DATE: December 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
Leslie Carmichael, Consultant Planner
DEPARTMENT: Community Development
SUBJECT: HOUSING ELEMENT IMPLEMENTATION - SINGLE FAMILY AND
TWO-FAMILY OBJECTIVE DESIGN AND DEVELOPMENT
STANDARDS AND STREAMLINE 100% AFFORDABLE
HOUSING
RECOMMENDATION
It is recommended that the City Council open the public hearing and take the following actions:
1. Introduce and waive further reading of Ordinance (Attachment 1) amending Title 17, “Zoning” of the Foster City Municipal Code by adding a new Chapter 17.15 “Single- Family and Two-Family Objective Design and Development Standards” and finding the amendments within the scope of the Environmental Impact Report (EIR) prepared for the Foster City Housing and Safety Element Update (SCH Number 2022010509) – RZ2024-0005
2. Introduce and waive further reading of Ordinance (Attachment 2) amending Title 17 “Zoning” of the Foster City Municipal Code by repealing and replacing chapters 17.50 “Accessory Buildings and Uses” and 17.54 “Yards”, and amending Chapters 17.04 “Definitions”, 17.12 “R-1 Single-Family Residence District”, 17.14 “R-2 Two-Family Residence District”, 17.58 “Architectural Control and Supervision”, and 17.96 “Multifamily and Residential Mixed Use Objective Design and Development Standards”, and finding the amendments are within the scope of the Environmental Impact Report (EIR) prepared for the Foster City Housing and Safety Element Update (SCH Number 2022010509)
3. Adopt a Resolution (Attachment 3) rescinding “Architectural and Solar Guidelines” and various city-wide policies, including Policy No. 2001-113 - Awnings; Policy No. 2-2000 Reroofing Policy; Policy No. 03-001 - Copper Gutters, Downspouts And Flashing Policy; Policy No. 18-10 Window Replacement Policy; Policy No. 01-02 - Bay/Bow/Garden And Greenhouse Window Policy; Policy No. 1-2000 - Solar Impacts; and Policy No. 2-2000 – Exterior Color Change Policy.
EXECUTIVE SUMMARY
The Housing Element is an integral part of the Foster City General Plan, which identifies the City’s housing needs, states the City's goals and objectives regarding housing production, rehabilitation, preservation, and conservation to meet those needs, and defines the policies and programs necessary to achieve them. The two (2) Housing Element Programs relevant to this staff report include:
1. H-B-4-a Update Architectural and Solar Guidelines for Single Family Homes Update the Architectural and Solar Guidelines to implement the City’s Architectural Review requirements contained in Chapter 17.58 of the Foster City Municipal Code to ensure that development preserves the architectural character and scale of the neighborhoods and community and is well designed.
Responsible Agency: Community Development Department
Timeframe: Update Architectural and Solar Guidelines by December 2025
2. H-D-6-a Minimize Governmental Constraints.
The City will review the entire development process and remove any governmental and regulatory constraints to the production of affordable housing, including streamlining the preliminary review process and to allow more types of projects to be approved at the staff level. The City will: 1) engage with affordable housing developers to identify governmental constraints, 2) continue to evaluate and improve the streamlined processing system to facilitate residential development, and 3) streamline 100% affordable housing with a priority staff-level planning entitlement process.
Responsible Agencies: Community Development Department, Public Works Department, Planning Commission, City Council
Timeframe: Engage with affordable housing developers by December 2024, amend zoning code to streamline processing system by December 2025; repeat in 2028 Government Code Section 65400 requires each jurisdiction to prepare an annual progress report (APR) on the jurisdiction’s status and progress in implementing its housing element.
Each jurisdiction’s APR must be submitted to California Housing and Community Development (HCD) and the Governor’s Office of Land Use and Climate Innovation (LCI) (formerly Office of Planning and Research or OPR) by April 1 of each year (covering the previous calendar year). HCD also created the Housing Accountability Unit to enforce Housing Elements and ensure that jurisdictions follow through with their housing element commitments by implementing their goals, policies, and programs.
