraints (e.g., seismic activity, high
water tables). The element must
describe how environmental
conditions relate to identified sites
including any other known conditions
within the City that could impact
housing development in the planning
period.

Added section on Environmental Constraints
to Appendix D to discuss effectiveness of
mitigation measures to address potential
environmental constraints.

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C-20 –
C-21
C-27 –
C-29
Zoning for a
Variety of
Housing
Types
Emergency Shelters: The element must
demonstrate the PF, C-1, and C-2
zones still has sufficient capacity to
accommodate the identified housing
need for emergency shelters. (Gov.

Code, § 65583, subd. (a)(4).) For
example, identifying the number of
parcels, typical parcels sizes, whether
the sites are nonvacant, the potential
capacity for adaptive reuse, and
analyze their access to opportunities
and services. In addition, the element
must demonstrate the permit
processing, development, and
management standards for emergency
shelters are objective and encourage
and facilitate the development of, or
conversion to, emergency shelters. In
particular, the element describes a
maximum of ten beds, a maximum stay
of 60 days, and parking requirements
that do not appear to comply with
statutory requirements pursuant to
Government Code section 65583,
subdivision (a)(4)(A).

Included additional analysis of capacity,
parcels, parcel sizes, and proximity to
services. Excluded schools and parks.

Amended Program H-F-2-d to amend code to
comply with state law.

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C-19 –
C-20
C-27 Zoning for a
Variety of
Housing
Types
Transitional and Supportive Housing:

Transitional and supportive housing must
be allowed in zones that allow for
residential uses (e.g., downtown
commercial, community commercial,
etc.,). The element should reconcile this
information and specifically clarify
whether the City permits these types of
housing as a residential use and only
subject to those restrictions that apply
to other residential dwellings of the
same type in the same zone pursuant
to Government Code section 65583
(a)(5).

Explained that code amendments were
adopted in January 2023 to meet State
requirements. See Exhibit F (Definitions) of
Ordinance 657 and other exhibits to allow as a
permitted use in R-1, R-2, R-3, R-3, C-2, and
R-T.

C-19 –
C-20
C-27 Zoning for a
Variety of
Housing
Types
By-right Permanent Supportive Housing:

Supportive housing shall be a use by-right
in zones where multifamily and mixed
uses are permitted, including
nonresidential zones permitting
multifamily uses pursuant to Government
Code section 65651. The element must
demonstrate compliance with these
requirements and include programs as
appropriate.

C-19 –
C-20
C-27 Zoning for a
Variety of
Housing
Types
Single Room Occupancy (SRO): The
element must describe where SROs are
allowed or add a program as
appropriate.

Added a section describing SROs and
included new Program H-E-9-b to amend code
to allow SROs.

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C-17 –
C-18
C-24 --
C-25
Zoning for a
Variety of
Housing
Types
Accessory Dwelling Units (ADUs): The
element indicates the City modifies its
zoning code to ease barriers to the
development of ADU’s. However, after a
cursory review of the City’s ordinance,
HCD discovered several areas which are
not consistent with State ADU Law.

HCD will provide a complete listing of
ADU non-compliance issues under a
separate cover. As a result, the element
should add a program to update the
City’s ADU ordinance in order to
comply with state law. For more
information, please consult HCD’s ADU
Guidebook, published in December 2020,
which provides detailed information on
new state requirements surrounding ADU
development.

Explained code amendments adopted in
January 2023 and Program H-D-4-a to keep
ADU regulations up to date. See Exhibit P of
Ordinance 657.

We have not yet received HCD’s analysis of
ADU non-compliance issues.

C-4 –
C-5
C-3 -- C-
5 Constraints
65583,
subd.
(a)(5)

Land Use Controls: While the element
lists various development standards (p. C-
4), it should also evaluate those
standards for impacts on housing
costs, feasibility, and ability to achieve
maximum densities. This analysis
should specifically address minimum
lot and unit sizes and open space
requirements, particularly in
multifamily zones.

Updated per recent zoning amendments,
including rescinding of Chapter 17.56 Floor
Area. Amended H-D-6-e to examine R-3 and
R-4 regulations as part of multi-family
objective design standards. Cited recent
developments as evidence of feasibility.

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C-9 –
C-14
C-13 --
C-19
Constraints Fees and Exaction: The element provides
a cumulative analysis of fees on various
housing types but, to better evaluate the
impacts on housing development costs, it
should also list the various impact fees
(e.g., transportation fees, library fees, park
fees, affordable housing fees, capital
improvement fees, utility). The element
should also separately list and evaluate
planning fees (e.g., variance, conditional
use permits (CUPs), planned
developments, site plans, specific plans,
subdivisions, and environmental fees).

Updated with recent impact fees adopted and
analysis provided for the impact fees and
inclusionary housing, including comparison to
other cities; separately listed planning fees.

C-14 C-18 –
C-19
Constraints Zoning and Fees Transparency: The
element must clarify its compliance with
new transparency requirements for
posting all fees, zoning, and
development standards for each parcel
on the jurisdiction’s website pursuant to
Government Code section 65940.1(a)(1).

City created compliant web page that is
referenced in Tables 10 and 11:
https://www.fostercity.org/commdev/page/resid
ential-development-standards-and-fees
C-14 –
C-16
C-19 -- C-
23 Constraints Local Processing and Permit Procedures:

While the element includes information
about processing times, it should also
describe the procedures for a typical
single family and multifamily
development. The analysis should
address the approval body, the number of
public hearing if any, approval findings
and any other relevant information. The
Described the procedures for a typical single
family and multifamily development; included
findings; discussed timing and approval
certainty.

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analysis should address impacts on
housing cost, supply, timing, and approval
certainty. The element should describe the
findings and procedures for CUPs in the
City, as well as the site review process
and explain whether they follow the same
processes and timelines for single family
and multifamily developments.

C-14 –
C-16
C-19 -- C-
23 Constraints In addition, the element should clearly describe whether the Planned
Development process, including
subsequent use permit, is required or
optional to applicants. If required, the
element should include specific analysis
of the impacts of absence of fixed
development standards on housing
supply (number of units), cost, timing,
feasibility and approval certainty.

Described PD process. Discussed objective
design standards that will provide additional
predictability to the City’s requirements.

C-14 –
C-16
C-19 -- C-
23 Constraints Design Review: The element must
describe and analyze the design review
guidelines and process, including
approval procedures and decision-
making criteria, for their impact as
potential constraints on housing
supply and affordability. For example,
the analysis could describe required
findings and discuss whether objective
standards and guidelines improve
development certainty and mitigate cost
Described design review process; Discussed
objective design standards that will provide
additional predictability to the City’s
requirements per H-B-4-a (Single-Family), H-
D-6-e (Multi-family), H-d-6-f (SB 9).

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impacts. The element must demonstrate
this process is not a constraint or it
must include a program to address this
permitting requirement, as appropriate.

C-6 –
C-7
C-7 -- C-
8 Constraints Inclusionary Requirements: While the
element describes mandated affordability
levels, it should also analyze the
inclusionary requirements for impacts
on housing costs. The analysis should
address any discretionary processes,
interaction with State Density Bonus
Law and alternative means of
compliance that may include, but are not
limited to, in-lieu fees, land dedication, off-
site construction, or acquisition and
rehabilitation of existing units. The City
could engage the development
community to facilitate this analysis.

Referenced economic analysis prepared with
development community input for inclusionary
housing amendments.

C-7 C-8 -- C-
9 Constraints State Density Bonus Law: The City’s
current density bonus ordinance should
be reviewed for compliance with
current state density bonus law and
programs should be added as necessary.

Added comment regarding 2022 changes to
State Law and amended H-E-3-a to update
City regulations as necessary.

C-9 C-12 --
C-13
Constraints On/Off-Site Improvements: The element
must identify subdivision level
improvement requirements, such as
minimum street widths (e.g., 40-foot
minimum street width), and analyze
Added list of required improvements and
discussion of street widths.

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their impact as potential constraints on
housing supply and affordability.

C-7 –
C-8
C-9 Constraints Codes and Enforcement: The element
must describe which building code
(e.g., 2019) is enforced, any local
amendments to the code, the City’s
building and zoning code enforcement
processes and procedures, and
analyze their impact as potential
constraints on housing supply and
affordability
Expanded building code discussion.

C-18 –
C-19
C-25 --
C-26
Constraints Constraints on Housing for Persons with
Disabilities: The element excludes group
homes for seven or more persons from
some residential zones and subjects the
use to a CUP, unlike other similar uses.

The element should specifically analyze
these constraints for impacts on
housing supply and choices and
approval certainty and objectivity for
housing for persons with disabilities
and include programs as appropriate.

Discussed reasonable accommodation and
community care facility requirements.

Expanded Program H-F-1-I to amend the
City’s regulations as necessary for
conformance with State law, including but not
limited to spacing requirements.

C-18 C-25 --
C-26
Constraints Lastly, the element must describe the
process and decision-making criteria
such as approval findings for the City’s
reasonable accommodation procedure
and analyze any potential constraints on
housing for persons with disabilities.

Expanded discussion of Reasonable
Accommodation to include application
process, approval findings. Noted that it’s not
easy to find information on the City’s website.

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Amended Program H-F-1-d to make
information on the website more accessible.

A-51 –
A-55
A-60- --
A-66
Special
Needs
Persons with Disabilities: While the
element provides the percent of persons
with disabilities within the City and their
type of disability, the element must include
an analysis of the special housing
needs for this population. The analysis
should discuss challenges faced by
persons with disabilities, the existing
strategies, and resources to meet
those needs, an assessment of any
gaps in resources and magnitude of
needs, and proposed policies,
programs, and funding to help address
those needs.

Appendix A, Section 6: Expanded discussion
of special housing needs for disabled, existing
strategies and resources; assessment of gaps,
proposed responses
Strengthened programs:

H-F-1-a: Facilities and Services for Special
Needs
H-F-1-d: Reasonable Accommodation
H-F-1-f: Support Services for Special Needs
Population
H-F-1-h: Age Friendly Initiative
H-F-1-i: Community Care Facilities
H-F-1-j: Public Investment in Accessibility
(new)

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A-66 –
A-68
A-76 --
A-80
At Risk Units While HCD data shows the Metro Center
Senior Homes affordability as expiring in
2026, the element lists these units as
expiring in 2050. The element should
clarify how affordability was
determined, what it is based on and if
necessary, revise the analysis of units at-
risk of conversion to market rate uses.

Appendix A, Section 8 - Explained that deed
restrictions with Foster City (vs tax credits or
bonds) are often not reflected in other
databases; explained that affordable housing
agreements specify sections of Health &
Safety Code used to determine maximum
rents and incomes.

Examples of
programs to
be revised
To have a beneficial impact and achieve
the goals and objectives of the housing
element, program must have specific
commitment and discrete timing (e.g., at
least annually, by a specific date).

Examples of programs that should be
revised include:

Added metrics and timing where feasible
throughout (annually or more frequent)
HE-60 H-74 Programs Program H-B-1-a (Continue Code
Enforcement): The program could clarify
whether this program is linked to Program
H-B-2-a and whether there are specific
programs or outreach for rehabilitation
assistance. The program should also
include a metric or targeted numerical
outcome.

Added language to H-B-1-a to provide
referrals to assistance programs in cases
where owner might be eligible; Added metrics
and timing
HE-60 HE-74 Programs Programs H-B-2 (Encourage
Rehabilitation): The programs should
Added outreach, metrics, and timing

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include proactive outreach and discrete
timing (e.g., at least annually).

HE-64 HE-80 Programs Program H-C-3-b (Anti-Displacement Strategy): The program should include
discrete timing upon establishing the
strategy.

Added timing
HE-65 HE-81 Programs Programs H-C-4-a (Rental Housing
Assistance Information), H-E-3-c
(Cooperative Ventures): The programs
should be revised to include proactive
outreach, discrete timing and a metric.

Added outreach, metrics and timing
HE-67 HE-83 Programs Program H-D-2-a (Potential Re-Use of Commercial Sites): While the program
provides meaningful criteria for evaluating
future sites, it could also commit to
amending zoning with a discrete timeline.

Added timing: Incorporate into mid-cycle
evaluation of RHNA progress
HE-69 HE-86 Programs Programs H-D-5-a (School Sites) and H- D-5-b (Religious and Nonprofit-Owned
Sites): The program should consider
actions beyond meeting to have a
beneficial impact in the planning period,
including establishing appropriate zoning,
anticipated outcomes, and discrete
timelines.

Added wording on amending zoning
regulations; Added metrics and timing.

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HE-60 HE-86 Programs Program H-D-6-a (Minimize Governmental Constraints): The program should
consider actions beyond reporting
recommendations and more frequent
review of potential governmental
constraints.

Added metrics and timing specific to additional
outcomes
Minimum floor areas were rescinded by
Ordinance 660 in January 2023.

HE-70 HE-88 Programs Program H-D-6-g (Farmworker Housing and Employee Housing Act): The program
should specifically commit to amend
zoning consistent with the Employee
Housing Action (i.e., Health and Safety
Code sections 17021,5, 17021.6 and
17021.8).

Amended language to clarify that amendments
were adopted in January 2023. See Exhibit F
of Ordinance 657.

HE-71 –
HE-72
HE-90 Programs Program H-E-3-a (Density Bonuses for
Affordable Housing Projects): Based upon
a complete analysis, the program should
commit to amend the ordinance by a
specified date.

Added metrics and timing
HE-72 HE-91 Programs Program H-E-5-a (New Agreements for Affordability of Existing Rental Units): The
program should specify how often the City
will pursue funding and include a metric.

Added metrics and timing

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HE-73 HE-92 --
HE-93
Programs Program H-F-1-a (Facilities and Services
for Special Needs): The program must
include proactive outreach, discrete
timing, and actions for persons with
developmental disabilities.

Added wording, outreach and timing
HE-74 HE-94 Programs Program H-F-1-f (Support Services for Special Needs Population): The program
should include commitment to implement
following the roundtable, as well as how
often meetings and implementation will
occur.

Added metrics (outcome from meeting) and
timing (annual roundtable)
HE-75 HE-94 Programs Program H-F-1-h (Age Friendly Initiative):

The program should include commitment
to implement the plan.

Added metrics and timing; included
commitment to implement plan
HE-75 HE-96 Programs Program H-F-2-d (Emergency Shelter Zoning): Based on a complete analysis,
the program must include specific
commitment to address parking and other
identified constraints by a specified date.

Amended H-F-2-d to amend Chapter 17.82 as
necessary to comply with State law by 2024.

HE-76 HE-96 Programs Program H-F-3-a (Transitional and Supportive Housing Zoning): Based on a
complete analysis of requirements, the
program should include commitment to
address identified constraints by a
specified date.

Amended Municipal Code in January 2023 –
referenced in H-F-3-a. See Exhibit F
(Definitions) of Ordinance 657 and other

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exhibits to allow as a permitted use in R-1, R-
2, R-3, R-3, C-2, and R-T.

HE-76 HE-97 Programs Program H-G-2-a (Anti-Discrimination Regulations): The program must include
commitment to how often the City will
conduct outreach after 2023.

Added metrics and timing
Actions to
make sites
available
65583,
subd.
(c)(1)
The element does not include a complete
site analysis; therefore, the adequacy of
sites and zoning were not established.

Based on the results of a complete
sites inventory and analysis, the City
may need to add or revise programs to
address a shortfall of sites or zoning
available to encourage a variety of
housing types. In addition, the element
should be revised as follows:

HE-66 HE-82 --
HE-83
Actions to
make sites
available
Program H-D-1-b (General Plan and
Zoning Amendments): The program
commits to amend the general plan and
zoning to accommodate the RHNA upon
adoption of the housing element. Please
be aware, if rezoning, specifically for the
lower-income RHNA, is not completed by
January 31, 2023, the element must
include a program(s) to rezone sites with
appropriate zoning and development
Noted which actions were adopted in January
2023; remaining will be adopted concurrent
with the adoption of the Housing Element.

See Exhibit A (R-3), Exhibit B (R-4), Exhibit C
(C-2), Exhibit D (PD), Exhibit E (By Right
Housing) of Ordinance 657 for zoning text
amendments.

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standards pursuant to Government Code
sections 65583, subdivision (c)(1), and
65583.2, subdivisions (h) and (i).

See Ordinance 658 for Zoning Map
Amendments.

HE-68 HE-85 --
HE-86
Actions to
make sites
available
Program H-D-4-h (ADU Monitoring): The
program should monitor production in
addition to affordability, including for
ADUs anticipated in multifamily
development. Further, monitoring
affordability should be consistent with
assumptions in the inventory (58 percent)
and alternative actions should be taken
more than once in the planning period and
should specifically commit to rezoning if
necessary.

Amended H-D-4-h to monitor ADU production,
including in multi-family; included metric of
percentage meeting lower-income need;
added timing.

C-1 -- C-
34 Remove
governmenta
l constraints

65583,
subd.
(c)(3)

The element requires a complete analysis
of potential governmental and
nongovernmental constraints. Depending
upon the results of that analysis, the City
may need to revise or add programs and
address and remove or mitigate any
identified constraints. In addition, the
element should be revised as follows:

Completed more thorough constraint analysis;
Added/modified programs if indicated by
analysis
H-A-4: Adequate Water Supply and Sewer
(and related programs)
H-D-6-a: Minimize Governmental Constraints
H-D-6-b: Minimize Zoning Constraints

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H-D-6-c: Amend Parking Requirements
H-D-6-e: Multi-Family Objective Design
Standards
HE-69 HE-87 Remove
governmenta
l constraints
Parking: While the element includes
Program H-D-6-c (Parking Requirements),
the program should include a specific
commitment to revise parking standards
to mitigate constraints on housing
development.

Amended H-D-6-c to amend parking
requirements for multi-family housing as
necessary to allow General Plan densities, to
reduce housing costs, and to provide
appropriate parking requirements for elderly,
developmentally disabled, or other special
needs populations by December 2024.

HE-69 HE-86 --
HE-87
Remove
governmenta
l constraints
Program H-D-6-b (Minimize Zoning
Constraints): The program must include
specific commitment to amend all listed
and necessary zoning amendments and
should manufactured homes are allowed
as a single-family use in all zones allowing
single family uses.

Included in zoning amendments approved in
January 2023 – See Exhibit F (Definitions) of
Ordinance 657 and other exhibits to allow as a
permitted use in R-1 and R-2.

HE-74 HE-93 Remove
governmenta
l constraints
Program H-F-1-d (Reasonable
Accommodation): Based on a complete
analysis of constraints in reasonable
accommodations, the program must
include a commitment to mitigate
constraints and revise timing if needed.

Amended H-F-1-d to: Review Chapter 17.84
for conformance with State Law and amend if
necessary by December 2023. Update the
City’s website to make information on how to
submit a request more accessible.

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HE-75 HE-95 Remove
governmenta
l constraints
Program H-F-1-i (Community Care
Facilities): Based on the outcomes of a
complete analysis, the program should
commit to allow community care facilities
in all residential zones and revise
procedures with an objective process and
facilitate approval certainty.

Expanded H-F-1-i to: Amend the City’s zoning
regulations to expand the zoning districts that
allow community care facilities and any other
amendments necessary for conformance with
State law, including but not limited to spacing
requirements.

Appendix
B
AFFH
65583,
subd.
(c)(5)

As noted in Finding B1, the element must
include a complete analysis of AFFH. The
element must be revised to add goals and
actions based on the outcomes of a
complete analysis.

Included milestones, metrics, etc.

Added policies/programs based on revised
analysis:

H-E-9: Variety of Housing Types
H-E-9-a: Family Friendly Housing
H-E-9-b: Small Housing Units
H-F-1-j: Public Investment in Accessibility

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REDLINE
Topic Govt.

Code Ref.

HCD Comment Response
H-G-1: Reducing Commuting Burden
H-G-3-a: Commuter Shuttles
H-G-3-b: Expand Bus Service
HE-64 HE-79 Preservation
65583,
subd.
(c)(6).)

While the element includes Program H-C-
2-b (Continue to Monitor Expiration of
Affordability Covenants), it should
incorporate proactive outreach to
owners and State Preservation Notice
Law requirements (Government Code
Sections 65863.10, 65863.11, and
65863.13).

Added proactive outreach to owners within five
years of expiration of covenants to H-C-2-b.

HE-78 HE-99 --
HE-101
Quantified
objectives
65583,
subd. (b)(1
& 2)
The element must include quantified
objectives to establish an estimate of
housing units by income category that can
be constructed, rehabilitated, and
conserved over the planning period. While
the element includes these objectives, it
should specifically list objectives for
extremely low-income households and
conservation objectives should not be
limited to at-risk preservation.

Added quantified objectives summary table
and by program.

App. F;
HE-58
F-2 --
F-3
Public
Participation
65583,
subd.(c)(9)
While the element includes a general
summary of the public participation
process, it should also include a
Added summary of how public comments
were considered and incorporated in Appendix
F and Chapter 7; described translation

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Attachment 2, Exhibit B
Foster City Draft Housing Element 2023-2031– Summary of HCD 10/3/22 Comments and City Responses 42 of 29

Summa
ry of
HCHE
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REDLINE
Topic Govt.

Code Ref.

HCD Comment Response
HE-66 --
HE-67
summary of how public comments
were considered and incorporated into
the element. Further, the element should
describe additional methods for public
outreach efforts in the future,
particularly to include lower-income
and special needs households and
neighborhoods with higher
concentrations of lower-income
households. The element must describe
whether translation services were
available for various outreach
methods.
services; expanded H-A-2-a(3) with methods
and timeframes for outreach to lower-income
and special needs
Housing Element Update
https://engagefostercity.org/housing-element
website has “Select Language” option, as
does City’s fostercity.org website.

HE-58 HE-70 Consistency
with GP
65583,
subd.
(c)(7)
While the element discusses how internal
consistency will be achieved with other
elements of the general plan as part of the
housing element update, it should also
discuss how internal consistency will
be maintained throughout the planning
period.

Added program to H-A-1-d to evaluate
consistency with the Housing Element when
any other GP element is amended.

5.1 Exhibit B of Attachment 2 - Summary of HCD 10-3-22 Comments and City Responses

272

Attachment 2, Exhibit C
Foster City Draft Housing Element 2023-2031– Summary of HCD 4/24/23 Comments and City Responses

(yellow highlights in the Draft Housing Element Update indicate changes after 4/24/23 reflected in 5/1/23 Draft; green highlights indicate changes after 5/4/23 Planning Commission Public Hearing reflected in 5/15/23 Draft)

B-3-5
B-8-9

HE-37,
B-8

B-53-54

B-3-5
B-8-9

HE-38,
B-8
A.1.a Needs,
Resources,
Constraints
Integration and Segregation: The
element must be revised to include a
regional analysis (e.g., comparing
the City as a whole to the broader
region) for familial status.

The element should include local
data and other relevant factors
such as historical zoning and land use
potentially resulting in a lack of
access to housing choices and
affordability.

Narrative and charts were added to Appendix B,
Section 3.7 Familial Status (household type and
households by presence of children); compared to
San Mateo County and the region.

Expanded discussion is included in Appendix B,
Section 1.2, History of Segregation in the Region and

1.3, Foster City Land Use and Zoning History.

From its beginnings, Foster City has provided a variety of housing types. Higher density multi -family
development i n the R -3 and R -4 zoning districts is
included in all of the City’s residential and mixed- use neighborhoods. Although homes sales started in 1963
with single-family homes, by 1974, the provision of a
mix of apartments, townhouses, condominiums, and
single-family homes provided housing choices for a
wide variety of household sizes and income levels. (p.

B-8)
Foster City has historically accommodated a diversity
of housing needs by offering a variety of housing
types in all residential neighborhoods—more so than
many jurisdictions in the County. Yet home values
and rents are much higher in Foster City than in the
County and the Bay Area overall. Foster City’s fair
housing actions that are part of the overall Housing
Element are intended to address barriers to housing

5.1 Exhibit C of Attachment 2 - Summary of HCD 4-24-23 Comments and City Responses

273

Attachment 2, Exhibit C
Foster City Draft Housing Element 2023-2031– Summary of HCD 4/24/23 Comments and City Responses

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Topic HCD Comment 4/24/23 (#2) Response
(italics = text in the Housing Element chapters or
appendices)
Amended
Program
choice by adding affordable housing options and
preserving existing housing opportunities. (p. HE-37)
B-74-81 B-68-75 A.1.b Needs,
Resources,
Constraints
Disparities in Access to Opportunity:

The element should analyze whether
there is equal access to jobs for
residents of all economic
segments, in addition to comparing
employment trends in the City to
patterns in surrounding areas (e.g.,
lower economic scores in areas
bordering the City).

Additional analysis is included in Appendix B, Section

4.2 Employment.

When compared to the earnings of employed
residents in Foster City, the percentages of jobs in
each income category vary only up to 1.5%. This
close alignment provides access to jobs for all
economic segments, although there are 234 fewer
jobs in Foster City in the lowest income category….

According to the TCAC Opportunity Areas Economic
Scores, all of Foster City falls in the two highest
resource categories. Foster City compares favorably
to nearby cities, which include tracts with lower
economic opportunity scores.

B-100-
105
B-94 - 98 A.1.c.1 Needs,
Resources,
Constraints:

AFFH
Disproportionate Housing Needs
Including Displacement: The element
should include a regional analysis
of cost burden.

In Appendix B, Section 5.2 Cost Burden and Severe
Cost Burden, the regional analysis of cost burden
was expanded to note that Foster City’s rates of cost
burden are slightly lower than the County or the Bay
Area.

Foster City has historically accommodated a diversity
of housing needs by offering a variety of housing

5.1 Exhibit C of Attachment 2 - Summary of HCD 4-24-23 Comments and City Responses

274

Attachment 2, Exhibit C
Foster City Draft Housing Element 2023-2031– Summary of HCD 4/24/23 Comments and City Responses

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Topic HCD Comment 4/24/23 (#2) Response
(italics = text in the Housing Element chapters or
appendices)
Amended
Program
types in all residential neighborhoods—more so than
many jurisdictions in the County. Yet home values
and rents are much higher in Foster City than in the
County and the Bay Area overall. Foster City’s fair
housing actions that are part of the overall Housing
Element are intended to address barriers to housing
choice by adding affordable housing options and
preserving existing housing opportunities. (p. HE-37)
B-107-
113
B-99 -
103
A.1.c.2 Needs,
Resources,
Constraints
In addition, the element must
include a local (patterns within the
City) and regional analysis of
overcrowding.

In Appendix B, Section 5.3 Overcrowding, additional
analysis is provided of overcrowding including local
patterns and comparison to the region.

The vast majority of households (95%) in Foster City
are not overcrowded... slightly better than the
percentage of households that are not overcrowded in
San Mateo County (92%) and the Bay Area at large
(93%).

Additional analysis is provided of the geographic
extent of overcrowding , noting that for renter
households, the largest number of overcrowded units
is in Tract 6080.25…. The geographic extent of
overcrowding of owner -occupied units appears to be
somewhat aligned with the census tracts with lar ger
proportions of Asian population, such as Tracts 6081,
6083, and 6080.24….

