CITY OF FOSTER CITY
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL/PLANNING COMMISSION PRIOR TO THE MEETING.
To Attend the Meeting in Person:
Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:
Members of the public wishing to speak will be asked to fill out a Request to Speak Form. Forms will be accepted until the staff presentation on an agenda item ends, or until the public comment period on non agenda items is closed. For special meetings, public comment is limited to item(s) on the agenda only.
To Observe the Meeting via Teleconference/Video Conference:
To access the meeting by computer / smartphone, go to: https://fostercityorg.zoom.us/j/82592136594 To dialin via phone:
16694449171 or
14086380968
And enter Webinar ID: 825 9213 6594
To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:
During the Meeting: Live verbal public comments may be made by members of the public joining the meeting via Zoom. Zoom access information is provided above. Use the “raise hand” feature (for those joining by phone, press *9 to “raise hand”) during the public comment period for the agenda item you wish to address. The Zoom Host will call on people to speak by name provided or last 4 digits of phone number for dialin attendees. Please clearly state your full name for the record at the start of your public comment.
Before the Meeting: Written public comments for the record may be submitted in advance by 4:00 p.m. the day of the meeting by email to: [email protected] and will be made part of the written record but will not be read verbally at the meeting. Written public comments submitted by email should adhere to the following:
Clearly indicate the Agenda Item No. or specify “Public” in the Subject Line for items not on the agenda Include the submitter’s full name (Recommended but not required) Written public comments received by 4:00 p.m. the day of the meeting will be provided in their entirety to the City CouncilPlanning Commission prior to the meeting and will be made part of the written record but will not be read verbally at the meeting. Written public comments will be posted to the City’s website for review prior to the meeting.
AGENDA
Tuesday, February 24, 2026 6:30 PM
SPECIAL MEETING AS CITY COUNCIL & PLANNING COMMISSION
1. CALL TO ORDER
2. ROLL CALL
Councilmembers Stacy Jimenez, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor Art Kiesel
Planning Commissioners Nicolas Haddad, Ravi Jagtiani, Shankar Kenkre, Doug Stoveland, and Chair Robert Pedro
3. PUBLIC
Pursuant to Government Code Section 54954.3(a), members of the public wishing to address the Council/Planning Commission may do so, and the comments shall be limited to the Special Meeting notice topic(s). Speakers may join the Zoom meeting via the meeting link and using the “raise hand” feature and the Zoom host will call on people.
4. NEW BUSINESS
4.1. Changes to Brown Act (Senate Bill 707)
4.2. Update on New Land Use/Planning Laws Effective 2026 and Proposed Bills Under Consideration
5. ADJOURNMENT
The public is invited to attend.
Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 or [email protected] at least 48 hours in advance of the meeting. The City has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility.
That procedure for receiving and resolving requests for accommodation is available at the City Clerk’s Office. All meetings are conducted in a manner consistent with applicable civil rights and nondiscrimination laws.
Any writings or documents provided to a majority of the City Council or Planning Commission regarding any item on this agenda after the agenda packet was distributed will be made available for public inspection in the City Clerk Department at City Hall located at 610 Foster City Boulevard during normal business hours and at the meeting.
City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:
LIVE every 1st and 3rd Monday of the month
REPLAY next day at 1:00 pm (that week only)
REPLAY Saturday at 5:00 pm (only on Saturday the week the actual meeting occurs) City Council meetings on https://www.fostercity.org/community/page/fctvlivestream:
STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes
1 CITY OF FOSTER CITY
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL/PLANNING COMMISSION PRIOR TO THE MEETING.
To Attend the Meeting in Person:
Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:
Members of the public wishing to speak will be asked to fill out a Request to Speak Form. Forms will be accepted until the staff presentation on an agenda item ends, or until the public comment period on non agenda items is closed. For special meetings, public comment is limited to item(s) on the agenda only.