For the implementation of the two (2) said programs, staff has prepared attached Ordinances, which includes adding a new draft Chapter 17.15 and amending Chapters
17.04 “Definitions”; 17.12 “R-1 Single-Family Residence District”; 17.14 “R-2 Two-Family Residence District”; 17.58 “Architectural Control And Supervision”; and 17.96 “Multifamily and Residential Mixed-Use Objective Design And Development Standards” and repealing and replacing Chapters 17.50 “Accessory Buildings and Uses”, and 17.54 “Yards” in Title 17, Zoning of FCMC. These were presented to the Planning Commission at a public hearing on November 20, 2025.
Prior to taking action at the November 20, 2025, meeting, the Planning Commission approved staff recommendation to revise references to C-U zoning district in the proposed Section 17.58.020(B)(3) to C-O, C-A, and to preserve Policy No. 1-2000 (Evaluating Room Additions for Waterfront Properties) and Policy No. 03-002 (Security Gates) until the design standards for waterfront properties and fences are considered in 2026. With those revisions, the Foster City Planning Commission voted 5-0-0-0 to approve and recommend the foregoing ordinances and the resolution to the City Council (see Attachment 4 for Planning Commission meeting minutes and 5 for Resolutions).
NOTICING/PUBLIC OUTREACH
• Ad in the Foster City Islander – December 03, 2025
• Foster City website at www.fostercity.org – December 03, 2025 • Posted on the City’s official posting locations – December 03, 2025 • Planning Listserv Email – December 03, 2025
• Housing Element Update Listserv Email – December 03, 2025 • HOAs Listserv Email and Regular Mail – December 03, 2025 • Affordable Housing Listserv Email – December 03, 2025
BACKGROUND
1. Housing Element program, H-B-4-a Update Architectural and Solar Guidelines for Single Family Homes
When reviewing applications for property improvements to single-family or two-family homes, staff rely on development standards, design guidelines, and policies outlined in various chapters of Foster City Municipal Code (FCMC) Title 17 Zoning, Architectural and Solar Guidelines (design guidelines), numerous city-wide policies, as well as Homeowners Association (HOAs) prototypes.
City’s existing design guidelines and policies aim for overall compatibility and a preferred aesthetic but involve subjective interpretations despite containing some objective standards. Additionally, the design guidelines and policies are intended to be considered “guidelines,” not performance standards or “rules.” As such, they depend on decision- makers' subjective judgments, which can lead to lengthy review periods and, occasionally, additional conditions of approval that may increase project costs.
The work on “objective design and development standards” for single-family and two- family homes began in 2024, with a community survey and review of FCMC Chapters, design guidelines, city-wide policies, and design review process, with a focus on understanding community needs and translating them into clearly defined, objective development and design standards.
Design Guidelines Versus Design Standards
Objective design standards are defined under State law as “standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal” (California Government Code, Section 65913.4).
Why adopt objective design standards for single-family homes? Objective standards offer residents, property owners, and developers clear development and design standards for design, articulation, and massing expected within City neighborhoods. The standards convey clear expectations to homeowners/applicants, removing obstacles to residential permitting by shortening application timelines and clearly outlining requirements from the outset of the design phase.
Table 1: Typical Characteristics of Design Guidelines Versus Design Standards
Table 2: Examples of Subjective Guidelines and Objective Standards
To engage and solicit feedback from the community and Planning Commission in preparation of the draft Ordinances, there have been five (5) Planning Commission study sessions, one (1) Planning Commission Public Hearing, and several community outreach events as outlined below.
Table 3: Community Engagement
Type Location Objective of the EngagementDate
Land Use Subcommittee
Public MeetingCity Hall Discuss Housing Element
programs implementation
May 9, 2024 (Link)
Engagement Events
Community
Survey
Online
and in-
person
Priorities of the community May 22 – September 2024
Pop-up EventStarbucks,
Foster
Square
Fill the community survey June 20, 2024
Pop-up EventOff the
Grid
Fill the community survey July 10, 2024
Pop-up EventFarmers
Market
Inform the public regarding
the initiative
June 14, 2025
Pop-up EventOff the
Grid
Inform the public regarding
the initiative
June 25, 2025
Pop-up EventOff the
Grid
Inform the public regarding
upcoming webinars and open
house for draft regulations.