5.1 Exhibit C of Attachment 2 - Summary of HCD 4-24-23 Comments and City Responses

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Attachment 2, Exhibit C
Foster City Draft Housing Element 2023-2031– Summary of HCD 4/24/23 Comments and City Responses

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Topic HCD Comment 4/24/23 (#2) Response
(italics = text in the Housing Element chapters or
appendices)
Amended
Program
The increased quantity and distribution of affordable
housing as proposed in the Sites Inventory will
address disproportionate housing needs of
overcrowding by providing more affordable housing in
a wider variety of locations in the City. Program H -D- 1-b General Plan and Zoning Amendments to
Facilitate Housing on Housing Opportunity Sites in the
Sites Inventory includes the actions needed to ensure
the sites are zoned to facilitate additional housing.

Policy H -E-1 includes creating more and retaining
existing affordable housing.

A-39-40,
B-114
A-39, B-
104
A.1.c.3 Needs,
Resources,
Constraints
The element must also include an
analysis of where local
substandard housing exists
geographically.

In Appendix A, Section 5.3, Substandard Housing,
additional analysis is provided of the presence or
lack of substandard housing and reference is made
to Appendix B, Section 5.4 for additional information.

In Appendix B, Section 5.4, Substandard Housing,
additional analysis is included by census tract
showing the percentage of units reporting a lack of
complete plumbing or complete kitchen.

The Census data corroborates the local knowledge
ascertained from the City’s building inspectors that
there are very few, if any, substandard units.

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HE-4;
HE 61-
62; B-
111-118
A.1.d Needs,
Resources,
Constraints
Identified Sites and Affirmatively
Furthering Fair Housing (AFFH): The
element must include a locational
analysis (neighborhood by
neighborhood) of the regional
housing needs allocation (RHNA)
by income group and evaluate the
impact of identified sites in each
area.

The element should include an
analysis of impacts on existing
patterns of socio-economic
concentrations and whether sites
exacerbate conditions and identify
further program actions that will be
taken to promote equitable quality
of life throughout the community
(e.g., anti-displacement and place-
based community revitalization
strategies).

In Appendix B, Section 6, Site Inventory Analysis,
additional information was added analyzing the sites
in each census tract for any potential impacts on
socio-economic conditions. Most of the units in the
Sites Inventory are in census tract 6080.04, which is
the central core of Foster City with the best access to transit, services, and jobs.

The Sites Inventory provides a balance between
expanding the geographic area that includes restricted
units to provide additional housi ng choices and
locating new units where there is easy access to
transit, services, and jobs. There are no existing
patterns of socio- economic concentrations that could
be exacerbated by the inclusion or exclusion of
housing sites.

Programs are included to minimize the potential
displacement of tenants in existing affordable units or in existing rental units under Goal H -D Protect the
Supply and Affordability of Rental Housing, for
example: Programs H -C-2-c (Replacement Unit
Requirements), H -C-3-a (Anti -Displacement Plan for
Redevelopment of Existing Multifamily Development),
H-C-3-b (Anti -Displacement Strategy), H -E-1-a
(Existing Unit Purchase Program), H -F-1-a (Facilities
and Services for Special Needs), H -F-1-d
(Reasonable Accommodation), H -G-1-a (Non -

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Foster City Draft Housing Element 2023-2031– Summary of HCD 4/24/23 Comments and City Responses

Three programs are identified for geographic
targeting:

H-F-1-j Public Investment in Accessibility – to target
two tracts with slightly higher percentage of population with disabilities.

H-B-2-1 Lower Income Homeowner Rehabilitation
Loans and H -B-2-b Facilitate Non- Profit
Rehabilitation/Maintenance Assistance – to target two
tracts with higher owner cost burden.

A-44-45 A-43-45 A.2.a Needs,
Resources,
Constraints
Overpayment: While the element was
revised to include extremely low-
income households that are
overpaying for housing, the element
must quantify and analyze the
number of lower-income
households overpaying for
housing by tenure (i.e., renter and
owner) and add or modify policies and
programs as appropriate.

Appendix A, Section 5.5 and Appendix B, Section 5.2
Cost Burden and Severe Cost Burden includes
additional analysis of cost burden by tenure and cost
burden by income level. 1,514 households (46%) of
the total 3,292 lower income households are
extremely cost burdened. An additional 809
households (25%) are cost burdened.

Key findings indicate that there are disparities in
housing cost burden in Foster City by income, race
and ethnicity and by tenure (renters/owners). Policy H-

5.1 Exhibit C of Attachment 2 - Summary of HCD 4-24-23 Comments and City Responses

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Attachment 2, Exhibit C
Foster City Draft Housing Element 2023-2031– Summary of HCD 4/24/23 Comments and City Responses

The increased quantity and distribution of affordable
housing as proposed in the Sites Inventory will
address disproportionate housing needs of
overpayment by providing more affordable housing in
a wider variety of locations in the City. Program H -D- 1-b General Plan and Zoning Amendments to
Facilitate Housing on Housing Opportunity Sites in the
Sites Inventory includes the actions needed to ensure
the sites are zoned to facilitate additional housing.

Policy H -E-1 includes creating more and retaining
existing affordable housing. Policy H -C-4, ‘Rental
Assistance Programs’ is included in the Housing
Element.

D-53-54 D-47-48 A.3.a.1 Sites
Inventory
Progress in Meeting the RHNA: While
the element was revised to address
affordability of the number of new
units built or pending since June 30,
2022, it must also address the
availability of projects in the
planning period.

The element should describe the
status, any barriers to
development, and other relevant
A new section, “Progress in Meeting the RHNA” was
added to Appendix D starting on p. D-457 This
section includes the status of sites in the Sites
Inventory indicating that many are either under
construction, have submitted applications, or are
actively preparing plans for review.

A section on “Suitability of Non-Vacant Sites/Realistic Availability’ is also added to Chapter 5. The City

5.1 Exhibit C of Attachment 2 - Summary of HCD 4-24-23 Comments and City Responses

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Attachment 2, Exhibit C
Foster City Draft Housing Element 2023-2031– Summary of HCD 4/24/23 Comments and City Responses

looked at several factors to evaluate the potential for redevelopment of these properties.

HE-85-
86 HE-77-
78 A.3.a.2 Sites
Inventory
Lastly, because of the significance of
pending and approved projects to
meet the City’s RHNA, the element
should include a program to
monitor progress including
specific commitments to annually
monitor production and
affordability of pipeline projects
and if necessary, evaluate whether
build out will occur as anticipated
in the sites inventory at least twice
in the planning period. The Program
should also commit to identify
additional sites by specific dates if
necessary.

Program H-A-1-b was revised as follows:

No Net Loss /Development Pipeline Monitoring .

Evaluate residential development proposals for
consistency with the 2023- 2031 Housing Element
Sites Inventory. If a development approval will cause
the Sites Inventory to be unable to accommodate all
income levels of the RHNA, then additional site(s)
shall be added pursuant to Government Code Section
65863(b)(1). No later than December 2023, the City
will develop a procedure to monitor the development
of proposed projects and vacant and non-vacant sites
in the Sites Inventory and ensure that adequate sites
are available throughout the 6th Cycle Planning
Period to meet the remaining RHNA by income
category to implement “no net loss” requirements. The
City will monitor and report on the “no net loss”
requirement on an annual basis with the Annual
Progress Report. The procedure will monitor:
1) Unit count and income/affordability assumed
on parcels included in the sites inventory as
proposed projects, vacant, and underutilized
sites.

H-A-1-b

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Attachment 2, Exhibit C
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Topic HCD Comment 4/24/23 (#2) Response
(italics = text in the Housing Element chapters or
appendices)
Amended
Program
2) Actual units constructed and
income/affordability when parcels are
developed.
3) Net change in capacity and
income/affordability and a summary of
remaining capacity and income/affordability in
meeting the City’s remaining RHNA.
4) Within one year of report on the “no net loss”, if
necessary, make adjustments (e.g., incentives,
rezonings, etc.) or identify additional sites.

Responsible Agency: City Council, Planning
Commission, Community Development
Department
Timeframe: Develop procedure for monitoring
by December 2023 and provide information
annually by April 1 as part of General Plan
Annual Progress Report
Performance Metric(s): Maintenance of Sites
Inventory sufficient to accommodate the RHNA
Funding Source: General Fund
D-6-8 D-6-8 A.3.b Sites
Inventory
Sites Inventory: The element must
clarify whether the listed capacity
is the total capacity (maximum
allowable) or includes realistic
capacity assumptions.

A new section on “Realistic Capacity” was added to
Appendix D explaining that the listed capacity in the
Sites Inventory is the realistic capacity.

The introductory paragraph for the Sites Inventory
table used in various places in the Housing Element
was clarified to indicate “realistic capacity.”

5.1 Exhibit C of Attachment 2 - Summary of HCD 4-24-23 Comments and City Responses

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Attachment 2, Exhibit C
Foster City Draft Housing Element 2023-2031– Summary of HCD 4/24/23 Comments and City Responses

HE
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HCD
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4/24/23
Topic HCD Comment 4/24/23 (#2) Response
(italics = text in the Housing Element chapters or
appendices)
Amended
Program
D-6-8 D-6-8 A.3.c Sites
Inventory
Realistic Capacity: While the element
provides assumptions for buildout on
each site, support must be provided
for assumptions. Many of the sites
are on parcels with existing apartment
developments. Many of the sites
assumes 100 percent of base zoned
density for the multifamily units in the
Beach Cove, Franciscan, Harbor
Cove, Sand Cove, Lagoons, Eaves
Apartments, and Shadow Cove sites.

The analysis must provide
substantial support and
demonstrate a significant history
of developing at maximum density.

In addition to the information
provided, the listing should include
all multifamily development by
allowable density and use of any
exceptions to allowable densities.

The analysis should also utilize
gross allowable densities.

Alternatively, the element could
rescale assumptions (e.g., 80 percent
of maximum allowable densities) or
utilize minimum densities. Lastly, the
element must clarify whether it is
assumed that projects will have to
utilize the planned development
(PD) process and therefore have
Additional information was included in Appendix D in
support of the analysis of realistic capacity, including:
• more information on the density of previous
approvals
• the proposed increase in allowed density in
the Civic Center Mixed Use designation
• revised table of Multi-Family Development
Densities: 2002-2022 showing 1) a
significant history of development at or above
the densities used for realistic site capacities,
2) gross densities and net densities, 3)
added notes to identify use of density bonus
to allowable densities.

For the two (2) of the twelve (12) sites without
expressed owner interest in adding housing units
within the planning period, the capacity in the Sites
Inventory has been reduced:
• Franciscan from 104 to 83 units
• Lagoons from 161 to 121 units
Additional explanation of the Planned Development
process is provided in Appendix C and Chapter 4.

The PD process allows the applicant to choose to
comply with the objective standards in the base

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D-15-19 D-15-16 A.3.d.1 Sites
Inventory
Suitability of Nonvacant Sites: While
the element states there is general
interest from some property owners
and existing leases will not prevent
additional residential development,
the discussion should address any
barriers to redevelopment in the
planning period.

Additional analysis and explanation is added in the
section “Suitability of Non-Vacant sites” in Appendix
D. Discussion is included analyzing the specifics for
each site regarding why its nonvacant status is not
an impediment to housing development. After
analysis of each site, it is noted that the nonvacant
status is not an impediment for any of the sites.

Barriers to redevelopment include factors applicable
to any development such as availability of financing
and time required for the entitlement process.

In addition, a new section, “Progress in Meeting the
RHNA” was added to Appendix D starting on p. D-47.

This section includes the status of sites in the Sites
Inventory indicating that many are either under
construction, have submitted applications, or are
actively preparing plans for review.

To address governmental constraints that are not site
specific, Program H-D-3-a is included to Update
Planned Development Process, H-E-3-b for
Financing and Subsidy Programs, H-E-3-c for
Cooperative Ventures, H-D-6-d or Development
Impact Fee Waiver and various programs to reduce

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D-46-48 D-42-43 A.3.d.2 Sites
Inventory
In addition, the 1010 Metro Center
site states that realistic capacity was
reduced by 50 percent because 100
percent commercial is allowed. The
element should discuss likelihood
of residential development in
addition to the letter of interest
from the owner.

Comments were added to Appendix D regarding why
it is very likely that the site will be redeveloped with a mix of commercial and residential uses. Given that
there are no existing uses on the site makes it very
likely that the site will be redeveloped with a mix of
commercial and residential uses. The owner has
been unable to secure a commercial tenant for
several years. The site is one of the best located
commercial or housing sites in the City with direct
freeway access as well as convenient access to
services, transit, parks and civic amenities.

Development of the site will not impact existing
residential neighborhoods.

D-15-19
HE-61-
64 D-15-18
HE-53-
56 A.3.e Sites
Inventory
In addition, if the housing element
relies upon nonvacant sites to
accommodate more than 50 percent
of the RHNA for lower-income
households, the housing element
must demonstrate existing uses
are not an impediment to additional
residential development and will
likely discontinue in the planning
Additional explanation of why the existing uses are
not an impediment to development has been added
to Chapter 5 Housing Resources and Sites, Appendix
D in the section on Suitability of Non-Vacant Sites,
and in the specific discussion for each site.

Discussion is included analyzing the specifics for
each site regarding why its nonvacant status is not
an impediment to housing development. After
analysis of each site, it is noted that the nonvacant
status is not an impediment for any of the sites.

Barriers to redevelopment include factors applicable

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Absent findings (e.g., adoption
resolution) based on substantial
evidence, the existing uses will be
presumed to impede additional
residential development and will not
be utilized toward demonstrating
adequate sites to accommodate the
RHNA.
to any development such as availability of financing
and time required for the entitlement process.

Findings based on substantial evidence are included
in the draft adoption resolution.

HE-113;
C-34-35
HE-103;
C-33
A.3.f.1 Zoning for a
Variety of
Housing
Types
Emergency Shelters: While the
element stated that there is sufficient
capacity in the PF, C-1, and C-2
zones, it must demonstrate the permit
processing, development, and
management standards for
emergency shelters are objective and
The amendment of the City’s regulations for
emergency shelters in Chapter 17.82 for consistency
with AB 2339 is proposed to be adopted concurrently
with the Housing Element. The discussion in
H-F-2-d

5.1 Exhibit C of Attachment 2 - Summary of HCD 4-24-23 Comments and City Responses

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Attachment 2, Exhibit C
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HE
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No. in
HCD
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4/24/23
Topic HCD Comment 4/24/23 (#2) Response
(italics = text in the Housing Element chapters or
appendices)
Amended
Program
encourage and facilitate the
development of, or conversion to,
emergency shelters. In particular, the
element describes a maximum of ten
beds, a maximum stay of 60 days,
and parking requirements that do not
appear to comply with statutory
requirements pursuant to Government
Code section 65583, subdivision
(a)(4)(A). A program must be added
to specifically address these
constraints.

Appendix C has been revised to reflect this. A copy of
the proposed changes is provided in Appendix H.

Program H-F-2-d has been revised to amend
Chapter 17.82 as necessary to comply with State
law upon adoption of the Housing Element:

H-F-2-d Emergency Shelter Zoning. The City will
allow emergency shelters as provided in Chapter

17.82 that allows a year-round emergency shelter as
a permitted use in Neighborhood Business (C-1),
General Business (C-2), and at
churches/synagogues in the Public Facilities (PF)
Zoning District. The City will amend Chapter 17.82 as
necessary to comply with State law, including AB
2339 limiting parking requirements to not require
more parking than other residential or commercial
uses within the same zone and changing the
maximum number of beds to twenty-five (25), upon
adoption of the Housing Element.

Responsible Agency: Community Development
Department
Timeframe: Amend Chapter 17.82 by the end of
2024 upon adoption of the Housing Element (see
Appendix H).

Performance Metric(s): Number of emergency
shelters allowed
Funding Source: General Plan Maintenance Fund

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HE
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in
5/15/23
Clean
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No. in
HCD
Letter
4/24/23
Topic HCD Comment 4/24/23 (#2) Response
(italics = text in the Housing Element chapters or
appendices)
Amended
Program
HE-114 HE-103 A.3.f.2 Constraints Low Barrier Navigation Centers: The element was revised to state that low
barrier navigation centers are allowed
in the same zones as emergency
shelters. Low Barrier Navigation
Centers shall be a use by-right in
zones where multifamily and mixed
uses are permitted, including
nonresidential zones permitting
multifamily uses pursuant to
Government Code section 65660.

The element must demonstrate
compliance with this requirement and
include programs as appropriate.

Zoning amendments for LBNCs adopted in January
2023 allow LBNCs in C-1 and PF. See Ordinance
657 in Appendix H.

Program H-F-2-e has been revised to amend
zoning regulations to allow LBNCs in R-3, R-4, R-
T, CM/PD, C-2 as follows:

H-f-2-e Low Barrier Navigation Centers. In addition
to the amendments included in Ordinance 657 to
allow LBNCs in C-1 and PF Districts, amend the
Zoning regulations to allow low-barrier navigation
centers (low-barrier, service-enriched shelters
focused on moving people into permanent housing
that provide temporary living facilities) by right in the R-T, R-3, R-4, C-2, and CM/PD zoning district(s),
consistent with AB 101 (2019).

Responsible Agency: Community Development
Department
Timeframe: by December 2023
Funding Source: General Fund

H-F-2-e
C-33 C-30, 31 A.3.f.3 Zoning for a
Variety of
Transitional and Supportive Housing:

While the element states transitional
and supportive housing is allowed in
all zones allowing residential uses
The inclusion of a reference to criteria was in
error. The text on page C-30 and C-31 is
amended as follows:

H-F-3-a
H-F-3-b

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HE-114

H-103

H-103-
104
Housing
Types
where certain criteria are met, it must
describe whether these criteria are
in addition to what is required of
other residential uses. If different,
the element must include a program
to address the constraint.

Foster City’s zoning regulations were amended in
January 2023 by Ordinance 657 to allow
transitional and supportive housing as permitted
uses by right in all of the residential and the C-2
mixed use zoning districts as well as the
nonresidential zoning districts where certain criteria
are met.

Programs H-F-3-a and H-F-3-b are revised as
follows:

H-F-3-a Transitional and Supportive Housing
Zoning. Enforce the existing zoning regulations as
amended in January 2023 by Ordinance 657 that
allow transitional and supportive Housing, as
required by State law, so they are treated as a
residential use that will be subject only to the same
restrictions that apply to other residential uses of
the same type in the same zone.

Responsible Agency: Community Development
Department
Timeframe: Ongoing
Funding Source: General Fund
H-F-3-b Supportive Housing. Review and revise
the Zoning regulations as amended in January 2023
by Ordinance 657 for consistency with AB 2162,
effective January 1, 2019, requiring supportive
housing by-right in certain zoning districts.

Responsible Agency: Community Development
Department

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Topic HCD Comment 4/24/23 (#2) Response
(italics = text in the Housing Element chapters or
appendices)
Amended
Program
Timeframe: Amend regulations by December 2023
Funding Source: General Fund
HE-109-
110
HE-99 A.3.f.4 Zoning for a
Variety of
Housing
Types
Single Room Occupancy (SRO)
Units: While the element added
Program H-E-9-b (Small Housing
Units), the program must clarify which
zones will allow SROs, development
standards and how they will be
permitted.

Program H-E-9-b is revised as follows:

H-E-9-b Small Housing Units. Amend the Zoning
regulations to specifically allow housing targeted for
extremely low-income households, including single
room occupancy (SROs) and group homes for these
income groups in the CM/PD, C-2, and PF zoning
districts.

Responsible Agency: Community Development
Department
Timeframe: Amend zoning regulations by December
2024
Performance Metric(s): Facilitate ten (10) rental units less than 500 square feet by 2031
Funding Source: General Plan Maintenance Fund

H-E-9-b
HE-101 HE-91 A.3.f.5 Zoning for a
Variety of
Housing
Types
Accessory Dwelling Units (ADUs):

While the element includes Program
H-D-4-a ADUs, it must commit to
updating the City’s ADU ordinance to
comply with state law within a specific
timeframe (e.g., 6 months).

Program H-D-4-a is revised as follows:

H-D-4-a ADUs. Continue implementation of Chapter

17.78, Accessory Dwelling Units. Update the City’s
ADU ordinance to comply with State laws by
December 2023 and subsequently update the City’s
H-D-4-a

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regulations to comply with new State laws within six
months of being effective.

Responsible Agency: Community Development
Department
Timeframe: Update Chapter 17.78 to comply with
2023 State laws by December 2023 and update the
City’s regulations to comply with subsequent new
State laws within 6 month of being effective.

Quantifiable Objectives: 24 ADUs by 2031
Funding Source: General Plan Maintenance Fund

HE-51-
54 HE-104-
105

HE-45-
48 HE-94-
95 A.4.a Constraints Land Use Controls: While the element commits to revising minimum unit
sizes, it should evaluate other various
development standards for impacts
on housing costs, feasibility, and the
ability to achieve maximum densities.

This analysis should specifically
address minimum lot sizes, open
space requirements.

Key findings from the expanded analysis of
constraints in Appendix C Constraints are included in
Chapter 4. Pro grams H-D-6-b, H-D-6-c, H-D-6-e and
H-D-6-f are included to amend the Zoning regulations,
including the revisions highlighted in yellow,
specifically including amendment of minimum lot
sizes, coverage, open space and setback
requirements by December 2023:

Programs H-D-6-b, H-D-6-c, H-D-6-e, and H-D-6-f
are revised as follows:

H-D-6-b Minimize Zoning Constraints. Evaluate zoning
regulations that discourage the development of
diverse housing types, including smaller, more
affordable units and two- and three -bedroom units
suitable for families and children. Amend City codes,
including rescinding minimum floor areas in Chapter
H-D-6-b
H-D-6-c
H-D-6-e
H-D-6-f

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17.56, provide that man ufactured homes are
permitted in single- family districts, and other
amendments to encourage diverse housing types.

Responsible Agency: Community Development
Department, Planning Commission, City Council
Timeframe: Rescinded minimum floor areas in Chapter

17.56 and provided for manufactured homes by
January 2023 (see Appendix H); amend zoning
regulations to further encourage diverse housing types
by December 2024
Performance Metric(s): Number of City codes
amended
Funding Source: General Plan Maintenance Fund
H-D-6-c Amend Parking Requirements. Amend
parking requirements for multi-family housing as
necessary, including but not limited to setting a
maximum of two stalls per unit and reducing guest
parking requirements by 50%, to allow General Plan
densities and to reduce housing costs and provide
appropriate parking requirements for elderly,
developmentally disabled, or other special needs
populations.

Responsible Agency: Community Development
Department, Planning Commission, City Council
Timeframe: Report with recommendations to
Planning Commission and City Council by December

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H-D-6-e Multi-Family Objective Design Standards.

Amend the Zoning regulations, including but not
limited to R-3 and R-4, to include objective design
standards and objective approval findings for new
and redeveloped multi-family or mixed-use
developments to address building design as well as
provision of open space and recreational amenities,
including amendment of lot size, coverage, setbacks,
open space and other requirements to ensure the
densities allowed by the General Plan can be achieved
in compliance with the Housing Accountability Act.

Responsible Agency: Community Development
Department, Planning Commission, City Council
Timeframe: Adopt objective design standards and
amend zoning regulations by December 2023
Funding Source: General Plan Maintenance Fund

H-D-6-f SB9 Objective Design Standards. Amend
the Zoning and Subdivision regulations to include
objective design standards in compliance with SB9 to
allow additional housing units on single-family
parcels.

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Topic HCD Comment 4/24/23 (#2) Response
(italics = text in the Housing Element chapters or
appendices)
Amended
Program
Responsible Agency: Community Development
Department, Planning Commission, City Council
Timeframe: Amend zoning regulations by December
2024
Funding Source: General Plan Maintenance Fund

C-24

HE-52
C-23

HE-46
A.4.b Constraints Fees and Exaction: While the element
was revised to list planning fee
deposits, it must also list typical fees
for multifamily and single-family
developments and evaluate them for
impacts on housing development
costs.

Evaluation of fees was added to Appendix C and
Chapter 4. Typical fees for a typical multi-family and
single-family unit are provided and compared to other
jurisdictions in Table 7 and 8 of Appendix C:

Constraints.

A summary of the fees analysis is included in Chapter
4 and a section, “Fees Summary”, was added in
Appendix C noting that: Most, if not all, developers
consider any fee a significant constraint to the
development of afford able housing. Although the
various fees account for a significant portion of the
development cost, the fees collected are necessary to
pay for much needed infrastructure and to help
mitigate new growth throughout the city. Foster City’s
fees are higher tha n the median but within the
interquartile range for single- family and multi -family units in a small project but are significantly lower than the median and the quartile 1 for multi -family units in a large project. Impact fees are also charged to cover

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Program H-D-6-d, Development Impact Fee Waiver
is included.

HE-53 HE-47 A.4.c Constraints Zoning and Fees Transparency. While the element includes information
about processing times, it must also
clarify its compliance with new
transparency requirements for posting
all zoning and development standards
for each parcel on the jurisdiction’s
website pursuant to Government
Code section 65940.1(a)(1).

A statement was added on page HE-45 noting that
the City maintains public Information on the City’s
website to assist applicants, consistent with
Government Code Section 65940.1(a)(1)(B),
including information on fees, zoning and
development standards, application requirements,
fee reports, and nexus studies.

This information is provided at:
https://fostercity.org/commdev/page/residential-
development-standards-and-fees. Topics included on
this page are:
• Current Master Fees & Service Charges
Schedule
• Housing Affordability Requirements
• Zoning and Development Standards
• Fee and Nexus Studies
• Development Impact Fees
• Mitigation Fee Act Reports

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Topic HCD Comment 4/24/23 (#2) Response
(italics = text in the Housing Element chapters or
appendices)
Amended
Program
• Development Application Submittal
Requirements
HE-51-
53 C-25-29
HE-45-
47 C-23-28
HE-93-
94 A.4.d.1 Constraints Local Processing and Permit
Procedures: While the element
includes information about processing
times, it should also describe the
procedures for a typical single family
and multifamily development. The
analysis should address the approval
body, the number of public hearing if
any, approval findings and any other
relevant information. The analysis
should address impacts on housing
cost, supply, timing, and approval
certainty.

The element should also describe and
evaluate the findings for a conditional
use permit (CUP) if applicable to
typical single family and multifamily
developments that meet zoning
requirements.

Key findings on Permit Processing are included in
Chapter 4 and additional analysis regarding ‘local
processing and permit procedures’ is added to
Appendix C. In conclusion, Foster City’s development
and permitting process Is not a constraint to housing
development, (HE-45)
Typical procedures are described in Appendix C in
the section on “Process Overview”.

The procedures and timing for a typical single-family
and multi-family development is described in Table
14 and in the accompanying narrative.

Findings are listed.

Program H-D-6-a is revised as follows:

H-D-6-a Minimize Governmental Constraints. The City
will review the entire development process and
remove any governmental and regulatory constraints
to the production of affordable housing, including
streamlining the preliminary review process and to
H-D-6-a

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Topic HCD Comment 4/24/23 (#2) Response
(italics = text in the Housing Element chapters or
appendices)
Amended
Program
allow more types of projects to be approved at the
staff level. The City will: 1) engage with affordable
housing developers to identify governmental
constraints, 2) continue to evaluate and improve the
streamlined processing system to facilitate residential development, and 3) streamline 100% affordable
housing with a priority staff-level planning
entitlement process.

