ORDINANCE NO.
AN ORDINANCE OF THE CITY OF FOSTER CITY REPEALING AND REPLACING 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 ADOPTING A NEW SECTION 15.20.190, “BOARD OF APPEALS” WITHIN TITLE 15, “BUILDING AND CONSTRUCTION” OF THE FOSTER CITY MUNICIPAL CODE ADOPTING BY REFERENCE AND AMENDIN 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 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, 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 repealing and replacing 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 Planning Commission as Board of Appeals to hear and decide appeals of decisions made by the building official and the related CEQA findings, for the City Council public hearing on September 2, 2025; and
WHEREAS, on September 2, 2025, the City Council directed that the public hearing for adoption of the ordinance be scheduled and noticed for September 15, 2025; and
WHEREAS, in accordance with Government Code section 50022.3 and section 6066, on September 3 and 10, 2025, a public hearing notice was published for the City Council public hearing for consideration of repealing and replacing 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 Planning Commission as Board of Appeals to hear and decide appeals of decisions made by the building official and the related CEQA findings, for the City Council public hearing on September 15, 2025; and
WHEREAS, on September 15, 2025, the City Council held a duly noticed public hearing where it carefully reviewed and considered the staff report and all attachments thereto, including repealing and replacing 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 Planning Commission as Board of Appeals to hear and decide appeals of decisions made by the building official 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. Findings.
The City Council finds that the unique characteristics of the topography and the balance of industrial, commercial, and residential property in the City of Foster City require the adoption and local amendments to certain sections of the 2025 California Building Code.
These modifications are needed and reasonably necessary due to local conditions, and are intended to protect the health, safety, and welfare of residents and property in the City.
Findings of Fact
Topographical Conditions. Foster City’s man-made island setting creates a unique development pattern characterized by limited access points, lagoon systems, and constrained rights-of-way. These conditions make the siting, massing, and structural design of buildings closely tied to land use and planning considerations. The Planning Commission, as the body most familiar with land use, circulation, and site development patterns, is therefore the most appropriate body to evaluate appeals of building code interpretations. This ensures that structural safety decisions are integrated with Foster City’s distinctive landform and access constraints.
Climatic Conditions. The City’s exposure to high winds across the Bay and seasonal rainfall patterns increases risks related to drainage, flooding, and windborne impacts on structures. The Planning Commission’s regular involvement in reviewing site planning and stormwater management matters positions it to more effectively evaluate appeals of building code interpretations that intersect with these climatic hazards. This ensures consistent application of safety requirements across both land use and building regulation.
Geologic Conditions. Foster City is underlain by Bay Mud, subject to liquefaction and seismic risk. Structural safety decisions often cannot be separated from geotechnical and land use considerations, especially in areas requiring deep foundations, soil improvement, or setbacks from lagoon and levee edges. The Planning Commission is uniquely situated to evaluate these appeals because it routinely reviews projects for geotechnical feasibility, shoreline stability, and emergency access. Assigning the Planning Commission as the appeals body ensures that seismic and soil-related building code interpretations are reviewed considering Foster City’s unique subsurface conditions.
Section 2. Amendments to Appeals Provisions. In lieu of establishing a separate local appeals board, the Planning Commission of the City of Foster City is hereby designated and shall serve as the appeals body for purposes of California Code of Regulations, Title 24. Any person aggrieved by a decision, interpretation, or determination made by the Building Official concerning the requirements of Title 24, California Code of Regulations, as adopted and amended by the City, may appeal such decision to the Planning Commission in accordance with the appeal procedures established in this Chapter. The decision of the Planning Commission shall be final unless further appeal is made to the City Council in accordance with the Foster City Municipal Code.
Section 3. California Environmental Quality Act. The adoption of this ordinance is exempt from the California Environmental Quality Act (“CEQA”), in that the adoption of State codes and the local amendments herein 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).
Section 4. Amendment. Sections 15.02.120,15.04.110, 15.06.080, 15.08.080, and
15.16.070 are hereby repealed and replaced in their entirety and a new section 15.20.190 is added within Title 15, “Building and Construction” of the Foster City Municipal Code as set forth in Exhibit A, attached hereto.
Section 5. The Council finds that these changes are substantially equivalent to changes that were previously filed by the City of Foster City and were in effect as of September 30, 2025, as the City Council had previously established a Board of Appeals but is now designating the Planning Commission as the body that shall convene as the Board of Appeals.
Section 6. 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 7. Taking Effect. This Ordinance shall take effect on January 1, 2026.
Section 8. 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 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
Exhibit A
Section 15.02.120 within Chapter 15.02 “Building Code” of Title 15, “Building and Construction” of the Foster City Municipal Code is hereby repealed and replaced in its entirety to read as follows:
“15.02.120 Section 113, Chapter 1, Division 2 amended—Means of appeals.
Section 113, Chapter 1, Division 2 of the California Building Code is amended to read as follows:
113.1. General. 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.
113.2. Limitations on Authority. 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.
113.3 deleted
113.4 deleted”
Section 15.04.110 within Chapter 15.04 “Residential Code”, of Title 15, “Building and Construction” of the Foster City Municipal Code is hereby repealed and replaced in its entirety to read as follows:
“15.04.110 Section R112, Chapter 1, Division 2 amended— Board of appeals.
Section R112, Chapter 1, Division 2 of the California Residential Code is amended to read as follows:
R112.1. General. 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.
R112.2. Limitations on Authority. 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.
R112.3 deleted
R112.4 deleted”
Section 15.06.080 Section 15.06.080 within Chapter 15.06 “Existing Building Code”, of Title 15, “Building and Construction” of the Foster City Municipal Code is hereby repealed and replaced in its entirety to read as follows:
“15.06.080 Section 112 amended—Means of appeals.
Section 112 of the California Existing Building Code is amended to read as follows:
112.1. General. 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.
112.2. Limitations on Authority. 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.
112.3 deleted
112.4 deleted”
Section 15.08.080 of Chapter 15.08 “Mechanical Code”, of Title 15, “Building and Construction” of the Foster City Municipal Code is hereby repealed and replaced in its entirety to read as follows:
15.08.080 Section 107.0, Chapter 1, Division 2 amended—Board of appeals.
Section 107.0 of the California Mechanical Code is amended to read as follows:
107.1. General. 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.
107.2. Limitations of Authority. 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.”
Section 15.16.070 of Chapter 15.16 “Plumbing Code”, of Title 15, “Building and Construction” of the Foster City Municipal Code is hereby repealed and replaced in its entirety to read as follows:
15.16.070 Section 107.0, Chapter 1, Division 2 amended—Board of Appeals Section 107.0 of the California Plumbing Code is amended to read as follows:
107.1. General. 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.
107.2. Limitations of Authority. 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.”
A new section 15.20.190 is hereby added to Chapter 15.20 “Electrical Code” within Title 15, “Building and Construction” of the Foster City Municipal Code to read as follows:
“Section 89.108.8 amended- Appeals Board.
Section 89.108.8 of the California Electrical Code is amended to read as follows:
89.108.8.1. General. 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.
89.108.8.2 deleted
89.108.8.3. Appeals. 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.”