Agenda packet — Foster City City Council, December 18, 2023 (part 3 of 4)

6.10 Attachment 2 - CIP Project Descriptions for CIP 301-635 and CIP 301-637 (Excerpt from Adopted Annual Budget for FY 2023-2024)

344

(CIP 301-637, Budget $1,141,000) Road Widening - Foster City Boulevard and Chess Drive – Multi- Project #4, Multi-Project #7, and Multi-Project #8 (2013-2014) The project addresses improvements at the intersection of Foster City Boulevard and Chess Drive. The improvements include adding a northbound right-turn lane on Foster City Boulevard at Chess Drive; lengthening the westbound left turn lane on Chess Drive at Foster City Boulevard; and adding a westbound lane on Chess Drive east of Foster City Boulevard.

On August 4, 2014, the City Council adopted Resolution No. 2014-86 authorizing an agreement with BKF Engineers, Inc. to prepare construction contract documents and provide construction support services for both CIP 301-635 (described above) and CIP 301-637. The design and construction of these projects were combined to maximize efficiency. Design is complete and the Caltrans encroachment permit has been issued to the City. An easement agreement has been executed between Gilead Sciences and the City to allow for the construction of the improvements.

The Multi-Project Roadway Improvements were funded by four large developments based on each development's contribution to traffic impacts. The funds were identified in each development's Master Development Agreements and were allocated to CIP 301-635 and CIP 301-637. Staff is in the process of reviewing proposals for Construction Management services. Construction is anticipated to commence following selection of a CM Firm.

Project Timeline:

Design: Complete
Construction: FY 2023-2024
City of Foster City's FY 2023-24 Final Budget

Page 280 ends

6.10 Attachment 2 - CIP Project Descriptions for CIP 301-635 and CIP 301-637 (Excerpt from Adopted Annual Budget for FY 2023-2024)

345

4 9
0 DATE: December 18, 2023

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

FROM: Andrew Brozyna, Public Works Director/City/District Engineer DEPARTMENT: Public Works
SUBJECT: ROOF REPLACEMENTS AT CITY BUILDINGS (CIP 301-693) -

NOTICE OF COMPLETION

RECOMMENDATION
It is recommended that the City Council/Estero Municipal Improvement District Board of Directors adopt the attached resolutions accepting the work performed by California Roofing, Inc. (California Roofing) for the construction of the Roof Replacements at City Buildings Project (CIP 301-693) and directing the City Clerk to file the Notice of Completion.

EXECUTIVE SUMMARY
CIP 301-693 consisted of roof repair and/or replacements at various City buildings including the Police Station, Teen Center, and various Corporation Yard buildings (Public Works water/wastewater/streets/lagoon workshops, storage room, locker room, kitchen; shared training room adjacent to the lagoon pump house building; Parks Key Room, Vehicle Maintenance shop and small engine shop). The work has been completed in conformance with the contract documents. It is recommended that the City Council accept the work and direct the City Clerk to file the Notice of Completion (NOC).

BACKGROUND

6.11 6.11 Staff Report

346

4 9
0 City Resolution No. 2023-80 and Estero Municipal Improvement District (EMID) Resolution No. 3740, adopted on July 17, 2023, approved the execution of a construction contract with California Roofing in the amount of $1,177,871 for CIP 301-693 and established a project contingency of $177,000. An appropriation of $315,000 was executed as part of City Resolution 2023-80 to fully fund the project. The newly established project budget was $1,550,000.

Construction began in September 2023 and was substantially completed on October 9, 2023. Day-to-day construction management and inspection services were performed by in-house staff. The contractor has completed all punch list items of work.

ANALYSIS
The construction work consisted of repair and/or replacement of six (6) City building roofs: Parks Key Room, Public Works Workshops (water/wastewater/streets/lagoon workshops, storage room, locker room, kitchen, and small engine shop), Pump Station Building training room (lower roof only), Vehicle Maintenance Building (upper roof only), Police Station, and The Vibe/Teen Center. The Police Station and The Vibe/Teen Center roofs were rehabilitated with a liquid applied roofing system. The Parks Key Room, Public Works Workshops, and Vehicle Maintenance Buildings were re-roofed using a Ketone Ethylene Ester system. Lastly, the Pump House Building (lower roof only) was re- roofed using a Built-Up Roofing System which required a complete roof tear off down to the concrete deck.

The bid alternate allowing for skylights at the Police Dispatch Room was removed due to construction logistics being too invasive for the current dispatch room setup. The Police Department may incorporate skylights in a future project.

There was one change order (CCO #1) issued, which resulted in $4,337 added to the construction contract. CCO #1 was for a minor repair to a beam at the Public Works Workshops that experienced deterioration due to dry rot, replacement of sub fascia material, and the installation of soffit material and roof top curbs that were outside the initial project scope. Paint to protect the newly replaced soffit on the Public Works Workshops building was also included in CCO #1. Lastly, all original contract quantities were updated to reflect actual quantities constructed.

Given that California Roofing has completed its work in conformance with the contract documents, it is recommended that the City Council accept the work and direct the City Clerk to file the Notice of Completion.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Categorically Exempt pursuant to CEQA Guidelines Section 15061(b)(3) and 15301(c) – Existing Facilities

6.11 6.11 Staff Report

347

4 9
0 FISCAL IMPACT
The following is the project expenditure summary:

Project Budget
CIP 301-693 – Resolution 2023-80 $1,550,000.00
Construction Contract Expenses
Contract Agreement with California Roofing, Inc. $ 1,177,871.00 CCO #1 – Extra Work & Quantities Adjustment Change Order $ 4,337.00 Total Construction Contract Expense $ 1,182,208.00
Other Project Related Expenses
Consultant/Designer – Bartos Architecture
Advertisement/Miscellaneous Expenses
$ 92,177.50
$ 16,042.75
Total Other Project Related Expenses $ 108,220.25
Total Project Expenses to date $ 1,284,773.25
Project Budget Balance $ 259,571.75
The contract work has been completed and the NOC can now be filed. Tonight’s action will establish the official date of completion of the work performed by California Roofing, formalizing the City’s acceptance of the contract work and allowing final payment to the contractor be made. The project budget balance (unused funds) will be returned to the appropriate originating fund (CIP, Water, and Sewer Fund).

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Facilities and Infrastructure
ATTACHMENTS:

Attachment 1 – City Resolution
Attachment 2 – EMID Resolution
Attachment 3 – Notice of Completion

6.11 6.11 Staff Report

348

RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY ACCEPTING THE WORK BY CALIFORNIA ROOFING COMPANY, INC. FOR THE ROOF REPLACEMENTS AT CITY BUILDINGS PROJECT (CIP 301-693) AND DIRECTING THE CITY CLERK TO FILE THE NOTICE OF COMPLETION; AND FINDING THE PROJECT EXEMPT FROM CEQA UNDER SECTION 15061(b)(3) AND 15301(c) – EXISTING FACILITIES

CITY OF FOSTER CITY
WHEREAS, the Public Works Director has filed with the City Clerk the Notice of Completion for the work known as the Roof Replacements at City Buildings Project (CIP 301-693) located in the City of Foster City, situated in San Mateo County, California; provided to be done under and pursuant to the contract documents and agreement between the City of Foster City and California Roofing Company, Inc. dated July 17, 2023; and
WHEREAS, the Public Works Director and California Roofing Company, Inc. have executed Document 00 6530 – Agreement and Release of Any and All Claims, as required by the agreement; and
WHEREAS, California Roofing Company, Inc. has executed Document 00 6536 – Guaranty, as required by the agreement; and
WHEREAS, it appears to the satisfaction of the City Council that said work has been completed in an acceptable manner.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize:

1. The acceptance of said work subject to reservation of all City's rights arising from any defective workmanship and/or materials not observed during construction being hereafter discovered and becoming known to City; and

2. The City Clerk to notarize and file for record with the County Recorder of the County of San Mateo the Notice of Completion thereof, as required by law, and file a conformed, recorded copy of said notice with the Finance Director and Public Works Director/City Engineer; and

3. The City Clerk to notify California Roofing Company, Inc. that the Construction Performance Bond No. ES00015060 from Everest Reinsurance Company may be released one year following the recordation of the Notice of Completion; and

6.11 Attachment 1 - City Resolution

349

4. The City Clerk to release the Labor and Material Bond No. ES00015060 from Everest Reinsurance Company, thirty-five (35) days after the date of recording of the Notice of Completion if no claims or Stop Notices have been received.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 18 th day of December, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________

PATRICK SULLIVAN, MAYOR
ATTEST:
_____________________________

PRISCILLA SCHAUS, CITY CLERK

6.11 Attachment 1 - City Resolution

350

RESOLUTION NO. __________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT ACCEPTING THE WORK BY CALIFORNIA ROOFING COMPANY, INC. FOR THE ROOF REPLACEMENTS AT CITY BUILDINGS PROJECT (CIP 301-693) AND DIRECTING THE CITY CLERK TO FILE THE NOTICE OF COMPLETION; AND FINDING THE PROJECT EXEMPT FROM CEQA UNDER SECTION 15061(b)(3) AND 15301(c) – EXISTING FACILITIES

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the Public Works Director/District Engineer has filed with the Board Secretary the Notice of Completion for the work known as the Roof Replacements at City Buildings Project (CIP 301-693) located in the City of Foster City, situated in San Mateo County, California; provided to be done under and pursuant to the contract documents and agreement between the City of Foster City and California Roofing Company, Inc. dated July 17, 2023; and
WHEREAS, the Public Works Director/District Engineer and California Roofing Company, Inc. have executed Document 00 6530 – Agreement and Release of Any and All Claims, as required by the agreement; and
WHEREAS, California Roofing Company, Inc. has executed Document 00 6536 – Guaranty, as required by the agreement; and
WHEREAS, it appears to the satisfaction of the Board that said work has been completed in an acceptable manner.

NOW, THEREFORE, BE IT RESOLVED that the Board of the Estero Municipal Improvement District does hereby authorize:

1. The acceptance of said work subject to reservation of all District’s rights arising from any defective workmanship and/or materials not observed during construction being hereafter discovered and becoming known to District; and

2. The District Secretary to notarize and file for record with the County Recorder of the County of San Mateo the Notice of Completion thereof, as required by law, and file a conformed, recorded copy of said notice with the Finance Director and Public Works Director/District Engineer; and

3. The District Secretary to notify California Roofing Company, Inc. that the Construction Performance Bond No. ES00015060 from Everest

6.11 Attachment 2 - EMID Resolution

351

Reinsurance Company may be released one year following the recordation of the Notice of Completion; and

4. The District Secretary to release the Labor and Material Bond No.

ES00015060 from Everest Reinsurance Company, thirty-five (35) days after the date of recording of the Notice of Completion if no claims or Stop Notices have been received.

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 18 th day of December, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________

PATRICK SULLIVAN, PRESIDENT
ATTEST:
_______________________________________

PRISCILLA SCHAUS, DISTRICT SECRETARY

6.11 Attachment 2 - EMID Resolution

352

6.11 Attachment 3 - Notice of Completion

353

DATE: December 18, 2023

TO:

Mayor and Members of the City Council
President and Members of the Estero Municipal Improvement District (EMID) Board of Directors

VIA: Stefan Chatwin, City/District Manager

FROM: Diane Pitman, Administrative Services Director
DEPARTMENT:

Human Resources
SUBJECT: ADDING THE NEW JOB CLASSIFICATIONS AND SALARY RANGES

OF PARKS MAINTENANCE SUPERVISOR AND FLEET

SUPERVISOR

RECOMMENDATION
It is recommended that the City Council/Estero Municipal Improvement District Board of Directors (City Council) adopt the attached resolutions approving the new job classifications of Parks Maintenance Supervisor and Fleet Supervisor and amending the FY 2023-2024 Pay Plan to include these classifications.

EXECUTIVE SUMMARY
The City Council has adopted a job classification plan that consists of a series of job classifications with associated distinguishing characteristics, examples of duties, statements of required knowledge, skills and abilities, and minimum qualifications. The City periodically updates and/or adds to this list of job classifications to address organizational changes, changes in job requirements, and/or changes in required duties.

The City Manager continues to make adjustments to staffing levels and positions to ensure the organization is able to focus on City Council goals and meet the needs of the Foster City community. As such, staff is recommending approval of the new job classifications and salary ranges of Parks Maintenance Supervisor and Fleet Supervisor

6.12 6.12 Staff Report

354

to allow for better internal organizational support and structure, to support Parks Maintenance efforts and to assist with succession planning efforts in the Parks and Recreation and Public Works departments. Since these positions support succession planning and are internally aligned, both positions are being brought forward for City Council approval. With the approval of these classifications and salary ranges, the FY 2023-2024 Pay Plan will also need to be updated.

BACKGROUND/ANALYSIS
Parks Maintenance Supervisor
On June 20, 2023, City Council approved the FY 23-24 budget which included the creation of a new Parks Maintenance Supervisor position. The justification for creating the new position was provided by the Director of Parks and Recreation. Specifically, the organizational structure of the Parks Maintenance staff is one Maintenance Manager and 16 full-time maintenance workers. Creating this new position provides the Park Maintenance Manager the opportunity to focus on technical tasks while increasing efficiency through the delegation of certain responsibilities. The supervisor position would provide better coordination by ensuring the day-to-day operations proceed according to plan addressing issues as they arise. This position will also help in succession planning for the future staffing of Parks and Recreation. Since this is a new position for the City, a salary market analysis was done of the 12 agencies used in the previously completed class study. There were 9 matches and the median for the salaries at the maximum of the range is $10,761.79. The recommended salary steps are below.

Fleet Supervisor
The Public Works Director has been evaluating the organizational structure, roles, responsibilities and scope of work within all of the functional areas. A Fleet Supervisor position was prepared for City Council approval in anticipation of upcoming retirements, to provide succession planning opportunities, and to ensure Fleet services are provided in timely manner. This position will report directly to the Building/Fleet Maintenance Manager and will allow the Fleet Supervisor to focus on daily operations of the Fleet Division. This will also allow the Building/Fleet Maintenance Manager to focus on the Building Maintenance functions. Since this is a new position for the City, a salary market analysis was done of the 12 agencies used in the previously completed class study.

There were 3 matches, but the median could not be calculated due to best practice and compensation philosophy to have a minimum of 4 matches for salary market analysis.

Instead, internal equity was used to determine the recommended salary steps as highlighted below.

6.12 6.12 Staff Report

355

To address these specific needs, staff is requesting the City Council adopt these two new classifications (Attachment 3 and 4). Upon adoption of the new classifications, Human Resources will coordinate with Parks and Recreation to initiate the recruitment process and work with Finance and the Director of Public Works to budget for a Fleet Supervisor position in the FY 2024/2025 budget. Staff will continue to review and monitor the staffing needs of the organization and will bring recommendations to the City Council as needed.

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
If the Parks Maintenance Supervisor and Fleet Supervisor job classifications are approved, there will be no immediate fiscal impact. The Parks Maintenance Supervisor is already included in the budget for FY 2023/2024.

The monthly salary for the Parks Supervisor and Fleet Supervisor will be included in the amended FY 2023-2024 pay plan and are as follows:

Position Step 1 Step 2 Step 3 Step 4 Step 5
Parks Maintenance
Supervisor $8,853.75 $9,296.44 $9,761.26 $10,249.32 $10,761.79 Fleet Supervisor $8,749.28 $9,186.74 $9,646.08 $10,128.38 $10,634.80

CITY COUNCIL VISION, MISSION AND VALUE/PRIORITY AREAS
Staff Empowerment and Operational Excellence
ATTACHMENTS:
•Attachment 1 - City Resolution
•Attachment 2 - EMID Resolution
•Attachment 3 – Parks Maintenance Supervisor Job Classification •Attachment 4 – Fleet Supervisor Job Classification
•Attachment 5 – Updated Pay Plan Effective July 1, 2023

6.12 6.12 Staff Report

356

1 5
7 5
RESOLUTION NO.___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY ADDING

THE JOB CLASSIFICATIONS OF PARKS MAINTENANCE SUPERVISOR AND FLEET SUPERVISOR AND APPROVING AND ADOPTING THE AMENDED FY 2023-2024 PAY PLAN EFFECTIVE JULY 1, 2023

CITY OF FOSTER CITY
WHEREAS, the City has adopted a classification plan of job class titles with associated distinguishing characteristics, examples of duties, statements of desired knowledge, skills and abilities and minimum qualifications for each class; and WHEREAS, there is a need to periodically evaluate and revise the requirements of those classes; and
WHEREAS, the City Manager, in consultation with the Administrative Services Director, Director of Public Works and Parks and Recreation Director have determined a need for the job classifications of Parks Maintenance Supervisor and Fleet Supervisor; and
WHEREAS, these job classifications require adoption by the City Council in order to fill the positions.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby approve the addition of the Parks Maintenance Supervisor and Fleet Supervisor job classifications attached as Exhibit A and the amended FY 2023-2024 Pay Plan is hereby adopted effective July 1, 2023.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 18th day of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:
________________________________

PRISCILLA SCHAUS, CITY CLERK

6.12 Attachment 1 - City Resolution

357

1 5
7 6
RESOLUTION NO.___________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT ADDING THE JOB CLASSIFICATIONS OF PARKS

MAINTENANCE SUPERVISOR AND FLEET SUPERVISOR AND APPROVING AND ADOPTING THE AMENDED FY 2023-2024 PAY PLAN EFFECTIVE JULY 1, 2023

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the District has adopted a classification plan of job class titles with associated distinguishing characteristics, examples of duties, statements of desired knowledge, skills and abilities and minimum qualifications for each class; and WHEREAS, there is a need to periodically evaluate and revise the requirements of those classes; and
WHEREAS, the District Manager, in consultation with the Administrative Services Director, Director of Public Works and Parks and Recreation Director have determined a need for the job classifications of Parks Maintenance Supervisor and Fleet Supervisor; and
WHEREAS, these job classifications require adoption by the Board of Directors in order to fill the positions.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby approve the addition of the Parks Maintenance Supervisor and Fleet Supervisor job classifications attached as Exhibit A and the amended FY 2023-2024 Pay Plan is hereby adopted effective July 1, 2023.

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 18 th day of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY

6.12 Attachment 2 - EMID Resolution

358

PARKS MAINTENANCE SUPERVISOR

DEFINITION
The Parks Maintenance Supervisor is responsible for overseeing landscape maintenance operations within the Park Maintenance Division. This role involves coordinating activities across divisions, conducting technical tasks, and contributing to the enhancement of our community's outdoor spaces. May serve as acting Parks Maintenance Manager in Parks Manager’s absence.

CHARACTERISTICS
This role stands apart as a second-line supervisor, it involves a blend of maintenance duties and supervisory responsibilities, including assisting in work assignment, evaluation, discipline recommendations, and staff training. Additionally, this role contributes to capital improvement project planning.

SUPERVISION EXERCISED AND RECEIVED
Reports to the Parks Maintenance Manager. Directly supervises assigned technical, maintenance, and administrative support staff.

EXAMPLES OF TYPICAL JOB FUNCTIONS (Illustrative Only)
•Collaborate with the Parks and Recreation Director, Parks Maintenance Manager, lead workers, and maintenance staff. Assign, prioritize, and supervise landscape maintenance and irrigation tasks, including performance review preparation. •Evaluate and recommend improvements for operations and activities; generate operation-related reports.
•Provide service level recommendations to the Park Maintenance Manager and Parks and Recreation Director.
•Forecast the needs and resources of the Parks Division. •Participate in budget preparation, cost estimation, and expenditure monitoring, including equipment and vehicle recommendations.
•Contribute to improving Division performance, achieving goals, and assessing current and long-range objectives.
•Engage in staff selection, training, and discipline procedures. •Conduct field observations to ensure compliance with policies, practices, and city ordinances; prepare related reports, addressing work progress, resolving issues, and identifying additional needs.
•Oversee planting, care, and maintenance of landscaped areas, seeding, fertilization, and passive/sports turf upkeep for safe playing conditions.

6.12 Attachment 3 - Parks Maintenance Supervisor Job Classification

359

QUALIFICATIONS
Knowledge of:
•Principles and practices of supervision, training and performance evaluations; •Methods, tools and equipment used in parks repair and maintenance; •The operation and maintenance of a variety of motorized equipment; •Principles and practices of maintaining athletic fields and playgrounds; •Principles and practices of safety management;
•Modern office procedures, practices, methods, and equipment including computer use and applicable software;
•Occupational hazards and standard safety practices (including S.B. 198 safety compliance);
•Methods and techniques for record keeping and report preparation.

Ability to:
•Assist with the supervision and direction of the assigned maintenance operations and activities for the Parks Division in the Parks and Recreation Department; •Assist with the planning, organizing and direction of the work of subordinate staff; •Regularly operate a motor vehicle;
•Interpret, explain, and apply applicable laws, codes, and regulations; •Organize, prioritize, and follow-up on work assignments; •Effectively supervise the work of the assigned personnel and accomplish the completion of assigned programs and projects;
•Acquire a thorough knowledge of applicable programs, policies and regulations of the City and other government agencies;
•Prepare and maintain accurate written reports and records; •Operate and maintain equipment and tools;
•Maintain effective working relationships with those contacted in the course of work including the public;
•Use computers and handheld electronic devices in the course of work; •Assist in the development and monitoring of an assigned program budget; •Communicate clearly and concisely, both orally and in writing.

Education and Experience
Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:

Experience: Two years of responsible experience as a crew leader in parks equivalent to Lead Parks Maintenance Worker at Foster City.

6.12 Attachment 3 - Parks Maintenance Supervisor Job Classification

360

Education: Graduation from high school or possession of a GED.

Licenses and Certifications
Possession of, or the ability to obtain, a valid Class C California driver’s license upon appointment. Possession of, or ability to obtain within one year of appointment, a valid Qualified Applicator Certificate (QAC) from the State of California. Possession of Certified Playground Inspector and Pest Control Advisor License are desirable.

PHYSICAL DEMANDS
The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of the job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to use hands to finger, handle, feel or operate objects, tools, or controls and reach with hands and arms. The employee frequently is required to stand; talk and hear; walk; sit; climb or balance, stoop, kneel, crouch, or crawl; and smell. The employee must frequently lift and/or move up to 25 pounds and occasionally lift and/or move up to 100 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus.

ENVIRONMENTAL CONDITIONS
The environmental characteristics described here are representative of those an employee encounters while performing the essential functions of this job. While performing the duties of this job, the employee regularly works in outside weather conditions. The employee frequently works near moving mechanical parts and is frequently exposed to wet and/or humid conditions and vibration. The employee occasionally works in high, precarious places and is occasionally exposed to fumes or airborne particles, toxic or caustic chemicals, and risk of electrical shock.

The employee may be required to work night, early morning, or weekend hours dependent on workload factors in addition to normally scheduled work hours. The noise level in the work environment can be loud.

6.12 Attachment 3 - Parks Maintenance Supervisor Job Classification

361

FLEET SUPERVISOR

DEFINITION
Under direction, plans, coordinates, and supervises the Fleet Division in the maintenance and repair of City fleet, and mechanical equipment; implements maintenance policies and procedures; outlines, assigns, and determines work projects; performs a variety of technical tasks; ensures safe work practices; may act as the Building and Vehicle Maintenance Manager in their absence; performs other related duties as required.

CHARACTERISTICS
The Fleet Supervisor is the full supervisory classification assigned to direct the daily operations of the Fleet Division. Positions within this class serve as supervisors for all fleet and mechanical equipment maintenance projects, inspecting, evaluating, and approving the completion of assignments. Performance of the work requires the use of considerable independence, initiative, and discretion within established guidelines. This classification is distinguished from the next higher classification of Building and Vehicle Maintenance Manager in that the latter has overall responsibility for the administration and management of all the Building and Fleet Division operations.

SUPERVISION EXERCISED AND RECEIVED
Receives direction from the Building and Vehicle Maintenance Manager. Exercises supervision over assigned staff.

EXAMPLE OF TYPICAL JOB FUNCTIONS (Illustrative only)
Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
•Assists in the planning, coordinating, and supervising of the City’s Fleet by developing equipment specifications in conjunction with other City departmental representatives; conferring with other City staff and suppliers regarding the purchase and maintenance of all City vehicles and equipment; ensuring all City vehicles and equipment are maintained according to standard; inspecting work in progress and upon completion to ensure conformance to shop standards; providing technical expertise and assistance to shop staff. •Determines priority of work to be done and estimates or obtains estimates of repair cost. •Prepares work schedules; assigns work; evaluates and reviews the work of subordinates; trains staff in the safe and proper methods of carrying out assigned tasks; and solves difficult problems encountered by the staff.

6.12 Attachment 4 - Fleet Supervisor Job Classification

362

•Monitors operations and activities of the Fleet Division; identifies opportunities for improving service delivery methods and procedures; provides recommendations concerning process changes; reviews with appropriate management staff; implements improvements. •Establishes and maintains a variety of paper and electronic records, such as vehicle replacement accounts and preventive maintenance schedules, equipment maintenance, and upgrade activity records.
•Prepares required reports; makes recommendations on the types of equipment needed for the program’s activities; conducts special studies and prepares reports orally and in writing. •Inspects work in progress and upon completion to ensure conformance to established standards for equipment, and other areas under the scope of the work assignment to ensure it is properly maintained.
•Ensures that required materials and equipment are available to carry out assigned tasks; determines stock requirements; orders parts, supplies, and equipment as needed. •Confers with superiors to discuss work projects and establish priorities. •Conducts safety and other training specific to the unit’s work; oversees and enforces safe work practices.
•Evaluates employee performance, counsels employees, and effectively recommends initial disciplinary action; assists in selection and promotion. •Investigates complaints from the public or internal customers concerning the work unit; takes appropriate action.
•Understands and implements sustainability and conservation strategies to preserve natural resources and energy efficiencies.
•Attends various meetings and makes presentations as needed to provide information relating to the City’s overall fleet programs.
•Demonstrates the highest standards of internal and external customer service, including professionalism, follow-through, timeliness, and clear communication. •Assists in the preparation of the budget for the division, monitors, and controls expenditures within appropriations, recommends revenue opportunities, and explores avenues for cost recovery.
•Facilitates the disposal of surplus City vehicles and equipment removed from service, utilizing the competitive bid and auction process.
•Maintains compliance with various regulatory agencies and permits related to the operations of the auto shop,
•Responds to emergency situations as necessary.
•Performs other related duties as assigned.

QUALIFICATIONS
Knowledge of:
•Principles and practices of employee supervision, including work planning, assignment, review and evaluation, discipline, and the training of staff in work procedures.

6.12 Attachment 4 - Fleet Supervisor Job Classification

363

•Principles and practices of automotive and equipment maintenance and repair program development and administration.
•Operational characteristics of vehicle diagnostic equipment and components. •Principles, practices, equipment, tools, and materials used in the maintenance, diagnosis, and repair of automobiles, light- and heavy-duty trucks and equipment, and specialized equipment, including hydraulic and computer-controlled systems. •Principles and practices of monitoring and maintaining fuel storage systems. •Applicable Federal, State, and local laws, regulatory codes, ordinances, and procedures relevant to assigned area of responsibility.
•Basic principles and practices of budget development, administration, and accountability. •Safety principles, practices, and procedures of equipment maintenance and repair, including related parts, tools, supplies, and materials.
•The operation and maintenance of a variety of hand and power tools, vehicles, and power equipment.
•Basic mathematics.
•Safe driving rules and practices.
•Modern office practices, methods, and computer equipment and applications. •English usage, grammar, spelling, vocabulary, and punctuation. •Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff.

Ability to:
•Participate in developing and implementing goals, objectives, practices, policies, procedures, and work standards.
•Supervise, train, plan, organize, schedule, assign, review, and evaluate the work of staff. •Organize, implement, and direct assigned maintenance and operations activities. •Manage the use, operations, maintenance, and repair fuel storage systems. •Develop cost estimates for supplies, equipment, and vehicles. •Work safely and effectively under pressure, including during emergency situations. •Interpret, explain, and apply applicable laws, codes, and regulations. •Read, interpret, and record data accurately.
•Establish and maintain a variety of manual and computerized files, record-keeping, and project management systems.
•Organize and prioritize a variety of projects and multiple tasks in an effective and timely manner; organize own work, set priorities, and meet critical time deadlines. •Work independently and as part of a team.
•Make sound independent decisions within established guidelines. •Identify problems, research, and analyze relevant information, develop, and present recommendations, and justification for solution.
•Research, analyze, and evaluate new service delivery methods, procedures, and techniques. •Read, and interpret, drawings, blueprints, maps, and specifications.

6.12 Attachment 4 - Fleet Supervisor Job Classification

364

•Safely and effectively use and operate hand tools, mechanical equipment, power tools, and equipment required for the work; perform routine equipment maintenance. •Observe safety principles and work in a safe manner.
•Use English effectively to communicate in person, over the telephone, and in writing. •Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.

QUALIFICATIONS
Education & Experience
Any combination of education and experience that has provided the knowledge, skills, and abilities necessary for Fleet Supervisor. A typical way of obtaining the required qualifications is to possess the equivalent of two years of increasingly responsible experience in the maintenance and repair of automotive equipment in a lead or supervisory capacity, and a high school diploma or equivalent.

LICENSE AND CERTIFICATIONS
Possession of a valid Class C California driver’s license and a satisfactory driving record.

Possession of, or ability to obtain, a Class B California driver’s license with tank and airbrake endorsement. ASE Certification in air conditioning, brakes and electrical systems is desirable.

PHYSICAL DEMANDS
Position requires sitting, standing, walking on level and slippery surfaces, reaching, twisting, turning, kneeling, bending, stooping, squatting, crouching, grasping, and making repetitive hand movements in the performance of daily duties. The position also requires both near and far vision when inspecting work and operating assigned equipment. The position requires work in confined spaces and off creeper; to lift up to ninety (90) pounds; work with hazardous materials used in vehicular and industrial equipment repair such as used motor oil, gasoline, solvents, related brake parts, coolants, and transmission fluids. Additionally, the incumbent in this outdoor position works in all weather conditions, including wet, hot, and cold. The incumbent may use cleaning and lubricating chemicals, which may expose the employee to fumes or airborne particles, and the incumbents may be exposed to mechanical and electrical hazards. The nature of the work also requires the incumbent to use power and noise producing tools and equipment, drive motorized vehicles and heavy equipment, and often work with constant interruptions. The incumbent may be required to be on-call and to work various shifts or emergencies on evenings, weekends, and/or holidays.

Some of these requirements may be accommodated for otherwise qualified individuals requiring and requesting such accommodation.

6.12 Attachment 4 - Fleet Supervisor Job Classification

365

6.12 Attachment 4 - Fleet Supervisor Job Classification

366

Exhibit ACity of Foster City / Estero Municipal Improvement District FY 2023-2024 Pay Plan
Effective July 1, 2023
Hourly
Position Step 1 Step 2 Step 3 Step 4 Step 5
Monthly
Executive Management
City Manager 26,338.10$
Chief of Police 19,659.45 20,642.42 21,674.54 22,758.27 23,896.18 Assistant City Manager 19,659.45 20,642.42 21,674.54 22,758.27 23,896.18 Director of Public Works 18,040.10 18,942.11 19,889.22 20,883.69 21,927.86 Deputy City Manager 18,040.10 18,942.11 19,889.22 20,883.69 21,927.86 Community Development Director 17,609.77 18,490.25 19,414.75 20,385.49 21,404.76 Finance Director 17,609.77 18,490.25 19,414.75 20,385.49 21,404.76 Administrative Services Director 17,609.77 18,490.25 19,414.75 20,385.49 21,404.76 Parks & Recreation Director 17,609.77 18,490.25 19,414.75 20,385.49 21,404.76 Communications Director / City Clerk 16,804.81 17,645.04 18,527.29 19,453.65 20,426.33 Other Management - Exempt
Police Captain 16,547.61 17,375.00 18,243.75 19,155.93 20,113.74 Engineering Manager 14,566.48 15,294.81 16,059.56 16,862.54 17,705.67 Police Lieutenant 14,389.06 15,108.51 15,863.93 16,657.13 17,489.97 Assistant Finance Director 13,931.29 14,627.84 15,359.24 16,127.19 16,933.56 Chief Building Official 13,351.78 14,019.37 14,720.33 15,456.34 16,229.17 Economic Development Manager 13,191.46 13,851.03 14,543.59 15,270.77 16,034.30 Information Technology Manager 13,191.46 13,851.03 14,543.59 15,270.77 16,034.30 Human Resources Manager 13,191.46 13,851.03 14,543.59 15,270.77 16,034.30 Planning Manager 12,889.71 13,534.20 14,210.91 14,921.45 15,667.53 Principal Management Analyst 12,485.95 13,110.24 13,765.75 14,454.04 15,176.74 Financial Services Manager 12,155.92 12,763.71 13,401.89 14,071.98 14,775.57 Senior Civil Engineer 12,094.18 12,698.89 13,333.82 14,000.51 14,700.54 Public Works Maintenance Manager 11,917.57 12,513.45 13,139.13 13,796.09 14,485.88 Building/Fleet Maintance Manager 11,321.77 11,887.86 12,482.25 13,106.37 13,761.70 Parks Maintenance Manager 11,083.45 11,637.63 12,219.51 12,830.50 13,472.02 Recreation Manager 10,908.61 11,454.04 12,026.73 12,628.06 13,259.46 Senior Management Analyst 10,857.15 11,400.01 11,970.02 12,568.52 13,196.94 Senior Planner 10,574.25 11,102.97 11,658.12 12,241.03 12,853.08 Associate Civil Engineer 10,516.81 11,042.65 11,594.79 12,174.53 12,783.26 Senior Human Resources Analyst 10,389.10 10,908.56 11,453.99 12,026.68 12,628.01 Public Works Maintenance Superintendent 10,129.36 10,635.82 11,167.61 11,725.98 12,312.28 Sr. Systems Analyst 9,970.64 10,469.16 10,992.61 11,542.23 12,119.35 Senior Accountant 9,803.58 10,293.76 10,808.46 11,348.88 11,916.32 Communications Manager 9,506.97 9,982.32 10,481.43 11,005.51 11,555.79 Assistant Engineer 9,464.99 9,938.24 10,435.15 10,956.90 11,504.74 Management Analyst 9,440.96 9,913.02 10,408.67 10,929.10 11,475.55 Associate Planner 9,194.92 9,654.67 10,137.40 10,644.28 11,176.50 Human Resources Analyst 9,033.77 9,485.46 9,959.73 10,457.72 10,980.61 Parks Maintenance Supervisor 8,853.75 9,296.44 9,761.26 10,249.32 10,761.79 Technology Analyst II 8,813.46 9,254.13 9,716.84 10,202.68 10,712.81 Fleet Supervisor 8,749.29 9,186.75 9,646.09 10,128.39 10,634.80 Accountant II 8,524.55 8,950.78 9,398.32 9,868.25 10,361.66 Assistant Planner 8,275.11 8,688.85 9,123.30 9,579.46 10,058.43 Technology Analyst I 7,762.46 8,150.58 8,558.11 8,986.02 9,435.31 Accountant I 7,672.43 8,056.05 8,458.86 8,881.81 9,325.91 Management Assistant 6,455.99 6,778.79 7,117.73 7,473.61 7,847.29

Page 1 ends

6.12 Attachment 5 - Updated Pay Plan Effective July 1, 2023

367

Exhibit ACity of Foster City / Estero Municipal Improvement District FY 2023-2024 Pay Plan
Effective July 1, 2023
Hourly
Position Step 1 Step 2 Step 3 Step 4 Step 5
Other Management - Non-Exempt
Deputy City Clerk 43.8784 46.0723 48.3759 50.7947 53.3344 Police Records Supervisor 49.8726 52.3662 54.9845 57.7337 60.6204 Housing Coordinator 54.4671 57.1905 60.0500 63.0525 66.2051 Human Resources Technician 40.8812 42.9253 45.0716 47.3252 49.6915 AFSCME - Maintenance Unit
Public Works Lead Maintenance Worker 42.1107$ 44.2162$ 46.4270$ 48.7483$ 51.1857$ Building Lead Maintenance Worker 41.3424$ 43.4095$ 45.5800$ 47.8590$ 50.2519$ Parks Lead Maintenance Worker 41.3424$ 43.4095$ 45.5800$ 47.8590$ 50.2519$ Irrigation Technician 41.3424$ 43.4095$ 45.5800$ 47.8590$ 50.2519$ Mechanic I 40.8662$ 42.9095$ 45.0550$ 47.3077$ 49.6731$ Building Maintenance Worker II 38.9232$ 40.8694$ 42.9129$ 45.0585$ 47.3114$ Public Works Maintenance Worker II 38.1956$ 40.1054$ 42.1107$ 44.2162$ 46.4270$ Parks Maintenance Worker II 37.4988$ 39.3737$ 41.3424$ 43.4095$ 45.5800$ Equipment Maintenance Worker 37.0669$ 38.9202$ 40.8662$ 42.9095$ 45.0550$ Building Maintenance Worker I 35.3045$ 37.0697$ 38.9232$ 40.8694$ 42.9129$ Public Works Maintenance Worker I 34.6446$ 36.3768$ 38.1956$ 40.1054$ 42.1107$ Parks Maintenance Worker I 34.0125$ 35.7131$ 37.4988$ 39.3737$ 41.3424$ Public Works Maintenance Worker 31.4236$ 32.9948$
Parks Maintenance Worker 30.8504$ 32.3929$
AFSCME - General Unit
Plans Examiner 60.3602$ 63.3782$ 66.5471$ 69.8745$ 73.3682$ Sr. Bldg Inspector 54.7484$ 57.4858$ 60.3601$ 63.3781$ 66.5470$ Building Inspector 49.6584$ 52.1413$ 54.7484$ 57.4858$ 60.3601$ Sr. Engineering Technician 44.0526$ 46.2552$ 48.5680$ 50.9964$ 53.5462$ Recreation Coordinator II 43.5227$ 45.6988$ 47.9837$ 50.3829$ 52.9020$ Social Media / Communication Assistant 41.3790$ 43.4479$ 45.6203$ 47.9013$ 50.2964$ Administrative Assistant II 40.3340$ 42.3507$ 44.4682$ 46.6916$ 49.0262$ Recreation Coordinator I 39.4764$ 41.4502$ 43.5227$ 45.6988$ 47.9837$ Code Enforcement Officer II 39.4086$ 41.3790$ 43.4480$ 45.6204$ 47.9014$ Senior Accounting Specialist 37.1478$ 39.0052$ 40.9555$ 43.0033$ 45.1535$ Administrative Assistant I 36.5841$ 38.4133$ 40.3340$ 42.3507$ 44.4682$ Sr. Comm. Services Officer 35.7448$ 37.5320$ 39.4086$ 41.3790$ 43.4480$ Code Enforcement Officer I 35.7448$ 37.5320$ 39.4086$ 41.3790$ 43.4480$ Accounting Specialist 35.3789$ 37.1478$ 39.0052$ 40.9555$ 43.0033$ Building Services Coordinator 35.3044$ 37.0696$ 38.9231$ 40.8693$ 42.9128$ Police Records Specialist 34.8515$ 36.5941$ 38.4238$ 40.3450$ 42.3622$ Building Permit Technician 34.8515$ 36.5941$ 38.4238$ 40.3450$ 42.3622$ Office Assistant II 32.3380$ 33.9549$ 35.6526$ 37.4352$ 39.3070$ Office Assistant I 29.3315$ 30.7981$
FCPOA
Police Sergeant 68.1757$ 71.5845$ 75.1637$ 78.9219$ 82.8680$ Police Corporal 62.2919$ 65.4065$ 68.6768$ 72.1106$ 75.7161$ Police Dispatch Supervisor 57.2142$ 60.0749$ 63.0786$ 66.2325$ 69.5441$ Police Officer 56.2988$ 59.1137$ 62.0694$ 65.1729$ 68.4315$ Lead Police Dispatcher 52.4087$ 55.0291$ 57.7806$ 60.6696$ 63.7031$ Police Officer Recruit 51.0645$ 53.6177$
Police/Fire Dispatcher 47.5362$ 49.9130$ 52.4087$ 55.0291$ 57.7806$ Hourly / Part-Time / Seasonal
Building Services Coordinator Assistant 18.94$ 19.60$ 20.29$ 21.00$ 21.74$ Recreation Leader III 18.94$ 19.60$ 20.29$ 21.00$ 21.74$ Recreation Leader II 17.68$ 18.30$ 18.93$ 19.60$ 20.29$ Building Serv. Assistant 16.50$ 17.08$ 17.68$ 18.29$ 18.93$ Clerical Assistant 16.50$ 17.08$ 17.68$ 18.29$ 18.93$ Recreation Leader I 16.50$ 17.08$ 17.68$ 18.29$ 18.93$ Department Intern 16.50$ 30.00$
Videographer 20.00$ 30.00$
Hourly

Page 2 ends

6.12 Attachment 5 - Updated Pay Plan Effective July 1, 2023

368

DATE: December 18, 2023

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

FROM: Edmund Suen, Finance Director
Waqas Hassan, Assistant Finance Director
DEPARTMENT: Finance
SUBJECT: ANNUAL DEVELOPMENT IMPACT FEE AND CAPACITY FEE REPORT FOR FISCAL YEAR 2022-2023

RECOMMENDATION
It is recommended that the City Council/EMID Board of Directors adopt the attached resolutions approving the annual development impact fee and capacity fee report for Fiscal Year 2022-2023.

