Agenda packet — Foster City City Council, January 16, 2024 (part 1 of 2)

CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

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

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

To Observe the Meeting via Teleconference/Video Conference:

To access the meeting by computer / smartphone, go to: https://fostercityorg.zoom.us/j/82592136594 To dialin via phone:
16694449171 or
14086380968
And enter Webinar ID: 825 9213 6594
To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:

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

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

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

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

AGENDA
Tuesday, January 16, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.

Information may be received, placed on a future agenda, or referred to the appropriate City staff. FCMC 2.08.240 Addressing the Council. "...Each person desiring to address the Council shall step up to the public rostrum after being recognized to speak by the presiding officer, shall state his/her name and address for the record, state the subject he/she wishes to discuss, state who he/she is representing if he/she represents an organization or other persons and, unless further time is granted by majority vote of the Council, shall limit his/her remarks to three minutes. The City Council may vary the time limit for any speaker, if it deems this necessary." Speakers may join the Zoom meeting via the meeting link and using the “raise hand” feature and the Zoom host will call on people.

5. CITY/EMID CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine by the City Council/EMID Board of Directors and will be enacted by one motion unless removed by a member of the Council/Board, staff, or public. There will be no separate discussion on these items unless a citizen or a Council/Board member so requests.

This section includes minutes, ordinances for adoption, resolutions for adoption, and other business as needed. If discussion is required, that item will be removed from the Consent Calendar and will be considered separately after approval of the remaining items on the Consent Calendar. Vote may be by roll call.

5.1. City/EMID Regular Meeting Minutes of December 18, 2023

5.2. 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) RZ20210001 (First Reading December 18, 2023)
a) Adopt Ordinance

5.3. An Ordinance of the City of Foster City Amending Title 17, “Zoning” Making Revisions to Various Chapters Including 17.12 R1 Single Family Residence District; 17.04 Definitions; 17.14 R2 Two Family Residence District; 17.16 RT Townhouse Residence District; 17.18 R3 Medium Density Multiple Family Residence District; 17.20 R4 High Density MultipleFamily Residence District; 17.26, C2 General Business District; 17.28 CM Commercial Mix District; 17.36 PD Planned Development Combining District; 17.58 Architectural Control and Supervision; and 17.62 OffStreet Parking Regulations and Finding That the Proposed Amendments to Title 17 Are Exempt Under California Environmental Quality Act (CEQA) Guidelines Section 15061(B)(3) RZ20210001 (First Reading December 18, 2023) a) Adopt Ordinance

5.4. A Resolution of the City Council of the City of Foster City Authorizing the City Manager to Apply for and Submit the Application Package to San Mateo County for Grant and/or Loans Through the San Mateo County FY 202425 Housing Assistance Loan and Grant Program, Including Commitment of Any Necessary Matching Funds Up to $76,800 in Staff Costs and $135,000 in Affordable Housing Funds, and Find the Project Exempt From the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3)
a) Staff Report
b) Adopt Resolution

5.5. a) A Resolution of the City Council of the City of Foster City Authorizing a Second Amendment to the Agreement Between City of Foster City and Foster City Village, Inc. Extending the Term From January 1, 2024 Through December 31, 2024, With Additional Optional Extensions Through June 30, 2026, for the Use of Cityowned Office and Meeting/classroom Space, I.T.

Services and Equipment at the Community Center; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing a Second Amendment to the Agreement Between Estero Municipal Improvement District and Foster City Village, Inc.

Extending the Term From January 1, 2024 Through December 31, 2024, With Additional Optional Extensions Through June 30, 2026, for the Use of City owned Office and Meeting/classroom Space, I.T. Services and Equipment at the Community Center
c) Staff Reports
d) Adopt Resolutions

5.6. a) A Resolution of the City Council of the City of Foster City Approving and Adopting the Amended Fiscal Year 20232024 Pay Plan Effective January 1, 2024; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving and Adopting the Amended Fiscal Year 20232024 Pay Plan Effective January 1, 2024
c) Staff Report
d) Adopt Resolutions

6. NEW BUSINESS

6.1. Consideration of Foster City Council Liaisons List Dated January 16, 2024 a) Action – By Minute Order, Approve List

6.2. Recreation Center Rebuild Project (CIP 301678) – Project Budget Update a) Staff Report
b) Action – By Minute Order, Receive and Accept Report and Provide Policy Direction

7. REPORTS

7.1. Update on the City of Foster City’s Agefriendly City Initiative Three (3) Year Action Plan
a) Staff Report
b) Action – by Minute Order, Receive and Accept Report

8. ORDINANCES FOR INTRODUCTION

8.1. An Ordinance of the City of Foster City Repealing and Replacing Chapter

6.04 (Animal Control) of Title 6 of the Foster City Municipal Code to Clarify Existing Definitions, Enact Additional Requirements for Animal Control, and Revise Animal Control Service Fees; and Find Introduction of Ordinance Exempt from Review Under the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule Exemption) a) Staff Report
b) Action –
i) Introduce Ordinance by title only, by motion waive further reading ii) By motion, pass ordinance to second reading

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on December 14, 2023, December 15, 2023, December 27, 2023, January 4, 2024, and January 5, 2024, and ACH were processed on January 5, 2024 a) Information Item Only
b) No Action Required

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

11. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 or [email protected] at least 48 hours in advance of the meeting. The City has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility.

That procedure for receiving and resolving requests for accommodation is available at the City Clerk’s Office. All meetings are conducted in a manner consistent with applicable civil rights and nondiscrimination laws.

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

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

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

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

1 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Tuesday, January 16, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.

5.1. City/EMID Regular Meeting Minutes of December 18, 2023

6. NEW BUSINESS

6.1. Consideration of Foster City Council Liaisons List Dated January 16, 2024 a) Action – By Minute Order, Approve List

6.2. Recreation Center Rebuild Project (CIP 301678) – Project Budget Update a) Staff Report
b) Action – By Minute Order, Receive and Accept Report and Provide Policy Direction

7. REPORTS

7.1. Update on the City of Foster City’s Agefriendly City Initiative Three (3) Year Action Plan
a) Staff Report
b) Action – by Minute Order, Receive and Accept Report

8. ORDINANCES FOR INTRODUCTION

8.1. An Ordinance of the City of Foster City Repealing and Replacing Chapter

9. COMMUNICATIONS

11. ADJOURNMENT
The public is invited to attend.

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

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

2 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Tuesday, January 16, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.

5.1. City/EMID Regular Meeting Minutes of December 18, 2023

6. NEW BUSINESS

6.1. Consideration of Foster City Council Liaisons List Dated January 16, 2024 a) Action – By Minute Order, Approve List

6.2. Recreation Center Rebuild Project (CIP 301678) – Project Budget Update a) Staff Report
b) Action – By Minute Order, Receive and Accept Report and Provide Policy Direction

7. REPORTS

7.1. Update on the City of Foster City’s Agefriendly City Initiative Three (3) Year Action Plan
a) Staff Report
b) Action – by Minute Order, Receive and Accept Report

8. ORDINANCES FOR INTRODUCTION

8.1. An Ordinance of the City of Foster City Repealing and Replacing Chapter

9. COMMUNICATIONS

11. ADJOURNMENT
The public is invited to attend.

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

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

3 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Tuesday, January 16, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.

5.1. City/EMID Regular Meeting Minutes of December 18, 2023

6. NEW BUSINESS

6.1. Consideration of Foster City Council Liaisons List Dated January 16, 2024 a) Action – By Minute Order, Approve List

6.2. Recreation Center Rebuild Project (CIP 301678) – Project Budget Update a) Staff Report
b) Action – By Minute Order, Receive and Accept Report and Provide Policy Direction

7. REPORTS

7.1. Update on the City of Foster City’s Agefriendly City Initiative Three (3) Year Action Plan
a) Staff Report
b) Action – by Minute Order, Receive and Accept Report

8. ORDINANCES FOR INTRODUCTION

8.1. An Ordinance of the City of Foster City Repealing and Replacing Chapter

9. COMMUNICATIONS

11. ADJOURNMENT
The public is invited to attend.

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

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

4 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Tuesday, January 16, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.

