DATE: November 18, 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
Leslie Carmichael, Consulting Planner
DEPARTMENT: Community Development
SUBJECT: AMENDING VARIOUS CHAPTERS WITHIN TITLE 17, “ZONING”
OF THE FOSTER CITY MUNICIPAL CODE, TO IMPLEMENT
SEVERAL PROGRAMS OF THE 2023-2031 HOUSING ELEMENT
RECOMMENDATION
It is recommended that the City Council introduce by title only and waive further reading of the Ordinance amending various Chapters within Title 17, “Zoning” of the Foster City Municipal Code, to implement RHNA 6 Housing Element for the 2023-2031 planning period and comply with recent changes in state law and finding that the amendments are within the scope of the Environmental Impact Report prepared under the California Environmental Quality Act (CEQA) for the Housing and Safety Elements Update (SCH#2022010509.)
EXECUTIVE SUMMARY
The Housing Element is an integral part of the Foster City General Plan that identifies the community’s housing needs, states the community’s goals and objectives regarding housing production, rehabilitation, preservation, and conservation to meet those needs, and defines the policies and programs. The chapter containing Housing Goals, Policies, and Programs forms the housing policy roadmap for the City and describes the implementation measures that the City needs to undertake in the planning period 2023-
31. These goals, policies, and programs aim to provide additional housing in a way that
is balanced with the community’s desires to retain the aspects of Foster City that make it a great place to live, work, and play.
The Housing Element Programs include the City’s commitment to timeframes for implementation. The Annual Progress Report (APR) to the California Department of Housing and Community Development (HCD), due by April 1 of each year, reports on progress in the implementation of these Programs for the previous calendar year.
To follow through on these commitments in a timely manner, staff is recommending code amendments for the implementation of several Housing Element programs for the year 2024, including H-C-1-b Amend Percentage of BMR Units in Conversions, H-D-6-b Minimize Zoning Constraints, H-D-4-f Objective Design Standards for ADUs, H-D-6-c Amend Parking Requirements, H-E-9-a Family Friendly Housing, H-E-9-b Small Housing Units, H-F-2-e Low Barrier Navigation Centers, and H-F-3-b Supportive Housing. These programs discussed in detail in the Analysis section below warrant revisions to Foster City Municipal Code (FCMC) Chapters 17.04 Definitions, 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, 17.28 C-M Commercial Mix District,
17.32 Public Facilities District, 17.62 Off-Street Parking Regulations, 17.76 Conversion Regulations, 17.78 Accessory Dwelling Units, and 17.82 Emergency Shelters, Low- Barrier Navigation Centers, and Supportive Housing.
On October 17, 2024, the City’s Planning Commission voted 3-2-0, approving resolution P-23-24, recommending City Council adoption of text amendments to Title 17, Zoning, of the Foster City Municipal Code to implement the RHNA 6 Housing Element for the 2023-2031 planning period and comply with recent changes in State Law and finding that the amendments are within the scope of the Environmental Impact Report prepared under the California Environmental Quality Act (CEQA) for the Housing and Safety Elements Update (SCH#2022010509) with proposed changes to Exhibit A, removing the word “materials” for Attached and Conversion ADUs in Chapter 17.78, and amend Option B for Exhibit H eliminating lifetime lease provisions and with proposed changes to relocation assistance to three months for all non-purchasing tenants (see Attachment 2 for Planning Commission Resolution P-23-24).
BACKGROUND
Government Code Section 65400 requires each jurisdiction to prepare an APR on its status and progress in implementing its housing element. Each jurisdiction’s APR must be submitted to HCD and OPR by April 1 of each year (covering the previous calendar year ). Year 2024 is the second year of implementation of the Housing Element 2023-31.
The report to HCD is due on April 1, 2025.
A few Housing Element programs noted above warrant amendments to various FCMC Chapters of Title 17, Zoning. The implementation of these programs was previously discussed with the Land Use Subcommittee and Planning Commission as discussed below.
