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RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY REPEALING THE 2009 PARKS AND OPEN SPACE ELEMENT AND AMENDING THE GENERAL PLAN BY ADOPTING THE 2025 PARKS AND OPEN SPACE ELEMENT AND FINDING
THAT THE ADOPTION OF THE ELEMENT IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES 15061(B)(3)
CITY OF FOSTER CITY
WHEREAS, a general plan contains the community vision for future growth, California law also requires each general plan to address the mandated elements listed in Government Code section 65302; and
WHEREAS, the mandatory elements for all jurisdictions are Land Use, Circulation, Housing, Conservation, Open Space, Noise, and Safety; and WHEREAS, Foster City’s Parks and Open Space Element was last adopted in September 2009; and
WHEREAS, the State Office of Land Use and Climate Innovation, LCI (previously known as the Office of Planning and Research or OPR) recommends comprehensively updating a General Plan every 10-15 years to reflect changes in community values, economic conditions, and emerging issues and challenges; and WHEREAS, Senate Bill (SB) 1425 requires that the Open Space Element be updated by January 1, 2026, with expanded requirements including consideration of climate resilience in coordination with the Safety Element; and WHEREAS, SB 1425 also explicitly focuses on "rewilding opportunities," or creating and preserving open space networks to support biological and recreational uses; and
WHEREAS, Assembly Bill (AB) 1889 requires the General Plan Conservation Element to consider the effect of development within the jurisdiction on the movement of wildlife and habitat connectivity; and
WHEREAS, AB 1889 requires the Conservation Element, upon the next update of one or more elements on or after January 1, 2028, to, among other things, identify and analyze connectivity areas, permeability, and natural landscape areas within the jurisdiction, identify and analyze existing or planned wildlife passage features, and consider the impacts of development and the barriers caused by development to wildlife, as defined, and habitat connectivity; and
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WHEREAS, to ensure compliance with SB 1425 and AB 1889 requirements in a timely manner, the City of Foster City began work on updating the two (2) Elements, including the Parks and Open Space Element, and Conservation Element; and WHEREAS, California Government Code Sections 65352 – 65352.4 require that before a legislative body takes action to adopt or substantially amend a general plan, the planning agency shall refer the proposed action to a number of entities or conduct consultations with California Native American tribes that are on the contact list. The City has referred the Parks and Open Space Element to all California Native American tribes on the contact list provided by the Native American Heritage Commission; and WHEREAS, no California Native American Tribe has requested consultation; and WHEREAS, the City conducted extensive community outreach, including one (1) joint workshop, two (2) focus groups, two (2) pop-up events, a dedicated webpage, and one (1) community priorities survey and social media, e-news, emails, and notices; and WHEREAS, on August 8, 2025, the City published an administrative draft of the Parks and Open Space Element and requested public comment on the draft until September 2, 2025; and
WHEREAS, as provided in Government Code Section 65353, the Planning Commission shall hold at least one (1) public hearing before approving a recommendation on the adoption or amendment of a general plan; and
WHEREAS, as provided in Government Code Section 65354, the Planning Commission shall make a written recommendation on the adoption or amendment of a general plan; and
WHEREAS, on October 2, 2025, the Planning Commission conducted a duly and properly noticed public hearing to take public testimony and consider this Resolution regarding the 2025 Parks and Open Space Element, reviewed the Element and all pertinent documents and exhibits, staff report and all attachments, and oral and written public comments; and
WHEREAS, on October 2, 2025, the Planning Commission adopted Resolution No. P-12-25, with a majority of the Planning Commission (voted 4-0-0-1 (1-absent)) recommending City Council approval of the 2025 Parks and Open Space Element; and WHEREAS, on October 15, 2025, a public hearing notice was published in the newspaper (Foster City Islander) and posted in three public places, and mailed pursuant to California Code Section 65090 for the City Council public hearing; and WHEREAS, the City Council has reviewed and considered the draft 2025 Parks and Open Space Element, all written correspondence, verbal testimony, staff reports, and supporting documents and reports prepared.
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NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby finds that, based on substantial evidence in the record:
1. The foregoing recitals are true and correct and are incorporated by reference into this action.
2. The proposed project conforms to the provisions and standards of the General Plan in that 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.
3. The proposed General Plan Amendment complies with, and is required by, applicable State law.
4. The proposed amendments will not be detrimental to the public interest, convenience, and general welfare of the City. The amendments will ensure Foster City’s General Plan is consistent with current state law. The updated Element establishes the City’s vision, goals, policies, and implementation programs for how its recreational and natural areas, including parks, natural open space, facilities, and recreation programs, are developed, maintained, and enriched.
5. The City, as lead agency under the California Environmental Quality Act (“CEQA”), has completed analysis, and the 2025 Parks and Open Space Element and determined that the Updates are exempt from the California Environmental Quality Act (CEQA) based on the “common sense exemption” in CEQA Guidelines Section 15061(b)(3), which applies if it can be seen with certainty that a project will not have the potential to cause a significant effect on the environment. The Updates involve the adoption of policy documents to establish the City’s vision, goals, policies, and programs for the provisioning and management of natural and recreational areas within the city, as well as the protection of natural and cultural resources. These policy documents, in and of themselves, do not include any proposed projects or development. The Updates do not propose or approve any physical development and will not result in changes to the physical environment, nor will they result in potential environmental impacts. To the extent that the Updates do identify potential future projects or development, those would be analyzed if and when the City approves those projects in accordance with CEQA.
BE IT FURTHER RESOLVED that the City Council of the City of Foster City, therefore, repeals the 2009 Parks and Open Space Element and adopts the 2025 Parks and Open Space Element as set forth in Exhibit A, incorporated herein by this reference and attached hereto.
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PASSED AND ADOPTED as a Resolution by the City Council of the City of Foster City at the Regular Meeting held on the 3rd day of November 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________
STACY JIMENEZ, MAYOR
ATTEST:
_____________________________
PRISCILLA SCHAUS, CITY CLERK
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EXHIBIT A
Parks and Open Space Element – Final Clean Version
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EXHIBIT B
Parks and Open Space Element Legislative Consistency Checklist