5.1. City/EMID Regular Meeting Minutes of December 18, 2023

6. NEW BUSINESS

6.1. Consideration of Foster City Council Liaisons List Dated January 16, 2024 a) Action – By Minute Order, Approve List

6.2. Recreation Center Rebuild Project (CIP 301678) – Project Budget Update a) Staff Report
b) Action – By Minute Order, Receive and Accept Report and Provide Policy Direction

7. REPORTS

7.1. Update on the City of Foster City’s Agefriendly City Initiative Three (3) Year Action Plan
a) Staff Report
b) Action – by Minute Order, Receive and Accept Report

8. ORDINANCES FOR INTRODUCTION

8.1. An Ordinance of the City of Foster City Repealing and Replacing Chapter

9. COMMUNICATIONS

11. ADJOURNMENT
The public is invited to attend.

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

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

5 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Tuesday, January 16, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.

5.1. City/EMID Regular Meeting Minutes of December 18, 2023

6. NEW BUSINESS

6.1. Consideration of Foster City Council Liaisons List Dated January 16, 2024 a) Action – By Minute Order, Approve List

6.2. Recreation Center Rebuild Project (CIP 301678) – Project Budget Update a) Staff Report
b) Action – By Minute Order, Receive and Accept Report and Provide Policy Direction

7. REPORTS

7.1. Update on the City of Foster City’s Agefriendly City Initiative Three (3) Year Action Plan
a) Staff Report
b) Action – by Minute Order, Receive and Accept Report

8. ORDINANCES FOR INTRODUCTION

8.1. An Ordinance of the City of Foster City Repealing and Replacing Chapter

9. COMMUNICATIONS

11. ADJOURNMENT
The public is invited to attend.

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

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

6 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF December 18, 2023

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of December 18, 2023 of the City Council of the City of Foster City, sitting as said Council and as ex officio the Board of Directors of the Estero Municipal Improvement District (EMID), was called to order at 6:30 p.m. by Mayor/President Sullivan.

This meeting was held as a hybrid meeting.

ROLL CALL
The Communications Director/City Clerk/Recording Secretary called the roll:

PRESENT: Councilmembers/ex officio Directors Jon Froomin, Sam Hindi, Stacy Jimenez, Art Kiesel, and Mayor/President Patrick Sullivan.

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager; Marlene Subhashini, Assistant City/District Manager; Denise Bazzano, Assistant City Attorney/District Legal Counsel; Sofia Mangalam, Community Development Director; Andrew Brozyna, Public Works Director; Diane Pitman, Administrative Services Director; Tracy Avelar, Police Chief; Derek Schweigart, Parks and Recreation Director; Mark Lee, Police Lieutenant; Marcus Terry, Police Corporal; Waqas Hassan, Assistant Finance Director; Leslie Carmichael, Consulting Planner; Frank Fanara, Parks Manager; Laura Galli, Engineering Manager; Rob Lasky, IT Manager; Katherine Mendoza, Deputy City Clerk; Amy Zhou, Assistant Engineer; Shuli Chen, Video Technician; and Communications Director/City Clerk, Priscilla Schaus.

SPECIAL PRESENTATIONS
PRESENTATION OF CERTIFICATE TO GRAYSON T. AS PART OF THE 2024 HIP HOUSING FOSTER CITY CALENDAR CONTEST.

Councilmember Hindi presented the Certificate of Recognition to Grayson T. LaTisa Brooks, HIP Housing Board Member, presented the HIP Housing 2024 Calendar.

PUBLIC

5.1 5.1 Minutes

7 The following addressed the City Council via email:

1. Ajay Kela regarding waste management; and

2. Jack Haber regarding estimates for bidding projects.

Steve Weiss addressed the City Council in person regarding world issues.

CONSENT CALENDAR
Motion by Vice Mayor/Vice President Jimenez, seconded by Councilmember/Director Kiesel, and carried unanimously, 5-0-0, approving the following items on the City/District Consent Calendar:

City/EMID Consent Calendar

1. City/EMID Regular Meeting Minutes of November 20, 2023;

2. City/EMID Regular Meeting Minutes of December 4, 2023;

3. City Ordinance No. 671, “An Ordinance of the City of Foster City Making Text Amendments to Title 17, “Zoning” of the Foster City Municipal Code Chapter 17.90, “Below Market Inclusionary Housing Program” and Finding the Amendments Exempt from the California Environmental Quality Act Pursuant to CEQA Guideline Section 15061(B)(3) – RZ2023-0008 (First Reading November 20, 2023);”

4. City Ordinance No. 672, “An Uncodified Ordinance of the City of Foster City Approving Solid Waste Rates for a Four-year Period of Calendar Years 2025 Through 2028, Increasing the Monthly Residential Collection Rates by No More Than $4.47 in Rate Year 2025, $4.98 in Rate Year 2026, $4.19 in Rate Year 2027, and $4.35 in Rate Year 2028 and Increasing Fees for Unscheduled Services Up to 6.0% Per Year From Rate Years 2025 Through 2028 (First Reading on November 20, 2023);”

5. City Resolution No. 2023-115, “A Resolution of the City Council of the City of Foster City Recommending City Council Approving Revisions to BMR Administrative Procedures and Guidelines (BMR Guidelines) and Finding the Amendments Exempt from the California Environmental Quality Act Pursuant to CEQA Guideline Section 15061(B)(3) - RZ2023-0008;”

6. City Resolution No. 2023-116, “A Resolution of the City Council of the City of Foster City Authorizing the City Manager to Issue a Request for Proposal/Qualifications for the Development of a Parks Master Plan (CIP 301- 682);”

7. City Resolution No. 2023-117, “A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Contract Amendment No. 1 in the Amount of $21,300 with Cagwin and Dorward Inc. for Expanded Scope of Work for Restoration of Gateshead Park and Finding the project categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15304;”

8. City Resolution No. 2023-118, “A Resolution of the City Council of the City of Foster City Approving a Supplemental Appropriation of $123,286 to Account

5.1 5.1 Minutes

8 Number 003-0534-451-4251 in FY 2023-2024 for Youth Camps Contract Services;”

9. City Resolution No. 2023-119, “A Resolution of the City Council of the City of Foster City Appropriating $573,629.00 to Account No. 301-0910-635-4251 and Appropriating $1,549,000.00 to Account No. 301-0910-637-4251 for the Construction of Median Modifications-Foster City Blvd. at Chess Drive- MP#3 (CIP 301-635) and Road Improvements at Foster City Blvd at Chess Drive – MP #4, #7, And #8 (CIP 301-637) and Finding the Approval Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines 15301(B);”

10.City Resolution No. 2023-120, “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;”

11.EMID Resolution No. 3749, “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;”

12.City Resolution No. 2023-121, “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;”

13.EMID Resolution No. 3750, “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;”

14.City Resolution No. 2023-122, “A Resolution of the City Council of the City of Foster City Accepting the Annual Development Impact Fee and Capacity Fee Report for Fiscal Year 2022-2023;”

15.EMID Resolution No. 3751, “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;” and

16.Minute Order No. 1952, “Receiving and Accepting the Update on Progress on Amending the Business License Tax Ordinance and Potential Business License Tax Ballot Measure.”

ITEM REMOVED FROM CONSENT CALENDAR
ACCEPTING AND ADOPTING THE SPEED LIMITS IN THE 2023 ENGINEERING AND TRAFFIC SURVEY (E&TS OR ‘SPEED SURVEY’) AND DIRECTING STAFF TO FILE THE 2023 E&TS WITH THE TRAFFIC COMMISSION. CITY RESOLUTION NO. 2023- 123.

5.1 5.1 Minutes

9 Without objection from the City Council, Mayor Sullivan removed this item from the Consent Calendar at the request of Councilmember Froomin.

Discussion ensued.

Motion by Councilmember Froomin, seconded by Vice Mayor Jimenez, and carried unanimously, 5-0-0, adopting City Resolution No. 2023-123, “A Resolution of the City Council of the City of Foster City Accepting and Adopting the Speed Limits in the 2023 Engineering and Traffic Survey (E&TS or ‘Speed Survey’) and Directing Staff to File the 2023 E&TS with the Traffic Commission” with edits to the Speed Survey regarding the speed limit justifications on location 4, Beach Park Boulevard from Polaris Avenue to Edgewater Boulevard.

PUBLIC HEARINGS
AMENDMENTS TO TITLE 17, “ZONING”, ADDING CHAPTER 17.96 MULTIFAMILY

AND RESIDENTIAL MIXED USE OBJECTIVE DESIGN AND DEVELOPMENT

STANDARDS, AND MAKING REVISIONS TO VARIOUS CHAPTERS TO SUPPORT

MULTIFAMILY AND RESIDENTIAL MIXED USE OBJECTIVE DESIGN AND DEVELOPMENT STANDARDS (RZ2021-0001) AND FINDING THE AMENDMENTS

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINE SECTION 15061(B)(3).