Previous Public Meetings
1. Land Use Subcommittee Meeting – September 11, 2024
The Land Use Subcommittee of the City Council discussed the proposed amendments in this staff report at their September 11, 2024, meeting (see draft meeting minutes, Attachment 3).
2. Planning Commission Study Session – September 19, 2024 The Planning Commission held a Study Session on September 19, 2024, to discuss the proposed amendments. The Commission’s comments are provided in the Analysis section of this report (for meeting minutes, see this link).
3. Planning Commission Public Hearing – October 17, 2024 The Planning Commission held a public hearing on October 17, 2024, to discuss the proposed amendments to various Chapters of Title 17, Zoning, of FCMC (for draft meeting minutes, see this link).
ANALYSIS
Housing Element programs and corresponding amendments to Title 17 H-C-1-b Amend Percentage of BMR Units in Conversions. Review the existing conversion regulations in Chapter 17.76 of the Municipal Code to ensure conformance with applicable state law pertaining to the percentage of converted units required to be set aside for qualified lower- and moderate-income owners.
Existing Regulations: The City’s regulations for apartment conversions to condominiums are contained in FCMC Chapter 17.76, adopted in 1981. In addition, the California Government Code includes regulations specific to condominium conversions intended to protect both existing tenants and potential buyers.
Staff reviewed the chapter's provisions and noted a few sections that need amendments to implement the Housing Element program, H-C-1-b.
1. Percentage of BMR Units in Conversion.
Section 17.76.040.B.21.d Low and Moderate Income Housing of FCMC includes provisions for conversion requiring either
a. Ten percent (10%) of the units proposed for conversion shall be set aside for:
i. qualified low and moderate-income rental or purchase - or ii. to the city - or
iii. any such entity designated by the city - or
b. One percent (1%) of the gross sales must be contributed to the city.
Staff comments: The inclusionary requirements noted above do not distinguish between low- and moderate-income housing requirements. It also does not include preference categories. Also, the requirement for one percent of the gross sales instead of ten percent of the units as low-and moderate-income is not comparable.
Proposed Amendments (Attachment 1, Exhibit H)
The proposed amendment to FCMC Section 17.76.040.B.21.d requires that moderate-income housing be provided in the same quantity and to the same standards as newly constructed dwelling units, as required by FCMC Chapter 17.90 Below Market Rate Inclusionary Housing Program. This addresses the need to specify the income levels since they are included in Chapter 17.90 and eliminates the one percent of gross sales as an option. The amendments also include preference categories because the units must be offered first to the existing tenants. The proposed preference categories prioritize the income-qualified tenants and then others as follows: 1) disabled tenants, 2) tenants age 62 or older, 3) tenants with minor children, 4) all other income-qualified existing tenants, and 5) all others in the preference order as established by the City to be applied citywide to below market rate units.
2. Lifetime leases for tenants 62 years and older or disabled.
The current language in FCMC Section 17.76.040.B.21.a requires a lifetime lease to be offered to seniors and handicapped persons.
Staff comments: Both the Land Use Subcommittee and some members of the Planning Commission were concerned that a lifetime lease could limit the future use/value of the units and also encourage discrimination by landlords contemplating a potential future conversion against tenants who would qualify for a lifetime lease.
Staff provided the Planning Commission with options to retain or eliminate the lifetime lease provisions. The Planning Commission voted 3-2 to eliminate the lifetime lease provisions and increase monetary relocation benefits for non-purchasing tenants from two to three months.
Proposed Amendments (Attachment 1, Exhibit H)
The proposed amendments to FCMC Section 17.76.040.B.21.a include eliminating provisions for lifetime leases and increases the relocation assistance to a minimum of three months’ rent to all non-purchasing tenants.
