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EXHIBIT A
CHAPTERS 17.50 “ACCESSORY BUILDINGS AND USES” AND 17.54 “YARDS” WITHIN TITLE 17, “ZONING” OF THE FOSTER CITY MUNICIPAL CODE SHALL BE REPEALED IN THEIR ENTIRETY AND REPLACED WITH THE TERM “RESERVED”. 4 1
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EXHIBIT B
AMENDMENT. CHAPTER 17.04 DEFINITIONS, IS HEREBY AMENDED AS FOLLOWS (additions are in single-underline italics):
The following definitions are rescinded and replaced:
Accessory Building; Façade; Garage; Lot; Lot Line.
The following definitions are hereby added:
“Access” means the place or way through which pedestrians and/or vehicles must have safe, adequate, and usable ingress and egress to a property.
Accessory Building. See Building, Accessory.
Accessory Structure. See Structure, Accessory.
Accessory Use. See Use, Accessory.
“Applicant” means the person, partnership, corporation, or state or local government agency applying for a permit, or other entitlement.
“Architectural Feature” means as exterior building feature, including recesses or projections, exterior articulation or walls, and other building surfaces. “Awning” means an architectural projection that provides weather protection, identity, or decoration, and is wholly supported by the building to which it is attached. “Balcony” means a platform that projects from the wall of a building 30 inches or more above grade that is accessible from the building’s interior, is not accessible from the ground, and is not enclosed by walls on more than three sides. “Juliette balcony” means a decorative railing or guard on the outer plane of a floor-to- ceiling window or door opening, providing the appearance of a balcony, but not extending a platform from the wall of the building.
“Building” means any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials.
Building, accessory. "Accessory building" or accessory structure means a building on the same property as the main building, but its use is secondary and incidental to the use of the main building.
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Building, main. "Main building" means the building containing the primary use of the lot and is not an accessory building.
“Building Frontage” means the lineal dimension, parallel to the ground, of a building abutting on a public street, or a parking lot accessory to that business, even though another business may also have entitlement to that parking lot. “Construction” means construction, erection, enlargement, alteration, conversion, or movement of any building, structures, or land, together with any scientific surveys associated therewith.
“Courtyard” means any usable open space which is clear from the ground to the sky and surrounded by at least two (2) walls of a building, with the remaining sides enclosed by a wall or solid fence at least five (5) feet in height.
“Deck” means a platform, either freestanding or attached to a building, that is supported by pillars or posts.
“Driveway” means an accessway that provides direct vehicular access for vehicles between a street and the parking or loading facilities located on an adjacent property. “Enclosed” means a space closed in by a roof and by four or more connected floor-to- ceiling walls with appropriate openings for ingress and egress. “Façade” means the exterior wall of a building exposed to public view or that wall viewed by persons not within the building. The portion of any exterior elevation of a building extending vertically from the grade to the top of a parapet wall or eave, and horizontally across the entire width of the building elevation.
Frontage, Street. “Street frontage” means that portion of a lot or parcel of land that borders a public street. Street frontage shall be measured along the common lot line separating said lot or parcel of land from the public street, highway, or parkway. “Garage” means an accessory structure or portion of a main structure, containing accessible and usable completely enclosed space designed, constructed, and maintained for the parking and storage of one or more motor vehicles. “Light Fixture” means the assembly that holds a lamp and may include an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirrors, and a refractor or lens.
“Lot” means a parcel, tract, or area of land whose boundaries have been established by a legal instrument, such as a deed or map recorded with the San Mateo County, and 4 1
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which is recognized as a separate legal area for purposes of transfer of title, except easements or rights-of-way.
Lot, corner. “Corner lot means a lot or parcel bounded by two or more adjacent street lines.
Log, flag. “Flag lot” means a lot having access to a street by means of a private driveway, access easement or parcel of land with the access corridor not meeting the requirements of the residential zone for lot width.