Planning Consultant Leslie Carmichael presented the staff report.

Mayor Sullivan opened a public hearing to hear and consider comments regarding the amendments to Title 17, “Zoning”, adding Chapter 17.96 Multifamily and Residential Mixed Use Objective Design and Development Standards, and making revisions to various chapters to support multifamily and residential mixed use objective design and development standards (RZ2021-0001) and finding the amendments exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3).

Kate Valentine addressed the City Council via teleconference.

Without objection from the City Council, Mayor Sullivan closed the public hearing.

Discussion ensued.

Motion by Vice Mayor Jimenez, seconded by Councilmember Hindi, and carried unanimously by roll call vote, 5-0-0, to introduce the ordinance by title and waive further reading, and pass to second reading “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)

5.1 5.1 Minutes

10 Guidelines Section 15061(B)(3) - RZ2021-0001,” and to include the following amendments:

1. Common open green areas located on roof surfaces at the second floor or higher and subject to standards shall receive a 50% area credit counted towards the required minimum open green area;

2. Common open green areas located on raised courtyards at the ground floor and subject to standards shall receive a 100% area credit counted towards the required minimum open green area;

3. Exclude synthetic turf from being counted toward planted areas; and

4. Include language regarding the exclusion of polyfluoroalkyl substances (PFAs) in the infill medium used for synthetic turf installation.

Motion by Councilmember Froomin, seconded by Vice Mayor Jimenez, and carried unanimously by roll call vote, 5-0-0, to introduce the ordinance by title and waive further reading, and pass to second reading “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.”
Motion by Councilmember Froomin, seconded by Vice Mayor Jimenez, and carried unanimously, 5-0-0, to reconsider the motion to introduce the ordinance by title and waive further reading, and pass to second reading “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.”
Mayor Sullivan reopened a public hearing to hear and consider comments regarding the amendments to Title 17, “Zoning”, adding Chapter 17.96 Multifamily and Residential Mixed Use Objective Design and Development Standards, and making revisions to various chapters to support multifamily and residential mixed use objective design and development standards (RZ2021-0001) and finding the amendments exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3).

Without objection from the City Council, Mayor Sullivan closed the public hearing.

Discussion ensued.

5.1 5.1 Minutes

11 Motion by Councilmember Froomin, seconded by Vice Mayor Jimenez, and carried unanimously by roll call vote, 5-0-0, to introduce the ordinance by title and waive further reading, and pass to second reading “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,” and include the following amendments:

1. Common open green areas located on roof surfaces at the second floor or higher and subject to standards shall receive a 50% area credit counted towards the required minimum open green area;

2. Common open green areas located on raised courtyards at the ground floor and subject to standards shall receive a 100% area credit counted towards the required minimum open green area;

3. Exclude synthetic turf from being counted toward planted areas;

4. Include language regarding the exclusion of polyfluoroalkyl substances (PFAs) in the infill medium used for synthetic turf installation; and

5. The maximum distance from the farthest unit to the interior trash room shall be 200 feet.

REPORTS
RECREATION CENTER REBUILD PROJECT (CIP 301-678) – DESIGN DEVELOPMENT PROJECT UPDATE. MINUTE ORDER NO. 1953.

Parks and Recreation Director Schweigart introduced Dawn Merkes and Jonathan Hartman, representing Group 4 Architecture, who presented the staff report.

The following people addressed the City Council in person:

1. Larry Moskovitz;

2. Karen Epstein;

3. Gary Dababo; and

4. Ofer Y.

Pam and Susan Lessen addressed the City Council via teleconference.

Discussion ensued.

Motion by Councilmember Froomin, seconded by Councilmember Hindi, and carried unanimously, 5-0-0, adopting Minute Order No. 1953, to receive and accept the Design Development Project Update for the Recreation Center Rebuild Project.

RESOLUTIONS FOR ADOPTION
RATIFY AND APPROVE THE AUDITED FISCAL YEAR 2023-23 ANNUAL

COMPREHENSIVE FINANCIAL REPORT (ACFR) AND OTHER AUDIT COMPLIANCE

5.1 5.1 Minutes

12 REPORTS AND THE FISCAL YEAR 2022-23 WARRANT REGISTERS IN THE FROM OF THAT ACFR. CITY RESOLUTION NO. 2023-124. EMID RESOLUTION NO. 3752.

Finance Director Suen presented the staff report.

Discussion ensued.

Motion by Vice Mayor/Vice President Jimenez, seconded by Mayor/President Sullivan, and carried unanimously, 5-0-0, adopting City Resolution No. 2023-124, “A Resolution of the City Council of the City of Foster City Ratifying and Approving the Audited Fiscal Year 2022-23 Annual Comprehensive Financial Report (ACFR) and Other Audit Compliance Reports and the Fiscal Year 2022-23 Warrant Registers in the Form of That ACFR” and EMID Resolution No. 3752, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Ratifying and Approving the Audited Fiscal Year 2022-23 Annual Comprehensive Financial Report (ACFR) and Other Audit Compliance Reports and the Fiscal Year 2022-23 Warrant Registers in the Form of That ACFR,” including the staff recommended changes.

OLD BUSINESS
2024 STATE LEGISLATIVE PLATFORM AND POLICY. MINUTE ORDER NO. 1954.

Assistant City Manager Subhashini presented the staff report.

Discussion ensued.

Motion by Councilmember Froomin, and seconded by Councilmember Kiesel, and carried unanimously, 5-0-0, adopting Minute Order No. 1954, approving the 2024 State Legislative Platform and Policy, and directing staff to amend section “Land Use Planning and Housing”, item 2 to say “Support housing measures that promote the preservation of existing affordable housing and development of new affordable housing while monitoring and evaluating measures which will impact local decision-making authority.”

COMMUNICATIONS
CITY/DISTRICT WARRANT OF DEMANDS. NO ACTION TAKEN.

City/District Warrants of Demands were Processed and Issued on November 15, 2023, November 30, 2023, and December 5, 2023, and ACH were processed on December 5, 2023.

CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND

REQUESTS, AND COUNCIL LIAISON REPORTS
RECESS. The meeting recessed at 8:47 p.m. and reconvened at 8:55 p.m.

5.1 5.1 Minutes

13 REQUEST TO PLACE AN ITEM ON A FUTURE AGENDA BY COUNCILMEMBER SAM

HINDI REGARDING A RESOLUTION FOR CEASEFIRE IN GAZA AND RELEASE OF HOSTAGES.

The following people addressed the City Council via email:

1. Savannah Liu;

2. Kamal Kolluri;

3. Marc Bender;

4. Nicole Barr;

5. Jennifer Hepler;

6. Sophie Peachey;

7. Steven Stupp;

8. Sonny Kotler;

9. Tali Kreindler;

10.David Miles Goldstein;

11.Tamir Meiri;

12.Ola Joudeh;

13.Sarah Blake;

14.JK;

15.SK;

16.Yedida Kanfer;

17.Steve Weiss;

18.Shamsuddin Alamgir and Nasima Akhtar;

19.Nadine Makki;

20.Jesykah Forkash Sarkissian and Arin Sarkissian;

21.Michelle Booth;

22.Nadav Benbarak;

23.Sigalle Michael;

24.Rabbi Laurie Matzkin;

25.Renne Prosen;

26.Malika Khemici;

27.Oleg Ivanov;

28.Irene Moff;

29.Dee;

30.Daniel Kreindler;

31.Tali Kreindler;

32.Melissa Chan;

33.Mina Bressler;

34.Yaron Naveh;

35.Ido Josef;

36.Sharon Paz;

37.Naya Abulebdeh;

38.Razan Dababo;

39.K Hutchinson;

40.Davida Rabbino;

41.Kandy O’Mara;

5.1 5.1 Minutes

14 42.Ran;

43.Nikki Raab;

44.Yifah Yaron;

45.Michelle Goldstein;

46.Yelena Guttman;

47.David Malek;

48.Matt Blumberg;

49.Dana Harduf;

50.Marla Sofer;

51.Yotvat Marmor;

52.Nani Friedman;

53.Rick Holbrook;

54.Mikey Carla;

55.Leya Leydiker;

56.Neta Hamou;

57.Otra El Miaari;

58.Shani Baron;

59.Edna Aphek;

60.Andrew Nemiccolo;

61.Iris Cohen; and

62.Jerome Lerman.

