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6 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
Vanessa Brannon, Senior Management Analyst
DEPARTMENT: Community Development
SUBJECT: ADOPTION OF THE INITIAL STUDY/NEGATIVE DECLARATION PREPARED FOR THE CLIMATE ACTION PLAN (CAP) 2024
UPDATE AND ADOPTION OF THE CAP 2024 UPDATE
RECOMMENDATION
It is recommended that the City Council take the following actions:
1. Approve a Resolution Adopting the Initial Study/Negative Declaration prepared for the Foster City Climate Action Plan 2024 Update (Attachments 1 and 2); and
2.Approve a Resolution Adopting the Foster City Climate Action Plan 2024 Update (Attachments 3 and 4).
EXECUTIVE SUMMARY
Foster City's Climate Action Plan (CAP) is a comprehensive document that aims to address and mitigate the impacts of climate change locally, reflecting the City's commitment to environmental stewardship and sustainable development.
The City's first CAP was adopted in 2016 and needs updating to reflect new state legislation, changing priorities, and updated/new environmental sustainability and greenhouse gas (GHG) emissions reduction policies. The CAP 2024 Update serves as an update to the 2016 CAP and provides a set of implementation measures and programs
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6 to address climate change by reducing GHG emissions associated with vehicle trips, energy consumption, and solid waste. The 2024 CAP Update also meets requirements for streamlining environmental review of future development projects.
Staff would like to present the Draft CAP 2024 Update (Attachment 4) and recommends that the City Council adopt the CAP 2024 Update and the associated Initial Study/Negative Declaration to meet the California Environmental Quality Act (CEQA) requirements to become a CEQA-qualified CAP.
Foster City's Draft CAP 2024 Update sets forth an objective of slashing GHG emissions by almost 50% below 2005 levels by 2030, marking a pivotal step toward the overarching aim of an 88% reduction by 2045.
Under CEQA, local government agencies must inform the public and decision-makers about the potential environmental effects of proposed projects. Staff and consultants completed the necessary review under CEQA. An Initial Study/Negative Declaration was developed for the Foster City CAP 2024 Update, as no significant effects on the environment were identified, eliminating the need for further analysis or mitigation measures.
A public review period was open from September 18 through October 18 for both documents, including the Draft CAP 2024 Update and the associated Initial Study/Negative Declaration. Staff received comments on the Draft CAP 2024 Update, which are added as Attachment 5. No public comments were received on the Initial Study/Negative Declaration.
BACKGROUND
The CAP is designed to be a blueprint for the community's response to the challenges presented by climate change, including a plan for the reduction of GHG emissions.
California relies on its counties and cities to strive for emissions reductions where the State has no immediate influence through local land use policies, transportation measures, energy and water conservation programs, and other initiatives.
The City Council adopted Foster City's first CAP in 2016 ( link here), establishing GHG emissions reduction targets and identifying strategies to mitigate climate change caused by GHG emissions. The CAP set reduction targets for GHG emissions of 15% by 2020, 20% by 2025, and 80% by 2050 compared to 2005 levels. The 2016 CAP also identified 42 reduction measures related to energy use, transportation, land use, solid waste, water, and education, which served as a roadmap for reducing GHG emissions.
California State Law does not require local agencies to have climate action plans, but various state laws incentivize their use. Of California's 482 cities, approximately 200 have CAPs, and of the 58 counties, almost two (2) dozen have CAPs. 8 0
6 The CAP also falls under the City's Sustainable Foster City Initiative, first developed in 2008. Sustainable Foster City aims to safeguard and enhance Foster City's economic and natural resources, ensuring a better quality of life for all its residents. It is grounded in sustainability principles and focuses on three main areas: caring for the environment and natural resources (Environmental Sustainability), promoting fairness and well-being among community members (Social Equity and Engagement), and boosting the community's economic health (Economic Development).
The CAP 2024 Update resulted from the extensive community engagement following a robust Community Engagement Plan. This plan laid out the goals, target audiences, demographic insights of Foster City, and a strategic approach for effective communication and engagement with the City's diverse communities.
