DATE: November 4, 2024
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
FROM: Sofia Mangalam, Community Development Director
Helen Gannon, Senior Planner
DEPARTMENT: Community Development
SUBJECT: DENYING AN APPEAL AND UPHOLDING A DECISION OF THE
PLANNING COMMISSION APPROVING AN ARCHITECTURAL
REVIEW REQUEST TO RELOCATE AND CONSTRUCT AN
ADDITIONAL DRIVEWAY ON A SITE WHICH CONTAINS A
SHARED DRIVEWAY, ADD SIX NEW SKYLIGHTS, EXPAND AN
EXISTING COVERED PATIO IN THE REAR, AND CONSTRUCT
A TOTAL OF 770 SQUARE FOOT (SF) ADDITION TO THE
FRONT AND REAR ELEVATION OF THE SINGLE-STORY
SINGLE-FAMILY RESIDENCE LOCATED AT 106 CHALLENGE
COURT AND FIND THAT THE PROJECT IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER
CEQA GUIDELINES SECTION 15301(EXISTING FACILITIES) –
APN 094-042-230 – AR2023-0004
RECOMMENDATION
It is recommended that the City Council approve the attached Resolution denying an appeal and upholding a decision of the Planning Commission approving an Architectural Review request to relocate and construct an additional driveway on a site which contains a shared driveway, add six (6) new skylights, expand an existing covered patio in the rear, and construct a total of 770 sf addition to the front and rear elevation of the single-story single-family residence located at 106 Challenge Court and find that the project is exempt from review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15301.
EXECUTIVE SUMMARY
On August 21, 2024, the City received an appeal from Nancy E Harmon and William H Borter, the owners of 104 Challenge Court (“Appellant”) contesting the decision of the Planning Commission approving Architectural Review Permit (AR2023-0004) to construct a total of 770 SF addition to the front and rear elevations of the single-story single-family residence located at 106 Challenge Court, including construction of an additional driveway on the site and modifying the existing shared driveway with 104 Challenge Court, addition of six new skylights, expansion of an existing covered patio in the rear, and finding that the project is exempt from review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15301.
The City Council conducted the appeal hearing pursuant to Foster City Municipal Code Sections 17.58.040(F) and 17.06.140 on October 21, 2024 and heard testimony from the appellant, applicant and members of the public and considered documents submitted relating to AR2023-0004. In conclusion, the City Council adopted Minute Order No. 1999, denying the appeal and upheld the Planning Commission's decision to approve AR2023- 0004, as conditioned and directed staff to bring back a Resolution to deny the appeal and uphold the Planning Commission’s approval of AR2023-0004 (passed 4-1-0; Noes:
Kiesel).
Staff has prepared the attached Resolution to support the Council’s decision to deny the appeal and uphold the Planning Commission’s approval of AR2023-0004. Staff recommends that the Council approve the proposed Resolution, which includes the necessary findings set forth in Foster City Municipal Code Section 17.58.050(A) and (B).
California Environmental Quality Act
Categorically Exempt per California Environmental Quality Act (CEQA) Guideline; Class 1, Existing Facilities
FISCAL IMPACT
The appeals are subject to “Actual Cost* Subject to a minimum $500 Deposit at time of filing”. Any staff time spent on the appeal will be paid through the deposit.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Smart Planning, Development, and the Local Economy
ATTACHMENTS:
Attachment 1 - Resolution