The following people addressed the City Council in person:

1. Larry Moskovitz;

2. Tamir Meiri;

3. Jordan Shenker;

4. Doron Shapira;

5. Ofer Yizhar Barnon;

6. Ofer Y;

7. Daniela Pottruck;

8. Noemi Avram;

9. Hen Prizant;

10.Karen Epstein;

11.David Malek;

12.Gary Dababo;

13.Shaheer Khan;

14.Sharon Golan-Paz;

15.Steve Weiss;

16.Jason Pollard;

17.Omar Khemici;

18.Nadin Mayblum-Boaz;

19.Ron Petel;

20.Jessica Rosenbaum;

21.Laurie Matzkin;

22.Dee Blumberg;

5.1 5.1 Minutes

15 23.Sigalle Michael;

24.Marvin Goodman;

25.Efraim Michael;

26.Natasha Kehimkar;

27.Scott Abramson;

28.Linda Oberstein;

29.Yifah Yaron;

30.Jessica Forkash Sarkissian;

31.Nicole Barr;

32.Irene Moff;

33.Lionel Engelmen;

34.Brian Kirshner;

35.Stephen Moff;

36.Natasha Beilin;

37.Simone Beilin;

38.Daniel Kreindler;

39.Kim S.;

40.Ariel Beliak;

41.Rita Rubine;

42.Sage W.;

43.Nadine M;

44.Musa Tariq;

45.Kamilah Albahri;

46.Justin Fang;

47.Joy Shmueli;

48.Phoebe Shin Venkat;

49.Marla Sofer;

50.Joelle Kaufman;

51.Rinad Hawit;

52.Rae Abileah;

53.Vladimir Svetov;

54.Rami Asia;
RECESS. Meeting recessed at 10:15 p.m. and reconvened at 10:21 p.m.

55.Abdullah Al-Shehabi;

56.Fadi F. Al-Jadaa;

57.Ateyeh Ateyeh;

58.Salim Qaru;

59.Elliot Helman;

60.Yotvat Marmor;

61.Rami Barqaw;

62.Samaher Bayyari;

63.Ahmed Mostafa;

64.Rana Zabaneh;

65.June Bell;

5.1 5.1 Minutes

16 66.Zach Klieman;

67.Aisha Wahab;

68.Nadia Hararah;

69.Vee Azar;

70.Wesam Dawah;

71.Husein Dawah;

72.R.M. Karr;

73.Batool Zaro;

74.Olga Strongn;

75.Michelle Goldstein;

76.Nicole George;

77.Saba Tauqiz;

78.Jaanisar Khan;

79.Sela Kehinkar-Lau;

80.Taia Ateyeh;

81.Antif Shah;

82.Daniel Haner;

83.Oded Haner;

84.Zaineb Qazwini;

85.Razan Dababo;

86.Irina Belebrev;

87.Udi Hoffman;

88.Izzy Villereale;

89.Sam Mahshi;

90.Alan Zorfas;

91.Yogev Hadad;

92.Shira Mendelevich;

93.Ryan Withop; and

94.Heidy Fetterman.

RECESS. The meeting recessed at 11:09 p.m. and reconvened at 11:16 p.m.

The following people addressed the City Council via teleconference:

1. Maya Bronicki;

2. Maya Falaha;

3. Sonny Kotler;

4. Yedida;

5. Sarah;

6. Amir;

7. Elard Lanuh;

8. Neda;

9. VG;

10.#ceasefirenow;

11.Hibah;

12.Dima;

5.1 5.1 Minutes

17 13.Eihab;

14.Yelena Guttman;

15.Maia Elder-Kadar;

16.Rami Sultan;

17.Ahmad;

18.Kian;

19.Christine Hunt;

20.Rima Devy;

21.Elina Kaplan;

22.Syed H;

23.Marwa;

24.Yusuf Kurniawan;

25.Sufia Mahmood;

26.Abid El-Miaari;

27.Laila;

28.Basem;
Motion by Councilmember/Director Froomin, seconded by Mayor/President Sullivan, and carried unanimously, 5-0-0, to continue the Council meeting past midnight.

29.Basma Edrees;

30.Henry;

31.Pam T.;
RECESS. The meeting recessed at 11:56 p.m. and reconvened at 12:00 a.m.

32.Nasser;

33.Syed H;

34.Muhamed H;

35.Sameena Usman;

36.Kim;

37.Simona;

38.Nader Khouri;

39.Marion;

40.Sami;

41.Mimi;

42.Andrew Nemiccolo;

43.Yeni Oh;

44.Stephanie Nasser;

45.Sohaib Qadri;

46.Annie O’Donnell;

47.Michael Sanford;

48.Omari;

49.Susan Lessin;

50.Leya Leydiker;

51.Hani;

5.1 5.1 Minutes

18 52.Zaheer M;

53.Aliza Kazmi;

54.Haneen;

55.Shadi Zakkak;

56.Adam;

57.Paz;

58.Samy M;

59.Besan;

60.Kamal;

61.Dina;

62.Mina Mahmood;

63.Ed Romano;

64.Misty Weinberg;

65.Jackie Ramirez;

66.Anat Ronen;

67.Alanna Milken;

68.Subu TK;

69.Otra E;

70.Asna;

71.AS;

72.ND;

73.Eli Fooksman;

74.Gilli Yahalom;

75.Rima Khouri;

76.Russel Lee;

77.Vanessa;

78.Adam;

79.Eyyad;

80.Leo Segal; and

81.Amal Shenaku.

Discussion ensued.

Motion by Councilmember Hindi, and failed due to the lack of a second, to agendize a Resolution for Ceasefire in Gaza and Release of Hostages at a future Council meeting.

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Sullivan adjourned the meeting. Meeting adjourned at 1:30 a.m.

5.1 5.1 Minutes

19 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:

5.2 5.2 Attachment 1 - Ordinance

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1 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.

5.2 5.2 Attachment 1 - Ordinance

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1 This Ordinance was introduced and read on the 18th day of December, 2023, and passed and adopted on the 16th day of January, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________

PATRICK SULLIVAN, MAYOR
ATTEST:
_____________________________

PRISCILLA SCHAUS, CITY CLERK

5.2 5.2 Attachment 1 - Ordinance

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1 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. Comply with State laws to apply only objective criteria to new, multifamily and mixed-use development projects, excluding residential projects in R-1 and R- 1/PD zoning districts, including dwelling units developed under Government

5.2 5.2 Attachment 1 - Ordinance

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1 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

5.2 5.2 Attachment 1 - Ordinance

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1 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.

5.2 5.2 Attachment 1 - Ordinance

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1 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

5.2 5.2 Attachment 1 - Ordinance

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1 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

3. Bicycle access.
a. Long-term bicycle (Class I) parking providing storage in the quantity required by Chapter 17.62 shall be subject to the following standards:
b. Long-term bicycle storage shall be provided in a weather-protected, enclosed and secure area that is well-lit with at least 1 footcandle of illumination at ground level.

5.2 5.2 Attachment 1 - Ordinance

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1 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. Maximum
distance from the farthest unit to the interior trash
room shall be 200 feet.
(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:

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1 (1)Be co-located with surface parking and shall be
within 120 feet of a building entry and a minimum
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.

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1 ii.Off-street surface parking shall be located a minimum of 20 feet from any Foster City Lagoon frontage.

2. Structured parking facilities.
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.

3. Parking facility entries.
a.Structured parking facilities with direct access to public streets shall be limited to one entry/exit per frontage .
b.Parking facility entries shall be designed in accordance with the following standards:
i.Private garages shall have a maximum door width of 16 feet for a side-by-side two-car garage and 8 feet for a one-car or tandem garage.
ii.Shared parking facilities with combined ingress/egress doors shall have a maximum door width of 20 feet measured from the inside of the jambs.

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1 iii.Shared parking facilities with separate ingress/egress doors shall have a maximum door width of 10 feet each, as measured from the inside of jambs.
c.Design.
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

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1 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
c. Common open green areas located on roof surfaces at the second 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 ground floor 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.

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1 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.

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.

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1 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.

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 not 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 that does not
include polyfluoroalkyl substances (PFAs) shall be

5.2 5.2 Attachment 1 - Ordinance

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1 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.

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.

2. Fencing shall comply with the following standards:
a.Fencing shall comply with Chapter 17.52 except as provided below.
b.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.
c.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.