EXECUTIVE SUMMARY
California Government Code 66000-66013 requires public agencies who assess development impact fees and capacity fees to provide an annual report at a public meeting. City staff has prepared such a report for Fiscal Year 2022-2023.

BACKGROUND AND ANALYSIS
Local agencies often charge a fee as a condition of approval for development projects to fund public improvements to compensate for the demands that the developments have on public resources. This fee is known as a development impact fee. In 1989, the State Legislature passed Assembly Bill 1600 (AB 1600), which added Sections 66000 et seq. to the California Government Code known as the Mitigation Fee Act (MFA). The MFA applies to fees imposed on development projects to fund public facilities.

6.13 6.13 Staff Report

369

The City/District assesses two enterprise capacity fees – Water Connection Fee and Sewer Connection Fee. The purpose of the capacity fees is to ensure that development pays its fair share of the costs associated with providing system capacity. The fee is charged at the time the building permit is issued. The fees collected enable the City/District to recover its initial infrastructure construction costs and subsequent maintenance costs that ratepayers have incurred to provide capacity for future connections. As of June 30, 2023, for Water Connection Fee, the unexpended fund balance is $1,206,901 and, for Sewer Connection Fee, the unexpended fund balance is $338,429. These fund balances and continued collection fees will be utilized to fund the projects related to system improvements and ongoing maintenance of existing facilities.

The City/District also assesses the following development impact fees.

A. Affordable Housing Commercial Linkage Fee – This fee is paid by developers of commercial development projects to mitigate the impacts that such developments have on the demand for affordable housing in the City/District. As of June 30, 2023, the unexpended fund balance was $588,599. The fund balance and continued collection of this fee will be used to provide housing affordable to very low income, lower income, and moderate-income households in the City.

B. Park Facilities Impact Fee – This fee is paid by developers for their share of the development of park and recreational facilities related to new development. As of June 30, 2023, there were no Park Facilities Impact fees collected.

C. Public Safety Impact Fee – The purpose of the fee is to fund public safety facilities by providing adequate levels of police and fire facility improvements, vehicles, and other equipment necessary for adequate police and fire service provision related to new development. As of June 30, 2023, there were no Public Safety Impact fees collected.

D. Transportation Impact Fee – The purpose of the fee is to fund the planning, design, development, and construction of Transportation Facilities related to new development and ensure that new development pays for its fair share of Transportation Facilities. As of June 30, 2023, there were no Transportation Impact fees collected.

Pursuant to Government Code Section 66006(b)(1), AB 1600 requires local agencies to report the impact fees collected and their use annually. The MFA requires that the annual report of the impact fee must be made available to the public within 180 days after the last day of the fiscal year. The report must contain:

1. A brief description of the type of fee.

2. The amount of the fee.

3. The fee beginning and ending balances for the fiscal year.

4. The amount of fee collected, and interest earned.

6.13 6.13 Staff Report

370

5. An identification of each expenditure from the account, including a brief description of the expenditure and the percentage of the total cost of the expenditure funded by the fee.

6. An approximate date when construction will begin if the agency determines it has sufficient funds to complete a public improvement.

7. A description of any interfund transfer or loan made from the account.

8. The amount of any refunds made from the account.

The attached report contains details to satisfy the requirements of Government Code section 66006 and is available to the public on the Financial Services page of the City’s website.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Not Applicable

FISCAL IMPACT
There is no fiscal impact for the acceptance of this report.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
City Council Operations and Improved Community Engagement ATTACHMENTS:

Attachment 1 – City Resolution
Attachment 2 – EMID Resolution
Attachment 3 – Development Impact Fees Report for Fiscal Year 2022-2023

6.13 6.13 Staff Report

371

RESOLUTION NO. _____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER ACCEPTING THE

ANNUAL DEVELOPMENT IMPACT FEE AND CAPACITY FEE REPORT FOR FISCAL YEAR 2022-2023

CITY OF FOSTER CITY
WHEREAS, local agencies often charge fee as a condition of approval for development projects to fund improvements to compensate for the demands that the developments have on public resources known as Development Impact Fee; and
WHEREAS, in 1989, the State Legislature passed Assembly Bill 1600 (AB 1600), which added Sections 66000 et seq. to the California Government Code known as Mitigation Impact Fee; and
WHEREAS, City/District assesses four Development Impact Fees – Affordable Housing Commercial Linkage Fee, Park Facilities Impact Fee, Public Safety Impact Fee, and Transportation Impact Fee – and two Capacity Fees – Water Capacity Fee and Wastewater Capacity Fee; and
WHEREAS, pursuant to Government Code Section 66006 (b)(1), AB 1600 requires local agencies to report the Impact fees and Capacity fees collected and their use annually; and WHEREAS, staff has completed the annual development impact fee and capacity fee report for FY 2022-2023; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Foster City does hereby: Accept the Annual Development Impact Fee and Capacity Fee report for the Fiscal Year 2022-2023; and
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the Regular Meeting held on the 18th day of December 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________________

PATRICK SULLIVAN, MAYOR
ATTEST:
______________________________

PRISCILLA SCHAUS, CITY CLERK

6.13 Attachment 1 - City Resolution

372

RESOLUTION NO. _____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT ACCEPTING THE ANNUAL DEVELOPMENT IMPACT FEE AND CAPACITY FEE REPORT FOR FISCAL YEAR 2022-2023

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, local agencies often charge fee as a condition of approval for development projects to fund improvements to compensate for the demands that the developments have on public resources known as Development Impact Fee; and
WHEREAS, in 1989, the State Legislature passed Assembly Bill 1600 (AB 1600), which added Sections 66000 et seq. to the California Government Code known as Mitigation Impact Fee; and
WHEREAS, City/District assesses four Development Impact Fees – Affordable Housing Commercial Linkage Fee, Park Facilities Impact Fee, Public Safety Impact Fee, and Transportation Impact Fee – and two Capacity Fees – Water Capacity Fee and Wastewater Capacity Fee; and
WHEREAS, pursuant to Government Code Section 66006 (b)(1), AB 1600 requires local agencies to report the Impact fees and Capacity fees collected and their use annually; and WHEREAS, staff has completed the annual development impact fee and capacity fee report for FY 2022-2023; and
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Estero Municipal Improvement District does hereby: Accept the Annual Development Impact Fee and Capacity Fee report for the Fiscal Year 2022-2023; and
PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the Regular Meeting held on the 18 th day of December 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________________

PATRICK SULLIVAN, PRESIDENT
ATTEST:
__________________________________________________________

PRISCILLA SCHAUS, DISTRICT SECRETARY

6.13 Attachment 2 - EMID Resolution

373

1 Published, 11/27/2023
City of Foster City/Estero Municipal Improvement District Annual Development Impact Fee and Capacity Fee Report
Fiscal Year Ended June 30, 2023

This report serves as the City of Foster City and the Estero Municipal Improvement District’s (City/District) annual report on development impact fees and housing impact fee revenues and expenditures as required by the Government Code Section 66001- 66013. The City/District currently assesses six development impact and capacity fees – Water Connection Fee, Sewer Connection Fee, Affordable Housing Commercial Linkage Fee, Park Facilities Impact Fee, Public Safety Impact Fee, and Transportation Impact Fee.

Water Connection Fee
Water Connection Fee is a type of capacity fee that public agencies may impose as a condition of development under the authority of California Government Code Section 66000 et seq, the Mitigation Fee Act. The purpose of the fee is to ensure that development pays its fair share of the costs associated with providing system capacity. The connection fee is charged at the time of the building permit is issued, and it is based on the size of the service connection, which is a direct measure of the cost of the facilities and the capacity provided by those facilities. The fees collected will be used to pay for existing and future public facilities that provide water capacity, supply, and infrastructure to serve new connections.

The following table shows the revenues and expenditures activities of water connection fees and the capital projects funded by the fee.

Meter Size Fees
¾ “ $12,075
1 “ $20,166
1 ½” $48,301
2 “ $64,360
3 “ $140,919
4 “ $253,580
6 “ $563,550
8 “ $966,019
Water Connection Fee Schedule
Fiscal Year 2022-2023

6.13 Attachment 3 - Development Impact Fee Report for Fiscal Year2022-2023

374

2 Published, 11/27/2023
Water Connection Fee
Revenues and Expenditures Schedule
For the Fiscal Years Ended June 30

Projects Funded by Water Connection Fee as of June 30, 2023

As of June 30, 2023, there were no interfund transfers, loans, or refunds made from the fund, and the unexpended fund balance of the water connection is $1,206,901. The fund balance and continued collection of water connection fees will be utilized to fund projects related to the water system improvements and ongoing maintenance of existing facilities. The City/District anticipates funding a part of the water tank improvement project (405- 660) using a portion of the water connection fees in the next fiscal year.

Fiscal Year Ended June 30, 2019 2020 2021 2022 2023
BEGINNING BALANCE $ - $ 180,659 $ - $ 678,698 $ 1,125,686 REVENUES:

Water Connection Fees 211,420 - 977,278 443,541 46,433 Interest Income 2,249 3,221 2,779 3,447 34,782 Total revenues 213,669 3,221 980,057 446,988 81,215 EXPENDITURES:

Capital Projects:

Water System Improvements & Valve
Replacements (CIP#636) 33,010 183,880 159,287 - - Water Tank Improvements Project (CIP#660) - - 142,072 - - Total expenditures 33,010 183,880 301,359 - - REVENUES OVER(UNDER) EXPENDITURES 180,659 (180,659) 678,698 446,988 81,215 ENDING BALANCE $ 180,659 $ - $ 678,698 $ 1,125,686 $ 1,206,901 Project No. Project Name
Total-To-Date
Expenditure
(All Funding Sources)
Total Impact
Fees Used
% of Expenditures
Funded with
Capacity Fee
Project
Completed?
(Y/N)
405-651 Two Natural Gas Powered Engines & Pumps
Replacement
932,253$ 7,630$ 1% Y 405-668 Water Distribution System Master Plan
Study
163,485$ 116,254$ 71% Y 405-636 Water System Improvements & Valve
Replacements
1,398,126$ 376,177$ 27% N - in progress 405-660 Water Tank Improvements Project 370,400$ 142,072$ 38% N - in progress

6.13 Attachment 3 - Development Impact Fee Report for Fiscal Year2022-2023

375

3 Published, 11/27/2023
Sewer Connection Fee
Sewer Connection Fee is a type of capacity fee that public agencies may impose as a condition of development under the authority of California Government Code Section 66000 et seq, the Mitigation Fee Act. The purpose of the fee is to recover an equitable share of costs for capacity in facilities needed to provide sewer services. New development connecting to the City of Foster City/District’s sewer system is charged at the time of the building permit is issued. The connection fee is based on the reasonable cost of capacity per service connection. The reasonable cost is derived based on the value of facilities that provide capacity for growth. The sewer connection fees are charged based on per Equivalent Dwelling Unit (EDU). Single family and multi family connections are charged per EDU based on the number of dwelling units. Commercial customers are charged per EDU based on their estimated indoor water use and a strength factor for low, medium, and high strength sewer discharge. The fees collected will be used by the City/District to pay for existing and future facilities that provide capacity to serve future connections.

The following table shows the revenues and expenditures activities of sewer connection fees and the capital projects funded by the fee.

Customer Class Fees Unit
Single Family $8,444.80 Per Dwelling Unit
Multi Family $5,275.90 Per Dwelling Unit
Commercial $8,444.80 Per Equivalent Dwelling Unit
Sewer/Wastewater Connection Fee Schedule
Fiscal Year 2022-2023

6.13 Attachment 3 - Development Impact Fee Report for Fiscal Year2022-2023

376

4 Published, 11/27/2023
Sewer Connection Fee
Revenues and Expenditures Schedule
For the Fiscal Years Ended June 30

Projects Funded by Sewer Connection Fee as of June 30, 2023

As of June 30, 2023, there were no interfund transfers, loans or refunds made from the fund, and the unexpended fund balance of the sewer connection is $338,429. The fund balance and continued collection of sewer connection fee s will be utilized to fund the projects related to the sewer system improvements and ongoing maintenance and operations of existing facilities. The Fiscal Year Ended June 30, 2020 2021 2022 2023
BEGINNING BALANCE $ - $ - $ 147,971 $ 329,365 REVENUES:

Sewer Connection Fees - 482,551 180,449 8,120 Interest Income - 1,234 945 945 Total revenues - 483,785 181,394 9,065 EXPENDITURES:

Capital Projects:

Sewer System Rehab-Force Main, Gravity
Mains & Manholes 2011/2012 (CIP#611) - 146,590 - - Sanitary Sewer Lift Station Improvement
Project Phase 5 (CIP#626) - 83,089 - - Lift Station 59 Effluent Line Improvements
(CIP#695) - 49,773 - - Sanitary Sewer System Improvements
(CIP#696) - 56,362 - - Total expenditures - 335,814 - - REVENUES OVER(UNDER) EXPENDITURES - 147,971 181,394 9,065 ENDING BALANCE $ - $ 147,971 $ 329,365 $ 338,429 Project No. Project Name
Total-To-Date
Expenditure
(All Funding Sources)
Total Impact
Fees Used
% of Expenditures
Funded with
Capacity Fee
Project
Completed?
(Y/N)
455-611 Sewer System Rehab-Force Main, Gravity
Mains & Manholes 2011/2012 (CIP#611)
1,199,170$ 146,590$ 12% Y
455-626 Sanitary Sewer Lift Station Improvement
Project Phase 5 (CIP#626)
7,673,868$ 453,293$ 6% N - in progress 455-695 Lift Station 59 Effluent Line Improvements
(CIP#695)
75,805$ 49,773$ 66% N - in progress 455-696 Sanitary Sewer System Improvements
(CIP#696)
56,362$ 56,362$ 100% N - in progress

6.13 Attachment 3 - Development Impact Fee Report for Fiscal Year2022-2023

377

5 Published, 11/27/2023
City/District does not anticipate undertaking any projects funded by sewer connection fees in the next fiscal year.

Affordable Housing Commercial Linkage Fee
Affordable Housing Commercial Linkage Fee is the fee paid by developers of commercial development projects to mitigate the impacts that such developments have on the demand for affordable housing in the C ity/District. The purpose of the affordable housing linkage fee is to enhance the public welfare by imposing a fee whereby developers of commercial development projects will mitigate the impacts of their projects on the need for affordable housing by contribution to the supply of housing for households with very low, low, and moderate incomes.

The affordable housing fund will provide benefits to the community from new commercial development in the form of affordable housing, thereby helping to meet the needs of all socio- economic elements of the community as provided in the housing element.

The following table shows the revenues and expenditures activities of commercial linkage fees.

Category Fee per Square Foot of Net New Gross Floor Area (effective starting 8/20/2022)
Office, and Medical Office $30.00
Retail, Restaurant, and Services $5.00
Industrial, and Research & Development $30.00
Hotel $10.00
Affordable Housing Commercial Linkage Fee (Nonresidential Development Projects) Schedule Fiscal Year 2022-2023

6.13 Attachment 3 - Development Impact Fee Report for Fiscal Year2022-2023

378

6 Published, 11/27/2023

Commercial Linkage Fee
Revenues and Expenditures Schedule
For the Fiscal Year Ended June 30, 2023

As of June 30, 2023, there were no interfund transfers, loans, or refunds made from the fund, and the unexpended fund balance of the commercial linkage was $588,599. The fund balance and continued collection of commercial linkage fees will be used to provide housing affordable to very low income, lower income, and moderate-income households in the City, consistent with the goals and policies contained in the City/District’s housing element and the purposes for which the fees were collected.

Park Facilities Impact Fee
The park facilities impact fee is a type of development fee that public agencies may impose as a condition of development under the authority of California Government Code Section 66000 et seq, the Mitigation Fee Act. The purpose of the fee is to fund the creation and improvement of Park Facilities, including, but not limited to, the planning, designing, developing, and improving of existing and newly acquired Park Facilities related to n ew development and ensure that new development pays for its share of park and recreational facilities.

Fiscal Year Ended June 30, 2021 2022 2023
BEGINNING BALANCE $ - $ 568,915 $571,506 REVENUES:

Commercial Linkage Fees 567,683 - - Interest Income 1,232 2,591 17,093 Total revenues 568,915 2,591 17,093 EXPENDITURES:

Housing Projects Expenditures - - - Total expenditures - - - REVENUES OVER(UNDER) EXPENDITURES 568,915 2,591 17,093 ENDING BALANCE $ 568,915 $ 571,506 $588,599

6.13 Attachment 3 - Development Impact Fee Report for Fiscal Year2022-2023

379

7 Published, 11/27/2023
Parks Facilities Impact Fee Schedule
Fiscal Year 2022-2023
(effective starting 8/20/2022)
Residential Development Projects (per unit)
Single Family Residential $14,926
Multifamily Residential $11,639
Non-Residential Development Projects (per Sq. Ft.)
Office $6.24
Retail $2.35
Industrial $3.51
Hotel $2.14

In FY2022-2023, there were no parks facilities impact fees collected.

Public Safety Impact Fee
The public safety impact fee is a type of development fee that public agencies may impose as a condition of development under the authority of California Government Code Section 66000 et seq, the Mitigation Fee Act. The purpose of the fee is to fund public sa fety facilities by providing adequate levels of police and fire facility improvements, vehicles, and other equipment necessary for adequate police and fire service provision related to new development.

Public Safety Impact Fee Schedule
Fiscal Year 2022-2023
(effective starting 8/20/2022)
Residential Development Projects (per unit)
Single Family Residential $1,594
Multifamily Residential $1,243
Non-Residential Development Projects (per Sq. Ft.)
Office $1.14
Retail $0.64
Industrial $0.38
Hotel $0.23

In FY2022-2023, there were no public safety impact fees collected.

6.13 Attachment 3 - Development Impact Fee Report for Fiscal Year2022-2023

380

8 Published, 11/27/2023
Transportation Impact Fee
The transportation impact fee is a type of development fee that public agencies may impose as a condition of development under the authority of California Government Code Section 66000 et seq, the Mitigation Fee Act. The purpose of the fee is to fund the planning, design, development, and construction of Transportation Facilities related to New Development and ensure that New Development pays for its fair share of Transportation Facilities.

Transportation Impact Fee Schedule
Fiscal Year 2022-2023
(effective starting 8/20/2022)
Residential Development Projects (per unit)
Single Family Residential $2,123
Multifamily Residential $1,656
Non-Residential Development Projects (per Sq. Ft.)
Office $3.62
Retail $2.01
Industrial $1.19
Hotel $0.72

In FY2022-2023, there were no transportation impact fees collected.

6.13 Attachment 3 - Development Impact Fee Report for Fiscal Year2022-2023

381

5 2
3 DATE: December 18, 2023

TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager

FROM: Marlene Subhashini, Assistant City Manager
Edmund Suen, Finance Director
Sofia Mangalam, Community Development Director
Priscilla Schaus, Communications Director/City Clerk
DEPARTMENT: City Manager
Finance
Community Development
Communications/City Clerk
SUBJECT: UPDATE ON PROGRESS ON THE BUSINESS LICENSE TAX (BLT) ORDINANCE AND A POTENTIAL 2024 BLT BALLOT

MEASURE

RECOMMENDATION
It is recommended that the City Council, by minute order, receive an update on the progress on amending the Business License Tax (BLT) Ordinance and potential 2024 BLT ballot measure.

EXECUTIVE SUMMARY
On October 16, 2023, staff provided a preliminary report on the approach to amending the BLT Ordinance, and steps leading up to the ballot measure in the November 2024 General Election. At the meeting, the City Council received the report and provided the direction to staff to continue the work on placing the BLT ballot measure on the November 2024 General Election (see link to the meeting). Additionally, staff noted the issuance of a Request for Proposal (RFP) for BLT consulting services and another RFP for a focused stakeholder outreach and polling leading up to the November 2024 ballot.

6.14 6.14 Staff Report

382

5 2
3 BACKGROUND/ANALYSIS
On September 19, 2023, staff issued an RFP for BLT consulting services, and received one (1) response from HDL Companies (HDL), with a proposed contract amount not exceeding $30,000.

Upon interviewing HDL, staff determined that the consultant possessed the requisite expertise and knowledge related to BLT. The City has a purchasing policy under which if the contract amount is between $10,000-$50,000, the City Manager can authorize the issuance of an RFP and is authorized to approve contracts under $50,000. Thus, City contracted with HDL for amending BLT ordinance. A kickoff meeting was conducted to discuss the scope of the work. HDL is currently engaged in preparing an informational report for the upcoming City Council meeting in January/February 2024, where staff and the consultant will seek guidance on the preferred methodology to amend the BLT Ordinance.

Concurrently, another RFP was issued for 2024 Ballot Measure Polling and Public Outreach Consultant Services on October 26, 2023, with a response deadline set for November 15, 2023. Staff received three (3) responses, including:
• Probolsky Research/GrassrootsLab
• Team Civx/EMC Research/NBS
• Tripepi Smith/FM3 Research
In order to better understand the scope of work provided in the responses, City staff, including Assistant City Manager Subhashini, Finance Director Suen, Communications Director/City Clerk Schaus and Community Development Director Director Mangalam, conducted interviews with all the three (3) firms. Due to the complexity of two (2) different aspects of outreach involving focused outreach and polling, it was noted that the lead consultant teamed up with subconsultants to provide a comprehensive response. Upon further deliberation and based on discussions with staff from neighboring cities engaged in a similar effort, staff decided that two (2) separate RFPs, one (1) for outreach and one (1) for polling/surveys would be a better approach and also cost effective.

On December 01, 2023, a separate RFP for outreach consultant services was issued, again yielding three (3) responses, including, GrassrootsLab, Team Civx/ NBS and Tripepi Smith. Among the three (3) proposals, GrassrootsLab stood out for its excellent understanding of complexity of public engagement and education pertaining to a ballot measure. The agreement amount of $49,000 is within the City Manager’s approval authority. The selected outreach consultant will undertake a comprehensive approach, including but not limited to:
• A dedicated webpage with information regarding the current business license tax program, background on modernizing the tax, discussions to date, the options being considered, and the timeline for a ballot measure. • A direct, targeted outreach to the approximately 24 businesses that would potentially be impacted by such changes to the BLT Ordinance.

6.14 6.14 Staff Report

383

5 2
3 • Community workshop(s) for local businesses and residential community to inform them of the proposed amendments to the BLT Ordinance.

Recognizing the importance of understanding residents and business community’s opinion, ensuring that voters are accurately informed and understanding the outcome of their vote(s) associated with the ballot measure, staff will also be engaging a separate consultant for polling services. These services will include:
• Create survey(s)for residential and business community, instrument and undertake a statistically valid online survey and/or telephone poll related to the BLT measure.
• Provide statistical data from which conclusions can be drawn and recommendations made relative to the number of respondents and the effect on the margin of error. The sample size should yield a 90% confidence level and a +/-5% accuracy level.

Next Steps
Staff is working with HDL on an informational report that would compare Foster City’s BLT with other local jurisdictions, including an analysis of comparable cities’ business license tax structures and alternative fee structures, formula, its impact on existing businesses and the City’s revenues. Upon completion of the report, staff will present the report to the City Council in January/February 2024 to seek direction on the preferred methodology to amend the BLT Ordinance. Staff will then work with the consultant on the proposed amendments to the BLT Ordinance and introduce the ordinance to the City Council in May/June 2024. Parallel to this, staff will conduct a focused stakeholder outreach and polling leading up to the November 2024 ballot.

California Environmental Quality Act
The action proposed herein is exempt from the California Environmental Quality Act (CEQA), pursuant to state CEQA Guidelines Section 15061 (b)(3).

FISCAL IMPACT
The agreement amounts for the consulting services, including BLT amendments and stakeholder outreach will be paid from the Economic Development Division budget due to savings from the vacant Economic Development Manager position. Those savings will be used to fund the consulting services; therefore, no additional appropriation is required.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Smart Planning, Development, and the Local Economy
ATTACHMENTS:

None

6.14 6.14 Staff Report

384

DATE: December 18, 2023

TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager

FROM: Sofia Mangalam, Community Development Director
Leslie Carmichael, Consulting Planner
DEPARTMENT: Community Development
SUBJECT: MULTIFAMILY AND RESIDENTIAL MIXED USE OBJECTIVE

DESIGN AND DEVELOPMENT STANDARDS AND RELATED
AMENDMENTS TO MUNICIPAL CODE TITLE 17, VARIOUS
CHAPTERS (RZ2021-0001) AND FINDING THE AMENDMENTS

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY

ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION
15061(B)(3)

RECOMMENDATION
It is recommended that the City Council take the following actions: (1) introduce and pass to second reading the Ordinance (Attachment 1) amending Title 17, “Zoning” adding a new Chapter 17.96 Multifamily and Residential Mixed Use Objective Design and Development Standards and finding that the proposed amendments to Title 17 are exempt under CEQA Guidelines Section 15061(b)(3); and (2) introduce and pass to second reading the Ordinance (Attachment 2) amending Title 17,“Zoning” making revisions to various chapters including to 17.04 Definitions; 17.12 R-1 Single Family Residence District; 17.14 R-2 Two Family Residence District; 17.16 R-T Townhouse Residence District; 17.18 R-3 Medium Density Multiple-Family Residence District;

17.20 R-4 High Density Multiple-Family Residence District; 17.26, C-2 General Business District; 17.28 C-M Commercial Mix District; 17.36 PD Planned Development Combining District; 17.58 Architectural Control And Supervision; and 17.62 Off-Street Parking Regulations and finding that the proposed amendments to Title 17 are exempt under CEQA Guidelines Section 15061(b)(3).

7.1 7.1 Staff Report

385

EXECUTIVE SUMMARY
Recent state laws have limited a local jurisdiction’s ability to apply subjective design standards for qualifying housing projects such that local jurisdictions can now only rely on the application of objective design standards to multi-family and residential mixed-use projects. Objective standards are those that do not involve personal or subjective judgment. Those standards can typically be referenced to an external and uniform benchmark or criterion and are knowable by both the development project applicant or proponent and the public official.

The impetus for creating the objective design and development standards (ODDS) comes from both the City’s current General Plan and recent changes in State law. The Housing Element of the General Plan, as adopted on May 22, 2023, includes numerous programs, including the following:
•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.

On May 3, 2021, the City Council adopted Resolution No. 2021-52, directing staff and the Planning Commission to prepare the Multi-Family Objective Design Standards in a new chapter of Title 17, Zoning, of the Foster City Municipal Code (see link to the meeting for details).

Implementing ODDS includes new or amended development requirements for parking, height, setbacks, open space, and materials and colors for multi-family and residential mixed-use projects. Therefore, as part of the implementation of these ODDS, there are also updates to other chapters of the Municipal Code.

On November 16, 2023, the Planning Commission held a public hearing to review the draft amendments to Chapter 17.90. At the meeting, the Commission voted 4-0-1 (one absent) to approve Resolution P-17-23 recommending City Council adoption of an Ordinance amending Title 17, “Zoning” adding a new Chapter 17.96 Multifamily and Residential Mixed Use Objective Design and Development Standards and finding that the proposed amendments to Title 17 are exempt under CEQA Guidelines Section 15061(b)(3) and Resolution P-18-23 recommending that the City Council adopt an ordinance amending various chapters of Title 17, “Zoning” and finding that the proposed amendments are exempt under CEQA Guidelines Section 15061(b)(3). See link to the meeting for details.

7.1 7.1 Staff Report

386

BACKGROUND
The legislature has adopted dozens of bills over the past few years that have significantly changed typical planning and approval processes, including Senate Bill (SB) 35, SB 167 and SB 330:
•SB 35 (2017) streamlines housing development approvals on infill sites that comply with “objective standards,” meet minimum affordability requirements, are not environmentally sensitive, and if the developer pays a prevailing wage and uses a “skilled and trained workforce” for projects over a certain threshold. •SB 423 (2023) expands and strengthens SB 35. Specifically, SB 423 amends Government Code Section 65913.4’s streamlined ministerial approval process for multifamily housing developments to cover more jurisdictions and more types of projects. SB 423 also extends the sunset of SB 35 by ten (10) years, from January 1, 2026, to January 1, 2036.
•SB 167 (2017) strengthened the Housing Accountability Act (HAA) by preventing cities from denying zoning and general plan compliant proposed housing development projects or conditioning their approval based on lower density unless cities make findings that the proposed housing development would have specific adverse impacts on human health or safety. The bill states that the local agency can require the housing development to comply with objective, quantifiable, written development standards applied to facilitate and accommodate development at the density permitted on the site and proposed by the development.
•SB 330 (2019) requires timely processing of qualifying housing development projects that comply with all applicable objective standards and other ordinances and policies and freezes impact fees and other fees in place when a pre- application is filed and deemed complete. Where housing is an allowable use, a local jurisdiction cannot impose or enforce design standards established after January 1, 2020, that are not objective design standards.

Until recently, the City of Foster City was not subject to the provisions of SB 35, but that changed in 2023. As per the latest 2023 SB 35 Statewide Determination Summary, based on Housing Element Annual Progress Reports (APRs), Foster City made insufficient progress toward the Lower income RHNA (Very-Low and Low income) and is therefore subject to the streamlined ministerial approval process (SB 35) for proposed developments with at least 50% affordability. Thus, it is critical for Foster City to adopt objective standards and implement them for a streamlined review of qualifying housing projects.

The combination of changes in state law and court decisions has greatly reduced the ability of jurisdictions to apply subjective standards to housing developments. However, the HAA allows jurisdictions to establish and enforce design standards that are objective and in place when an application is deemed complete. Adopting ODDS enables jurisdictions to retain most local control over the design of housing developments.

7.1 7.1 Staff Report

387

In addition, a part of the California Department of Housing and Community Development (HCD) review of the draft Housing Element includes an assessment of whether the development standards accommodate the densities allowed by the general plan and zoning. The commitment in Housing Program H-D-6-e to “…ensure the densities allowed by the General Plan can be achieved in compliance with the Housing Accountability Act” is a key requirement for obtaining and maintaining certification of the Housing Element.

Public Meetings and Community Engagement
A robust community engagement process was conducted to ensure that residents’ views regarding the design of new multi-family developments are captured in the new regulations, including four (4) Planning Commission study sessions, data walk/survey, a 30-day public comment period on the draft ordinance, a dedicated website, and various tabling events as described below.
• Planning Commission Study Session #1– July 15, 2021 (linked) The Planning Commission held a Study Session on July 15, 2021, to receive an introduction to the ODDS and to provide initial direction to staff. Staff also presented a preview of the Data Walk tool and noted that it would launch Data Walk on August 17, 2021, for community feedback.

At the conclusion of the meeting, the Planning Commission directed staff to review standards of cities in similar size and land features, noted developments that contain exemplary design features within the city, and provided key design standards which staff should focus on. These included:
oRooflines and roof shapes
oRelationship to neighboring properties
oRelationship to waterfront
oLandscaping, including pathfinding and wayfinding
oLighting
oMassing, size, height
oColors and materials
oParking
oDecking and railings
•Data Walk – August 17, 2021, through September 30, 2021 On August 17, 2021, Data Walk was launched, with materials posted on the website, in which members of the public could participate in the self-guided walk virtually or in person by visiting 10 existing multi-family developments, including Sand Cove Apartments, Foster Square, Alma Point Senior Apartments, Sandpiper Apartments, the Admiralty, 100 Grand Apartments, Waverly Cove Townhomes, Triton Apartments, Plaza Apartments and Cityhomes East Townhomes.