The Community Engagement Plan aimed to achieve several key objectives:
•Ensure the plan reflects Foster City's diverse communities' unique perspectives, priorities, and values.
•Educate, empower, and motivate residents and businesses to foster a collective understanding of climate change and encourage proactive measures. •Establish a clear and actionable framework for community-led initiatives within the CAP Update.
•Enhance collaboration and strengthen partnerships between the City, its residents, and other stakeholders to align on common goals.
To accomplish these goals, the project team comprising of City staff, consultants, and Citizens Sustainability Advisory Committee (CSAC) members planned various community interactions and activities, set timelines, defined key messages, designed a style guide and visuals, updated the project website, and produced additional materials to boost community participation. The engagement process unfolded in three (3) stages:
Phase One—Raising Awareness: Initial efforts aimed at making the community aware of the CAP 2024 Update initiative, inviting input on their visions and concerns, and informing them about ongoing sustainability projects.
Phase Two—Developing Goals and Planning: This stage was crucial for deepening community engagement, establishing or reinforcing stakeholder connections, and discussing the CAP 2024 Update's fundamental components with the community.
Following this, in November 2022, the team drafted the CAP 2024 Update, marking a significant milestone in the project.
Phase Three—Refining and Implementing the Plan: This phase focused on refining the Draft CAP 2024 Update based on City staff and community feedback. This phase also includes beginning the groundwork for implementing the plan's strategies.
Throughout 2023 and part of 2024, the project team engaged in extensive community engagement, interacting with over 2,000 community members in person, via email or phone, or at one of the many workshops, booths, and events. The complete CAP 8 0
6 community engagement process is available in Appendix E of Attachment 4 – Foster City CAP 2024 Update.
ANALYSIS
Draft Framework of the CAP (April 2024)
On April 1, 2024, staff provided an informational report on the "Foster City Draft Climate Action Plan Update" to the City Council. At that meeting, the City Council approved the Draft Framework of the CAP, which provided the Project Team with the guidance to develop further and complete the Draft CAP 2024 Update.
Draft CAP 2024 Update (September 2024 Version)
Several changes were made to the City Council-approved Draft CAP Framework (approved in April 2024) to develop the September 2024 Draft CAP Update. The significant changes are highlighted below. Other changes/edits were made to clean up language for clarity and overall grammar edits. The City's community engagement consultants also created a graphic version of the Draft CAP 2024 Update from the original text-only framework.
•Document Title Change
Framework: City of Foster City 2023 Climate Action Plan Draft CAP 2024 Update 9/24: City of Foster City Climate Action Plan 2024 Update
•Executive Summary
Framework: CAP goal – 50% GHG Emissions reduction by 2030.
Draft CAP 2024 Update 9/24: CAP Goal – 49% reduction by 2030. This change is reflected in all sections of the CAP and more precisely aligns with the State's goals.
•Section 1: Introduction
Framework: Table 1.1 List of Climate Action Plan Target Measures and GHG Emission Reduction Impact
Draft CAP 2024 Update 9/24: Updated Table 1.1 List of Climate Action Plan Target Measures and GHG Emissions Reduction Impact (see below). The table also indicates if the Measure has been adjusted or is new in the September 2024 Version.