5. Utility and Service Areas shall be located to comply with the following standards:
a.Minimum 50-foot distance from public street intersections and from primary building entries.

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1 b.Sites narrower than 100 feet in width shall locate all utilities and services at the location farthest from the primary building entrance and any public street intersections.
c.All services and utilities visible from and located within 30 feet of a public right of way shall be screened to a height of 12 inches above the maximum height of any equipment contained or
stored within, unless specifically prohibited by utility providers.

Screening may include but is not limited to architectural 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.

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1 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

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1 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.

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1 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.

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1 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.

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1 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:

5.2 5.2 Attachment 1 - Ordinance

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1 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.

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1 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.

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1 (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.

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1 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.

5.2 5.2 Attachment 1 - Ordinance

45 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

5.3 5.3 Attachment 1 - Ordinance

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

5.3 5.3 Attachment 1 - Ordinance

47 1
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2 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.

This Ordinance was introduced and read on the 18th day of December, 2023, and passed and adopted on the 16th day of January, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________

PATRICK SULLIVAN, MAYOR
ATTEST:
_____________________________

PRISCILLA SCHAUS, CITY CLERK

5.3 5.3 Attachment 1 - Ordinance

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2 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.

5.3 5.3 Attachment 1 - Ordinance

49 1
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2 “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.

5.3 5.3 Attachment 1 - Ordinance

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2 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.

5.3 5.3 Attachment 1 - Ordinance

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2 “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.

5.3 5.3 Attachment 1 - Ordinance

52 1
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2 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.

5.3 5.3 Attachment 1 - Ordinance

53 1
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2 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:

5.3 5.3 Attachment 1 - Ordinance

54 1
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2 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.”

5.3 5.3 Attachment 1 - Ordinance

55 1
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2 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;

5.3 5.3 Attachment 1 - Ordinance

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2 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.

5.3 5.3 Attachment 1 - Ordinance

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2 All development shall comply with Chapter 17.96.”

5.3 5.3 Attachment 1 - Ordinance

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2 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:

5.3 5.3 Attachment 1 - Ordinance

59 1
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2 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.”

5.3 5.3 Attachment 1 - Ordinance

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2 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:

5.3 5.3 Attachment 1 - Ordinance

61 1
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2 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.”

5.3 5.3 Attachment 1 - Ordinance

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2 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;

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2 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:

5.3 5.3 Attachment 1 - Ordinance

64 1
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2 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.”

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2 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

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2 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.”

5.3 5.3 Attachment 1 - Ordinance

67 1
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2 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;

5.3 5.3 Attachment 1 - Ordinance

68 1
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2 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;

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2 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;

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70 1
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2 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:

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2 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;

5. Any or all of the following plans, diagrams and information, when deemed appropriate by the planning director:
a. Off-street parking and loading plan;
b. Circulation diagram, indicating the proposed movement of vehicles, pedestrians, bicycles and goods within the PD district, and to and from adjacent public thoroughfares;
c. Any special engineering features and traffic-regulation devices needed to facilitate or ensure the safety of movement of vehicles, pedestrians, bicycles and goods;

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2 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.

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

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2 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:

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2 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.

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2 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.”

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2 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;

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2 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;

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2 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;

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2 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;

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2 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.

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,

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2 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.

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2 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

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2 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.

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

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2 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.”

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2 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.

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2 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.

O. “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.”

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2 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.

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2 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.

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2 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.

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2 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.

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2 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.

10. Screening. Unenclosed off-street parking areas shall be screened from view from public streets and adjacent 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.

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2 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.

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2 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.

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2 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).

12. 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.

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2 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

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

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2 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

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2 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

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2 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.

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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

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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.

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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.

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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;

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, .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

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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;

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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;

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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;

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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).

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.

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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

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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

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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

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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.

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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

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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.

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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:

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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.

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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.

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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

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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);

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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.

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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.

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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.

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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.

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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.

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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;

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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.”

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5 3
0 DATE: January 16, 2024

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

FROM: Sofia Mangalam, Community Development Director
Nori Jabba, Housing Coordinator
Leslie Carmichael, Consulting Planner
DEPARTMENT: Community Development
SUBJECT: AUTHORIZING APPLICATION FOR, AND RECEIPT OF, SAN MATEO COUNTY FY 2024-25 HOUSING ASSISTANCE LOAN

AND GRANT PROGRAM FUNDS

RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution (Attachment 1) authorizing the City Manager to apply for and submit the Application package to San Mateo County for grant and/or loans through the San Mateo County FY 2024-2025 Housing Assistance Loan and Grant Program, including commitment of any necessary matching funds up to $76,800 in staff costs and $135,000 in affordable housing funds, and finding the project exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline Section 15061(b)(3).

EXECUTIVE SUMMARY
The San Mateo County Department of Housing issued a Notice of Fun ding Availability (NOFA) on December 5, 2023, including a more specific NOFA and Program Guidelines for funding from Federal Community Development Block Grant (CDBG), Home Investment Partnership (HOME), and other funding programs, with eligible activities that include but are not limited to Housing Development, Acquisition and Rehabilitation activities as well as Public Facility Development and Improvement activities.

The City of Foster City adopted the Foster City 2023-2031 Housing Element Update on

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0 May 22, 2023. The 2023-2031 Housing Element Update includes the following programs that may be eligible for grants or loans through the County, including the following:
•H-B-2-a Lower-Income Homeowner Rehabilitation Loans.

The City will provide or partner with a regional program to provide rehabilitation loans, energy improvement such as weatherization or solar, disaster assistance programs, and proactive outreach to lower-income homeowners.

Responsible Agency: Community Development Department
Timeframe: Implement program by December 2024
Quantified Objective: 18 new loans by 2031 or 3 per year, half of which being very low income and half of which being low income
Performance Metric(s): Number of new loans by 2031
Funding Source: Affordable Housing Fund
Geographic Targeting: Increased outreach for program participation to owners in census tracts with higher reported cost burden, 6082 and 6083 •H-B-2-b Facilitate Non-Profit Rehabilitation/Maintenance Assistance.

The City will initiate a rebate program to provide up to $5,000 in funding to very low income homeowners who cannot otherwise afford the repairs. Eligible repairs include weatherization of doors and windows, broken windows and doors, installation of smoke detectors, water-heater replacement, electrical/mechanical work, plumbing repairs, solar photovoltaic, and accessibility improvements. The City will identify possible non-profit organizations (such as Rebuilding Together Peninsula, churches, service clubs, or Girl or Boy Scouts) that can provide assistance/proactive outreach and will provide information on the City’s website and handouts at City Hall.

Responsible Agency: Community Development Department
Timeframe: Implement program by December 2024
Quantified Objectives: 6 units improved with assistance by 2031 or one very low- income owner unit improved with assistance per year
Performance Metric(s): Number of units assisted by 2031 Funding Source: Affordable Housing Fund
Geographic Targeting: Increased outreach for program participation to owners in census tracts with higher reported cost burden, 6082 and 6083 •H-E-1-a Existing Unit Purchase Program-Opportunities for Supportive Housing.

Implement the tenant preferences adopted in January 2023 for the Existing Unit Purchase Program (City-owned units) so that when vacancies occur, housing providers have an opportunity to propose renting the unit to provide supportive housing for people with disabilities and if no acceptable proposals are received, then continue to maintain the existing units owned by the City as rentals for large very low- and low-income families.

Responsible Agency: Community Development Department, City Council Timeframe: As vacancies occur

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0 Quantified Objectives: One (1) unit converted to supportive housing by 2031 Performance Metric(s): Number of units converted to supportive housing Funding Source: Affordable Housing Fund

BACKGROUND
Lower Income Homeowner Rehabilitation Program.

One of the needs identified in the Housing Element was for some assistance for lower- income homeowners to be able to maintain their properties and remain in their homes (see Housing Element p. A-24-A-31). Approximately 2,000 owner-occupied households have household incomes of less than 80% of the area median income (AMI) and are considered lower-income.

The County of San Mateo has an ongoing minor rehabilitation program through nonprofit providers (such as Rebuilding Together and Center for the Independence of Individuals with Disabilities) to provide minor home repairs. Foster City low-income homeowners are eligible for this existing program. There is not an existing program for more substantial repairs/rehabilitation needs for low-income homeowners.

Existing Unit Purchase Program/Supportive Housing.

The City of Foster City owns six (6) units rented to low and very low-income housing.