Participants were asked to share their reactions to the developments with the project team. Between August 17, 2021, and September 30, 2021, project staff received 316 individual responses from 23 participants ( see Attachment 1 from

7.1 7.1 Staff Report

388

October 21, 2021, Study Session). When asked if certain developments were consistent with Foster City’s community character, the following topics came up most frequently:
oMaterials and color (51 responses)
oBuilding massing (50 responses)
oOpen space (44 responses)
oPedestrian facilities (35 responses)
• Planning Commission Study Session #2 – October 21, 2021 (linked) At the October 21, 2021, Study Session meeting, staff reviewed all community engagement efforts that followed the July 15, 2021, Study Session, specifically the Data Walk. The Commission discussed how participants provided mixed feedback on whether higher-density or taller development felt appropriate in Foster City and felt that the lagoon, landscaping, and open spaces were important to the City’s character. Other areas of concern included parking, “blocky” architecture, architectural details such as balconies, and providing adequate shade.
• Planning Commission Study Session #3 - August 17, 2023 (linked) At this meeting, staff presented a draft ordinance for ODDS including the four (4) main sections:

17.96.010 Intent and purpose.

17.96.020 Applicability.

17.96.030 Process.

17.96.040 Design and Development standards.

At the meeting, the Planning Commission provided comments to staff on the draft ordinance for further refinements, including:
oprovide for flexibility through an exception request process without requiring a unique physical circumstance.
oprovide different walkway width standards for different uses. oprovide 50% credit for rooftops and 100% credit for raised courtyards and publicly accessible open space.
oremove trellis from the list of shade structures.
oallow use of high-quality artificial turf.
oadd boat access wherever possible.
•Draft Ordinance Public Review period (August 24 - September 25, 2023) and tabling events
After the Study Session on August 17, 2023, staff solicited feedback from the community and opened the public comment period from August 25 through September 25, 2023, via online feedback form. Emails were sent to various listservs and the staff also conducted three (3) tabling events. At these events,

7.1 7.1 Staff Report

389

flyers were distributed, informing the public and directing them to the online feedback form. The tabling events were held on the following dates and locations:
oSeptember 6: Off the Grid from 5:00 pm to 6:00 pm
oSeptember 13: Starbucks, Foster Square from 9:00 am to 10:00 am oSeptember 20: Foster Square from 11:30 am to 12:00 pm
• Planning Commission Study Session #4 – October 19, 2023 (linked) At the last Study Session, staff incorporated revisions as per direction received from the Planning Commission in the previous study session and presented additional edits to various chapters in Title 17 which need to be updated for the implementation of the ODDS.

At this meeting, the Planning Commission directed staff not to put any limit on artificial turf in the new Chapter 17.96 and have bicycle parking requirement expressed as 1 parking space per 10 dwelling units instead of 0.1 spaces per dwelling unit in the amended Chapter 17.62.
• Planning Commission Public Hearing – November 16, 2023 (linked) At the Planning Commission public hearing, staff presented the proposed new Chapter 17.96 Multifamily and Residential Mixed Use Objective Design and Development Standards and discussed further edits made in consultation with the City Attorney’s office. Staff also presented amendments to other Chapters of the Municipal Code. The Planning Commission adopted Resolution P-17-23 (Attachment 4) recommending City Council adoption of Chapter 17.96 and adopted Resolution P-18-23 (Attachment 5) recommending City Council adoption of the related amendments to Title 17. At the meeting, the Commission voted 4- 0-1 (one absent) recommending that the City Council approve Multifamily and Residential Mixed Use Objective Design and Development Standards and revisions to other Chapters of the Municipal Code (see Attachment 6 for meeting minutes)
New Chapter 17.96 Multifamily and Residential Mixed Use Objective Design and Development Standards of the Municipal Code (see Attachment 1, Exhibit A) The Draft ordinance for the new Chapter 17.96 includes five (5) main sections, including:
o17.96.010 Intent and purpose.
o17.96.020 Applicability.
o17.96.030 Process.
o17.96.040 Site design and development standards.
o17.96.050 Building design and development standards

17.96.010 Intent and purpose discusses the objectives behind establishing these standards, including preserving Foster City’s architectural standards and protecting health, safety and welfare. The standards aim to achieve high quality residential projects,

7.1 7.1 Staff Report

390

provide clarity in project expectations, allow design flexibility, enhance open spaces, promote sustainability, and comply with state laws.

17.96.020 Applicability discusses that the provisions would apply to all new residential projects, including mixed-use/commercial developments and exclude R-1, R-1/PD, SB 9 and Accessory dwelling units.

17.96.030 Process includes that the provisions will be integral to the review of development applications. A project applicant can seek exceptions by submitting a written request to the Planning Commission justifying the infeasibility and demonstrate how the exception aligns with the standards’ intent.

17.96.040 Site design and development standards include standards for access, parking, loading, parking, loading, open space, site lighting, landscaping, security, utilities, site furniture, and signage.

17.96.050 Building design and development standards include standards for upper story stepbacks, neighborhood transition plane, roof articulation, wall articulation, fenestration, materials and colors, building lighting, building signage, and ground floor design.

Amendments to other Chapters of the Municipal Code (see Attachment 2, Exhibits A through K, and Attachment 3 for the redline version of Exhibits A through K) Title 17 Zoning of the Municipal Code includes development standards for various zoning districts based on their land uses included in the General Plan.

There are primary districts, including: R-1, Single-Family Residence District; R-2, Two- Family Residence District; R-T, Townhouse Residence District; R-3, Medium Density Residence District; R-4, High Density Residence District; C-O, Commercial-Office District; C-1, Neighborhood Business District; C-2, General Business District; C-M, Commercial Mix District; M-1, Light Manufacturing District; PF, Public Facilities District; and OSC, Open Space-Conservation District. In addition, there are Combining Districts, including PD, Planned Development; X, Future Development; and W, Aquatic Development.

As part of drafting new regulations and development standards for multi-family and mixed-use housing developments, staff also reviewed development standards for certain districts in order to ensure that these do not constitute as a barrier to achieving the densities allowed by the general plan and zoning in compliance with HAA. These amendments are also necessary in order to implement new objective design standards.

Staff has included proposed amendments to the following chapters of the Title 17 Zoning of the Municipal Code:
•17.04 Definitions
oNew definitions are proposed to be added and a few amended in Chapter

17.04. This includes Articulated Roof Form; Articulation, Horizontal; Articulation, Vertical; Bicycle parking, long-term (Class I); Bicycle parking,

7.1 7.1 Staff Report

391

short-term (Class II); Durable exterior materials; Façade; height of building; Mechanical parking system; Mixed use; Multifamily; Multistory parking facilities’ Open green area; Open green area, common; Open green area, private; Pedestrian-scaled lighting; Stepback; Turf, synthetic. •17.12 (R-1 Single-Family Residence District)
oReplace “Minimum Lot Area Per Dwelling Unit” with “Maximum Density Permitted”
•17.14 (R-2 Two-Family Residence District)
oReplace “Minimum Lot Area Per Dwelling Unit” with “Maximum Density Permitted”
oReference to the new ODDS Chapter 17.96
•17.16 (R-T Townhouse Residence District)
oRemove guest parking requirements that is in addition to requirements in

17.62. oAdded table for building site area, density, yards, height, coverage, and open green area.
oReference new ODDS Chapter 17.96
•17.18 (R-3 Medium Density Multiple-Family Residence District) oAmend table for Minimum building site, density, yards, height, coverage, and open green area to ensure 35 units/acre density can be achieved. oReference new ODDS Chapter 17.96
•17.20 (R-4 High Density Multiple-Family Residence District) oAmend table for minimum building site, density, yards, height, coverage, and open green area to ensure 35 units/acre density can be achieved. oReference new ODDS Chapter 17.96
•17.26 (C-2 General Business District)
oAmend table including density, and coverage to ensure 60 units/acre density can be achieved
oReference to the new ODDS Chapter 17.96
•17.28 (C-M Commercial Mix District)
oAdded table for building site area, density, yards, height, coverage, and open green area to ensure 60 units/acre density can be achieved. oReference new ODDS Chapter 17.96
•17.36 (PD Planned Development Combining District)
oRevised findings
oMoved requirements for architectural drawings
oReference new ODDS Chapter 17.96
oProvision for extensions
•17.58 (Architectural Control and Supervision)
oRevised findings
oReference new ODDS Chapter 17.96
•17.62 (Off-Street Parking Regulations)
oDefinitions for Passenger drop off zone; Tandem parking spaces/ oDesign standards for mechanical parking systems
oBicycle parking requirements
oDesign standards for loading/unloading

7.1 7.1 Staff Report

392

oPassenger drop-off zone requirements.

Table 1 below highlights changes (in red) where the existing standards are a barrier to achieving the densities allowed by the general plan and zoning.

Table 1: Existing Site Development Standards
District Building Site
Lot Area Per
Dwelling Unit
(sq. ft.) Yards (ft) Height
Max.

Coverage
(%)
Min.

Open
Green
Area (%)
Min.

Width
(ft.)
Min.

Area
(sq. ft.) Min Max Front Side Rear Stories Feet
R-1 40 5,000 5,000 20 5 20 2 25 50
R-2 40 5,000 5,000 20 5 20 2 25 50
R-T No standards specified
R-3 200 20,000 1,244 20 5 20 3 38 50 47
R-4 200 20,000 1,244
2,178/
2,9041 20 5 20 5 45 40 47
C-2 200 40,000 2,178 726 0 0 0 8 90 50 25
CM No standards specified
1 Maximum lot size shall depend upon the general plan land use designation. For condominium residential, maximum lot size shall be 2,904. For apartment residential, maximum lot size shall be 2,178.

Staff evaluated existing development standards as included in Table 1 and proposed revisions to these standards included in Table 2 below. These changes are necessary to “…ensure the densities allowed by the General Plan can be achieved in compliance with the Housing Accountability Act” and are described in detail below.

Minimum Lot Area per Unit. In our current Municipal Code, the lot area per dwelling unit specifies the minimum and maximum density requirements. However, it is often confusing as the calculations are different. In addition, recent state law (AB 2334) for State Density Bonus Law includes that base density must be determined by using dwelling units per acre. Thus, in order to be consistent with the “density” as specified in the General Plan and AB 2334, staff is proposing to replace “lot area per dwelling unit” with “units per acre.”
Building Site (Lot Area). The 5,000 square feet minimum lot size for R-1 and R-2 is consistent with the General Plan density for Single-Family Residential of 8 units/acre and Two-Family Residential of 10 units/acre. Staff is not proposing any changes to R-1 and R-2.

7.1 7.1 Staff Report

393

Currently, there are no standards for R-T and CM. In order to ensure that the allowed densities can be achieved for zoning districts R-3 and R-4, staff is proposing revisions to minimum width and minimum area and also included standards for R-T and CM.

Building Coverage and Open Green Area. Maximum lot coverage standards vary from 50% in R-1, R-2, and R-3 to 40% in R-4. The maximum lot coverage of 50% has not been an impediment to achieving General Plan densities in the R-1 and R-2 districts, especially since the coverage limit may not preclude an ADU of at least 800 square feet per Section 17.78.060.F. A review of “as-built” development standards, as included in Attachment 7, including development under the PD process, shows that building coverage of between 40 and 50 percent is common for multi-family developments.

An open green area is the area of the lot that is not occupied by building coverage, parking lot, or driveway (Section 17.04.400). There are requirements for open green areas only in the R-3, R-4, and C-2 districts. The requirement for 47% open green area in R-1 and R-2 districts is significantly more than the 15-30 percent open green area provided in recent developments, as included in Attachment 7. It must be noted that these have been frequently waived as part of the subjective PD Planned Development zoning process in Foster City. Thus, staff is proposing to reduce the required minimum open green area.

Height. Foster City’s zoning regulations define “height of building” as “the vertical distance from the average level of the highest and lowest points of that portion of the lot covered by the building to the highest point of a flat roof or the average height of a sloped roof.” The allowed maximum height ranges from 25 feet in R-1 and R-2 to 38 feet/3 stories in R-3 and 45 feet/5 stories in R-4. Staff is proposing to revise height standards for R-4 and add standards for missing R-T and CM zones.

Yards. In the R-1, R-2, R-3, and R-4 districts, front and rear setbacks (Yards) are 20 feet, and side setbacks are 5 feet and have not constrained achieving General Plan densities.

However, these setbacks have been waived utilizing the PD process and could pose a constraint to development at General Plan densities in the R-3 and R-4 districts. Thus, staff is proposing revisions to setbacks R-3 and R-4.

Table 2 below shows proposed changes (in red) to the development standards in various residential districts.

Table 2: Proposed Changes to Existing Site Development Standards District Building Site
Density
(units/acre) Yards (ft.) Height
Max.

Coverage
(%)
Min. Open
Green Area
(%)
Min.

Width
(ft.)
Min. Area
(sq. ft.) Min Max Front Side Rear Stories Feet
R-1 40 5,000 8 20 5 20 2 25 50

7.1 7.1 Staff Report

394

R-2 40 5,000 13 20 5 20 2 25 50
R-T 20 15 5 0/10 0/10 3 38 50 30
R-3 150 15,000 15/20 35 10 10 10 3 38 50 30
R-4 150 15,000 15/20 35 10 5/10 10 5 55 50 30
C-2 200 40,000 15 60 0 0 0 8 90 50 25
CM 200 40,000 15 60 0 0 0 8 90 50 25
The changes to the existing municipal code sections as discussed above are necessary to provide consistency with the General Plan and within the Municipal Code.

Thus, staff is recommending that the City Council adopts ordinances adding a new Chapter 17.96 Multifamily and Residential Mixed Use Objective Design and Development Standards and revisions to various chapters of Title 17, “Zoning”.

If approved, the Ordinances shall take effect and be in force thirty (30) days from and after the second reading. Multi-family or mixed-use housing development applications submitted after the ordinance is in effect, shall be subject to the new development standards/regulations.

CEQA
The proposed new Chapter 17.96 and other code amendments in Title 17 are not subject to review under CEQA pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as the adoption of objective design standards and amendments to zoning regulations are not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment and if a “project,” the proposed new Chapter 17.96 and other code amendments in Title 17 would be exempt under the “common sense” exception (14 Cal.

Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.

FISCAL IMPACT
No fiscal impact.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Smart Planning, Development, and the Local Economy
ATTACHMENTS:

7.1 7.1 Staff Report

395

Attachment 1 – City Council Ordinance for Chapter 17.96, including Exhibit A - Chapter

17.96 Draft Objective Design and Development Standards
Attachment 2 – City Council Ordinance for Title 17 Zoning, including Exhibits A through K – Other Related Chapter Amendments
Attachment 3 – Redline of Exhibits A through K
Attachment 4 – Planning Commission Resolution P-17-23
Attachment 5 – Planning Commission Resolution P-18-23
Attachment 6 – Planning Commission meeting minutes of November 16, 2023 Attachment 7 – Examples of Multifamily Development Standards

7.1 7.1 Staff Report

396

ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF FOSTER CITY AMENDING TITLE 17, “ZONING” ADDING A NEW CHAPTER 17.96 MULTIFAMILY AND RESIDENTIAL MIXED USE

OBJECTIVE DESIGN AND DEVELOPMENT STANDARDS AND FINDING THAT THE PROPOSED AMENDMENTS TO TITLE 17 ARE EXEMPT UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15061(B)(3) - RZ2021-0001

CITY OF FOSTER CITY
WHEREAS, the recent state laws have limited a local jurisdiction’s ability to apply subjective design standards for qualifying housing projects and local jurisdictions can now only rely on the application of objective design standards to multi-family and residential mixed-use projects; and
WHEREAS, objective standards are those that do not involve personal or subjective judgment; and
WHEREAS, on May 3, 2021, the City Council adopted Resolution No. 2021-52, directing staff and the Planning Commission to prepare the Multi-Family Objective Design Standards in a new chapter of Title 17, Zoning, of the Foster City Municipal Code; and WHEREAS, the City has conducted a robust community engagement process to ensure that residents’ views regarding the design of new multi-family developments are captured in the new regulations, including four (4) Planning Commission study sessions, a data walk, 30-day public comment period on the draft ordinance, a dedicated website, and various tabling events; and
WHEREAS, on November 16, 2023, the Planning Commission conducted a duly and properly noticed public hearing to take public testimony and considered a Resolution recommending City Council adoption of amendments to Title 17, Zoning, adding a new Chapter 17.96, and after conducting the public hearing, adopted Resolution No. P-17-23 recommending City Council adoption of the Ordinance approving amendments to Title 17, Zoning, adding a new Chapter 17.96; and
WHEREAS, on December 6, 2023, a public hearing notice was published and posted in three public places, pursuant to California Code Section 65090 for the City Council public hearing on December 18, 2023.

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

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

7.1 Attachment 1 - City Council Ordinance for Chapter 17.96 and Exhibit A

397

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

2. The adoption of a new Chapter 17.96 is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as the adoption of objective design standards and amendments to zoning regulations are not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment and if a “project,” the adoption of a new Chapter 17.96 would be exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.

Section 2. Amendment. A new Chapter 17.96 “Multifamily and Residential Mixed Use Objective Design and Development Standards” is hereby added within Title 17, “Zoning” of the Foster City Municipal Code to read as set forth in the attached Exhibit A, as listed below and attached hereto and incorporated herein by reference:

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

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

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.

7.1 Attachment 1 - City Council Ordinance for Chapter 17.96 and Exhibit A

398

This Ordinance was introduced and read on the ___ day of ____, 2023, and passed and adopted on the ____ day of ___, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

7.1 Attachment 1 - City Council Ordinance for Chapter 17.96 and Exhibit A

399

EXHIBIT A
A new Chapter 17.96 is hereby added as follows:

Chapter 17.96

MULTIFAMILY AND RESIDENTIAL MIXED USE OBJECTIVE DESIGN AND

DEVELOPMENT STANDARDS
Sections:

17.96.010 Intent and purpose.

17.96.020 Applicability.

17.96.030 Process.

17.96.040 Development standards.

17.96.010 Intent and purpose.

A. It is the intent of the City Council in enacting this chapter to protect the health, safety, and general welfare of the City by maintaining the high standards of architectural design that have distinguished Foster City as the first successful planned community created in California.

B. This chapter establishes design and development standards to meet the following objectives:

1. Achieve a high-quality baseline for the design of applicable residential projects (see Section 17.96.020) that are integrated with the existing surroundings and neighborhoods and provide attractive and desirable living environments.

2. Establish clear expectations for community members, decision-makers, and applicants prior to the submittal and approval of new projects.

3. Give designers flexibility and allow a range of housing types, architectural styles, and site configurations.

4. Enhance open spaces and natural amenities, such as the Foster City Lagoon, and increase residents’ and visitors’ access to those amenities.

5. Promote sustainability through facilitating active means of transportation, water conserving landscapes, and use of sustainable building techniques.

6. Allow projects to achieve the intensity of development allowed by existing regulations, while blending into the character of the adjacent neighborhood.

7.1 Attachment 1 - City Council Ordinance for Chapter 17.96 and Exhibit A

400

Code Sections 65852.21 or 66411.7 (SB 9, 2021), and accessory dwelling units and junior accessory dwelling units.

C. This chapter is intended to supplement, not replace, standards in other titles and chapters of the Foster City Municipal Code and Estero Improvement District Municipal Code and any other relevant state or federal standards. Where there are any conflicts, the most restrictive requirement shall govern.

17.96.020 Applicability.

A. The provisions of this Chapter shall apply to all multifamily residential projects that include new or replaced dwelling units, including mixed-use residential/commercial developments, except:

1. Residential projects in the R-1 or R-1/PD zoning districts, including dwelling units developed under Government Code Sections 65852.21 or 66411.7 (SB 9, 2021);

2. Accessory dwelling units and junior accessory dwelling units.

B. For applications affecting less than 100% of a parcel, the provisions of this chapter shall apply to:

1. All new buildings.

2. Area between the new building(s) and any adjacent roadway (both public and private).

3. A minimum of ten (10) feet on either side of the access roadway(s) to the new building(s).

4. In cases where the new building(s) is adjacent to another building on the same parcel, the provisions of this chapter shall apply to half of the distance between the new building and the adjacent building to remain.

C. Timing. This chapter shall apply to applications for planning approval of a housing development project submitted on or after the date this chapter becomes effective, as provided by Government Code Section 65589.5.

17.96.030 Process
A. The standards contained in this chapter shall be applied as part of the review of any required applications for development.

B. As an alternative to a variance as provided in Section 17.06.080, a project applicant may request an exception or exceptions to the design standards as follows:

1. The request shall be in writing, in conjunction with a Planning application.

2. The request shall include: 1) the standard that is requested to be waived, 2) how the unique circumstances of the project and/or physical constraints of the project site make application of the standard infeasible, and 3) how the requested exception meets the intent of the standard.

3. The decision-making body shall approve an exception if all of the following findings are made:
a. Approving the exception will not create a safety hazard; and

7.1 Attachment 1 - City Council Ordinance for Chapter 17.96 and Exhibit A

401

b. The proposed project meets the intent of the standard under consideration to the extent feasible.

17.96.040 Site design and development standards.

A. Site access.

1. Pedestrian access.
a. Connections to public streets and public amenities.
i.Multifamily development shall provide access to public streets and public amenities through the use of private or public pedways.
ii.Mixed use residential/commercial development shall provide access between the commercial uses and public streets or public amenities through the use of public pedways.
b. Design Standards
i.Pedestrian access to public streets, dwelling units located at site interiors, and public amenities shall be designed subject to the following standards:
(A)The minimum width of the land area between buildings containing the pedestrian access shall be measured from the face of buildings fronting both sides of the
connection.
(B)The minimum width dimension per subsection (b.i.(A)), above, shall be at least 25% of the sum of the tallest
building heights fronting each side of the connection; or 18 feet, whichever is greater. See Figure 1, below.
(C)Paving shall be a minimum of 5 feet wide for pedestrian access, 8 feet wide when intended for cyclists or mixed modes, or 10 feet wide when adjacent to ground floor
commercial.

7.1 Attachment 1 - City Council Ordinance for Chapter 17.96 and Exhibit A

402

Figure 1: Minimum Width for Pedestrian Access
c. Additional standards for waterfront properties.
i.Within private property, a public pedway park along the waterfront shall be provided by public access easement when all of the following conditions are met:
(A)The subject property is located on the Foster City Lagoon and is located where such easement could provide a
connection between:
(1)Two or more public facilities along the Foster City
Lagoon frontage, including but not limited to:
existing public pedway park, school, park, city
recreation facility, or public street.
(2)The Foster City Lagoon and a ground floor
commercial area. These connections shall include
a publicly accessible boat dock on the Foster City
Lagoon.
(B)The subject development area exceeds 3 acres.
(C)The requirement for the public pedway park is a part of an approval for new or increased density or intensity of use.
ii.Within private property with Foster City Lagoon frontage, if the standards for a public pedway park in Section 17.96.040.A.1.c.i are not met or a public pedway park already exists, then pedestrian access to and along the Foster City Lagoon frontage

7.1 Attachment 1 - City Council Ordinance for Chapter 17.96 and Exhibit A

403

shall be provided for the residents of the development, including facilities for storing and launching manually powered craft at a minimum of 1 storage space per 20 dwelling units.
iii.Within private property with frontage on Belmont Slough, O’Neill Slough, Seal Slough, or Marina Lagoon, access to the existing public pedway shall be provided.

2. Vehicular access.
a. Curb cuts on public streets for private streets or driveway access to shared parking areas shall be limited to one (1) per 150 feet of site frontage.
b. Existing unused curb cuts shall be removed.
c. Curb cuts for access to parking and loading shall be located outside of the twenty-five (25) foot triangle formed at the intersection of the two streets measured at the property line. See Figure 2, below. d. Additional standards for Foster City Lagoon frontage. i.Curb cuts for access to parking and loading shall be located a minimum of 50 feet from any Foster City Lagoon frontage.

Figure 2: Corner Setback for Parking and Loading

7.1 Attachment 1 - City Council Ordinance for Chapter 17.96 and Exhibit A

404

c. The provision of bicycle lockers in lieu of racks will satisfy the requirement that the bicycle parking facilities be located in a weather- protected, enclosed and secure area.
d. Private garages for single dwelling units shall satisfy the requirement for long-term bicycle storage.
e. Long-term storage for ten (10) or more bicycles shall include space for cargo-bikes and charging facilities for electric bikes. f. Short-term bicycle (Class II) parking in the quantity required by Chapter 17.62 shall be provided with a lockable rack located in an area that is highly visible and well-lit with at least 1 footcandle of illumination at ground level.

4. Services and utilities access.
a. Vehicular access to refuse loading/pick-up areas and utility rooms shall be accessed through internal driveway aisles or shared with the main driveway. Separate access and/or curb cuts for refuse and utility functions shall be prohibited.
b. Refuse.
i.Designated refuse areas shall be designed and sized to comply with Chapter 8.07, Storage and Disposal of Solid Wastes and Recyclable Materials.
ii.Refuse shall be managed through the following methods:
(A)Multifamily buildings exceeding three (3) stories in height shall provide a minimum of two (2) refuse
chutes to an interior trash room sized to store all
required refuse bins and a designated staging area
for bin pickup that is not located on a public street, fire lane, or in a designated parking space.
(B)Multifamily buildings three (3) stories or less in height shall use one of the following methods:
(1)A chute system and internal bin storage as
referenced in section (A) above; or opaque, roofed
exterior refuse enclosure for refuse bins built of
the same durable materials as the proposed
building.
(2)Refuse enclosures co-located with surface parking
and within 120 feet of a building entry and a
minimum of 30 feet from any property line with
single-family residential uses.
(3)Multifamily developments with individual garages
may utilize space within garages for the required
number of refuse carts and identify locations for
pickup.
(C)Exterior refuse enclosures shall comply with the
following:
(1)Be co-located with surface parking and shall be
within 120 feet of a building entry and a minimum

7.1 Attachment 1 - City Council Ordinance for Chapter 17.96 and Exhibit A

405

of 30 feet from any property line with single-family
residential uses.
(2)Exterior materials and colors of the enclosure
walls shall match the main building walls.
(3)Chain link fencing with or without slats is
prohibited.
(4)Gates shall be solid metal.
(5)Conform to requirements for stormwater pollution
prevention in Chapter 13.12, Stormwater
Management and Discharge Control, including but
not limited to a solid roof and floor drain connected
to sanitary sewer.
(6)Service Approval. The applicant shall provide a
letter from the city’s solid waste franchisee stating
that waste management facilities are appropriately
sized and configured and can be collected from
the proposed refuse enclosure or onsite staging
area.
(D)Additional standards for Foster City Lagoon frontage.

Refuse enclosures shall be located a minimum of 50
feet from any Foster City Lagoon frontage.

B. Parking.

1. Surface parking.
a.Off-street surface parking shall be located behind or at the side of proposed buildings with screening complying with this chapter; no new parking shall be allowed between the building and the public street, except as provided in subsection B.1.e below.
b.Off-street parking areas shall comply with Chapter 17.62. c.Off-street surface parking within 20 feet of buildings shall be buffered with the combination of:
i.A landscaped buffer at least 4 feet deep between the sidewalk or pedestrian access and the building.
ii.Plants projected to reach between 18 inches and 36 inches in height.
d.Off-street surface parking areas shall provide a pedestrian walkway to connect buildings and parking or other walkways at a maximum spacing of 100 feet apart; such walkways shall provide a minimum width of 3 feet.
e.Additional standards for Foster City Lagoon frontage. i.All waterfront properties are exempt from the prohibition of new off-street surface parking between the building and the public street in subsection B.1.a above.
ii.Off-street surface parking shall be located a minimum of 20 feet from any Foster City Lagoon frontage.

2. Structured parking facilities.

7.1 Attachment 1 - City Council Ordinance for Chapter 17.96 and Exhibit A

406

a.Single-story parking facilities.
i.Single-story parking facilities serving more than two units with more than 50% of the floor to ceiling height of the exterior wall visible from frontage on public streets or the Foster City Lagoon shall provide landscaping or other
screening of the garage in accordance with sections

17.96.030.F.
a. Exception: Garage entries complying with subsection
B.3, below, shall be allowed.
b.Multistory parking facilities.
i.Multistory structured parking facilities shall be located a minimum of 50 feet from any property line abutting a single- family zoning district.
ii.Multistory parking facilities with facades facing a public right-of- way other than State Route 92, the Foster City Lagoon, or a neighboring residential property shall have the facades wrapped at a minimum of 75% of the length of each façade and 100% of the height above the first story of the exterior building perimeter with residential, common amenity, or retail uses.
iii.Sloped floors or ramps shall not be expressed on the exterior facades of multistory parking structures.
iv.Multistory parking facilities shall include security gates to limit public access to some or all levels.
c.Mechanical parking systems.
i.Mechanical parking systems, such as car stacker or car puzzler systems are permitted only within enclosed structured parking facilities providing both parking and access to the car stacker or car puzzler system within the enclosed facility.
d.Structured parking facilities shall not include separate interior enclosures for parking stalls.

7.1 Attachment 1 - City Council Ordinance for Chapter 17.96 and Exhibit A

407

i.Parking facility doors shall be recessed from the main façade a minimum of six (6) inches.
ii.Parking facility entries shall be located as part of the proposed massing rhythms of façade projections or recesses.
d.Pedestrian Safety.
i.Parking access controls shall be located such that a vehicle stopping to gain entry shall not block the public sidewalk. ii.Parking facility entries to parking shared by more than 50 units located within 20 feet of the back of sidewalk shall provide a parking exit warning sign with visual and audible alerts.

C. Loading

1. Passenger drop-off zone. A passenger drop-off zone shall be provided for passenger loading and unloading, ride share, deliveries and similar uses for properties pursuant to section 17.62.095 as follows:
a.Passenger drop-off zone shall be located within 100 feet of at least one building lobby entrance or to allow convenient access to mail/package delivery boxes or an elevator or stair serving all primary residential floors, subject to the approval of the City Engineer if on a public street.
b.Passenger drop-off zone access shall be located a minimum of 10 feet from intersections and crosswalks.

2. Truck loading.
a.Loading space and loading zone access shall be located a minimum of 10 feet from intersections and crosswalks.
b.Residential and mixed use buildings shall provide loading space(s) in accordance with Foster City Municipal Code Section

17.62.080.

D. Open space.

1. Open green areas including common open green areas and private open green areas shall be provided pursuant to the zoning requirements for the district.

2. Common open green areas.
a. Common open green areas shall comply with the minimum requirements by density described in Table 1.
b. Up to 50% of required common open green areas may be provided as publicly accessible open space.

Table 1. Common Open Green Area Requirements

DENSITY MINIMUM
SPACES

MINIMUM AREA
(SF)

MINIMUM DIMENSION
(FT)
Up to 10 du/a none NA NA

10.1-35 du/a one 2000 sf 40 ft

35.1-65 du/a one 3000 sf 50 ft
one 7000 sf 80 ft65.1+ du/a
(choose option) two 4000 sf 60 ft

7.1 Attachment 1 - City Council Ordinance for Chapter 17.96 and Exhibit A

408

c. Common open green areas located on roof surfaces at the third floor or higher and subject to the following standards shall receive a 50% area credit counted towards the required minimum open green area i. 10% of rooftop common open green area shall be covered by a shade structure or trellis.
ii. 10% of rooftop common open green area shall be vegetated through a green roof, raised planters, or potted plants. iii. Rooftop common open green area shall provide wind protected areas while maximizing opportunity for views.
iv. Rooftop common open green area shall be screened from adjacent rooftop mechanical equipment through the use of an opaque wall in compliance with subsection H below.
d. Common open green areas located on raised courtyards at the second floor or lower and subject to the following standards shall receive a 100% area credit counted towards the required minimum open green area.
i. 30% of courtyard common area shall be vegetated through raised planters or potted plants.
ii. Courtyard common area is a minimum of 1,000 square feet e. A minimum of at least one shade providing feature (including but not limited to gazebo, or shade umbrella) and at least one of the following features shall be incorporated into each common open green area required by Section 17.96.040.D.2.a and maintained on the site:
i. Fixed or movable seating
ii. Picnic-style tables
iii. Outdoor kitchen equipment or fire pit
iv. Children’s play equipment
v. Sports courts
vi. Public art or interactive art, such as a life-size chess game, sculpture, or murals
vii. Games or game tables
viii. Play area for pets
ix. Spa, pool, or hot tub
x. Public art or interactive art, such as a life-size chess game, sculpture, or murals
xi. Other features similar to the above

3. Private open green areas.
a. Private open green areas shall be provided at an average of at least 50 square feet per unit but each unit does not need to have private open space.
b. Where provided, private open green area shall have a minimum size of 40 square feet per unit.

E. Site lighting.

1. Pedestrian-scaled lighting shall be provided along pedestrian walkways.

7.1 Attachment 1 - City Council Ordinance for Chapter 17.96 and Exhibit A

409

2. Building-mounted lighting shall illuminate all service yards and access to services and utilities.

3. Prohibited lighting elements include the following:
a.Permanent flashing lights and strobe lights.
b.Exposed electrical elements including wires, conduit, junction boxes, transformers, ballasts, and panel boxes.

4. Fixture mounting height shall meet the following standards by illumination type (see Figure 3, below):
a.Parking lot fixture mounting height shall not exceed 24 feet from adjacent ground.
b.At the building perimeter, pedestrian-scaled pole lighting and building-mounted lighting shall not exceed 15 feet in mounting height.
c.Building-mounted service area lighting shall be allowed to be mounted to a maximum of 20 feet above adjacent grade,
provided that such illumination is entirely contained within the bounds of the service area.

Figure 3: Maximum Fixture Mounting Heights

5. To minimize glare and light pollution, lighting fixtures shall meet the following requirements:
a.All site lighting shall be appropriate for California Energy Commission Lighting Zone 3.
b.Light trespass across property lines shall be limited to 0.1 footcandles.
c.Exterior parking lot and bicycle parking lighting shall be provided at 1 footcandle.

F. Landscaping and stormwater management.

7.1 Attachment 1 - City Council Ordinance for Chapter 17.96 and Exhibit A

410

1. Landscaping shall comply with Estero Municipal Improvement District Code Chapter 8.80, Outdoor Water Conservation in Landscaping, of the Estero Municipal Improvement District Code.

2. Open Green Area in the quantity required for the zoning district shall comply with the following requirements:
a.Minimum planted area: 50% of total Open Green Area.

Synthetic turf shall be counted toward Open Green Area and shall count toward planted area.
b.Maximum impervious surface area: 30% of total Open Green Area
c.Minimum tree canopy at maturity: 5% of total Open Green Area.

3. Street trees.
a.Street trees shall be planted in the public right-of-way or within 5 feet of the public right-of-way, at a rate of 1 tree per each 30 feet of site frontage.
b.Spacing of trees shall be sufficient to accommodate the mature canopy of each specimen and comply with Public Works
standards, including but not limited to landscape clearances. c.Trees shall be a minimum fifteen (15) gallon size per tree at time of planting.

4. Synthetic turf standards.
a.Materials.
i.Synthetic turf shall be of a type known as cut pile infill and shall be composed of polypropylene, polyethylene,
or a blend of polypropylene and polyethylene fibers
stitched onto a polypropylene or polyurethane meshed or hole-punched backing.
ii.Hole-punched backings shall have holes spaced in a
uniform grid pattern with spacing not to exceed four
inches by six inches on center.
b.Installation.
i.Synthetic turf shall be installed over a compacted and porous road base material (such as decomposed granite)
a minimum of 3 inches in depth and shall be anchored at all edges and seams.
ii.Seams shall be glued and not sewn.
iii.A permeable geotextile weed barrier shall be installed to prohibit the growth of weeds.
iv.An infill medium consisting of clean sand or other
manufacturer recommended mixture shall be brushed
into the fibers to ensure that the fibers remain in an
upright position and provide a cushioning effect.
v.Artificial turf shall consist of pile fibers a minimum height of 1 ¼”. A drainage system shall be installed underneath the turf to prevent excessive run-off or pooling.

G. Security and fencing.

7.1 Attachment 1 - City Council Ordinance for Chapter 17.96 and Exhibit A

411

1. Fencing and screening materials and appearance
a.All permanent fencing shall be composed of any combination of redwood, cedar, wrought iron, architectural metal screens, brick, stone, polished-face or slumpstone masonry units, stucco, patterned concrete, or clear tempered glass.
b.Vinyl fencing, synthetic wood slats, chain link fencing, deer fencing, and barbed wire fencing shall be prohibited except as allowed for temporary fencing pursuant to Section 17.52.040.D. c.Fencing shall comply with the following standards:
i.Fencing shall comply with Chapter 17.52 except as provided below.
ii.Utility screening fences at service areas, refuse enclosures, and mechanical equipment shall be limited to 6 feet in height, unless screened in accordance with subsection H.5.c, below.
iii.Solid fencing 6 feet in height shall be provided along property lines abutting single family developments subject to visibility requirements in Chapter 17.52.

H. Utilities, mechanical equipment, and services.

1. Applicants shall identify the location of all exterior and rooftop mechanical and utility equipment on site plans and roof plans including, but not limited to, transformers, backflow preventers, HVAC equipment, generators, and pump or lift stations.