Responsible Agency: Community Development
Department, Public Works Department, Planning
Commission, City Council
Timeframe: Engage with affordable housing
developers by December 2024, amend zoning code to
streamline processing system by December 2025;
repeat in 2028
Performance Metric(s): Number of zoning
requirements, fees, processing timelines and review
procedures removed related to affordable housing
Funding Source: General Plan Maintenance Fund
Description of Conditional Use Permit, process and
findings is included in Appendix C. No Conditional
Use Permit is required for single-family in R-1 and R-
2 zones and multi-family dwellings in R-T, R-3, R-4,
and R-5 and mixed-use zones, regardless of height.

A conditional use permit for residential use is
required in C-2 district as this zone is meant for
general business.

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C-26 C-25-26 A.4.d.2 Constraints In addition, the element should clearly describe whether the PD process is
required or optional to applicants. If
required, the element should include
specific analysis of the impacts of
absence of fixed development
standards on housing supply (number
of units), cost, timing, feasibility and
approval certainty.

A more complete description was added to Appendix
C describing the PD process. The applicant can
choose to comply with the objective standards in the
base zoning or may request flexibility in those
standards. The PD combining district provides a
vehicle for encouraging flexibility in design standards and is not considered a constraint.

HE-105 HE-95 A.4.e Constraints Design Review. While Program H-D- 6-e (Multifamily) states it will study
design review, it must include a
specific commitment to address
identified constraints (i.e., lot size,
coverage, setbacks, open space).

Program H-D-6-e is revised as follows:

H-D-6-e Multi-Family Objective Design Standards.

Amend the Zoning regulations, including but not
limited to R-3 and R-4, to include objective design
standards and objective approval findings for new
and redeveloped multi-family or mixed-use
developments to address building design as well as
provision of open space and recreational amenities,
including amendment of lot size, coverage, setbacks,
open space and other requirements to ensure the
densities allowed by the General Plan can be
achieved in compliance with the Housing
Accountability Act.

H-D-6-e

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Topic HCD Comment 4/24/23 (#2) Response
(italics = text in the Housing Element chapters or
appendices)
Amended
Program
C-9-12 C-9-12 A.4.f Constraints Inclusionary Requirements: While the element was revised to state the
inclusionary requirements are feasible
based on a study, it should analyze
the requirements and its impacts
as potential constraints on the
development of housing for all
income levels and mandated
affordability levels.

Additional analysis of inclusionary requirements was
provided in Appendix C and Chapter 4. While
inclusionary zoning is intended to have a positive
impact on housing affordability by increasing the
supply of affordable units, it has the potential to add to the cost of market rate housing. In March 2022,
City adopted Below Market Rate Inclusionary
Program. The specific income level requirements
were based on an analysis of the financial feasibility
of inclusionary housing requirements utilizing market
data and cost information, as well as a comparison
with neighboring jurisdictions to ensure that the
requirements do not unduly constrain the production
of housing.

C-7-9 C-7-9 A.4.g Constraints Codes and Enforcement: While the element was revised to describe
which building code is enforced, it
must also describe the City’s code
enforcement process and
procedures (i.e. proactive or
complaint based) and analyze their
impact as potential constraints on
housing supply and affordability.

A new section on code enforcement was added to
Appendix C describing the code enforcement
process and procedures and analyzing for potential
constraints on housing supply and affordability. The
conclusion is that code enforcement is not a
constraint to housing supply or affordability.

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Topic HCD Comment 4/24/23 (#2) Response
(italics = text in the Housing Element chapters or
appendices)
Amended
Program
B.1 Housing
Programs
To address the program requirements
of Government Code section 65583,
subd. (c)(1-6), and to facilitate
implementation, programs should
include: (1) a description of the
City’s specific role in
implementation; (2) definitive
implementation timelines; (3)
objectives, quantified where
appropriate; and (4) identification
of responsible agencies and
officials. Programs to be revised
include the following:
(Note: comments and responses related to programs
have been ordered by program number.)

HE-99-
100
HE-90-
91 B.1.a Housing
Programs
Program H-D-2-a (Potential Re-Use
of Commercial Sites): While the
program will evaluate progress
midcycle, it must also commit to
implement the amendments with a
discrete timeline.

Program H-D-2-a is revised as follows:

H-D-2-a Potential Re-Use of Commercial Sites.

The City will reevaluate the land use designations for
the City's neighborhood shopping centers or other
commercial sites biannually beginning in 2026 or 1) if
approvals of development trigger the “no net loss”
requirements; 2) if the owner initiates redevelopment
of a commercial site, 3) any of the commercial
activities become not viable. If residential or mixed-
use developments are considered, criteria for
determining the appropriate housing types include:

1. The type of street (major, collector, etc.) which
would provide access to the site and levels of
H-D-2-a

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2. Availability of public services and facilities such as infrastructure (water, sewer, etc.), school capacity,
parks and open space.

3. The ability of the project to provide landscaping for parking areas, facade modulation and orientation
of buildings which would ensure privacy for, and
minimize impacts on, any adjacent single -family
homes, and reduce the perception of density in a
multi-family project.

4. Potential to provide housing for employees.

5. The ability of the project to provide neighborhood
serving commercial uses.

6. Potential to provide waterfront amenities and/or
waterfront commercial uses.

7. Maintaining a Sites Inventory that can
accommodate the RHNA.

Responsible Agency: Community Development
Department, Planning Commission, City Council
Timeframe: Biannual review and report to Planning
Commission and City Council with first report and
adoption of accompanying general plan amendments
and/or zoning actions by July 2026, or sooner if
circumstances require as outlined above.

Funding Source: General Plan Maintenance Fund

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Topic HCD Comment 4/24/23 (#2) Response
(italics = text in the Housing Element chapters or
appendices)
Amended
Program
HE-103 HE-93 B.1.b Housing
Programs
Program H-D-5-a (School Sites): The
program should consider actions
beyond meeting to have a
beneficial impact in the planning
period, including establishing
appropriate zoning, anticipated
outcomes, and discrete timelines.

Program H-D-5-a is revised as follows:

H-D-5-a School Sites. Pursue opportunities with the
public school district and private schools, including
but not limited to General Plan and PF zoning
amendments, to incorporate on-site residential uses
for faculty and staff along with educational facilities to increase the supply of school employee housing.

Target
Responsible Agency: Community Development
Department
Timeframe: Adopt General Plan and PF zoning
amendments and meet with San Mateo-Foster City
School District and at least one private school by
December 2024
Performance Metric(s): Adoption of zoning
amendments; A minimum of two meetings held with
public school districts and private schools.

Funding Source: General Fund

H-D-5-a
HE-103 HE-93-
94 B.1.c Housing
Programs
Program H-D-6-a (Minimize
Governmental Constraints): While the
program was revised to add a second
review, they program should
consider actions beyond reporting
recommendations and include how

Program H-D-6-a is revised as follows:

H-D-6-a Minimize Governmental Constraints. The
City will review the entire development process and
remove any governmental and regulatory constraints
to the production of affordable housing, including
H-D-6-a

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streamlining the preliminary review process and to
allow more types of projects to be approved at the
staff level. The City will: 1) engage with affordable
housing developers to identify governmental
constraints, 2) continue to evaluate and improve the
streamlined processing system to facilitate residential development, and 3) streamline 100% affordable
housing with a priority staff-level planning entitlement process.

HE-107 HE-97 B.1.d Housing
Programs
Program H-E-3-c (Cooperative
Ventures): The program should be
revised to include how often the
City will conduct proactive
outreach and discrete timing for
implementation.

Program H-E-3-c is revised as follows:

H-E-3-c Cooperative Ventures. Encourage
cooperative and joint ventures between owners,
developers, non-profit groups, and/or the City in the
provision of BMR housing.

Target: Ongoing through targeted outreach methods.

H-E-3-c

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Responsible Agency: Community Development
Department
Timeframe: Biannual with first outreach meeting by
June 2024.

Performance Metric(s): Number of cooperative
ventures under the program
Funding Source: General Fund

HE-110 HE-99 B.1.e Housing
Programs
Program H-F-1-a (Facilities and
Services for Special Needs): The
program should include actions for
persons with developmental
disabilities as well as discrete
timing of how often outreach will
occur.

Program H-F-1-a is revised as follows:

H-F-1-a Facilities and Services for Special Needs.

Support housing that incorporates facilities and
services to meet the health care, transit or social
service needs of households with special needs,
including seniors, extremely low-income households
and persons, farmworkers, people with
developmental disabilities, and persons with
disabilities through an expedited permit review
process. Proactively contact non-profit service
providers and developers for persons with disabilities
and other special needs groups on annual basis to
inquire about their needs and notify them about
funding opportunities, as they become available.

Responsible Agency: Community Development
Department
Timeframe: Establish expedited permit review
process and begin annual proactive outreach by
December 2023
H-F-1-a

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Topic HCD Comment 4/24/23 (#2) Response
(italics = text in the Housing Element chapters or
appendices)
Amended
Program
Performance Metric(s): Facilitate development of at
least one (1) new facility serving special needs
during the planning period.

Funding Source: General Plan Maintenance Fund

HE-114 HE-103 B.1.f Housing
Programs
Program H-F-2-d (Emergency Shelter
Zoning): The program must include
specific commitment to address
parking and other identified
constraints by a specified date.

Program H-F-2-d is revised as follows:

H-F-2-d Emergency Shelter Zoning. The City will
allow emergency shelters as provided in Chapter

17.82 that allows a year-round emergency shelter as
a permitted use in Neighborhood Business (C-1),
General Business (C-2), and at
churches/synagogues in the Public Facilities (PF)
Zoning District. The City will amend Chapter 17.82 as
necessary to comply with State law including AB
2339, including limiting parking requirements to not
require more parking than other residential or
commercial uses within the same zone and changing
the maximum number of beds to twenty-five (25),
upon adoption of the Housing Element.

Responsible Agency: Community Development
Department
Timeframe: Amend Chapter 17.82 upon adoption of
the Housing Element (see Appendix H).

Performance Metric(s): Number of emergency
shelters allowed
Funding Source: General Plan Maintenance Fund
H-F-2-d

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HE-59-
72 Append
ix C
HE-51-
63 Appendix
D
B.2.a Housing
Programs
As noted in Finding A3, the element
does not include a complete site
analysis, therefore the adequacy of
sites and zoning were not
established. Based on the results of a
complete sites inventory and analysis,
the City may need to add or revise
programs to address a shortfall of
sites or zoning available to encourage
a variety of housing types. In addition,
the element should be revised as
follows:

Additional analysis has been added to support the
adequacy of the sites and zoning. Many programs
have been revised as discussed below. There is not
a shortfall of sites. Zoning changes have been made
or are committed to encourage a variety of housing
types.

Append
ix H
Appendix
H
B.2.b Housing
Programs
Program H-D-1-b (General Plan and
Zoning Amendments): While the
program states that it was completed
in January 2023, the City should
demonstrate the rezones were
complete by submitting
documentation (e.g., resolution) to
HCD. Please be aware, if rezoning,
specifically for the lower-income
RHNA, is not completed by January
31, 2023, the element must include a
program(s) to rezone sites with
appropriate zoning and development
standards pursuant to Government
A summary of adopted zoning ordinances and
resolutions is included as a new Appendix H:

Program Implementation Prior to and Upon Adoption
of Housing Element. Complete copies of the adopted
ordinances and resolutions can be provided.

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HE-102 HE-93 B.2.c Housing
Programs
Program H-D-4-h (ADU Monitoring):

While the program commits to
evaluating alternative actions by the
end of 2026, it must commit to
specific alternative actions and
monitor production and
affordability of ADUs more than
once in the planning period (e.g.,
every two years).

Program H-D-4-h is revised as follows:

H-D-4-h ADU Monitoring. The City shall track new
ADUs (at single-family and multi-family sites) and
collect information on the use and affordability of
these units in each Annual Progress Report.

Biannually through the projection period (beginning in
2025), if determined that at least 50% units are not
meeting a lower-income housing need, the City shall
adopt additional incentives to facilitate ADUs.

Responsible Agency: Community Development
Department
Timeframe: Annual monitoring by April 1 as part of
Annual Progress Report; determination biannually
beginning in 2025
Performance Metric(s): Percentage of ADUs meeting
lower-income need
Funding Source: General Fund

H-D-4-h
B.3 Housing
Programs
As noted in Finding A4, the element
requires a complete analysis of
potential governmental constraints.

Depending upon the results of that
analysis, the City may need to revise

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HE
Page in
5/15/23
Redline
Version
HE Page
in
5/15/23
Clean
Version
No. in
HCD
Letter
4/24/23
Topic HCD Comment 4/24/23 (#2) Response
(italics = text in the Housing Element chapters or
appendices)
Amended
Program
or add programs and address and
remove or mitigate any identified
constraints. In addition, the element
should be revised as follows:

HE-104 HE-92 B.3.a Housing
Programs
Program H-D-6-c (Parking
Requirements): While the program
was revised, it should commit to
specific parking standards,
including guest parking
requirements, or ensure reductions
will not constraint housing
development and include a specific
timeframe to amend accordingly.

Program H-D-6-c is revised as follows:

H-D-6-c Amend Parking Requirements. Amend
parking requirements for multi-family housing as
necessary, including but not limited to setting a
maximum of two stalls per unit and reducing guest
parking requirements by 50%, to allow General Plan
densities and to reduce housing costs and provide
appropriate parking requirements for elderly,
developmentally disabled, or other special needs
populations.

Responsible Agency: Community Development
Department, Planning Commission, City Council
Timeframe: Report with recommendations to
Planning Commission and City Council by the end of
2024
Funding Source: General Plan Maintenance Fund

H-D-6-c
HE-104 HE-94 B.3.b Housing
Programs
Program H-D-6-b (Minimize Zoning
Constraints): While the element
commits to amend zoning for
manufactured homes and minimum
floor areas, it must commit and
timing to amend all listed and
necessary zoning amendments
listed in the program. In addition,

Program H-D-6-b is revised as follows:

H-D-6-b Minimize Zoning Constraints. Evaluate
zoning regulations that discourage the development
of diverse housing types, including smaller, more
affordable units and two- and three-bedroom units
suitable for families and children. Amend City codes,
including rescinding minimum floor areas in Chapter

H-D-6-b

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HE
Page in
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Redline
Version
HE Page
in
5/15/23
Clean
Version
No. in
HCD
Letter
4/24/23
Topic HCD Comment 4/24/23 (#2) Response
(italics = text in the Housing Element chapters or
appendices)
Amended
Program
manufactured housing should be
allowed as a single-family use in all
zones allowing single family
residential.

17.56, provide that manufactured homes are
permitted in single-family districts, and others
amendments to encourage diverse housing types.

Responsible Agency: Community Development
Department, Planning Commission, City Council
Timeframe: Rescinded minimum floor areas in
Chapter 17.56 and provided for manufactured homes
by January 2023 (see Appendix H); amend zoning
regulations to further encourage diverse housing
types by December 2024
Performance Metric(s): Number of City codes
amended
Funding Source: General Plan Maintenance Fund

HE-111 HE-100 B.3.c Housing
Programs
Program H-F-1-d (Reasonable
Accommodation): The program
should specifically commit to revising
the City’s reasonable accommodation
constraints with specific timing for
implementation.

Program H-F-1-d is revised as follows:

H-F-1-d Reasonable Accommodation. Utilize the
adopted Chapter 17.84, containing a review process
to provide individuals with disabilities reasonable
accommodation in rules, policies, practices, and
procedures that may be necessary to ensure equal
access to housing. The purpose of these procedures
and an ordinance is to provide a process for
individuals with disabilities to make requests for
reasonable accommodation in regard to relief from
the various land use, zoning, or building laws, rules,
policies, practices and/or procedures of the City.

H-F-1-d

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Update the City’s website to make information on
how to submit a request more accessible by
December 2023.

Responsible Agency: Community Development
Department
Timeframe: Amend Chapter 17.84 by December
2023. Update City’s website by December 2023,
implement as requests are made
Funding Source: General Plan Maintenance Fund

HE-112 HE-101-
102
B.3.d Housing
Programs
Program H-F-1-i (Community Care
Facilities): While the program states it
will revise how community care
facilities are allowed, it must commit
to allowing group homes objectively to
facilitate approval certainty similar to
other residential uses of the same
form. In addition, the program must
allow group homes in all residential
zones and should address spacing
requirements as a constraint on
housing for persons with disabilities.

Program H-F-1-i is revised as follows:

H-F-1-i Community Care Facilities. Amend the
City’s zoning regulations to expand the zoning
districts that allow community care facilities to
simplify and clarify definitions, permitted uses, and
processing procedures for residential care facilities
and group homes in all residential districts for
conformance with State law, including but not limited
to eliminating spacing requirements for persons with
disabilities, allowing group homes objectively to
facilitate approval certainty similar to other residential uses, and allow group homes in all residential
zones.

Responsible Agency: Community Development
Department, Planning Commission, City Council
Timeframe: Amend Municipal Code by the December

H-F-1-i

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HE-43-
46 B-139-
147
HE-39-
43 B-125-
133
B.4.a AFFH As noted in Finding A1, the element
requires a complete AFFH analysis.

Depending upon the results of that
analysis, the City may need to revise
or add programs. The element must
be revised to add goals and actions
based on the outcomes of a complete
analysis. Goals and actions must
specifically respond to the analysis
and to the identified and prioritized
contributing factors to fair housing
issues and must be significant and
meaningful enough to overcome
identified patterns and trends. Actions
must have specific commitment,
metrics, milestones, and geographic
targets as appropriate and must
address housing mobility
enhancement, new housing choices
and affordability in high opportunity
areas, place-based strategies for
community preservation and
revitalization and displacement
protection.

Based on the revised AFFH Analysis, the Summary
Matrix of Fair Housing Issues and Actions was
revised (Table 3-1 in Chapter 3 of the Housing
Element and Table 17 in Appendix B) and a new
Table 18 was added to Appendix B: AFFH Meaningful
Actions Matrix that links the specific programs to
AFFH issues.

Based on the revised AFFH analysis, the following
programs were revised, as discussed above:

H-D-4-a ADUs
H-D-4-h ADU Monitoring
H-E-9-b Small Housing Units
H-F-1-a Facilities and Services for Special Needs
H-F-1-d Reasonable Accommodation
H-F-1-i Community Care Facilities
H-F-2-d Emergency Shelter Zoning
H-F-2-e Low Barrier Navigation Centers
H-F-3-a Transitional and Supportive Housing Zoning
H-F-3-b Supportive Housing

H-D-4-a
H-D-4-h
H-E-9-b
H-F-1-a
H-F-1-d
H-F-1-i
H-F-2-d
H-F-2-e
H-F-3-a
H-F-3-b

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Attachment 2, Exhibit C
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HE
Page in
5/15/23
Redline
Version
HE Page
in
5/15/23
Clean
Version
No. in
HCD
Letter
4/24/23
Topic HCD Comment 4/24/23 (#2) Response
(italics = text in the Housing Element chapters or
appendices)
Amended
Program
HE-85-
116
HE-77-
105
Programs
Many programs were modified to include more
specific timeframes. Others that were modified to
include more specific performance metrics, but not
otherwise mentioned above, include:

H-C-3-d Facilitate Tenant Protection Act of 2019 (AB
1482)
H-D-4-g Multi-Family ADUs
H-E-1-a Existing Unit Purchase Program-
Opportunities for Supportive Housing
H-E-2-a Inclusionary 20% Requirements
H-E-2-b Affordable Housing Overlay Inclusionary
15% Requirement Including Extremely Low-Income
H-E-9-a Family Friendly Housing
H-E-9-b Small Housing Units
H-F-1-c Adaptable/Accessible Units for the Disabled
H-F-1-e Home Sharing for Special Needs Population
H-F-1-f Support Services for Special Needs
Population
H-F-1-g Extremely Low-Income Units for Special
Needs
H-F-1-h Age Friendly Initiative
H-G-1-a Non-Discrimination
H-G-2-a Anti-Discrimination Regulations
H-G-2-c Information Specific to Fair Housing
H-G-2-d Multi-Lingual Tenant Resources

H-C-3-d
H-D-4-g
H-E-1-a
H-E-2-a
H-E-2-b
H-E-9-a
H-E-9-b
H-F-1-c
H-F-1-e
H-F-1-f
H-F-1-g
H-F-1-h
H-G-1-a
H-G-2-a
H-G-2-c
H-G-2-d

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ATTACHMENT 2, EXHIBIT D
Draft Housing Element Update 2023-2031 dated 5-15-2023 (Redline) Available at: https://engagefostercity.org/13162/widgets/39130/documents/42769

5.1 Exhibit D of Attachment 2 - Draft 2023-2031 Housing Element dated 5-15-23 - Redline version

312

ATTACHMENT 2, EXHIBIT E
Draft Housing Element Update 2023-2031 dated 5-15-2023 (Clean)

Available at: https://engagefostercity.org/13162/widgets/39130/documents/42768

5.1 Exhibit E of Attachment 2 - Draft 2023-2031 Housing Element dated 5-15-23 - Clean version

313

ATTACHMENT 2, EXHIBIT F

AMENDMENT TO LAND USE AND CIRCULATION ELEMENT
Section 1: The Land Use Categories section of the Land Use and Circulation Element, pp. 3-16 – 3-19 (as amended through Resolution No., 2022-138), is hereby amended as follows:

Land Use Categories
Land Use Map. The Land Use Plan, Map 3.4, and the policy text of the Land Use Element of the General Plan are complementary; the written policies set forth the basic approach to be taken while the map shows the intended spatial applica tion of the written policies. The General Plan Land Use Map land use designations may be subject to change at the initiation of a land owner or the City, depending on City needs, environmental conditions and changes in surrounding land uses.

Sphere of Influence. Foster City's Sphere of Influence shall continue to be co-terminus with the City limits boundary. A Sphere of Influence is defined (Government Code Section 54774) as the ultimate probable physical boundaries and service area of a local agency.

Definitions of Land Use Categories. Land use categories are generalized groupings of land uses and titles that define a predominant land use type. All proposed projects must meet density and Floor Area Ratio standards for that type of use and other applicable development standards, such as height, setbacks and lot coverage, established by the City’s Zoning Ordinance.

Exceptions to these standards may be allowed in some instances as allowed by the Zoning Ordinance, consistent with the goals and policies of the F oster City General Plan. Some listed uses will be conditional uses under the Zoning Ordinance and may be allowed only in limited areas or under limited circumstances.

Residential Categories
Single-Family Residential. Allows up to 8 dwelling units per acre (du/ac). This is the single largest residential category, and single family homes are located in every residential neighborhood except one.

Two-Family Residential. Allows up to 10 13 dwelling units per acre. This designation recognizes the small percentage of existing duplex homes in the City. The designation has been applied to a small area in the northeastern portion of the City, on Comet Drive (Neighborhood #1). Duplexes can serve as a transition area betwe en traditional single family detached homes and higher density multi -family developments. The density range and zoning requirements have been established in recognition that duplexes are an existing housing type intermediate to single-family detached homes and townhomes. Duplexes should provide the outward appearance of a single- family neighborhood, but at densities closer to those of townhomes.

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Townhouse Residential. Allows up to 15 dwelling units per acre. Townhomes in Foster City generally function as attached single family homes and usually provide some private open space in addition to common areas.

Condominium Residential. Allows 15-35 dwelling units per acre. Condominium developments are usually constructed at a higher density than townhomes. Any open space areas are common to all residents.

Apartment Residential. Allows 20-35 dwelling units per acre. Apartment developments in Foster City generally provide the highest density living environment, although some apartment and condominium developments are very similar with respect to density and amenities.

Additional density is permitted above the density ranges described above pursuant to California Density Bonus Law, Chapter 17.86 Density Bonuses, and other incentives designed to provide affordable housing. See the Housing Element for more information.

Commercial and Industrial Categories
Town Center Commercial. This designation is reserved for the area located northwest of East Hillsdale Boulevard, bounded by Foster City Boulevard to the north and State Route 92 to the west. The area includes a 100-acre development known as Metro Center, in addition to Parkside Towers and other office developments. The Town Center area is intended to serve as Foster City’s downtown core and allows for a mix of uses, including residential, commercial office, retail, service and compatible research and development (R&D). R&D uses are considered compatible with this designation if project design (i.e., site planning, architecture, and landscape architecture) is consistent with nearby uses and functional or operational characteristics of a hazardous or nuisance nature can be mitigated or reduced to an acceptable level through design control.

Generally, R&D covers facilities for industrial, scientific, or technological research, product design, prototype production, development, and testing. The highest intensity uses in the City would b e allowed, with Floor Area Ratios (FAR) for office/R&D developments ranging from .55 to 2.0 FAR.

Town Center office developments located outside Metro Center, have lower FARs which range from 0.18 to 1.5 FAR. Residential developments range from Cityhomes t ownhouses at 15 units per acre to Metro Senior Apartments at 60 units per acre.

Neighborhood Commercial. Reserved for small neighborhood convenience shopping centers whose primary focus is servicing the immediate neighborhood. Although uses allowed in the centers are mostly limited to neighborhood serving uses, a percentage of the floor area of each center may be occupied by uses which are community serving in nature. In addition, the City will allow housing or a mix of housing and commercial development a t specifically designated “housing opportunity sites”, consistent with Housing Element Policies. FARs of neighborhood commercial centers generally range between .20 and .30 FAR.

Service Commercial. Includes a mix of uses providing general services. The ar ea bounded by Foster City Boulevard, East Hillsdale Boulevard, and State Route 92 is designated Service Commercial and contains a mix of research and development firms, storage and professional offices. Also located in this area are food establishments, including several fast food restaurants, and a community theatre (Hillbarn). Land use intensities vary greatly in this area, from relatively

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low FAR of .03 to .12 FAR for restaurant and gas station uses, to higher intensity office developments with FAR’s ranging from .20 to .98 FAR (although most developments fall in the lower end, .20 to .40 FAR, of this range).

Service Commercial with Housing. Includes a mix of service commercial, retail and residential uses. This designation has been applied to the Pilgrim Triton Master Plan area . This designation allows 20-60 dwelling units per acre for residential uses.

Apartment/Neighborhood Commercial. This designation allows a mixed use development including residential densities of 20-35 units per acre and the uses allowed by the Neighborhood Commercial designation. This designation has been applied to the Marlin Cove development, but could be applied to other sites in the future.

Waterfront Commercial. This designation allows only for commercial developme nt which is directly related to, and enhances the public use of, the waterfront without damaging environmental effects. Appropriate commercial uses would avoid impacting wetlands and could include restaurants, commercial recreation, marine-related retail and offices and marina berths. The site could also be used to expand the wetland areas in order to provide mitigation for off- site projects.

At the present time, only the proposed Foster City Marina site is designated for waterfront commercial uses.

Light Industrial. Includes wholesale facilities, storage warehouses and the manufacturing, processing, repairing, or packaging of goods. Emission of fumes, noise, smoke or other pollutants or nuisances are strictly controlled. A limited amount of general offi ce use is acceptable in this area provided the uses meet the requirements established for the M -1 (Light Industrial) zoning district. The M-1 zoning district is proposed to be amended to allow general office uses part of this element. FARs for developments in the industrial area range from .20 to .60 FAR.

Research/Office Park. Areas with this designation contain office, research and development, and manufacturing establishments whose operations are clean and quiet. Mixed -use projects which include some retail and residential uses in addition to office and research uses may, under certain conditions, be considered compatible with this designation. Such conditions include compatibility of uses and project design (land planning, architecture, etc.). Vintage Park, the Lincoln Centre area, the Mariners Golf site and the Bayside Towe rs development are all designated for Research/Office Park use. The intensity of development varies, with FARs generally ranging from .30 along Foster City Boulevard, to .44 for Bayside Towers to a campuswide average of .79 for the Gilead Campus within Vin tage Park. The intensity of development for the vacant Vintage Park sites is anticipated to have an FAR up to 1.0.