3. Other Amendments
Since the adoption of FCMC Chapter 17.76 in 1981, the Housing Accountability Act contained in California Government Code Section 65589.5 has limited the ability of a local government to deny, reduce the density of, or make infeasible housing development projects based on anything other than objective design standards. Over the years, these provisions have been strengthened several times. The proposed amendments to FCMC Chapter 17.76 include changing the subjective requirements into objective requirements.
Proposed Amendments (Attachment 1, Exhibit H)
Other amendments to FCMC Chapter 17.76 include the following:
•Revised the definition of an “apartment” in FCMC Section 17.76.020 to exclude ADUs and JADUs on single-family properties to be consistent with the FCMC Chapter 17.78 Accessory Dwelling Units. The definition of “Apartment” would permit the duplexes located on Comet Drive to be converted into condominiums if the other requirements are met (Comet Drive is the only location in Foster City with R-2 zoning.) Other amendments in the section include revisions to definitions of Building Official, Director, Disabled (changed from Handicapped in the current code), Low Income, and Moderate Income.
•Remove the subjective provisions in Chapter 17.76, including:
oExisting FCMC Section 17.76.030.A.1 includes a subjective provisions for ranking batches of applicants for conversions of rental units. Proposed amendment includes using a lottery process to rank batch of applications based on objective criteria.
oExisting FCMC Section 17.76.030.C discusses prohibition of discrimination against prospective buyers with children. Under the current provisions the Planning Commission determines if a project that can “reasonably accommodate children” is prohibiting sales to households without children.
Proposed amendment includes a requirement that “in no case shall a project limit sale to households with children”.
•Eliminate the subjective language related to:
oExisting FCMC Section 17.76.040.B.5 allows the Planning Commission to waive the requirements for storage space “if it is deemed that sufficient storage space exists”. Proposed amendment eliminates the provision allowing waiver of requirements for storage space.
oExisting FCMC Section 17.76.040.B.6 directs the Planning Commission to “review the adequacy of open space in terms of area and privacy standards”. Proposed amendment requires that common open green area and private open green area be provided in conformance with FCMC Section 17.96.040.D. which establishes objective designs and development standards for open space for multi-family and residential mixed-use projects, open space for multi-family and residential mixed-use projects.
oExisting FCMC Section 17.76.040.B.7 regarding noise mitigation requires “appropriate site design and construction techniques”. Proposed amendment requires construction to comply with general plan and applicable ordinances and state codes related to sound transmission control.
oExisting FCMC Section 17.76.040.B.9 includes different standards for off- street parking than those in FCMC Chapter 17.62 and states that the “requirements may be lessened to the extent that the applicant establishes that additional parking is not needed.” The proposed amendment requires that off-street parking comply with FCMC Chapter 17.62, Off Street Parking Regulations..
oExisting FCMC Section 17.76.040.B.10 establishes standards for parking of trailers and recreational vehicles. The proposed amendment references existing objective standards established in FCMC Chapter 17.64, Vehicle and Recreational Vehicle Storage.
o FCMC Section 17.76.040.B.20, Relocation Displacement or Mitigation Plan, includes a requirement for a Developer to submit a Displacement Plan documenting the number of tenants who will be displaced and the availability of comparable replacement housing, including for special needs. The proposed amendment includes various provisions for Relocation Displacement or Mitigation Plan to address any special needs tenants and making it more objective.
o FCMC Section 17.76.040.C Waiver of Application Requirements discusses that the Director may waive or grant exceptions of any requirements of Section 17.76.040 “as appropriate”. The proposed amendment eliminates the subjective waiver of standards by the Director, leaving the ability to waive the submission of items if it is demonstrated that such information is not available and cannot be obtained.
---------------------------------------------------------------------------------------------------------------- H-D-4-f Objective Design Standards for Accessory Dwelling Units/Junior Accessory Dwelling Units (ADUs/JADUs). Develop and adopt objective design standards for ADUs.