Lot, interior. “Interior lot” means a lot bounded on one side by a street line and on all other sides by lot lines between adjacent lots; a lot other than a corner lot. “Lot Coverage” means the portion of a lot that is covered by structures more than six (6) feet in height, including main and accessory buildings, garages, and roofed porches, but not including unenclosed and unroofed decks, landings, or balconies. “Lot Line” means the boundary between a lot and other property or the public or private street.
Lot Line Types:
Front Lot Line. On an interior lot, the line separating the lot from public or private street. On a corner lot, the shorter lot line abutting public right-of-way or private street. On a through lot, the lot line abutting the public or private street providing the primary entry to the lot. On a flag lot, the interior lot line most parallel to and nearest public or private street from which access is obtained.
Interior Lot Line. Any lot line that is not adjacent to a public or private street.
Rear Lot Line. The lot line that is opposite and most distant from the front lot line.
Side Lot Line. Any lot line that is not a front or rear lot line.
Street Side Lot Line. A side lot line of a corner lot that is adjacent to a public or private street.
“Modification” means alterations, additions, or changes to the outside of a building or its site that change its architectural appearance, materials, size, location, or physical characteristics, including construction, demolition, remodels, and changes to visible surfaces or appurtenances like roofing, siding, or balconies. These modifications are distinct from ordinary maintenance and repairs, which involve routine upkeep without altering the structure’s fundamental features.
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“Primary Entry” means a principal entrance used to enter a building or residential dwelling unit.
Property Line. see “Lot Line”.
“Setback” means the distance between a property line and a building or structure that must be kept clear or open. Also, see “Yard”.
“Structure” means anything constructed or erected which requires a location on the ground.
Structure, Accessory. “Accessory structure” means a detached subordinate structure used only as incidental to the main structure or use on the same lot.
Structure, Main. “Main structure” means a structure housing the primary use of a lot or functioning as the primary use.
Structure, Temporary. “Temporary structure” means a structure without any foundation or footings, and which is intended to be removed when the designated time period, activity, or use for which the temporary structure was erected has ceased. “Tandem Parking” refers to two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
"Required Yard" means the minimum area or setback between a lot line and a building, which is unoccupied and unobstructed from the ground upward. 4 1
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EXHIBIT C
AMENDMENT. SECTION 17.12.040 IS HEREBY AMENDED AND A NEW SECTION
17.12.060 ADDED OF CHAPTER 17.12 R-1 SINGLE-FAMILY RESIDENCE DISTRICT , AS FOLLOWS (additions are in single-underline italics and deletions are in strikethrough italics):
17.12.040 Area, bulk, yard and height regulations.
A. The following area, bulk, yard and height regulations shall apply in the R-1 district, except as modified by Chapter 17.54, Yards: Chapter 17.15 and subsections B and C below.
Minimum Building
Site Required
Maximum
Density
permitted
Minimum Yards Required
Maximum Height
permitted
Maximum
Coverage
permitted
Minimum
Width (ft.)
Minimum
Area
(sq. ft.)
(Units per
Acre) Front (ft.) Side* (ft.) Street
Side (ft.)
Rear (ft.) Stories Ft. (%)
40 5,000 8 20 5 10 20 2 25 50
B. See section 17.15.050(A)(1) for setback requirements related to primary entry on the side of the main building.
C. Exceptions to setback requirements for previously developed lots. Where a lot was improved with a building at the time of the passage of the ordinance codified in this title (not including accessory buildings) with a setback less than the stated requirements of the district, it may be reconstructed with the same setback on the ground floor with a maximum height of sixteen (16) feet. Any second story shall comply with the setback requirements pursuant to Section 15.12.040.