Chess/Hatch Office Research. Areas with this designation allow commercial, office, industrial, biotechnology and other such compatible uses, including vehicle parking in both parking structures and at -grade parking lots on the project site. Incompatible uses such as housing, schools, day care, and other uses serving primarily children are prohibited. Vertically and horizontally mixed-use developments that maximize the use of land, organize land uses and pedestrian/vehicular circulation in a safe, logical and functional manner and establish a safe, logical and functional design relationship with adjacent land uses is allowed within this designation. Uses must meet the requirements of Chapter 17.68, General Performance

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Standards, of Title 17, Zoning, of the Foster City Municipal Code. FARs for developments in this area would range from 0.6 to 1.55 FAR.

Other Categories.

Civic Center Mixed Use. This land use designation applies to the City -Owned 15-acre parcel between Civic Center Drive and Balclutha Drive, and Foster City Boulevard and Shell Boulevard and the Foster’s Landing site. The 15-acre site is parcel is the remaining piece of the Civic Center Master Plan and is planned for a focal point for the City, capitalizing on its proximity to Leo Ryan Park, the Recreation/Senior Center, the Library and the North Peninsula Jewish Campus. A plan for the site was endorsed by the City Council in 2011 and includes approximately 400 age - qualified dwelling units, consisting of a mix of for-sale units, rental apartments and assisted living units; 30,000 square feet of commercial space including restaurants and retail establishments; as well as a public use component including a neighborhood square designed to host public and private events, outdoor seating, a farmers market, art displays and entertainment events. This designation allows a range of 20-6035 dwelling units per acre in a multifamily setting, co mbined with a commercial component up to 0.5 FAR. Building heights will range from four to seven stories.

School. Includes only those properties owned by public school districts which have operational schools located on them.

Parks and Recreation. This designation is for improved open space lands whose primary purpose is recreation, and includes all local and regional parks.

Open Space. Open lands which are vacant of structures and improvements, and which are primarily maintained in their natural condi tion, are designated as open space. In some cases, maintained pathways or parking areas which enhance access to the open space areas are considered compatible with this designation. The pedway along the perimeter of the City which provides access to San Francisco Bay is designated open space, as well as a large parcel of land located north of East Third Avenue along the northern boundary of the City and adjacent to San Mateo City wetlands.

Public and Semi -Public. Reserved for uses which are generally public serving in nature, including religious institutions, private schools, government offices, and fire and police facilities.

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Section 2: Figure 3.4, Land Use, of the Land Use and Circulation Element, is hereby amended as follows as shown below in Parts 1 and 2:

Part 1: Foster’s Landing at 700 Bounty Drive (APN 094-980-070) designation to be changed from “Condominium Residential” to “Civic Center Mixed Use”

Foster’s Landing

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Part 2: 1601 Beach Park Boulevard (APN 094-211-550) designation to be changed from “Public/Semi-Public” to “Two Family Residential”

1601 Beach Park
Boulevard

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ORDINANCE NO. ______

AN ORDINANCE OF THE CITY OF FOSTER CITY AMENDING THE FOSTER CITY ZONING MAP TO IMPLEMENT THE RHNA 6 HOUSING ELEMENT FOR THE 2023- 2031 PLANNING PERIOD AND FINDING THE AMENDMENTS WITHIN THE SCOPE

OF THE EIR PREPARED FOR THE FOSTER CITY HOUSING AND SAFETY ELEMENTS UPDATE – RZ2023-0001

CITY OF FOSTER CITY
WHEREAS, there is a shortage of affordable housing in the City of Foster City (City) as documented in the RHNA 6 Housing Element for 2023-2031 Planning Period; and
WHEREAS, California Government Code Section 65580(d) states that all cities have a responsibility to use the powers vested in them to facilitate the improvement and development of housing and to make adequate provision for the housing needs of all economic segments of the community; and
WHEREAS, said zoning amendments will encourage the development and availability of housing opportunities to a broad range of households with varying income levels within the City as mandated by State Law, and is essential for the public welfare; and
WHEREAS, 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 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, the City, as lead agency under the California Environmental Quality Act (CEQA), has completed the Foster City Housing and Safety Elements Update

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Environmental Impact Report (EIR) (State Clearinghouse #2022010509) to evaluate the potential impacts of the project; and
WHEREAS, the Planning Commission conducted a public hearing to consider comments on the adequacy of the EIR on March 16, 2023; and WHEREAS, on May 4, 2023, the Planning Commission adopted Resolution No. P- 03-23 recommending that the City Council certify the Housing Element EIR and adopt CEQA findings, a Statement of Overriding Considerations, and a Standard Conditions of Approval and Mitigation Monitoring and Reporting Program (SCAMMRP); and WHEREAS, a Notice of Public Hearing was duly posted, published, and mailed for consideration at the Planning Commission meeting of May 4, 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 April 19, 2023 in the Foster City Islander, a newspaper of general circulation with the City of Foster City in an advertisement full page size; and, on said date, the Public Hearing was opened, held and closed; and WHEREAS, the Planning Commission of the City of Foster City 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 the Foster City Zoning Map 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 adopted Resolution P-04- 23 recommending approval of the amendments to the Zoning Map; and WHEREAS, a Notice of Public Hearing was duly posted, published, and mailed for consideration at the City Council meeting of May 22, 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 May 10, 2023 in the San Mateo Daily Journal, a newspaper of general circulation with the City of Foster City 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 the public hearing regarding the proposed ordinance to amend the Foster City Zoning Map 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, be it resolved that THE CITY COUNCIL OF THE CITY OF FOSTER CITY DOES ORDAIN AS FOLLOWS:

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

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Section 2. The City Council does hereby find and determine based upon the aforementioned Record as follows:
a) The Public Hearing was properly noticed and conducted in accordance with State law and the Foster City Municipal Code; and
b) 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 c) The proposed amendments to the Foster City Zoning Map are consistent with the General Plan, specifically the 2023-2031 Housing Element including Goal H-D Pursue Public and Private Redevelopment Opportunities to Increase the Supply of Housing and Program H-D-1-b General Plan and Zoning Amendments to Facilitate Housing on Housing Opportunity Sites in the Sites Inventory, which specifically calls for additional housing at the subject sites.

Section 3. That the City of Foster City Zoning Map is hereby amended to make the proposed amendments to the Foster City Zoning Map as presented in the attached Exhibits A through C for the three (3) sites as listed below, attached hereto and incorporated herein:

1. Foster’s Landing Apartments, 700 Bounty Drive, APN: 094-980-070; to change the zoning designation from R-3/PD Medium Density, Multiple-Family Residence District/Planned Development to CM/PD, Commercial Mix/Planned Development District as indicated in Exhibit A, attached hereto and incorporated herein; and

2. Eaves Apartments, 700 Marlin Avenue, APN: 094-341-010 to change the zoning designation from R-3 Medium Density, Multiple-Family Residence District to R- 4/PD, High Density, Multiple-Family Residence District/Planned Development as indicated in Exhibit B, attached hereto and incorporated herein; and

3. 1601 Beach Park Boulevard, APN: 094-211-550 to change the zoning designation from PF Public Facilities to R-2/PD Two-Family Residence District/Planned Development as indicated in Exhibit C, attached hereto and incorporated herein.

5.1 Attachment 3 - Ordinance Adopting a Zoning Map Amendment

322

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

Section 4. Taking Effect. This ordinance shall take effect thirty (30) days following its final passage.

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 22 nd day of May, 2023, and passed and adopted on the __ day of June, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

5.1 Attachment 3 - Ordinance Adopting a Zoning Map Amendment

323

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5.1 Attachment 3 - All Exhibits

326

ORDINANCE NO. ________

AN ORDINANCE OF THE CITY OF FOSTER CITY AMENDING THE FOSTER CITY

ZONING MAP TO MODIFY THE PREVIOUSLY APPROVED GENERAL
DEVELOPMENT PLAN FOR THE ±100-ACRE LANDS KNOWN AS METRO CENTER IN THE C-2/PD (GENERAL BUSINESS/PLANNED DEVELOPMENT) DISTRICT TO A C-2/PD (GENERAL BUSINESS/PLANNED DEVELOPMENT) DISTRICT WITH AN

AMENDED GENERAL DEVELOPMENT PLAN TO ALLOW COMMERCIAL -OR- MIXED COMMERCIAL/RESIDENTIAL USE UP TO 222 DWELLING UNITS AT 1010 METRO

CENTER BOULEVARD IN THE TOWN CENTER NEIGHBORHOOD (TC) AND FINDING

THE AMENDMENTS WITHIN THE SCOPE OF THE EIR PREPARED FOR THE FOSTER CITY HOUSING AND SAFETY ELEMENTS UPDATE – RZ2023-0002

CITY OF FOSTER CITY
WHEREAS, On August 2, 2021, the City Council adopted Ordinance No. 637, approving the most recent General Development Plan Amendment/Rezoning to the Metro Center General Development Plan, authorizing a revision to the zoning map (of which the GDP is a part) to modify the previously-approved GDP for the approximately 100-acre Metro Center area to allow for a change in the previously allowed uses to allow up to two (2) hotels with a total of approximately 298 guest rooms, including a seven-story, approximately 89’-0”-tall, ±83,187 square-foot limited-service hotel with 151 guest rooms on the southwest corner of Metro Center Boulevard and Shell Boulevards (APN 094-522- 350), on Lot 20 of Tract Map No. 91-83; and
WHEREAS, there is a shortage of affordable housing in the City of Foster City (“City”) as documented in the RHNA 6 Housing Element for the 2023-2031 Planning Period; and
WHEREAS, California Government Code Section 65580(d) states that all cities have a responsibility to use the powers vested in them to facilitate the improvement and development of housing and to make adequate provision for the housing needs of all economic segments of the community; and
WHEREAS, said zoning amendments will encourage the development and availability of housing opportunities to a broad range of households with varying income levels within the City as mandated by State Law, and is essential for the public welfare; and
WHEREAS, 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

5.1 Attachment 4 - Ordinance for 1010 Metro GDP Amendment

327

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 Furthering Fair Housing” by reducing segregation and concentration of poverty; and WHEREAS, the City, as lead agency under the California Environmental Quality Act (“CEQA”), has completed the Foster City Housing and Safety Elements Update Environmental Impact Report (“EIR”) for the Housing and Safety Elements Update; and

WHEREAS, the Planning Commission conducted a public hearing to consider comments on the adequacy of the EIR on March 16, 2023; and

WHEREAS, on May 4, 2023, the Planning Commission adopted Resolution No. P- 03-23 recommending that the City Council certify the Housing Element EIR and adopt CEQA findings, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program (SCAMMRP); and

WHEREAS, a Notice of Public Hearing was duly posted, published, and mailed for consideration at the Planning Commission meeting of May 4, 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 April 19, 2023 in the Foster City Islander, a newspaper of general circulation with the City of Foster City in an advertisement full page size; and, on said date, the Public Hearing was opened, held and closed; and WHEREAS, the Planning Commission of the City of Foster City 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 the Foster City Zoning Map 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 adopted Resolution P-05-23 recommending approval of the amendment to the Zoning Map; and
WHEREAS, a Notice of Public Hearing was duly posted, published, and mailed for consideration at the City Council meeting of May 22, 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 May 10, 2023 in the San Mateo Daily Journal, a newspaper of general circulation with the City of Foster City and, on said date, the Public Hearing was opened, held and closed; and

5.1 Attachment 4 - Ordinance for 1010 Metro GDP Amendment

328

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 the Foster City Zoning Map 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, be it resolved that THE CITY COUNCIL OF THE CITY OF FOSTER CITY DOES ORDAIN AS FOLLOWS:

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

Section 2. The City Council does hereby find and determine based upon the aforementioned Record as follows:
a) The Public Hearing was properly noticed and conducted in accordance with State law and the Foster City Municipal Code; and
b) 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 c) The proposed amendment to the Foster City Zoning Map is consistent with the General Plan, specifically the 2023-2031 Housing Element including Goal H-D Pursue Public and Private Redevelopment Opportunities to Increase the Supply of Housing and Program H-D-1-b General Plan and Zoning Amendments to Facilitate Housing on Housing Opportunity Sites in the Sites Inventory, which specifically calls for additional housing at the subject sites.

Section 3. That the Foster City Zoning Map is hereby amended to modify the previously approved General Development Plan ±100-acre lands known as Metro Center in the C-2/PD (General Business/Planned Development) district to a C-2/PD (General Business/Planned Development) district with an amended General Development Plan to allow commercial -or- mixed commercial/residential use up to 222 dwelling units at 1010 Metro Center Boulevard (APN 094-281-010) as shown in Exhibits A and B, attached hereto and incorporated herein.

Section 4. Severability. If any section, subsection, sentence, clause, or phrase of this chapter is held to be invalid or unconstitutional including by any court with jurisdiction, such decision shall not affect the validity of the remaining portions of this article. The City Council declares that it would have passed this article, and each section, subsection, clause, or phrase thereof, irrespective of the fact that any one or more other sections, subsections, clauses, or phrases may be declared invalid or unconstitutional.

5.1 Attachment 4 - Ordinance for 1010 Metro GDP Amendment

329

Section 4. Taking Effect. This ordinance shall take effect thirty (30) days following its final passage.

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 22nd day of May, 2023, and passed and adopted on the __ day of June, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

5.1 Attachment 4 - Ordinance for 1010 Metro GDP Amendment

330

EXHIBIT A

AMENDED GENERAL DEVELOPMENT PLAN FOR METRO CENTER
The C-2 /PD (General Business/Planned Development) District zoning of the subject ± 100-acre lands known as Metro Center (APNS: 094-051-010 through 094-051-790, 094- 052-010 through 094-052-380, 094-053-010 through 094-053-280, 094-522-160, 094- 522-170, 094-522-180, 094-522-190, 094-522-200, 094-522-210, 094-522-220, 094-522- 230, 094-522-240, 094-522-250, 094-522-260, 094-522-270, 094-522-290, 094-522- 320, 094-522-330, 094-522-340, 094-522-350, 094-522-360, 094-522-370, 094-524- 040, 094-524-050, 094-524-150, 094-524-160, 094-524-190, 094-525-020, 094-526- 040, 094-526-050, 094-526-060, 094-960-010 through 094-960-520, 094-970-010 through 094-970-670) is herewith limited and specified to allow development of up to 359,300 sq. ft. of retail commercial use(s); 1,588.231 sq. ft. of general office use(s); 45,000 sq. ft. of medical/ dental use(s); 312 townhouses; 60 senior citizen apartments; a 147-room courtyard style hotel with internal support coffee shop, lounge and meeting rooms and an approximately 89’-0”-tall, ±83,187 square-foot limited-service hotel with 151 guest rooms, for a total of two (2) hotels with a total of approximately 298 guest rooms; a 7,500 sq. f t. children's day care center; a one- acre (plus or minus) park /open space area; supporting day care and health /exercise and cafeteria facilities contained within office buildings, at-grade parking and parking structures, with internal site circulation to be provided by Metro Center Boulevard, Shell Boulevard and various internal roadways, all in accordance with the plans on file in the Planning Division of the Community Development Department.

As a result of this amendment as described above, the General Development Plan for the ± 100- acre Metro Center development is as follows:

The C-2 /PD (General Business/Planned Development) District zoning of the subject ± 100-acre lands known as Metro Center (APNS: 094-051-010 through 094-051-790, 094- 052-010 through 094-052-380, 094-053-010 through 094-053-280, 094-522-160, 094- 522-170, 094-522-180, 094-522-190, 094-522-200, 094-522-210, 094-522-220, 094-522- 230, 094-522-240, 094-522-250, 094-522-260, 094-522-270, 094-522-290, 094-522- 320, 094-522-330, 094-522-340, 094-522-350, 094-522-360, 094-522-370, 094-524- 040, 094-524-050, 094-524-150, 094-524-160, 094-524-190, 094-525-020, 094-526- 040, 094-526-050, 094-526-060, 094-960-010 through 094-960-520, 094-970-010 through 094-970-670) is herewith limited and specified to allow development of up to 359,300 sq. ft. of retail commercial use(s); 1,588.231 sq. ft. of general office use(s); 45,000 sq. ft. of medical/ dental use(s); 312 townhouses; 60 senior citizen apartments; 222 apartments or condominiums; a 147-room courtyard style hotel with internal support coffee shop, lounge and meeting rooms and an approximately 89’-0”-tall, ±83,187 square- foot limited-service hotel with 151 guest rooms, for a total of two (2) hotels with a total of approximately 298 guest rooms; a 7,500 sq. ft. children's day care center; a one- acre (plus or minus) park /open space area; supporting day care and health /exercise and cafeteria facilities contained within office buildings, at-grade parking and parking

5.1 Attachment 4 - Ordinance for 1010 Metro GDP Amendment

331

structures, with internal site circulation to be provided by Metro Center Boulevard, Shell Boulevard and various internal roadways, all in accordance with the plans on file in the Planning Division of the Community Development Department.

5.1 Attachment 4 - Ordinance for 1010 Metro GDP Amendment

332

EXHIBIT B
L I M I T E D -
S E R V I C E
H O T E L
8 9 - 0
H T .
± 8 3 , 1 8 7 S F
1 5 1 G U E S T
R O O M S
S T R U C T U R E D
P A R K I N G
4 - S T O R Y / 3 6 ' H T .
S T R U C T U R E D
P A R K I N G
4 - S T O R Y / 3 6 ' H T .
V I S A I V
6 S T O R Y
1 6 9 , 3 7 2 G L S F
V I S A I I I
6 S T O R Y
1 3 8 , 8 5 9 G L S F
C O S T C O
V I S A
P A R K
S T R U C T U R E D
P A R K I N G
4 - S T O R Y / 3 6 '
H T .
S T R U C T U R E D
P A R K I N G
4 - S T O R Y / 3 6 '
H T .
V I S A I I
1 2 - S T O R Y /
1 6 5 ' H T .
2 9 5 , 0 0 0 G S F
V I S A I
1 2 - S T O R Y /
1 6 5 ' H T .
2 9 5 , 0 0 0 G S F
S T R U C T U R E D
P A R K I N G
S T R U C T U R E D
P A R K I N G
S A F E WA YV A R I O U S R E T A I L ( F O R M E R L Y L O N G ' S )
B A N K O F
A M E R I C A
9 1 9 E .
H I L L S D A L E
4 - S T O R Y
1 4 0 , 0 0 0 G S F
9 8 9 E .
H I L L S D A L E
B L V D .
4 - S T O R Y
1 4 0 , 0 0 0 G S F
WE L L S
F A R G O B A N K
( F O R M E R L Y
F R E S H
C H O I C E )
C O U R T Y A R D
B Y M A R R I O T T
C O M M E R C I A L / R E T A I L
1 - S T O R Y / 2 0 ' - 3 0 ' H T . 8 , 0 0 0 G S F F O R M E R
O R C H A R D
S U P P L Y
H A R D WA R E
K I N D E R C A R E
M E T R O
T O WE R
2 0 - S T O R Y /
2 7 2 ' H T .
C I T Y H O M E S
WE S T
C I T Y H O M E S
E A S T
T H E M A R K E T P L A C E A T M E T R O C E N T E R A P T S . /
T O WN H O M E S
5 - S T O R Y / 7 6 '
H T .
A P T S . /
T O WN H O M E S
5 - S T O R Y / 7 6 '
H T .

COMMERCIAL -OR- COMMERCIAL
AND UP TO 222 APTS OR

CONDOMINIUMS
The C-2 /PD (General Business/Planned Development) District zoning of the subject ± 100-acre lands known as Metro Center (APNS: 094-051-010 through 094-051-790, 094-052-010 through 094-052-380, 094-053-010 through 094-053-280, 094-522-160, 094-522-170, 094-522-180, 094-522-190, 094-522-200, 094-522-210, 094-522-220, 094-522-230, 094-522-240, 094-522-250, 094-522-260, 094-522-270, 094-522-290, 094-522-320, 094-522-330, 094-522-340, 094-522-350, 094-522-360, 094-522-370, 094-524-040, 094-524-050, 094-524-150, 094-524-160, 094-524-190, 094-525-020, 094-526-040, 094-526-050, 094-526-060, 094-960-010 through 094-960-520, 094-970-010 through 094-970-670) is herewith limited and specified to allow development of up to 359,300 sq. ft. of retail commercial use(s); 1,588.231 sq. ft. of general office use(s); 45,000 sq. ft. of medical/ dental use(s); 312 townhouses; 60 senior citizen apartments; 222 apartments or condominiums; a 147-room courtyard style hotel with internal support coffee shop, lounge and meeting rooms and an approximately 89’-0”-tall, ±83,187 square-foot limited-service hotel with 151 guest rooms, for a total of two (2) hotels with a total of approximately 298 guest rooms; a 7,500 sq. f t. children's day care center; a one- acre (plus or minus) park /open space area; supporting day care and health /exercise and cafeteria facilities contained within office buildings, at- grade parking and parking structures, with internal site circulation to be provided by Metro Center Boulevard, Shell Boulevard and various internal roadways, all in accordance with the plans on file in the Planning Division of the Community Development Department.

5.1 Exhibit B of Attachment 4 - General Development Plan Graphic for Metro Center

333

ORDINANCE NO. ________

AN ORDINANCE OF THE CITY OF FOSTER CITY ADOPTING VARIOUS TEXT AMENDMENTS TO TITLE 17, ZONING, OF THE FOSTER CITY MUNICIPAL CODE INCLUDING AMENDMENTS TO CHAPTER 17.14 R-2, TWO-FAMILY RESIDENCE DISTRICT AND CHAPTER 17.82, EMERGENCY SHELTERS, LOW BARRIER

NAVIGATION CENTERS, AND SUPPORTIVE HOUSING, TO IMPLEMENT THE RHNA 6 HOUSING ELEMENT FOR THE 2023-2031 PLANNING PERIOD AND COMPLY WITH

RECENT CHANGES IN STATE LAW AND FINDING THE AMENDMENTS WITHIN THE

SCOPE OF THE EIR PREPARED FOR THE FOSTER CITY HOUSING AND SAFETY ELEMENTS UPDATE – RZ2023-0003

CITY OF FOSTER CITY
WHEREAS, there is a shortage of affordable housing in the City of Foster City (City) as documented in the RHNA 6 Housing Element for the 2023-2031 Planning Period; and
WHEREAS, California Government Code Section 65580(d) states that all cities have a responsibility to use the powers vested in them to facilitate the improvement and development of housing and to make adequate provision for the housing needs of all economic segments of the community; and
WHEREAS, said zoning amendments will encourage the development and availability of housing opportunities to a broad range of households with varying income levels within the City as mandated by State Law, and is essential for the public welfare; and
WHEREAS, the staff report dated May 4, 2023, incorporated herein by reference, explains the relevant requirements of State law that require corresponding changes in the Foster City Municipal Code in order for the City’s regulations to be compliant with State law; and
WHEREAS, 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

5.1 Attachment 5 - Ordinance Adopting Zoning Text Amendments

334

WHEREAS, the City, as lead agency under the California Environmental Quality Act (CEQA), has completed the Foster City Housing and Safety Elements Update Environmental Impact Report (EIR) (State Clearinghouse #2022010509) to evaluate the potential environmental impacts of the project; and
WHEREAS, the Planning Commission considered the proposed zoning text amendments to Title 17, Zoning, at a noticed Planning Commission public hearing on May 4, 2023; and
WHEREAS, a Notice of Public Hearing was duly posted, published, and mailed for consideration at the Planning Commission meeting of May 4, 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 April 19, 2023 in the Foster City Islander, a newspaper of general circulation with the City of Foster City 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 attachment thereto presented as part of the agenda for the public hearing regarding the proposed ordinance to amend Title 17, Zoning, of the Foster City Municipal Code as referenced above including any and all timely submitted correspondence, all information submitted at or prior to the public hearing, and all public comment and testimony presented at the public hearing (collectively, the Record); and WHEREAS, a Notice of Public Hearing was duly posted, published, and mailed for consideration at the City Council meeting of May 22, 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 May 10, 2023 in the San Mateo Daily Journal, a newspaper of general circulation with the City of Foster City 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 the public hearing regarding the proposed ordinance to amend the Foster City Zoning Map 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, be it resolved that THE CITY COUNCIL OF THE CITY OF FOSTER CITY DOES ORDAIN AS FOLLOWS:

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

Section 2. The City Council does hereby find and determine based upon the aforementioned Record as follows:

5.1 Attachment 5 - Ordinance Adopting Zoning Text Amendments

335

a) The Public Hearing was properly noticed and conducted in accordance with State law and the Foster City Municipal Code; and
b) 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 c) 3. The proposed amendments to Title 17, Zoning, of the Foster City Municipal Code are consistent with the General Plan, specifically the 2023-2031 Housing Element including Goal H-D Pursue Public and Private Redevelopment Opportunities to Increase the Supply of Housing, Program H-D-1-b General Plan and Zoning Amendments to Facilitate Housing on Housing Opportunity Sites in the Sites Inventory, Goal H-F Address Housing for Special Needs Populations, and Policy H-F-2 Housing for the Homeless, and Program H-F-2-d Emergency Shelter Zoning.

Section 3. The City Council does hereby amend Title 17, Zoning of the Foster City Municipal Code as presented in the attached Exhibits A and B, as listed below and attached hereto and incorporated herein:
•Exhibit A: Chapter 17.14 R-2, Two-Family Residence District •Exhibit B: Chapter 17.82 Emergency Shelters, Low Barrier Navigation Centers, and Supportive Housing
Section 4. Severability. If any section, subsection, sentence, clause, or phrase of this chapter is held to be invalid or unconstitutional including by any court with jurisdiction, such decision shall not affect the validity of the remaining portions of this article. The City Council declares that it would have passed this article, and each section, subsection, clause, or phrase thereof, irrespective of the fact that any one or more other sections, subsections, clauses, or phrases may be declared invalid or unconstitutional.

Section 4. Taking Effect. This ordinance shall take effect thirty (30) days following its final passage.

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.

5.1 Attachment 5 - Ordinance Adopting Zoning Text Amendments

336

This ordinance was introduced and read on the 22 nd day of May, 2023, and passed and adopted on the __ day of June, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

5.1 Attachment 5 - Ordinance Adopting Zoning Text Amendments

337

EXHIBIT A

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:

Minimum Building Site Minimum Lot
Area Per
Minimum Yards Required Maximum
Height
Maximum
Coverage

5.1 Exhibit A of Attachment 5 - Chapter 17.15 R-2, Two-Family Residence District

338

Permitted Permitted
Minimum
Width
(ft.)
Minimum
Area
(sq. ft.)
Dwelling Unit
(sq. ft.)
Front
(ft.)
Side
(ft.)
Rear
(ft.)
Stories Ft. (%)

40 5,000 3,5003,350 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)

5.1 Exhibit A of Attachment 5 - Chapter 17.15 R-2, Two-Family Residence District

339

ATTACHMENT 5, EXHIBIT B
Amendments to Chapter 17.82 Emergency Shelters, Low-Barrier Navigation Centers, and Supporting Housing
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.