Existing Regulations: California Government Code Section 66310 et seq. contains regulations governing what local jurisdictions can and cannot do to regulate ADUs and JADUs. These regulations are extensive and have changed several times in the last few years. These regulations provide the minimum requirements for what must be included in a local jurisdiction’s ADU ordinance. Foster City’s regulations for ADUs/JADUs are contained in Chapter 17.78 of Title 17, Zoning, of FCMC. .
Staff comments: Staff evaluated a few objective design standards to retain architectural compatibility, tackle the issue of privacy and glare, etc. The Planning Commission further refined these to require consistent colors but not materials. The proposed amendments as follows:
Proposed Amendments (Attachment 1, Exhibit H)
•Attached ADUs. FCMC Section 17.78.060.C.5 Colors. An attached ADU or JADU shall use the same roof and exterior wall colors as the primary dwelling unit.
FCMC Section 17.78.060.C.6 Roof pitch and eaves. An attached ADU or JADU shall have the same roof pitch as the primary dwelling with the same eave details but may vary by up to 2/12 more or 2/12 less in roof pitch. •Detached ADUs. FCMC Section 17.78.060.D.5 Colors. Detached ADUs shall utilize the same exterior wall and roof colors as the primary dwelling unit. •Conversion ADUs. FCMC Section 17.78.060.E.4 Colors. Conversion ADUs shall utilize the same roof and exterior wall colors as the primary dwelling unit. •FCMC Section 17.78.060.F Additional Requirements. These requirements shall apply to all ADUs and JADUs on single-family lots.
•FCMC Section 17.78.060.F.3 Windows. Second-floor windows facing another residential property, less than ten feet (10’) from the property line, and larger than two (2) square feet shall include at least one of the following: a) have obscured glazing, or b) be offset from neighbor’s windows to maximize privacy, or c) include splayed windows to avoid direct views.
•FCMC Section 17.78.060.F.4 Second-floor balconies or decks. Second-floor balconies, decks, or roof-top terraces facing another residential property are prohibited.
•FCMC Section 17.78.060.F.5 Exterior lighting. All exterior lighting shall be mounted no higher than seven feet (7’) from grade and directed downwards. •Other amendments include adding new definitions to FCMC Section 17.78.040 for “Accessory Structure” and “Livable Space.”
H-D-4-a ADUs. Continue implementation of Chapter 17.78, Accessory Dwelling Units. Update the City’s ADU ordinance to comply with State laws by December 2023 and subsequently update the City’s regulations to comply with new state laws within six months of being effective.
State laws effective January 1, 2024: The amendments in the proposed Ordinance are required by the following bills:
i. AB 976, approved by the Governor on October 11, 2023, enacted two substantive changes to ADU law: a. Authorizes a local agency to require rental terms that are 30 days or longer; and b. Prohibits a local agency from imposing an owner- occupancy requirement on any ADU (not to include JADUs)., approved by the Governor on October 11, 2023, enacted two substantive changes to ADU law: a.
Authorizes a local agency to require rental terms that are 30 days or longer; and b. Prohibits a local agency from imposing an owner-occupancy requirement on any ADU (not to include JADUs).
ii. AB 1332, approved in October of 2023, requires local agencies by January 1, 2025, to develop a program for the preapproval of ADU plans, whereby the local agency accepts ADU plan submissions for preapproval and approves or denies the preapproval applications.
iii. SB 477, approved by the Governor on March 26, 2024, moved the previous Government Codes Sections 65852.150, 65852.2, 65852.22, 65852.23, and 65852.26 outlining state law governing ADUs, into new Government Codes Sections 66310 through 66342. These new sections are designed to make it easier to read and navigate. No substantive changes to the government code were made with this Senate Bill.