17.12.060 Design and Development Standards
All new residential projects and modifications or improvements to buildings and/or structures shall be designed in accordance with Chapter 17.15. 4 1
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EXHIBIT D
AMENDMENT. SECTION 17.14.040 IS HEREBY AMENDED AND A NEW SECTION
17.124.060 ADDED OF CHAPTER 17.14, R-2 TWO-FAMILY RESIDENCE DISTRICT, AS FOLLOWS (additions are in single-underline italics and deletions are in strikethrough italics):
Sections:
17.14.040 Area, bulk, yard, and height regulations.
A. The following area, bulk, yard, and height regulations shall apply in the R-2 districts, except as modified by Chapter 17.15 and subsections B and C below:
Minimum Building
Site Required
Maximum
Density
permitted
Minimum Yards Required Maximum Height
permitted
Maximum
Coverage
permitted
Minimum
Width (ft.)
Minimum
Area
(sq. ft.)
(Units per
Acre) Front (ft.) Side* (ft.) Street
Side (ft.)
Rear (ft.) Stories Ft. (%)
40 5,000 13 20 5 10 20 2 25 50
B. See section 17.15.050(A)(1) for setback requirements related to primary entry on the side of the main building.
C. Exceptions to setback requirements for previously developed lots. Where a lot was improved with a building at the time of the passage of the ordinance codified in this title (not including accessory buildings) with a setback less than the stated requirements of the district, it may be reconstructed with the same setback on the ground floor with a maximum height of sixteen (16) feet. Any second story shall comply with the setback requirements pursuant to Section 15.12.040.
17.14.060 Design and Development Standards
All new residential projects and modifications or improvements to buildings and/or structures shall be designed in accordance with Chapter 17.15. 4 1
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EXHIBIT E
AMDNEMENT. SECTIONS 17.58.020 AND 17.58.040 REPEALED AND REPLACED AND SECTION 17.58.030 AMENDED OF CHAPTER 17.58 ARCHITECTURAL CONTROL AND SUPERVISION, AS FOLLOWS WITH (additions in underline and deletions in strikethrough).
Sections:
17.58.020 Improvements subject to architectural review.
A. Each improvement as defined in Section 17.04.020 which is not otherwise declared exempt below shall be subject to architectural review as provided in this chapter, including the following:
1. Improvements in any zoning district subject to architectural review include:
a. New buildings, structures, reconstruction, or additions to existing structures; b. Modifications to the exterior of a structure;
c. Modifications to the site, including landscaping (except as exempted below) or addition of paved area to a front yard except for walkways; d. Accessory structures taller than six (6) feet in height and decks higher than eighteen (18) inches above grade, except as exempted below. e. All improvements which the community development director deems similar to those listed in subsections a through d, above;
2. In addition to the above, improvements in any residential zoning district subject to architectural review include:
a. Exterior storage of recreational vehicles, recreational vehicle equipment, boats, boat trailers, campers and camper shells pursuant to Chapter 17.64; b. Elimination of the setback requirement between a spa or hot tub and a common area property line in the RT/PD, C-2/PD, or R-3/PD districts upon securing architectural review approval by the planning commission in each planned development;
c. All improvements which the community development director deems similar to those listed in subsections a and b, above;
B. Improvements Exempt from Architectural Review. The following improvements shall be exempt from architectural review in all zoning districts unless otherwise specified below:
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1. Modifications to the interior of a structure;
2. Except as prohibited in Subsection C, Repainting or restaining of buildings or structures on properties in R districts that are not in a PD (planned development) district;
3. Except as prohibited in Subsection C, Repainting or restaining of buildings or structures on properties in C-O, C-I, C-2, C-M, C-A, M-I, PF, OSC or any PD (planned development) district, provided the new color is within the project color palette previously approved by the city with the specific development plan for the project.