17.82.040 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

5.1 Exhibit B of Attachment 5 - Chapter 17.82, Emergency Shelters, Low Barrier Navigation Centers, and Supportive Housing

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of Division 1 of Planning and Zoning Law commencing with California Government Code Section 65660.

C. The purpose of the supportive housing regulations is to ensure that supportive housing is constructed and operated in a matter consistent with the requirements and allowances of state law, specifically Article 11 of Chapter 3 of Division 1 of Planning and Zoning Law commencing with Government Code Section 65650.

17.82.030 Permit Required.

A. Low-Barrier Navigation Centers. A planning permit is required prior to establishment of any low-barrier navigation center project. Within 30 days of receipt of an application for a Low- Barrier Navigation Center development, the local jurisdiction shall notify a developer whether the developer’s application is complete pursuant to Section 65943. Within 60 days of receipt of a completed application for a Low Barrier Navigation Center development, the local jurisdiction shall act upon its review of the application.

B. Supportive Housing. A planning permit is required prior to establishment of any supportive housing project meeting either of the following criteria (1. and 2., below). The permit shall be a ministerial action without discretionary review or a hearing. For projects up to 50 units, action shall be taken within 60 days of a complete application being filed; for projects with more than 50 units, action shall be taken within 120 days.

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

2. Supportive housing projects in non-residential zones where all the following requirements are met:
a. Units within the development are subject to a recorded affordability restriction for 55 years.
b. One hundred percent of the units, excluding the manager unit(s), within the development are dedicated to lower income households and are receiving public funding to ensure affordability of the housing to lower income Californians.

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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

17.82.040 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.

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

32. 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, provided that these standards do not require more parking than other residential or commercial uses within the same zone. 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.

43. 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.

54. 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.

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

76. 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

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provided if no alternative housing is available. Information on length of client stays shall be provided to the community development director upon request.

87. 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.

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

5.1 Exhibit B of Attachment 5 - Chapter 17.82, Emergency Shelters, Low Barrier Navigation Centers, and Supportive Housing

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sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

3. Code Compliant. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

4. Homeless Management Information System. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

C. Supportive housing projects shall comply with all the following standards:

1. The project may be required to comply with any written objective standards or policies also required of multifamily developments in the same zone.

2. The applicant shall submit a plan for providing supportive services, to include all the following items:
a. Documentation that supportive services will be provided on-site. b. The name of the proposed entities that will provide supportive services. c. The proposed funding sources for the services provided. d. Proposed staffing levels

3. No minimum parking requirements shall be required for the units occupied by supportive housing residents for projects located within one-half mile of a public transit stop.

17.82.050 Definitions.

The following definitions shall pertain to this section only.

A. Lower Income Households. This term shall have the same meaning as defined in Section 50079.5 of the Health and Safety Code.

B. Supportive Services. Services would include, but are not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.

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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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ATTACHMENT 6,
Final EIR (link); available at:

Available at: https://engagefostercity.org/13162/widgets/39130/documents/41950 and https://engagefostercity.org/13162/widgets/39130/documents/39860

5.1 Attachment 6 - Final EIR (link)

347

ATTACHMENT 7,
DRAFT EIR (link); available at:

Available at: https://engagefostercity.org/13162/widgets/39130/documents/39860

5.1 Attachment 7 - Draft EIR (link)

348

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

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

A
pril 24, 2023

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) Revised Draft Housing Element

T
hank you for submitting the City of Foster City’s (City) revised draft housing element update received for review on February 24, 2023. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. In addition, HCD considered comments from G.H. Dababo, David Kellogg, South Bay YIMBY, and Housing Leadership Council of San Mateo County pursuant to Government Code section 65585, subdivision (c).

T
he revised draft housing element addresses many statutory requirements described in HCD’s October 3, 2022 review; however, additional revisions are necessary to substantially 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.

A
s a reminder, the City’s 6th cycle housing element was due January 31, 2023. As of today, the City has not completed the housing element process for the 6th cycle. The City’s 5th cycle housing element no longer satisfies statutory requirements. HCD encourages the City to revise the element as described above, adopt, and submit to HCD to regain housing element compliance.

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 make prior identified sites available or accommodate the regional housing needs allocation (RHNA) shall be completed no later than one year from the statutory deadline pursuant to Government Code sections 65583, subdivision (c) and 65583.2, subdivision (c). 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

5.1 Attachment 8 - HCD Comment Letter dated 4-24-23

349

Marlene Subhashini, Director

Page 2 ends

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 these rezones are completed.

P
ublic participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City must continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available while considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.

S
everal federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.

F
or your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.

H
CD appreciates the hard work and dedication of the housing element team in preparation of the City’s housing element and looks forward to receiving the City’s adopted housing element. If you have any questions or need additional technical assistance, please contact Anthony Errichetto, of our staff, at [email protected].

S
incerely,

P
aul McDougall
Senior Program Manager

E
nclosure

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City of Foster City’s 6th Cycle Revised Draft Housing Element Page 1 April 24, 2023

APPENDIX

CITY OF FOSTER CITY

T
he following changes are necessary to bring the City’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.

H
ousing element technical assistance information is available on HCD’s website at https://www.hcd.ca.gov/planning-and-community-development/hcd-memos. Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at https://www.hcd.ca.gov/planning-and-c
ommunity-development/housing-elements/building-
blocks and includes the Government Code addressing State Housing Element Law and other resources.

A. Housing Needs, Resources, and Constraints

1. A
ffirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).)

Integration and Segregation: The element must be revised to include a regional analysis (e.g., comparing the City as a whole to the broader region) for familial status. The element should include local data and other relevant factors such as historical zoning and land use potentially resulting in a lack of access to housing choices and affordability.

Disparities in Access to Opportunity: The element should analyze whether there is equal access to jobs for residents of all economic segments, in addition to comparing employment trends in the City to patterns in surrounding areas (e.g., lower economic scores in areas bordering the City).

Disproportionate Housing Needs Including Displacement: The element should include a regional analysis of cost burden. In addition, the element must include a local (patterns within the City) and regional analysis of overcrowding. The element must also include an analysis of where local substandard housing exists geographically.

Identified Sites and Affirmatively Furthering Fair Housing (AFFH): The element must include a locational analysis (neighborhood by neighborhood) of the regional housing needs allocation (RHNA) by income group and evaluate the impact of identified sites in each area. The element should include an analysis of impacts on existing patterns of socio-economic concentrations and whether sites exacerbate conditions and identify further program actions that will be taken to promote equitable quality of life throughout the community (e.g., anti-displacement and place-based community revitalization strategies).

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2. I nclude an analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).)

Overpayment: While the element was revised to include extremely low-income households that are overpaying for housing, the element must quantify and analyze the number of lower-income households overpaying for housing by tenure (i.e., renter and owner) and add or modify policies and programs as appropriate.

3. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov.

Code, § 65583, subd. (a)(3).)

Progress in Meeting the RHNA: While the element was revised to address affordability of the number of new units built or pending since June 30, 2022, it must also address the availability of projects in the planning period. The element should describe the status, any barriers to development, and other relevant factors to demonstrate their availability in the planning period. Lastly, because of the significance of pending and approved projects to meet the City’s RHNA, the element should include a program to monitor progress including specific commitments to annually monitor production and affordability of pipeline projects and if necessary, evaluate whether build out will occur as anticipated in the sites inventory at least twice in the planning period. The Program should also commit to identify additional sites by specific dates if necessary.

Sites Inventory: The element must clarify whether the listed capacity is the total capacity (maximum allowable) or includes realistic capacity assumptions.

Realistic Capacity: While the element provides assumptions for buildout on each site, support must be provided for assumptions. Many of the sites are on parcels with existing apartment developments. Many of the sites assumes 100 percent of base zoned density for the multifamily units in the Beach Cove, Franciscan, Harbor Cove, Sand Cove, Lagoons, Eaves Apartments, and Shadow Cove sites. The analysis must provide substantial support and demonstrate a significant history of developing at maximum density. In addition to the information provided, the listing should include all multifamily development by allowable density and use of any exceptions to allowable densities. The analysis should also utilize gross allowable densities. Alternatively, the element could rescale assumptions (e.g., 80 percent of maximum allowable densities) or utilize minimum densities. Lastly, the element must clarify whether it is assumed that projects will have to utilize the planned development (PD) process and therefore have additional discretionary requirements.

Suitability of Nonvacant Sites: While the element states there is general interest from some property owners and existing leases will not prevent additional residential development, the discussion should address any barriers to redevelopment in the planning period. In addition, the 1010 Metro Center site states that realistic capacity was reduced

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City of Foster City’s 6th Cycle Revised Draft Housing Element Page 3 April 24, 2023
by 50 percent because 100 percent commercial is allowed. The element should discuss likelihood of residential development in addition to the letter of interest from the owner.

In
addition, if the housing element relies upon nonvacant sites to accommodate more than 50 percent of the RHNA for lower-income households, the housing element must demonstrate existing uses are not an impediment to additional residential development and will likely discontinue in the planning period. (Gov. Code, § 65583.2, subd. (g)(2).) Absent findings (e.g., adoption resolution) based on substantial evidence, the existing uses will be presumed to impede additional residential development and will not be utilized toward demonstrating adequate sites to accommodate the RHNA.

Zoning for a Variety of Housing Types:

• Emergency Shelters: While the element stated that there is sufficient capacity in the PF, C-1, and C-2 zones, it must demonstrate the permit processing, development, and management standards for emergency shelters are objective and encourage and facilitate the development of, or conversion to, emergency shelters. In particular, the element describes a maximum of ten beds, a maximum stay of 60 days, and parking requirements that do not appear to comply with statutory requirements pursuant to Government Code section 65583, subdivision (a)(4)(A). A program must be added to specifically address these constraints. • Low Barrier Navigation Centers: The element was revised to state that low barrier navigation centers are allowed in the same zones as emergency shelters. Low Barrier Navigation Centers shall be a use by-right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses pursuant to Government Code section 65660. The element must demonstrate compliance with this requirement and include programs as appropriate. • Transitional and Supportive Housing: While the element states transitional and supportive housing is allowed in all zones allowing residential uses where certain criteria are met, it must describe whether these criteria are in addition to what is required of other residential uses. If different, the element must include a program to address the constraint.
• Single Room Occupancy (SRO) Units: While the element added Program H-E-9-b (Small Housing Units), the program must clarify which zones will allow SROs, development standards and how they will be permitted.
• Accessory Dwelling Units (ADUs): While the element includes Program H-D-4-a ADUs, it must commit to updating the City’s ADU ordinance to comply with state law within a specific timeframe (e.g., 6 months).

4. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures... (Gov. Code, § 65583, subd. (a)(5).)

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Land Us e Controls : While the element commits to revising minimum unit sizes, it should evaluate other various development standards for impacts on housing costs, feasibility, and the ability to achieve maximum densities. This analysis should specifically address minimum lot sizes, open space requirements.

Fees and Exaction: While the element was revised to list planning fee deposits, it must also list typical fees for multifamily and single-family developments and evaluate them for impacts on housing development costs.

Zoning and Fees Transparency: While the element was revised to reference fees on the City’s website, it must also clarify its compliance with new transparency requirements for posting all zoning and development standards for each parcel on the jurisdiction’s website pursuant to Government Code section 65940.1(a)(1).

Local Processing and Permit Procedures: While the element includes information about processing times, it should also describe the procedures for a typical single family and multifamily development. The analysis should address the approval body, the number of public hearing if any, approval findings and any other relevant information. The analysis should address impacts on housing cost, supply, timing, and approval certainty. The element should also describe and evaluate the findings for a conditional use permit (CUP) if applicable to typical single family and multifamily developments that meet zoning requirements.

I
n addition, the element should clearly describe whether the PD process is required or optional to applicants. If required, the element should include specific analysis of the impacts of absence of fixed development standards on housing supply (number of units), cost, timing, feasibility and approval certainty.

Design Review: While Program H-D-6-e (Multifamily) states it will study design review, it must include a specific commitment to address identified constraints (i.e., lot size, coverage, setbacks, open space).

Inclusionary Requirements: While the element was revised to state the inclusionary requirements are feasible based on a study, it should analyze the requirements and its impacts as potential constraints on the development of housing for all income levels and mandated affordability levels.

Codes and Enforcement: While the element was revised to describe which building code is enforced, it must also describe the City’s code enforcement process and procedures (i.e. proactive or complaint based) and analyze their impact as potential constraints on housing supply and affordability.

B. Housing Programs

1. I
nclude a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are

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ongoing, such that there will be beneficial impacts of the programs within the planning per
iod, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element... (Gov. Code, § 65583, subd. (c).)

T
o address the program requirements of Government Code section 65583, subd. (c)(1-6), and to facilitate implementation, programs should include: (1) a description of the City’s specific role in implementation; (2) definitive implementation timelines; (3) objectives, quantified where appropriate; and (4) identification of responsible agencies and officials.

Programs to be revised include the following:

•
Program H-D-2-a (Potential Re-Use of Commercial Sites): While the program will evaluate progress midcycle, it must also commit to implement the amendments with a discrete timeline.
• Program H-D-5-a (School Sites): The program should consider actions beyond meeting to have a beneficial impact in the planning period, including establishing appropriate zoning, anticipated outcomes, and discrete timelines. • Program H-D-6-a (Minimize Governmental Constraints): While the program was revised to add a second review, they program should consider actions beyond reporting recommendations and include how constraints will be identified and removed with discrete timing.
• Program H-E-3-c (Cooperative Ventures): The program should be revised to include how often the City will conduct proactive outreach and discrete timing for implementation.
• Program H-F-1-a (Facilities and Services for Special Needs): The program should include actions for persons with developmental disabilities as well as discrete timing of how often outreach will occur.
• Program H-F-2-d (Emergency Shelter Zoning): The program must include specific commitment to address parking and other identified constraints by a specified date.

2. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)

A
s noted in Finding A3, the element does not include a complete site analysis, therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. In addition, the element should be revised as follows:

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• Program H-D-1-b (General Plan and Zoning Amendments): While the program states that it was completed in January 2023, the City should demonstrate the rezones were complete by submitting documentation (e.g., resolution) to HCD.

Please be aware, if rezoning, specifically for the lower-income RHNA, is not completed by January 31, 2023, the element must include a program(s) to rezone sites with appropriate zoning and development standards pursuant to Government Code sections 65583, subdivision (c)(1), and 65583.2, subdivisions (h) and (i).

•
Program H-D-4-h (ADU Monitoring): While the program commits to evaluating alternative actions by the end of 2026, it must commit to specific alternative actions and monitor production and affordability of ADUs more than once in the planning period (e.g., every two years).

3. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities.

The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).)

A
s noted in Finding A4, the element requires a complete analysis of potential governmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints.

In addition, the element should be revised as follows:

•
Program H-D-6-c (Parking Requirements): While the program was revised, it should commit to specific parking standards, including guest parking requirements, or ensure reductions will not constraint housing development and include a specific timeframe to amend accordingly.

•
Program H-D-6-b (Minimize Zoning Constraints): While the element commits to amend zoning for manufactured homes and minimum floor areas, it must commit and timing to amend all listed and necessary zoning amendments listed in the program. In addition, manufactured housing should be allowed as a single-family use in all zones allowing single family residential.

•
Program H-F-1-d (Reasonable Accommodation): The program should specifically commit to revising the City’s reasonable accommodation constraints with specific timing for implementation.

•
Program H-F-1-i (Community Care Facilities): While the program states it will revise how community care facilities are allowed, it must commit to allowing group homes objectively to facilitate approval certainty similar to other residential uses of the same form. In addition, the program must allow group homes in all residential zones and should address spacing requirements as a constraint on housing for persons with disabilities.

5.1 Attachment 8 - HCD Comment Letter dated 4-24-23

356

City of Foster City’s 6th Cycle Revised Draft Housing Element Page 7 April 24, 2023

4. P romote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics... (Gov. Code, § 65583, subd. (c)(5).)

A
s noted in Finding A1, the element requires a complete AFFH analysis. Depending upon the results of that analysis, the City may need to revise or add programs. The element must be revised to add goals and actions based on the outcomes of a complete analysis.

Goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Actions must have specific commitment, metrics, milestones, and geographic targets as appropriate and must address housing mobility enhancement, new housing choices and affordability in high opportunity areas, place-based strategies for community preservation and revitalization and displacement protection.

5.1 Attachment 8 - HCD Comment Letter dated 4-24-23

357

RESOLUTION NO. P- 01 -23

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FOSTER CIT Y

RECOMMENDING CITY COUNCIL ACCEPTANCE OF THE GENERAL PLAN ANNUAL PROGRESS REPORT FOR 2022

CITY OF FOSTER CITY

WHEREAS, California Government Code Section 65400 requires that after the legislative body has adopted all or part of a General Plan, the planning agency shall review an annual report on the status of the General Plan progress and it s implementation and provide the annual progress report to the legislative body; and

WHEREAS, the City has made significant progress in implementing the programs contained in the City’s General Plan, including the following significant accomplishments in 2022:

 Housing Element
 Future Housing Element Updates – In May of 2022, the City released its draft Housing Element and received comments back from HCD on October 3, 2022.

The letter recommends revisions needed to comply with the State Housing Element Law and the City continues to work on finalizing the 20 23-2031 Housing Element Update. The new Housing Element is expected to be adopted in mid-2023 following the completion of the Environmental Impact Report (EIR). (H-A-1-c)
 Pilgrim/Triton Workforce Housing – On July 28, 2022, a total of 22 units received a Temporary Certificate of Occupancy. On August 10, 20 22 the City purchased 22 Workforce Housing Units in order to address the ne eds of first responders, public employees, and teachers in the very low, low , and moderate-income households in order to make it possible for public servants to live near where they work. The waiting list for available units are now closed and as of December 31, 2023, 12 of the 22 units are occupied.  Post BMR Expiration Rent Agreement – In 2020, the City worked with Essex Properties on an agreement to set aside approximately $800,000 in rental assistance for the tenants at Foster's Landing to extend the af fordability of the units for another year and prevent homelessness. This was made possible by a 50/50 split between Essex and the City to cover the differenc e between the tenant paid rent and market rate rent for the below-market rate tenants at Foster's Landing affected by the expiration of the affordable housing covenants.

City Council approved the Post BMR Expiration Rent Agreement on September 18, 2020 and in 2021, the City, in partnership with Essex Prope rties, provided approximately $454,626.94 in rental subsidies. In 2022, the City staff worked with Housing Industry Foundation (HIF) to provide ten (10) tena nts with Emergency Subsidy while they explored relocation options. As of December 31, 2022, a total of nine (9) tenants remain on-site and in the program. The City plans to continue implementing the program for the years 2023 - 2024. (H-C-5- b City Rental Assistance Program).
 Cooperation with Other Agencies – On January 14, 2021, the City submitted an application for the San Mateo County Grant of Permanent Loca l Housing Allocation (PLHA) Funds. The $643,636 grant will be used to assist low-income DocuSign Envelope ID: E70FD0FA-C4DC-477F-9BB7-D46E4D014FD9

5.1 Attachment 9 - Planning Commission Resolutions P-3-23 through P-7-23, without Exhibits

358

Resolution No. P- 01 -23

tenants facing displacement and finding housing based on their specific needs and financial circumstances. The City was awarded the grant to provide the BMR residents of Foster’s Landing with relocation and case mana gement services and rental assistance. On September 1, 2021, the City and the County of San Mateo Department of Housing executed an Agreement to provide funds for the City's Emergency Relocation Assistance and Rent Subsidi es Program.

In 2022, the City staff worked with HIF to provide ten (10) ten ants with Emergency Subsidy while they explored relocation options. As of December 31, 2022, a total of nine (9) tenants remain on site and in the program. The City plans to continue implementing the program for the years 2023 - 2024. (H-A-3 and H-C-5-a)
 Private Development of Affordable Housing – Inclusionary Requir ement – On March 7, 2022, City Council approved an ordinance to add a new Chapter

17.90, Below Market Rate Inclusionary Housing Program to establish objective standards for inclusionary housing; an ordinance to add Chapter 17.92, Affordable Housing Overlay Combining District; an ordinance to amend certain zoning maps to zone certain properties within the AHO Combining District, and; an ordinance to adopt a BMR Housing in-lieu fee. Inclusionary units were included in all new housing developments in the RHNA 5 cycle, i ncluding the various phases of Pilgrim Triton and the Alma Point Senior Apar tments in Foster Square.
 Community Outreach – In 2022, the City launched a number of community outreach initiatives. (H-A-3-a Community Outreach). For the Hou sing Element update, the City engaged in extensive community outreach, inclu ding the following:
• Community engagement website: In February 2022, the City laun ched an updated community engagement website, including a combinatio n of tools from Bang The Table and MapSocial, to provide opportun ities for community engagement and feedback on the Housing Element Update.
• A Housing Preferences and Priorities survey was publicized by the City and available on the City’s website from February 23, 2022, until March 28, 2022.
• Numerous Joint City Council and Planning Commission Study Ses sions were held, including March 2, 2022, April 21, 2022, May 17, 202 2 and November 15, 2022, on Housing Element Update.
 Housing unit production – The City issued building permits for four (4) ADUs (accessory dwelling units) and one (1) single family residence in 2022. As of June 30, 2022, 832 new housing units were completed, including 89 very low- income (60% of RHNA), 50 low-income (57% of RHNA), 14 moderate (18% of RHNA) and 679 above-moderate units. (H-A-1-a Annual Tracking of Housing Activity & H-A-1-b Construction of New Units).
 Land Use & Circulation Element
In 2022, the City launched a number of initiatives to address land use & circulation.  System Monitoring – In April 2022, the construction of the permanent DocuSign Envelope ID: E70FD0FA-C4DC-477F-9BB7-D46E4D014FD9

5.1 Attachment 9 - Planning Commission Resolutions P-3-23 through P-7-23, without Exhibits

359

Resolution No. P- 01 -23

implementation of the TRPP (Dynamic Signage for Traffic Relief Pilot Program – CIP 301-694) was completed. (LUC-F-1-a)
 Periodic Monitoring of Land Uses Throughout the City In 2022, the Planning Commission approved a restaurant/retail pavilion at 1065 East H illsdale.

Furthermore, in 2023, three Use Permits (UP2021-0015 for Centur y Plaza, UP2021-0023 for 388 Vintage Park Drive, and UP2021-0036 for Par kside Towers) were approved for Research & Development (R&D) uses. Pa rkside Towers and Century Plaza projects are potential future conversi ons with the flexibility to maintain office space. The project at 388 Vintag e Park Drive is for the removal of retail to allow for R&D use. Planning Commission recommended approval to City Council of the Gilead Master Campus program fo r the reallocation of 250,000 square feet of office to lab space with in their campus. (LUC-C-12-a)
 Green Building Guidelines and Incentives – On October 3, 2022 the City Council passed Resolution 2022-119, entering into contract with Integrated Design 360 to provide outreach to public and stakeholders to de velop Reach Codes. The City of Foster City also continues to offer residents who install solar photovoltaic technology (solar PV) a $ 1,000 rebate on qualifyi ng systems. In 2022, nine (9) households qualified and received this rebate in centive. From 2016 through 2022, a total of 89 rebate applications were compl eted and granted. (LUC-H-1-a)
 Climate Action Plan – In 2022, the City hired consultants to conduct “whole community” outreach in support of an update to the Climate Acti on Plan. The City also reinstated a permanent ten-member Citizens Sustainabi lity Advisory Committee to support the climate action planning process and lo ng-term implementation. (LUC-H-2-a)
 Parks Facilities Plan – The City Council approved a contract with Group 4 Architecture to help lead the effort to rebuild the Foster City Recreation Center.

A Planning Commissioner was selected for the Joint Parks and Recreation/Planning Commission Committee and full design discus sion will begin the first quarter of 2023. (LUC-L-5-a)
 Wastewater Systems Improvement – Foster City is working with the City of San Mateo to construct improvements at the jointly owned wastew ater treatment plant (WWTP). Startup and commissioning of new treatment facilities are targeted to be completed by fall 2023, followed by the retr ofit of existing facilities and commissioning of the integrated WWTP by fall 202 4. (LUC-L-13- a).
 Parks and Open Space Element
 Special Events – In 2022, Summer Days returned for a three-day festival featuring carnival rides, music, food trucks, and a car show. (PC-y).  Parks Facilities Plan and Improve Facilities – On November 21, 2022, marking a major step forward for a key project, the City Counci l unanimously approved hiring Group 4 Architecture to help lead the effort to rebuild the Foster City Recreation Center. Under terms of the consultant agreement, Group 4 will oversee efforts such as project management, community outreach, conceptual DocuSign Envelope ID: E70FD0FA-C4DC-477F-9BB7-D46E4D014FD9

5.1 Attachment 9 - Planning Commission Resolutions P-3-23 through P-7-23, without Exhibits

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Resolution No. P- 01 -23

design refinement, design development documents, use permit and construction documents, furniture and equipment selection, sign age design, bidding and construction support, and record documents. (LUC-L-5-a & PC-d)

 Conservation Element
 Lagoon Water Quality – In 2021, additional water quality testing was conducted due to the geese creating high bacteria levels and the records were made available in 2022. (C-f).
 Local Hazard Mitigation Plan & Safety Element
 Local Hazard Mitigation Plan (LHMP) Update – The City Council adopted an updated LHMP on December 13, 2021. The information in the LHMP will provide a basis for updates to the Safety Element due in 2023 with the Housing Element Update 2023-31.
 Levee Protection Planning and Improvements – In July 2020, the City awarded a contract for construction to Shimmick Construction. Construction is ongoing and is anticipated to be completed in January 2024. The Levee Project is designed to be resilient to the year 2050-2080. (S-A-2-a)  Crime Prevention/Education – In 2022, the Police Department continued to provide a variety of crime prevention programs to educate and i nvolve the community. (S-D-4-a).
• Social Media – In 2022, social media was used to provide crime alerts, crime prevention tips, traffic information and safety t ips to the FC community. Residential and Commercial Crime Prevention Through Environmental Design (CPTED) surveys were conducted. • Coffee with a Cop forum was held on May 19, 2022.
• National Night Out was celebrated August 2, 2022 to build relationships with the Foster City community.
• Open House was held on October 1, 2022. Scheduled tours of the communication center, booths setup to allow people to try on SW AT gear, and officers allowing members of the public to sit in a p atrol vehicles/motorcycles are provided at the Open House in order to give transparent information to the public regarding different funct ions of the Police Department.
• In 2022, Drake, the Service Dog, attended 64 events where he provided a comforting and calming presence to people in need, greeted citizens, and strengthened bonds, relationships, and trust.  AB 1743 and AB 2094 Reporting
 In 2022, three (3) housing development applications were recei ved that would result in new units. One of the three (3) projects required dis cretionary action for a proposed 420 units and the other two (2) were ministerial (ADUs).

Additionally, there are three (3) additional building permits t hat were applied for in 2021 but finalized and approved in 2022. Pursuant to AB 2094, the City approved three (3) units at very low income level, one (1) unit at low income level, and 13 units at above moderate level.

DocuSign Envelope ID: E70FD0FA-C4DC-477F-9BB7-D46E4D014FD9

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361

Resolution No. P- 01 -23

WHEREAS, the Planning Commission considered and reviewed the Ge neral Plan Annual Progress Report at the Planning Commission Regular Meeting on February 16, 2023.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Foster City, has reviewed and investigated the General Plan Ann ual Progress Report in conformance with Government Code § 65400(a) and based on facts and analysis in the Staff Report, written and oral testimony, and exhibits presented reco mmends that the City Council accept the Annual Progress Report on the General Plan for 2022 as attached hereto.