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6 Table 1: List of Climate Action Plan Target Measures Changes from the April 2024 Framework to the September 2024 Version
ID # TARGET MEASURE – SEPTEMBER 2024 VERSION SECTOR
GHG
IMPACT
CHANGE FROM
APRIL 2024
FRAMEWORK
E-W.1.1 Promote and expand participation in residential and commercial energy efficiency programs
Energy &
Water
0 MTCO2e
No
Change
E-W.1.2
Reduce municipal energy consumption through
energy efficiency projects and behavioral and
operational changes
Energy &
Water
0 MTCO2e
No
Change
E-W.2.1 Increase residential and commercial solar
installations
Energy &
Water
0 MTCO2e
No
Change
E-W.2.2
Decarbonize existing commercial and residential
buildings to reduce natural gas consumption from
existing commercial buildings by 19% and natural
gas consumption from existing residential buildings
by 25% by 2030 or reduce greenhouse gas
emissions by 10,896 MTCO2e in existing
commercial and residential buildings by 2030
Energy &
Water
-10,896
MTCO2e
Revised
language and
emissions
E-W.2.3
Support Peninsula Clean Energy in providing 100%
carbon-neutral electricity by 2030 and maintain a
Peninsula Clean Energy opt-out rate of less than
2% for residential customers and less than 3% for
commercial customers by 2030
Energy &
Water
-9,289
MTCO2e
Revised
language and
emissions
E-W.2.4 Reduce GHG Emissions associated with
Residential and Commercial new construction
Energy &
Water
-3,675
MTCO2e
New Measure
(now separate
from E-W.2.2)
E-W.3.1 Reduce water consumption by 5% by 2030 and
15% by 2045
Energy &
Water
0 MTCO2e
No
Change
T-L.1.1 Reduce vehicle miles traveled in the City Transportation & Land Use
0 MTCO2e
Revised
language
T-L.2.1 Increase the passenger ZEV adoption to 31% and
commercial ZEV adoption to 25% by 2030
Transportation
& Land Use
-20,109
MTCO2e
Revised
language and
emissions
T-L.2.2 Decarbonize 18% of gas-powered equipment by
2030
Transportation
& Land Use
-1,935
MTCO2e
New
Measure
T-L.3.1 Increase the community's active transportation
mode share to 4% by 2030
Transportation
& Land Use
-100
MTCO2e
Revised
language
W-C.1.1 Significantly reduce organic waste to landfills Waste & Consumption
0 MTCO2e
No
Change
W-C.1.2 Annually procure and apply 1,581 tons of compost by 2030
Waste &
Consumption
-627
MTCO2e
New
Measure
C-L.1.1
Collaborate with community stakeholders to create
Local Climate Action Programs that empower
individuals to make behavioral changes
Resiliency &
Leadership
0 MTCO2e
No
Change
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6 C-L.1.2 Develop adaptation strategies to assist the Foster City community to the effects of climate change
Resiliency &
Leadership
0 MTCO2e
No
Change
TOTAL CAP GHG EMISSIONS REDUCTION = -46,631 MTCO2e
•Section 5: Greenhouse Gas (GHG) Emissions Reduction Target Framework: 2030 reduction target = 34,490 MTCO2e
Draft CAP 2024 Update 9/24: Updated 2030 reduction target to 46,631 MTCO2e to align with updated projections.
The 2030 to 2050 GHG Emissions forecasts were updated with more current housing and population projections for Foster City. The 2019 GHG Inventory did not change.
Draft CAP 2024 Update (November 2024 Version)
Staff further revised the September 2024 version of the Draft CAP 2024 Update, published online for public review from September 18 through October 18. The suggested revisions by the Consultant were made to better align the CAP with state goals, more specific measures and actions with the best available substantial evidence and to increase the defensibility of the CAP 2024 Update. Table 2 below includes the revisions made to the document.
Table 2: Changes From the September 2024 Version to the Current November 2024 Version (Attachment 4)
Topic
Draft CAP Update
(September 2024 Version)
Draft CAP Update
(November 2024 Version)
2005 Inventory 2005 emissions: 265,768 MT
CO2e
2005 emissions: 265,777 MT CO2e
2045 Target An 85% reduction by 2045 below
2005 levels
An 88% reduction by 2045 below
2005 levels This change is reflected in
all sections of the CAP and more
precisely aligns with the State's goals.