Called the Existing Unit Purchase Program (EUPP), the homes, comprised of four (4) units in two (2) duplexes and two (2) single family homes. Three (3) units were purchased in 1997, two (2) units in 2008 and one (1) unit in 2009. All six (6) units have been occupied since acquisition and are now in need of upgrades and rehabilitation. The City has contracted with HIP Housing Affordable Ventures to manage the units since early 2000.

The City intends to rehabilitate two (2) units at a time to prepare them for supportive housing beginning in 2024. Rehabilitation of the two (2) units includes electrical panel upgrades to convert the units to all electric energy use, window repairs and replacements, interior and exterior painting, replacement of flooring, bathroom upgrades, landscaping improvements, and other repairs.

County Funding Process
On December 5, 2023, the County issued NOFA for FY 2024-25 housing and community development activities, funded via Federal and State funding and the Equity Innovation Fund (EIF) Program. Under this, three (3) NOFAs are available, including Federal CDBG & Home Grant-Funded Capital Projects, Federal CDBG and ESG, State PLHA, ESG grant-funded community development activities, and Equity Innovation Fund for housing and community development activities. Staff is preparing to submit two (2) applications for “housing funding” under Federal CDBG & Home Grant-Funded Capital Projects.

The following is the schedule of events for the FY 2024-2025 NOFA •December 5, 2023: NOFA published.
•January 18, 2024: Application Submission Due Date.
•February 22, 2024: Housing & Community Development Committee (HCDC) Study Session.

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0 •February 29, 2024: HCDC Public Hearing.
•April 23, 2024: Board of Supervisors Meeting (for Funding Allocations). •July 1, 2024: Awarded funding available.

Based on 2023-24 funding, the County estimates there will be approximately $1,553,244 to distribute for Community Development activities. Once approved, this will be a two- year funding contract with funding for the second year generally intended to be the same as the first year. The City will need to submit a renewal application to receive the second year’s funding award.

The County funds community development programs and projects on a reimbursement basis. Reimbursement is provided upon submission of complete documentation of performance of program goals and supporting documentation.

ANALYSIS
Several of the implementation programs included in the Housing Element appear to qualify for funding available through San Mateo County. Funding can be provided as low interest loans or grants to the City of Foster City or a combination. County staff has advised that the funding programs aligned with Foster City’s proposed Applications will require loans that the City will need to repay. The County’s typical key loan terms include 3% simple interest.

Applications
Staff has prepared two application packages (“Application”), including:
1) to provide funding for a Lower-Income Homeowner Rehabilitation Loan Program, and a Minor Home Repair Grant Program for Seniors; and
2) to provide funding to repair/rehabilitate two (2) of the six (6) units in the EUPP for use as supportive housing.

The first Application includes two (2) components:
a) The Lower-Income Homeowner Rehabilitation Loan Program is for low- income homeowners of up to a $75,000 loan for improvements of a permanently fixed nature, including energy improvements such as weatherization and/or solar, the addition/rehabilitation of ADUs/JADUs that involve no new square footage, and other repairs/improvements. The City will contract with another agency to review applications for compliance with program guidelines, conduct site inspections, perform income verifications, execute loan documents, and verify completion of improvements. The City will issue final approvals for loans. b) A Minor Home Repair Grant for Seniors of up to $2,500 for specific types of improvements (minor home repairs/improvements of a permanently fixed nature, such as accessibility modifications, furnace/water heater replacement, or similar repairs to low-income homeowners 60 years and over.

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0 The first Application proposes that the City would contract with another organization to administer the program. If the City is successful in obtaining County funding, a Request for Proposals (RFP) will be prepared to solicit proposals from organizations to administer the program. This is similar to the program offered by Daly City in conjunction with Habitat for Humanity (https://www.dalycity.org/301/Housing- Rehabilitation-Programs).

The second Application for the proposed EUPP Rehabilitation Project would be a loan from the County to the City to rehabilitate two (2) of the six (6) homes owned by the City for use as supportive housing with the intention of rehabilitating the additional four (4) units in subsequent years as funding becomes available through future grants and loan programs. The rehabilitation project for two (2) units would include interior and exterior painting; new flooring; bathroom upgrades; cabinet replacement; energy efficiency upgrades, including window replacements, appliance replacements, electrical panel upgrades; landscaping, and other miscellaneous repairs and replacements.

County Funding Requested and Proposed City Matching Funding One of the County’s evaluation criteria is leveraging the extent to which other funding sources have been sought and committed to the project or program. Both Applications include a minimum 25% City match of funds (which can include City staff costs) as follows:

Lower-Income Homeowner Rehabilitation Program:

City staff costs: $55,000 (over two years)
City matching funds: $85,000 (over two years)
County funds requested: $400,000 (over two years)
Total Program Cost: $540,000 (over two years)
Existing Unit Purchase Program Rehabilitation for Supportive Housing:

City staff costs: $21,800
City matching funds: $50,000
County funds requested: $199,000
Total Project Cost: $270,800
The attached Resolution includes a statement of commitment to allocate the matching funds and staff time if the Application package is approved by the County.

If awarded the grant and/or loan, the City Manager will proceed with negotiating the San Mateo County FY 2024-2025 Housing Assistance Agreement committing the City to the matching fund requirement and estimated staff costs (up to $76,800 in staff costs and $135,000 in affordable housing funds). If the application is approved, staff will bring forward a staff report to the City Council to accept the San Mateo County Housing program funds, execute the Agreement, and to appropriate the applicable Lower- Income Homeowner Rehabilitation Program expenditures, the Existing Unit Purchase

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5 3
0 Program Rehabilitation for Supportive Housing expenditures, as well as the required City staff costs and City matching funds in the City’s Low and Moderate Housing Income Fund 122.

California Environmental Quality Act
This action 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 approval of the Application is 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
If the application is approved, staff will bring forward a staff report to the City Council to accept the San Mateo County Housing Loan and Grant program funds and to appropriate the applicable Lower-Income Homeowner Rehabilitation Program expenditures, the Existing Unit Purchase Program Rehabilitation for Supportive Housing expenditures, as well as the required City staff costs and City matching funds in the City’s Low and Moderate Housing Income Fund 122.

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

Attachment 1 - Resolution

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0 3
RESOLUTION NO. ______

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

AUTHORIZING THE CITY MANAGER TO APPLY FOR AND SUBMIT THE

APPLICATION PACKAGE TO SAN MATEO COUNTY FOR GRANT AND/OR LOANS THROUGH THE SAN MATEO COUNTY FY 2024-25 HOUSING ASSISTANCE LOAN

AND GRANT PROGRAM, INCLUDING COMMITMENT OF ANY NECESSARY MATCHING FUNDS UP TO $76,800 IN STAFF COSTS AND $135,000 IN

AFFORDABLE HOUSING FUNDS, AND FIND THE PROJECT EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINE SECTION 15061(B)(3)

CITY OF FOSTER CITY
WHEREAS, the City of Foster City adopted the Foster City 2023-2031 Housing Element Update on May 22, 2023; and
WHEREAS, the 2023-2031 Housing Element Update includes H-A-5-b Local, State and Federal Funding for Affordable Housing, Housing Program H-B-2-a Lower- Income Homeowner Rehabilitation Loans, H-B-2-b Facilitate Non-Profit Rehabilitation/Maintenance Assistance, and Housing Program H-E-1-a Existing Unit Purchase Program-Opportunities for Supportive Housing; and WHEREAS, pursuant to Housing Programs H-B-2-a and H-B-2-b, the City wishes to establish a Lower-Income Homeowner Rehabilitation Loan Program and a program for Minor Home Repair Grants for Seniors; and
WHEREAS, pursuant to Housing Program H-E-1-a, the City wishes to secure funds to repair/rehabilitate units in the Existing Unit Purchase Program for use as supportive housing; and
WHEREAS, pursuant to Housing Program H-A-5-b Local, State and Federal Funding for Affordable Housing, the City wishes to apply for local, state or federal funding sources that could be used to provide funding for affordable housing programs; and WHEREAS, the County of San Mateo Department of Housing (“County”) issued a Notice of Funding Availability (NOFA) in December 2023, including the availability of funds including loans and/or grants from Community Development Block Grant (CDBG) and other programs, inviting local jurisdictions and other organizations to submit applications for funding; and
WHEREAS, the City Council of the City of Foster City desires to submit two application packages (“Application”), 1) to provide funding for a Lower-Income Homeowner Rehabilitation Loan Program and a program for Minor Home Repair Grant for Seniors Program and 2) to provide funding to repair/rehabilitate units in the Existing

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Unit Purchase Program for use as supportive housing; and WHEREAS, the request for authorizing the City Manager to apply and submit the application, and execute an agreement is exempt under the CEQA Guidelines Section 15061(b)(3), Common Sense Exemption; and
NOW, THEREFORE, the City Council of the City of Foster City hereby resolves as follows:

SECTION 1. The City Manager is hereby authorized and directed to apply for and submit the Application packages to the County for funding up to $621,720, including commitments of up to $76,800 in matching funds in staff expense to administer the programs and $135,000 in matching funds from the Affordable Housing Fund.