October 1, 2025
Webinar Zoom Review of draft regulations October 3, 2025 Webinar Zoom Review of draft regulations October 7, 2025 Pop-up EventOff the
Grid
Inform the public regarding
upcoming webinars and open
house for draft regulations.
October 8, 2025
Open House Council
Chambers
Review of draft regulations October 13, 2025
Open HouseCouncil
Chambers
Review of draft regulations October 21, 2025
Planning Commission
Study SessionCouncil
Chambers
Review existing standards
and policies, and the results
of the community survey.
July 18, 2024 (Link)
Study Session Council
Chambers
Review of part 1 of draft
regulations, including
building design, site design
and accessory structures.
April 17, 2025 (Link)
Study Session Council
Chambers
Review of part 2 of draft
regulations for yards,
attached accessory
structures, wind screens,
landscaping and lighting,
fences, and Eichler homes.
June 5, 2025 (Link)
Study Session Council
Chambers
Discussion on architectural
review process and review of
draft regulations for single-
family and two-family
objective design and
development
standards.
September 18, 2025 (Link)
Study Session Council
Chambers
Review of draft Ordinances
post community input and
peer review
November 6, 2025 (Link)
Public HearingCouncil
Chambers
Review of final draft
Ordinances and adoption of
recommendations to City
Council
November 20, 2025
(Link)
Based on the feedback received from the community and Planning Commission, staff prepared draft Ordinances for a new draft Chapter 17.15, amendments to various Chapters of Title, 17, Zoning, of FCMC, including Chapters 17.04 “Definitions”; 17.12 “R- 1 Single-Family Residence District”; 17.14 “R-2 Two-Family Residence District”; 17.58 “Architectural Control And Supervision”; and 17.96 “Multifamily and Residential Mixed- Use Objective Design And Development Standards.”
Subsequently, staff initiated a peer review of the draft Ordinances, focusing on the new Chapter 17.15, to ensure that the regulations are technically sound and consistent with best practices. The peer review was conducted by two Planning consulting firms - M- Group and Good City Company. Applicable comments from the peer reviews were then incorporated into the final draft Ordinances before their presentation to the Planning Commission at a public hearing on November 20, 2025.
2. Housing Element program, H-D-6-a Minimize Governmental Constraints.
The Housing Element program, H-D-6-a, requires the City to review the entire development process and remove any governmental and regulatory constraints to the production of affordable housing. Additionally, the program requires the City to streamline 100% affordable housing with a priority staff-level planning entitlement process.
Since the adoption of the Housing Element 2023-31, the City has undertaken many initiatives to remove constraints to the production of affordable housing, including the adoption of “Multifamily and Residential Mixed-Use Objective Design and Development Standards.”
Staff reviewed the various State laws pertaining to the streamlined ministerial process for affordable housing projects and major bills that identify a streamlined ministerial approval process for affordable housing projects, including 100% affordable housing (see Table 3).
Table 4: State Laws for Streamlined Ministerial Approval Process State Law Provision for Streamlined Ministerial Approval Process Senate Bill (SB) 4
(Amended by AB
130)
Provides a ministerial approval process for 100% affordable (see Note 1) projects located on land that was owned by an independent institution of higher education or religious institution on or before January 1, 2024. SB 4 expires on January 1, 2036.
Assembly Bill
(AB) 2162
AB-2162 amends Government Code Section 65583 and adds Code Section 65650 to require local entities to streamline the approval of housing development projects1 containing a minimum amount of Supportive Housing by providing a ministerial approval process, removing the requirement for CEQA analysis. 100% affordable housing projects with at least 25% (or 12 units, whichever is greater) set aside for supportive housing.
SB 35 extended
by SB 423
Provides a streamlined and ministerial review path for projects in jurisdictions that are not meeting State housing goals (Regional Housing Need Allocation, or RHNA) at both lower-income and market-rate income levels.
A minimum of 50% of the total residential units will be dedicated to low-income households making at or below 80% of the area median income (prior to calculating density bonus).