4. Exterior landscaping of single family and two-family dwelling units unless required as a condition of approval of use permit or architectural review;
5. For properties where landscaping is required as a condition of approval of use permit or architectural review, replacement of landscape materials with the same species of plant;
6. Like-for like replacement of portions of the exterior of structures or improvements using materials of the same dimensions, type and color;
7. Improvements which are otherwise subject to use permit;
8. Storage sheds and other accessory structures lower than the fence line in a side or rear yard, except that accessory structures on waterfront property which are visible from public waterways shall require architectural review approval;
9. Flagpoles which are fifteen feet or less in height in an R district or less than twenty- five feet in height in a C or M district or in multifamily common areas;
10.Decks less than eighteen inches above grade at any point which are also a minimum of five feet from any property line;
11.Replacement of existing windows that comply with the requirements of Chapter
17.15 or 17.96 as applicable, including expansion of windows to meet California Building Code requirements and new windows of three (3) square feet or less that are not facing a public right-of-way.
12.Replacement of existing doors, including garage doors;
13.Fences on nonwaterfront property which do not face a public right-of-way;
14.Exterior spas, hot tubs or swimming pools, whether portable, temporary or permanent, that comply with the requirements of Chapter 17.66, including but not limited to setbacks of the spa, hot tub, or swimming pool and associated equipment;
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15.Replacement of exterior siding in the R-1 district with stucco, wood, wood shingle, or fiber cement siding, except that changes of siding on Eichler style houses as determined by the community development director shall require an architectural review permit;
16.Tubular style skylights;
17.Children’s play structures located in a side or rear yard, with a maximum height of eight feet, set back a minimum of five feet from any property line and located behind a minimum five-foot-tall fence with no electrical outlets or lights;
18.Basketball standards or similar equipment as determined by the community development director.
19.Accessory dwelling units and junior accessory dwelling units pursuant to Chapter
17.78. C. Improvements Which Are Prohibited. The following types of improvements are prohibited:
1. Repainting or restaining which uses a bright pastel, fluorescent, or a primary color.
2. Repainting or restaining which uses murals, multi-colored patterns, or similar features.
a. Exception – Murals of landscapes, hardscapes or foliage may be displayed on the interior side of fence and walls.
17.58.030 Architectural review approval required prior to construction or improvement.
Prior to the issuance of any building permit or construction of any improvement for any of the items listed in Section 17.58.020(A) and not exempt pursuant to Section
17.58.020(B), architectural review approval shall be obtained as required by this chapter.
17.58.040 Architectural review procedures.
A. Application. To obtain architectural review approval, the applicant shall submit application materials to the community development director or their authorized representative, including the following:
1. Application Forms. Completed Application forms as prescribed by the Community Development Department
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2. Checklist Requirements: All information/documents as outlined in the Community Development Department Application Requirements checklists;
3. Plans. Scaled and accurate plans to include required applicable information as outlined in the Community Development Department Application Requirements checklists;
4. Fees. The applicant shall pay all applicable fees as set forth in the master fee and service charges schedule, as adopted by resolution of the City Council.
B. Review for Completeness and Compliance with Standards.
1. The community development department shall review the request for completeness and compliance with the standards and requirements of this title and any other relevant requirements set forth in the Foster City Municipal Code and respond within 30 calendar days of receipt, unless both parties agree upon an extension, and either deem the application complete or provide a comprehensive list of all remaining items necessary for the application to be complete.
2. The community development director shall have the authority to determine which type of application(s) are required for proposed project(s); to administer the Architectural Review process; to establish submittal and review requirements; and to determine the completeness of applications for any actions allowed or required under the provisions of this chapter.
3. The community development director may refer any Architectural Review permit application to the planning commission for comment or final action.
C. Reviewing Authority.
1. Planning Commission Architectural Review. The planning commission shall either approve, approve with conditions or deny the application in accordance with the provisions of this chapter and any other applicable requirements of federal, state or local law for all architectural review applications pertaining to:
a. Major improvements on properties in any district including but not limited to the following improvements to property in R districts:
i. The applicant requesting an exception or exceptions to any standard or requirement of chapters 17.15 or 17.96.
ii. For waterfront properties, room additions on the second floor or additions on the ground floor that are more than four hundred (400) square feet or are visible from the waterfront;
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b. In districts other than R districts, the planning commission shall review modifications which result in an increase in floor area or a substantial change in the appearance of the building as determined by the community development director, including but not limited to use of lighting to outline features of a building, or any other item as determined by the community development director.