State laws effective January 1, 2025: In September 2024, Governor Newsom signed three (3) more ADU bills ( AB 2533 and SB 1211) that will become effective on January 1, 2025.
iv. AB 2533 prohibits a local agency from denying a permit for an unpermitted ADU or JADU that was constructed before January 1, 2020, for the violations, including building standards or state or local standards, unless the local agency makes a finding that correcting the violation is necessary to comply with conditions that would otherwise deem a building substandard. It requires a local agency to inform the public about the provisions prohibiting denying a permit for an unpermitted or junior accessory dwelling unit and include a checklist of the conditions that deem a building substandard and to inform homeowners that, before submitting a permit application, the homeowner may obtain a confidential third-party code inspection from a licensed contractor. The bill prohibits a local agency from requiring a homeowner to pay impact fees or connection or capacity charges except under specified circumstances. By imposing additional duties on local agencies, the bill would impose a state-mandated local program. The bill authorizes an inspector from a local agency, upon receiving an application for a permit for a previously unpermitted accessory dwelling unit or junior accessory dwelling unit constructed before January 1, 2020, to inspect the unit for compliance with health and safety standards and provide recommendations to comply with health and safety standards. The bill prohibits the local agency from penalizing an applicant for having an unpermitted accessory dwelling unit and would require the local agency to approve necessary permits to correct noncompliance with health and safety standards.
v. SB 1211 increases the current restriction on the number of ADUs on a multifamily property that can be detached from 2 to up to 8, depending on the existing number of multifamily units on the site. SB 1211 also prohibits local governments from requiring the replacement of surface parking spaces when existing parking is repurposed for ADUs.
Staff comments: In order to bring the City’s ADU ordinance into compliance with the state laws noted above, staff has included the amendments to FCMC Chapter 17.78 Accessory Dwelling Units.
Proposed Amendments (Attachment 1, Exhibit I)
•FCMC Section 17.78.100 Other Provisions. Revised language to require deed restriction for JADUs, including prohibition of the sale of the JADU separate from the sale of the single-family residence; restrictions on the size and attributes of the JADU; and prohibitions on rentals less than thirty consecutive days. Revised language to include that except for JADUs, no owner-occupancy requirement and deed restriction shall be enforced for ADUs.
•FCMC Section 17.78.090 Permit Process. Include language for pre-approval of designs for ADUs.
•Included amendments to FCMC Sections 17.78.060, 17.78.090, and 17.78.100 to update Government Code sections to new sections, 66310 through 66342. •FCMC Section 17.78.100.C Permitting of Existing Unpermitted ADUs or JADUs.
Included provisions for unpermitted or substandard ADUs built before January 1, 2020, noting Chief Building Official shall not deny the permit unless they make a finding that correcting the violation is necessary to comply with the standards specified in Section 17920.3 of the Health and Safety Code or the building is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code. •New Section: Add FCMC Section 17.78.075 Standards applicable to Public Facilities (PF) zoning districts to provide regulations for ADUs in PF zoning districts.
-------------------------------------------------------------------------------------------------------------------- H-D-6-c Amend Parking Requirements. Amend parking requirements for multi-family housing as necessary, including but not limited to setting a maximum of two stalls per unit and reducing guest parking requirements by 50%, to allow General Plan densities and to reduce housing costs and provide appropriate parking requirements for elderly, developmentally disabled, or other special needs populations.
Existing Regulations: The City’s parking regulations are contained in FCMC Chapter
17.62. Amendments to FCMC Chapter 17.62 were adopted via Ordinance 674 at a City Council Special Meeting on March 20, 2024 ( see meeting link). The amendments addressed the portion of this implementation measure to “amend parking requirements for multi-family housing as necessary, including but not limited to setting a maximum of two stalls per unit and reducing guest parking requirements by 50%, to allow General Plan densities and to reduce housing costs.”
FCMC Section 17.62.060.A.5 includes the following parking regulations:
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 one-half off-street parking stalls per bedroom. b. Guest parking shall be provided at a ratio of one-half off-street parking stalls per unit.
Staff Comments: Based on the feedback received from the Land Use subcommittee and Planning Commission, including that there is variation in parking needs for different types of senior citizen housing; for example, affordable rental senior housing may require fewer spaces than market-rate senior rentals or for-sale market-rate senior housing; require a passenger loading/delivery zone for drop-off/pick-up and other short-term use, which could reduce the need for parking; and if the development provides a shuttle program, the amount of parking required could be reduced.
