DATE: December 16, 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: AMENDING THE FOSTER CITY ZONING MAP TO MODIFY THE
PREVIOUSLY APPROVED GENERAL DEVELOPMENT PLAN
(RZ-98-007) BY REMOVING REFERENCES TO GRADE LEVELS
“K-5” AND REPLACING THEM WITH THE TERM “SCHOOL” FOR
THE PJCC AT 800 FOSTER CITY BOULEVARD
RECOMMENDATION
It is recommended that the City Council introduce by title only and waive further reading of an Ordinance to amend the Foster City Zoning Map to modify the previously approved General Development Plan (RZ-98-007) by removing references to grade levels “K-5” and replacing them with the term “School” for the PJCC at 800 Foster City Boulevard and finding the project exempt from the California Quality Act (CEQA) under CEQA guidelines section 15301 Existing Facilities.
EXECUTIVE SUMMARY
The subject site, located at 800 Foster City Boulevard, is known as Peninsula Jewish Community Center (PJCC). It includes a School, a Cultural Arts Center and Auditorium, a Fitness Center with an Indoor and Outdoor Pool, and other associated Educational, Cultural, and Recreational Facilities.
On June 7, 1999, the City Council adopted Ordinance No. 467 (Attachment 5), approving an amendment to the Foster City Zoning Map to change the existing zoning from PF
(Public Facilities) to a PF/PD (Public Facilities/Planned Development) District with a General Development Plan (GDP) allowing development of a K-5 School, a Cultural Arts Center and Auditorium, a Fitness Center with Indoor Pool, and Outdoor Pool, and other associated Educational Cultural and Recreational Facilities, landscaping and parking on the subject site (RZ-98-007). Subsequently, the Planning Commission adopted Resolution No. P-86-00 approving the construction of a 145,732 SF Community Center consisting of a Cultural Arts facility with seating for 500, a K-5 school for 250 students, an Early Childhood Education facility for 300 students, a fitness center including an indoor pool, two (2) outdoor pools, adult classrooms, a teen center, and administrative offices (UP-99-022).
However, the Applicant notes that the school at the subject site has been operating as a Kindergarten through 8th grade (K-8) school since 2004 and currently operates as Transitional Kindergarten through 8th grade (TK-8), not Kindergarten through 5th grade (K-5), as noted in the GDP and Use Permit.
Thus, the applicant requested amending the GDP and the Use Permit to remove references to grade levels “K-5” and replace them with the term “School” (per definition included in the Foster City Municipal Code Section 17.04) so that the operation of the school is consistent with the GDP and Use Permit and also to allow for greater flexibility if the existing school would like to change its grade offerings in the future.
On November 21, 2024, the Planning Commission considered and voted 4-0-0-1 (1- absent) to adopt Resolution No. P-26-24 (Attachment 2), recommending City Council adoption of an amendment to the Foster City Zoning Map to modify the previously approved General Development Plan (RZ-98-007) by removing references to grade levels “K-5” and replacing them with the term “School” for the PJCC at 800 Foster City Boulevard (RZ2024-0011). The Planning Commission also voted 4-0-0-1 (1-absent) to adopt Resolution No. P-27-24 (Attachment 3), approving a Specific Development Plan/Use Permit Modification to amend the previously approved Specific Development Plan/Use Permit (UP-99-022) by removing references to grade levels “K-5” and replacing them with the term “School” for the PJCC at 800 Foster City Boulevard (UP2024-0025), contingent upon Council approving the amendment to the Foster City Zoning Map.
The City Council is being requested to accept the Planning Commission’s recommendation to adopt an Ordinance amending the Foster City Zoning Map to modify the previously approved General Development Plan (RZ-98-007) by removing references to grade levels “K-5” and replacing them with the term “School” for the PJCC at 800 Foster City Boulevard and finding the project exempt from CEQA under CEQA guidelines section 15301 Existing Facilities.
BACKGROUND
On August 28, 2024, Adam Eilath (“Applicant”), on behalf of the PJCC, submitted two (2) applications seeking amendments to the previously approved GDP and Specific Development Plan/Use Permit. The first application requests a GDP amendment to modify the previously approved General Development Plan (RZ-98-007) by removing references to grade levels “K-5” and replacing them with the term “School” for the PJCC (RZ2024-0011). The second application requests a Specific Development Plan/Use Permit Modification to amend the previously approved Specific Development Plan/Use Permit (UP-99-022) by removing references to grade levels “K-5” and replacing them with the term “School” for the PJCC (UP2024-0025).
The subject site is located within the public and semi-public area of Neighborhood 1. It is bounded by an existing surface parking lot and Foster City Boulevard to the north, Foster’s Landing Apartments to the east, Foster Square Development (mixed-use residential, senior housing, retail) to the west, and Shell Boulevard and Leo J. Ryan Park to the south. The buildings on site are associated with the PJCC, and Ronald C. Wornick Jewish Day School (The Wornick School), a co-tenant of the PJCC.