AB 2011 A streamlined ministerial approval process for eligible residential developments in certain commercial zones. The bill creates separate site eligibility requirements, affordability requirements, and development standards for two types of housing developments — 100% Affordable Housing and Mixed-Income Housing (see Note 2).
AB 1490 Creates a ministerial, streamlined approval process for the adaptive reuse of buildings into 100 percent affordable housing. It defines “adaptive reuse” to mean the retrofitting and repurposing of an existing building to create new residential units.
SB 684/SB 1123 SB 684 simplifies the approval process for small lot subdivisions and housing developments by requiring local agencies to consider parcel maps or tentative and final maps ministerially without discretionary review or a hearing. It applies to projects with 10 or fewer parcels and housing developments with 10 or fewer residential units on urban infill sites under 5 acres, aiming to expedite the process and promote homeownership opportunities.
SB 1123 expands on SB 684 by allowing the streamlined approval process for small lot subdivisions to apply to vacant lots in single-family zones.
Note 1: See Government Code section 65913.16(c)(9): One hundred percent of the development project’s total units, exclusive of a manager’s unit or units, are for lower income households, as defined by Section 50079.5 of the Health and Safety Code, except that up to 20 percent of the total units in the development may be for moderate-income households, as defined in Section 50053 of the Health and Safety Code, and 5 percent of the units may be for staff of the independent institution of higher education or religious institution that owns the land. Units in the development shall be offered at affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or at affordable rent, as set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee. The rent or sales price for a moderate-income unit shall be affordable and shall not exceed 30 percent of income for a moderate-income household or homebuyer for a unit of similar size and bedroom count in the same ZIP Code in the city, county, or city and county in which the housing development is located.
Note 2: Government Code section 65583(g)(4) specifies that “housing development project,” for purposes of section 65583, means a project to construct residential units for which the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of at least 49 percent of the housing units for very low, low-, and moderate-income households with an affordable housing cost or affordable rent, as defined in Section 50052.5 or 50053 of the Health and Safety Code, respectively, for the period required by the applicable financing.
Currently, there are standard application forms pertaining to these state laws on the City’s website, including SB 4, SB 423, and SB 330.
To further implement the Housing Element program H-D-6-a, staff reviewed FCMC Chapter 17.58, Architectural Control and Supervision, which includes procedures and criteria for reviewing proposed structures, buildings, and improvements in all zoning districts, including residential districts.
Staff is proposing to amend Section 17.58.040 to streamline the process for residential projects by specifying the requirements for the Architectural Review Procedure and noting that exception(s) to any standard or requirement of Chapters 17.15 or 17.96 would be reviewed by the Planning Commission. Additionally, specific language for 100% affordable housing projects is also included.
ANALYSIS
To implement the Housing Element programs, H-B-4-a and H-D-6-a, staff has prepared the following:
1. An Ordinance (Attachment 1) adding a new Chapter 17.15 Single-Family and Two- Family Objective Design and Development Standards.
2. An Ordinance (Attachment 2) repealing and replacing Chapters 17.50, Accessory Buildings and Uses, and 17.54 Yards; and amending Chapters 17.04 Definitions; 17.12 R-1 Single-Family Residence District; 17.14 R-2 Two-Family Residence District; Chapter 17.58 Architectural Control and Supervision, and 17.96 Multifamily and Residential Mixed-Use Objective Design and Development Standards.
3. A Resolution (Attachment 3) rescinding “Architectural and Solar Guidelines” and city- wide policies, including Policy No. 2001-113 - Awnings; Policy No. 2- 2000 Reroofing Policy; Policy No. 03-001 - Copper Gutters, Downspouts And Flashing Policy; Policy No. 18-10 Window Replacement Policy; Policy No. 01-02 - Bay/Bow/Garden And Greenhouse Window Policy; Policy No. 1-2000 - Solar Impacts; and Policy No. 2-2000 – Exterior Color Change Policy.
These two (2) ordinances and one (1) resolution are discussed in more detail below.
1. An ordinance adding a NEW Chapter 17.15 “Single-Family and Two-Family Objective Design and Development Standards” (Attachment #1, Exhibit A) As the title suggests, this draft Chapter includes objective design and development standards for reviewing the components of single-family and two-family homes, including site design, building design, and accessory structures.