Proposed Amendments (Attachment 1, Exhibit G)
•FCMC Section 17.62.060.A.5 Senior Citizen Rental Housing. Revised to apply the requirements to Supportive Housing as well. Supportive Housing includes housing restricted to the developmentally disabled or other special needs populations. •FCMC Section 17.62.060.A.5.a, revised the parking requirement for “senior citizen rental and supportive housing” to require 0.75 stalls per bedroom for resident parking and added a reference to the potential to reduce the requirement with a Transportation Systems Management Plan. Such a plan could include the provision of a shuttle program.
•FCMC Section 17.62.060.A.5.b, revised the parking requirement for guest parking from 0.5 stalls per unit to 0.25 stalls per unit and that a passenger drop-off zone could reduce the guest parking by five (5) spaces.
•FCMC Section 17.62.060.A.5.c, added reference California Government Code Section 65654 that provides that if a supportive housing development is within 0.5 miles of a public transit stop, a local agency cannot impose minimum parking requirements for the supportive housing units.
•FCMC Section 17.62.095.A.4, revised to add a requirement for a passenger drop- off zone for any senior citizen housing containing five or more dwelling units (rental or non-rental).
-------------------------------------------------------------------------------------------------------------------- Diverse Housing Types – Three (3) Housing Element Implementation Programs are discussed together in this section:
H-D-6-b Minimize Zoning Constraints. Evaluate zoning regulations that discourage the development of diverse housing types, including smaller, more affordable units and two- and three-bedroom units suitable for families and children. Amend City codes, including rescinding minimum floor areas in Chapter 17.56, provide that manufactured homes are permitted in single-family districts, and other amendments to encourage diverse housing types.
H-E-9-a Family Friendly Housing. Promote housing designs and unit mix to attract multigenerational households by encouraging developers to include housing features and more bedrooms (including three-bedroom units), as well as other on-site amenities, such as usable outdoor open space for multigenerational use, and multipurpose rooms that can be used for after-school homework clubs, computers, arts, or other resident activities. To address potential displacement of households with three or more persons, the City will research options to expand regulatory incentives to encourage the development of larger units.
H-E-9-b Small Housing Units. Amend the Zoning regulations to specifically allow housing targeted for extremely low-income households, including single room occupancy (SROs) and group homes for these income groups in the CM/PD, C-2, and PF zoning districts and establish or modify development standards to facilitate the development of SROs, amend regulations to provide expedited review for these housing types, explore funding sources for SROs, and conduct outreach to neighborhood groups, stakeholders, and local businesses regarding the advantages of providing opportunities for new construction and preservation of SROs.
Staff comments: The three (3) programs noted above encourage the provision of diverse housing types and sizes.
The City has already taken several actions to encourage diverse housing types and sizes, including rescinding FCMC Chapter 17.56 Minimum Floor Areas via Ordinance 660, adopting pre-reviewed ADU designs ADUs, and so on to implement program H-D- 6-b.
ADUs also provide for multi-generational housing in single-family zoning districts. In addition, the State density bonus law ( California Government Code Section 65915(h)) provides a density bonus for providing a childcare facility that meets certain requirements as part of a housing development, and this regulation is included in FCMC Chapter 17.86 and meets program H-E-9-a.
A single-room occupancy (SRO) unit is usually small, between 200 and 350 square feet.
These units provide a valuable source of affordable housing for individuals and can serve as an entry point into the housing market for people who previously experienced homelessness (excerpt from HCD website). Unlike a hotel unit with an occupancy limit of no more than 30 days, an SRO unit can be rented for more than 30 days. Staff has included amendments to add SROs as a permitted use in various zoning districts to implement the program H-E-9-b.
Proposed Amendments (Attachment 1, Exhibits A, D, E, and F) •FCMC Section 17.04 Definitions: Added definition for single room occupancy (SRO).
