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ORDINANCE NO.____________
AN ORDINANCE OF THE CITY OF FOSTER CITY AMENDING SECTION 2.28.090 WITHIN CHAPTER 2.28, “PLANNING,” OF TITLE 2, “ADMINISTRATION AND PERSONNEL” OF THE FOSTER CITY MUNICIPAL CODE TO ADD DUTIES OF
BOARD OF APPEALS TO THE PLANNING COMMISSION AND FINDING THE
AMENDMENTS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINE SECTION 15061(B)(3)
CITY OF FOSTER CITY
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 California Building Code requires local jurisdictions to establish a process to hear and decide appeals of orders, decisions and determinations made by the enforcing agency relating to the application and interpretation of this code and other regulations governing construction, use, maintenance and change of occupancy and further notes that members of the appeals board(s) shall not be employees of the enforcing agency and shall be knowledgeable in the applicable building codes, regulations and ordinances as determined by the governing body of the city, county, or city and county; and
WHEREAS, additionally, where no such appeals boards or agencies have been established, the governing body of the city, county, or city and county shall serve as the local appeals board or housing appeals board as specified in California Health and Safety Code Sections 17920.5 and 17920.6; and
WHEREAS, in order to comply with California Building Code requirements, staff is recommending that the Planning Commission be designated as Board of Appeals to hear and decide appeals of decisions made by the building official; and WHEREAS, on August 20, 2025, a public hearing notice was published for the City Council public hearing for consideration of amendments to the section 2.28.090 within Chapter 2.28, “Planning,” of Title 2, “Administration and Personnel” of the Foster City Municipal Code to add duties of Board of Appeals to the Planning Commission and the related CEQA findings, for the City Council public hearing on September 2, 2025; and WHEREAS, on September 2, 2025, the City Council held a duly noticed public hearing where it carefully reviewed and considered the staff report and all attachments thereto, including amendments to the Section 2.28.090 within Chapter 2.28, “Planning,” of Title 2, “Administration and Personnel” of the Foster City Municipal Code to add duties 3 6
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of Board of Appeals to the Planning Commission and the related 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 exempt from CEQA Guideline Section 15061(b)(3).
Section 2. Amendment. Section 2.28.090 within Chapter 2.28, “Planning,” of Title 2, “Administration and Personnel” of the Foster City Municipal Code is hereby amended by repealing the existing section 2.28.090 of Chapter 2.28 in its entirety and replacing the section to read as set forth in the attached Exhibit A, attached hereto and incorporated herein by reference. Those Sections within Chapter 2.28 not specifically replaced in Exhibit A, shall remain unchanged in Chapter 2.28.
Section 3. 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 4. Taking Effect. This Ordinance shall take effect on January 1, 2026.
Section 5. 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. 3 6
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This Ordinance was introduced and read on the 2nd day of September 2025, and passed and adopted on the 15th day of September 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
STACY JIMENEZ, MAYOR
ATTEST:
PRISCILLA SCHAUS, CITY CLERK
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Exhibit A
Section 2.28.090 Powers and duties of Chapter 2.28 “Planning” of Title 2, “Administration and Personnel”, of the Foster City Municipal Code is hereby repealed and replaced to read as follows:
“2.28.090 Powers and duties.
The planning commission shall have all powers and duties imposed upon a planning commission and zoning agency by the Planning and Zoning Law of the state, subject to the provisions of this code and shall act as the advisory agency pursuant to the Subdivision Map Act of the state, subject to the provisions of this code. The Planning Commission shall also act as 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, wherein a right of appeal to the Board of Appeals is provided. The Board of Appeals shall make a final determination on the suitability of alternate materials, methods of construction, and reasonable interpretation of applicable sections of Title 15 of the Foster City Municipal Code, in the event of disagreement with the determination of the Building Official.”