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).
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.
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.
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 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, 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, 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, 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
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.
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
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:
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