•Added SROs as permitted use in CM Commercial Mix District, C-2 General Business District, and PF Public Facilities zoning districts, and amended FCMC Sections 17.26.020, 17.28.030, and 17.33,020. This will streamline the process.
On September 3, 2024, the City Council, as part of the application for the 2024 Local Housing Trust Fund (LHTF) Program Notice of Funding Availability, approved three (3) loan programs, including Below Market Rate (BMR) Multifamily Rental Development Loan Program, BMR ADU Loan Program, and Low-Income Homeowner Rehabilitation Loan Program. When the city issues notices of funding availability (NOFA) for BMR Multifamily Rental Development Loan Program (scheduled for 2025), staff will include provisions to encourage units of three or more bedrooms and other family-friendly features such as play areas, daycare facilities, etc. to further implement the program, H- E-9-a
-------------------------------------------------------------------------------------------------------------------- H-F-2-e Low Barrier Navigation Centers. In addition to the amendments included in Ordinance 657 to allow LBNCs in C-1 and PF Districts, amend the Zoning regulations to allow low-barrier navigation centers (low-barrier, service enriched shelters focused on moving people into permanent housing that provide temporary living facilities) by right in the R-T, R-3, R-4, C-2, and CM/PD zoning district(s), consistent with AB 101 (2019).
Existing Regulations: The City’s current regulations regarding low barrier navigation centers are contained in:
•FCMC Chapter 17.82 Emergency Shelters, Low Barrier Navigation Centers, and Supportive Housing
•FCMC Chapter 17.02 Definitions
•References to Low Barrier Navigation Centers as a permitted use in FCMC Chapters for C-1, C-2, and PF Districts (C-2 allows all uses listed in C-1 by reference).
Staff comments: AB 101, passed in 2019, requires that a Low Barrier Navigation Center (LBNC) development is allowed as a use by right in areas zoned for mixed-use and nonresidential zones permitting multifamily uses if it meets the requirements specified in Government Code Section 65660 et seq. et seq.
To comply with state law and the commitment in H-F-2-e to allow LBNCs in R-T Townhouse Residence, R-3 Medium-Density Multiple-Family Residence, R-4 High- Density Multiple-Family Residence, C-2 General Business District, and CM/PD Commercial mix/Planned Development, amendments are needed to FCMC Zoning Code Chapters 17.02, 17.16, 17.18, and 17.28 to include revisions to the definition and allow the Low Barrier Navigation Center as a permitted use. FCMC Chapter 17.20 R-4 already references the uses permitted in R-3 Districts, which include emergency shelters and Low Barrier Navigation Centers (Attachment 1, Exhibits B, C, D, E, and J).
Proposed Amendments (Attachment 1, Exhibits A, B, C, D, E, and F) •FCMC Section 17.16.020.G. Adding Low-Barrier Navigation Centers as permitted use in RT Townhouse Residence District.
•FCMC Section 17.18.020.D Adding Low-Barrier Navigation Centers as a permitted use in R-3 Medium Density Multiple-Family Residence District. •FCMC Section 17.26.020.E Adding Low-Barrier Navigation Centers and SROs (and other uses allowed in conjunction with residential uses such as community care facilities since this is a mixed use district) as a permitted use in C-2 General Business District. (See below for discussion regarding addition of supportive housing in mixed use districts).
•FCMC Section 17.28.030.D Adding Low-Barrier Navigation Centers and SROs (and other uses allowed in conjunction with residential uses such as community care facilities since this is a mixed use district) as a permitted use in CM Commercial Mix District. (See below for discussion regarding addition of supportive housing in mixed use districts).
•FCMC Section 17.32.020.E Adding Single room occupancy, transitional housing and supportive housing as permitted uses in PF Public Facilities District. -------------------------------------------------------------------------------------------------------------------- H-F-3-b Supportive Housing. Review and revise the Zoning regulations as amended in January 2023 for consistency with AB 2162, effective January 1, 2019, requiring supportive housing by-right in certain zoning districts.