Measure E-W.2.2
(Existing Building
Electrification
Measure)
E -W.2.2 Decarbonize existing
commercial and residential
buildings to reduce natural gas
consumption from existing
commercial buildings by 19% and
natural gas consumption from
existing residential buildings by
25% by 2030 or reduce GHG
emissions by 10,896 MTCO2e in
existing commercial and
residential buildings by 2030
E -W.2.2 Decarbonize existing
commercial and residential buildings
to reduce natural gas consumption
from existing commercial buildings
by 19% and natural gas consumption
from existing residential buildings by
25% by 2030 or reduce GHG
emissions by 10,792 MTCO2e in
existing commercial and residential
buildings by 2030
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6 Action E -W.2.2.1
(Existing Building
Electrification
Action)
E -W.2.2.1: Adopt amendments
to the Foster City Building Code
for Green Building, Energy, and
Plumbing during the Foster City
Building Code 2025 cycle
E -W.2.2.1: Adopt amendments to
the Foster City Building Code for
Green Building, Energy, and
Plumbing during the Foster City
Building Code 2025 cycle including a
two-way air conditioning ordinance
Measure E -
W.2.3 (Peninsula
Clean Energy
Measure)
E -W.2.3 Support Peninsula
Clean Energy in providing 100%
carbon-neutral electricity by 2030
and maintain a Peninsula Clean
Energy opt-out rate of less than
2% for residential customers and
less than 3% for commercial
customers by 2030
E -W.2.3 Support Peninsula Clean
Energy in providing 100% carbon-
neutral electricity by 2030 and
maintain a Peninsula Clean Energy
opt-out rate of less than 2% for
residential customers and less than
2% for commercial customers by
2030
Measure E-W.2.4
(New Building
Electrification
Measure)
E-W.2.4 Reduce GHG emissions
associated with residential and
commercial new construction
E-W.2.4 Adopt a single margin
source energy score for new
residential and commercial
construction that exceeds the State's
minimum standards by 2026
Action E-W.2.4.1
(New Building
Electrification
Action)
E-W.2.4.1: Continue and expand
participation in energy efficiency
programs as they become
available
E-W.2.4.1: Adopt a single margin
source energy score that exceeds
state minimums for all applicable
building types during the Foster City
Building Code 2025 cycle
Actions T-L.2.1.5,
T-L.2.1.6, and T-
L.2.1.7 (EV
Charger Actions)
T-L.2.1.5: Encourage the
installation of new electric vehicle
charging stations in commercial
spaces by streamlining the permit
process and reducing financial
barriers, adding 100 new
stations. T-L.2.1.6: Leverage
incentives from PCE and expand
charging infrastructure in existing
multi-unit dwellings, adding 50
new stations. T-L.2.1.7: Expand
EV charging installations at
redeveloped multi-unit dwellings
on the sites included in the
Housing Element, adding 150
new stations.
T-L.2.1.5: Facilitate public-private
partnerships and streamline permits
to install 313 publicly accessible EV
chargers in Foster City by 2030
Measure T-L.2.2
(Off-road
Measure)
Decarbonize 13% of gas-
powered equipment by 2030
Decarbonize 18% of gas-powered
equipment by 2030
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6 Additionally, the GHG emission forecast and reduction targets were updated after the Consultant recalculated for more precise calculations.
Table 3: Updated 2030 Reduction Targets
GHG EMISSION FORECAST OR
REDUCTION TARGET
2030 GHG EMISSIONS
(MTCO2e)
(SEPTEMBER VERSION)
2030 GHG EMISSIONS
(MTCO2e)
(NOVEMBER VERSION)
Business-as-usual Forecast 228,862 228,862
Adjusted Forecast (adjusted for State
Measures)
182,153 182,154
GHG Emissions Target (after Measure
reductions)
135,546 135,546
GHG Emissions Reduction Needed 46,607 46,608
GHG Emissions Reductions
(Implementing Foster City Measures)
(46,631) (46,688)
GHG Emissions Gap (after
Implementing Foster City Measures)
(24) (80)
TARGET ANTICIPATED TO BE MET? YES YES
Staff has published the latest Draft CAP Update 2024 version online, along with a redline version of all the changes made to the September 2024 version.
Measure T-L.3.1
(Active
Transportation
Measure)
T-L.3.1 Encourage active
transportation as an alternative to
vehicular travel.
T-L.3.1 Increase the community's
active transportation mode share to
4% by 2030.