To Observe the Meeting via Teleconference/Video Conference:
To access the meeting by computer / smartphone, go to: https://fostercityorg.zoom.us/j/82592136594 To dialin via phone:
16694449171 or
14086380968
And enter Webinar ID: 825 9213 6594
To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:
During the Meeting: Live verbal public comments may be made by members of the public joining the meeting via Zoom. Zoom access information is provided above. Use the “raise hand” feature (for those joining by phone, press *9 to “raise hand”) during the public comment period for the agenda item you wish to address. The Zoom Host will call on people to speak by name provided or last 4 digits of phone number for dialin attendees. Please clearly state your full name for the record at the start of your public comment.
Before the Meeting: Written public comments for the record may be submitted in advance by 4:00 p.m. the day of the meeting by email to: [email protected] and will be made part of the written record but will not be read verbally at the meeting. Written public comments submitted by email should adhere to the following:
Clearly indicate the Agenda Item No. or specify “Public” in the Subject Line for items not on the agenda Include the submitter’s full name (Recommended but not required) Written public comments received by 4:00 p.m. the day of the meeting will be provided in their entirety to the City CouncilPlanning Commission prior to the meeting and will be made part of the written record but will not be read verbally at the meeting. Written public comments will be posted to the City’s website for review prior to the meeting.
AGENDA
Tuesday, February 24, 2026 6:30 PM
SPECIAL MEETING AS CITY COUNCIL & PLANNING COMMISSION
1. CALL TO ORDER
2. ROLL CALL
Councilmembers Stacy Jimenez, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor Art Kiesel
Planning Commissioners Nicolas Haddad, Ravi Jagtiani, Shankar Kenkre, Doug Stoveland, and Chair Robert Pedro
3. PUBLIC
Pursuant to Government Code Section 54954.3(a), members of the public wishing to address the Council/Planning Commission may do so, and the comments shall be limited to the Special Meeting notice topic(s). Speakers may join the Zoom meeting via the meeting link and using the “raise hand” feature and the Zoom host will call on people.
4. NEW BUSINESS
4.1. Changes to Brown Act (Senate Bill 707)
4.2. Update on New Land Use/Planning Laws Effective 2026 and Proposed Bills Under Consideration
5. ADJOURNMENT
The public is invited to attend.
Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 or [email protected] at least 48 hours in advance of the meeting. The City has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility.
That procedure for receiving and resolving requests for accommodation is available at the City Clerk’s Office. All meetings are conducted in a manner consistent with applicable civil rights and nondiscrimination laws.
Any writings or documents provided to a majority of the City Council or Planning Commission regarding any item on this agenda after the agenda packet was distributed will be made available for public inspection in the City Clerk Department at City Hall located at 610 Foster City Boulevard during normal business hours and at the meeting.
City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:
LIVE every 1st and 3rd Monday of the month
REPLAY next day at 1:00 pm (that week only)
REPLAY Saturday at 5:00 pm (only on Saturday the week the actual meeting occurs) City Council meetings on https://www.fostercity.org/community/page/fctvlivestream:
STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes
2 CITY OF FOSTER CITY
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL/PLANNING COMMISSION PRIOR TO THE MEETING.
To Attend the Meeting in Person:
Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:
Members of the public wishing to speak will be asked to fill out a Request to Speak Form. Forms will be accepted until the staff presentation on an agenda item ends, or until the public comment period on non agenda items is closed. For special meetings, public comment is limited to item(s) on the agenda only.
To Observe the Meeting via Teleconference/Video Conference:
To access the meeting by computer / smartphone, go to: https://fostercityorg.zoom.us/j/82592136594 To dialin via phone:
16694449171 or
14086380968
And enter Webinar ID: 825 9213 6594
To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:
During the Meeting: Live verbal public comments may be made by members of the public joining the meeting via Zoom. Zoom access information is provided above. Use the “raise hand” feature (for those joining by phone, press *9 to “raise hand”) during the public comment period for the agenda item you wish to address. The Zoom Host will call on people to speak by name provided or last 4 digits of phone number for dialin attendees. Please clearly state your full name for the record at the start of your public comment.