The draft Chapter includes five (5) main sections:
17.15.010 Intent and purpose
17.15.020 Applicability
The section discusses the application of regulations to residential projects, including new, replaced, or modified buildings and/or structures, as well as other property improvements, in the R-1 Single-Family Residence District, R-1/PD Single-Family Residence District/Planned Development, R-2 Two-Family Residence District, and R-2/PD Two-Family Residence District/Planned Development.
17.15.030 Process
The section states that the regulations shall be applied as part of the review process for applications. Additionally, to provide flexibility, the project applicant may request an exception(s) to any regulations of the Chapter. 17.15.040 Design Standards
This is the main section of the Chapter that includes regulations for site and building design. The site design section includes standards for entry location and street orientation, curb cuts and driveways, landscaping and lighting, and mechanical equipment/utilities. The building design section includes standards for building articulation, roofs, garages, primary entry, balconies, and windows. 17.15.050 Supplemental Design and Development Standards This section includes standards for accessory structures, awnings, decks and patios, windscreens, and yards.
See Attachment #1 for details.
2. An Ordinance for amendments to Title 17, Zoning, including repealing and replacing Chapters 17.50 “Accessory Buildings and Uses” and 17.54 “Yards”; and amending Chapters 17.04 “Definitions”; 17.12 “R-1 Single-Family Residence District”; 17.14 “R-2 Two-Family Residence District”; and 17.96 “Multifamily and Residential Mixed-Use Objective Design and Development Standards.” (Attachment #2, Exhibits A through F)
a. Repealing Chapters 17.50 Accessory Buildings and Uses and 17.54 Yards (Attachment #2, Exhibit A)
As part of this effort, staff reviewed existing FCMC Chapters pertaining to the review of single-family and two-family homes. Chapters 17.50 “Accessory Buildings and Uses”, and 17.54 “Yards”, have been folded into the new Chapter 17.15 and are proposed to be repealed as stand-alone chapters in their entirety and replaced with the term “Reserved”, so that the Chapter numbers remain for future use. b. Amendments to Chapter 17.04 Definitions (Attachment #2, Exhibit B) Chapter 17.04 includes definitions for terms used in Title 17. As part of this process, certain definitions are proposed to be rescinded, and new definitions are added as follows:
Rescinded and Replaced: Accessory Building; Façade; Garage; Lot; Lot Line. New definitions: Access; Applicant; Architectural Feature; Awning; Balcony; Juliette Balcony; Main Building; Building Frontage; Construction; Courtyard; Deck; Driveway; Enclosed; Street Frontage; Light Fixture; Corner Lot; Flag Lot; Interior Lot; Lot Coverage; Lot Line Types; Modification; Primary Entry; Setback; Structure; Accessory Structure; Main Structure; Temporary Structure; Tandem parking; and Required Yard.
c. Amendments to Chapter 17.12 R-1 Single-Family Residence District (Attachment #2, Exhibit C)
This Chapter includes specific regulations for the R-1 district, including permitted and conditional uses; area, bulk, and height regulations; and parking. The following are the proposed amendments to this Chapter:
Amended Section 17.12.040, including a reference to the new Chapter 17.15, and added subsections B and C. Subsection B includes setback requirements related to primary entry on the side of the main building, and Subsection C includes exceptions to setback requirements for previously developed lots. Additional amendments include a requirement for a 10-foot street-side setback in Table A. A new Section 17.12.060 noting that all new residential projects, modifications, or improvements to buildings and/or structures shall be designed in accordance with Chapter 17.15.
d. Amendments to Chapter 17.14, R-2 Two-Family Residence District (Attachment #2, Exhibit D)
This Chapter includes specific regulations for the R-2 district, including permitted and conditional uses; area, bulk, and height regulations; and parking. The proposed amendments are similar to those proposed for Chapter 17.12, as discussed above.
e. Amendments to Chapter 17.58 Architectural Control and Supervision (Attachment #2, Exhibit E)
This Chapter includes procedures and criteria for reviewing proposed structures, buildings, and improvements in all zoning districts.