SECTION 2: In connection with the funding, if the Application is approved by the County, the City Manager of the City of Foster City bring forward a staff report to the City Council to accept the San Mateo County Housing program funds, execute the Agreement, and to appropriate the applicable Lower-Income Homeowner Rehabilitation Program expenditures, the Existing Unit Purchase Program Rehabilitation for Supportive Housing expenditures, as well as the required City staff costs and City matching funds in the City’s Low and Moderate Housing Income Fund 122.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 16th day of January 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

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0 DATE: January 16, 2024

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/District City Manager
FROM: Derek Schweigart, Parks and Recreation Director
Tiffany Oren, Recreation Manager
DEPARTMENT: Parks and Recreation
SUBJECT: SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF

FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT
AND FOSTER CITY VILLAGE, INC. EXTENDING TERM FROM
JANUARY 1, 2024 THROUGH DECEMBER 31, 2024, WITH
ADDITIONAL OPTIONAL EXTENSIONS THROUGH JUNE 30, 2026,

FOR USE OF OFFICE AND MEETING/CLASSROOM SPACE,

INFORMATION TECHNOLOGY SERVICES AND EQUIPMENT AT

THE COMMUNITY CENTER

RECOMMENDATION
It is recommended that the City Council/Board of Directors adopt the attached resolutions authorizing a Second Amendment to an Agreement between the City of Foster City/ Estero Municipal improvement District and Foster City Village, Inc. extending the term from January 1, 2024 through December 31, 2024 with optional extensions thereafter through June 30, 2026 for the use of City-owned office and meeting/classroom space, information technology services and equipment at the Community Center.

EXECUTIVE SUMMARY
The Foster City Village (“The Village”) is a non-profit, membership-based organization whose mission is to enable older adults to continue living in their homes and communities

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0 as they age. The Village has utilized office space at the Community Center for about eight years under an annual agreement.

The original agreement between the City of Foster City and the Village dated December 13, 2021 (“Agreement”) is one where the Village would take an active “partnership” role in deploying older adult programs and services using City facilities in a way that is both cost efficient and effective to serve Foster City residents. The City’s Recreation Coordinator and the Village counterpart would conduct monthly meetings, sharing program information, and collaborating on opportunities for both Village members and non-members. The initial one-year term of the Agreement expired on December 31, 2022, and a first amendment to the Agreement was approved by the City Council on January 17, 2023, for an additional one-year period through December 31, 2023. The parties wish to amend the Agreement to extend the term for an additional one-year period through December 31, 2024.

BACKGROUND
The Village is a non-profit, membership-based agency whose mission is to “enable older adults to continue living in their homes and communities as they age by providing mobility, practical assistance, access to services, social connections and educational opportunities.” The Village was chartered as a non-profit on February 13, 2013, and began to provide services that year to its membership base consisting of residents living in the 94404 zip code. As of January 2021, the Village had 115 members, which represents approximately 1% of the estimated 11,030 adults over the age of 55 living in Foster City in 2019 according to the US Census Bureau. The Village leverages its operating revenues, the vast majority of which come from grants, including $7,000 from the City of Foster City in Fiscal Year 2022-2024, to deploy volunteers who provide in-kind services with a value around $150,000 in 2020 according to the Village.

The Village has utilized office space at the Community Center for its paid and volunteer staff since its inception. It has operated under an annual lease agreement in which it paid $3,120 annually for the use of office and program space, a City-owned computer, City- owned printer/copier, building maintenance and information technology assistance. In 2021, the Agreement was introduced which stated that the rent shall be increased by 5% on July 1 of each succeeding year. The current proposed Second Amendment would extend the term of the Agreement for one-year through December 31, 2024, with additional optional extensions available through June 30, 2026.

ANALYSIS
City staff and the Village worked together to develop the Agreement for use of the Community Center office and additional meeting and classroom space. While this Agreement features specific lease terms for the use of the office space in the Community Center, there are also provisions for the use of meeting and classroom space at no cost in exchange for classes being made available to Foster City residents who are not

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0 members of the Foster City Village organization and to the public as a whole. In November 2023, City staff extended the invitation to the Village to amend the Agreement to extend its term for another year and the Village accepted. A 5% increase in annual rent is listed in the existing agreement terms. However, this will not be implemented this year due to the anticipated closure of the Recreation Center and potential limited availability of space at other City facilities.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
The approval of the Second Amendment to the Agreement 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 this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment.

FISCAL IMPACT
The total cost to the Village under the proposed Second Amendment to the Agreement is $3,276 in annual rent and use of information technology equipment and services. The City also benefits from revenue for classes attended by Foster City residents who are not members of the Village depending upon the actual enrollment. In the current calendar year, the revenue generated to the City through The Village partnership was $1,180. The benefit to the Foster City Village is approximately $8,500 annually in low- and no-fee room usage.

Note that since Fiscal Year 2015-2016, the City Council has granted funding to the Village annually in amounts ranging from $1,000 to $15,000 through the Annual Non-Profit Grant Funding process. Nothing in the proposed Second Amendment precludes the Village from submitting future requests for funding through this process.

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

Attachment 1 – City Resolution
Attachment 2 – EMID Resolution
Attachment 3 – Second Amendment to Agreement

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RESOLUTION NO.________

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

AUTHORIZING A SECOND AMENDMENT TO THE AGREEMENT BETWEEN CITY OF FOSTER CITY AND FOSTER CITY VILLAGE, INC. EXTENDING THE TERM FROM JANUARY 1, 2024 THROUGH DECEMBER 31, 2024, WITH ADDITIONAL OPTIONAL EXTENSIONS THROUGH JUNE 30, 2026, FOR THE USE OF CITY-OWNED OFFICE AND MEETING/CLASSROOM SPACE, I.T. SERVICES AND EQUIPMENT AT THE

COMMUNITY CENTER

CITY OF FOSTER CITY
WHEREAS, the Foster City Village (“The Village”) is a non-profit, membership- based organization whose mission is to enable older adults to continue living in their homes and communities as they age; and
WHEREAS, the Village has utilized office space at the Community Center for about seven years under an annual agreement dated December 13, 2021, between the City and the Village (“Agreement”); and
WHEREAS, the initial one-year term of the Agreement expired on December 31, 2022, and a first amendment to the Agreement was approved by the City Council on January 17, 2023, for an additional one-year period through December 31, 2023; and WHEREAS, the Village can deploy older adult programs and services in a way that is both cost efficient and effective to serve Foster City residents; and WHEREAS, the City and the Village mutually desire to extend the term of the Agreement for an additional one-year period through December 31, 2024 at the current annual rental rate of $3,276, which extension is authorized by Section 1.2 of the Agreement; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the Mayor to sign a Second Amendment, dated January 16, 2024, extending the Agreement for an additional one-year term from January 1, 2024 through December 31, 2024, with additional optional extensions through June 30, 2026 for the use of City-owned office and meeting/classroom space, IT services and equipment at the Community Center.