Measure W-C.1.2
(Compost
Procurement
Measure)
Annually procure and apply 1,581
tons of compost by 2030
Annually procure and apply 2,500
tons of compost by 2030
Action W-C.1.2.1
(Compost
Procurement
Action)
W-C.1.2.1: Align with SB 1383
requirements to procure and
apply 1,581 tons of compost
annually by 2030.
W-C.1.2.1: Align with and exceed SB
1383 requirements to procure and
apply 2,500 tons of compost annually
by 2030.
Action W-C.1.2.2
(Compost
Procurement
Action)
W-C.1.2.2: Collaborate with San
Mateo County to identify
locations within the county to
apply compost if locations within
the City cannot be identified
W-C.1.2.2: Collaborate with San
Mateo County to identify locations
within the county to apply compost if
locations within the City cannot be
identified
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6 The Draft CAP 2024 Update (November 2024) Overview
Foster City has made significant progress in its climate goals, reducing GHG emissions by 59,810 metric tons of CO2 equivalents (MTCO2e) from 2005 to 2019, a 22.5% decrease from 2005 levels, meeting the 2016 CAP's emission reduction targets. The Draft CAP 2024 Update details the pathway to achieving 46,688 MTCO 2e emissions reductions by 2030.
The Draft CAP comprises of six (6) sections, including the following:
Section 1: Introduction
Section 2: What is Climate Change?
Section 3: Greenhouse Gas (GHG) Emissions
Section 4: Greenhouse Gas (GHG) Reduction Targets
Section 5: Strategies to Reduce Greenhouse Gas (GHG) Emissions Section 6: Conclusion
In addition, there are six (6) appendices, including Climate Regulatory Context, Glossary of Abbreviations, Community Engagement, 2019 GHG Inventory, the Implementation Plan, and the Development Checklist.
The Draft CAP 2024 Update includes information about why the City is updating its original plan, climate hazards in Foster City, the methodology used to create the 2019 GHG Inventory, forecasting models for years 2030 to 2045, and strategies to reduce GHG emissions. Some of the strategies in the CAP Update are expansions or updates to existing ones found in the original 2016 CAP.
To create actionable goals and target measures, the City utilized its 2019 GHG Emissions Inventory to understand what sectors contributed the highest GHG emissions in Foster City. The Draft CAP 2024 Update provides a roadmap to reduce GHG emissions and promote climate action and sustainable living in four (4) sectors:
•Energy and Water
•Transportation and Land Use
•Water and Consumption
•Climate Resiliency and Leadership
Based on the 2019 Inventory, the Transportation sector is the highest source of GHG, contributing 57% of overall emissions. The second highest source is non-residential building use (electricity, natural gas, and other fuel sources), with 28% of emissions (see Figure 1, CAP, p.10). However, all energy usage in the City's built environment (residential and commercial electricity and natural gas use) was 42% of overall emissions. An in-depth analysis is included in the Draft CAP 2024 Update. 8 0
6 Implementing the CAP over the next few years is crucial for the City to achieve its primary goal of a 49% reduction by 2030. To ensure full implementation of the CAP, staff will need to work together with civic and business leaders and community partners to maintain momentum and ensure accountability. Staff will provide annual progress reports, including GHG emissions inventories, and maintain a climate action dashboard on the City's sustainability website (sustainable.fostercity.org). The Implementation Plan, as outlined in Appendix E of the Draft CAP 2024 Update, includes several actions under the four (4) sectors discussed above with associated timeline, partnership opportunities, cost, GHG impact, and success criteria (see pages 89-94 of Draft CAP 2024 Update).
Public Comment
The Draft CAP framework was released to the public from March 13 to April 15, 2024. All public comments came after the April 1, 2024, City Council Meeting, where the Climate Action Plan Framework was approved. Staff also received new comments from the second public comment period from September 18 to October 18, 2024.