Amendments to the Chapter are as follows:
Section 17.58.020 amended to provide information regarding the improvements that are subject to architectural review and the improvements exempt from architectural review. It shall be noted that many provisions have been kept from the current Ordinance.
Section 17.58.030 amended to refer to Section 17.58.020. Section 17.58.040 amended to streamline the process, including subsections for the following:
Application: A list of application materials
Review for Completeness and Compliance with Standards
Reviewing Authority, whether it is the Planning Commission or the administrative architectural review. This section also includes language pertaining to “One Hundred Percent Affordable Housing Project.”
Notice of Decision
Decision Not Effective Until Permittee Acknowledges Acceptance of Any Conditions.
Appeals: Added reference to provisions of Appeals in Section 17.06.140 Expirations, Extensions, and Revocations: Added reference to provisions of Chapter 17.06.
f. Amendments to Chapter 17.96 Multifamily and Residential Mixed-Use Objective Design and Development Standards (Attachment #2, Exhibit F) This Chapter includes objective design and development standards for multi-family residential projects, including the R-2 district. However, after going through the process, staff’s recommendation is to exclude R-2 and R-2/PD from Chapter 17.96.
It shall be noted that the R-2 zoning district allows single-family homes and two- family residences or duplex structures. Thus, the regulations of the new Chapter
17.15 would be more appropriate.
The proposed amendments include:
Section 17.96.020 amended to exclude R-2 and R-2/PD zoning district. Section 17.96.030 amended to clarify that exception requests for design standards are reviewed by the Planning Commission.
3. Rescinding certain city-wide policies (Attachment #3) As part of this effort, staff reviewed existing policies and guidelines for the review of single-family and two-family homes, and some of their provisions have been incorporated into the new Chapter 17.15 as objective standards. Thus, staff recommend rescinding the design guidelines and a few city-wide policies.
Table 5 below lists the guidelines and policies being rescinded to streamline the review process.
Architectural and Solar Guidelines
(adopted 1989, last amended 1997 and reformatted 2001)
Rescind
Policy No. 2001-113 - Awnings
(adopted 1996, last amended 2001)
Rescind
Policy No. 2-2000 Reroofing Policy
(adopted 2000, last amended 2023)
Rescind
Policy No. 03-001 - Copper Gutters, Downspouts and Flashing Policy (adopted 2003)
Rescind
Policy No. 18-10 Window Replacement Policy Rescind
(last amended 2010)
Policy No. 01-02 - Bay/Bow/Garden and Greenhouse Window Policy (adopted 2002)
Rescind
Policy No. 1-2000 - Solar Impacts
(adopted 2000)
Rescind
Policy No. 2-2000 – Exterior Color Change Policy
(adopted 2000)
Rescind
Tabled Items for 2026
There are a few components pertaining to single-family and two-family homes that staff have tabled for 2026, as there was not enough time to conduct targeted outreach and draft regulations. These components are as follows:
1. Eichler Homes
2. Waterfront properties
3. HOA prototypes.
Staff will begin working on these regulations at the beginning of next year. This will provide staff with time to conduct outreach to the property owners in these unique categories before formulating regulations. Meanwhile, the properties in these categories will continue to be reviewed against applicable new and existing standards and policies that have not been changed or rescinded.
California Environmental Quality Act
This action is within the scope of the environmental impact report prepared for the Foster City Housing and Safety Element Update (SCH 2022020509) and no further environmental review is necessary.
FISCAL IMPACT
There is no fiscal impact to the City related to adopting these regulations.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Smart Planning, Development, and the Local Economy
ATTACHMENTS:
Attachment 1 – Ordinance Adding a New Chapter 17.15
Exhibit A - Draft New Chapter 17.15
Attachment 2 – Ordinance Repealing and Replacing Chapters 17.50 and 17.54 and amending Chapters 17.04, 17.12, 17.14, 17.58, and 17.96 Exhibits A-F Other Chapters
Attachment 3 – Resolution rescinding various policies
Attachment 4 – Planning Commission minutes of November 20, 2025 Attachment 5 – Planning Commission Resolutions