2. All rooftop equipment of any kind shall be enclosed with a screen or wall matching the exterior building materials and be behind and below the roof screen unless required by the building code to be above the top of screen.

3. No exterior conduit shall be visible from the ground level on the site; from the sidewalk of adjacent public rights-of-way; or from ground level on adjacent properties.

4. Downspouts.
a.All exterior downspouts shall be painted to match the adjacent wall color.
b.All buildings four or more stories in height shall have internal downspouts.

Screening may include but is not limited to architectural

7.1 Attachment 1 - City Council Ordinance for Chapter 17.96 and Exhibit A

412

elements such as louvered panels, durable walls or gates, or landscape elements such as trees, shrubs, vines, and berms. d.If utility providers require direct access from the street to building utility rooms or closets, these facilities shall be configured to occupy less than 25 percent of the length of any ground floor street-facing façade.

I. Site furniture.

1. Permanently-installed site furniture shall be fabricated from Durable Exterior Materials. Documentation from the manufacturer or fabricator shall be provided to confirm compliance.

2. Durable exterior materials shall include materials suited for long-term outdoor use in a non-submerged marine environment with long-term resistance to ultraviolet radiation.

J. Signage.

1.Signage shall comply with Chapter 15.12 Sign Control.

2.Sign guidelines shall be provided for mixed use developments to provide a consistent hierarchy of signage including identification, address, wayfinding, and other external signage.

3.Internally illuminated cabinet signs are prohibited in multifamily and mixed- use residential developments.

17.96.050 Building design and development standards.

A.Upper story stepbacks.

1.Buildings exceeding three (3) stories in height shall reduce bulk by providing a stepback at the uppermost floor facing a public street or waterfront. a. The depth of the stepback shall be at least 5% of the façade length (not including any significant building breaks, which includes building break extending from grade to the top of the building and providing a minimum clear dimension of 15 feet and a minimum area of 150 square feet.) See Figure 4, below.

7.1 Attachment 1 - City Council Ordinance for Chapter 17.96 and Exhibit A

413

Figure 4: Upper Story Stepback Depth

2.The length of the stepback shall be as follows (see Figure 5, below):
a.At public streets, waterfront property, and property lines shared with other zones: 60% of the frontage length.
b.Any other frontage: 40% of frontage length.

Figure 5: Upper Story Stepback Length

7.1 Attachment 1 - City Council Ordinance for Chapter 17.96 and Exhibit A

414

B.Neighborhood Transition Plane

1.To create a transition between developments, an additional stepback plane shall be imposed along any property line where any proposed building meets all of the following criteria:
a. The proposed building exceeds two (2) stories in height or 25 feet, whichever is greater.
b. The proposed building site directly abuts residential buildings in an R-1, R- 2, R-T, R-3, or P-F district.
c. The nearest wall of the existing residential buildings (not parking or accessory structures) in the R-1, R-2, R-T, R-3, or P-F district is within 30 feet of the shared property line.

2.Buildings shall not intercept a 45-degree neighborhood transition plane inclined inward from the underlying setback, starting at a height of 25 feet above grade. See Figure 6.

3.Private or shared balconies, including any railings or shade structures, shall not extend into the required neighborhood transition plane.

Figure 6: Neighborhood Transition Plane
C.Roof articulation.

1.Continuous rooflines shall not exceed 150 feet in length and shall be broken up at least once in each 150 feet by gables, varying parapet heights, decorative elements, or building projections.

2.Mansard roofs are prohibited.

3.Buildings with more than three (3) stories shall also provide Articulated Roof Forms along at least 60% of any frontage facing a public street, Foster City Lagoon, and property line shared with other zones. See Figure 7, below.

7.1 Attachment 1 - City Council Ordinance for Chapter 17.96 and Exhibit A

415

Figure 7: Applying Articulated Roof Forms

4.Where provided, occupied roof terraces shall be expressed on the facade of the building and shall provide wind-protected areas.

5.Railings visible from grade shall be integrated to the façade design through the use of the same materials and color as the proposed architecture.

D.Wall articulation. The following design and development standards shall apply to new multifamily and mixed use residential/commercial development projects unless otherwise specified below.

1. Blank walls.
a. Walls that are more than 30 feet in length without windows or doors shall be prohibited.

2. Horizontal articulation.
a. All building façades shall be articulated at least every 30 feet with a recess or projection with a minimum depth of 2 feet; a minimum width of 12 feet and one or more of the following (see Figure 8, below):
i.Projecting or recessed balconies with a minimum depth of 4 feet; providing a minimum of two sides of open exposure ii.Projecting decorative window sunshades with a minimum depth of 3 feet. Sunshades shall be consistent with materials and colors standards described in subsection F.

7.1 Attachment 1 - City Council Ordinance for Chapter 17.96 and Exhibit A

416

Figure 8: Horizontal Articulation Options

3. Vertical articulation.
a. All buildings four (4) stories or more in height shall have a clearly defined base for at least 80% of the building frontage located on public way.
i. The defined base shall have a different architectural expression from the upper floors, which may include, but is not limited to, horizontal or vertical shifts, the use of fine-scaled materials and articulation, and facade elements where the upper floors do not contain such architectural expression.

4. Corners.
a. Buildings four stories or more in height located at the intersection of public streets, public open spaces, or Foster City Lagoon frontages (or combination thereof) shall meet the following design standards at a minimum of one building corner.
i. Corners shall incorporate at least one of the following features:
(A) Change in height of at least 5 feet (higher or lower) at the corner roofline (measured from the adjacent roof line), accompanied by a new articulated roof form.
(B) A chamfered or filleted corner extending at least 8 feet on either side of the corner. At minimum, this feature shall be implemented at the ground floor for buildings up to
three (3) stories and at the first two floors for buildings four (4) or more stories in height. See Figure 9, below.

7.1 Attachment 1 - City Council Ordinance for Chapter 17.96 and Exhibit A

417

Figure 9: Chamfered and Filleted Corners
ii. Building corners taller than four (4) stories or 39 feet in height, whichever is greater, shall also incorporate at least one of the following features:
(A) An additional building setback that extends at least 25 feet on either side of the corner, with minimum depth of 5 feet (measured from the property line).
(B) An awning, trellis, or other shade structure along one or more floors and extending at least 25 feet on either side of the corner.
(C)A landscaped buffer extending at least 50 feet on either side of the corner, with minimum depth of 10 feet.

Building entries are exempted from the buffer, and the
buffer may be counted towards Open Green Area if it
meets the requirements of Section 17.96.040.D.2
(D)Usable open space in compliance with Section

17.96.040.D.2.e located entirely at the corner of the
subject property.

E.Fenestration.

1. Prohibited materials include:
a.Plastic glazing for windows and skylights.
b.Simulated muntins unless the muntins are located on both the interior and exterior faces of the glazing.

2. All windows shall be articulated in compliance with the following standards:
a. Windows exceeding 4 square feet of glazed area shall be articulated through:

7.1 Attachment 1 - City Council Ordinance for Chapter 17.96 and Exhibit A

418

i.Projecting dimensional trim located at the head, side, and sill of the window; or
ii.Windows shall be recessed a minimum of 2 inches from the exterior plane of the wall.
b. Curtain wall and storefront glazing shall be recessed a minimum of 2 inches from the exterior plane of the wall.

3. Facade areas fronting on public streets, public open spaces, or Foster City Lagoon shall be limited to a maximum of 40 linear feet at any single story without windows.

F.Materials and colors.

1.Prohibited colors. The use of fluorescent colors shall be prohibited.

2.Prohibited materials.
a. The following materials are prohibited for use at any façade:
i. Vinyl siding or planks
ii. Foam or stucco moldings
iii. T-100 siding
b. The following materials are prohibited for use at any facade visible from public ways, public open spaces, or Foster City Lagoon:
i. EIFS wall material
ii. Extruded aluminum siding
iii. Vinyl or fabric awnings

3.Material limitations.
a. Stucco
i. Stucco shall be limited to light sand or smooth trowel finish. ii. Stucco control joints shall be located to proportionally subdivide building facades.
b. Upper-story stepback
i. Where building volumes are required to step back from the edge of the façade at the uppermost floor, the material or color used for these volumes shall be different than that used for the building mass below.
c. Material and color transitions shall be limited to those locations where:
i. Building massing creates an inside corner; each side of the corner may be a different material or color.
ii. A building soffit or roof meets a wall; the roof or soffit and the wall may be different materials or colors.
iii. A minimum 1-foot change in building plane is provided. iv. Horizontal trim; vertical trim; or a projecting water table with a minimum 4-inch depth is provided.
v. A building inset within a storefront opening.
vi. Stucco control joints are not considered a material transition. vii. Where differentiating the sections of the building per requirements for vertical articulation pursuant to Section

17.96.050.D.3.

7.1 Attachment 1 - City Council Ordinance for Chapter 17.96 and Exhibit A

419

d. Along each façade, no single material or color shall be used for more than 150 linear feet of the façade length and more than two-thirds of the façade height, rounded up to the nearest story.

G.Building lighting.

1.Luminaires attached to buildings shall be screened by the building’s architectural features or by fixture design to eliminate glare to adjacent properties.

2.Exposed electrical elements including wires, conduit, junction boxes, transformers, ballasts, and panel boxes shall be prohibited.

3.LED luminaires installed for exterior building illumination shall be specified to comply with the following standards:
a. LED luminaires shall provide a L70 life expectancy in excess of 25,000 hours.
b. Except as required for egress, safety, and emergency response, exterior building lighting shall be controlled to limit light trespass across property lines to 0.1 footcandles.

H.Building signage.

1. Signs proposed for permanent installation must conform to Chapter 15.12 of the Foster City Municipal Code and the following restrictions.

2. Building addresses and signage shall be oriented to face street frontages and shall be visible from the street.

3. Wall signs on multistory mixed-use buildings shall be placed between the first and second floors of a building.

4. Exterior building signage shall consist of individually formed ‘dimensional’ lettering or a projecting sign.

5. The following sign types shall be prohibited:
a.Box signs
b.Programmable digital signs
c.Reflective signs
d.Kinetic or inflatable signs
e.Waterfall awning signs
f.Billboard signs
g.Applied window signs that obscure more than 20% of glazing area

6. Illuminated signage shall be achieved through external “spotlight” illumination or ‘halo’ illumination of dimensional letters; backlit signs shall be prohibited.

I.Ground floor design.

1. Entries. Primary entry doors shall face the street, Foster City Lagoon, or access pathway.

2. Ground floor residential design.
a. Ground floor unit entries.
i. Residential unit entries shall provide a stoop or entry terrace that comply with the following (see Figure 10, below):
(A) Stoop or entry terraces shall provide a minimum
dimension of 5 feet.
(B) Stoop or entry terraces shall be separated from the back of sidewalk by a minimum 3-foot-deep planting strip.

7.1 Attachment 1 - City Council Ordinance for Chapter 17.96 and Exhibit A

420

(C)Entry terraces shall be enclosed with a low fence or wall not to exceed 3 feet in height.

Figure 10: Ground Floor Unit Entries
b. Residential units shall maintain the following setbacks:
i. Setbacks for front, side, and rear yards shall comply with the requirements for the zoning district.
(A) Setbacks at Foster City Lagoon shall be a minimum of fifteen (15) feet from top of bank or bulkhead.
(B) Setbacks at private streets and alleys shall be a minimum of four (4) feet.

3. Ground floor commercial and mixed-use frontages.
a. Use. For the purposes of these standards, where commercial or mixed use is allowed by zoning on the ground floor, the following resident-serving uses shall be allowed to qualify as commercial or mixed-use frontages at the discretion of the applicant:
(A) Main building lobbies
(B) Residential leasing offices
(C)Community rooms
(D)Resident business lounges
(E) Resident fitness areas or yoga studios
(F) Pet care facilities
(G)Bicycle lounges used for the combination of bicycle
maintenance and storage
(H)Resident child care facilities
b. Transparency.
i. The façade area fronting on public streets, public open spaces, and Foster City Lagoon shall provide a minimum of 50% of the area on the ground floor with glazing.

7.1 Attachment 1 - City Council Ordinance for Chapter 17.96 and Exhibit A

421

ii. Glazing shall be clear glass with a visible light transmittance of at least 80%.
iii. Glazing shall not be obstructed with opaque films or signage. iv. The minimum unobstructed depth from the required glazing to the closest parallel interior wall shall be 15 feet.
c. Floor heights. The minimum height of ground floor commercial and mixed-use spaces shall be 15 feet as measured from the ground floor finish floor elevation to the finish floor elevation above.
d. Minimum depth/width.
i. The minimum depth of ground floor commercial and mixed-use spaces shall be 30 feet from the outside face of the exterior wall.
ii. The minimum width of ground floor commercial and mixed-use spaces shall be 50 feet wide as measured to the center line of each demising wall.

7.1 Attachment 1 - City Council Ordinance for Chapter 17.96 and Exhibit A

422

ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF FOSTER CITY AMENDING TITLE 17, “ZONING” MAKING REVISIONS TO VARIOUS CHAPTERS INCLUDING 17.12 R-1 SINGLE FAMILY RESIDENCE DISTRICT; 17.04 DEFINITIONS; 17.14 R-2 TWO FAMILY RESIDENCE DISTRICT; 17.16 R-T TOWNHOUSE RESIDENCE DISTRICT; 17.18 R-3 MEDIUM DENSITY MULTIPLE-FAMILY RESIDENCE DISTRICT; 17.20 R-4 HIGH DENSITY MULTIPLE-FAMILY RESIDENCE DISTRICT; 17.26, C-2 GENERAL BUSINESS DISTRICT; 17.28 C-M COMMERCIAL MIX DISTRICT; 17.36 PD PLANNED DEVELOPMENT COMBINING DISTRICT; 17.58 ARCHITECTURAL CONTROL AND SUPERVISION; AND 17.62 OFF-STREET PARKING REGULATIONS AND FINDING THAT THE PROPOSED AMENDMENTS TO TITLE 17 ARE EXEMPT UNDER

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15061(B)(3) - RZ2021-0001

CITY OF FOSTER CITY
WHEREAS, the recent state laws have limited a local jurisdiction’s ability to apply subjective design standards for qualifying housing projects and local jurisdictions can now only rely on the application of objective design standards to multi-family and residential mixed-use projects; and
WHEREAS, objective standards are those that do not involve personal or subjective judgment; and
WHEREAS, on May 3, 2021, the City Council adopted Resolution No. 2021-52, directing staff and the Planning Commission to prepare the Multi-Family Objective Design Standards in a new chapter of Title 17, Zoning, of the Foster City Municipal Code; and WHEREAS, the City has conducted a robust community engagement process to ensure that residents’ views regarding the design of new multi-family developments are captured in the new regulations, including four (4) Planning Commission study sessions, a data walk, 30-day public comment period on the draft ordinance, a dedicated website, and various tabling events; and
WHEREAS, implementing the ODDS will include new development requirements for parking, height, setbacks, open space, and materials and colors to multi-family and residential mixed-use projects and therefore, as part of the implementation of these ODDS, there are will also updates to other chapters of the Municipal Code, including

17.04 Definitions; 17.12 R-1 Single Family Residence District; 17.14 R-2 Two Family Residence District; 17.16 R-T Townhouse Residence District; 17.18 R-3 Medium Density Multiple-Family Residence District; 17.20 R-4 High Density Multiple-Family Residence District; 17.26, C-2 General Business District; 17.28 C-M Commercial Mix District; 17.36 PD Planned Development Combining District; 17.58 Architectural Control and Supervision; and 17.62 Off-Street Parking Regulations; and

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

423

WHEREAS, on November 16, 2023, the Planning Commission conducted a duly and properly noticed public hearing to take public testimony and considered a Resolution recommending amendments to Title 17, Zoning, to various chapters including 17.04 Definitions; 17.12 R-1 Single Family Residence District; 17.14 R-2 Two Family Residence District; 17.16 R-T Townhouse Residence District; 17.18 R-3 Medium Density Multiple- Family Residence District; 17.20 R-4 High Density Multiple-Family Residence District;

17.26, C-2 General Business District; 17.28 C-M Commercial Mix District; 17.36 PD Planned Development Combining District; 17.58 Architectural Control and Supervision; and 17.62 Off-Street Parking Regulations, and after conducting the public hearing, adopted Resolution No. P-18-23 recommending the City Council adopt the Ordinance approving the various amendments to Title 17; and
WHEREAS, on December 6, 2023, a public hearing notice was published and posted in three public places, pursuant to California Code Section 65090 for the City Council public hearing on December 18, 2023.

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

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

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

2. The ordinance making various amendments to Title 17 is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as the adoption of the amendments to zoning regulations are not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment and if a “project,” the amendments to zoning regulations in Title 17 would be exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.

Section 2. Amendment. Chapters 17.04 Definitions; 17.12 R-1 Single Family Residence District; 17.14 R-2 Two Family Residence District; 17.16 R-T Townhouse Residence District; 17.18 R-3 Medium Density Multiple-Family Residence District; 17.20 R-4 High Density Multiple-Family Residence District; 17.26, C-2 General Business District; 17.28 C-M Commercial Mix District; 17.36 PD Planned Development Combining District; 17.58 Architectural Control and Supervision; and 17.62 Off-Street Parking Regulations within Title 17, “Zoning” of the Foster City Municipal Code are hereby

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

424

amended as set forth in the attached Exhibits A through K, attached hereto and incorporated herein by reference.

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

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

This Ordinance was introduced and read on the ___ day of ____, 2023, and passed and adopted on the ____ day of ___, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

425

EXHIBIT A
The following sections of Chapter 17.04 Definitions are hereby added or for existing definitions, the following sections shall be repealed and replaced in their entirety to read as follows:
“17.04.XXX Articulated roof form.

“Articulated roof form” means either a gable roof, or a flat/parapet roof accompanied by a change in height. Articulated roof forms shall be:

A. located directly above projecting or recessed building massing elements, significant building breaks, or façade articulation; and B. Occupiable, subject to Building Code provisions and height limits.

17.04.XXX Articulation, horizontal.

“Horizontal articulation” means changes in massing or architectural details that occur in the horizontal direction (i.e., when moving left or right along a building frontage).

17.04.XXX Articulation, vertical.

“Vertical articulation” means changes in massing or architectural details that occur in the vertical direction (i.e., when moving up or down a building frontage).

17.04.XXX Bicycle parking, long-term (Class I).

“Bicycle parking, long-term (Class I)” means secured bicycle storage intended for long-term use, including bicycle lockers, storage rooms, or cages where each bicycle can be individually locked.

17.04.XXX Bicycle parking, short-term (Class II).

“Bicycle parking, short-term (Class II)” means bicycle parking intended for short-term use, including sidewalk bicycle racks, metered bicycle rings, and on-street corrals.

17.04.XXX Durable exterior materials.

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

426

“Durable exterior materials” means materials suited for long-term outdoor use in a non-submerged marine environment with long-term resistance to ultraviolet radiation. Durable exterior materials shall be limited to:

A. Redwood
B. Cedar
C. Teak
D. UV stable mineral-composite high-density polyethylene or polyvinyl composite woods.

E. Hard anodized 5052 or 5083 Aluminum alloys
F. 316L Stainless Steel Alloy
G. Other metals with either Thermoplastic powder coatings or Fluoropolymer powder coatings.

17.04.XXX Facade.

“Façade” means the exterior face of a building wall.

17.04.XXX Height of building.
“Height of building” means the vertical distance from the average level of the highest and lowest points of that portion of the lot covered by the building to the highest point of a flat roof or parapet for a building with a flat roof; the average height of a sloped roof; and is exclusive of accessory components such as but not limited to, mechanical penthouse, tower structures, chimneys, and mechanical equipment screens.

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

427

17.04.XXX_ Mechanical parking systems.
“Mechanical parking systems” means a device, including an elevating device such as a vertical lift or automated vehicle storage system, that allows for the provision of parking in a compact form.

17.04.XXX Mixed use.
“Mixed use” means a zone district that has the potential for several types of land use or combinations of different land uses within a single development.

17.04.XXX Multifamily.

“Multifamily” means any structure designed for human habitation that is divided into two or more independent living quarters, not including accessory dwelling units.

17.04.XXX_Multistory parking facilities.
“Multistory parking facilities” means a structure consisting of more than one floor used for the temporary storage of motorized vehicles.

17.04.XXX Open green area.

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

428

“Open green area” means the area of a lot which is not occupied by building coverage, parking lot or driveway and in residential or mixed use developments includes common open green area and/or private green open area.

17.04.XXX Open green area, common
“Open green area, common”, means the portion of the open green area in residential or mixed use developments that is not limited to use by a single dwelling unit or tenant.

17.04.XXX Open green area, private
“Open green area, private”, means the portion of the open green area in residential or mixed use developments that is limited to use by a single dwelling unit or tenant.

17.04.XXX Pedestrian-scaled lighting.

“Pedestrian-scaled lighting” means a light source not more than fifteen feet above grade that is directed towards a pedestrian walkway, such as a bollard light, pole light, or street lamp.

17.04.XXX Stepback.

“Stepback” means any portion of the upper floor or floors that is horizontally recessed from the main wall of a frontage.

17.04.XXX Turf, synthetic
“Synthetic turf means a surface of synthetic fibers made to look like natural grass.” All other existing sections in Chapter 17.04 not specifically identified herein shall remain unchanged. Any existing sections shall be renumbered as necessary.

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

429

EXHIBIT B
Amendments to Chapter 17.12, R-1 SINGLE-FAMILY RESIDENCE DISTRICT Section 17.12.040 is hereby amended to be repealed and replaced in its entirety to read as follows:
“17.12.040 Area, bulk, yard and height regulations.

The following area, bulk, yard and height regulations shall apply in the R-1 district, except as modified by Chapter 17.54, Yards:

Minimum Building
Site Required
Maximum
Density
Permitted
Minimum Yards
Required
Maximum
Height
Permitted
Maximum
Coverage
Permitted
Minimum
Width
(ft.)
Minimum
Area
(sq. ft.)
(units per
acre.)
Front
(ft.)
Side
(ft.)
Rear
(ft.) Stories Ft. (%)
40 5,000 8 20 5 20 2 25 50
“
All other existing sections in Chapter 17.12 not specifically identified herein shall remain unchanged.

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

430

EXHIBIT C
Amendments to Chapter 17.14, R-2 TWO-FAMILY RESIDENCE DISTRICT Chapter 17.14 is hereby amended to be repealed and replaced in its entirety to read as follows:
“17.14.010 Regulations generally.

The specific regulations set forth in this chapter shall apply in all R-2 districts.

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.

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.

17.14.040 Area, bulk, yard and height regulations.

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

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

431

Minimum Building
Site
Maximum
Density
Permitted
Minimum Yards Required Maximum
Height
Permitted
Maximum
Coverage
Permitted
Minimum
Width
(ft.)
Minimum
Area
(sq. ft.)
(units per
acre
Front
(ft.)
Side
(ft.)
Rear
(ft.) Stories Ft. (%)
40 5,000 13 20 5 20 2 25 50

17.14.050 Parking.

Parking shall be provided in accordance with Chapter 17.62.

17.14.060 Design Standards.

All development shall comply with Chapter 17.96.”

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

432

EXHIBIT D
Amendments to Chapter 17.16, R-T TOWNHOUSE RESIDENCE DISTRICT Chapter 17.16 is hereby amended to be repealed and replaced in its entirety to read as follows:
“17.16.010 Regulations generally.

The specific regulations set forth in this chapter shall apply in all R-T districts.

17.16.020 Permitted uses.

The following uses shall be permitted in the R-T district:

A. One-family attached residential or townhouse units; provided, that a maximum of six units may be joined together by common walls;
B. Accessory structures and uses located on the same site as the townhouse unit for which the use is clearly related to the primary unit;
C. Home occupations as defined in Section 17.04.250; D. Common open areas maintained and available for the use of the residents of the development;
E. Private roads and driveways; provided, that:

1. A minimum road width of twenty-four feet shall be maintained where no driveway access occurs, and width of twenty-eight feet shall be minimum where driveways or parking bays occur;
F. Common recreation facilities including but not limited to community buildings, swimming pools, activity court and the like. A minimum of ten percent of the development shall be devoted to active recreational activity; G. Community care facilities including family day care homes, day care centers, residential care facilities, transitional housing and supportive housing as defined by Sections 17.04.135, 17.04.149, 17.04.215, 17.04.459, 17.04.544 and 17.04.547;

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

433

H. Accessory dwelling units in compliance with Chapter 17.78.

17.16.030 Conditional uses.

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

A. Temporary sales office and model complex for first sale of residences within the development;
B. Temporary buildings or trailers used during construction on the site, to be removed upon issuance of the first occupancy permit.

17.16.040 Development regulations.

Due to the unique character of townhouse development and the required common area and recreation areas, a use permit shall be required for each separate development.

The R-T zone shall be developed only in conjunction with the PD combining district zone and processed in the method prescribed therein.

17.16.045 Area, bulk, yard and height regulations.

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

Minimum
Building
Site
Maximum
Density
Permitted
Minimum Yards
Required
Maximum Height
Permitted
Maximum
Coverage
Permitted
Minimum
Open Green
Area
Minimum
Width (ft.)
(units per
acre
Fron
t (ft.)
Side
(ft.)
Rear
(ft.)
Stories Ft. (%)
(%)
20 15 5 0/101 0/101 3 38 50 30
1Side and rear setbacks of 10 feet are required where adjacent to properties zoned R-1 or R-1/PD.

17.16.050 Parking.

Parking shall be provided in accordance with Chapter 17.62.

17.16.060 Design Standards.

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

434

All development shall comply with Chapter 17.96.”

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

435

EXHIBIT E
Amendments to Chapter 17.18, R-3 MEDIUM DENSITY MULTIPLE-FAMILY

RESIDENCE DISTRICT
Chapter 17.18 is hereby amended to be repealed and replaced in its entirety to read as follows:
“17.18.010 Regulations generally.

The specific regulations set forth in this chapter shall apply in all R-3 districts.

17.18.020 Permitted uses.

The following uses shall be permitted in the R-3 districts:

A. Multiple-family dwellings.

B. Accessory uses which are related to multiple-family dwellings.

C. Home occupations as defined in Section 17.04.250.

D. Community care facilities including family day care homes, day care centers, residential care facilities, transitional housing and supportive housing as defined by Sections 17.04.135, 17.04.149, 17.04.215, 17.04.459, 17.04.544 and 17.04.547.

E. Accessory dwelling units in compliance with Chapter 17.78.

17.18.030 Conditional uses.

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

Those uses permitted in any R-1 or R-2 districts with a conditional use permit and as regulated therein.

17.18.040 Area, bulk, yard and height regulations.

The following area, bulk, yard and height regulations shall apply in the R-3 districts:

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

436

Minimum
Building Site
Minimum
Yards
Required
Maximum
Height
Permitted
Maximum
Coverage
Permitted
Minimum
Open
Green
Area
Required
Averag
e Width
(ft.)
Minimu
m Area
(sq. ft.)
Minimum
Density
Permitted
(units per
acre)
Maximum
Density
Permitted
(units per
acre) Fron
t (ft.)
Side
(ft.)
Rear
(ft.)
Storie
s Ft. (%) (%)
150 15,000 15/201 35 10 10 /10 3 38 50 30
•
1 Minimum density shall depend upon the general plan land use designation. For condominium residential, the permitted density range is 15-35 units per acre. For apartment residential, the permitted density range is 20-35 units per acre.

17.18.050 Parking.

Parking shall be provided in accordance with Chapter 17.62.

Parking on the first level, not to exceed four feet above finished grade, shall not constitute a story.

17.18.060 Design Standards.

All development shall comply with Chapter 17.96.”

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

437

EXHIBIT F
Amendments to Chapter 17.20, R-4 HIGH DENSITY MULTIPLE-FAMILY RESIDENCE

DISTRICT
Chapter 17.20 is hereby amended to be repealed and replaced in its entirety to read as follows:
“17.20.010 Regulation generally.

The specific regulations set forth in this chapter shall apply in all R-4 districts.

17.20.020 Permitted uses.

The following uses shall be permitted in the R-4 districts:

A. Any use permitted in any R-3 residential districts; B. Accessory uses which are necessary to the above-mentioned uses.

17.20.030 Conditional uses.

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

A. Any conditional use permitted in the R-3 multiple-family residential districts; B. Convalescent homes, rest homes or nursing homes accommodating more than five persons in addition to the owner or manager and his family wherein the total structure has been designed specifically for the use permitted.

17.20.040 Area, bulk, yard and height regulations.

The following area, bulk, yard and height regulations shall apply in the R-4 districts:

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

438

Minimum
Building Site
Minimum Yards
Required
Maximum
Height
Permitted
Maximu
m
Coverag
e
Permitte
d
Open
Green
Area
Required
Average
Width
(ft.)
Minimu
m Area
(sq. ft.)
Minimu
m
Density
Permitte
d (units
per acre)
Maximu
m
Density
Permitte
d (units
per acre) Fron
t (ft.)
Side
(ft.)
Rear
(ft.) Stories Ft. (%) (%)
150 15,000 15/201 35 10 5/102 /10 5 55 50 30
1 Minimum density shall depend upon the general plan land use designation. For condominium residential, the permitted density range is 15-35 units per acre. For apartment residential, the permitted density range is 20-35 units per acre. 2Side setbacks shall be increased to 10 feet where the property abuts property in the R- 1 or R-1/PD district.17.20.050 Parking.

Parking shall be provided in accordance with Chapter 17.62.

17.20.060 Design Standards.

All development shall comply with Chapter 17.96.”

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

439

EXHIBIT G
Amendments to Chapter 17.26, C-2 GENERAL BUSINESS DISTRICT Chapter 17.26 is hereby amended to be repealed and replaced in its entirety to read as follows:
“17.26.010 Regulations generally.

The specific regulations set forth in this chapter shall apply in all C-2 districts:

Any recreational or instructional school or business teaching or offering dance, music, singing, gymnastics, boxing, wrestling, martial arts, sports training, and fitness training shall, with the exception of allowing ingress into and egress out of the school or business, keep all of the windows and doors serving the facility closed when conducting noise-generating activities such as classes, training, instructions, recitals, exhibitions or performances.

17.26.020 Permitted uses.

The following uses shall be permitted in the C-2 districts:

A. Any use which is a permitted use in the neighborhood commercial C-1 districts, except that the following uses are excluded from the C-2 zone: laundromats; B. Retail stores and services establishments which supply commodities or provide service primarily to meet the needs of residents of the community, such as large department stores, automobile sales agencies, bars and cocktail lounges, sale of antiques and specialty items, costume rental shops, bicycle stores (including rental and repair), hotels and motels (including restaurant and meeting rooms), and other general commercial uses serving the needs of the community as a whole and which, in the opinion of the city planning director, are similar to the above-mentioned uses; C. Parking lots, open and other than accessory, for the storage of private passenger automobiles and subject to the provisions of Chapter 17.62;

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

440

D. Incidental and accessory structures and uses on the same site with and necessary to the operation of a permitted use.

17.26.030 Conditional uses.

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

A. Any use which is a conditional use in the neighborhood commercial C-1 districts; B. Automobile accessory shops and repair garages, provided no such enterprise shall have a driveway entrance across the sidewalk;
C. General commercial amusement and entertainment enterprises, including theaters, bowling alleys and similar establishments, and entertainment provided in connection with a permitted use;
D. Clubs, lodges and fraternal organizations, including the serving of food and beverages to members and their guests, and including such other facilities customarily provided for the comfort and convenience of the membership; E. Municipal or privately-owned recreation building or center, including Y.W.C.A. and Y.M.C.A. buildings;
F. Residential uses as described in Chapters 17.18, R-3 Medium Density Multiple- Family Residence District, and 17.20, R-4 High Density Multiple-Family Residence District, subject to development regulations described in Section 17.26.040; G. Incidental and accessory structures and uses located on the same site with and necessary to the operation of a conditional use.

17.26.040 Area, bulk, yard and height regulations.

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

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

441

Minimum
Building Site
Required
Minimum
Yards
Required1
Maximum
Height
Permitted
Maximum
Coverage
Permitted
Minimum
Open
Green
Area
Required
Average
Width
(ft.)
Minimum
Area
(sq. ft.)
Minimum
Density
Permitted
(units per
acre)2
Maximum
Density
Permitted
(units per
acre)2
Front
(ft.)
Side
(ft.)
Rear
(ft.) Stories Ft. (%) (%)
200 40,000 15 60 0 0 0 8 90 50 25
1Where the commercial zone abuts a residential zone, no building shall be closer than twenty-five feet to the residential zone.
2Where residential uses are included in the development.

17.26.050 Parking and loading.

Parking and loading facilities shall be provided in accordance with the provisions of Chapter 17.62.

17.26.060 Use enclosure requirements.

All uses permitted within this chapter, except parking and other permitted outside accessory uses, shall be conducted within an enclosed building.

17.26.070 Design Standards.

All development containing residential uses shall comply with Chapter 17.96.”

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

442

EXHIBIT H
Amendments to Chapter 17.28, C-M COMMERCIAL MIX DISTRICT Chapter 17.28 is hereby amended to be repealed and replaced in its entirety to read as follows:
“17.28.010 Regulations generally.

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

17.28.020 Combining zone required.

The C-M district shall be used only in conjunction with the combining zone PD (planned development). This requirement is deemed necessary to insure the provision of adequate parking, to minimize potential conflict between dissimilar uses and to provide maximum flexibility of development.

17.28.030 Permitted uses.

A. The uses permitted within the C-M district are only those uses consistent with the General Plan Land Use designation and as specified within the use permit required in connection with such district. Other uses may be approved from time to time by the planning commission and found to be similar to the uses previously approved.

B. Cannabis testing laboratories may be an allowable use within the required use permit only in that portion of the C-M district that is located north of California State Highway Route 92, subject to the requirements of Chapter 8.10 and subject to the requirements of this chapter.

C. No use shall be established on a parcel of land which causes the amount of parking required by this title for that parcel to exceed the number of parking spaces

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

443

provided. Where combined use of parking is requested, the number of parking spaces provided shall not be reduced below the number of spaces required by the maximum user.

17.28.040 Area, bulk, yard and height regulations.

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

Minimum
Building Site
Required
Minimum
Yards
Required1
Maximum
Height
Permitted
Maximum
Coverage
Permitted
Minimum
Open
Green
Area
Required
Average
Width
(ft.)
Minimum
Area
(sq. ft.)
Minimum
Density
Permitted
(units per
acre)2
Maximum
Density
Permitted
(units per
acre)2
Front
(ft.)
Side
(ft.)
Rear
(ft.) Stories Ft. (%) (%)
200 40,000 15 60 0 0 0 8 90 50 25
1Where the commercial zone abuts a property in the R-1 or R-1/PD district, no commercial building shall be closer than twenty feet to the residential zone. 2Where residential uses are included in the development. 17.28.050 Parking.

Parking shall be provided in accordance with Chapter 17.62.

17.28.060 Design Standards.

All development containing residential uses shall comply with Chapter 17.96.”

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

444

EXHIBIT I
Amendments to Chapter 17.36, PD PLANNED DEVELOPMENT COMBINING

DISTRICT
Chapter 17.36 is hereby amended to be repealed and replaced in its entirety to read as follows:
“17.36.010 Purpose.

The PD or planned development combining district is designed to accommodate various types of development, such as single-family residential developments, multiple housing development, neighborhood and community shopping centers, professional and administrative areas, commercial service centers, and industrial parks and other uses or a combination of uses which can be made appropriately a part of a planned development. The district is established to allow flexibility of design which is in accordance with the objectives and spirit of the general plan.

17.36.020 Establishment.

A. PD combining districts may be established or removed from the zoning map upon the application of a property owner or owners, or upon the initiative of the city council or planning commission, in accordance with the procedures set forth in Chapter 17.74.

B. The following standards as usually prescribed by the zoning ordinance may, upon planning commission approval, be waived in a PD district without being processed under the variance procedure:

1. Minimum building site;

2. Minimum lot dimension;

3. Maximum building site coverage by buildings and structures;

4. Minimum yards;

5. Maximum building or structure height, bulk or massing;

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

445

6. Maximum height of fences and walls;

7. Signs;

8. Street or road widths dimensions;

9. Any other minimum or maximum standards as usually required or applied with the exception of off-street parking requirements.

17.36.030 General development plan.

An application for the establishment of a PD district shall be accompanied by a graphic general development plan which, if approved by the planning commission and city council, shall become a part of the zoning map of the city, except that for general development plans including residential uses, the general development plan shall be adopted by resolution of the city council and shall not require changes in the zoning map.