Existing Regulations: The City’s current regulations related to supportive housing are contained in:
1. FCMC Chapter 17.82 Emergency Shelters, Low Barrier Navigation Centers, and Supportive Housing
2. FCMC Chapter 17.02 Definitions
3. References to supportive housing as a permitted use in FCMC Chapters for R-1, R-2, R-T, R-3, and R-4
Supportive housing is defined in FCMC Chapter 17.04 Definitions as follows:
“Supportive housing” means housing with no limit on length of stay, that is occupied by the target population as defined in Section 65582(i) of the California Government Code, and that is linked to on- or off-site services that assist the supportive housing residents in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.
State law: The two (2) primary requirements of the state law are: 1) that supportive housing be allowed as a permitted use in all zones that allow residential uses, and 2) a streamlined ministerial approval process is provided for proposals that meet certain requirements.
AB 2162, passed in 2018, amended Section 65583.c.3 of the California Government Code to require that supportive housing be a use by right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, as follows:
(3) Address and, where appropriate and legally possible, remove governmental and nongovernmental constrains to the maintenance, improvement, and development of housing, including housing for all income levels, and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. Transitional housing and supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. Supportive housing, as defined in Section 65650, shall be a use by right in all zones where multifamily and mixed uses are permitted, as provided in Article 11 (commencing with Section 65650).
AB 2162 also included streamlining provisions that if the proposed supportive housing development meets specified criteria, the local government is required to approve, within specified periods, a supportive housing development that complies with these requirements. The bill requires that a developer of supportive housing provide the planning agency with a plan for providing supportive services, with documentation demonstrating that supportive services will be provided onsite to residents in the project and describing those services, as provided. The bill also prohibits the local government from imposing any minimum parking requirement for units occupied by supportive housing residents if the development is located within ½ mile of a public transit stop.
Staff comments: The City’s current zoning regulations list supportive housing as a permitted use in the R-1, R-2, R-T, R-3, and R-4 districts. However, the regulations do not list supportive housing as permitted in the City’s mixed-use districts, C-2 and CM, although FCMC Section 17.83.030.B mentions that supportive housing projects are permitted in all zones where multifamily and mixed uses are permitted.
The streamlining provisions of AB 2162, contained in Government Code Section 65651, are included in FCMC Section 17.83.020.B, although they are incorrectly identified for only supportive housing projects in nonresidential zones. The requirements to be eligible for the streamlined process should have been provided for all supportive housing proposals in multifamily and mixed-use zones.
Proposed amendments (Attachment 1, Exhibit D, E, and J) •FCMC Section 17.26.020.E Adding supportive housing as a permitted use in C-2 General Business District.
•FCMC Section 17.28.030.D Adding supportive housing as a permitted use in CM Commercial Mix District.
•Include a provision in FCMC Chapter 17.82 that requires the Community Development Director to prepare an application for the streamlined review process. This would include the municipal code requirements presented in a checklist format for ease of use, similar to examples from Santa Barbara and San Francisco.
CEQA
The City of Foster City, as the Lead Agency, certified the EIR (SCH# 2022010509) for the City of Foster City Housing Element and Safety Element Updates on May 22, 2023, pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. The amendments to Title 17, Zoning, for the implementation of the programs are included in the Housing Element with a timeframe of implementation by December 2024 and were contemplated in the certified EIR. Therefore, no further environmental review is necessary.
FISCAL IMPACT
There is no fiscal impact related to this item except for the staff and consultant time spent on the preparation of the Ordinance.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Smart Planning, Development, and the Local Economy
ATTACHMENTS:
Attachment 1 – Ordinance with Exhibit A through J
Attachment 2 – Planning Commission Resolution P-23-24
Attachment 3 – Draft Meeting Minutes for Land Use Subcommittee meeting, Sept 11, 2024