The Wornick School is a co-tenant with the PJCC on the site owned by the PJCC. The Applicant states that the Wornick School has been operating as a K-8 school since 2004 and currently operates as a TK-8 school. They would like to amend the GDP and Use Permit in order to be in compliance with the site's GDP and original Use Permit. See Project Description (Attachment 4). The proposed change would allow for flexibility in case the school would like to change grade offerings in the future. This request does not include any interior or exterior modifications.
Figure 1: Location Map; Source: NearMap
PLANNING COMMISSION PUBLIC HEARING NOVEMBER 21, 2024
On November 21, 2024, staff presented the applicant’s proposal to the Planning Commission. The Applicant also attended the meeting and provided additional information. The Commission considered the request and all supplemental information.
Commissioner Pedro asked whether the approval of the requests could be approved in one motion. Staff responded to the Commission that two motions were required, one to recommend approval of the GDP amendment to the City Council and one to approve the Use Permit Modification request.
Commissioner Jagtiani asked if there were any other schools within the City that are facing the same problem and need to update their GDPs or Use Permits to be consistent with operations. Staff stated that there are none, to staff’s knowledge. Commissioner Jagtiani also requested information about licensing. The Applicant responded to the Commission of school licensing requirements and clarified that there is no licensing requirement specifically for a middle (secondary) school.
At the conclusion of the meeting, the Commission approved both Resolutions by a vote of 4-0-0-1 (Absent: Bronitsky). Please click the link for the November 21, 2024, Planning Commission meeting materials.
ANALYSIS
GENERAL PLAN AND ZONING CONSISTENCY
General Plan Land Use
The Land Use Map of the General Plan designates the use of the subject site as “Public and Semi-Public.” The City’s General Plan includes Public and Semi-Public land use category as follows:
Public and Semi-Public shall be “Reserved for uses which are generally public serving in nature, including religious institutions, private schools, government offices, and fire and police facilities.”
According to the General Plan, the subject site is designated for Public and Semi-Public use, and the proposed revision to the GDP and Use Permit will not change the use of the property. The proposal to remove the references to grade levels “K-5” and replace them with the term “School” will make the existing operation of the school consistent with the GDP and Use Permit and also will allow for greater flexibility in the future. The number of students and faculty will not change as a result of this amendment.
General Development Plan/Rezoning and Use Permit
On June 7, 1999, the City Council adopted Ordinance No. 467 (Attachment 5) approving an amendment to the Foster City Zoning Map to change the existing zoning from PF (Public Facilities) to a PF/PD (Public Facilities/Planned Development) District with a GDP allowing a K-5 School, a Cultural Arts Center and Auditorium, a Fitness Center with Indoor Pool, and Outdoor Pool, and other associated Educational Cultural and Recreational Facilities (RZ-98-007). Replacing “K-5” with the term “school” requires a General Development Plan Amendment/Rezoning.
On December 7, 2000, the Planning Commission adopted Resolution No. P-86-00 approving the construction of a 145,732 SF Community Center consisting of a Cultural Arts facility with seating for 500, a K-5 school for 250 students, Early Childhood Education facility for 300 students, a fitness center including an indoor pool, two outdoor pools, adult classrooms, a teen center, and administrative offices (UP-99-022). Removal of the “K-5” reference requires a Use Permit Modification.
The applicant is requesting approval of a GDP Amendment (RZ2024-0011) to remove references to grade levels “K-5” and replacing them with the term “School.” As noted earlier, the Use Permit modification request (UP2024-0025) was approved by the Planning Commission on November 21, 2024.
Foster City Municipal Code
Section 17.04 Definitions
Per Section 17.04, “School means a facility for primary or secondary education, including public school, charter school, and private and parochial school having curricula comparable to that required in the public schools of the state of California.” Section 17.36.100 Amendment of development
Per Section 17.36.100(A), changes in the general development plan shall be considered the same as changes in the zoning map, requiring Planning Commission Public Hearing and recommendations to City Council, and City Council approval. Please refer to Chapter 17.74, for more details.
Section 17.74.020 Rezoning of property
Per Section 17.74.020, “Any amendment to this title which changes any property from one district to another district, or imposes any regulation upon property not theretofore imposed, or removes or modifies any such regulation, shall be initiated and adopted as hereinafter set forth in this chapter.”
Conclusion
The proposed amendment to the GDP to remove references to grade levels “K-5” and replace them with the term “School,” will not increase the number of students, faculty, or staff members. All operational aspects and provided parking on site will remain the same.
The proposal does not change the existing use of the site, as it will only allow for greater flexibility in the grade level offerings, and ensures that the use continues to be consistent with the approved GDP.
California Environmental Quality Act
Categorically Exempt per California Environmental Quality Act (CEQA) Guideline; Class 1, Existing Facilities
FISCAL IMPACT
There is no fiscal impact associated with this report.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Smart Planning, Development, and the Local Economy
ATTACHMENTS:
Attachment 1 – Ordinance
Attachment 2 – Planning Commission Resolution P-26-24
Attachment 3 – Planning Commission Resolution P-27-24
Attachment 4 – Project Description
Attachment 5 – Ordinance No. 467