A. The graphic general development plan shall show the following information presented in graphic and schematic form and at a scale satisfactory to the city with a reduced reproducible print of the approved drawing suitable to the city for publication purposes:

1. Proposed land uses;

2. Location of buildings, structures and building groups;

3. A tabulation of proposed dwelling unit density in residential areas;

4. A tabulation of the maximum heights of proposed buildings;

5. Proposed circulation systems, including preliminary street cross-sections;

6. Proposed parks, playgrounds, school sites, and other open spaces;

7. Location and type of existing and proposed landscaping; identification of any existing trees to be removed;

8. An economic feasibility analysis of proposed commercial uses;

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

446

9. Development phasing (for entire project);

10. Relation to future land use in surrounding area, as proposed in the general plan;

11. Proposed off-street parking (ratio, locations, total number of spaces);

12. Any additional data required by the planning director as necessary to analyze the rezoning application.

B. The planning commission may waive the requirements of subsection A of this section, in whole or in part, when it deems such action to be in the best interests of the city, or when it determines that the information required is not relevant to or useful for the PD application at hand.

C. A PD district initiated by the planning commission or city council will require a graphic general development plan only if so determined by the initiating body. In such cases, the initiating body may require a graphic general development plan which contains all or only part of the required information as outlined in subsection A of this section.

D. The planning commission and city council may require such other information which, combined with the original information submitted, shall be for the purpose of ascertaining substantial conformity with the adopted general plan of the city and compatibility with the surrounding area.

E. In order to approve, conditionally approve, or recommend approval or conditional approval of a general development plan, the planning commission shall find that:

1. The planned development complies with the applicable provisions of the adopted city general plan;

2. The planned development complies with the City’s applicable objective design and development standards.

3. Utility and service providers have verified that the proposed facilities will meet the needs of the population densities and land uses proposed;

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

447

4. The proposed ratios for off-street parking are consistent with the parking regulations of the city, as provided in Chapter 17.62;

17.36.040 Conditional uses.

A use permit shall be required for any and all uses in a PD district. The planning commission shall not grant a use permit for any use or uses in a PD district unless it finds:

A. Such use or uses conforms to the applicable provisions of the adopted general plan of the city;
B. Such use or uses are shown on the approved general development plan for the particular PD district;
C. That a specific development plan has been submitted which meets all of the requirements as outlined in Section 17.36.050.

17.36.050 Specific development plan.

An application for a use permit in a PD district shall include and be accompanied by a specific development plan which, if approved by the planning commission, shall become a part of the use permit.

A. Following adoption of a general development plan, no development, improvement or building construction within the planned development area covered by the adopted general development plan shall be commenced until the planning commission shall have approved a specific development plan for the entire planned development or, if the project is to be phased over several years, the first phase thereof.

B. Within one year following the adoption of the general development plan for the proposed planned development, the applicant shall submit to the planning commission an application for approval of a specific development plan for the proposed planned development, or the first phase thereof, including time limitations for submitting successive phases. All phases of the specific development plan shall consist of the following:

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

448

1. A map showing the existing topography and the proposed topography of the development at one-foot contour intervals, or as approved by staff;

2. A map showing:
a. Vehicular/pedestrian/bicycle circulation;
b. Parking areas and proposed parking ratios (off-street/on-street), all parking aisles, stall and curve radii dimensions, and landscaped areas; c. Areas proposed for dedication for parks, parkways, school sites, playgrounds, public buildings;
d. Landscaped public open space;
e. Landscaped private open space;

3. A plot plan for each building site or sites showing:
a. Approximate placement of all proposed buildings and structures; b. Distances between all buildings and structures, and distances between buildings and structures and property lines;

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

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

449

d. A landscaping and tree planting plan; such a plan shall show the approximate location, type, and size of plant materials to be installed; e. Detailed engineering site-grading plans, including proposed finished grades and all public improvements, and site drainage;
f. Detailed engineering improvement plans for the provision of public utilities for the site, including provisions for off-site connections and facilities necessary to serve the site;
g. A written statement, describing the disposition of recreation and open space areas, including proposals for ownership, development and maintenance.

6. Architectural Drawings, including:
a. Scale and character (building and structure height; height of walls and fences; building massing; density; configuration; facade treatments; basic shapes of buildings);
b. Rooftop treatments;
c. Materials (materials palette);
c. Colors (colors palette);
d. Elevations and perspective drawings of all proposed structures. (Such drawings need not be the result of the final architectural decisions and need not be in detail. The purpose of such drawings is to indicate within stated limits the height of the proposed buildings and the general appearance of the proposed structure, to the end that the entire development will have architectural unity and be in harmony with surrounding developments.)

17.36.060 Off-street parking requirements in a PD district.

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

450

requirements of state law. The parking ratios and related standards contained within Chapter 17.62 are, for purposes of the PD district, considered minimum ratios and standards, and may be revised by the planning commission depending on certain factors as noted below.

B. When the planning commission has determined that conditions allowing a deviation from the total number of required off-street parking spaces are present, the planning commission may grant such deviation as deemed appropriate, based upon the following information provided by the applicant:

1. A parking analysis discussing all impacts resulting from the deviation from usual off-street parking requirements, including alternative parking designs or strategies considered, and why they were deemed infeasible, if applicable, and alternatives for mitigating negative impacts identified.

2. The parking analysis may include a clear, documentable rationale describing how and why the proposed parking will work at the given site and specifically identifying where it has been successfully used in other comparable projects and cities, and/or any other information as requested by staff and the planning commission.

3. The parking analysis shall include a parking demand study that demonstrates that the parking demand for the proposed use is less than the minimum off-street parking required by Section 17.62.060. The parking demand study shall be prepared by a licensed transportation professional.

4. Any such request for reduction of off-street parking capacity may be satisfied by providing a transportation systems management plan (TSM)/travel demand management (TDM) program consistent with the requirements outlined in Section 17.62.060(D)(3).

C. The planning commission will not consider the following reasons or conditions acceptable as the sole rationale for allowing a deviation from the provisions of the off- street parking requirements contained in Chapter 17.62:

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

451

1. The potential or estimated increase in or benefit to a project’s revenue generation, cash flow, market value, marketing strategy, or financial feasibility;

2. A desire or unsubstantiated need to increase the dwelling unit (residential uses) or square footage (office, retail, service, other uses) yield of a project by decreasing the required off-street parking ratio associated with the project or its individual uses.

17.36.080 Design guidelines/standards.

All development containing residential uses shall comply with Chapter 17.96.

17.36.100 Amendment of development.

A. Changes in the general development plan shall be considered the same as changes in the zoning map, and shall be made in accordance with the procedures set forth in Chapter 17.74, except that for amendment of general development plans including residential uses, the amended general development plan shall be adopted by resolution of the city council and shall not require changes in the zoning map.

B. Changes in the specific development plan shall be considered the same as changes to the use permit, and shall be made in accordance with the procedures set forth in Chapter 17.06.

17.36.110 Development schedule and extensions.

An approval of a use permit in a PD district shall include a condition of approval that the use permit will expire two years from the date of approval, unless subject to time limits for a tentative map or development agreement. Extensions may be granted at the discretion of the planning commission, not to exceed a cumulative total of two years, in annual extensions not to exceed one year.

17.36.120 Rezoning.

If, in the opinion of the planning commission, the owner or owners of property in a PD district are failing or have failed to comply with an approved general development plan or specific development plan, the planning commission may initiate proceedings under Chapter 17.74 to rezone the property to another zoning district which conforms to the adopted general plan of the city.

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

452

17.36.130 Relationship of PD district to other ordinance.

Unless expressly provided otherwise in the PD zoning ordinance, the general provisions of the city zoning ordinance which apply to all zones also apply to PD districts.

17.36.140 Application and fees.

Application for approval of a planned development in accordance with the provisions of this chapter shall be made by the owner or owners of the land involved, or any agent thereof, on forms prescribed by the city and shall be accompanied by fees to be established by resolution adopted by the city council.”

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

453

EXHIBIT J
Amendments to Chapter 17.58 ARCHITECTURAL CONTROL AND SUPERVISION Chapter 17.58 is hereby amended to be repealed and replaced in its entirety to read as follows:
“17.58.010 Intent and purpose.

A. It is the intent of the city council in enacting this chapter to protect the health, safety, and general welfare of the city by maintaining the high standards of architectural design that have distinguished Foster City as the first successful planned community created in California.

B. This chapter establishes procedures and criteria for review of proposed structures, buildings, and improvements to real property and modifications to such which are necessary in order to meet the following objectives:

1. To preserve the architectural character and scale of the neighborhoods and community;

2. To assure that development is well designed, in and of itself and in relation to surrounding properties, including that the height, facade length, roof form, colors, materials, and architectural details of a proposed building should be compatible with the height, facade length, roof form, colors, materials, and architectural details of buildings in the immediate vicinity;

3. To prevent the erection of structures, additions or alterations or other property improvements which significantly impact the privacy of adjacent properties; cause a significant diminution of sunlight to the interior of an adjacent building or to the exterior of adjacent properties; cause undue glare or noise impacts to adjacent properties; and significantly block or limit existing views from the interior and exterior of adjacent properties, and that individual rights are weighed against the needs and requirements of the community;

4. To assure that developments enhance their sites and are harmonious with the highest standards of improvements in the surrounding area;

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

454

5. To promote and protect the health, safety and general welfare of the city;

6. To preserve views of and from the lagoons and waterways which provide a visual connecting link for adjacent lots and developments;

7. To enhance the residential and business property values within the city and in neighborhoods surrounding new or modified development;

8. To assure that each new development is designed to best comply with the intent and purpose of the zone in which the property is located and with the general plan of the city;

9. To encourage the maintenance, repair, replacement or improvement of surrounding properties.

17.58.020 Improvements subject to architectural review.

A. Each improvement as defined in Section 17.04.265 which is not otherwise declared exempt below shall be subject to architectural review as provided in this chapter.

Improvements subject to architectural review include:

1. New buildings, structures or additions to existing structures;

2. Modifications to the exterior of a structure, including, but not limited to, the addition of windows, the introduction of bay or bow windows or new/unapproved window shapes or materials (such as glass block), doors, rooftop equipment, roof material or color, nontubular skylights, solar panels or loading docks;

3. Addition of paved area to a front yard including asphalt, cement and brick except for walkways;

4. Decks above grade at any point (except as exempted below), gazebos, patio covers, trellises, windscreens and similar improvements;

5. Exterior storage of recreational vehicles, recreational vehicle equipment, boats, boat trailers, campers and camper shells pursuant to Chapter 17.64;

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

455

6. Flagpoles more than fifteen feet in height in an “R” district or more than twenty-five feet in height in a “C” or “M” district or in multi-family common areas;

7. All improvements which the community development director deems similar to those listed above;

8. Elimination of the setback requirement between a spa or hot tub and a common area property line in the RT/PD, C-2/PD, or R-3/PD districts upon securing architectural review approval by the planning commission in each planned development;

9. Children’s play structures not otherwise exempt pursuant to subsection (B)(20) of this section. These structures shall be reviewed for location, height, size, colors, materials and impact on neighboring properties.

B. Improvements Exempt from Architectural Review. The following improvements shall be exempt from architectural review:

1. Modifications to the interior of a structure;

2. Repainting or restaining of buildings or structures on properties in R districts, which are not in a PD (planned development) district, provided the new color is not bright pastel, fluorescent or a primary color, or out of character with the existing colors used in the neighborhood;

3. Repainting or restaining of buildings or structures on properties in C-U, C-I, C- 2, C-M, M-I, PF, OSC or any PD (planned development) district, provided the new color is within the project color palette previously approved by the city with the specific development plan for the project. However, within projects zoned R1/PD, adjacent properties which front on the same street shall not use the same color scheme;

4. Exterior landscaping of single-family detached homes unless required as a condition of approval of use permit or architectural review;

5. Replacement of landscape materials with the same species of plant;

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

456

6. Replacement of portions of the exterior of structures or improvements using materials of the same size, type and color;

7. Maintenance which does not involve replacement of any parts;

8. Improvements which are otherwise subject to use permit;

9. Storage sheds and other accessory structures lower than the fence line in a side or rear yard, except that storage sheds on waterfront property which are visible from public waterways shall require an architectural review by the community development director;

10. Decks less than eighteen inches above grade at any point which are also a minimum of five feet from any property line;

11. Flagpoles which are fifteen feet or less in height in an R district or less than twenty-five feet in height in a C or M district or in multifamily common areas;

12. Modifications (frame materials, muntins (grids) or other similar minor modifications as determined by the community development director) to existing windows and doors;

13. Replacement of existing first story rear or side yard windows with garden or greenhouse style windows;

14. Replacement of existing doors, including garage doors;

15. Fences on nonwaterfront property which do not face a public right-of-way;

16. New windows three square feet or less in size located on the first floor on a nonwaterfront property, not in a planned development (PD) district, and not facing a public right-of-way;

17. Exterior spas, hot tubs or swimming pools, whether portable, temporary or permanent, that comply with the requirements of Chapter 17.66, including but not limited to setbacks of the spa, hot tub, or swimming pool and associated equipment;

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

457

18. Replacement of exterior siding in the R-1 district with stucco, wood, wood shingle, vinyl or fiber cement siding, except that changes of siding on Eichler style houses as determined by the community development director shall require an architectural review permit;

19. Tubular style skylights;

20. Children’s play structures located in a side or rear yard, with a maximum height of eight feet, set back a minimum of five feet from any property line and located behind a minimum five-foot-tall fence with no electrical outlets or lights;

21. Basketball standards or similar equipment as determined by the community development director.

C. Improvements Which Are Prohibited. The following types of improvements are prohibited:

1. Repainting or restaining which uses a bright pastel, fluorescent, or a primary color or a color out of character with existing colors used in the neighborhood;

2. Repainting or restaining which uses murals, multi-colored patterns, or similar features.
a. Exception – Murals of landscapes, hardscapes or foliage may be displayed on the interior side of fence and walls.

17.58.030 Architectural review approval required prior to construction or improvement.

A. Prior to the issuance of any building permit or construction of any improvement for any of the items listed in Section 17.58.020(A), architectural review approval shall be obtained as required by this chapter.

17.58.040 Architectural review procedures.

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

458

supporting information and plans shall be as determined by the community development director. The supporting information shall include evidence that the applicant provided the adjacent property owners an opportunity to review the proposed plans and mail in their comments either in the form of a signed statement from the adjacent property owners or a certified mail receipt.

B. Review for Completeness. Within thirty days of submittal of the application the community development director or his/her designee shall determine if the application is complete.

C. Decision.

1. Planning Commission Review. The planning commission shall either approve, approve with conditions or deny the application in accordance with the provisions of this chapter and any other applicable requirements of federal, state or local law for all architectural review applications pertaining to:
a. Major improvements on properties in any district, including but not limited to the following improvements to property in R districts:
i. Room additions on waterfront property which the community development director cannot approve pursuant to subsection (C)(2) of this section;
ii. Second-floor room additions on nonwaterfront property which the community development director cannot approve pursuant to subsection (C)(2) of this section;
iii. Substantial changes or additions to waterfront decks that in the opinion of the community development director might significantly impact neighbors’ waterfront views; or
iv. Any improvement deemed by the community development director to be similar in nature.

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

459

b. On waterfront properties, room additions reviewed by the planning commission shall be subject to a use permit approved by the planning commission.
c. In districts other than R districts, the planning commission shall review modifications which result in an increase in floor area or a substantial change in the appearance of the building as determined by the community development director, including but not limited to use of lighting to outline features of a building, or any other item as determined by the community development director.
d. The planning commission shall review proposed changes to shopping center building colors in a legally noticed public hearing for the following neighborhood business or commercial mix districts: Charter Square Shopping Center/APN 094-473-010, 094-473-020 and 094-473-030; Beach Park Plaza Shopping Center/APN 094-261-330 and 094-261-270; The Market Place at Metro Center/APN 094-522-190; Edgewater Place Shopping Center/APN 094- 541-070 and Marlin Cove Shopping Center/APN 094-330-150.

2. Community Development Director Review. For all architectural review applications other than those requiring planning commission action pursuant to subsection (C)(1) of this section, the community development director shall either approve, approve with conditions or deny the application in accordance with the provisions of this chapter and any other applicable requirements of federal, state or local law within ten days from the date the application was deemed complete unless a time extension is granted by the applicant. The community development director may refer the application to the planning commission for comment or final action. The community development director shall review:
a. Room additions on the waterfront side of waterfront property that are less than two hundred square feet in area on the first floor only. b. Greenhouse/solariums on waterfront and non-waterfront properties. c. The community development director shall review all room additions on nonwaterfront property and the nonwaterfront side of waterfront properties

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

460

except second-floor additions that exceed four hundred square feet or are visible from the waterfront.
d. The community development director shall also review changes in windows and doors, addition of detached accessory buildings, fences, rooftop equipment, minor changes or additions to waterfront decks that in the opinion of the community development director will not significantly impact neighbors’ waterfront views.
e. Changes in building and roofing material in all districts not otherwise exempt from review.
f. Other minor exterior changes and building color changes in all zoning districts not otherwise exempt from review with the exception of shopping center building colors in the following neighborhood business or commercial mix districts: Charter Square Shopping Center/APN 094-473-010, 094-473- 020 and 094-473-030; Beach Park Plaza Shopping Center/APN 094-261-330 and 094-261-270; The Market Place at Metro Center/APN 094-522-190; Edgewater Place Shopping Center/APN 094-541 070 and Marlin Cove Shopping Center/APN 094330-150.

D. Notice of Decision. Written notice of the decision shall be provided to the applicant and owner within five calendar days after the decision is rendered. In the case of decisions rendered by the community development director, written notice of the decision shall also be provided to the planning commission within five calendar days after the decision is rendered.

E. Decision Not Effective Until Permittee Acknowledges Acceptance of Any Conditions. Any architectural review decisions shall not be effective until the permittee acknowledges acceptance of any conditions of approval and any appeal period has lapsed or if there is an appeal until a final decision has been made on the appeal.

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

461

made on the appeal or upon the preparation of a notice of decision if the appeal period is waived pursuant to this section. The appeal period may be waived by the community development director if all abutting property owners have submitted signed statements waiving their rights to file an appeal.

17.58.050 Findings required.

Prior to approving an application for architectural review, the following findings must be made by the approving body:

A. That the proposal is consistent with the applicable provisions of the Foster City general plan and Title 17, Zoning, of the Foster City Municipal Code.

B. That the design of the proposal conforms to city’s objective design and development standards and other adopted guidelines.

17.58.060 Architectural guidelines adopted by resolution.

A. The planning commission may, by resolution, approve or authorize the community development director to approve architectural guidelines for specific developments or specific types of development which are consistent with the intent and purpose of this chapter.

B. Architectural guidelines may include regulations for property improvements which are different than are contained elsewhere in Title 17, Zoning, and where they differ, such guidelines shall supersede the provisions of this title. For items not specifically mentioned in such guidelines, the provisions of this title shall otherwise apply.

17.58.070 Special provisions.

A. Private Architectural Review. Where deed restrictions or private property covenants, codes, and restrictions require review by a private architectural board, committee, or Homeowners’ Association, the review shall be accomplished by the applicant and the findings of the board or committee shall be transmitted in writing to the city prior to city action. Application to the board and transmission of its findings shall be the responsibility of the applicant, not the city.”

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

462

EXHIBIT K
Amendments to Chapter 17.62, OFF-STREET PARKING REGULATIONS Chapter 17.62 is hereby amended to be repealed and replaced in its entirety to read as follows:
“17.62.010 Purpose and intent.

The regulations set out in this chapter are established in order to assure that parking facilities are properly designed and located in order to meet the parking needs created by specific uses, and to protect the public safety.

17.62.020 Definitions.

As used in this chapter (see also Chapter 17.04 Definitions):

A. “California Building Code” means as referred to in Titles 24 and 25 of the California Administrative Code.

B. “Carpool” means two or more people travelling together on a continuing and prearranged basis in a motor vehicle over routes tailored to accommodate rider needs.

C. “Certificate of occupancy” means the permit required for occupancy of any building, pursuant to Sections 307 and 502 of the Uniform Building Code.

D. “Handicapped persons” a handicapped/disabled person shall be defined pursuant to Section 22511.5 of the California Vehicle Code.

E. “Multiple uses” means industrial, commercial, office, retail or residential land uses, co-located in a project/development site or land subdivision map.

F. “Passenger drop-off zone” means an area for passenger loading and unloading, ride share, deliveries, and similar uses that is parallel to the curb, a minimum of twenty- four feet long and eight feet wide with an accessible loading area at the side of at least sixty inches wide.

G. “Peak-demand hour (parking)” means that period of time within which demand for available off-street parking is most strong.

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

463

G. “Private street,” “private road” or “driveway” means a way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other members of the public (Section 490 of the California Vehicle Code).

H. “Public accommodation area” means those areas within restaurants, taverns, lounges and other establishments for the sale and consumption on the premises of food and beverages, designed to accommodate public seating and gathering, excluding hallways, restrooms, stairways, elevator shafts and common areas used only for major pedestrian movement.

I. “Public transit” means publicly provided transportation, usually either by bus or rail, to users at a fixed cost per ride.

J. “Secondary residential unit” means a housing unit established pursuant to the requirements of Chapter 17.78 of this code.

K. “Staggered/variable work hours” means work schedules in which employees chose their arrival and departure times within management limits, and which increase the opportunity for employees to find convenient ridesharing arrangements.

L. “Tandem parking spaces” means two parking spaces placed one behind the other.

M. “Transportation coordinator (TC)” means a person, usually a company employee, responsible for helping employees find ridesharing or public transit commuting alternatives.

N. “Transportation systems management (TSM)” means a low-cost transportation improvement, action or plan, implementable in the short term, that reduces traffic congestion and/or increases traffic system capacity and off-street parking capacity.

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

464

P. “Vanpool” means seven or more people travelling together on a continuing and prearranged basis in a motor vehicle designed for the transportation of persons over routes tailored to accommodate rider needs.

17.62.030 Basic regulations for off-street parking.

A. Off-street parking shall be provided subject to the provisions of this chapter for:

1. Any new building constructed;

2. Any new use established;

3. Any addition or enlargement of an existing building or use; and

4. Any change in the occupancy or use of any building or the manner in which any use is conducted that would result in additional parking stalls being required.

B. With the exception of uses that have entered into city-approved shared-parking agreements, city-approved off-site parking agreements, or city-approved parking in-lieu fee agreements, required parking stalls or garages shall be located on-site.

C. All off-street parking stalls and areas required by this title shall be designed and maintained to be fully usable for the duration of the use requiring such areas and spaces.

D. On-street parking within public or private streets, driveways or drives shall not be used to satisfy the off-street parking requirements, except where allowed by this chapter.

E. Whenever the computation of the number of off-street parking stalls required by this section results in a fractional parking stall, one additional parking stall shall be required for one-half or more fractional parking stalls, and any fractional space less than one-half of a parking stall shall not be counted.

F. Temporary use of off-street parking stalls for non-parking purposes will not violate this title only if such use is specifically approved by the city.

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

465

G. Parking facilities approved to be constructed or substantially reconstructed subsequent to the effective date of the ordinance codified in this chapter, as amended, whether or not previously required, shall conform to the design standards set forth in this chapter. For the purposes of this chapter, substantially reconstructed shall include significant changes in the location, shape, or configuration of the parking lot or to the number or size of parking stalls, with the exception of the creation or adjustment of handicapped parking stalls. Substantially reconstructed shall not include simple maintenance such as repaving, oil and screening of lot surfaces, and/or repainting.

When a parking facility is required to conform to the design standards pursuant to this section, the entire parking facility shall be required to conform. Existing legal nonconforming parking lots constructed pursuant to approved development plans shall be permitted to remain as approved until they are substantially reconstructed.

H. All off-street parking required by this chapter shall be constructed prior to the issuance of a certificate of occupancy.

I. If the parking requirements of this chapter conflict with any parking requirements established in this code for a specific zoning district, such as those contained in Section 17.36.060, or specific locations in the city or district, then those specific parking requirements shall prevail over the general requirements established in this chapter.

J. The public works and community development department shall recommend off- street parking requirements for any land use not mentioned in this chapter, subject to planning commission review and approval.

K. With the exception of a valet parking plan approved by the planning commission, or a parking management plan approved pursuant to Section 17.36.060, or two tandem parking stalls assigned to the same dwelling unit, no tandem parking (one space directly behind another) shall be allowed.

L. Parking lots designed for more than ten cars must have one lane for lot ingress and one lane for lot egress.

M. Whenever compact-car parking stalls are employed to meet off-street parking demand, whether in a residential, commercial, office or industrial project, they shall be distributed throughout the project rather than all clustered in one location.

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

466

N. Whenever possible, parking in all districts should be ninety degrees in orientation (perpendicular).

O. If a parking lot is so operated that a charge is required for the use of the parking facilities, the rates for parking shall be legibly posted upon city-approved parking regulation signs at all entrances to the lot.

17.62.040 Calculating parking requirements.

A. Whenever parking requirements are based on use square footages, calculations shall be based on gross leasable area of a building, which shall include the total interior floor area of the building or structure, measured at the inside face of the exterior walls, but excluding stairwells, elevator shafts, lobbies and bathrooms located for common or public usage of the total building rather than for tenant or internal usage, and space occupied by mechanical equipment or space related to the operation and maintenance of the building. Gross leasable area shall also include outside areas used for sales and/or display. When public lobby areas, outdoor areas or malls contain uses that generate a demand for parking, they shall be included as a part of the gross leasable area of the building.

B. When a single structure or parcel contains multiple uses, more than one parking standard may apply.

C. Parking stalls on public streets shall not be used to meet the requirements set forth herein. No development plans shall be based on the assumption that excess vehicles can be parked on public streets except where public streets have been specifically designed to accommodate on-street parking, and receive city approval for such use.

D. When parking regulations are based on the number of employees, parking calculations shall use the largest number of employees who work at any one work shift.

Where shift changes may cause substantial overcrowding of parking facilities, the city may require additional spaces.

17.62.050 Design standards.

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

467

Design standards are established by this section to set basic minimum dimensions and guidelines for design, construction, and maintenance of parking stalls and areas within all of the zoning classifications.

A. General. The following standards shall apply to all zoning classifications:

1. Standard Parking Stall Size. Each standard parking stall shall consist of a rectangular area not less than nine feet wide by nineteen feet long. All covered parking stalls should have a vertical clearance of not less than seven feet.

2. Compact Parking Stall Size. Stalls designated for use by compact cars may be reduced in size to a minimum of eight feet in width and sixteen feet in length. All covered parking stalls should have a vertical clearance of not less than seven feet.

3. Universal Parking Stall Size. Each universal parking stall shall consist of a rectangular area not less than eight and one-half feet wide by eighteen feet long.

All covered parking stalls should have a vertical clearance of not less than seven feet.

4. Handicapped Persons Parking Stall Size. Parking stalls for the use of the physically handicapped and accessibility to structures and areas by the physically handicapped shall comply with the requirements as set forth in Part 2, Title 24, of the California Administrative Code and Division 11, Chapter 9, of the California State Vehicle Code.

5. Aisle Dimensions. Each parking and loading space shall have adequate drives, aisles, and turning and maneuvering areas for access and usability, in accordance with Table 17.62.050-A.

6. Paving. Parking and loading facilities shall be surfaced and maintained with asphaltic, concrete, or other permanent, impervious surfacing material sufficient to prevent mud, dust, loose material, and other nuisances. Alternate surface material can be considered by the city, if shown that such material will not cause adverse effects and that it will remain in a usable condition.

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

468

7. Drainage. All parking and loading facilities shall be graded and provided with permanent storm-drainage facilities. Surfacing, curbing and drainage improvements shall be sufficient to preclude free flow of water onto adjacent properties or public streets or alleys, and to preclude standing pools of water within the parking facility.

8. Safety Features. Parking and loading facilities shall meet the following standards:
a. Safety barriers or curbing, and directional markers shall be provided to assure pedestrian/vehicular safety, efficient utilization, protection to landscaping, and to prevent encroachment onto adjoining public or private property.
b. Visibility of pedestrians, bicyclists and motorists shall be assured when entering and exiting individual parking stalls, when circulating within a parking facility, and when entering and exiting a parking facility. c. Internal circulation patterns, and the location and traffic direction of all access drives, shall be designed and maintained in accord with accepted principles of traffic engineering and traffic safety.
d. With the exception of single-family residential districts, backing of vehicles across a public walkway in order to exit from a parking space shall not be permitted.

9. Lighting. Lights provided to illuminate any parking facility or paved area shall be designed to reflect away from residential use and motorists. All lighting shall maintain one footcandle of illumination at ground level.

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

469

b. Fences, Solid. A solid fence, not to exceed forty inches in height, shall be constructed of wood, or wood and masonry or other materials to form an opaque screen.
c. Planting. Plant materials, when used as a screen shall consist of compact evergreen plants. They shall be of a kind, or used in such a manner, as to provide screening, have a minimum height of two feet, within eighteen months after initial installation.
d. Berms. Berms, including grass or plant materials shall be provided. e. Plant Materials. All plant materials used to provide a screen for off-street parking areas shall be maintained in a condition such that impairment of safe sight distances does not result.

11. Landscaping. The following basic standards shall be observed:
a. A minimum of ten percent of the total off-street parking area shall be landscaped with at least one fifteen-gallon minimum size tree per each three parking stalls (which may be clustered or grouped) and appropriate ground cover. The parking area shall be computed by adding the areas used for access drives, aisles, stalls, maneuvering and landscaping within that portion of the premises that is devoted to vehicular parking and circulation. b. Each unenclosed parking facility shall provide a perimeter landscaped strip at least four feet wide (inside dimension) where the facility adjoins a side or rear property line. The perimeter landscaped strip may include any landscaped yard or landscaped area otherwise required, and shall be continuous, except for required access to the site or to the parking facility. c. All landscaping shall be protected with concrete curbs. Where trees are planted within four feet of sidewalks, curbs or streets, root barriers and tree- trunk protectors shall be used. Decorator planter boxes may, upon city approval, be used in appropriate locations.

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

470

d. All landscaping shall be regularly cut, trimmed and maintained in a healthy condition and be kept free of weeds, debris or litter. e. No planting bed may be less than four feet in width (inside dimension) and twenty-four feet in area.
f. Planting beds must be reasonably distributed throughout the parking area. g. A detailed landscaping plan drawn to scale shall be provided with all planting, clearly located and labeled, as well as any and all landscape features other than plantings. The plan must include the following information:
i. Common name/botanical name;
ii. Size of materials in diameter and height at planting and at maturity; iii. Number and spacing of plants and trees to be planted; iv. Method of irrigation;
v. Methods to protect plant materials and landscaped areas from vehicle and pedestrian traffic;
vi. Maintenance schedule;
vii. Proposed treatment of all ground surfaces (paving, turf, other); viii. Grading and drainage;
ix. Type, dimensions, and locations of all direction and regulation signs; x. Dimensions and locations of all parking-lot attendant shelters (such shelters shall be compatible with site architecture, materials and design). h. Planting material shall meet the approval of the city’s standards and specifications.

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

471

i. No paved parking areas shall be more than thirty-five feet from a landscaped area, with the exception of ingress/egress and collector aisles located adjacent to a building.
j. Not more than twenty-five percent of a landscaped planter or landscaped area may be covered with hard surfaces such as gravel, landscaping rock, concrete, or other impervious materials.
k. To the extent that they are used as part of a landscape treatment for a parking lot, trash receptacles, bollards, walls or fences, planters, pots, light poles and fixtures, and tree guards and grates shall be coordinated in style, consistent in materials, and must be consistent with and related to the architectural style of the building(s) that are served by the parking lot. l. Parking lot planters shall be separated from maneuvering and parking areas by a six-inch raised concrete curb.
m. Tree planters along the front of parking stalls shall contain a minimum of twenty-four square feet and the smallest outside dimension shall not be less than four feet.
n. Landscape planters along the sides of parking stalls shall contain a minimum of sixty-four square feet, and the smallest outside dimension shall not be less than four feet.
o. Pedestrian walks shall be provided in landscape planters along the sides of parking stalls as shown below. They shall consist of a minimum twelve-inch paver stepping stones, or pavers shall be provided adjacent to the curb (including curb width).

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

472

b. All aisles, entrances and exits shall be clearly marked, with directional arrows painted on the parking surface and, if necessary, appropriately designed signage.
c. All compact parking stalls shall be individually labeled with the word “compact” painted on the parking surface of each such parking stall. d. All handicapped persons’ parking stalls shall be individually labeled and signed in accordance with the requirements as set forth in Part 2, Title 24 of the California Administrative Code.
e. Parking lot striping and markings shall be maintained in a condition such that they can easily be seen.

13. Maneuvering. With the exception of single-family residential districts, parking and maneuvering areas shall be arranged such that any vehicle entering a public right-of-way on a major or secondary street can do so traveling in a forward direction.

14. Overhang. Surface-area parking stalls may permit vehicle overhang of eighteen inches into a landscaped planter.

15. Parking Facility Design. Following are charts and diagrams in accordance with which all parking facilities shall be designed.
a. Parking Bay Widths. Each parking facility shall be designed with parking bay units. The size or width of this unit is dependent on one- or two-way traffic and single- or double-loaded aisles. The following Table 17.62.050-A and accompanying parking diagram shall be used to determine the sizes of parking stalls, aisles, and bay widths. When configuration of the property or the location of existing structures constricts the design of parking areas, the deciding body may make minor modifications of up to five percent in a limited number of the parking stalls, aisle width, and minimum landscape planter dimensions, provided that the applicant can demonstrate that the modification will not impair the function of the parking area. The additional cost of

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

473

improvements that meet the requirements of this chapter shall not be considered grounds to make minor modifications in the required dimensions.

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

474

Table 17.62.050-A
PARKING STALL DIMENSIONS (IN FEET)(1)
Type of Parking
Stall
Angle in
Degrees
Stall
Width

A(2)
Stall
Length

B(1)(2)
Stall
Depth

C(2)(3)
Curb
Length

D(2)
One-Way
Aisle
Width

E(2)
Two-Way
Aisle
Width

F(2)
One-Way
Parking
Bay Width
Double-
loaded
G(2)(3)
Two-Way
Parking
Bay Width
Double-
loaded
H(2)(3)
'Parallel 8.5 22.0 8.5 22.0 14.0 24.0 31.0 41.0
30 8.5 18.0 16.4 17.0 12.0 22.0 44.8 54.8
45 8.5 18.0 18.7 12.0 14.5 22.0 51.9 59.4
60 8.5 18.0 19.8 9.8 16.0 22.0 55.6 61.6
Universal

8.5' × 18
90 8.5 18.0 18.0 8.5 24.0 24.0 60.0 60.0

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

475

Table 17.62.050-A
PARKING STALL DIMENSIONS (IN FEET)(1)
Type of Parking
Stall
Angle in
Degrees
Stall
Width

A(2)
Stall
Length

B(1)(2)
Stall
Depth

C(2)(3)
Curb
Length

D(2)
One-Way
Aisle
Width

E(2)
Two-Way
Aisle
Width

F(2)
One-Way
Parking
Bay Width
Double-
loaded
G(2)(3)
Two-Way
Parking
Bay Width
Double-
loaded
H(2)(3)
'Parallel 9.0 21.0 8.0 21.0 13.0 22.0 29.0 38.0
30 8.0 16.0 14.9 16.0 12.0 22.0 41.8 51.8
45 8.0 16.0 17.0 11.3 14.0 22.0 48.0 56.0
60 8.0 16.0 17.9 9.2 16.0 22.0 51.8 57.8
Compact
8' × 16
90 8.0 16.0 16.0 8.0 22.0 22.0 54.0 54.0
Standard 'Parallel 9.0 23.0 9.0 23.0 14.0 24.0 32.0 42.0

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

476

Table 17.62.050-A
PARKING STALL DIMENSIONS (IN FEET)(1)
Type of Parking
Stall
Angle in
Degrees
Stall
Width

A(2)
Stall
Length

B(1)(2)
Stall
Depth

C(2)(3)
Curb
Length

D(2)
One-Way
Aisle
Width

E(2)
Two-Way
Aisle
Width

F(2)
One-Way
Parking
Bay Width
Double-
loaded
G(2)(3)
Two-Way
Parking
Bay Width
Double-
loaded
H(2)(3)
30 9.0 19.0 17.3 18.0 12.0 22.0 46.6 56.6
45 9.0 19.0 19.8 12.7 14.5 22.0 54.1 61.6
60 9.0 19.0 21.0 10.4 16.0 22.0 58.0 64.0
9' × 19
90 9.0 19.0 19.0 9.0 24.0 24.0 62.0 62.0
(1)An overhang of 1.5 feet at the head of the stall into a landscaped planter may be deleted from these requirements. (2)See attached Parking Diagram.
(3)May be reduced with an interlocking herringbone layout for angled parking.