PASSED AND ADOPTED as a Resolutio n of the City of Foster City P lanning Commission at the Regular Meeting thereof held on February 16, 2023 by the following vote:

AYES, COMMISSIONERS: Bronitsky, Haddad, Jagtiani, Venkat, and Chair Adams NOES, COMMISSIONERS:

ABSENT, COMMISSIONERS:

ABSTAIN, COMMISSIONERS:
_____________________
EVAN A. ADAMS, CHAIR
ATTEST:
____________________________

SOFIA MANGALAM, SECRETARY

DocuSign Envelope ID: E70FD0FA-C4DC-477F-9BB7-D46E4D014FD9

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362

R
ESOLUTION NO. P- 02 -23

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FOSTER CIT Y

RECOMMENDING TO THE CITY COUNCIL THAT THE PROJECTS BEING CONSID ERED IN THE FISCAL YEAR (FY) 2023-2024 AND/OR FIVE-YEAR CAPITAL IMPRO VEMENT

PROGRAM (CIP) ARE CONSISTENT WITH THE FOSTER CITY GENERAL PLAN AND SHOULD BE ACCEPTED FOR INCLUSION IN THE FY 2023-2024 AND FIVE Y EAR CIP,

RESPECTIVELY AND FIND THAT THE ACTION IS EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15061(B)(3) AND 15262 OF THE

CEQA GUIDELINES

CITY OF FOSTER CITY PLANNING COMMISSION
WHEREAS, Sections 65300 and 65400 of the California Government Code require cities to prepare, implement, and monitor the status of the General Plan; and WHEREAS, Section 65400 of the California Government Code requires that the planning agency (Planning Commission) of a city make recommendations to the legislative body (City Council) regarding reasonable and practical means for putting into effect the General Plan in order that it will serve as a pattern and guide for the orderly and p hysical growth and development of the city and as a basis for the efficient expenditure of its fu nds relating to the subjects of the General Plan, the measures recommended may include capital budgets; and WHEREAS, Section 65401 of the California Government Code allows cities to review the Capital Improvement Program of the city for its consistency with the General Plan; and WHEREAS, Section 65403 of the California Government Code requir es that the city planning agency (Planning Commission) review and report to the City Council on the consistency of the proposed capital improvement projects with the adopted General Plan or parts thereof; and WHEREAS, pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act adopted by the Secretary of Resources , the Capital Improvement Program is categorically exempt from the California Environment al Quality Act, in that it can be seen with certainty that there is no possibility that recommendation of consistency of the CIP with the General Plan and inclusion of the proposed projects in the Fiscal Year (FY) 2023-2024 and Five-Year CIP will have a significant effect on the environment ; and review of the CIP does not involve approval of any specific project that may have a signif icant effect on the environment.

Each project of the CIP will be evaluated, and, as applicable, the appropriate level of environmental analysis conducted; and
WHEREAS, Section 15262 of the Guidelines for the California Env ironmental Quality Act adopted by the Secretary of Resources includes “Feasibility and Planning Studies” as ministerially exempt from the California Environmental Quality Act; and WHEREAS, the Five-Year Capital Improvement Program is a feasibi lity study to fund various City/EMID projects and is not legally binding on future City/EMID actions; and WHEREAS, the Five-Year Capital Improvement Plan is composed of forty-one (41) projects in six (6) categories (Building, Parks, Stormwater/Lag oon, Streets, Water and Wastewater), as set forth in Exhibit A, attached hereto; and DocuSign Envelope ID: F8181218-36AA-485D-A3D8-156F6C306345

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Resolution No. P- 02 -23

WHEREAS, engineering and environmental studies will be prepared after each project is included in the Five-Year Capital Improvement Program and prior to project plan approval or actual funding by the City Council/EMID Board or plans being se nt out to bid by the City/EMID; and

WHEREAS, all proposed capital improvement projects have been re viewed by the Community Development Department for their consistency with the adopted City of Foster City General Plan; and

WHEREAS, the Planning Commission did duly consider the item at a Public Meeting on April 6, 2023.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, ba sed on facts and analysis in the staff report, written and oral testimony, and exhibits presented, finds that:

1. The approval of this Resolution is exempt under CEQA pursuant t o Section 15061(b)(3) and 15262 of the CEQA Guidelines.

2. The Planning Commission’s review of the new proposed projects to be considered by the City Council for inclusion in the Fiscal Year (FY) 2023-2024 an d/or the Five-Year Capital Improvement Program was held in conformance with, and meets the requirements of, Sections 65400, 65401, and 65403 as provided in the California Government Code.

3. All new projects proposed, specifically as listed in the attach ed Exhibit A, are consistent with the adopted City of Foster City General Plan and will furt her the City’s ability to implement the General Plan.

4. Where necessary, the General Plan will be amended in conformance with applicable State law prior to actually approving specific project construction p lans, or funding or bidding any project that is inconsistent with it.

5. The requirements of the Californi a Environmental Quality Act wi ll be met prior to final construction plan approval, funding, or bidding of any proposed capital improvement project.

BE IT FURTHER RESOLVED that the Planning Commission finds that the capital improvements projects being considered for Fiscal Year 2023-202 4 and/or for inclusion in the Five-Year Capital Improvement Program are consistent with the adopted Foster City General Plan and recommends to the City Council inclusion of these projects in the Fiscal Year 2023-2024 and Five-Year Capital Improvement Program, as set forth in Table A in Exhibit A, attached hereto and incorporated herein.

DocuSign Envelope ID: F8181218-36AA-485D-A3D8-156F6C306345

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Resolution No. P- 02 -23

PASSED AND ADOPTED by the Planning Commission of the City of Fo ster City at a Regular Meeting thereof held on April 6, 2023, by the following vote:

AYES, COMMISSIONERS: Haddad, Venkat, and Chair Jagtiani

NOES, COMMISSIONERS:

ABSTAIN, COMMISSIONERS:

ABSENT, COMMISSIONERS: Bronitsky

___________________

RAVI JAGTIANI, CHAIR

ATTEST:

____________________________

SOFIA MANGALAM, SECRETARY

DocuSign Envelope ID: F8181218-36AA-485D-A3D8-156F6C306345

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365

RESOLUTION NO. P- 03 -23

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FOSTER C ITY

RECOMMENDING CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE FOSTER CITY HOUSING AND SAFETY ELEMENTS UPDATE;

RECOMMENDING ADOPTION OF ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS; AND ADOPTING A STANDARD CONDITIONS O F APPROVAL AND MITIGATION MONITORING AND REPORTING PROGRAM – EA20 21- 0004

CITY OF FOSTER CITY PLANNING COMMISSION

WHEREAS, the California Government Code Section 65300 et. seq. requires every city and county in California to adopt a general plan for its l ong-range development, and further, to periodically update that Plan to reflect current conditions and issues; and WHEREAS, the City of Foster City has prepared an updated Housi ng Element and an updated Safety Element and associated general plan and zoning amendments as required by California Government Code Section 65300 et. seq.; and

WHEREAS, the Housing Element update includes analysis of exist ing and projected housing needs and updates goals, policies, objectives, and impl ementation programs for the preservation, improvement, and development of housing for all income categories; and

WHEREAS, the updated Housing Element identifies sites on which housing development is allowed at sufficient densities to accommodate a specific number of units at various levels of affordability, pursuant to the Regional Housing Needs Allocation (RHNA) set forth by the Association of Bay Area Governments (ABAG); and

WHEREAS the updated Safety Element is intended to comply with state law through updates to address: public safety risks and create a unique set of goals, policies, and implementation actions that address these risks; evacuation; climate adaptation and resiliency strategies; and coordination with the Local Hazard Mitigation Plan (LHMP); and

WHEREAS, the proposed updates of the Housing Element and Safet y Element and the associated General Plan, Zoning Ordinance and Zoning Map amendments are referred to collectively as the Housing and Safety Elements Update project (“Project”); and

WHEREAS, the Project requires discretionary approvals from the City, including adoption of resolutions amending the General Plan to update the Housing Element, update the Safety Element, update the Land Use and Circulation Element including the Land Use Map, adoption of ordinances amending the City’s Zoning regulati ons (Foster City Municipal Code Title 17) and the City’s Zoning Map; and

WHEREAS, pursuant to Public Resources Code Section 21067 of th e California Environmental Quality Act (Pub. Resources Code, Section 21000 et seq.) (“CEQA”), Section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, S ection 15000 et seq.), the City is the lead agency for the Project; and
DocuSign Envelope ID: C06C3363-22B8-479E-B6D1-D6A37B83549C

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366

Resolution No. P- 03 -23
EA2021-0004

WHEREAS, the City of Foster City, in accordance with the requirements of the CEQA, the State CEQA Guidelines adopted by the Secretary of Resources , and the City of Foster City Environmental Review Guidelines, has prepared an Environmental Impact Report (“EIR”) which analyzes the potential environmental impacts of the propo sed project and identifies recommended measures to reduce potential impacts (SCH #20220105 09, EA2021-0004); and

WHEREAS, the City issued a Notice of Preparation (NOP) of an EI R for the project and circulated the NOP to each responsible agency, trustee agen cy, the Office of Planning and Research (“OPR”), and interested parties, including members of the public who had requested such notice, for the required 30-day public review pe riod commencing on January 26, 2022 and ending on February 26, 2022; and

WHEREAS, on February 17, 2022, a Public Scoping Session, availa ble for remote participation via the internet, was held in conjunction with th e Planning Commission meeting to further solicit comments on the scope of the Draft EIR; and

WHEREAS a Draft EIR was prepared by Urban Planning Partners, Inc. and circulated by the City for the required 45-day public review period commen cing on February 16, 2023 and ending on April 2, 2023; and

WHEREAS, on February 16, 2023, the City issued a Notice of Avai lability (NOA) of the Draft EIR and initiated a 45-day public review and comment period, in accordance with requirements of CEQA and provisions of the State CEQA Guidelines, forwarded the Draft EIR to the State Clearinghouse for distribution to those State agen cies having discretionary approval of, or jurisdiction by law over, natural resources affected by the Project; and

WHEREAS, the City provided notice to all interested persons and agencies inviting comments on the Draft EIR in accordance with the provisions of CEQA, the State CEQA Guidelines and the City of Foster City Environmental Review Guidelines; and

WHEREAS, on March 16, 2023, the Planning Commission held a public meeting also accessible remotely via the Zoom Teleconference video platform to receive comments on the adequacy of the Draft EIR; and

WHEREAS, the City received oral comments from five Planning Com missioners and none from individual members of the public during the March 16, 2023 public meeting; and

WHEREAS, pursuant to State CEQA Guidelines Section 15086, the C ity consulted with and requested comments from all responsible and trustee ag encies, other regulatory agencies, and others during the public review and comment period; and

WHEREAS, the City received 15 letters or emails from individual members of the public during the 45-day Draft EIR public review and comment period; and

WHEREAS the City has prepared a Final EIR, consisting of the co mments received during the 45-day public review and comment period on the Draft EIR, written responses to those comments, and revisions to the Draft EIR. For the purposes of this Resolution, EIR shall refer to the Draft EIR, as revised by the Final EIR, together w ith all the other sections of the Final EIR; and

DocuSign Envelope ID: C06C3363-22B8-479E-B6D1-D6A37B83549C

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367

Resolution No. P- 03 -23
EA2021-0004

WHEREAS, a Notice of Public Hearing was duly posted and publish ed on April 19, 2023 for consideration of the Final EIR dated April 2023 at the Planning Commission meeting on May 4, 2023, and, on said date, the Public Hearing was opened, held and closed; and

WHEREAS, the City of Foster City Planning Commission has review ed and considered the proposed project, all written correspondence, ve rbal testimony, staff reports, and supporting documents and reports prepared, and the informat ion contained in the Final EIR; and

WHEREAS, copies of the Final EIR and other documents and materi als which constitute the records of the proceedings upon which this decis ion is based are available for public review on the City of Foster City website (https://engagefostercity.org/housing-element) and from the custodian of these records, namely, the Community Development Department, located at City Hall, 610 Foster City Boulevard, Foster City; and

WHEREAS, the City has not received any comments or additional information that constituted substantial new information requiring recirculation of the EIR under Public Resources Code Section 21092.1 or State CEQA Guidelines Section 15088.5; and

WHEREAS, all required public notices and public hearings were duly given and held according to law; and

WHEREAS, the EIR identified certain potentially significant ad verse effects on the environment caused by the proposed Project; and

WHEREAS, the Planning Commission specifically finds that where more than one reason for approving the proposed Project and rejecting alternatives and suggested mitigation measures is given in its findings or in the record, and where m ore than one reason is given for adopting the Statement of Overriding Considerations, the Pl anning Commission would have made its recommendation on the basis of any one of those reasons; and

WHEREAS, the Planning Commission desires, in accordance with C EQA, to declare that, despite the potential for significant environmental effec ts that cannot be substantially lessened or avoided through the adoption of feasible mitigation measures or feasible alternatives, there exist certain overriding economic, social, and other considerations for approving the proposed Project that the Planning Commission believes justify the occurrence of those impacts; and

WHEREAS, all the requirements of CEQA and the State CEQA Guide lines have been satisfied by the City in the EIR, which is sufficiently detaile d so that all of the potentially significant environmental effects of the proposed Project have been adequately evaluated.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, b ased on the facts and analysis in the Final EIR, all written and oral testi mony, and evidence submitted in connection with the Final EIR and exhibits, finds and recommend s that the City Council find that:

1. The foregoing recitals are true and correct, and they are he reby incorporated by reference into this Resolution.

DocuSign Envelope ID: C06C3363-22B8-479E-B6D1-D6A37B83549C

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EA2021-0004

2. The Final EIR, including documents incorporated by reference , including the information contained therein prior to adoption of this Resolut ion, has been reviewed and considered by the Planning Commission; and

3. The Final EIR has been completed in accordance with CEQA, th e State CEQA Guidelines, and the City of Foster City Environmental Review Guidelines; and

4. The Final EIR adequately describes the environmental impacts of the proposed project; and

5. The Final EIR reflects the City’s independent judgment and a nalysis.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Foster City does hereby recommend that the City Cou ncil certify the Final EIR prepared by Urban Planning Partners, LLC as complete and adequate and make the findings with respect to the proposed Project’s significant effects on the environmental as identified in the EIR, as required under Sections 15091, 15092, and 15093 of the State CEQA Guidelines and adopted the Statement of Overriding Considerations as set f orth in Exhibit A, attached hereto and incorporated herein and the Standard Conditions of A pproval and Mitigation and Monitoring Reporting Program (SCAMMRP) as set forth in Exhibit B, attached hereto and incorporated herein.

DocuSign Envelope ID: C06C3363-22B8-479E-B6D1-D6A37B83549C

5.1 Attachment 9 - Planning Commission Resolutions P-3-23 through P-7-23, without Exhibits

369

Resolution No. P- 03 -23
EA2021-0004

PASSED AND ADOPTED as a Resolut ion of the Planning Commission a t a Regular Meeting held on May 4, 2023, by the following vote:

AYES, COMMISSIONERS: Haddad, Venkat, and Chair Jagtiani

NOES, COMMISSIONERS: Bronitsky

ABSENT, COMMISSIONERS:

ABSTAIN, COMMISSIONERS:

___________________

RAVI JAGTIANI, CHAIR

ATTEST:

____________________________

SOFIA MANGALAM, SECRETARY
DocuSign Envelope ID: C06C3363-22B8-479E-B6D1-D6A37B83549C

5.1 Attachment 9 - Planning Commission Resolutions P-3-23 through P-7-23, without Exhibits

370

RESOLUTION NO. P- 04 -23

RESOLUTI

ON OF THE PLANNING COMMISSION OF THE CITY OF FOSTER CIT Y

RECOMMENDING THE CITY COUNCIL ADOPT A GENERAL PLAN AMENDMENT TO REPEAL THE 2015-2023 HOUSING ELEMENT AND ADOPT THE HOUSING ELEMENT OF THE GENERAL PLAN FOR THE PERIOD OF 2023-2031 INCLUDING POLICIES AND PROGRAMS

TO AFFIRMATIVELY FURTHER FAIR HOUSING, AND RELATED AMENDMENTS T O THE

LAND USE AND CIRCULATION ELEMENT IN COMPLIANCE WITH STATE HOUSI NG

ELEMENT LAW AND FINDING THE AMENDMENTS WITHIN THE SCOPE OF THE E I R PREPARED FOR THE FOSTER CITY HOUSING AND SAFETY ELEMENTS UPDATE - GP2020- 0002 AND GP2022-0001

CITY OF FOSTER CITY
WHEREAS, California Government Code Sections 65300, et. seq., require every city and county in California to adopt a general plan for its long-range development, and further, to periodically update that Plan to reflect current conditions and issues; and WHEREAS, the California Legislature has found that “California has a housing supply and affordability crisis of historic proportions. The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of the chance to call California home, stifling economic opportuni ties for workers and businesses, worsening poverty and homelessness, and undermining the state’s environmental and climate objectives” (Gov. Code Section 65589.5.); and
WHEREAS, the Legislature has further found that “Among the cons equences of those actions are discrimination against low-income and minority households, lack of housing to support employment growth, imbalance in jobs and housing, reduced mobility, urban sprawl, excessive commuting, and air quality deterioration” (Gov. Code Section 65589.5.); and WHEREAS, the Legislature adopted the Housing Crisis Act of 2019 (SB 330) which states that “In 2018, California ranked 49th out of the 50 states in h ousing units per capita… California needs an estimated 180,000 additional homes annually to keep up with population growth, and the Governor has called for 3.5 million new homes to be built over 7 years”; and WHEREAS, State Housing Element Law (Government Code Sections 65580 – 65589.11) requires that the City Council adopt a Housing Element for the eight-year period 2023-2031 to accommodate the City of Foster City (City) regional housing need allocation (RHNA) of 1,896 housing units, comprised of 520 very-low income units, 299 low- income units, 300 moderate- income units, and 777 above moderate-income units; and
WHEREAS, to comply with State Housing Element Law, the City of Foster City has prepared the Housing Element 2023-2031 (the Housing Element) in compliance with State DocuSign Envelope ID: 3F260608-0D6D-48E7-A35B-49EBC5250361

5.1 Attachment 9 - Planning Commission Resolutions P-3-23 through P-7-23, without Exhibits

371

Resolution No. P- 04 -23
GP2020-0002 & GP2022-0001
Housing Element Law and has identified sites that can accommoda te housing units meeting the City’s RHNA; and

WHEREAS, as provided in Government Code Sections 65350, et. seq., adoption of the Housing Element constitutes a General Plan Amendment; and

WHEREAS, as provided in Government Code Sections 65352 – 65352. 4 the City has referred the Housing Element to all California Native American tribes on the contact list provided by the Native American Heritage Commission and to other entities listed; and

WHEREAS, as of April 24, 2023 no California Native American Tri be has requested consultation; and

WHEREAS, State law requires that the City take meaningful steps to promote and affirmatively further fair housing (Gov. Code Section 65583(c)(5)); and

WHEREAS, State law requires that the City make zoning available for all types of housing, including multifamily housing (Gov. Code Sections 65583.2 and 65583(c)); and

WHEREAS, the Housing Element must be adopted to comply with Sta te law, accommodate the RHNA, affirmatively further fair housing, and facilitate and encourage a variety of housing types for all income levels, including multifamily housing (Gov. Code Sections 65583.2 and 65583(c)); and

WHEREAS, in accordance with California Public Utilities Code Section 21676(b), the Draft Housing Element was referred to the San Mateo County Airport La nd Use Commission (ALUC) for a determination of consistency with relevant airport / land use compatibility criteria in the Comprehensive Airport Land Use Compatibility Plan for the Envri ons of San Carlos Airport (San Carlos ALUCP); and

WHEREAS, the Board of Directors of the City/County Association of Governments of San Mateo County (C/CAG), in its capacity as the San Mateo County A irport Land Use Commission adopted Resolution 23-29 on April 13, 2023 finding the Foster C ity 2023-2013 Housing Element Update is consistent with the Comprehensive Airport Land Use Compatibility Plan for the Environs of the San Carlos Airport; and

WHEREAS, the City conducted extensive community outreach over more than two years including twenty-five (25) public meetings or workshops, tabling at events, an interactive webpage with a housing preferences and priorities survey and an interactive map of potential housing sites, social media, e-news, press releases, emails, and notices; and

WHEREAS, in accordance with Government Code Section 65585 (b), on May 4, 2022, the City posted the draft Housing Element and requested public comment for a 30-day review period, and on July 5, 2022, after responding to public comment s, the City submitted the draft DocuSign Envelope ID: 3F260608-0D6D-48E7-A35B-49EBC5250361

5.1 Attachment 9 - Planning Commission Resolutions P-3-23 through P-7-23, without Exhibits

372

Resolution No. P- 04 -23
GP2020-0002 & GP2022-0001
Housing Element to the State Department of Housing and Community Development (HCD) for its review; and

WHEREAS, on October 3, 2022, the City received a letter from HCD providing its findings regarding the draft Housing Element; and

WHEREAS, on February, 6, 2023, the City published a revised dra ft Housing Element responding to HCD’s findings and requested public comment on the draft during a seven (7) day comment period; and

WHEREAS, on February 16, 2023, the City published a second revi sed draft Housing Element responding to additional public comment on the draft and requested public comment on the draft during a seven (7) day comment period; and

WHEREAS, on February 24, 2023, the City submitted the revised Housing Element to the HCD for its review; and

WHEREAS, the City, as lead agency under the California Environm ental Quality Act (“CEQA”), has completed the Foster City Housing and Safety Elem ents Update Environmental Impact Report (“EIR”) for the Housing and Safety Elements Update; and

WHEREAS, the Planning Commission conducted a public hearing to consider comments on the adequacy of the EIR on March 16, 2023; and

WHEREAS, on May 4, 2023, the Planning Commission adopted Resolu tion No. P-__-23 recommending that the City Council certify the Housing Element EIR and that the City Council adopt CEQA findings, a Statement of Overriding Considerations, and a Standard Conditions of Approval Mitigation Monitoring and Reporting Program; and

WHEREAS, recitals and findings from the Planning Commission ado pted Resolution No.

P-__-23 are incorporated by reference;

WHEREAS, to ensure the internal consistency of the elements of the General Plan, the City wishes to amend the descriptions of several Land Use Map d esignations contained in the Land Use and Circulation Element and amend Land Use Map designations for Foster’s Landing Apartments (094-980-070) from Condominium Residential to Civic Center Mixed Use and 1601 Beach Park Boulevard from Public/Semi-Public to Two Family Residential; and

WHEREAS, as provided in Government Code Section 65353, the Plan ning Commission shall hold at least one public hearing before approving a recom mendation on the adoption or amendment of a general plan; and

DocuSign Envelope ID: 3F260608-0D6D-48E7-A35B-49EBC5250361

5.1 Attachment 9 - Planning Commission Resolutions P-3-23 through P-7-23, without Exhibits

373

Resolution No. P- 04 -23
GP2020-0002 & GP2022-0001
WHEREAS, on April 19, 2023, a public hearing notice was published and posted in three public places pursuant to California Government Code Section 65 090 for the Planning Commission public hearing on May 4, 2023;

WHEREAS, on May 4, 2023 the Planning Commission conducted a dul y and properly noticed public hearing to take public testimony and consider th is Resolution regarding the proposed Housing Element and related amendments to the Land Use and Circulation Element, reviewed the Housing Element and all pertinent maps, documents and exhibits, including HCD’s findings, the City’s response to HCD’s findings, the staff report and all attachments, and oral and written public comments.

NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission hereby finds that, based on substantial evidence in the record:

1. The foregoing recitals are true and correct and are incorpor ated by reference into this action.

2. The proposed project conforms to the provisions and standards of the General Plan in that the proposed amendments are internally consistent with all other provisions of the General Plan and do not conflict with any of the previously adopted goals, policies or programs of the General Plan.

3. The proposed amendments are necessary to implement the goals and policies of the General Plan by providing increased housing opportunities for a w i d e r v a r i e t y o f housing options by type and affordability in more neighborhoods throughout the City; maintain land designated for a variety of residential, commerci al and other uses which provide a mix of housing types, densities, and tenure (LU C-C); continue to strive to maintain a balance between the number of jobs in the City and the number of housing units available to house workers (LUC-C-2); encourage a range of housing units, including some less conventional choices (LUC-C-3); enco urage housing production by allowing mixed residential/commercial projects to be built at an appropriate density to reduce trips to and from and within the City (LUC-C-4); allow for a range of residential densities and housing types (LUC-C-6 ); promote land use strategies that decrease reliance on automobile use, increase t he use of alternative modes of transportation, maximize efficient provision of servic es, and reduce emissions of GHGs (LUC-H); and encourage the aggregation and re development of under-utilized properties and/or outdated buildings (LUC-K).

4. The proposed General Plan Amendment complies with, and is re quired by, applicable State law, including that the Housing Element substantially com plies with Housing Element Law, as provided in Government Code Sections 65580, et seq,. and contains all provisions required by State Housing Element Law, as shown in Exhibit A to this resolution, incorporated herein by this reference.

DocuSign Envelope ID: 3F260608-0D6D-48E7-A35B-49EBC5250361

5.1 Attachment 9 - Planning Commission Resolutions P-3-23 through P-7-23, without Exhibits

374

Resolution No. P- 04 -23
GP2020-0002 & GP2022-0001

5. As required by Government Code Section 65585(e), the City ha s considered findings made by the California Department of Housing and Community Deve lopment (HCD) included in HCD’s letters to the City dated October 3, 2022 and April 24, 2023.

Consistent with Government Code Section 65585(f)(1), the City h as changed the Housing Element Update in response to the findings of HCD to su bstantially comply with the requirements of Article 10.6 of the Government Code as interpreted by HCD, as described in Exhibit B and Exhibit C with the revisions as shown in Exhibit D which are incorporated by reference and adopted along with this resolution.

6. The proposed amendments will not be detrimental to the publi c interest, convenience, and general welfare of the City. The amendments will result in a logical placement of land uses consistent with the overall intent of the General Pla n and facilitate housing development opportunities at a range of income levels and house hold types. The proposed General Plan Amendment will facilitate the development, maintenance, and improvement of adequate and affordable housing for new and exis ting residents, which will be a benefit to the public.

7. Based on substantial evidence in the record, including a str ong history of residential development on non-vacant sites in Foster City such as Pilgrim Triton, Marlin Cove, and Miramar; demonstrating market demand for such development w ith examples of housing developments constructed on non-vacant land throughout San Mateo and Santa Clara Counties in recent years; a long history of inclusi onary housing requirements to provide affordable housing; approvals of housin g densities up to 93 units per acre; the fact that redevelopment of large existing apartment properties does not require the existing use to be discontinued; and other ince ntives for residential development; the existing uses on the non-vacant sites identified in the Sites Inventory to accommodate the RHNA do not constitute an impediment to plan ned residential development on the sites during the planning period.

NOW, THEREFORE BE IT FURTHER RE SOLVED that the Planning Commiss ion recommends that the City Council amend the General Plan as follows:

A. Repeal the 2015-2023 Housing Element and adopt the 2023-2031 Housing Element attached hereto as Exhibit E, incorporated by this reference (GP2020- 0002).