We received six public comments, four on the April 2024 Draft and two on the September 2024 Final Draft. Below is a summary of the key points raised:
October 2024 Draft Public Comments and CAP Response
1. Multi-Unit Dwellings (MUDs) EV Charging: One commenter expressed concern that the target of 200 new EV charging stations in MUDs by 2030 is insufficient, given the expected growth in EV ownership. They recommended the City adopt reach codes requiring EV infrastructure installation whenever parking lots are paved or repaved and suggested using cost-effective solutions like conduit and Level 1/Level 2 outlet-based charging systems.
CAP Response: The Draft CAP 2024 Update includes actions to: (1) facilitate public- private partnerships and streamline permits to install 313 publicly accessible EV chargers in Foster City by 2030; (2) leverage incentives from PCE and expand charging infrastructure in existing multi-unit dwellings, adding 50 new stations; and (3) expand EV charging installations at redeveloped multi-unit dwellings on the sites included in the Housing Element, adding 150 new stations. (Action T-L.2.1.5).
2. Transportation and Public Transit Improvements: Another commenter supported the transportation goals but highlighted the need for more efficient public transit to reduce congestion, especially near highways 92 and 101. They proposed a subsidized local electric bus service connecting residents to nearby CalTrain stations and suggested exploring partnerships with companies like Zoox for autonomous electric vehicles (EVs). They also recommended improvements in pedestrian and cyclist safety and better use of parking spaces. 8 0
6 CAP Response: The Draft CAP 2024 Update addresses reducing vehicle miles traveled commuting to work through actions that support current and possible future public transportation (actions T-L.1.1.1, T-L.1.1.3, and T-L.1.1.4). The actions found in Measure T-L.3.1 (Increase the community's active transportation mode share to 4% by 2030) directly address safety and enhance City policies related to increasing bike/scooter use.
3. Flood Risk and Disaster Insurance: The same commenter also raised concerns about the growing difficulty of obtaining insurance in California due to climate risks, such as fire and flooding. They recommended that the City explore a community- based disaster insurance plan to protect residents and businesses from economic losses due to climate-related disasters.
CAP Response: No response, as this is outside the purview of the CAP.
April 2024 Draft Public Comments
1. Sustainable Upgrades Incentives: A commenter highlighted the high costs associated with sustainable infrastructure upgrades, such as energy-efficient windows and EV charging installations for residents. They urged the City to provide financial support and install free public EV chargers. Additionally, they suggested reallocating funds from non-essential projects, such as road resurfacing, to green initiatives.
CAP Response: The CAP 2024 Update includes about a dozen actions that support residential energy efficiency and upgrades, electrification, partnerships with Peninsula Clean Energy, and EV charging infrastructure.
2. Electrification and Grid Reliability: One commenter raised concerns about the reliability of Foster City's electrical grid, citing PG&E's unstable service. They recommended partnering with Peninsula Clean Energy to add utility-scale energy storage. The commenter also emphasized the need to improve MUD EV charging infrastructure to meet the City's 30% EV adoption target by 2030, proposing a mix of incentives and regulations for workplaces and MUDs to install chargers.
CAP Response: The CAP 2024 Update includes about a dozen actions that support residential energy efficiency and upgrades, electrification, partnerships with Peninsula Clean Energy, and EV charging infrastructure. Reach codes and electrification were discussed in depth at the April 1, 2024 Council Meeting.
3. General Feedback and Accessibility: A commenter requested that Foster City's Climate Action Plan (CAP) include comparisons to other cities' CAPs for context. 8 0
6 They also suggested creating a shorter, more accessible version of the CAP, such as a one-page summary or video, to engage more residents.
CAP Response: While there is no city-to-city comparison in the CAP, a summary factsheet can be found here.
4. Sierra Club Recommendations:
The Sierra Club provided detailed feedback, including:
1. Increasing tree canopy and biodiversity to enhance climate resilience and promote walkability and bikeability.
2. Prioritizing nature-based solutions for sea level rise, such as wetlands and living levees, in alignment with SB 272.
3. Estimating resources needed for timely completion of CAP measures, such as funding and staff capacity.
4. Setting specific targets for reducing vehicle miles traveled (VMT), similar to other cities' CAPs.
5. Clarifying the permit and rebate process for residents seeking to electrify their homes.
6. Providing resources, such as Redwood Energy's Watt Diet Calculator, to assist residents in electrifying their homes without costly panel upgrades and including model reach codes for EV and building electrification from BayAreaReachCodes.org.