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

477

b. Mechanical parking systems. Mechanical parking systems may be used for multi-family residential or for employee use in office, or institutional uses. Other uses may use mechanical parking systems subject to approval of the Community Development Director and may be required to provide on-site valet assistance at no fee to the user.

1. Mechanical parking systems shall be located within an enclosed parking facility. All lifts, platforms, and associated equipment shall be screened from public views.

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

478

parking system, operational details, schematic or technical drawings, regular and emergency maintenance schedule, procedures and backup systems, vehicle queuing, access and retrieval efficiency.

3. Mechanical parking systems shall not be used for accessible parking spaces, visitor parking, or loading spaces.

4. Additional information, reports and analysis may be required and conditions may be imposed to ensure the use, operation and function of the mechanical parking system is not detrimental to the public welfare, property, land uses, and users of the property, other properties, or the public right of way, I the general vicinity.

5. The Community Development Director shall have authority to adopt design standards to implement this section.

16. All development containing residential uses shall comply with Chapter 17.96.

B. Residential. The following design standards shall apply to the residential districts and developments.

1. Covered off-street parking stalls in a garage or carport designed for one car shall be a minimum of twelve feet in width and twenty feet in depth of unobstructed area provided for parking purposes, or if a tandem configuration shall be twelve feet in width and forty feet in depth. Two-car garages or carports shall be a minimum of twenty feet in width and twenty feet in depth of unobstructed area provided for parking purposes. The required minimum measurements may not include the exterior walls or supports of the structure.

2. All covered off-street parking shall be architecturally consistent with the main site structure(s) and meet all building setback requirements.

3. Driveways providing access to garages, carports and parking areas serving three or less dwelling units shall be a minimum of ten feet in width for one-way traffic, and twenty feet for two-way traffic.

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

479

4. Driveways providing access to garages, carports, and open parking stalls serving four or more dwelling units shall be a minimum of twelve feet in width for one-way traffic, and twenty-four feet for two-way traffic, except for double loaded aisles for compact parking stalls, which may be twenty-two feet in width.

5. Driveways or aisles serving multiple dwelling units with garages or carports on either or both sides shall be increased a minimum of five feet on one side only, thus providing a twenty-nine-foot wide accessway between garage or carport spaces for two-way traffic.

6. The off-street parking stalls required by this chapter shall not be subleased, sublet, or otherwise made available to residents of other properties.

7. All required covered off-street parking stalls shall be located conveniently accessible to the dwelling unit served by such parking stall.

8. All recreational vehicle parking and/or storage areas located within the front yard setback shall be paved with either asphaltic concrete, cement.

C. Commercial, Office, Industrial Uses. The following design standards shall apply to commercial, office, industrial uses.

1. Those areas designated for use by motorcycles shall measure four feet by eight feet. Such areas shall be clearly marked for motorcycle parking, sufficient to prevent automobile parking in the area.

2. Those areas designated for use by bicycles shall measure at least two feet by seven feet, shall be located in groups, and shall be equipped to allow for the locking of each bicycle. Bicycle spaces shall be located where access to such spaces is not hampered by physical barriers or parked vehicles.

3. Two-way access drives with no parking shall be a minimum of twenty-four feet. One-way access drives with no parking shall be a minimum of twelve feet.

17.62.060 Off-street parking requirements.

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

480

The following subsections list the required amount of off-street parking for each category of uses, special requirements, and optional requirements.

A. Residential.

1. Single-family dwellings (conventional), detached: two parking stalls per unit, at least two of which must be within a garage or carport;

2. Secondary residential units (“granny flats”): One off-street parking stall which may be uncovered or a part of the existing driveway serving the main residence;

In addition to the required number of covered off-street parking stalls for each unit, .25 off-street uncovered parking stalls shall be provided for each unit for visitor parking.
g. Guest/visitor Parking (Projects With Less Than Twenty-five Dwelling Units). In addition to the required number of covered.off-street parking stalls

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

481

for each unit, .3 off-street uncovered parking stalls shall be provided for each unit for visitor parking,
h. All guest parking spaces should be well-distributed throughout a project and be clearly marked by signing and pavement markings. Directional signs to guest parking should be posted starting at each driveway entrance to a complex. Signing should also be used at each guest parking area indicating the addresses of the closest buildings served by that area;

4. For developments containing five or more units, up to thirty percent of the required uncovered parking stalls may be compact car size;

5. Senior Citizens Rental Housing.
a. A housing development designed and maintained as rental housing for senior citizens (persons aged sixty years or older) will be permitted a reduction in the required number of resident off-street parking stalls down to a ratio of .5 off-street parking stalls per bedroom.
b. Guest parking shall be provided at a ratio of .5 off-street parking stalls per unit.

B. Commercial/Nonresidential Uses. The following requirements will generally apply for all commercial/nonresidential uses in the city:

1. a. Commercial and Service Uses. One off-street parking stall for each two hundred fifty square feet of gross floor area for all buildings and/or uses in the center;
b. General Office Uses. One off-street parking stall for each two hundred fifty square feet of gross floor area.

Whenever delineation of specific uses is required, the following standards shall apply:
c. Automobile Washing and Cleaning Establishments, Except Self-Service.

Two and one-half parking stalls per washing bay;

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

482

d. Self-service Automobile Washer. Two parking stalls for each washing stall;
e. Automobile Service and Gas Station. Three parking stalls plus two parking stalls for each service bay;
f. Barbershops or Beauty Parlors. One and one-half parking stalls for each barber chair or beautician station and one parking stall per employee; g. Buildings Used Solely for Coin-operated Laundromats or Dry Cleaning Establishments. One parking stall for each three washing machines, or three plus one parking stalls for each five hundred square feet over one thousand square feet of gross floor area;
h. Commercial Banks, Savings and Loan Offices, and Other Financial Institutions. One parking stall for each three hundred thirty square feet of gross floor area;
i. Contractor’s Storage Yards in Connection With Contractor’s Business; Junkyard, Automobile Wrecking Yard; Storage Yard. Six parking stalls separated from the enclosed storage area;
j. Lumber and General Building Materials Yards. One parking stall for each three hundred square feet of gross floor area for retail sales, plus one parking stall for each one thousand square feet of open area devoted to display (partially covered, by roof, awning, etc.) or sales;
k. Mortuaries and Funeral Homes. One parking stall for every forty-five square feet or fraction thereof of assembly room or gross floor area, plus one parking stall for each vehicle used in the operation of the funeral home or mortuary;
l. Motels and Hotels. One parking stall for each guest unit and two parking stalls for resident manager or owner;

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

483

m. Motor Vehicle Sales and Automotive Repair, Painting, Body Work or Service. Minimum of five parking stalls, plus one parking stall per four hundred square feet of gross floor area;
n. Stores Solely for the Sale of Furniture and Appliances. One parking stall for each five hundred square feet of gross floor area;
o. General Retail Stores, Food Stores, Supermarkets, Drugstores. One parking stall for each two hundred fifty square feet of gross floor area.

2. Commercial Recreation Uses.
a. Bowling Establishments and/or Billiard Halls. Five parking stalls for each lane and/or two parking stalls for each billiard table and one parking stall for each two hundred fifty square feet of gross floor area containing amusement games or devices, plus one locking bicycle facility per two amusement games or devices. All bicycle facilities shall be located clear of public walkways and convenient to the main entrance of the use;
b. Driving Ranges (Golf). One parking stall per tee, plus the parking stalls required for additional uses on the site, and one parking stall per employee; c. “Pitch and Putt” and Miniature Golf Courses. Three parking stalls per hole, plus the parking stalls required for accessory uses, and one parking stall per employee;
d. Skating Rinks, Ice or Roller. One parking stall for each one hundred square feet of gross floor area, plus the parking stalls required for additional uses on the site, and one parking stall per employee;
e. Swimming Pool (Commercial). One parking stall for each one hundred square feet of water surface, plus one parking stall for each employee, but not less than ten parking stalls for any such use;
f. Tennis, Handball and Racquetball Facilities. Three parking stalls for each court, plus the parking stalls required for additional uses on the site, and one parking stall per employee;

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

484

g. Amusement Arcades. One parking stall for each two hundred fifty square feet of gross floor area, plus one locking bicycle facility per two amusement games or devices, with a minimum of ten locking bicycle facilities. All bicycle facilities shall be located clear of public walkways and within fifty feet of the main entrance.

3. Educational Uses.
a. Elementary and Junior High Schools. One parking stall for each employee (excluding auditoriums and stadiums which must be parked according to subsection B6c of this section);
b. Senior High Schools. One parking stall for each member of the faculty and each employee, plus one parking stall for each six students regularly enrolled (excluding auditoriums and stadiums which must be parked according to subsection B6c of this section);
c. Colleges, Universities and Institutions of Higher Learning, Parochial and Private. One parking stall for each three students, plus one parking stall for each two members of the faculty and employees (excluding auditoriums and stadiums which must be parked according to subsection B6c of this section); d. Trade Schools, Business Colleges and Commercial Schools. One parking stall for each two student seating or study areas in each classroom, plus one parking stall for each faculty member or employee (excluding auditoriums and stadiums which must be additionally parked according to subsection B6c of this section).

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

485

c. Health Studios and Spas. One parking stall for each two hundred thirty square feet of gross floor area and one parking stall per employee. (For the purpose of this subsection, swimming pool area shall be counted as floor area).

5. Industrial, Wholesale, Manufacturing and Like Uses. a. Heavy manufacturing and processing factories or plants. One parking stall for each employee on the largest shift or one parking stall for each five hundred square feet of gross floor area, whichever is greater; b. Light Manufacturing, Warehouse, Wholesale and Assembly Plants. One parking stall for each employee on the largest shift, or one parking stall for each five hundred square feet of gross floor area, whichever is greater; c. Research and Development Facilities. One parking stall for each three hundred square feet of gross floor area;
d. Unspecified Use Buildings. One parking stall for each three hundred square feet of gross floor area;
e. Public Utility Facilities, Including, But Not Limited to Electric, Gas, Water, Telephone and Telegraph Facilities Not Having Business Offices on the Premises. One parking stall for each employee on the largest shift, plus one parking stall for each vehicle used in connection with the use. A minimum of ten parking stalls shall be provided for each such use, regardless of building space or number of employees.
f. Biopharmaceutical campus developments consisting of office buildings, research and development buildings, laboratory buildings/facilities, and supporting ancillary facilities that are developed and continue to meet the below criteria may be allowed to use a reduced parking ratio for laboratory buildings. The actual parking ratio to be used for laboratory buildings, including ancillary office space and related support space within laboratory buildings used by laboratory scientists and staff, throughout the campus shall be established by the city at the time the general development plan (or an

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

486

amendment to the general development plan) for the biopharmaceutical campus is approved by the city council. All of the laboratory buildings within the campus shall be subject to the requirements of subsection (D)(1) of this section, with the exception of subsection (D)(1)(c) of this section. The following criteria apply:
i. The entire land area encompassing the biopharmaceutical campus shall be owned or leased and occupied by one biopharmaceutical company, unless the city, in its sole discretion and based on the factors set forth in subsection (B)(5)(f)(vi) of this section, approves the lease or sale of a portion of the biopharmaceutical campus to another entity or entities.
ii. The biopharmaceutical campus shall consist of a minimum of thirty acres, contiguous or across the street.
iii. The biopharmaceutical campus shall contain sufficient land area so that at build-out it can support all required parking in either at-grade parking lots or within parking structures.
iv. Once approved by the city as a part of the initial use permit, the use(s) housed within buildings in the biopharmaceutical campus shall not be changed without the prior review, evaluation of parking available to serve the changed use(s), and approval by the city.
v. If the city allows a parking ratio for laboratory buildings within a biopharmaceutical campus that is less stringent than would be required for the same type of buildings not located within the subject biopharmaceutical campus, such parking ratio shall be recorded with the San Mateo County recorder’s office along with the general development plan approved by the city. The recorded document shall make clear that the reduced parking ratio applies to laboratory buildings in the subject biopharmaceutical campus only and that if removed from the bio- pharmaceutical campus or if title is transferred to another entity, at the discretion of the city, the laboratory buildings may be subject to the

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

487

parking requirements then in effect for similar buildings in the city that are not located within the subject biopharmaceutical campus. The documents shall be recorded with the San Mateo County recorder’s office such that this information shall be easily detected and routinely included in a standard preliminary title report.
vi. No proposed sale or lease of any portion of the biopharmaceutical campus shall close escrow or otherwise be finalized without the prior review and approval of the city, which shall limit its review and approval to the impact of the proposed sale or lease on the ability of the existing and new occupants to meet their off-street parking requirements, both individually and in the aggregate. Any purchase and sale agreement or lease with respect to any portion of the biopharmaceutical campus shall be conditioned upon such city approval; shall specifically identify all land use approvals for the biopharmaceutical campus, including, without limitation, any environmental impact report, mitigation monitoring plan, general development plan, specific development plan or other approval applicable to the biopharmaceutical campus; and shall include an express obligation on the part of the transferee or lessee to abide by all conditions and requirements set forth in such existing land use approvals, including, without limitation, the conditions set forth in any environmental impact report, mitigation monitoring plan, general development plan, specific development plan or other approval applicable to the biopharmaceutical campus.

6. Places of Assembly.
a. Restaurants, Taverns, Lounges and Other Establishments for the Sale and Consumption on the Premises of Food and Beverages. One parking stall for every forty square feet of public accommodation area, plus one stall per two hundred fifty square feet of remaining area, or one stall per employee, whichever is greater;
b. Fast-food Restaurants (With or Without Drive-through). One parking stall for each seventy-five square feet of gross floor area, with a minimum

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

488

requirement of ten parking stalls, plus a minimum requirement of ten locking bicycle facilities. All bicycle facilities shall be located clear of public walkways and convenient to the main entrance of the use;
c. Auditoriums, Sports Arenas, Stadiums. One parking stall for each three seats, or one parking stall for each thirty-five square feet of gross floor area where there are no fixed seats;
d. Theaters, Movies.
i. Single Screen. One parking stall per three seats, plus one parking stall per employee,
ii. Multi-screen. One parking stall per three seats, plus one parking stall per employee;
e. Libraries. One parking stall for each four hundred square feet of gross floor area;
f. Private Clubs, Residential Recreation Buildings, Lodge Halls, Union Headquarters (No Sleeping Facilities). One parking stall for each seventy-five square feet of gross floor area, or one parking stall for each five fixed seats, whichever is greater;
g. Churches and Other Places of Assembly Not Specified Above. One parking stall for each four fixed seats within the main auditorium, or one parking stall for each thirty-five square feet of seating area within the main auditorium where there are no fixed seats; eighteen linear inches of bench shall be considered a fixed seat.

7. Other Uses.
a. Day Nurseries, Including Preschools and Nursery Schools. One parking stall for each staff member, plus one parking stall for each five children.

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

489

8. Unlisted Uses. For uses not specifically listed the public works and community development department shall recommend off-street parking requirements subject to planning commission review and approval.

C. Special Requirements. The following parking requirements are applicable to all uses. Special parking stalls (handicapped, motorcycle, bicycle) shall be closest to the facility for which they are designated in order to encourage their use.

1. Handicapped. The required number of parking spaces for the physically handicapped shall be as set forth in Part 2, Title 24 of the California Administrative Code and Division 11, Chapter 9 of the California State Vehicle Code.

2. Motorcycle. Parking facilities with twenty-five or more parking stalls shall provide at least one parking stall as a designated parking area for use by motorcycles. Parking facilities with over one hundred parking stalls shall provide motorcycle parking at the rate of one percent of the total number of parking stalls provided. Areas delineated for use by motorcycles shall meet standards set forth in subsection C1 of Section 17.62.050.

3. Bicycle parking.
a. Bicycle parking shall be provided, at a minimum, in an amount equal to:

BUILDING USE SHORT-TERM BICYCLE

PARKING

REQUIREMENTS

LONG-TERM BICYCLE

PARKING

REQUIREMENTS
Residential with private
garage for each unit
One (1) parking space per
ten (10) units for
developments of ten (10)
or more units
None
All other residential One (1) parking space per
ten (10) units for
1 per unit

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

490

BUILDING USE SHORT-TERM BICYCLE

PARKING

REQUIREMENTS

LONG-TERM BICYCLE

PARKING

REQUIREMENTS
developments of ten (10)
or more units
Retail and recreation 1 space per 3,000 square
feet of building area within
50 feet of primary building
entrance
1 space per 10,000 square
feet of building area
Office, R&D, and Other
Nonresidential uses
1 space per 8,000 square
feet of building area within
75 feet of primary building
entrance
1 space per 10,000 square
feet of building area
b. The long-term bicycle parking requirement may be reduced by up to fifty percent (50%) with a Transportation Demand Management (TDM) program that includes bicycle sharing, subject to approval of the Community Development Director.

4. Stall Sizes. All new parking facilities shall consist of the universal parking stall size or larger, with up to five percent compact stalls allowed where necessary to accommodate existing curves, obstructions, or other site or lot configuration problems. For unusual circumstances, including but not limited to existing utility installations, lot shape or dimensions, commercial non-residential facilities with ten or more parking stalls may provide up to thirty percent of their parking for use by compact cars, if determined necessary by the community development director.

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

491

5. Drive-through Facilities. Drive-through facilities require special consideration as their design can significantly impact the vehicular circulation on a site. The following requirements apply to any use with drive-through facilities. a. Each drive-through lane shall be separated from the circulation routes necessary for ingress or egress from the property, or access to any parking stall.
b. Each drive-through lane shall be striped, marked, or otherwise distinctly delineated.
c. The vehicle-stacking capacity of the drive-through facility and the design and location of the ordering and pickup facilities will be determined by the city, based on appropriate traffic engineering and planning data. The applicant shall submit to the city a traffic study addressing the following issues:
i. Nature of the product or service being offered;
ii. Method by which the order is processed;
iii. Time required to serve a typical customer;
iv. Arrival rate of customers;
v. Peak demand hour;
vi. Anticipated vehicular stacking required.

6. Signs, Markings. Spaces provided for the specific uses as listed above shall be clearly designated through signs, colored lines, etc., all of which must be approved by the city.

D. Optional Provisions. The following may be provided at the option of the developer when applicable to commercial, residential or office off-street parking uses, subject to city approval:

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

492

1. Shared Parking Facilities. The city, through the use permit procedure, may allow the parking requirements of this chapter to be satisfied by the sharing of parking stalls by more than one use, provided:
a. The proposal is in the best interests of the city and does not inhibit the implementation of other city ordinances, policies or plans; and b. The applicant is able to show that peak hours of use will not overlap or coincide to the degree that peak demand for parking stalls from all uses is greater than the total supply of parking stalls; and
c. The shared parking facility is within three hundred feet of the principal entrance containing the use(s) for which the parking is required; and d. A written agreement between landowner(s) and the city, satisfactory in form and content to the city attorney, is approved by the city. This agreement concerning use and access to parking stalls shall be in the form capable of and subject to being recorded to constitute a covenant running with the land.

The agreement shall include:
i. A guarantee that there will be no substantial change in the uses that will create a greater demand for parking,
ii. A guarantee among the landowners for access to and use of the shared parking facilities,
iii. A provision that the city may require parking facilities in addition to those originally approved upon finding by the city council that adequate parking to serve the use(s) has not been provided, and
iv. A provision stating that the city may, with due cause, notice and hearing, unilaterally modify, amend or terminate the agreement at any time.

2. Off-Site Parking Facilities. The city may allow the parking requirements of this chapter to be satisfied through the provision of off-site parking facilities.

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

493

a. The proposal is in the best interests of the city and does not inhibit the implementation of other city ordinances, policies or plans; b. The off-site parking facility is within three hundred feet of the principal entrance(s) containing the use(s) for which the parking is required or the off- site parking facility containing the use(s) for which the parking is required is served by a shuttle bus system the operations of which are approved by the City and guaranteed by an agreement which is subject to the provisions of subsection “d” below;
c. Off-site parking facilities may be shared by more than one use by meeting the shared parking requirements;
d. A written agreement between landowner(s) and the city satisfactory in form and content to the city attorney is approved by the city. This agreement concerning use and access to parking stalls shall be in a form capable of and subject to being recorded to constitute a covenant running with the land. The agreement shall include:
i. A guarantee that there will be no substantial change in the uses that will create a greater demand for parking.
ii. A guarantee among the landowners for access to and use of the shared parking facilities for the period of time that the off-site parking facilities are needed in order to serve the subject uses. iii. A provision that the city may require parking facilities in addition to those originally approved upon the making of a finding by the city council that adequate parking to serve the use(s) has not been provided or has not been maintained, and
iv. A provision stating that the city may, with due cause, notice and hearing, unilaterally modify, amend or terminate the agreement at any time.

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

494

3. Transportation Systems Management Plans. Off-street parking facilities and/or the number of required off-street parking stalls may be decreased up to a maximum of fifteen percent, subject to the approval of the city planning commission, based upon a detailed transportation systems management plan supplied by the applicant which may include, but is not limited to, provisions for assisting employees to use public transit, carpooling, vanpooling, preferential parking arrangements, charter buses, club buses, employer’s contribution to bus service costs, staggered or variable work hours. Plans which employ the use of mass transit as a means of reducing the demand for employee and customer parking shall provide loading/unloading areas and facilities within a reasonable walking distance to and from the site and buildings for which they are provided. In evaluating the request, the city shall consider, among other factors:
a. Projected effectiveness of carpool, vanpool, staggered work hours or similar transportation programs;
b. Proximity to public transportation facilities serving a significant portion of employees and/or customers;
c. Evidence that employees and/or customers utilize, on a regular basis, transportation alternatives to the automobile.
d. Where transportation systems management techniques are employed and plans approved which reduce the number of required off-street parking stalls for a development, employment site, commercial or office complex, a written agreement between the landowner(s) and the city must be approved.

Such written agreement must be satisfactory in form and content to the city attorney, and is subject to planning commission and city council approval. This agreement shall be in a form capable of and subject to being recorded to constitute a covenant running with the land. The agreement shall include:
i. A provision to identify that the position of transportation coordinator is created by the agreement, whose purpose is to insure that the transportation systems management plan is successful. The city will be

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

495

kept informed regarding who the transportation coordinator is and how he/she may be contacted;
ii. A guarantee that the transportation systems management techniques will not be diminished, suspended, eliminated or in any way be operated at a lower level of effort on the part of the parties identified as responsible for the implementation of these techniques in the transportation systems management plan without prior city approval;
iii. Provision for an annual report to the city reviewing the past year’s efforts to encourage employees and customers to use transportation systems management techniques, and an accounting of the number of employees and customers actually and regularly employing the techniques to and from the site. Such report will also update that section of the plan outlining efforts to increase employee and customer participation in the transportation systems management program during the coming year;
iv. A provision that the city, acting with due cause, notice, and at a public hearing, may unilaterally amend or terminate the agreement at any time, thereby requiring the landowner to construct an adequate amount of off-street parking that meets the requirements of the existing parking ordinance at the time the project was constructed.

4. Credit for Bicycle and Motorcycle Parking in Commercial and Industrial Districts. Where bicycle spaces or motorcycle spaces are provided for uses in commercial and industrial districts in excess of the amount of bicycle and/or motorcycle parking otherwise required, parking stalls otherwise required pursuant to this chapter may be omitted in accordance with the following provisions and subject to the following limitations:
a. One parking stall may be omitted for each eight bicycle spaces provided (see Sections 17.62.050 C2 and 17.62.060 C3 for requirements); b. One parking stall may be omitted for each two motorcycle spaces provided (see Sections 17.62.050 C1 and 17.62.060 C2 for requirements);

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

496

c. In no instance shall credit for motorcycle or bicycle parking or combination thereof exceed five percent of the total required parking stalls.

5. Parking In-lieu Fees. The city may allow the parking requirements of this chapter to be satisfied through the payment of parking in-lieu fees. a. In commercial, service and office districts where it can be demonstrated that the reasonable and practical development of property precludes the provision of required off-street parking, the city council, upon recommendation of the planning commission, may permit the off-street parking requirements for the use to be satisfied by the payment to the city of a sum equivalent to the estimated, normal, current cost of providing required off-street parking to serve the contemplated use. Any off-street parking satisfied in this manner shall run with the land, and any subsequent change of use which requires more parking shall require subsequent action to satisfy the additional parking requirement. No refund of such payments shall be made when there is a change to a use requiring less parking. Such payment shall be made to the city in one lump sum prior to the issuance of a building permit and/or business license.
b. The amount of payment for each required parking space shall be fixed by resolution adopted from time to time by the city council. Funds derived from such payments shall be deposited by the city in a special fund, and shall be used and expended exclusively for the purpose of planning, designing, acquiring and developing off-street parking facilities located, insofar as practical, in the general vicinity of the property for which the in-lieu payments were made.

17.62.070 Basic regulations for off-street loading and unloading spaces.

A. Unless waived or modified by the planning commission, every use shall have permanently maintained off-street loading and unloading spaces, as follows. Such off- street loading and unloading spaces shall be exclusive of driveways, setbacks and public rights-of-way, and shall be designed so that parking maneuvers for loading or unloading shall not interfere with traffic on collector or thoroughfare streets, or emergency vehicle accessways.

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

497

B. Off-street loading and unloading spaces shall be provided subject to the provisions of this chapter for:

1. Any new commercial/office, service, industrial or wholesale building constructed;

2. Any new commercial/office, service, industrial or wholesale use established;

3. Any addition or enlargement of an existing commercial/office, service, industrial or wholesale building or use;

4. Any change in occupancy of any commercial/office service, industrial or wholesale building, or the manner in which any use is conducted that would result in additional loading/unloading spaces being required.

5. Any new residential building containing 100 or more dwelling units.

C. All required off-street loading/unloading spaces shall be located on the site of the building or uses that they are constructed to serve, shall be clearly marked as loading/unloading spaces only, and shall not interface with site access or emergency vehicle access.

D. All off-street loading/unloading spaces and areas shall be designed, landscaped and maintained in a manner such that they are fully integrated with the design and landscape of any required off-street parking, unless such loading/unloading spaces are located away from off-street parking areas and out of the public view. Off-street loading/unloading spaces located away from off-street parking and out of the public view shall be regularly maintained and kept free of trash and litter.

E. Required off-street loading/unloading spaces shall not be used to satisfy required off-street parking.

F. No motor vehicle repair work or service of any kind shall be permitted in areas designated for loading and unloading purposes.

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

498

G. All loading shall take place on the site where the delivery is to be made, and freight-handling doors and facilities shall be oriented to legal off-street loading spaces, not to street or curb parking.

H. Freight-handling docks shall be so located as to permit free use of aisles, driveways, and sidewalks during freight loading/unloading operations.

I. Whenever the computation of the number of off-street loading/unloading spaces required by this section results in a fractional space, one additional space shall be required for one-half or more fractional space, and any fractional space less than one- half of a space shall not be counted.

J. All required off-street loading/unloading spaces shall be provided prior to the issuance of a certificate of occupancy.

K. All required off-street loading/unloading spaces shall be posted as an enforced “tow-away” zone for vehicles violating this section. Signs posting the area as a tow- away zone shall be designed in conformance with Division 11, Chapter 10 of the California State Vehicle Code.

L. The public works and community development department shall recommend off- street loading/unloading space requirements for any land use not mentioned in this chapter, subject to planning commission review and approval.

17.62.080 Design standards.

A. The required size of an off-street loading/unloading space shall be a minimum of twelve feet wide by thirty-five feet long, with a minimum of fourteen feet in vertical clearance, except that an off-street loading/unloading space for a residential use may be ten feet in width and 30 feet in length with a minimum of fourteen feet in vertical clearance.

B. No off-street loading/unloading space shall be located within twenty-five feet of a property in the R-1 or R-1/PD district.

17.62.090 Loading/unloading space requirements.

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

499

A. Commercial/Office/Service Uses. All freestanding (i.e., not located in a shopping center) commercial, office or service uses shall provide a minimum of one loading/unloading space. Freestanding commercial, office or service uses greater than five thousand square feet of gross leasable area shall provide loading/unloading space at a ratio of one space per fifty thousand square feet of gross leasable area, up to a maximum of five spaces.

B. Shopping Centers.

1. Within shopping centers, all commercial, office or service uses containing greater than five thousand square feet of gross leasable area shall provide a minimum of one loading/unloading space. Loading/unloading space shall be provided at a ratio of one space per fifty thousand square feet of gross leasable area.

2. Within shopping centers, all commercial, office or service uses containing less than five thousand square feet of gross leasable area may share the loading/unloading spaces of other commercial, office or service uses within the shopping center, provided that:
a. An agreement for shared use of loading/ unloading space is entered into by the space-sharing uses and the shopping center owner (or representative); b. The shared loading/unloading space is within a reasonable distance of each user sharing the space;
c. Each user sharing a loading/unloading space is allocated a specific weekly time period when the space is reserved for that user only.

C. Industrial, Wholesale, Manufacturing and Like Uses. All industrial, wholesale, manufacturing and like uses shall provide a minimum of one loading/unloading space.

In addition, all industrial, wholesale, manufacturing and like uses containing greater than ten thousand square feet of gross leasable area shall provide one loading/unloading space at a ratio of one space per ten thousand square foot of gross leasable area, up to a maximum of five loading/unloading spaces. Thereafter, one loading space per fifty thousand square feet of gross leasable area shall be required.

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

500

D. Residential Use of 100 or more Dwelling Units Per Building. All residential buildings containing 100 or more dwelling units shall provide one loading/unloading space.

17.62.095 Passenger drop-off zone requirements.

A. A minimum of one passenger drop-off zone shall be provided for the following:

1. Any new commercial, hotel, or office building constructed of 40,000 square feet or larger;

2. Any change in occupancy of any commercial or office building or the manner in which any use is conducted that would result in additional occupancy limits.

3. Any new residential building containing 50 or more dwelling units.

17.62.100 Relief from the provisions of this chapter.

A. Parking Variance. With the exception of projects located in a planned development (PD) district, an applicant may apply to the planning commission for a variance from the off-street parking and/or loading space requirements in order to be relieved of providing the usual off-street parking and/or loading spaces required of a particular land use or set of land uses.

B. In reaching its decision, the planning commission shall require a review of the total off-street parking and/ or loading space needs of the proposed project, and an analysis of the request for a variance from such usual requirements. This analysis shall be conducted by a qualified traffic-engineering firm paid by the applicant and selected by the city, and shall include information regarding:

1. Justification for the variance;

2. Potential impacts caused by the requested variance (on-site and in the surrounding area);

3. Required mitigation (if necessary).

C. In reaching its decision, the planning commission shall be free to consider any other information it deems necessary and appropriate.

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

501

D. An application for a variance shall be filed with the planning division in a form prescribed by the city.

E. The planning commission shall hold a public hearing on each application for a variance.

F. Before granting a variance, the planning commission shall make the following findings that the circumstances prescribed below do apply:

1. That strict or literal interpretation and enforcement of the specified regulations would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this code;

2. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same zone;

3. That strict or literal interpretation and enforcement of the specified regulations would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone;

4. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone;

5. That the granting of the variance will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity.

G. Notwithstanding the above-mentioned required findings for a variance from the provisions of this chapter, a variance may be granted from the provisions of this chapter in order that some or all of the required off-street parking stalls be located off-site, including locations in other local jurisdictions, or that in-lieu fees or facilities be provided instead of the required parking stalls, if both the following conditions are met:

1. The variance will be an incentive to, and a benefit for, the nonresidential development;

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

502

2. The variance will facilitate access to the nonresidential development by patrons of public transit facilities, particularly guideway facilities.

H. Within a planned development (PD) district, deviation from the provisions of the off- street parking or loading/unloading requirements contained in this chapter will be considered subject to the provisions of Section 17.36.060 of this title.”

7.1 Attachment 2 - City Council Ordinance for Title 17 Zoning and Exhibits A-K

503

EXHIBIT A
The following sections of Chapter 17.04 Definitions are hereby added for existing definitions, the following sections shall be repealed and replaced in their entirety to read as follows:

17.04.XXX Articulated roof form.

“Articulated roof form” means either a gable roof, or a flat/parapet roof accompanied by a change in height. Articulated roof forms shall be:

17.04.XXX Articulation, horizontal.

“Horizontal articulation” means changes in massing or architectural details that occur in the horizontal direction (i.e., when moving left or right along a building frontage).

17.04.XXX Articulation, vertical.

“Vertical articulation” means changes in massing or architectural details that occur in the vertical direction (i.e., when moving up or down a building frontage).

17.04.XXX Bicycle parking, long-term (Class I).

“Bicycle parking, long-term (Class I)” means secured bicycle storage intended for long- term use, including bicycle lockers, storage rooms, or cages where each bicycle can be individually locked.

17.04.XXX Bicycle parking, short-term (Class II).

“Bicycle parking, short-term (Class II)” means bicycle parking intended for short-term use, including sidewalk bicycle racks, metered bicycle rings, and on-street corrals.

17.04.XXX Durable exterior materials.

“Durable exterior materials” means materials suited for long-term outdoor use in a non- submerged marine environment with long-term resistance to ultraviolet radiation. Durable exterior materials shall be limited to:

A. Redwood
B. Cedar
C. Teak
D. UV stable mineral-composite high-density polyethylene or polyvinyl composite woods.

7.1 Attachment 3 - Redline of Exhibits A through K

504

E. Hard anodized 5052 or 5083 Aluminum alloys
F. 316L Stainless Steel Alloy
G. Other metals with either Thermoplastic powder coatings or Fluoropolymer powder coatings.

17.04.XXX Facade.

“Façade” means the exterior face of a building wall.

17.04.240 XXX Height of building.
“Height of building” means the vertical distance from the average level of the highest and lowest points of that portion of the lot covered by the building to the highest point of a flat roof or parapet for a building with a flat roof; the average height of a sloped roof; and is exclusive of accessory components such as but not limited to, mechanical penthouse, tower structures, chimneys, and mechanical equipment screens.

17.04.XXX_ Mechanical parking systems.

7.1 Attachment 3 - Redline of Exhibits A through K

505

“Mechanical parking systems” means a device, including an elevating device such as a vertical lift or automated vehicle storage system, that allows for the provision of parking in a compact form.

17.04.XXX Mixed use.
“Mixed use” means a zone district that has the potential for several types of land use or combinations of different land uses within a single development.

17.04.XXX Multifamily.

“Multifamily” means any structure designed for human habitation that is divided into two or more independent living quarters, not including accessory dwelling units.

17.04.XXX_Multistory parking facilities.
“Multistory parking facilities” means a structure consisting of more than one floor used for the temporary storage of motorized vehicles.

17.04.400 XXX Open green area.
“Open green area” means the area of a lot which is not occupied by building coverage, parking lot or driveway and in residential or mixed use developments includes common open green area and/or private green open area.

17.04.XXX Pedestrian-scaled lighting.

“Pedestrian-scaled lighting” means a light source not more than fifteen feet above grade that is directed towards a pedestrian walkway, such as a bollard light, pole light, or street lamp.

17.04.XXX Stepback.

“Stepback” means any portion of the upper floor or floors that is horizontally recessed from the main wall of a frontage.

7.1 Attachment 3 - Redline of Exhibits A through K

506

17.04.XXX Turf, synthetic
“Synthetic turf means a surface of synthetic fibers made to look like natural grass.

All other existing sections in Chapter 17.04 not specifically identified herein shall remain unchanged. Any existing sections shall be renumbered as necessary.

7.1 Attachment 3 - Redline of Exhibits A through K

507

The following area, bulk, yard and height regulations shall apply in the R-1 district, except as modified by Chapter 17.54, Yards:

Minimum Building
Site Required
Maximum
Density
Permitted
Minimum Lot
Area Per
Dwelling Unit
Minimum Yards
Required
Maximum Height
Permitted
Maximum
Coverage
Permitted
Minimum
Width
(ft.)
Minimum
Area
(sq. ft.)
(sq. ftunits per
acre.)
Front
(ft.)
Side
(ft.)
Rear
(ft.)
Stories Ft. (%)
40 5,000 5,0008 20 5 20 2 25 50
”
All other existing sections in Chapter 17.12 not specifically identified herein shall remain unchanged.

7.1 Attachment 3 - Redline of Exhibits A through K

508

The specific regulations set forth in this chapter shall apply in all R-2 districts.

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.

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.