B. Amend the Land Use Element including the Land Use Plan attac hed hereto as Exhibit F, incorporated by this reference (GP2022-0001).

C. That the Community Development Director or designee is direc ted to file all necessary material with HCD for the Department to find that the Housing Element is in conformance with Housing Element Law and is further directed and authorized to make all non-substantive changes to the Housing Element to m ake it internally consistent or to address any non-substantive changes or amendme nts requested by HCD to achieve certification.

DocuSign Envelope ID: 3F260608-0D6D-48E7-A35B-49EBC5250361

5.1 Attachment 9 - Planning Commission Resolutions P-3-23 through P-7-23, without Exhibits

375

Resolution No. P- 04 -23
GP2020-0002 & GP2022-0001
D. The Community Development Director or designee is hereby dir ected to distribute copies of the Housing Element in manner provided in the Governm ent Code Section 65357.

E. The Housing Element shall include the following revisions:
a. Sites Inventory – revise the capacity for Franciscan (to 83) and Lagoons (to 121);
b. Affirmatively Furthering Fair Housing – include the key find ings from Appendix B into Chapter 3; and
c. Amend H-D-6-e to include objective approval findings with am endments to include objective design standards.

DocuSign Envelope ID: 3F260608-0D6D-48E7-A35B-49EBC5250361

5.1 Attachment 9 - Planning Commission Resolutions P-3-23 through P-7-23, without Exhibits

376

Resolution No. P- 04 -23
GP2020-0002 & GP2022-0001
PASSED AND ADOPTED as a Resolution of the City of Foster City Planning Commission at the Regular Meeting thereof held on May 4, 2023 by the following vote:

AYES, COMMISSIONERS: Bronitsky, Haddad, Venkat, and Chair Jagtiani NOES, COMMISSIONERS:

ABSENT, COMMISSIONERS:

ABSTAIN, COMMISSIONERS:
___________________

RAVI JAGTIANI, CHAIR
ATTEST:
____________________________

SOFIA MANGALAM, SECRETARY
DocuSign Envelope ID: 3F260608-0D6D-48E7-A35B-49EBC5250361

5.1 Attachment 9 - Planning Commission Resolutions P-3-23 through P-7-23, without Exhibits

377

RESOLUTI
ON NO. P- 05 -23

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FOSTER CIT Y

RECOMMENDING THE CITY COUNCIL ADOPT AMENDMENTS TO THE FOSTER CI TY ZONING MAP TO IMPLEMENT THE RHNA 6 HOUSING ELEMENT FOR THE 2023 -2031

PLANNING PERIOD AND FINDING THE AMENDMENTS WITHIN THE SCOPE OF THE EIR PREPARED FOR THE FOSTER CITY HOU SING AND SAFETY ELEMENTS UPDATE – RZ2023-0001

CITY OF FOSTER CITY PLANNING COMMISSION
WHEREAS, there is a shortage of affordable housing in the City of Foster City (“City”) as documented in the RHNA 5 Housing Element for the 2015-2023 Plan ning Period and the RHNA 6 Draft Housing Element for the 2023-2031 Planning Period; and WHEREAS, California Government Code Section 65580(d) states tha t all cities have a responsibility to use the powers vested in them to facilitate the improvement and development of housing and to make adequate provision for the housing needs of all economic segments of the community; and
WHEREAS, said zoning amendments will encourage the development and availability of housing opportunities to a broad range of households with varying income levels within the City as mandated by State Law, and is essential for the public welfare; and WHEREAS, said zoning actions, combined with the City’s inclusio nary 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 wil l 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, the City, as lead agency under the California Environm ental Quality Act (“CEQA”), has completed the Foster City Housing and Safety Elements Update Environmental Impact Report (“EIR”) for the Housing and Safety Elements Update; and DocuSign Envelope ID: DD272C5C-508C-4BA4-B2B1-5AE9D7A693AA

5.1 Attachment 9 - Planning Commission Resolutions P-3-23 through P-7-23, without Exhibits

378

Resolution No. P- 05 -23
RZ2023-0001

WHEREAS, the Planning Commission conducted a public hearing to consider comments on the adequacy of the EIR on March 16, 2023; and

WHEREAS, on May 4, 2023, the Planning Commission adopted Resolu tion No. P-__-23 recommending that the City Council certify the Housing Element EIR and Resolution No. P-__- 23 that the City Council adopt CEQA findings, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program; and

WHEREAS, a Notice of Public Hearing was duly posted, published, and mailed for consideration at the Planning Commission meeting of May 4, 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 April 19, 2023 in the Foster City Islander, a newspaper of general circulation with the City of Foster City in an advertisement full page size; and , on said date, the Public Hearing was opened, held and closed; and
WHEREAS, the Planning Commission of the City of Foster City has carefully reviewed and considered the staff report and all attachment thereto presented as part of the agenda for the public hearing regarding the proposed ordinance to amend the Foster City Zoning Map including any and all timely submitted correspondence, all information su bmitted at or prior to the public hearing, and all public comment and testimony presented at the public hearing (collectively, the “Record”); and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, ba sed on facts and analysis in the staff report, written and oral testimony, and exhibits presented, finds that:

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

2. The provision of safe and stable housing for households at all income levels is essential for the public welfare of the City. Housing in Foster City, both rental and for-sale housing, has become steadily more expensive and housing costs have gone up faster t han incomes. Federal and state government programs do not provide enough affordable hous ing to satisfy the needs of very low, low, or moderate income households. As a result, ther e is a severe shortage of adequate, affordable housing for very low, lower, and moderate income households, as evidenced by the findings in the City’s Housing Element; and

3. The proposed amendments to the Foster City Zoning Map are consistent with the General Plan, specifically the 2023-2031 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.

BE IT FURTHER RESOLVED that the Planning Commission of the Cit y of Foster City hereby recommends that the City Council adopt an ordinance making the proposed amendments to the Foster City Zoning Map as presented in the attached Exhibits A through C for the three (3) sites as listed below, attached hereto and incorporated herein.

DocuSign Envelope ID: DD272C5C-508C-4BA4-B2B1-5AE9D7A693AA

5.1 Attachment 9 - Planning Commission Resolutions P-3-23 through P-7-23, without Exhibits

379

Resolution No. P- 05 -23
RZ2023-0001

1. Foster’s Landing Apartments, 700 Bounty Drive, APN: 094-980-070; to change the zoning designation from R-3/PD Medium Density, Multiple-Family Residen ce District/Planned Development to CM/PD, Commercial Mix/Planned Development Distri ct as indicated in Exhibit A, attached hereto and incorporated herein; and

2. Eaves Apartments, 700 Marlin Avenue, APN: 094-341-010 to change the zoning designation from R-3 Medium Density, Multiple-Family Residence District to R-4/PD, High Density, Multiple-Family Residence District/Planned Development as indicated in Exhibit B, attached hereto and incorporated herein; and

3. 1601 Beach Park Boulevard, APN: 094-211-550 to change the zoning designation from PF
Public Facilities to R-2/PD Two-Family Residence District/Planned Development as indicated in Exhibit C, attached hereto and incorporated herein.

DocuSign Envelope ID: DD272C5C-508C-4BA4-B2B1-5AE9D7A693AA

5.1 Attachment 9 - Planning Commission Resolutions P-3-23 through P-7-23, without Exhibits

380

Resolution No. P- 05 -23
RZ2023-0001
PASSED AND ADOPTED as a Resolution of the Planning Commission o f the City of Foster City at a Regular Meeting thereof held on May 4, 2023, by the following vote:

AYES, COMMISSIONERS: Bronitsky, Haddad, Venkat, and Chair Jagtiani NOES, COMMISSIONERS:

ABSTAIN, COMMISSIONERS:

ABSENT, COMMISSIONERS:
___________________

RAVI JAGTIANI, CHAIR
ATTEST:
____________________________

SOFIA MANGALAM, SECRETARY
DocuSign Envelope ID: DD272C5C-508C-4BA4-B2B1-5AE9D7A693AA

5.1 Attachment 9 - Planning Commission Resolutions P-3-23 through P-7-23, without Exhibits

381

RESOLUTION NO. P- 06 -23

CITY OF FOSTER CITY PLANNING COMMISSION

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FOSTER CIT Y

RECOMMENDING THE CITY COUNCIL ADOPT AN AMENDMENT TO THE FOSTER CITY

ZONING MAP TO MODIFY THE PREVIOUSLY APPROVED GENERAL DEVELOPMENT PLAN FOR THE ±100-ACRE LANDS KNOWN AS METRO CENTER IN THE C-2/PD (GE NERAL BUSINESS/PLANNED DEVELOPMENT) DISTRICT TO A C-2/PD (GENERAL

BUSINESS/PLANNED DEVELOPMENT) DISTRICT WITH AN AMENDED GENERAL

DEVELOPMENT PLAN TO ALLOW COMMERCIAL -OR- MIXED COMMERCIAL/RESIDENTIAL USE UP TO 222 DWELLING UNITS AT 1010 METRO CENTER BOULEVARD IN TOWN

CENTER NEIGHBORHOOD (TC) AND FINDING THE AMENDMENTS WITHIN THE SCOPE OF

THE EIR PREPARED FOR THE FOSTER CITY HOUSING AND SAFETY ELEMENTS UPDATE - RZ2023-0002

WHEREAS, On August 2, 2021, the City Council adopted Ordinance No. 637, approving the most recent General Development Plan Amendment/Rezoning to the Metro Center General Development Plan, authorizing a revision to the zoning map (of which the GDP is a part) to modify the previously-approved GDP for the approximately 100-acre Metr o Center area to allow for a change in the previously allowed uses to allow up to two (2) ho tels with a total of approximately 298 guest rooms, including a seven-story, approximately 89’-0”-tall, ±83,187 square-foot limited- service hotel with 151 guest rooms on the southwest corner of Metro Center Boulevard and Shell Boulevards (APN 094-522-350), on Lot 20 of Tract Map No. 91-83; and

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 Plan ning Period and the RHNA 6 Draft Housing Element for the 2023-2031 Planning Period; and

WHEREAS, California Government Code Section 65580(d) states tha t all cities have a responsibility to use the powers vested in them to facilitate the improvement and development of housing and to make adequate provision for the housing needs of all economic segments of the community; and

WHEREAS, said zoning amendments will encourage the development and availability of housing opportunities to a broad range of households with varyi ng 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 inclusio nary housing requirements of Chapters 17.90 and 17.92 will increase the supp ly of housing, including below market rate housing to meet the City’s regional share of very l ow-, low- and moderate-income housing needs and the needs of special groups, including the el derly, disabled, small and large families, and local workers; and

DocuSign Envelope ID: 10AC7555-2A7E-41B5-9249-7EFB99E3FE4B

5.1 Attachment 9 - Planning Commission Resolutions P-3-23 through P-7-23, without Exhibits

382

Resolution No. P- 06 -23
RZ2023-0002

WHEREAS, provision of housing at a variety of income levels wil l 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, the Planning Commission conducted a public hearing to consider comments on the adequacy of the EIR on March 16, 2023; and

WHEREAS, the Planning Commission of the City of Foster City has carefully reviewed and considered the staff report and all attachment thereto presented as part of the agenda for the public hearing regarding the proposed ordinance to amend the Foster City Zoning Map including any and all timely submitted correspondence, all information su bmitted at or prior to the public hearing, and all public comment and testimony presented at the public hearing (collectively, the “Record”); and

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, ba sed on facts and analysis in the staff report, written and oral testimony, and exhibits presented, finds that:

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

2. The provision of safe and stable housing for households at a ll 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 e nough 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

DocuSign Envelope ID: 10AC7555-2A7E-41B5-9249-7EFB99E3FE4B

5.1 Attachment 9 - Planning Commission Resolutions P-3-23 through P-7-23, without Exhibits

383

Resolution No. P- 06 -23
RZ2023-0002

3. The proposed amendment to the Foster City Zoning Map is cons istent with the General Plan, specifically the 2023-2031 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 specifi cally calls for additional housing at the subject sites.

BE IT FURTHER RESOLVED that the Planning Commission of the City of Foster City hereby recommends City Council approval of an amendment to modi fy the previously approved General Development Plan ±100-acre lands known as Metro Center in the C-2/PD (General Business/Planned Development) district to a C-2/PD (General Bus iness/Planned Development) district with an amended General Development Plan to allow comm ercial -or- mixed commercial/residential use up to 222 dwelling units at 1010 Met ro Center Boulevard (APN 094- 281-010) as shown in Exhibits A and B, attached hereto and inco rporated herein, including on Exhibit B to remove the reference to 58,000 SF for 1010 Metro Center Boulevard to instead state the allowed uses for this site as commercial – or – commercial and up to 222 apartment or condominium units..

PASSED AND ADOPTED as a Resolution of the City of Foster City Planning Commission at a Regular Meeting held on May 4, 2023, by the following vote:

AYES, COMMISSIONERS: Bronitsky, Haddad, Venkat, and Chair Jagtiani

NOES, COMMISSIONERS:

ABSTAIN, COMMISSIONERS:

ABSENT, COMMISSIONERS:

___________________

RAVI JAGTIANI , CHAIR

ATTEST:

____________________________

SOFIA MANGALAM, SECRETARY

DocuSign Envelope ID: 10AC7555-2A7E-41B5-9249-7EFB99E3FE4B

5.1 Attachment 9 - Planning Commission Resolutions P-3-23 through P-7-23, without Exhibits

384

RESOLUTI
ON NO. P- 07 -23

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FOSTER CIT Y

RECOMMENDING CITY COUNCIL ADOPTION OF VARIOUS TEXT AMENDMENTS TO TITLE 17, “ZONING” OF THE FOSTER CITY MUNICIPAL CODE INCLUDING AMENDM ENTS TO CHAPTER 17.14 R-2, “TWO-FAMILY RESIDENCE DISTRICT” AND CHAPTER 17.82, “EMERGENCY SHELTERS, LOW BARRIER NAVIGATION CENTERS, AND SUPPORTIVE HOUSING”, TO IMPLEMENT THE RHNA 6 HOUSING ELEMENT FOR THE 2023- 2031

PLANNING PERIOD AND COMPLY WITH RECENT CHANGES IN STATE LAW AND FINDING

THE AMENDMENTS WITHIN THE SCOPE OF THE EIR PREPARED FOR THE FOSTER CITY HOUSING AND SAFETY ELEMENTS UPDATE – RZ2023-0003

CITY OF FOSTER CITY PLANNING COMMISSION
WHEREAS, there is a shortage of affordable housing in the City of Foster City (“City”) as documented in the RHNA 6 Housing Element for the 2023-2031 Planning Period; and WHEREAS, California Government Code Section 65580(d) states tha t all cities have a responsibility to use the powers vested in them to facilitate the improvement and development of housing and to make adequate provision for the housing needs of all economic segments of the community; and
WHEREAS, said zoning amendments will encourage the development and availability of housing opportunities to a broad range of households with varying income levels within the City as mandated by State Law, and is essential for the public welfare; and WHEREAS, the staff report dated May 4, 2023, incorporated herein by reference, explains the relevant requirements of State law that require corresponding changes in the Foster City Municipal Code in order for the City’s regulations to be compliant with State law; and WHEREAS, provision of housing at a variety of income levels wil l 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, an Environmental Impact Report (2023 EIR) was prepared for the Foster City Housing and Safety Elements Update (State Clearinghouse #202201 0509) to evaluate the potential environmental impacts of the project; and
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Resolution No. P- 07 -23
RZ2023-0003

WHEREAS,
the Planning Commission considered the proposed zoning text amendments to Title 17, “Zoning,” at a noticed Planning Commission public hearing on May 4, 2023; and WHEREAS, a Notice of Public Hearing was duly posted, published, and mailed for consideration at the Planning Commission meeting of May 4, 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 April 19, 2023 in the Foster City Islander, a newspaper of general circulation with the City of Foster City and, on said date, the Public Hearing was opened, held and closed; and WHEREAS, the Planning Commission of the City of Foster City has carefully reviewed and considered the staff report and all attachment thereto presented as part of the agenda for the public hearing regarding the proposed ordinance to amend Title 17, Zoning, of the Foster City Municipal Code as referenced above including any and all timely submitted correspondence, all information submitted at or prior to the public hearing, and al l public comment and testimony presented at the public hearing (collectively, the “Record”); and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, ba sed on facts and analysis in the staff report, written and oral testimony, and exhibits presented, finds that:

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

2. The provision of safe and stable housing for households at all income levels is essential for the public
welfare of the City. Housing in Foster City, both rental and for-sale housing, has become steadily
more expensive and housing costs have gone up faster t han incomes. Federal and state government programs do not provide enough affordable hous ing to satisfy the needs o f very
low, low, or moderate income households. As a result, there is a severe shortage of adequate, affordable housing for very low, lower, and moderate income households, as evidenced by the findings in the City’s Housing Element; and

3. The proposed amendments to Title 17, Zoning, of the Foster City Municipal Code are consistent with the General Plan, specifically the 2015-2023 Housing Element including Goal H -D 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.

BE
IT FURTHER RESOLVED that the Planning Commission of the City of Foster City hereby recommends that the City Council adopt an ordinance making vari ous text amendments to Title 17, “Zoning” of the Foster City Municipal Code to implement hou sing sites identified in the Sites Inventory in the Regional Housing Needs Allocation (RHNA), 6th Cycle, as generally presented in the attached Exhibits A and B, as listed below and attached hereto and incorporated herein:
 Exhibit A: Chapter 17.14 R-2, Two-Family Residence District DocuSign Envelope ID: 5EBE76F9-0871-4918-84DB-2C5F362DDE10

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Resolution No. P- 07 -23
RZ2023-0003
 Exhibit B: Chapter 17.82 Emergency Shelters, Low Barrier Navigation Centers, and Supportive Housing, including an amendment to Section 17.82.040.A.1 to change from 20 beds to
25 beds.

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Resolution No. P- 07 -23
RZ2023-0003
PASSED AND ADOPTED as a Resolution of the Planning Commission o f the City of Foster City at a Regular Meeting thereof held on May 4, 2023, by the following vote:

AYES, COMMISSIONERS: Bronitsky, Haddad, Venkat, and Chair Jagtiani NOES, COMMISSIONERS:

ABSTAIN, COMMISSIONERS:

ABSENT, COMMISSIONERS:
___________________

RAVI JAGTIANI, CHAIR
ATTEST:
____________________________

SOFIA MANGALAM, SECRETARY
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DATE: MAY 4, 2023 STAFF REPORT AGENDA ITEM NO. 6.1

TO: FOSTER CITY PLANNING COMMISSION

PREPARED BY: LESLIE CARMICHAEL, CONSULTING PLANNER

CASE NO.: EA2021-0004 EIR FOR HOUSING & SAFETY ELEMENTS UPDATE GP2020-0002 HOUSING ELEMENT UPDATE
GP2022-0001 LAND USE AND CIRCULATION ELEMENT

AMENDMENTS
RZ2023-0001 ZONING MAP AMENDMENT
RZ2023-0002 ZONING MAP AMENDMENT
RZ2023-0003 ZONING TEXT AMENDMENT

OWNER: CITY OF FOSTER CITY

PROJECT LOCATION: CITYWIDE WITH SPECIFIC AMENDMENTS AT:
o FOSTER’S LANDING, 700 BOUNTY DRIVE
o EAVES APARTMENTS, 700 MARLIN AVENUE
o 1601 BEACH PARK BOULEVARD
o 1010 METRO CENTER BOULEVARD

REQUESTED ACTION/PURPOSE

Staff recommends that the Planning Commission take the following actions:
1) Adopt a Resolution recommending City Council certification of the Final Environmental Impact Report (EIR) for the Foster City Housing and Safety Elements Update, recommending adopt ion of environmental findings pursuant to the California Environmental Quality Act, adopting a Statement of Overriding Considerations, and adopting a Standard Conditions of Approval and Mitigation Monitoring and Reporting Program – EA2021-0004.
2) Adopt a Resolution recommending the City Council to adopt a General Plan Amendment to repeal the 2015- 2023 Housing Element and adopt the Housing Element of the General Plan for the period of 2023 -2031 including policies and programs to affirmatively further fair housing and related amendments to the Land Use and Circulation Element in compliance with State Housing Element Law and finding the amendments within the scope of the EIR prepared for the Foster City Housing and Safety Elements Update – GP2020-0002 and GP2022-0001.
3) Adopt a Resolution recommending the City Council to adopt amendments to the Foster City Zoning Map to implement the RHNA 6 Housing Element for the 2023- 2031 Planning Period and finding the amendments within the scope of the EIR prepared for the Foster City Housing and Safety Elements Update – RZ2023-0001. 4) Adopt a Resolution recommending City Council to adopt an amendment to the Foster City Zoning Map to modify the previously approved General Development Plan for the ±100-acre lands known at Metro Center in the C -2/PD (General Business/ Planned Development) District with an amended General Development Plan to allow up to

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58,000 square feet of commercial or mixed commercial/residential use of up to 58,000 square feet of commercial and up to 222 dwelling units at 1010 Metro Center Boulevard in Town Center Neighborhood (TC) and finding the amendments within the scope of the EIR prepared for the Foster City Housing and Safety Elements Update – RZ2023-0002.
5) Adopt Resolution recommending the City Council adopt various text amendments to Title 17, “Zoning” of the Foster City Municipal Code including amendments to Chapter

17.14, R-2 “Two-Family Residence District” and Chapter 17.82 “Emergency Shelters, Low Barrier Navigation Centers, and Supportive Housing” to implement the RHNA 6 Housing Element for the 2023-2031 Planning Period and comply with recent changes in State law and finding the amendments within the scope of the EIR prepared for the Foster City Housing and Safety Elements Update – RZ2023-0003.

EXECUTIVE SUMMARY

The Housing Element is an integral part of the Foster City General Plan that serves to identify the community’s housing needs, state the community’s goals and objectives with regard to housing production, rehabilitation, and conservation to meet those needs; and define the policies and programs that the community will implement to achieve the stated goals and objectives. In addition, state law requires the review of the Housing Element by the California Department of Housing and Community Development (HCD).

The Ci ty of Foster City has been working on the Housing Element for 2023- 2031 (Housing Element Update) for more than two (2) years. The Housing Element Update has been informed by an extensive analysis of housing needs and constraints as required by state law as well as substantial community input. Public engagement was initiated in 2020 through City Council and Planning Commission meetings. Further community engagement , workshops, and public meetings took place in 2020-2023. These efforts led to the publication of the first draft Housing Element Update on May 4, 2022 , for the first 30-day public comment period. Revisions to the public and HCD’s comments were addressed and submitted to HCD in July 2022.

The first comment letter from HCD was received on October 3, 2022. Changes were incorporated into the Draft Housing Element dated February 16, 2023, in response to these comments (see Exhibit B to Attachment 2). A second comment letter from HCD was received on April 24 , 2023 (Attachment 8) . Recommended responses to these comments are contained in Exhibit C to Attachment 2 and have been incorporated into a revised Draft Housing Element dated May 1, 2023 (Exhibits D and E to Attachment 2). Staff recommends that the Planning Commission make its recommendation to the City Council with the understanding that additional “wordsmithing” or non-substantive changes may be made, as stated in the recommended resolution as follows:

“That the Community Development Director or designee is directed to file all necessary material with HCD for the Department to find that the Housing Element is in conformance with Housing Element Law and is f urther directed and authorized to make all non-substantive changes to the Housing Element to make it internally consistent or to address any non - substantive changes or amendments requested by HCD to achieve certification.”

As part of the Housing Element effort s, an Environmental Impact Report (EIR) was completed and reviewed by the public and stakeholders. The EIR includes an analysis of the Housing Element Update and the Draft Safety Element Update. While the timeline for the adoption Draft Safety Element Update will be at a later date, major compone nts of the Draft Safety Element Update include analysis for potential circulation, evaluation, and roadway capacity related to the

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Housing Element Update and, therefore, were determined appropriate to include this analysis as part of the Draft EIR at this time. The Draft EIR was made available to the public from February 16, 2023 , through April 2, 2023 , with about 15 public comments received. Responses to Comments (RTC) have been completed and made available on April 21, 2023. The EIR disclosed that there are significant unavoidable impacts, even with mitigation measures applied, to resource areas such as Traffic and Transportation, Utilities (specifically water supply), and Aesthetics .

Other resource areas would have less than significant impact s under CEQA with standard conditions of approval required by the local and regional requirements, and mitigation measures identified as part of the EIR process. The EIR also included an analysis of alternatives and determined the “no-project alternative ” would be considered the “environmentally superior alternative” but would not meet the project’s objectives. Consistent with the CEQA Guidelines, a Statement of Overriding Considerations is recommended explaining the specific reasons why the social, economic, legal, technological, or other beneficial aspects of the proposed project, including region-wide or statewide environmental benefits , outweigh the unavoidable adverse environmental impacts and why the Lead Agency is willing to accept such impacts , as provided in Attachment 1.

After more than two (2) years of effort on updating the Housing Element for 2023 -2031, the Planning Commission is now requested to make its recommendations to the City Council regarding the Housing Element for 2023- 2031 and related actions. Staff recommends the Planning Commission recommend to City Council the certification of the EIR and all components of the environmental analysis, approval of the General Plan Amendment (GPA) to repeal the old Housing Element, adoption of the new Housing Element Update, and approval of multiple General Development Plan amendments and Municipal Code text and Zoning Map changes to implement the new Housing Element Update.

NOTICING / PUBLIC OUTREACH

Public Hearing Noticing

The public was advised of this Public Hearing in the following ways:

• Public Posting Places – April 13, 2023
• Foster City Website: www.fostercity.org – April 13, 2023 • Housing Element Update Website: https://engagefostercity.org/housing-element – April 13, 2023
• Email Notification to HOAs – April 13, 2023
• 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 – April 13, 2023 • Full page ad in the Foster City Islander – April 19, 2023 • Mailed notice to property owners within 300’ of properties noticed for General Plan Land Use or Zoning changes and posting on the subject properties: Foster’s Landing Apartments, Eaves Apartments, 1601 Beach Park Boulevard, and 1010 Metro Center Boulevard – April 14, 2023

BACKGROUND

Housing Element Requirements

California Government Code Section 65580 -65589.8 requires local jurisdictions to update the Housing Element of their General Plan every eight years to adequately plan for the regional

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housing needs of residents of all income groups. Housing Elements are required to contain a series of goals, policies and implementing programs that are intended to promote housing production within a community. These goals, policies and programs are required to be accompanied by a list of eligible land resources, the Sites Inventory, identified for planned residential development to accommodate the State- mandated Regional Housing Needs Allocation, or RHNA. The existing Housing Element for the 2015 -2023 Planning Period covers the fifth cycle of the RHNA process, referenced as RHNA 5; the proposed Draft Housing Element 2023-2031 covers the sixth cycle, referenced as RHNA 6. Housing Elements are reviewed by the California Department of Housing and Community Development (HCD) for compliance with State requirements and “certified” by HCD if they are found in compliance.

One of the most significant changes in State law for the RHNA 6 Housing Element cycle is regarding fair housing. Assembly Bill (AB) 686 requires that all housing elements due on or after January 1, 2021, must contain an Assessment of Fair Housing (AFH) consistent with the core elements of the analysis required by the federal Affirmatively Furthering Fair Housing (AFFH) Final Rule of July 16, 2015. Under state law, AFFH means “taking meaningful actions, in addition to combating discrimination, which overcomes patterns of segregation and foster s inclusive communities free from barriers that restrict access to opportunity based on protected characteristics.” The four main goals are to:

• Address significant disparities in housing needs and in access to opportunity; • Replace segregated living patterns with truly integrated and balanced living patterns; • Transform racially and ethnically concentrated areas of poverty into areas of opportunity; and
• Foster and maintain compliance with civil rights and fair housing laws.