CAP Response:
1. An action was added to Measure C-L.2.1 (Develop adaptation strategies to assist the Foster City community with the effects of climate change) relating directly to increasing the City's tree canopy.
2. The CAP addresses GHG emission reductions as a response to various environmental hazards affecting Foster City (Section 2: What is Climate Change?).
3. The Implementation Plan expands on all the actions contained in the plan, including a timeline, cost, and partnerships for each.
4. We chose not to include specific targets for Vehicle Miles Traveled (VMT) by focusing directly on reducing VMT of workday commuters (Measure T- L.1.1: Reduce vehicle miles traveled commuting to work).
5. Measures E-W.2.1 and E-W.2.2 include actions that support and offer education to residents seeking to electrify their homes.
6. Measure E-W.1.1 (Promote and expand participation in residential and commercial energy efficiency programs) includes actions that promote energy efficiency and energy audits.
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6 The public comments reflect strong support for enhancing EV infrastructure, improving transportation options, providing financial incentives for residents, and prioritizing nature- based strategies for climate resilience.
All the comments received to date have been packaged into Attachment 5 – Community Comments Regarding the Foster City Climate Action Plan 2024 Update.
California Environmental Quality Act (CEQA)
CEQA includes requirements for the analysis of potential environmental effects of the CAP. As part of the CAP process, City staff and consultants completed an Initial Study and Negative Declaration for the Foster City CAP 2024 Update, as the plan was shown to not have a significant effect on the environment, further explained below.
The process of developing a CEQA-qualified CAP for streamlining the review of future development projects is also explained below.
CEQA Review of CAP
The CAP 2024 Update was evaluated through an environmental review process (Initial Study) to assess whether it will cause significant environmental effects. If significant environmental impacts are identified, an Environmental Impact Report (EIR) will be prepared. A Negative Declaration may be issued if there are no significant environmental impacts, or a Mitigated Negative Declaration may be issued if the significant effects can be mitigated to less than significant levels.
A Negative Declaration was completed (Attachment 2) for the CAP 2024 Update. As required under the California Code of Regulation (CCR) Section 15072 - Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration, a lead agency shall provide a notice of intent to adopt a negative declaration or mitigated negative declaration to the public, responsible agencies, trustee agencies, and the county clerk of each county within which the proposed project is located, sufficiently prior to adoption by the lead agency of the negative declaration or mitigated negative declaration to allow the public and agencies the review period provided under CCR Section 15105.
Public Review and Input
The CEQA process allows the public and stakeholders to review the Draft Negative Declaration and provide input, particularly on its environmental impacts and proposed mitigation measures. The City issued a Notice of Intent (NOI) to adopt the Negative Declaration, initiating a 30-day public review period from September 18 to October 18, 2024. Additionally, the City submitted the NOI and other relevant documents to the State Clearinghouse (SCH). The public review and state review period for the CEQA document concluded with no public comments.
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6 Following the public review period for the Draft Negative Declaration, additional changes were made to the CAP. These changes are reflected in the updated Draft Negative Declaration (Attachment 2) and were analyzed to determine if any of the changes warranted changes to the conclusions in the Draft Negative Declaration or the changes constituted substantial revisions that would require recirculation of the Draft Negative Declaration. After review it was determined that the changes to the CAP did not result in any new significant environmental impacts or mitigation measures, constitute substantial revisions, or otherwise change the findings of the Draft Negative Declaration. (The redline version of the revised Draft Negative Declaration showing the changes is available on the CAP Update website.
Adoption
After completing the required review, the Negative Declaration is adopted by the lead agency, in this case the Foster City City Council, with the finding that the CAP does not result in any significant environmental impacts. Any other agency taking action on a project is a "responsible agency" under CEQA and must make a finding that it considered the Negative Declaration prior to taking action on the project (CEQA State Guidelines Section 15096).