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
Maximum
Density
Permitted
Minimum Lot
Area per
Dwelling Unit
Minimum Yards Required
Maximum
Height
Permitted
Maximum
Coverage
Permitted
Minimum
Width
(ft.)
Minimum
Area
(sq. ft.)
(sq. ft.)units per
acre
Front
(ft.)
Side
(ft.)
Rear
(ft.)
Stories Ft. (%)
40 5,000 3,35013 20 5 20 2 25 50

7.1 Attachment 3 - Redline of Exhibits A through K

509

17.14.050 Parking.

Parking shall be provided in accordance with Chapter 17.62.

17.14.060 Design Standards.

All development shall comply with Chapter 17.96.”

7.1 Attachment 3 - Redline of Exhibits A through K

510

The specific regulations set forth in this chapter shall apply in all R-T districts.

17.16.020 Permitted uses.

The following uses shall be permitted in the R-T district:

1. A minimum road width of twenty-four feet shall be maintained where no driveway access occurs, and width of twenty-eight feet shall be minimum where driveways or parking bays occur;

2. In addition to normally required parking, at least two-thirds of a space for guest parking shall be provided for each unit within the development. Guest spaces shall be reasonably accessible to all units;
F. Common recreation facilities including but not limited to community buildings, swimming pools, activity court and the like. A minimum of ten percent of the development shall be devoted to active recreational activity;

7.1 Attachment 3 - Redline of Exhibits A through K

511

G. Community care facilities including family day care homes, day care centers, residential care facilities, transitional housing and supportive housing as defined by Sections 17.04.135, 17.04.149, 17.04.215, 17.04.459, 17.04.544 and 17.04.547; H. Accessory dwelling units in compliance with Chapter 17.78.

17.16.030 Conditional uses.

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

17.16.040 Development regulations.

Due to the unique character of townhouse development and the required common area and recreation areas, a use permit shall be required for each separate development. The R-T zone shall be developed only in conjunction with the PD combining district zone and processed in the method prescribed therein. The standards development generally used are those set forth in the Hahn-Wise report “Townhouse and Apartment Development in Foster City.”

17.16.045 Area, bulk, yard and height regulations.

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

Minimum
Building Site
Maximum
Density
Permitted
Minimum Yards
Required
Maximum Height
Permitted
Maximum
Coverage
Permitted
Minimum
Open Green
Area
Minimum
Width (ft.)
(units per
acre
Front
(ft.)
Side
(ft.)
Rear
(ft.)
Stories Ft. (%)
(%)
20 15 5 0/101 0/101 3 38 50 30
1Side and rear setbacks of 10 feet are required where adjacent to properties zoned R-1 or R- 1/PD.

17.16.050 Parking.

7.1 Attachment 3 - Redline of Exhibits A through K

512

Parking shall be provided in accordance with Chapter 17.62.

17.16.060 Design Standards.

All development shall comply with Chapter 17.96.”

7.1 Attachment 3 - Redline of Exhibits A through K

513

EXHIBIT F
Amendments to Chapter 17.18, R-3 MEDIUM DENSITY MULTIPLE-FAMILY RESIDENCE

DISTRICT
Chapter 17.18 is hereby amended to be repealed and replaced in its entirety to read as follows:
“17.18.010 Regulations generally.

The specific regulations set forth in this chapter shall apply in all R-3 districts.

17.18.020 Permitted uses.

The following uses shall be permitted in the R-3 districts:

A. Multiple-family dwellings.

B. Accessory uses which are related to multiple-family dwellings.

C. Home occupations as defined in Section 17.04.250.

E. Accessory dwelling units in compliance with Chapter 17.78.

17.18.030 Conditional uses.

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

Those uses permitted in any R-1 or R-2 districts with a conditional use permit and as regulated therein.

17.18.040 Area, bulk, yard and height regulations.

The following area, bulk, yard and height regulations shall apply in the R-3 districts:

7.1 Attachment 3 - Redline of Exhibits A through K

514

Minimum
Building Site
Minimum Yards
Required
Maximum
Height
Permitted
Maximum
Coverage
Permitted
Minimum
Open
Green
Area
Required
Average
Width
(ft.)
Minimum
Area
(sq. ft.)
Minimum
Lot Area Per
Dwelling
Unit
(sq.
ft.)Density
Permitted
(units per
acre)
Maximum
Lot Area
Per
Dwelling
Unit
(sq.
ft.)Density
Permitted
(units per
acre)
Front
(ft.)
Side
(ft.)
Rear
(ft.)
Stories Ft. (%) (%)
200150 20,000
15,000
1,24415/201 2,178/2,90
4135
2010 510 20/1
0 3 38 50 4730
1 Maximum lot sizeMinimum density shall depend upon the general plan land use designation. For condominium residential, the permitted density range is 15-35 units per acre. For apartment residential, the permitted density range is 20-35 units per acremaximum lot size shall be 2,904. For apartment residential, maximum lot size shall be 2,178.

17.18.050 Parking.

Parking shall be provided in accordance with Chapter 17.62.

Parking on the first level, not to exceed four feet above finished grade, shall not constitute a story.

17.18.060 Design Standards.

All development shall comply with Chapter 17.96.”

7.1 Attachment 3 - Redline of Exhibits A through K

515

EXHIBIT G
Amendments to Chapter 17.20, R-4 HIGH DENSITY MULTIPLE-FAMILY RESIDENCE

DISTRICT
Chapter 17.20 is hereby amended to be repealed and replaced in its entirety to read as follows:
“17.20.010 Regulation generally.

The specific regulations set forth in this chapter shall apply in all R-4 districts.

17.20.020 Permitted uses.

The following uses shall be permitted in the R-4 districts:

A. Any use permitted in any R-3 residential districts; B. Accessory uses which are necessary to the above-mentioned uses.

17.20.030 Conditional uses.

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

17.20.040 Area, bulk, yard and height regulations.

The following area, bulk, yard and height regulations shall apply in the R-4 districts:

7.1 Attachment 3 - Redline of Exhibits A through K

516

Minimum Building
Site
Minimum Yards
Required
Maximum
Height
Permitted
Maximum
Coverage
Permitted
Open
Green
Area
Required
Average
Width
(ft.)
Minimum
Area
(sq. ft.)
Minimum
Lot Area
Per
Dwelling
Unit
(sq.
ft.)Densit
y
Permitted
(units per
acre)
Maximum
Lot Area
Per
Dwelling
Unit
(sq.
ft.)Densit
y
Permitted
(units per
acre)
Front
(ft.)
Side
(ft.)
Rear
(ft.)
Stories Ft. (%) (%)
200150 20,000
15,000
1,24415/
201
2,178/2,9
04135
201
0 5/102 20/10 5 4555 4050 4730
1 Minimum density shall depend upon the general plan land use designation. For condominium residential, the permitted density range is 15-35 units per acre. For apartment residential, the permitted density range is 20-35 units per acre.

Maximum lot size shall depend upon the general plan land use designation. For condominium residential, maximum lot size shall be 2,904. For apartment residential, maximum lot size shall be 2,178.
2Side setbacks shall be increased to 10 feet where the property abuts property in the R-1 or R- 1/PD district.

17.20.050 Parking.

Parking shall be provided in accordance with Chapter 17.62.

17.20.060 Design Standards.

All development shall comply with Chapter 17.96.”

7.1 Attachment 3 - Redline of Exhibits A through K

517

EXHIBIT H
Amendments to Chapter 17.26, C-2 GENERAL BUSINESS DISTRICT Chapter 17.26 is hereby amended to be repealed and replaced in its entirety to read as follows:
“17.26.010 Regulations generally.

The specific regulations set forth in this chapter shall apply in all C-2 districts:

17.26.020 Permitted uses.

The following uses shall be permitted in the C-2 districts:

A. Any use which is a permitted use in the neighborhood commercial C-1 districts, except that the following uses are excluded from the C-2 zone: laundromats; B. Retail stores and services establishments which supply commodities or provide service primarily to meet the needs of residents of the community, such as large department stores, automobile sales agencies, bars and cocktail lounges, sale of antiques and specialty items, costume rental shops, bicycle stores (including rental and repair), hotels and motels (including restaurant and meeting rooms), and other general commercial uses serving the needs of the community as a whole and which, in the opinion of the city planning director, are similar to the above-mentioned uses;
C. Parking lots, open and other than accessory, for the storage of private passenger automobiles and subject to the provisions of Chapter 17.62; D. Incidental and accessory structures and uses on the same site with and necessary to the operation of a permitted use.

17.26.030 Conditional uses.

7.1 Attachment 3 - Redline of Exhibits A through K

518

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

A. Any use which is a conditional use in the neighborhood commercial C-1 districts; B. Automobile accessory shops and repair garages, provided no such enterprise shall have a driveway entrance across the sidewalk;
C. General commercial amusement and entertainment enterprises, including theaters, bowling alleys and similar establishments, and entertainment provided in connection with a permitted use;
D. Clubs, lodges and fraternal organizations, including the serving of food and beverages to members and their guests, and including such other facilities customarily provided for the comfort and convenience of the membership;
E. Municipal or privately-owned recreation building or center, including Y.W.C.A. and Y.M.C.A. buildings;
F. Residential uses as described in Chapters 17.18, R-3 Medium Density Multiple-Family Residence District, and 17.20, R-4 High Density Multiple-Family Residence District, subject to development regulations described in Section 17.26.040; G. Incidental and accessory structures and uses located on the same site with and necessary to the operation of a conditional use.

17.26.040 Area, bulk, yard and height regulations.

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

7.1 Attachment 3 - Redline of Exhibits A through K

519

Minimum
Building Site
Required
Minimum Yards
Required1
Maximum
Height
Permitted
Maximum
Coverage
Permitted
Minimum
Open
Green
Area
Required
Average
Width
(ft.)
Minimum
Area
(sq. ft.)
Minimum
Lot Area
Per
Dwelling
Unit (sq.
ft.)Density
Permitted
(units per
acre)2
Maximum
Lot Area
Per
Dwelling
Unit (sq.
ft.)Density
Permitted
(units per
acre)2
Front
(ft.)
Side
(ft.)
Rear
(ft.)
Stories Ft. (%) (%)
200 40,000 2,17815 72660 0 0 0 8 90 3050 25
1Where the commercial zone abuts a residential zone, no building shall be closer than twenty- five feet to the residential zone.
2Where residential uses are included in the development.

17.26.050 Parking and loading.

Parking and loading facilities shall be provided in accordance with the provisions of Chapter 17.62.

17.26.060 Use enclosure requirements.

All uses permitted within this chapter, except parking and other permitted outside accessory uses, shall be conducted within an enclosed building.

17.26.070 Design Standards.

All development containing residential uses shall comply with Chapter 17.96.”

7.1 Attachment 3 - Redline of Exhibits A through K

520

EXHIBIT I
Amendments to Chapter 17.28, C-M COMMERCIAL MIX DISTRICT Chapter 17.28 is hereby amended to be repealed and replaced in its entirety to read as follows:
“17.28.010 Regulations generally.

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

17.28.020 Combining zone required.

17.28.030 Permitted uses.

C. No use shall be established on a parcel of land which causes the amount of parking required by this title for that parcel to exceed the number of parking spaces provided. Where combined use of parking is requested, the number of parking spaces provided shall not be reduced below the number of spaces required by the maximum user.

7.1 Attachment 3 - Redline of Exhibits A through K

521

17.28.040 Area, bulk, yard and height regulations.

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

Minimum
Building Site
Required
Minimum Yards
Required1
Maximum
Height
Permitted
Maximum
Coverage
Permitted
Minimum
Open
Green
Area
Required
Average
Width
(ft.)
Minimum
Area
(sq. ft.)
Minimum
Density
Permitted
(units per
acre)2
Maximum
Density
Permitted
(units per
acre)2 Front
(ft.)
Side
(ft.)
Rear
(ft.)
Stories Ft. (%) (%)
200 40,000 15 60 0 0 0 8 90 50 25
1Where the commercial zone abuts a property in the R-1 or R-1/PD district, no commercial building shall be closer than twenty feet to the residential zone. 2Where residential uses are included in the development.

17.28.050 Parking.

Parking shall be provided in accordance with Chapter 17.62.

17.28.060 Design Standards.

All development containing residential uses shall comply with Chapter 17.96.”

7.1 Attachment 3 - Redline of Exhibits A through K

522

EXHIBIT J
Amendments to Chapter 17.36, PD PLANNED DEVELOPMENT COMBINING DISTRICT Chapter 17.36 is hereby amended to be repealed and replaced in its entirety to read as follows:
“17.36.010 Purpose.

17.36.020 Establishment.

B. The following standards as usually prescribed by the zoning ordinance may, upon planning commission approval, be waived in a PD district without being processed under the variance procedure:

1. Minimum building site;

2. Minimum lot dimension;

3. Maximum building site coverage by buildings and structures;

4. Minimum yards;

5. Maximum building or structure height, bulk or massing;

6. Maximum height of fences and walls;

7. Signs;

7.1 Attachment 3 - Redline of Exhibits A through K

523

8. Street or road widths dimensions;

9. Any other minimum or maximum standards as usually required or applied with the exception of off-street parking requirements.

17.36.030 General development plan.

1. Proposed land uses;

2. Location of buildings, structures and building groups;

3. A tabulation of proposed dwelling unit density in residential areas;

4. A tabulation of the maximum heights of proposed buildings;

5. Proposed circulation systems, including preliminary street cross-sections;

6. Proposed parks, playgrounds, school sites, and other open spaces;

7. Location and type of existing and proposed landscaping; identification of any existing trees to be removed;

8. An economic feasibility analysis of proposed commercial uses;

9. Development phasing (for entire project);

10. Relation to future land use in surrounding area, as proposed in the general plan;

11. Proposed off-street parking (ratio, locations, total number of spaces);

7.1 Attachment 3 - Redline of Exhibits A through K

524

12. Any additional data required by the planning director as necessary to analyze the rezoning application.

E. In order to approve, conditionally approve, or recommend approval or conditional approval of a general development plan, the planning commission shall find that:

1. The planned development is substantially in conformancecomplies with the applicable provisions of the adopted city general plan;

2. The planned development complies with the City’s applicable objective design and development standards.

2. If applicable, a final subdivision map for the proposed planned development can bewill be recorded within two years of the expected date of adoption of the general development plan for the planned development;

3. That the total development in each individual development phase can exist as an independent unit, adequate assurance will be provided that such objective will be attained; that the uses proposed will not be detrimental to present and planned surrounding uses, as shown in the city’s adopted general plan, but will have a beneficial effect which could not be achieved without being located in a PD district;

7.1 Attachment 3 - Redline of Exhibits A through K

525

4. The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and proposed densities will not generate traffic in such amounts as to overload the street network outside the development;

3. 5. Existing or proposed utility Utility and services providers have verified that the proposed and facilities and other public improvements are adequate for thewill meet the needs of the population densities and land uses proposed;

64.. The proposed ratios for off-street parking are consistent with the parking regulations of the city, as provided in Chapter 17.62;

7. The planned development will not have a detrimental and unmitigatable financial impactcontribute to the economic growth of on the city andor the Estero Municipal Improvement District.

17.36.040 Conditional uses.

A use permit shall be required for any and all uses in a PD district. The planning commission shall not grant a use permit for any use or uses in a PD district unless it finds:

A. Such use or uses substantially conforms to the applicable provisions of the adopted general plan of the city;
B. Such use or uses are shown on the approved general development plan for the particular PD district;
C. That a specific development plan has been submitted which meets all of the requirements as outlined in Section 17.36.050.

17.36.050 Specific development plan.

An application for a use permit in a PD district shall include and be accompanied by a specific development plan which, if approved by the planning commission, shall become a part of the use permit.

7.1 Attachment 3 - Redline of Exhibits A through K

526

specific development plan for the entire planned development or, if the project is to be phased over several years, the first phase thereof.

1. A map showing the existing topography and the proposed topography of the development at one-foot contour intervals, or as approved by staff;

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

5. Any or all of the following plans, diagrams and information, when deemed appropriate by the planning director:
a. Off-street parking and loading plan;

7.1 Attachment 3 - Redline of Exhibits A through K

527

b. Circulation diagram, indicating the proposed movement of vehicles, pedestrians, bicycles and goods within the PD district, and to and from adjacent public thoroughfares;
c. Any special engineering features and traffic-regulation devices needed to facilitate or ensure the safety of movement of vehicles, pedestrians, bicycles and goods;
d. A landscaping and tree planting plan; such a plan shall show the approximate location, type, and size of plant materials to be installed; e. Detailed engineering site-grading plans, including proposed finished grades and all public improvements, and site drainage;
f. Detailed engineering improvement plans for the provision of public utilities for the site, including provisions for off-site connections and facilities necessary to serve the site;
g. A written statement, describing the disposition of recreation and open space areas, including proposals for ownership, development and maintenance.

6. Architectural Drawings, including:
a. Scale and character (building and structure height; height of walls and fences; building massing; density; configuration; facade treatments; basic shapes of buildings); b. Rooftop treatments;
c. Materials (materials palette);
c. Colors (colors palette);
d. Elevations and perspective drawings of all proposed structures. (Such drawings need not be the result of the final architectural decisions and need not be in detail. The purpose of such drawings is to indicate within stated limits the height of the proposed buildings and the general appearance of the proposed structure, to the end that the entire development will have architectural unity and be in harmony with surrounding developments.)

7.1 Attachment 3 - Redline of Exhibits A through K

528

17.36.060 Off-street parking requirements in a PD district.

A. The off-street parking requirements for land uses, as provided in Chapter 17.62, shall be those that apply to all off-street parking requirements in all PD developments and districts except in residential PD districts, which shall be governed by the requirements of state law. The parking ratios and related standards contained within Chapter 17.62 are, for purposes of the PD district, considered minimum ratios and standards, and may be revised by the planning commission depending on certain factors as noted below.

1. A parking analysis discussing all impacts resulting from the deviation from usual off- street parking requirements, including alternative parking designs or strategies considered, and why they were deemed infeasible, if applicable, and alternatives for mitigating negative impacts identified.

C. The planning commission will not consider the following reasons or conditions acceptable as the sole rationale for allowing a deviation from the provisions of the off-street parking requirements contained in Chapter 17.62:

7.1 Attachment 3 - Redline of Exhibits A through K

529

1. The potential or estimated increase in or benefit to a project’s revenue generation, cash flow, market value, marketing strategy, or financial feasibility;

17.36.070 General development criteria.

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

A. All development should be designed and located to conserve energy resources. Such efforts might include, but are not limited to, the clustering or location of development to reduce driving time, and structural designs which maximize use of solar energy and reduce the use of electricity and fossil fuels. Both passive and active solar energy considerations shall be considered in design development.

B. Clustering to reduce paving, grading, runoff and changes in vegetative cover shall be encouraged. When a significant change in vegetative cover is proposed or introduced, it must be demonstrated that restoration measures will provide for minimal adverse impact and for equal protection from erosion as that provided by vegetation before grading.

C. Development should be so designed as to minimize adverse impact on primary San Francisco Bay wildlife resources, and to achieve a high degree of compatibility with wildlife habitat areas.

D. Any lands whose sole means of access is via existing residential streets shall be limited to densities which will not produce substantial increases in traffic volumes on those streets. Traffic volumes exceeding twenty percent of existing volumes shall generally be considered substantial. Where more than one undeveloped site would contribute vehicular traffic to the street, the aggregate densities should not exceed the twenty percent level. The twenty percent level shall be used as a general guideline, and is intended to minimize adverse traffic impacts on existing neighborhood streets. Densities may be approved which would produce lesser or greater traffic volumes, depending upon the particular impact and possible mitigation as may be identified in any environmental impact report prepared for the planned development.

7.1 Attachment 3 - Redline of Exhibits A through K

530

E. All roads, buildings and other structural improvements or land coverage shall be located, sited and designed to fit the natural topography, and shall minimize grading and modification of existing land forms. Special consideration of soil characteristics shall be included in design of all physical improvements.

F. Development shall be designed to minimize detraction from the scenic and visual quality of the city and the characteristics of existing major watercourses, established trees dominant vegetative communities and primary San Francisco Bay wildlife habitats.

G. Vegetation for replacement of existing vegetation shall be compatible with surrounding vegetation and shall recognize climate, soil conditions and characteristics of the city.

H. Underground utility lines shall be required, except where such undergrounding would result in significant adverse environmental impacts.

I. It must be demonstrated that sufficient storm drainage, sewerage capacity and domestic water supply are available, and that adequate fire, police and school facilities either exist, or can be reasonably supplied to the development.

J. Phased development shall be approved only if each phase is designed to stand as an independent development and each phase meets the requirements of this chapter.

17.36.080 Design guidelines/standards.

All development containing residential uses shall comply with Chapter 17.96.

The following design guidelines/standards shall be incorporated as a part of the specific development plan for the particular development, as approved by the planning commission. The design guidelines/standards shall become a part of the use permit.

A. Architectural Design Guidelines.

1. Siting (building sites; lot dimensions; site coverage; yards; site arrangements);

2. Scale and character (building and structure height; height of walls and fences; building massing; density; configuration; facade treatments; basic shapes of buildings);

3. Rooftop treatments;

7.1 Attachment 3 - Redline of Exhibits A through K

531

4. Materials (materials palette);

5. Colors (colors palette);

6. Elevations and perspective drawings of all proposed structures. (Such drawings need not be the result of the final architectural decisions and need not be in detail. The purpose of such drawings is to indicate within stated limits the height of the proposed buildings and the general appearance of the proposed structure, to the end that the entire development will have architectural unity and be in harmony with surrounding developments.) B. Landscape Design Guidelines.

1. Plant materials (plant material palette);

2. Paving (materials palette);

3. Site furnishings (furnishings palette);

4. Lighting;

5. Special features/elements;

6. Sketches and perspective drawings of all landscape plantings, materials, furnishings and special elements indicating how they will relate to and enhance the overall design of the planned development.

C. Signage guidelines.

D. Prototypical treatments.

17.36.090 Open area and density per family unit.

Open area and density per family unit shall be as shown on the specific development plan for the development, as approved by the planning commission, providing that the total open area and average density per family unit shall conform to the adopted general plan of the city and the park dedication requirements of the city, as presented in Chapter 16.36.

17.36.100 Amendment of development.

7.1 Attachment 3 - Redline of Exhibits A through K

532

B. Changes in the specific development plan shall be considered the same as changes to the use permit, and shall be made in accordance with the procedures set forth in Chapter 17.06.

17.36.110 Development schedule and extensions.

An approval of application for a use permit in a PD district shall include a condition of approval that the use permit will expire two years from the date of approval, unless subject to time limits for a tentative map or development agreementbe accompanied by a development schedule, indicating to the best of the applicant’s knowledge the approximate date on which construction of the project can be expected to begin, the anticipated rate of development, and completion date. The development schedule, if approved by the planning commission, shall become a part of the specific development plan and shall be adhered to by the owner of the property in the PD district and any successors in interest. The use permit shall become null and void unless foundations are set within six months of the granting of the permit. Extensions may be granted at the discretion of the planning commission, not to exceed a cumulative total of two years, in annual extensions not to exceed one year. Compliance with the phasing schedule consists of filing subdivision map and use permit applications and actively pursuing city approval within the time permitted by the phasing schedule.

17.36.120 Rezoning.

If, in the opinion of the planning commission, the owner or owners of property in a PD district are failing or have failed to meet comply with an approved general development plan or specific development plan schedule, the planning commission may initiate proceedings under Chapter 17.74 to rezone the property to another zoning district which conforms to the adopted general plan of the city. For good cause shown by the property owner, in writing, prior to the expiration of the original development schedule, the planning commission may extend the limits imposed by the development schedule in accordance with Chapter 17.74.

17.36.130 Relationship of PD district to other ordinance.

7.1 Attachment 3 - Redline of Exhibits A through K

533

Unless expressly provided otherwise in the PD zoning ordinance, the general provisions of the city zoning ordinance which apply to all zones also apply to PD districts.

17.36.140 Application and fees.

7.1 Attachment 3 - Redline of Exhibits A through K

534

EXHIBIT K
Amendments to Chapter 17.58 ARCHITECTURAL CONTROL AND SUPERVISION Chapter 17.58 is hereby amended to be repealed and replaced in its entirety to read as follows:
“17.58.010 Intent and purpose.

1. To preserve the architectural character and scale of the neighborhoods and community;

4. To assure that developments enhance their sites and are harmonious with the highest standards of improvements in the surrounding area;

5. To promote and protect the health, safety and general welfare of the city;

7.1 Attachment 3 - Redline of Exhibits A through K

535

6. To preserve views of and from the lagoons and waterways which provide a visual connecting link for adjacent lots and developments;

7. To enhance the residential and business property values within the city and in neighborhoods surrounding new or modified development;

8. To assure that each new development is designed to best comply with the intent and purpose of the zone in which the property is located and with the general plan of the city;

9. To encourage the maintenance, repair, replacement or improvement of surrounding properties.

17.58.020 Improvements subject to architectural review.

A. Each improvement as defined in Section 17.04.265 which is not otherwise declared exempt below shall be subject to architectural review as provided in this chapter. Improvements subject to architectural review include:

1. New buildings, structures or additions to existing structures;

3. Addition of paved area to a front yard including asphalt, cement and brick except for walkways;

4. Decks above grade at any point (except as exempted below), gazebos, patio covers, trellises, windscreens and similar improvements;

5. Exterior storage of recreational vehicles, recreational vehicle equipment, boats, boat trailers, campers and camper shells pursuant to Chapter 17.64;

6. Flagpoles more than fifteen feet in height in an “R” district or more than twenty-five feet in height in a “C” or “M” district or in multi-family common areas;

7. All improvements which the community development director deems similar to those listed above;

7.1 Attachment 3 - Redline of Exhibits A through K

536

B. Improvements Exempt from Architectural Review. The following improvements shall be exempt from architectural review:

1. Modifications to the interior of a structure;

3. Repainting or restaining of buildings or structures on properties in C-U, C-I, C-2, C-M, M-I, PF, OSC or any PD (planned development) district, provided the new color is within the project color palette previously approved by the city with the specific development plan for the project. However, within projects zoned R1/PD, adjacent properties which front on the same street shall not use the same color scheme;

4. Exterior landscaping of single-family detached homes unless required as a condition of approval of use permit or architectural review;

5. Replacement of landscape materials with the same species of plant;

6. Replacement of portions of the exterior of structures or improvements using materials of the same size, type and color;

7. Maintenance which does not involve replacement of any parts;

8. Improvements which are otherwise subject to use permit;

7.1 Attachment 3 - Redline of Exhibits A through K

537

10. Decks less than eighteen inches above grade at any point which are also a minimum of five feet from any property line;

11. Flagpoles which are fifteen feet or less in height in an R district or less than twenty- five feet in height in a C or M district or in multifamily common areas;

12. Modifications (frame materials, muntins (grids) or other similar minor modifications as determined by the community development director) to existing windows and doors;

13. Replacement of existing first story rear or side yard windows with garden or greenhouse style windows;

14. Replacement of existing doors, including garage doors;

15. Fences on nonwaterfront property which do not face a public right-of-way;

16. New windows three square feet or less in size located on the first floor on a nonwaterfront property, not in a planned development (PD) district, and not facing a public right-of-way;

19. Tubular style skylights;

7.1 Attachment 3 - Redline of Exhibits A through K

538

21. Basketball standards or similar equipment as determined by the community development director.

C. Improvements Which Are Prohibited. The following types of improvements are prohibited:

1. Repainting or restaining which uses a bright pastel, fluorescent, or a primary color or a color out of character with existing colors used in the neighborhood;

2. Repainting or restaining which uses murals, multi-colored patterns, or similar features. a. Exception – Murals of landscapes, hardscapes or foliage may be displayed on the interior side of fence and walls.

17.58.030 Architectural review approval required prior to construction or improvement.

17.58.040 Architectural review procedures.

A. Application. To obtain architectural review approval, an application accompanied by plans, supporting information and an application fee as established by city council resolution must first be submitted to the city. The required content of the application, supporting information and plans shall be as determined by the community development director. The supporting information shall include evidence that the applicant provided the adjacent property owners an opportunity to review the proposed plans and mail in their comments either in the form of a signed statement from the adjacent property owners or a certified mail receipt.

B. Review for Completeness. Within thirty days of submittal of the application the community development director or his/her designee shall determine if the application is complete.

C. Decision.

7.1 Attachment 3 - Redline of Exhibits A through K

539

a. Major improvements on properties in any district, including but not limited to the following improvements to property in R districts:
i. Room additions on waterfront property which the community development director cannot approve pursuant to subsection (C)(2) of this section; ii. Second-floor room additions on nonwaterfront property which the community development director cannot approve pursuant to subsection (C)(2) of this section;
iii. Substantial changes or additions to waterfront decks that in the opinion of the community development director might significantly impact neighbors’ waterfront views; or
iv. Any improvement deemed by the community development director to be similar in nature.
b. On waterfront properties, room additions reviewed by the planning commission shall be subject to a use permit approved by the planning commission. c. In districts other than R districts, the planning commission shall review modifications which result in an increase in floor area or a substantial change in the appearance of the building as determined by the community development director, including but not limited to use of lighting to outline features of a building, or any other item as determined by the community development director. d. The planning commission shall review proposed changes to shopping center building colors in a legally noticed public hearing for the following neighborhood business or commercial mix districts: Charter Square Shopping Center/APN 094-473- 010, 094-473-020 and 094-473-030; Beach Park Plaza Shopping Center/APN 094- 261-330 and 094-261-270; The Market Place at Metro Center/APN 094-522-190; Edgewater Place Shopping Center/APN 094-541-070 and Marlin Cove Shopping Center/APN 094-330-150.

7.1 Attachment 3 - Redline of Exhibits A through K

540

conditions or deny the application in accordance with the provisions of this chapter and any other applicable requirements of federal, state or local law within ten days from the date the application was deemed complete unless a time extension is granted by the applicant. The community development director may refer the application to the planning commission for comment or final action. The community development director shall review:
a. Room additions on the waterfront side of waterfront property that are less than two hundred square feet in area on the first floor only. b. Greenhouse/solariums on waterfront and non-waterfront properties. c. The community development director shall review all room additions on nonwaterfront property and the nonwaterfront side of waterfront properties except second-floor additions that exceed four hundred square feet or are visible from the waterfront.
d. The community development director shall also review changes in windows and doors, addition of detached accessory buildings, fences, rooftop equipment, minor changes or additions to waterfront decks that in the opinion of the community development director will not significantly impact neighbors’ waterfront views. e. Changes in building and roofing material in all districts not otherwise exempt from review.
f. Other minor exterior changes and building color changes in all zoning districts not otherwise exempt from review with the exception of shopping center building colors in the following neighborhood business or commercial mix districts: Charter Square Shopping Center/APN 094-473-010, 094-473-020 and 094-473-030; Beach Park Plaza Shopping Center/APN 094-261-330 and 094-261-270; The Market Place at Metro Center/APN 094-522-190; Edgewater Place Shopping Center/APN 094-541 070 and Marlin Cove Shopping Center/APN 094330-150.

D. Notice of Decision. Written notice of the decision shall be provided to the applicant and owner within five calendar days after the decision is rendered. In the case of decisions rendered

7.1 Attachment 3 - Redline of Exhibits A through K

541

by the community development director, written notice of the decision shall also be provided to the planning commission within five calendar days after the decision is rendered.

F. Appeals. The appeal period as prescribed in Section 17.06.140 shall begin on the date the notice of decision was issued. Any decision on an architectural review application shall not be effective until the appeal period prescribed in Section 17.06.140 has lapsed or, if there is an appeal, until a final decision has been made on the appeal or upon the preparation of a notice of decision if the appeal period is waived pursuant to this section. The appeal period may be waived by the community development director if all abutting property owners have submitted signed statements waiving their rights to file an appeal.

17.58.050 Findings required.

Prior to approving an application for architectural review, the following findings must be made by the approving body:

A. That the proposal is consistent with the applicable provisions of the Foster City general plan and Title 17, Zoning, and Chapter 2.28, Planning, of the Foster City Municipal Code.

B. That the design of the proposal is appropriate to the city, the neighborhood and the lot in which it is proposed.conforms to city’s objective design and development standards and other adopted guidelines.

C. That the design of the proposal is compatible with its environment with respect toconforms with the requirements regarding use, forms, materials, colors, setbacks, location, height, design, or similar qualities as specified in Section 17.58.010.

17.58.060 Architectural guidelines adopted by resolution.

7.1 Attachment 3 - Redline of Exhibits A through K

542

17.58.070 Special provisions.

7.1 Attachment 3 - Redline of Exhibits A through K

543

EXHIBIT L
Amendments to Chapter 17.62, OFF-STREET PARKING REGULATIONS Chapter 17.62 is hereby amended to be repealed and replaced in its entirety to read as follows:
“17.62.010 Purpose and intent.

17.62.020 Definitions.

As used in this chapter (see also Chapter 17.04 Definitions):

A. “California Building Code” means as referred to in Titles 24 and 25 of the California Administrative Code.

B. “Carpool” means two or more people travelling together on a continuing and prearranged basis in a motor vehicle over routes tailored to accommodate rider needs.

C. “Certificate of occupancy” means the permit required for occupancy of any building, pursuant to Sections 307 and 502 of the Uniform Building Code.

D. “Handicapped persons” a handicapped/disabled person shall be defined pursuant to Section 22511.5 of the California Vehicle Code.

E. “Multiple uses” means industrial, commercial, office, retail or residential land uses, co- located in a project/development site or land subdivision map.

F. “Passenger drop-off zone” means an area for passenger loading and unloading, ride share, deliveries, and similar uses that is parallel to the curb, a minimum of twenty-four feet long and eight feet wide with an accessible loading area at the side of at least sixty inches wide.

G. “Peak-demand hour (parking)” means that period of time within which demand for available off-street parking is most strong.

7.1 Attachment 3 - Redline of Exhibits A through K

544

I. “Public transit” means publicly provided transportation, usually either by bus or rail, to users at a fixed cost per ride.

J. “Secondary residential unit” means a housing unit established pursuant to the requirements of Chapter 17.78 of this code.

L. “Tandem parking spaces” means two parking spaces placed one behind the other.

LM. “Transportation coordinator (TC)” means a person, usually a company employee, responsible for helping employees find ridesharing or public transit commuting alternatives.

MN. “Transportation systems management (TSM)” means a low-cost transportation improvement, action or plan, implementable in the short term, that reduces traffic congestion and/or increases traffic system capacity and off-street parking capacity.

NO. “Uniform Building Code” means the rules, regulations and standards, printed and published by the International Conference of Building Officials, as adopted by the city pursuant to Government Code Section 50022.1 and State Health and Safety Code Section 179222, and adopted as and for the rules, regulations and standards within the city and collectively called the “Foster City Building Code.”
OP. “Vanpool” means seven or more people travelling together on a continuing and prearranged basis in a motor vehicle designed for the transportation of persons over routes tailored to accommodate rider needs.

7.1 Attachment 3 - Redline of Exhibits A through K

545

17.62.030 Basic regulations for off-street parking.

A. Off-street parking shall be provided subject to the provisions of this chapter for:

1. Any new building constructed;

2. Any new use established;

3. Any addition or enlargement of an existing building or use; and

4. Any change in the occupancy or use of any building or the manner in which any use is conducted that would result in additional parking stalls being required.

C. All off-street parking stalls and areas required by this title shall be designed and maintained to be fully usable for the duration of the use requiring such areas and spaces.

D. On-street parking within public or private streets, driveways or drives shall not be used to satisfy the off-street parking requirements, except where allowed by this chapter.

F. Temporary use of off-street parking stalls for non-parking purposes will not violate this title only if such use is specifically approved by the city.

7.1 Attachment 3 - Redline of Exhibits A through K

546

surfaces, and/or repainting. When a parking facility is required to conform to the design standards pursuant to this section, the entire parking facility shall be required to conform.

Existing legal nonconforming parking lots constructed pursuant to approved development plans shall be permitted to remain as approved until they are substantially reconstructed.

H. All off-street parking required by this chapter shall be constructed prior to the issuance of a certificate of occupancy.

J. The public works and community development department shall recommend off-street parking requirements for any land use not mentioned in this chapter, subject to planning commission review and approval.

L. Parking lots designed for more than ten cars must have one lane for lot ingress and one lane for lot egress.

M. Whenever compact-car parking stalls are employed to meet off-street parking demand, whether in a residential, commercial, office or industrial project, they shall be reasonably distributed throughout the project rather than all clustered in one location.

N. Whenever possible, parking in all districts should be ninety degrees in orientation (perpendicular).

17.62.040 Calculating parking requirements.

7.1 Attachment 3 - Redline of Exhibits A through K

547

B. When a single structure or parcel contains multiple uses, more than one parking standard may apply.

C. Parking stalls on public streets shall not be used to meet the requirements set forth herein.

No development plans shall be based on the assumption that excess vehicles can be parked on public streets except where public streets have been specifically designed to accommodate on- street parking, and receive city approval for such use.

