DATE: September 15, 2025
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
FROM: Sofia Mangalam, Community Development Director
Chuck Venook, Chief Building Official
DEPARTMENT: Community Development
SUBJECT: FOSTER CITY MUNICIPAL CODE AMENDMENTS TO TITLE 15, “BUILDING AND CONSTRUCTION” RELATING TO THE BOARD
OF APPEALS
RECOMMENDATION
It is recommended that the City Council open the public hearing and adopt the Ordinance (Attachment 1) repealing and replacing Foster City Municipal Code (FCMC) sections: 15.02.120, “Means of Appeals” adopting by reference and amending Section 113 of the California Building Code; 15.04.110, “Board of appeals” adopting by reference and amending Section R112 of the California Residential Code; 15.06.080, “Means of Appeals” adopting by reference and amending Section 112 of the California Existing Building Code; 15.08.080, “Board of Appeals” adopting by reference and amending Section 107.0 of the California Mechanical Code; 15.16.070, “Board of Appeals” adopting by reference and amending Section 107.0 of the California Plumbing Code; and adding a new FCMC Section 15.20.190, “Board of Appeals” within Title 15, “Building and Construction” of the FCMC adopting by reference and amending Section
89.108.8 of the California Electrical Code to designate the Planning Commission as the Board of Appeals to hear and decide appeals of decisions made by the Building Official and finding the finding the amendments exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).
EXECUTIVE SUMMARY
The California Building Standards Law (Health & Safety Code §§ 18901-18949.31) creates a process for adopting statewide building standards, which are codified in Title 24 of the California Code of Regulations as the California Building Standards Code.
The California Building Standards Commission is required to publish an edition of the California Building Standards Code every three (3) years (Health & Safety Code § 18942, subd. (a)).
Local governments are allowed to amend the building standards and regulations under Health & Safety Code Section 17922; however, the changes must be reasonably necessary because of local climatic, geological, or topographical conditions, and specific findings need to be made and filed with the California Building Standards Commission. (See Health & Safety Code §§17958, 17958.5, 17958.7).
BACKGROUND
California Building Code (CBC) Section 1.8.8, within Part 1, Ch. 1 of Title 24 of the California Code of Regulations 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 the CBC and other regulations governing construction, use, maintenance, and change of occupancy. It 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 the CBC and other regulations governing construction, use, maintenance, and change of occupancy. It 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.
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 §§ 17920.5 and 17920.6.
The requirements for a Board of Appeals can be found across different sections of the Building Standards Code, including the CBC, Residential Code, Existing Building Code, Mechanical Code, Plumbing Code, and Electrical Code. These codes all outline the process for appealing decisions made by Building Officials related to the interpretation and application of the various building standards. The Board of Appeals cannot be a single hearing officer and must be a city council or an appeals board.
ANALYSIS
In order to comply with CBC requirements, an Ordinance adopting by reference specific sections of the CBC, Residential Code, Existing Building Code, Mechanical Code, Plumbing Code, and Electrical Code, and making certain amendments in FCMC Title 15, Building and Construction, was introduced by the City Council on September 2, 2025. Additionally, staff presented amendments to Section 2.28.090 within Chapter
2.28, “Planning,” of Title 2, “Administration and Personnel” of FCMC to add duties of Board of Appeals to the Planning Commission and a Resolution establishing a new fee for appeals to the Board of Appeals. Link: September 2, 2025, City Council Meeting After deliberation, the majority of the City Council (via 3-2-0 vote, Vice Mayor Kiesel and Councilmember Sullivan voted “no,”) took the following actions:
1. Passed the Ordinance (Attachment 1) amending Title 15, “Building and Construction” as stated above to a second reading and adoption and scheduled the public hearing for September 15, 2025.
2. Passed the Ordinance amending Title 2, “Administration and Personnel” to a second reading and adoption (see link for the Ordinance).
3. Approved a Resolution, a new fee for appeals, and directed staff to engage a neutral third-party to assist with preparing staff reports when an appeal appear before the Planning Commission (see link for Resolution).
Given Council’s direction at September 2, 2025, meeting to engage a neutral third-party to assist with preparing reports for when appeals appear before the Planning Commission, staff will be establishing a policy to engage a professional consultant/consulting firm to provide independent analysis and prepare staff reports for appeals brought before the Planning Commission. The policy will be brought before the Planning Commission for their review and approval. The policy will outline the scope of work and integration into the existing appeal process to ensure neutrality, transparency, fairness and consistency in decision-making.
An Ordinance (Attachment 1) proposing amendments to FCMC Sections 15.02.120,
15.04.110, 15.06.080, 15.08.080, and 15.16.070, and adding a new Section 15.20.190 within Title 15, “Building and Construction” of FCMC to designate the Planning Commission as the Board of Appeals to hear and decide appeals of decisions made by the Building Official. These revisions would adopt, by reference, specific sections within the 2025 Building Code, Residential Code, Existing Building Code, Mechanical Code, Plumbing Code and Electrical Code relating to appeals and make amendments to those sections. The revisions would generally add the following paragraphs to the sections:
In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relating to application, and reasonable interpretation of the provisions of this code, in the event of disagreement with the determination of the Building Official, there shall be and is hereby created a Board of Appeals, consisting of five members experienced in building construction. The Building Official shall act as Secretary of the Board. The City of Foster City Planning Commission shall convene as the Board of Appeals. The Board of Appeals shall adopt reasonable rules and regulations for conducting its investigations and shall consider all evidence or proof submitted and conduct, or cause to be conducted, any investigations or tests it deems necessary and shall render all decisions and findings in writing to the Building Official with a duplicate copy to the appellant and may recommend to the City Council such new legislation as is consistent therewith.
An application for an appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The board shall not have authority to waive requirements of this code.
Pursuant to Government Code Section 50022.3, when an ordinance adopts another code by reference, the City Council must specify the public hearing date for the adoption of the ordinance. On September 2, 2025, the public hearing was scheduled for September 15, 2025.
Public Notice
Since the City is adopting by reference certain sections of the CBC, Residential Code, Existing Building Code, Mechanical Code, Plumbing Code, and Electrical Code, the City must follow the process specified in Government Code section 50022.3, including publishing notice of the hearing for the second reading of the ordinance in accordance with Government Code Section 6066 (Published once a week for two consecutive weeks, at least five days apart).
Per the requirement, notice of the meeting was published in the Foster City Islander on September 3 and 10, 2025.
Staff is recommending that the City Council open this public hearing and adopt the attached Ordinance.
California Environmental Quality Act
The adoption of the ordinance is exempt from CEQA in that the adoption of State codes and the local amendments described do not have the potential for causing a significant effect on the environment, pursuant to Sections 15061(b) (3) and 15378(b) (5) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations) as they are administrative in nature.
FISCAL IMPACT
There is no fiscal impact with the adoption of the ordinance.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Smart Planning, Development, and the Local Economy
ATTACHMENTS:
Attachment 1 – Ordinance