5.5 Attachment 1 - City Resolution

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9 2
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 16th day of January, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________

PATRICK SULLIVAN, MAYOR
ATTEST:
___________________________________

PRISCILLA SCHAUS, CITY CLERK

5.5 Attachment 1 - City Resolution

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RESOLUTION NO.________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT AUTHORIZING A SECOND AMENDMENT TO THE

AGREEMENT BETWEEN ESTERO MUNICIPAL IMPROVEMENT DISTRICT AND FOSTER CITY VILLAGE, INC. EXTENDING THE TERM FROM JANUARY 1, 2024 THROUGH DECEMBER 31, 2024, WITH ADDITIONAL OPTIONAL EXTENSIONS THROUGH JUNE 30, 2026, FOR THE USE OF CITY-OWNED OFFICE AND MEETING/CLASSROOM SPACE, I.T. SERVICES AND EQUIPMENT AT THE

COMMUNITY CENTER

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the Foster City Village (“The Village”) is a non-profit, membership- based organization whose mission is to enable older adults to continue living in their homes and communities as they age; and
WHEREAS, the Village has utilized office space at the Community Center for about seven years under an annual agreement dated December 13, 2021, between the Estero Municipal Improvement District and the Village (“Agreement”); and WHEREAS, the initial one-year term of the Agreement expired on December 31, 2022, and a first amendment to the Agreement was approved by the City Council on January 17, 2023, for an additional one-year period through December 31, 2023; and WHEREAS, the Village can deploy older adult programs and services in a way that is both cost efficient and effective to serve Foster City residents; and WHEREAS, Estero Municipal Improvement District and the Village mutually desire to extend the term of the Agreement for an additional one-year period through December 31, 2024 at the current annual rental rate of $3,276, which extension is authorized by Section 1.2 of the Agreement; and
NOW, THEREFORE, BE IT RESOLVED that the Estero Municipal Improvement District Board does hereby authorize the President to sign a Second Amendment, dated January 16, 2024, extending the Agreement for an additional one-year term from January 1, 2024 through December 31, 2024, with additional extensions through June 30, 2026 for the use of City-owned office and meeting/classroom space, IT services and equipment at the Community Center.

5.5 Attachment 2 - EMID Resolution

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PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 16 th day of January, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________

PATRICK SULLIVAN, PRESIDENT
ATTEST:
_______________________________________

PRISCILLA SCHAUS, DISTRICT SECRETARY

5.5 Attachment 2 - EMID Resolution

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4 SECOND AMENDMENT EXTENDING THE TERM OF AGREEMENT BETWEEN

CITY OF FOSTER CITY AND THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT AND FOSTER CITY VILLAGE, INC.

FOR THE USE OF OFFICE AND MEETING SPACE
THIS SECOND AMENDMENT (“Second Amendment”) is made and entered into as of January 16, 2024 (hereinafter, “Effective Date”), by and between the CITY OF FOSTER CITY, a municipal corporation, and THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT (EMID), a political subdivision of the State of California, (hereinafter collectively referred to as “CITY”) and the FOSTER CITY VILLAGE, INC. a community non-profit organization (hereinafter, “FCV”) (collectively CITY and FCV hereafter “Parties”).

RECITALS
This Second Amendment is entered into with reference to the following facts and circumstances:

A. That CITY is the owner of land and improvements at 1000 East Hillsdale Boulevard commonly known as the Foster City Community Center; B. That FCV is a community non-profit organization that provides services in support of successful aging;
C. On December 13, 2021, the City of Foster City/Estero Municipal Improvement District and the FCV entered into an agreement for the use of office space at the Community Center, among other things (“Agreement”); D. That, prior to and until this Agreement, FCV was utilizing office space at the Foster City Community Center pursuant to a rental agreement; E. That FCV and CITY have a common interest in ensuring that services are available and provided to Foster City’s aging population; F. That FCV and CITY previously entered into a first amendment to the Agreement t on January 1, 2023, which is set to expire on December 31, 2023; Section 1.2 of the original Agreement allows for additional extensions to the term through June 30, 2026; and the parties now mutually desire to extend the

5.5 Attachment 3 - Second Amendment to Agreement

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4 term of the Agreement for an additional period of one year from January 1, 2024 to December 31, 2024 at the current annual rental rate of $3,276.

G. That FCV and CITY agree upon the terms and conditions as set forth in the sections below.

SECTION ONE: AGREEMENT TERM
Section 1.1 of the Agreement is hereby amended as follows:

1.1 Initial Term:

Subject to Section 13 and to the termination provisions contained herein, the initial term of the Agreement shall commence January 1, 2024, and expire on December 31, 2024 (“Agreement Term”).

Except as provided above, all other terms of the Agreement remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the date first written above.

CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT By: _________________________________
Patrick Sullivan, Mayor/Board President
ATTEST: Dated: ______________________________
____________________________________
Priscilla Schaus, City Clerk/District Secretary

5.5 Attachment 3 - Second Amendment to Agreement

143

3 1
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4 APPROVED AS TO FORM: Dated: ___________________________ _________________________________
Benjamin Stock, City Attorney/District
Legal Counsel

FOSTER CITY VILLAGE, INC.

Dated: ___________________________
_________________________________
Pam Frisella, President

5.5 Attachment 3 - Second Amendment to Agreement

144

5 3
2 DATE: January 16, 2024

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: Administrative Services
SUBJECT: AMENDING THE CITY/DISTRICT PAY PLAN FOR FISCAL YEAR 2023-2024 EFFECTIVE JANUARY 1, 2024

RECOMMENDATION
It is recommended that the City Council/Estero Municipal Improvement District Board of Directors (herein referred to as "City Council") adopt resolutions amending the City/District Pay Plan for Fiscal Year 2023-2024, effective January 1, 2024.

BACKGROUND
The City/District approves a Pay Plan at a regularly scheduled meeting as part of the budget adoption process and amends the Pay Plan if there are changes during the fiscal year. The following changes are being recommended for the City Council's consideration and approval.

Effective January 1, 2024, the new minimum wage for the City of Foster City will be $17.00 per hour for organizations that employ 26 or more employees. There are four (4) classifications that currently reflect salaries under the new minimum wage that will need to be adjusted. Those classifications are Recreation Leader I, Building Service Assistant, Clerical Assistant, and Department Intern. Staff has made the appropriate starting salary adjustments to these classifications to meet the new minimum wage requirement with Step 1 starting at $17.00 per hour and Steps 2-5 being incrementally increased by 3.5%, which is the past practice for these hourly, part-time, and seasonal classifications. Staff also notes that the Recreation Leader II, Recreation Leader III,

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2 and Building Services Coordinator Assistant positions will reflect starting salary adjustments as well to create a proper spacing between the different classifications and reduce salary compaction. These salaries will be effective January 1, 2024.

To meet CalPERS requirements under Government Code 20636 and CCR section 570.5, which requires public agencies to provide a publicly available pay schedule, staff is bringing this forward to ensure the City's pay schedule is updated with the newly approved pay rate. Staff requests approval of the resolutions to approve the new Pay Plan for Fiscal Year 2023-2024 which will be effective January 1, 2024. Upon approval, staff will publish the updated pay plan on the City's website for public access.

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
There is no fiscal impact with approving the updated pay plan.

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

Attachment 1 - City Resolution
Attachment 2 - EMID Resolution
Attachment 3 - City/District Pay Plan for FY 2023-2024 Effective January 1, 2024

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146

RESOLUTION NO. _____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY APPROVING AND ADOPTING THE AMENDED FISCAL YEAR 2023-2024 PAY PLAN EFFECTIVE JANUARY 1, 2024

CITY OF FOSTER CITY
WHEREAS, the City Council also wishes to amend the Pay Plan for the part-time classifications of the City to accommodate the new City of Foster City minimum wage rate of $17.00 per hour; and
WHEREAS, the City Council of the City of Foster City must amend the current Pay Plan in order for the pay ranges to become effective.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Foster City that the Amended Fiscal Year 2023-2024 Pay Plan, Exhibit A, is hereby adopted effective January 1, 2024.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the Regular Meeting held on the 16th day of January 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

5.6 Attachment 1 - City Resolution

147

RESOLUTION NO. _____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT APPROVING AND ADOPTING THE AMENDED FISCAL YEAR 2023-2024 PAY PLAN EFFECTIVE JANUARY 1, 2024

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the Board of Directors also wishes to amend the Pay Plan for the part- time classifications of the District to accommodate the new City of Foster City minimum wage rate of $17.00 per hour; and
WHEREAS, the Board of Directors of the Estero Municipal Improvement District must amend the current Pay Plan in order for the pay ranges to become effective.

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Estero Municipal Improvement District that the Amended Fiscal Year 2023-2024 Pay Plan, Exhibit A, is hereby adopted effective January 1, 2024.

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the Regular Meeting held on the 16 th day of January 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, PRESIDENT
ATTEST:
_______________________________________

PRISCILLA SCHAUS, DISTRICT SECRETARY

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148

Exhibit ACity of Foster City / Estero Municipal Improvement District FY 2023-2024 Pay Plan
Effective January 1, 2024
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

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Foster City City CouncilJanuary 16, 2024

Foster City City Council
January 16, 2024