c. The planning commission shall review proposed changes to shopping center building colors in a legally noticed public hearing for the following neighborhood business or commercial mix districts: Charter Square Shopping Center/APN 094-473-010, 094-473-020 and 094-473-030; Beach Park Plaza Shopping Center/APN 094-261-330 and 094-261-270; The Market Place at Metro Center/APN 094-522-190; Edgewater Place Shopping Center/APN 094-541- 070 and Marlin Cove Shopping Center/APN 094-330-150.
d. Any improvement deemed by the community development director to be similar in nature to subsections (C)(1)(a)-(c).
2. Administrative Architectural Review.
a. For all architectural review applications other than those requiring planning commission action pursuant to subsection (C)(1) of this section, the community development director shall either approve, approve with conditions or deny the application in accordance with the provisions of this chapter and any other applicable requirements of federal, state or local law. (i) The community development director may refer the application to the planning commission for comment or final action.
b. A One Hundred Percent Affordable Housing Project, or other affordability requirement as specified by applicable State Law, which requires ministerial review and complies with the objective design and development standards included in Title 17, shall be ministerially reviewed pursuant to administrative architectural review.
D. Notice of Decision.
1. A written notice of the decision or planning commission resolution shall be provided to the applicant and owner within five calendar days after the decision is rendered.
2. The notice of decision and/or planning commission resolution shall clearly state any conditions of approval.
E. Decision Not Effective Until Permittee Acknowledges Acceptance of Any Conditions.
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acknowledges acceptance of any conditions of approval and any appeal period has lapsed or if there is an appeal until a final decision has been made on the appeal.
F. Appeals.
1. The appeal period as prescribed in Section 17.06.140 shall begin on the date of planning commission decision or the notice of decision was issued.
2. Any decision on an architectural review application shall not be effective until the appeal period prescribed in Section 17.06.140 has lapsed or, if there is an appeal, until a final decision has been made on the appeal or upon the preparation of a notice of decision if the appeal period is waived pursuant to this section.
G. Expiration, extensions, and revocations. Architectural Review approval granted shall be subject to the provisions of Chapter 17.06.180-17.06.200 for expiration, extensions, and revocations.
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EXHIBIT F
AMENDMENT. SECTIONS 17.96.020 AND 17.96.030 OF CHAPTER
17.96 MULTIFAMILY AND RESIDENTIAL MIXED-USE OBJECTIVE DESIGN AND
DEVELOPMENT STANDARDS, ARE HEREBY AMENDED AS FOLLOWS AS FOLLOWS (additions are in single-underline italics and deletions are in strikethrough italics):
Sections:
17.96.020 Applicability.
A. The provisions of this chapter shall apply to all multifamily residential projects that include new or replaced dwelling units, including mixed-use residential/commercial developments, except:
1. Residential projects in the R-1, or R-1/PD, R-2, or R-2/PD zoning districts, including dwelling units developed under Government Code
Section 65852.21 or 66411.7 (SB 9, 2021);
2. Accessory dwelling units and junior accessory dwelling units.
17.96.030 Process.
A. The standards contained in this chapter shall be applied as part of the review of any required applications for development.
B. As an alternative to a variance as provided in Section 17.06.080, a project applicant may request planning commission approval of an exception or exceptions to the design standards, as part of the required review process, use permit or architectural review, as follows:
1. The request shall be in writing, in conjunction with a planning application.
2. The request shall include: (a) the standard that is requested to be waived, (b) how the unique circumstances of the project and/or physical constraints of the project site make application of the standard infeasible, and (c) how the requested exception meets the intent of the standard.
3. The decision-making body shall approve an exception if all of the following findings are made:
a. Approving the exception will not create a safety hazard; and b. The proposed project meets the intent of the standard under consideration to the extent feasible.