CEQA-Qualified CAP for Streamlined Review of Development Projects A CEQA-Qualified CAP can streamline the review of future projects under CEQA, provided the projects are consistent with the CAP's goals for reducing GHG emissions and addressing climate challenges. Section 15183.5(b)(1) of the California Environmental Quality Act (CEQA) Guidelines establishes several criteria which a plan must meet to be considered a qualified GHG reduction plan and allow for programmatic CEQA streamlining of project GHG emissions. The CAP 2024 Update contains the plan elements required by Section 15183.5(b)(1) as follows:
A. Quantify greenhouse gas emissions, both existing and projected over a specified time period, resulting from activities within a defined geographic area; B. Establish a level, based on substantial evidence, below which the contribution to greenhouse gas emissions from activities covered by the plan would not be cumulatively considerable;
C. Identify and analyze the greenhouse gas emissions resulting from specific actions or categories of actions anticipated within the geographic area; D. Specify measures or a group of measures, including performance standards, that substantial evidence demonstrates, if implemented on a project-by-project basis, would collectively achieve the specified emissions level; E. Establish a mechanism to monitor the plan’s progress toward achieving the level and to require amendment if the plan is not achieving specified levels; F. Be adopted in a public process following environmental review. 8 0
6 In order to document the substantial evidence on which the calculations of GHG reductions are based, a “Substantial Evidence Memorandum” was prepared ( Attachment 6).
A Development Checklist (Appendix F of the CAP) is provided to streamline the review of future projects. The Development Checklist was developed by Bay Area Air Quality Management District (BAAQMD) to evaluate a project based on its effect on California's efforts to meet the State's long-term climate goals. BAAQMD is a bay area authority on air quality and GHG emissions and therefore utilizing the BAAQMD Development Checklist is appropriate. This approach is based on the California Supreme Court's decision in Center for Biological Diversity v. Department of Fish & Wildlife (2015) (62 Cal.4th 204). (For additional explanation, see BAAQMD's Air Quality Guidelines, Appendix B: CEQA Thresholds for Evaluating the Significance of Climate Impacts From Land Use Projects and Plans, April 2022.)
FISCAL IMPACT
Implementing the various programs outlined in the Implementation Plan of the Draft CAP 2024 Update will have a fiscal impact. However, adopting the Draft CAP 2024 Update does not directly result in financial obligations. The City Council will guide the implementation of these programs through the annual policy calendar, budgeting processes, or other directions given to staff. Some programs are already being carried out as part of ongoing staff work, while others require additional funding.
The Draft CAP 2024 Update requires periodic reviews to assess implementation progress. To facilitate this, the City has created a dashboard that will be available on its sustainability website (sustainable.fostercity.org).
Fiscal Year 2024-2025 funding for Draft CAP 2024 Update programs is available in two (2) separate City accounts:
ACCOUNT AVAILABLE FUNDING
Community Development Budget – Sustainable Foster City
(012-0110-413-42-51) $111,138.00
Construction and Demolition Fund – Climate Mitigation and Adaption Plan and CEQA Compliance (129-0932-431-42-51) $90,000.00 TOTAL FUNDING AVAILABLE $201,138.00
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
8 0
6 Innovation and Sustainability
ATTACHMENTS:
Attachment 1 –Resolution Adopting the Negative Declaration Pursuant to the California Environmental Quality Act
Attachment 2 – Exhibit A to Resolution Adopting the Negative Declaration Pursuant to the California Environmental Quality Act: Draft Initial Study/Negative Declaration Attachment 3 –Resolution Adopting the Foster City Climate Action Plan 2024 Update Attachment 4 – Exhibit A to Resolution Adopting the Climate Action Plan 2024 Update:
Climate Action Plan 2024 Update
Attachment 5 – Community Comments Regarding the Foster City Climate Action Plan 2024 Update
Attachment 6 – Foster City Substantial Evidence Memorandum