Some of the State requirements regarding adoption of the Housing Element are summarized below:

• January 31, 2023 Statutory deadline for adoption of Housing Element. • January 31, 2023 If rezoning for the lower-income RHNA is not completed by January 31, 2023, then the element must include a program to rezone sites with appropriate zoning and development standards, i.e., “by right” approval. (These rezonings were accomplished in January 2023 - see additional discussion below.)
• May 31, 2023 End of 120 Days from statutory deadline – if Housing Element is not adopted, then the jurisdiction has one year to complete any rezonings to accommodate the lower-income RHNA.
• January 31, 2024 If a jurisdiction fails to adopt a compliant housing element within one year of the statutory deadline, then rezoning to provide sites must be completed prior to certification by HCD.

Regional Housing Needs Allocation

A community’s RHNA represents the number of housing units at various income levels that are needed to meet the community’s housing needs during the eight -year planning period. RHNA numbers are determined by a methodology established by the State of California’s Department of Finance (DOF) and the Housing and Community Development Department (HCD). HCD then assigns RHNA numbers to each region of the State. In the case of the San Francisco Bay Area, the Association of Bay Area Governments (ABAG) receives HCD’s assignments and determines each local jurisdiction’s fair share of housing units. The ABAG RHNA webpage describes the

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process that was utilized for developing the methodology and providing opportunities for public input and appeals. Each jurisdiction must then update the Housing Element to show the locations where future housing can be built to accommodate the RHNA and discuss strategies necessary to meet the community’s housing needs.

Foster City’s assigned RHNA is listed in Table 1, below.

Table 1: Foster City Regional Housing Needs Allocation, 2023-2031

Income Category Units Percent of Total
Very Low-Income (0-50% AMI) 520 27%
Low-Income (51-80% AMI) 299 16%
Moderate-Income (81-120% AMI) 300 16%
Above Moderate-Income (Over 120% of AMI) 777 41%
Total 1,896 100%

Department of Housing and Community Development (HCD) Review The Draft Housing Element was forwarded to HCD for review on July 5, 2022, for the initial 90- day review period. In September 2022, staff had a call with HCD to discuss their preliminary comments. On October 3, 2022, the City received a letter with HCD’s comments on the Draft Housing Element. The responses to HCD’s comments are contained in Exhibit B to Attachment

2. Revisions were made to the Draft Housing Element in response to HCD ’s comments as well as public comments and direction from the Planning Commission and City Council. After posting the Revised Draft Housing Element for public review on February 6, 2023, and posting a further Revised Draft Housing Element on February 16, 2023, the Revised Draft Housing Element was forwarded to HCD on February 24, 2023, for a second review period of 60-days with a comment letter due by April 25, 2023.

A second comment letter from HCD was received on April 2 4, 2023 (Attachment 8).

Recommended responses to these comments are contained in Exhibit C to Attachment 2 and have been incorporated into a revised Draft Housing Element dated May 1, 2023 (Exhibits D and E to Attachment 2). Staff recommends that the Planning Commission make its recommendation to the City Council with the understanding that additional “wordsmithing” or non- substantive changes may be made, as stated in the recommended resolution as follows:

“That the Community Development Director or designee is directed to file all necessary material with HCD for the Department to find that the Housing Element is in conformance with Housing Element Law and is further directed and authorized to make all non-substantive changes to the Housing Element to make it internally consistent or to address any non - substantive changes or amendments requested by HCD to achieve certification.”

HCD approval is not required for a housing element to be in substantial compliance with State law; a jurisdiction may adopt its own findings regarding why the Housing Element is substantially compliant and may also choose to adopt the Housing Element before final HCD approval.

Zoning Amendments Adopted in January 2023

Several zoning and General Plan amendments are a portion of the actions that are necessary to implement policies and programs contained in the RHNA Cycle 6 Housing Element for 2023- 2031. The initial group of changes needed was adopted in January 2023. These actions included:

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• Z oning 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. o Harbor Cove Apartments
o Franciscan Apartments
o Sand Cove Apartments
o The Lagoons Apartments
• Amend Chapter 17.04, Definitions for Employee Housing; Manufactured Home; Navigation Center, Low Barrier; Supportive Housing;
• Amend Chapter 17.12, R-1, Single Family Residence District • Amend Chapter 17.14, R-2, Two Family Residence District • Amend Chapter 17.14, R-2, Two Family Residence District • Amend Chapter 17.16, R-T, Townhouse Residence District • Amend Chapter 17.18, R-3, Medium Density, Multiple-Family Residence District • Amend Chapter 17.20, R-4, High Density, Multiple-Family Residence District • Amend Chapter 17.22, Commercial Office District
• Amend Chapter 17.24, C-1 Neighborhood Business District • Amend Chapter 17.26, C-2, General Business District
• Amend Chapter 17.28, C-M, Commercial Mix District
• Amend Chapter 17.32, Public Facilities District
• Amend Chapter 17.36, PD, Planned Development Combining District • Amend Chapter 17.55 Replacement Units
• Rescind Chapter 17.56, Floor Area Standards
• Amend Chapter 17.70, Nonconformity Uses
• Amend Chapter 17.78, Accessory Dwelling Units
• Amend Chapter 17.82, Emergency Shelters, Low Barrier Navigation Centers, and Supportive Housing
• Add Chapter 17.94, By Right Housing Overlay

General Plan and Zoning Consistency

Several zoning amendments for consistency with recent changes in State law and to be consistent with the updated Housing Element were adopted in January 2023, as listed above. The proposed General Plan Amendment contained in the attached Resolutions (Attachment 2) would repeal and replace the Housing Element and make some accompanying amendments to the Land Use and Circulation Element to ensure consistency. Additional zoning amendments are proposed below for consistency with the Housing Element and are described in more detail below (Attachments 3, 4, and 5).

Furthermore, the Safety Element is in preparation and anticipated to be ready for adoption in early summer 2023.

Overview of Public Outreach for Housing Element

In 2020, the City launched a Housing Element Update webpage with basic information and an invitation for people to sign up for a notification list to stay involved. Since that time, the City has used a variety of methods for gathering community input. The list below summarizes the public outreach related to the Housing Element. Additional information is included in Chapter 7 and Appendix F of the Housing Element.

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• September 21, 2020 : Joint City Council/Planning Commission Study Session – discuss local and regional housing framework.
• March 24, 2021 : Joint City Council/Planning Commission meeting – housing subject matter experts: Nicole Sandkulla, CEO and General Manager, Bay Area Water Supply and Conservation Agency (BAWSCA); David Driskell, Baird+Driskell Community Planning; Dan Carrigg, Senior Policy Advisor, Renne Public Policy Group (RPPG); Jonathan Sutter, P.E., Senior Engineer, EKI Environment & Water, Inc.; and Matt Goyne, Senior Associate, Fehr & Peers, Transportation Consultants. • April 13, 2021: Countywide Community Meeting.
• April 14, 2021 : Joint City Council/Planning Commission Meeting – Housing Element workplan.
• April 22, 2021: Countywide Community Meeting.
• June 7, 2021 : City Council Meeting to discuss potential Regional Housing Needs Allocation (RHNA) appeal.
• July 15, 2021: Planning Commission Study Session for housing needs. • September 27, 2021: 21 Elements Countywide Listening Session #1 (Fair Housing). • September 28 and 30, 2021: Two Community Workshops.
• October-December 2021: 21 Elements 4 part Let’s Talk Housing Webinar. • October 18, 2021: 21 Elements Countywide Listening Session #2 (Housing Advocates). • November 1, 2021: 21 Elements Countywide Listening Session #3 (Builders/Developers). • November 1, 2021: City Council Meeting for Report on Community Workshops. • December 13, 2021: City Council meeting for RFP for EIR. • February 7, 2022: City Council meeting – award EIR contract • February 16, 2022: New website launched (https://engagefostercity.org/housing-element) with updates, timelines , document links, interactive map/sites survey; Housing Preferences and Priorities Survey
• February 17, 2022: Planning Commission Meeting on scope of EIR. • March 2, 2022: Joint City Council/Planning Commission Study Session – progress update on Housing Element, sites, and policies.
• April 21, 2022 : Joint City Council/Planning Commission Meeting – review Preliminary Public Review Draft Housing Element.
• May 4, 2022: Published Public Review Draft Housing Element. • May 17, 2022: Joint City Council/Planning Commission Meeting – review Public Review Draft Housing Element.
• November 15, 2022 : Joint City Council/Planning Commission Study Session – review HCD comments and strategies for responding.
• December 1, 2022: Planning Commission Meeting to consider zoning actions. • January 9, 2023: City Council Special Meeting to consider zoning actions. • February 6, 2023: Published Revised Public Review Draft Housing Element.

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• February 16, 2023: Published Revised Public Review Draft Housing Element. • March 16, 2023: Planning Commission meeting on adequacy of Draft EIR.

Public Comments for the Housing Element

Community engagement has shaped the Draft Housing Element as described in Chapter 7, Public Participation. This chapter summarizes the various outreach activities as well as what input was received from these outreach activities. Chapter 7 also includes a summary of how public input was incorporated into the Housing Element.

ANALYSIS

Housing Element

The sections below summarize the requirements and contents for the different chapters of the Housing Element.

Housing Needs

The Housing Element must examine demographic, employment and housing trends and conditions and identify existing and projected housing needs of the community, with attention paid to special housing needs, such as large families and persons with disabilities. This section includes a community’s RHNA as determined by the regional planning body in partnership with HCD.

Chapter 2 and Appendix A of the Housing Element contain information on housing needs. Foster City is becoming more diverse, with no one racial group making up a majority of the population.

The City has a mix of housing types that are well distributed throughout the City. The largest need is for more aff ordable housing. Additional information was provided in response to HCD comments regarding cost burden, including cost burden by tenure (renter/owner), cost burden by income level, and geographic distribution of cost burden. Local knowledge from City officials was added regarding housing conditions . Information was added explaining measures the City has taken to address special housing needs.

Affirmatively Furthering Fair Housing (AFFH)

Chapter 3 and Appendix B address the AFFH requirements described above. The City collaborated with Root Policy Research, 21 Elements, ABAG, and UC Merced to complete a full assessment and outreach plan, including an analysis of the history of the region in regard to fair housing. The analysis found that where there are concentrations of an ethnic group, it is of Asian residents, although there is significant diversity within the Asian population, with large proportions of Chinese and Asian Indian. Barriers to housing choice are largely due to the high costs of housing. Discrimination was reported in sales and rental transactions by people of color, people with disabilities, and people using Housing Choice vouchers.

More detailed information was included in response to HCD’s comments regarding many factors, including potential for displacement, fair housing complaints, trends over time and patterns across census tracts for many factors, disparities in access to education and jobs, and access to transit.

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Constraints

The Housing Element must analyze and recommend remedies for existing and potential governmental and nongovernmental barriers to housing development. Chapter 4 and Appendix C contain the analysis regarding constraints. A significant constraint for the production of additional housing is the water supply. A Water Supply Assessment was performed that found that although there is sufficient water supply projected in normal and wet years, there is not sufficient water supply during single-dry and multiple-dry years with or without additional housing growth. Housing Policy H-A- 4 Adequate Water Supply and Sewer Capacity for new Housing Development as well as Program H -A-4-a Adequate Water Supply call for the City to work with EMID to develop water conservation requirements and/or increased water supply that will ensure sufficient water capacity to accommodate the RHNA. The Estero Municipal Improvement District (EMID) Board adopted Resolution No. 3713
on March 20, 2023 directing staff to prepare an
ordinance implementing a Water Neutrality Growth Policy Framework. Consideration of a Water Neutrality Growth Ordinance is scheduled for May 1, 2023.

Additional information on constraints was provided in response to HCD comments regarding land use controls, parking, fees, permit processing, and inclusionary requirements.

Housing Resources and Sites Inventory

Resources to provide additional housing include both physical sites as well as financial and administrative resources. Jurisdictions must i dentify locations of available sites for housing development or redevelopment to demonstrate there is enough land zoned for housing to meet future needs at all income levels. The standards for designating adequate sites were substantially changed for the RHNA 6 cycle, particularly for non- vacant sites. Chapter 5 and Appendix D include the information on resources and sites. The Sites Inventory is included in Table 2, below.

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Table 2: Sites Inventory

Additional analysis of the sites was included in response to HCD comments. All of Foster City’s sites are non-vacant and therefore pursuant to recent legislation, the City must explain why the existing uses are not a significant impediment to development of additional housing. The required findings are included in the resolution recommending adoption of the Housing Element (Attachment 2).

Evaluation of the Previous Housing Element

The Housing Element reviews the accomplishments during the RHNA 5 cycle, including whether the policies and programs should be continued, deleted, or modified. Chapter 6 and Appendix E review the RHNA 5 Housing Element.

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Additional information on accomplishments and how the City addressed special needs was included in response to HCD comments.

Policies and Programs

Chapter 8 of the Housing Element contains the City’s goals, policies, and programs related to the Housing Element. These have been modified in each draft of the Housing Element to address the identified housing needs and constraints. In response to HCD com ments, additional detail regarding timeframes, metrics, and funding sources was added.

ALUC Review

State law requires that the Airport Land Use Committee (ALUC) review amendments to the General Plan, such as Housing Elements, for consistency with the Comprehensive Land Use Compatibility Plan for the Environs of the San Carlos Airport. At its April 13, 2023 meeting, the ALUC recommended that the C/CAG Board of Di rectors, acting as the Airport Land Use Commission, determine that the City’s Housing Element Update is consistent with the applicable airport/land use policies and criteria contained in the Comprehensive Land Use Compatibility Plan for the Environs of the San Carlos Airport.

Recently adopted overflight notification requirements that were adopted by the ALUC have been incorporated into the Draft Safety Element.

General Plan Amendments

Several amendments to the Land Use and Circulation Element are proposed for consistency with the Housing Element, including some textual changes and changes to the Land Use Map. The textual changes are summarized in Table 3 and included in Exhibit D to Attachment 2.

Table 3: General Plan Amendments

Item Summary of Amendment
Two-Family Residential
description
Remove references to use only on Comet Drive. Change allowed density from 10 to 13 dwelling units per acre to be consistent with R-2 zoning that currently allows one unit per 3,500 square feet of lot area (12.44 units per acre)
; proposed zoning amendment
would change to 3,350 (13 units per acre).

Service Commercial with
Housing
Add description for designation already used on Land Use Map (at Pilgrim Triton)
Apartment/Neighborhood
Commercial
Add description for designation already used on Land Use Map (at Marlin Cove)
Civic Center Mixed Use Change allowed density from 20-35 units per acre to 20 -60 units per acre

Land Use Map amendments are proposed for consistency with the Sites Inventory at Foster’s Landing and 1601 Beach Park Boulevard for consistency with the Sites Inventory, as summarized in Table 4 and contained in Exhibit F to Attachment 2.

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Table 4: Land Use Map Amendments

Site Name APN Address Existing
Designation
Proposed
Designation
Foster’s Landing 094-980-070 700 Bounty
Drive
Condominium
Residential
Civic Center
Mixed Use
1601 Beach Park
Blvd.
094-211-550 1601 Beach
Park Blvd.

Public/Semi-
Public
Two-Family
Residential

Zoning Map Amendments

Zoning Map Amendments are proposed for consistency with the Sites Inventory as shown in Table 5 and contained in Attachments 3 and 4.

Table 5: Zoning Map Amendments

Site Name APN Address Existing Zoning Proposed
Zoning
Foster’s Landing 094-980-070 700 Bounty Drive R-3/PD CM/PD Eaves 094-141-010 700 Marlin Ave. R-3 R-4/PD
1601 Beach Park
Blvd.
094-211-550 1601 Beach Park
Blvd.

PF R-2/PD
1010 Metro Center
Blvd.
094-281-010 1010 Metro
Center Blvd.

C-2/PD C-2/PD with
amended GDP
to allow
commercial or
mixed use

Zoning Text Amendments

Zoning Text Amendments are summarized in Table 6 and contained in Attachment 5.

Table 6: Zoning Text Amendments

Chapter Proposed Amendment
Chapter 17.14, R-2 Two-Family
Residence District
Change minimum lot area per dwelling unit from
3,500 square feet (12.44 units per acre) to 3,350
square feet (13.0 units per acre)
Chapter 17.82, Emergency Shelters,
Low Barrier Navigation Centers, and
Supportive Housing
Remove standards that are no longer allowed
pursuant to AB 2339

Environmental Review

A program-level Environmental Impact Report (EIR) was prepared to evaluate the environmental impacts of the Housing and Safety Element Updates Project pursuant to the California Environmental Quality Act (CEQA). A Draft EIR was circulated for public review from February 16, 2023 to April 2, 2023 (Attachment 7). The Planning Commission held a public hearing to receive verbal comments on the adequacy of the EIR on March 16, 2023.

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The Responses to Comments (RTC) document has been prepared to provide responses to comments received on the Draft EIR and other text changes to the Draft EIR (Attachment 6). The RTC document was posted on the Housing Element Update webpage on April 21, 2023 and all commenters were notified by email on the same day. The RTC document includes:

• a short description of the environmental review process; • the comments received on the Draft EIR and responses to those comments; and • text revisions to the Draft EIR in response to the comments received and/or to amplify or clarify material in the Draft EIR.

The RTC document, together with the Draft EIR, constitutes the Final EIR for the Foster City Housing and Safety Elements Update.

The text revisions primarily relate to updates to the Draft Housing and Safety Elements Update and the Water Supply Assessment (WSA) completed subsequent to the Draft EIR. An overview of these revisions is provided in the RTC document including an assessment of the changes relative to the Draft EIR findings, which conclude that these changes, text edits, and amendments would not substantially change the findings of the Draft EIR and trigger the need for recirculation pursuant to Public Resources Code Section 21092.1; CEQA Guidelines Section 15088.5. Each revision is individually detailed within Chapter IV, Text Revisions, of the RTC document. The majority of the text revisions relate to changes regarding:

• Sites Inventory
• Policies and Programs
• Water Supply Assessment and Water Neutrality Growth Policy

Summary of Impacts

The Draft EIR found that the project would result in several potentially significant impacts. Table II-1 of the Draft EIR (beginning on page 10) lists each impact, the level of significance prior to mitigation and with mitigation, as well as the mitigation measures recommended. Only one (1) impact related to transportation, one (1) impact related to utilities, and one (1) impact related to aesthetics were found to be significant and unavoidable, even after mitigation. All remaining impacts identified could be mitigated to a less -than-significant level with implementation of the recommended mitigation measures. Table 7 summarizes the level of significance of impacts for the various environmental topics.

Table 7: Summary of Environmental Impacts

No Impacts or Less than
Significant
Significant Impacts that
can be Mitigated to Less
than Significant
Significant and
Unavoidable Impacts
Agriculture and Forest Resources
Biological Resources
Cultural Resources
Tribal Cultural Resources
Geology and Soils
Hydrology and Water Quality
Energy
Mineral Resources
Wildfire
Land Use and Planning
Air Quality
Greenhouse Gas
Emissions
Hazards and Hazardous
Materials
Noise and Vibration
Population and Housing

Traffic and Transportation
Public Services, Utilities,
and Recreation (Water
Supply), Aesthetics

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Project Alternatives

CEQA requires that a Draft EIR describe a range of reasonable alternatives to the proposed project or project location which would feasibly attain most of the basic project objectives and which would avoid, or substantially lessen, any of the significant environmental impacts of the proposed project. The analysis of alternatives is beneficial to decision- makers, as it provides a complete assessment of anticipated impacts of land use decisions and, therefore, a better understanding of the interrelationships among potential impacts related to land use, transportation, air quality, noise, etc., compared to an EIR which does not encompass such a comparative analysis. The Draft EIR studied the following alternatives, which are explained in more detail in Chapter V of the Draft EIR:

• No Project Alternative: Under this alternative, the City would continue to implement the adopted 2015- 2023 Housing Element and Local Hazard Mitigation Plan and Safety Element adopted in 2016, and the proposed 2023- 2031 Housing Element and Safety Element would not be adopted.

• Partial Reallocation to Mixed Use Alternative: Under this alternative, housing sites located at the Schooner Bay Apartments Site (646 units), would be eliminated from the Housing Inventory Sites. Foster’s Landing Site would be rezoned to allow for a total of 1,400 new units and the Edgewater Place Center Site would be rezoned to allow for 146 new units; both sites would allow mixed-use development.

• Higher Density Alternative: Under this alternative, housing sites located at the Schooner Bay Apartments Site (646 units) would be eliminated from the Housing Inventory Sites.

Foster’s Landing Site would be rezoned to allow for a total of 1,400 new units and the Metro Center Boulevard Site would be rezoned to allow for a total of 146 new units.

The alternatives are compared against the project’s impacts and its objectives. Although the ‘No Project’ Alternative was found to be the environmentally superior alternative, because it would reduce some potential significant impacts identified in the Draft EIR, it would not result in meeting the City’s objectives, including a Housing Element in compliance with State requirements. The No Project Alternative would also likely result in additional unanticipated development if the City does not have a Housing Element that has been certified by HCD.

Conditions and Mitigation Measures

The EIR identified mitigation measures to reduce the project’s impact on the environment. Some of these mitigation measures are standard conditions of approval (SCA) that will be applied to future development projects. CEQA Guidelines Section 15097 requires the preparation of a Mitigation Monitoring and Reporting Program (MMRP) to ensure that the mitigation measures are implemented. The SCA and the MMRP together make up the SCAMMRP (see Exhibit B to Attachment 1).

EIR Findings

Pursuant to the California Environmental Quality Act (Section 21000) and CEQA Guidelines (Section 15000), findings must be made based on substantial evidence in the entire administrative record regarding the environmental impacts of the project and feasibility of project alternatives.

In accordance with the California Environmental Quality Act Guidelines (CEQA Section 15090), the decision-making body of the lead agency must consider the EIR and comments received

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before approving a project under review. Per CEQA Section 15090, the City Council must make findings to support the following:

a. The Final EIR has been completed in compliance with CEQA; b. The Final EIR was presented to the decision-making body of the lead agency, and the decision-making body reviewed and considered the information contained in the final EIR prior to approving the project; and
c. The Final EIR reflects the lead agency‘s independent judgment and analysis.

The EIR contains an independent, legally defensible evaluation of all environmental impacts, thoroughly disclosing and analyzing potentially significant detrimental effects of the project and its reasonable alternatives, documenting the resulting findings and providing recommendations for reducing potential significant environmental impacts to levels less than significant associated.

Mitigation measures integrated into the SCAMMRP have been recommended to reduce potentially significant impacts described in the Final EIR to levels below established thresholds of significance. However, even with the incorporation of the recommended mitigation measures, the CEQA Findings conclude that there are three significant and unavoidable impacts: Traffic and Transportation and Public Services, Utilities and Recreation (specifically water supply), and Aesthetics. CEQA provides that the lead agency can adopt a Statement of Overriding Considerations as authorized by CEQA Guidelines Section 15903 explaining the specific reasons why the social, economic, legal, technological, or other beneficial aspects of the proposed project, including region- wide or statewide environmental benefits outweigh the unavoidable adverse environmental impacts and why the Lead Agency is willing to accept such impacts.

The Statement of Overriding Considerations describes the expected benefits of the project that outweigh and make acceptable the potentially unavoidable impacts, summarized as follows:

• The project will improve and conserve the existing housing stock. • The project will facilitate housing production and provide Foster City residents with a variety of housing options.
• The project will redevelop under-utilized sites.
• The project will improve equal housing opportunities and access to fair housing information.
• The project will mitigate natural and human- caused hazards, thereby improving public safety and resiliency (applies more to Safety Element).

The required findings and Statement of Overriding Considerations is contained in Exhibit A to Attachment 1.

CONCLUSION/SUMMARY

Foster City’s 2023-2031 Housing Element Update provides a roadmap for how to meet the City’s growth and housing challenges, identifies what the existing housing conditions and community needs are, identifies goals, and creates a plan for additional housing in a way that is balanced with the community’s desires to retain the aspects of Foster City that make it a great place to live, work, and play. Since the last Housing Element update in 2015, many statewide housing bills have passed, with goals ranging from addressing segregation to housing accountability, and climate resiliency. This Housing Element includes goals, policies, and programs that guide the community to meet these new requirements so Foster City can grow in a way that is safe, fair, and consistent with the City’s other long-range plans.

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NEXT STEPS

The Planning Commission’s recommendations will be forwarded to the City Council for consideration at a noticed, public hearing tentatively scheduled for May 22, 2023.

ATTACHMENTS

1. Attachment 1 – EIR Resolution
A. Attachment 1 – Exhibit A – Findings and Statement of Overriding Considerations B. Attachment 1 – Exhibit B – SCAMMRP – Conditions and Mitigation Measures

2. Attachment 2 - Resolution to Adopt Housing Element
A. Attachment 2 – Exhibit A – Housing Element Statutory Provisions Checklist B. Attachment 2 – Exhibit B – HCD Comments-Responses, October 3, 2022 C. Attachment 2 – Exhibit C – Responses to HCD Comment Letter dated April 24, 2023
D. Attachment 2 – Exhibit D – Housing Element Redline Version E. Attachment 2 – Exhibit E – Housing Element Clean Version F. Attachment 2 – Exhibit F – General Plan Land Use Amendment

3. Attachment 3 – Resolution Recommending City Council Adoption of a Zoning Map Amendment
A. Exhibit A – Foster’s Landing from R-3/PD to CM/PD
B. Exhibit B – Eaves from R-3 to R-4/PD
C. Exhibit C – 1601 Beach Park Blvd. from PF to R-2/PD

4. Attachment 4 – Resolution for 1010 Metro GDP Amendment A. Exhibit A – Amended General Development Plan for Metro Center B. Exhibit B – General Development Plan Graphic for Metro Center

5. Attachment 5 – Resolution Recommending Zoning Text Amendments A. Attachment 5 – Exhibit A – Chapter 17.15 R-2, Two-Family Residence District B. Attachment 5 – Exhibit B – Chapter 17.82, Emergency Shelters, Low Barrier Navigation Centers, and Supportive Housing

6. Attachment 6 – Final EIR available at: https://engagefostercity.org/housing-element

7. Attachment 7 – Draft EIR available at: https://engagefostercity.org/housing-element

8. Attachment 8 – Letter from HCD dated April 24, 2023

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PROPERTY LOSS REPORT-BUILDING DAMAGEUse this form to report loss or damage to property owned or used by the City, including buildings, furniture, equipment, supplies, boilers and heavy machinery.FROM:TO:[email protected]:Submitted by:Phone:Date& Timeof Incident:Department:Loss Location:Damage is to:Building(s) Furniture/Equipment Maintenance Equipment Other: _Boiler&MachineryEstimate of Probable Cost: Description ofOccurrence:Description of PropertyDamaged or Stolen: Police or FD Report: Report#: _ Contact Person: Phone#: Location: _Please attach any loss documentation including reports, estimates and/or photographs of the damage in your possession with this Loss Report.

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Foster City City CouncilMay 22, 2023

Foster City City Council
May 22, 2023