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RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY
ESTABLISHING NEW FEE FOR APPEALS TO THE BOARD OF APPEALS AND
FINDING THE ESTABLISHMENT OF THE FEE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINE SECTION 15061(B)(3)
CITY OF FOSTER CITY
WHEREAS, the City of Foster City has the authority to impose fees, charges, and rates to offset the costs for municipal services and regulatory programs under its police powers under California Constitution Article XI section 7; and WHEREAS, it is the general policy of the City to charge for the full costs of services provided by City Staff when such services benefit individual users rather than members of the community as a whole; and
WHEREAS, to better achieve the City’s cost recovery goals, the City Council deems it advisable and in the best interests of the City to adopt and update certain fees, included in the City’s Master Fees and Service Charges; and WHEREAS, the California Building Code Section 1.8.8 mandates that every city, county, or city and county shall establish a process to hear and decide appeals of orders, decisions and determinations made by the enforcing agency relative to the application and interpretation of this code and other regulations governing construction, use, maintenance and change of occupancy; and
WHEREAS, the Community Development Department recommends establishing a new fee for the appeal to the Board of Appeals; and
WHEREAS, the Fees comply with Article XIII-C of the California Constitution because they are either (1) charges imposed for a specific government service or product that are not imposed on those not receiving the service or product and do not exceed the City’s reasonable costs of providing the service or product; or (2) charges imposed for the reasonable regulatory costs to the City for issuing licenses and permits, performing investigations, inspections, and audits, and administrative enforcement and adjudication thereof.
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF FOSTER CITY does resolve as follows:
Section 1. The City Council does hereby find and determine based upon the aforementioned Record as follows:
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1. The foregoing recitals are true and correct and are incorporated by reference into this action; and
2. The proposed amendments are exempt from CEQA Guideline Section 15061(b)(3).
Section 2. The fee for an Appeal to the Board of Appeals pursuant to sections
15.02.120, 15.04.110, 15.06.080, 15.08.080, 15.16.070, and 15.20.190, as may be amended, and any other section of the Foster City Municipal Code, except section
15.24.140 (Fire Code), wherein a right of appeal to the Board of Appeals is provided shall be as set forth and incorporated herein by reference (hereinafter “Fees”), and are hereby approved and adopted as the applicable fees to be paid to the City of Foster City.
Ref No. Revenue Title Fees FY 2025-26
CDB-18 (New) Appeals Actual Cost* of service with a minimum $1,000 Deposit at the time of filing
* "Actual Cost" is time and materials, including all direct and indirect overhead costs. "Actual Cost" is charged against the required deposit.
Section 3. Effective Date. This Resolution shall be effective as of January 1, 2026.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby approve the fee for an Appeal to the Board of Appeals.
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 2nd day of September 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
STACY JIMENEZ, MAYOR
ATTEST:
PRISCILLA SCHAUS, CITY CLERK