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ORDINANCE NO.____________
AN ORDINANCE OF THE CITY OF FOSTER CITY MAKING VARIOUS TEXT AMENDMENTS TO TITLE 17, “ZONING” OF THE FOSTER CITY MUNICIPAL CODE – CHAPTER 17.78 - ACCESSORY DWELLING UNITS TO ENSURE COMPLIANCE
WITH STATE LAWS RELATED TO ACCESSORY DWELLING UNITS AND FINDING
THE PROPOSED AMENDMENTS EXEMPT UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINE SECTION 15061(B)(3), COMMON SENSE EXEMPTION AND PUBLIC RESOURCES CODE SECTION 21080.17 – RZ2025-0004
CITY OF FOSTER CITY
WHEREAS, the Planning and Zoning Law authorizes local jurisdictions to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, in 2024, the legislature adopted three (3) key ADU bills: Senate Bill 477 that reorganized ADU laws to Government Code Sections 66310-66342 and Senate Bill 1211 that amended Government Code Section 66323, and Assembly Bill 2533. There would be no proposed text amendments pertaining to Assembly Bill 2533; and WHEREAS, these bills make further revisions to state law, and local jurisdictions need to readopt any local ordinances related to ADUs to include new provisions/clarifications; and
WHEREAS, these bills make further revisions to state law, and local jurisdictions need to readopt any local ordinances related to ADUs to include new provisions/clarifications; and
WHEREAS, on June 9, 2025, a Joint City Council/Planning Commission Special Meeting Study Session was held to update the City Council, the Planning Commission, and the public on the most recent State Laws affecting land use and ADUs; and WHEREAS, 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; and WHEREAS, the Housing Element Programs include the City’s commitment to timeframes for implementation and 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 implementation of these Programs; and 3 6
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WHEREAS, amendments to Foster City Municipal Code, Title 17, Zoning are required for the implementation of the Housing Element program, H-D-4-a; and WHEREAS, on July 17, 2025, the Planning Commission conducted a duly and properly noticed public hearing to take public testimony and consider the proposed amendments to various sections of Chapter 17.78, “Accessory Dwelling Units”, of Title 17, “Zoning” of the Foster City Municipal Code, to ensure compliance with State law related to ADUs and the associated CEQA finding, and after conducting the public hearing, adopted Resolution No. P-09-25 with the Planning Commission recommending City Council approval of the amendments to Chapter 17.78 and CEQA findings; and WHEREAS, on August 6, 2025, a public hearing notice was published and posted for the City Council public hearing for consideration of amendments to Chapter 17.78 and the related CEQA findings, for the City Council public hearing on August 18, 2025; and WHEREAS, on August 18, 2025, the City Council held a duly noticed public hearing where it carefully reviewed and considered the staff report and all attachments thereto, including the Planning Commission’s recommendation regarding the proposed amendments to various sections of Chapter 17.78, “Accessory Dwelling Units”, of Title 17, “Zoning” of the Foster City Municipal Code, to ensure compliance with State law related to ADUs and the associated CEQA finding, including any and all timely submitted correspondence, all information submitted at or prior to the public hearing, and all public comment and testimony presented at the public hearing (collectively, the “Record”).
THE CITY COUNCIL OF THE CITY OF FOSTER CITY DOES FIND AND 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 by reference into this action; and
2. The proposed amendments are internally consistent with all other provisions of the General Plan and do not conflict with any of the previously adopted goals, policies, or programs of the General Plan; and
3. The proposed amendments are necessary to implement the goals and policies of the General Plan through the implementation of the Housing Element; and
4. The proposed Zoning amendments comply with and are required by applicable State laws; and
5. The proposed amendments will not be detrimental to the public interest, convenience, and general welfare of the City; and
6. The proposed amendments are exempt from CEQA Guideline Section 15061(b)(3) and consistent with Public Resources Code Section 21080.17.
Section 2. The proposed actions would update the City’s existing Municipal Code to align with the requirements of the most recent updates to the State’s laws. The actions would not result in physical changes to the environment. Pursuant to the California 3 6
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Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) – Common Sense Exemption. Additionally, Public Resources Code Section 21080.17 states that CEQA does not apply to the adoption of an ordinance to implement the provisions of Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1 of Title 7 of the Government Code. which means that adoption of this ordinance to update the Municipal Code to implement State ADU and JADU law is statutorily exempt from CEQA.
Section 3. Amendment. Various Sections of Chapter 17.78 “Accessory Dwelling Units” within Title 17, “Zoning” of the Foster City Municipal Code are hereby amended by repealing the existing sections of Chapter 17.78 in their entirety and replacing those sections to read as set forth in the attached Exhibit A, attached hereto and incorporated herein by reference. Those Sections within Chapter 17.78 not specifically replaced in Exhibit A, shall remain unchanged in Chapter 17.78.
Section 4. 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 5. Taking Effect. This Ordinance shall take effect and be in force thirty (30) days from and after its adoption.
Section 6. 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 August, 2025, and passed and adopted on the ___ day of __________, ______, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
STACY JIMENEZ, MAYOR
ATTEST:
PRISCILLA SCHAUS, CITY CLERK