D. When parking regulations are based on the number of employees, parking calculations shall use the largest number of employees who work at any one work shift. Where shift changes may cause substantial overcrowding of parking facilities, the city may require additional spaces.

17.62.050 Design standards.

A. General. The following standards shall apply to all zoning classifications:

7.1 Attachment 3 - Redline of Exhibits A through K

548

3. Universal Parking Stall Size. Each universal parking stall shall consist of a rectangular area not less than eight and one-half feet wide by eighteen feet long. All covered parking stalls should have a vertical clearance of not less than seven feet.

5. Aisle Dimensions. Each parking and loading space shall have adequate drives, aisles, and turning and maneuvering areas for access and usability, in accordance with Table

17.62.050-A.

8. Safety Features. Parking and loading facilities shall meet the following standards:
a. Safety barriers or curbing, and directional markers shall be provided to assure pedestrian/vehicular safety, efficient utilization, protection to landscaping, and to prevent encroachment onto adjoining public or private property. b. Visibility of pedestrians, bicyclists and motorists shall be assured when entering and exiting individual parking stalls, when circulating within a parking facility, and when entering and exiting a parking facility.
c. Internal circulation patterns, and the location and traffic direction of all access drives, shall be designed and maintained in accord with accepted principles of traffic engineering and traffic safety.

7.1 Attachment 3 - Redline of Exhibits A through K

549

d. With the exception of single-family residential districts, backing of vehicles across a public walkway in order to exit from a parking space shall not be permitted.

9. Lighting. Lights provided to illuminate any parking facility or paved area shall be designed to reflect away from residential use and motorists. It is the city’s intent to maintain light fixtures in a low-profile design compatible to the site’s landscape and architectural design. All lighting shall maintain one footcandle of illumination at ground level. All light fixtures shall be energy-efficient in nature, reflecting “state of the art” technology.

10. Noise. Areas used for primary circulation for frequent idling of vehicle engines, or for loading activities, shall be designed and located to minimize impacts on adjoining properties, including provisions for screening or sound baffling. 1110. Screening. Unenclosed off-street parking areas shall be screened from view from public streets and adjacent more-restrictive land uses. Screening may be accomplished by one or more, or a combination of several, of the following methods:
a. Walls. Low-profile walls, not exceeding forty inches in height shall consist of concrete, stone, brick, or similar types of solid masonry materials. b. Fences, Solid. A solid fence, not to exceed forty inches in height, shall be constructed of wood, or wood and masonry or other materials to form an opaque screen.
c. Planting. Plant materials, when used as a screen shall consist of compact evergreen plants. They shall be of a kind, or used in such a manner, as to provide screening, have a minimum height of two feet, within eighteen months after initial installation.
d. Berms. Berms, including grass or plant materials shall be provided. e. Plant Materials. All plant materials used to provide a screen for off-street parking areas shall be maintained in a condition such that impairment of safe sight distances does not result.
1211. Landscaping. The following basic standards shall be observed:

7.1 Attachment 3 - Redline of Exhibits A through K

550

a. A minimum of ten percent of the total off-street parking area shall be landscaped with at least one fifteen-gallon minimum size tree per each three parking stalls (which may be clustered or grouped) and appropriate ground cover. The parking area shall be computed by adding the areas used for access drives, aisles, stalls, maneuvering and landscaping within that portion of the premises that is devoted to vehicular parking and circulation.
b. Each unenclosed parking facility shall provide a perimeter landscaped strip at least four feet wide (inside dimension) where the facility adjoins a side or rear property line. The perimeter landscaped strip may include any landscaped yard or landscaped area otherwise required, and shall be continuous, except for required access to the site or to the parking facility.
c. All landscaping shall be protected with concrete curbs. Where trees are planted within four feet of sidewalks, curbs or streets, root barriers and tree-trunk protectors shall be used. Decorator planter boxes may, upon city approval, be used in appropriate locations.
d. All landscaping shall be regularly cut, trimmed and maintained in a healthy condition and be kept free of weeds, debris or litter.
e. No planting bed may be less than four feet in width (inside dimension) and twenty-four feet in area.
f. Planting beds must be reasonably distributed throughout the parking area. g. A detailed landscaping plan drawn to scale shall be provided with all planting, clearly located and labeled, as well as any and all landscape features other than plantings. The plan must include the following information:
i. Common name/botanical name;
ii. Size of materials in diameter and height at planting and at maturity; iii. Number and spacing of plants and trees to be planted; iv. Method of irrigation;

7.1 Attachment 3 - Redline of Exhibits A through K

551

v. Methods to protect plant materials and landscaped areas from vehicle and pedestrian traffic;
vi. Maintenance schedule;
vii. Proposed treatment of all ground surfaces (paving, turf, other); viii. Grading and drainage;
ix. Type, dimensions, and locations of all direction and regulation signs; x. Dimensions and locations of all parking-lot attendant shelters (such shelters shall be compatible with site architecture, materials and design). h. Planting material shall meet the approval of the city’s standards and specifications.
i. No paved parking areas shall be more than thirty-five feet from a landscaped area, with the exception of ingress/egress and collector aisles located adjacent to a building.
j. Not more than twenty-five percent of a landscaped planter or landscaped area may be covered with hard surfaces such as gravel, landscaping rock, concrete, or other impervious materials.
k. To the extent that they are used as part of a landscape treatment for a parking lot, trash receptacles, bollards, walls or fences, planters, pots, light poles and fixtures, and tree guards and grates shall be coordinated in style, consistent in materials, and must be consistent with and related to the architectural style of the building(s) that are served by the parking lot.
l. Parking lot planters shall be separated from maneuvering and parking areas by a six-inch raised concrete curb.
m. Tree planters along the front of parking stalls shall contain a minimum of twenty- four square feet and the smallest outside dimension shall not be less than four feet.

7.1 Attachment 3 - Redline of Exhibits A through K

552

n. Landscape planters along the sides of parking stalls shall contain a minimum of sixty-four square feet, and the smallest outside dimension shall not be less than four feet.
o. Pedestrian walks shall be provided in landscape planters along the sides of parking stalls as shown below. They shall consist of a minimum twelve-inch paver stepping stones, or pavers shall be provided adjacent to the curb (including curb width).
1312. Parking Lot Striping and Markings. Parking stall striping, directional arrows, and parking stall identification shall meet the following standards. a. All parking stalls shall be painted with a single four-inch-wide contiguous line. b. All aisles, entrances and exits shall be clearly marked, with directional arrows painted on the parking surface and, if necessary, appropriately designed signage. c. All compact parking stalls shall be individually labeled with the word “compact” painted on the parking surface of each such parking stall. d. All handicapped persons’ parking stalls shall be individually labeled and signed in accordance with the requirements as set forth in Part 2, Title 24 of the California Administrative Code.
e. Parking lot striping and markings shall be maintained in a condition such that they can easily be seen.
1413. Maneuvering. With the exception of single-family residential districts, parking and maneuvering areas shall be arranged such that any vehicle entering a public right-of-way on a major or secondary street can do so traveling in a forward direction. 1514. Overhang. Surface-area parking stalls may permit vehicle overhang of eighteen inches into a landscaped planter.
1615. Parking Facility Design. Following are charts and diagrams in accordance with which all parking facilities shall be designed.

7.1 Attachment 3 - Redline of Exhibits A through K

553

a. Parking Bay Widths. Each parking facility shall be designed with parking bay units. The size or width of this unit is dependent on one- or two-way traffic and single- or double-loaded aisles. The following Table 17.62.050-A and accompanying parking diagram shall be used to determine the sizes of parking stalls, aisles, and bay widths.

When configuration of the property or the location of existing structures constricts the design of parking areas, the deciding body may make minor modifications of up to five percent in a limited number of the parking stalls, aisle width, and minimum landscape planter dimensions, provided that the applicant can demonstrate that the modification will not impair the function of the parking area. The additional cost of improvements that meet the requirements of this chapter shall not be considered grounds to make minor modifications in the required dimensions.

7.1 Attachment 3 - Redline of Exhibits A through K

554

Table 17.62.050-A
PARKING STALL DIMENSIONS (IN FEET)(1)
Type of Parking
Stall
Angle in
Degrees
Stall Width

A(2)
Stall
Length

B(1)(2)
Stall Depth

C(2)(3)
Curb
Length

D(2)
One-Way
Aisle
Width

E(2)
Two-Way
Aisle
Width

8.5' × 18
90 8.5 18.0 18.0 8.5 24.0 24.0 60.0 60.0
'Parallel 9.0 21.0 8.0 21.0 13.0 22.0 29.0 38.0
30 8.0 16.0 14.9 16.0 12.0 22.0 41.8 51.8
45 8.0 16.0 17.0 11.3 14.0 22.0 48.0 56.0
Compact
8' × 16
60 8.0 16.0 17.9 9.2 16.0 22.0 51.8 57.8

7.1 Attachment 3 - Redline of Exhibits A through K

555

Table 17.62.050-A
PARKING STALL DIMENSIONS (IN FEET)(1)
Type of Parking
Stall
Angle in
Degrees
Stall Width

A(2)
Stall
Length

B(1)(2)
Stall Depth

C(2)(3)
Curb
Length

D(2)
One-Way
Aisle
Width

E(2)
Two-Way
Aisle
Width

F(2)
One-Way
Parking
Bay Width
Double-
loaded
G(2)(3)
Two-Way
Parking
Bay Width
Double-
loaded
H(2)(3)
90 8.0 16.0 16.0 8.0 22.0 22.0 54.0 54.0
'Parallel 9.0 23.0 9.0 23.0 14.0 24.0 32.0 42.0
30 9.0 19.0 17.3 18.0 12.0 22.0 46.6 56.6
45 9.0 19.0 19.8 12.7 14.5 22.0 54.1 61.6
60 9.0 19.0 21.0 10.4 16.0 22.0 58.0 64.0
Standard
9' × 19
90 9.0 19.0 19.0 9.0 24.0 24.0 62.0 62.0
(1)An overhang of 1.5 feet at the head of the stall into a landscaped planter may be deleted from these requirements. (2)See attached Parking Diagram.
(3)May be reduced with an interlocking herringbone layout for angled parking.

7.1 Attachment 3 - Redline of Exhibits A through K

556

b. Mechanical parking systems. Mechanical parking systems may be used for multi- family residential or for employee use in office, or institutional uses. Other uses may use mechanical parking systems subject to approval of the Community Development Director and may be required to provide on-site valet assistance at no fee to the user.

1. Mechanical parking systems shall be located within an enclosed parking facility. All lifts, platforms, and associated equipment shall be screened from public views.

2. The applicant shall submit an analysis and report prepared by a qualified professional for review and approval of the Community Development Director that demonstrated the effectiveness of the proposed mechanical parking system, operational details, schematic or technical drawings, regular and emergency

7.1 Attachment 3 - Redline of Exhibits A through K

557

maintenance schedule, procedures and backup systems, vehicle queuing, access and retrieval efficiency.

3. Mechanical parking systems shall not be used for accessible parking spaces, visitor parking, or loading spaces.

5. The Community Development Director shall have authority to adopt design standards to implement this section.

16. All development containing residential uses shall comply with Chapter 17.96.

B. Residential. The following design standards shall apply to the residential districts and developments.

2. All covered off-street parking shall be architecturally consistent with the main site structure(s) and meet all building setback requirements.

4. Driveways providing access to garages, carports, and open parking stalls serving four or more dwelling units shall be a minimum of twelve feet in width for one-way traffic, and

7.1 Attachment 3 - Redline of Exhibits A through K

558

twenty-four feet for two-way traffic, except for double loaded aisles for compact parking stalls, which may be twenty-two feet in width.

6. The off-street parking stalls required by this chapter shall not be subleased, sublet, or otherwise made available to residents of other properties.

7. All required covered off-street parking stalls shall be located conveniently accessible to the dwelling unit served by such parking stall.

8. All recreational vehicle parking and/or storage areas located within the front yard setback shall be paved with either asphaltic concrete, cement.

C. Commercial, Office, Industrial Uses. The following design standards shall apply to commercial, office, industrial uses.

1. Those areas designated for use by motorcycles shall measure four feet by eight feet.

Such areas shall be clearly marked for motorcycle parking, sufficient to prevent automobile parking in the area.

3. Two-way access drives with no parking shall be a minimum of twenty-four feet. One- way access drives with no parking shall be a minimum of twelve feet.

17.62.060 Off-street parking requirements.

The following subsections list the required amount of off-street parking for each category of uses, special requirements, and optional requirements.

A. Residential.

7.1 Attachment 3 - Redline of Exhibits A through K

559

1. Single-family dwellings (conventional), detached: two parking stalls per unit, at least two of which must be within a garage or carport;

2. Secondary residential units (“granny flats”): One off-street parking stall which may be uncovered or a part of the existing driveway serving the main residence;

3. Multifamily, cluster developments (condominium, townhouse), semidetached single- family (zero lot-line, patio homes, duplexes):
a. Studio/bachelor Units. One off-street parking stall per unit, which shall be in a garage or carport,
b. One-bedroom Units. One and one-half off-street parking stalls per unit, of which one stall shall be in a garage or carport,
c. Two-bedroom Units. Two off-street parking stalls per unit, of which two parking stalls shall be in a garage or carport,
d. Three or More Bedroom Units. Two off-street parking stalls per unit, of which two parking stalls shall be in a garage or carport,
e. Resident Parking. All off-street resident parking shall be located within two hundred feet of an entrance to the unit(s) it is designed to serve, f. Guest/visitor Parking (Projects With Twenty-Five or more Dwelling Units). In addition to the required number of covered off-street parking stalls for each unit, .5.25 off-street uncovered parking stalls shall be provided for each unit for visitor parking. g. Guest/visitor Parking (Projects With Less Than Twenty-five Dwelling Units). In addition to the required number of covered.off-street parking stalls for each unit, .7.3 off-street uncovered parking stalls shall be provided for each unit for visitor parking, h. All guest parking spaces should be well-distributed throughout a project and be clearly marked by signing and pavement markings. Directional signs to guest parking should be posted starting at each driveway entrance to a complex. Signing should also be used at each guest parking area indicating the addresses of the closest buildings served by that area;

7.1 Attachment 3 - Redline of Exhibits A through K

560

4. For developments containing five or more units, up to thirty percent of the required uncovered parking stalls may be compact car size;

B. Commercial/Nonresidential Uses. The following requirements will generally apply for all commercial/nonresidential uses in the city:

1. a. Commercial and Service Uses. One off-street parking stall for each two hundred fifty square feet of gross floor area for all buildings and/or uses in the center; b. General Office Uses. One off-street parking stall for each two hundred fifty square feet of gross floor area.

Whenever delineation of specific uses is required, the following standards shall apply:
c. Automobile Washing and Cleaning Establishments, Except Self-Service. Two and one-half parking stalls per washing bay;
d. Self-service Automobile Washer. Two parking stalls for each washing stall; e. Automobile Service and Gas Station. Three parking stalls plus two parking stalls for each service bay;
f. Barbershops or Beauty Parlors. One and one-half parking stalls for each barber chair or beautician station and one parking stall per employee; g. Buildings Used Solely for Coin-operated Laundromats or Dry Cleaning Establishments. One parking stall for each three washing machines, or three plus one parking stalls for each five hundred square feet over one thousand square feet of gross floor area;

7.1 Attachment 3 - Redline of Exhibits A through K

561

h. Commercial Banks, Savings and Loan Offices, and Other Financial Institutions.

One parking stall for each three hundred thirty square feet of gross floor area; i. Contractor’s Storage Yards in Connection With Contractor’s Business; Junkyard, Automobile Wrecking Yard; Storage Yard. Six parking stalls separated from the enclosed storage area;
j. Lumber and General Building Materials Yards. One parking stall for each three hundred square feet of gross floor area for retail sales, plus one parking stall for each one thousand square feet of open area devoted to display (partially covered, by roof, awning, etc.) or sales;
k. Mortuaries and Funeral Homes. One parking stall for every forty-five square feet or fraction thereof of assembly room or gross floor area, plus one parking stall for each vehicle used in the operation of the funeral home or mortuary; l. Motels and Hotels. One parking stall for each guest unit and two parking stalls for resident manager or owner;
m. Motor Vehicle Sales and Automotive Repair, Painting, Body Work or Service.

Minimum of five parking stalls, plus one parking stall per four hundred square feet of gross floor area;
n. Stores Solely for the Sale of Furniture and Appliances. One parking stall for each five hundred square feet of gross floor area;
o. General Retail Stores, Food Stores, Supermarkets, Drugstores. One parking stall for each two hundred fifty square feet of gross floor area.

7.1 Attachment 3 - Redline of Exhibits A through K

562

b. Driving Ranges (Golf). One parking stall per tee, plus the parking stalls required for additional uses on the site, and one parking stall per employee; c. “Pitch and Putt” and Miniature Golf Courses. Three parking stalls per hole, plus the parking stalls required for accessory uses, and one parking stall per employee; d. Skating Rinks, Ice or Roller. One parking stall for each one hundred square feet of gross floor area, plus the parking stalls required for additional uses on the site, and one parking stall per employee;
e. Swimming Pool (Commercial). One parking stall for each one hundred square feet of water surface, plus one parking stall for each employee, but not less than ten parking stalls for any such use;
f. Tennis, Handball and Racquetball Facilities. Three parking stalls for each court, plus the parking stalls required for additional uses on the site, and one parking stall per employee;
g. Amusement Arcades. One parking stall for each two hundred fifty square feet of gross floor area, plus one locking bicycle facility per two amusement games or devices, with a minimum of ten locking bicycle facilities. All bicycle facilities shall be located clear of public walkways and within fifty feet of the main entrance.

One parking stall for each three students, plus one parking stall for each two

7.1 Attachment 3 - Redline of Exhibits A through K

563

members of the faculty and employees (excluding auditoriums and stadiums which must be parked according to subsection B6c of this section); d. Trade Schools, Business Colleges and Commercial Schools. One parking stall for each two student seating or study areas in each classroom, plus one parking stall for each faculty member or employee (excluding auditoriums and stadiums which must be additionally parked according to subsection B6c of this section).

4. Health Uses.
a. Dental Clinics or Offices; Medical Clinics or Offices, Veterinary Hospitals and Clinics. One parking stall for every two hundred square feet of gross floor area, plus one parking stall per employee;
b. Hospitals. One parking stall for each two patient beds. c. Health Studios and Spas. One parking stall for each two hundred thirty square feet of gross floor area and one parking stall per employee. (For the purpose of this subsection, swimming pool area shall be counted as floor area).

7.1 Attachment 3 - Redline of Exhibits A through K

564

One parking stall for each employee on the largest shift, plus one parking stall for each vehicle used in connection with the use. A minimum of ten parking stalls shall be provided for each such use, regardless of building space or number of employees. f. Biopharmaceutical campus developments consisting of office buildings, research and development buildings, laboratory buildings/facilities, and supporting ancillary facilities that are developed and continue to meet the below criteria may be allowed to use a reduced parking ratio for laboratory buildings. The actual parking ratio to be used for laboratory buildings, including ancillary office space and related support space within laboratory buildings used by laboratory scientists and staff, throughout the campus shall be established by the city at the time the general development plan (or an amendment to the general development plan) for the biopharmaceutical campus is approved by the city council. All of the laboratory buildings within the campus shall be subject to the requirements of subsection (D)(1) of this section, with the exception of subsection (D)(1)(c) of this section. The following criteria apply:
i. The entire land area encompassing the biopharmaceutical campus shall be owned or leased and occupied by one biopharmaceutical company, unless the city, in its sole discretion and based on the factors set forth in subsection (B)(5)(f)(vi) of this section, approves the lease or sale of a portion of the biopharmaceutical campus to another entity or entities. ii. The biopharmaceutical campus shall consist of a minimum of thirty acres, contiguous or across the street.
iii. The biopharmaceutical campus shall contain sufficient land area so that at build-out it can support all required parking in either at-grade parking lots or within parking structures.
iv. Once approved by the city as a part of the initial use permit, the use(s) housed within buildings in the biopharmaceutical campus shall not be changed without the prior review, evaluation of parking available to serve the changed use(s), and approval by the city.
v. If the city allows a parking ratio for laboratory buildings within a biopharmaceutical campus that is less stringent than would be required for the

7.1 Attachment 3 - Redline of Exhibits A through K

565

same type of buildings not located within the subject biopharmaceutical campus, such parking ratio shall be recorded with the San Mateo County recorder’s office along with the general development plan approved by the city. The recorded document shall make clear that the reduced parking ratio applies to laboratory buildings in the subject biopharmaceutical campus only and that if removed from the bio-pharmaceutical campus or if title is transferred to another entity, at the discretion of the city, the laboratory buildings may be subject to the parking requirements then in effect for similar buildings in the city that are not located within the subject biopharmaceutical campus. The documents shall be recorded with the San Mateo County recorder’s office such that this information shall be easily detected and routinely included in a standard preliminary title report. vi. No proposed sale or lease of any portion of the biopharmaceutical campus shall close escrow or otherwise be finalized without the prior review and approval of the city, which shall limit its review and approval to the impact of the proposed sale or lease on the ability of the existing and new occupants to meet their off-street parking requirements, both individually and in the aggregate. Any purchase and sale agreement or lease with respect to any portion of the biopharmaceutical campus shall be conditioned upon such city approval; shall specifically identify all land use approvals for the biopharmaceutical campus, including, without limitation, any environmental impact report, mitigation monitoring plan, general development plan, specific development plan or other approval applicable to the biopharmaceutical campus; and shall include an express obligation on the part of the transferee or lessee to abide by all conditions and requirements set forth in such existing land use approvals, including, without limitation, the conditions set forth in any environmental impact report, mitigation monitoring plan, general development plan, specific development plan or other approval applicable to the biopharmaceutical campus.

6. Places of Assembly.
a. Restaurants, Taverns, Lounges and Other Establishments for the Sale and Consumption on the Premises of Food and Beverages. One parking stall for every

7.1 Attachment 3 - Redline of Exhibits A through K

566

forty square feet of public accommodation area, plus one stall per two hundred fifty square feet of remaining area, or one stall per employee, whichever is greater; b. Fast-food Restaurants (With or Without Drive-through). One parking stall for each seventy-five square feet of gross floor area, with a minimum requirement of ten parking stalls, plus a minimum requirement of ten locking bicycle facilities. All bicycle facilities shall be located clear of public walkways and convenient to the main entrance of the use;
c. Auditoriums, Sports Arenas, Stadiums. One parking stall for each three seats, or one parking stall for each thirty-five square feet of gross floor area where there are no fixed seats;
d. Theaters, Movies.
i. Single Screen. One parking stall per three seats, plus one parking stall per employee,
ii. Multi-screen. One parking stall per three seats, plus one parking stall per employee;
e. Libraries. One parking stall for each four hundred square feet of gross floor area; f. Private Clubs, Residential Recreation Buildings, Lodge Halls, Union Headquarters (No Sleeping Facilities). One parking stall for each seventy-five square feet of gross floor area, or one parking stall for each five fixed seats, whichever is greater;
g. Churches and Other Places of Assembly Not Specified Above. One parking stall for each four fixed seats within the main auditorium, or one parking stall for each thirty-five square feet of seating area within the main auditorium where there are no fixed seats; eighteen linear inches of bench shall be considered a fixed seat.

7. Other Uses.
a. Day Nurseries, Including Preschools and Nursery Schools. One parking stall for each staff member, plus one parking stall for each five children.

7.1 Attachment 3 - Redline of Exhibits A through K

567

C. Special Requirements. The following parking requirements are applicable to all commercial/nonresidential uses. Special parking stalls (handicapped, motorcycle, bicycle) shall be closest to the facility for which they are designated in order to encourage their use.

2. Motorcycle. Parking fFacilities with twenty-five or more parking stalls shall provide at least one parking stall as a designated parking area for use by motorcycles.

Developments Parking facilities with over one hundred parking stalls shall provide motorcycle parking at the rate of one percent of the total number of parking stalls provided. Areas delineated for use by motorcycles shall meet standards set forth in subsection C1 of Section 17.62.050.

3. Bicycle parkings.
a. Bicycle parking shall be provided, at a minimum, in an amount equal to:
bUILDING USE sHORT-tERM bICYCLE
pARKING rEQUIREMENTS
lONG-tERM bICYCLE
pARKING rEQUIREMENTS
Residential with private
garage for each unit
One (1) parking space per
ten (10) units for
developments of ten (10) or
more units
None
All other residential One (1) parking space per
ten (10) units for
developments of ten (10) or
more units
1 per unit

7.1 Attachment 3 - Redline of Exhibits A through K

568

bUILDING USE sHORT-tERM bICYCLE
pARKING rEQUIREMENTS
lONG-tERM bICYCLE
pARKING rEQUIREMENTS
Retail and recreation 1 space per 3,000 square
feet of building area within 50
feet of primary building
entrance
1 space per 10,000 square
feet of building area
Office, R&D, and Other
Nonresidential uses
1 space per 8,000 square
feet of building area within 75
feet of primary building
entrance
1 space per 10,000 square
feet of building area
b. The long-term bicycle parking requirement may be reduced by up to fifty percent (50%) with a Transportation Demand Management (TDM) program that includes bicycle sharing, subject to approval of the Community Development Director.

All commercial and office areas, food stores, drugstores and fast-food restaurants shall provide adequate locking facilities for bicycle parking at any location convenient to the facility for which they are designated. Whenever possible, weatherproofing or facility covering should be used.

7.1 Attachment 3 - Redline of Exhibits A through K

569

a. Each drive-through lane shall be separated from the circulation routes necessary for ingress or egress from the property, or access to any parking stall. b. Each drive-through lane shall be striped, marked, or otherwise distinctly delineated.
c. The vehicle-stacking capacity of the drive-through facility and the design and location of the ordering and pickup facilities will be determined by the city, based on appropriate traffic engineering and planning data. The applicant shall submit to the city a traffic study addressing the following issues:
i. Nature of the product or service being offered;
ii. Method by which the order is processed;
iii. Time required to serve a typical customer;
iv. Arrival rate of customers;
v. Peak demand hour;
vi. Anticipated vehicular stacking required.

6. Signs, Markings. Spaces provided for the specific uses as listed above shall be clearly designated through signs, colored lines, etc., all of which must be approved by the city.

D. Optional Provisions. The following may be provided at the option of the developer when applicable to commercial, residential or office off-street parking uses, subject to city approval:

7.1 Attachment 3 - Redline of Exhibits A through K

570

c. The shared parking facility is within three hundred feet of the principal entrance containing the use(s) for which the parking is required; and d. A written agreement between landowner(s) and the city, satisfactory in form and content to the city attorney, is approved by the city. This agreement concerning use and access to parking stalls shall be in the form capable of and subject to being recorded to constitute a covenant running with the land. The agreement shall include:
i. A guarantee that there will be no substantial change in the uses that will create a greater demand for parking,
ii. A guarantee among the landowners for access to and use of the shared parking facilities,
iii. A provision that the city may require parking facilities in addition to those originally approved upon finding by the city council that adequate parking to serve the use(s) has not been provided, and
iv. A provision stating that the city may, with due cause, notice and hearing, unilaterally modify, amend or terminate the agreement at any time.

2. Off-Site Parking Facilities. The city may allow the parking requirements of this chapter to be satisfied through the provision of off-site parking facilities. a. The proposal is in the best interests of the city and does not inhibit the implementation of other city ordinances, policies or plans; b. The off-site parking facility is within three hundred feet of the principal entrance(s) containing the use(s) for which the parking is required or the off-site parking facility containing the use(s) for which the parking is required is served by a shuttle bus system the operations of which are approved by the City and guaranteed by an agreement which is subject to the provisions of subsection “d” below; c. Off-site parking facilities may be shared by more than one use by meeting the shared parking requirements;
d. A written agreement between landowner(s) and the city satisfactory in form and content to the city attorney is approved by the city. This agreement concerning use

7.1 Attachment 3 - Redline of Exhibits A through K

571

and access to parking stalls shall be in a form capable of and subject to being recorded to constitute a covenant running with the land. The agreement shall include:
i. A guarantee that there will be no substantial change in the uses that will create a greater demand for parking.
ii. A guarantee among the landowners for access to and use of the shared parking facilities for the period of time that the off-site parking facilities are needed in order to serve the subject uses.
iii. A provision that the city may require parking facilities in addition to those originally approved upon the making of a finding by the city council that adequate parking to serve the use(s) has not been provided or has not been maintained, and
iv. A provision stating that the city may, with due cause, notice and hearing, unilaterally modify, amend or terminate the agreement at any time.

7.1 Attachment 3 - Redline of Exhibits A through K

572

c. Evidence that employees and/or customers utilize, on a regular basis, transportation alternatives to the automobile.
d. Where transportation systems management techniques are employed and plans approved which reduce the number of required off-street parking stalls for a development, employment site, commercial or office complex, a written agreement between the landowner(s) and the city must be approved. Such written agreement must be satisfactory in form and content to the city attorney, and is subject to planning commission and city council approval. This agreement shall be in a form capable of and subject to being recorded to constitute a covenant running with the land. The agreement shall include:
i. A provision to identify that the position of transportation coordinator is created by the agreement, whose purpose is to insure that the transportation systems management plan is successful. The city will be kept informed regarding who the transportation coordinator is and how he/she may be contacted;
ii. A guarantee that the transportation systems management techniques will not be diminished, suspended, eliminated or in any way be operated at a lower level of effort on the part of the parties identified as responsible for the implementation of these techniques in the transportation systems management plan without prior city approval;
iii. Provision for an annual report to the city reviewing the past year’s efforts to encourage employees and customers to use transportation systems management techniques, and an accounting of the number of employees and customers actually and regularly employing the techniques to and from the site.

Such report will also update that section of the plan outlining efforts to increase employee and customer participation in the transportation systems management program during the coming year;
iv. A provision that the city, acting with due cause, notice, and at a public hearing, may unilaterally amend or terminate the agreement at any time, thereby requiring the landowner to construct an adequate amount of off-street parking

7.1 Attachment 3 - Redline of Exhibits A through K

573

that meets the requirements of the existing parking ordinance at the time the project was constructed.

4. Credit for Bicycle and Motorcycle Parking in Commercial and Industrial Districts.

Where bicycle spaces or motorcycle spaces are provided for uses in commercial and industrial districts in excess of the amount of bicycle and/or motorcycle parking otherwise required, parking stalls otherwise required pursuant to this chapter may be omitted in accordance with the following provisions and subject to the following limitations:
a. One parking stall may be omitted for each eight bicycle spaces provided (see Sections 17.62.050 C2 and 17.62.060 C3 for requirements); b. One parking stall may be omitted for each two motorcycle spaces provided (see Sections 17.62.050 C1 and 17.62.060 C2 for requirements); c. In no instance shall credit for motorcycle or bicycle parking or combination thereof exceed five percent of the total required parking stalls.

5. Parking In-lieu Fees. The city may allow the parking requirements of this chapter to be satisfied through the payment of parking in-lieu fees.
a. In commercial, service and office districts where it can be demonstrated that the reasonable and practical development of property precludes the provision of required off-street parking, the city council, upon recommendation of the planning commission, may permit the off-street parking requirements for the use to be satisfied by the payment to the city of a sum equivalent to the estimated, normal, current cost of providing required off-street parking to serve the contemplated use. Any off-street parking satisfied in this manner shall run with the land, and any subsequent change of use which requires more parking shall require subsequent action to satisfy the additional parking requirement. No refund of such payments shall be made when there is a change to a use requiring less parking. Such payment shall be made to the city in one lump sum prior to the issuance of a building permit and/or business license.
b. The amount of payment for each required parking space shall be fixed by resolution adopted from time to time by the city council. Funds derived from such

7.1 Attachment 3 - Redline of Exhibits A through K

574

payments shall be deposited by the city in a special fund, and shall be used and expended exclusively for the purpose of planning, designing, acquiring and developing off-street parking facilities located, insofar as practical, in the general vicinity of the property for which the in-lieu payments were made.

17.62.070 Basic regulations for off-street loading and unloading spaces.

A. Unless waived or modified by the planning commission, every use shall have permanently maintained off-street loading and unloading spaces, as follows. Such off-street loading and unloading spaces shall be exclusive of driveways, setbacks and public rights-of-way, and shall be designed so that parking maneuvers for loading or unloading shall not interfere with traffic on collector or thoroughfare streets, or emergency vehicle accessways.

B. Off-street loading and unloading spaces shall be provided subject to the provisions of this chapter for:

1. Any new commercial/office, service, industrial or wholesale building constructed;

2. Any new commercial/office, service, industrial or wholesale use established;

3. Any addition or enlargement of an existing commercial/office, service, industrial or wholesale building or use;

5. Any new residential building containing 100 or more dwelling units.

D. All off-street loading/unloading spaces and areas shall be designed, landscaped and maintained in a manner such that they are fully integrated with the design and landscape of any required off-street parking, unless such loading/unloading spaces are located away from off- street parking areas and out of the public view. Off-street loading/unloading spaces located

7.1 Attachment 3 - Redline of Exhibits A through K

575

away from off-street parking and out of the public view shall be regularly maintained and kept free of trash and litter.

E. Required off-street loading/unloading spaces shall not be used to satisfy required off-street parking.

F. No motor vehicle repair work or service of any kind shall be permitted in areas designated for loading and unloading purposes.

G. All loading shall take place on the site where the delivery is to be made, and freight- handling doors and facilities shall be oriented to legal off-street loading spaces, not to street or curb parking.

H. Freight-handling docks shall be so located as to permit free use of aisles, driveways, and sidewalks during freight loading/unloading operations.

J. All required off-street loading/unloading spaces shall be provided prior to the issuance of a certificate of occupancy.

K. All required off-street loading/unloading spaces shall be posted as an enforced “tow-away” zone for vehicles violating this section. Signs posting the area as a tow-away zone shall be designed in conformance with Division 11, Chapter 10 of the California State Vehicle Code.

L. The public works and community development department shall recommend off-street loading/unloading space requirements for any land use not mentioned in this chapter, subject to planning commission review and approval.

17.62.080 Design guidelinesstandards.

7.1 Attachment 3 - Redline of Exhibits A through K

576

B. No off-street loading/unloading space shall be located within twenty-five feet of a property in the R-1 or R-1/PD district.

17.62.090 Loading/unloading space requirements.

A. Commercial/Office/Service Uses. All freestanding (i.e., not located in a shopping center) commercial, office or service uses shall provide a minimum of one loading/unloading space.

Freestanding commercial, office or service uses greater than five thousand square feet of gross leasable area shall provide loading/unloading space at a ratio of one space per fifty thousand square feet of gross leasable area, up to a maximum of five spaces.

B. Shopping Centers.

C. Industrial, Wholesale, Manufacturing and Like Uses. All industrial, wholesale, manufacturing and like uses shall provide a minimum of one loading/unloading space. In addition, all industrial, wholesale, manufacturing and like uses containing greater than ten thousand square feet of gross leasable area shall provide one loading/unloading space at a ratio of one space per ten thousand square foot of gross leasable area, up to a maximum of five loading/unloading spaces. Thereafter, one loading space per fifty thousand square feet of gross leasable area shall be required.

7.1 Attachment 3 - Redline of Exhibits A through K

577

D. Residential Use of 100 or more Dwelling Units Per Building. All residential buildings containing 100 or more dwelling units shall provide one loading/unloading space.

17.62.095 Passenger drop-off zone requirements.

A. A minimum of one passenger drop-off zone shall be provided for the following:

1. Any new commercial, hotel, or office building constructed of 40,000 square feet or larger;

2. Any change in occupancy of any commercial or office building or the manner in which any use is conducted that would result in additional occupancy limits.

3. Any new residential building containing 50 or more dwelling units.

17.62.100 Relief from the provisions of this chapter.

A. Parking Variance. With the exception of projects located in a planned development (PD) district, an applicant may apply to the planning commission for a variance from the off-street parking and/or loading space requirements in order to be relieved of providing the usual off- street parking and/or loading spaces required of a particular land use or set of land uses.

B. In reaching its decision, the planning commission shall require a review of the total off- street parking and/ or loading space needs of the proposed project, and an analysis of the request for a variance from such usual requirements. This analysis shall be conducted by a qualified traffic-engineering firm paid by the applicant and selected by the city, and shall include information regarding:

1. Justification for the variance;

2. Potential impacts caused by the requested variance (on-site and in the surrounding area);

3. Required mitigation (if necessary).

C. In reaching its decision, the planning commission shall be free to consider any other information it deems necessary and appropriate.

7.1 Attachment 3 - Redline of Exhibits A through K

578