Before the Meeting: Written public comments for the record may be submitted in advance by 4:00 p.m. the day of the meeting by email to: [email protected] and will be made part of the written record but will not be read verbally at the meeting. Written public comments submitted by email should adhere to the following:
Clearly indicate the Agenda Item No. or specify “Public” in the Subject Line for items not on the agenda Include the submitter’s full name (Recommended but not required) Written public comments received by 4:00 p.m. the day of the meeting will be provided in their entirety to the City CouncilPlanning Commission prior to the meeting and will be made part of the written record but will not be read verbally at the meeting. Written public comments will be posted to the City’s website for review prior to the meeting.
AGENDA
Tuesday, February 24, 2026 6:30 PM
SPECIAL MEETING AS CITY COUNCIL & PLANNING COMMISSION
1. CALL TO ORDER
2. ROLL CALL
Councilmembers Stacy Jimenez, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor Art Kiesel
Planning Commissioners Nicolas Haddad, Ravi Jagtiani, Shankar Kenkre, Doug Stoveland, and Chair Robert Pedro
3. PUBLIC
Pursuant to Government Code Section 54954.3(a), members of the public wishing to address the Council/Planning Commission may do so, and the comments shall be limited to the Special Meeting notice topic(s). Speakers may join the Zoom meeting via the meeting link and using the “raise hand” feature and the Zoom host will call on people.
4. NEW BUSINESS
4.1. Changes to Brown Act (Senate Bill 707)
4.2. Update on New Land Use/Planning Laws Effective 2026 and Proposed Bills Under Consideration
5. ADJOURNMENT
The public is invited to attend.
Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 or [email protected] at least 48 hours in advance of the meeting. The City has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility.
That procedure for receiving and resolving requests for accommodation is available at the City Clerk’s Office. All meetings are conducted in a manner consistent with applicable civil rights and nondiscrimination laws.
Any writings or documents provided to a majority of the City Council or Planning Commission regarding any item on this agenda after the agenda packet was distributed will be made available for public inspection in the City Clerk Department at City Hall located at 610 Foster City Boulevard during normal business hours and at the meeting.
City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:
LIVE every 1st and 3rd Monday of the month
REPLAY next day at 1:00 pm (that week only)
REPLAY Saturday at 5:00 pm (only on Saturday the week the actual meeting occurs) City Council meetings on https://www.fostercity.org/community/page/fctvlivestream:
STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes
3 Part I
Changes to
Brown Act (SB 707)
Foster City
February 24, 2026
4.1 SB 707 Presentation
4 Overview
• Senate Bill (SB) 707 was signed into
law on October 3, 2025
• Portions take effect on
January 1, 2026 and July 1, 2026
• Sunsets on January 1, 2030
• Aimed at improving public access to
meetings
4.1 SB 707 Presentation
5 Overview
SB 707 Makes significant revisions to Brown Act in three important ways:
1) It requires “eligible legislative bodies” to allow members of the public to participate remotely;
2) It changes the way officials can participate in a meeting remotely from an undisclosed location; and
3) It creates a new category for “eligible subsidiary bodies,” to allow exclusively advisory bodies to all meet remotely.
4.1 SB 707 Presentation
6 Requirements for “Eligible Legislative Bodies”
(City Council)
Must allow remote participation via two-way telephonic or two-way audio-visual platform.
“Two-way audiovisual platform” means an online
platform that provides participants with the ability to participate in a meeting via both an interactive
video conference and a two-way telephonic
service.
“Two-way telephonic service” means a telephone
service that does not require internet access and
allows participants to dial a telephone number to
listen and verbally participate.
4.1 SB 707 Presentation
7 Requirements for “Eligible Legislative Bodies”
(City Council)
If two-way audio-visual platform is provided, real time-captioning must be activated if function is included.
Must reasonably assist members of the public who wish to translate a public meeting or receive interpretation by another member of the public. Must adopt policy regarding telephonic/internet disruptions that includes:
Procedures for recessing/reconvening if telephone/internet service is disrupted; and
Specifies efforts that the body shall make to attempt to restore the service; and Specifies that if there is a disruption in telephone/internet service, the body will make a good faith attempt to restore the service and will reconvene when service is restored or after one hour, whichever is earlier.
4.1 SB 707 Presentation
8 Requirements for “Eligible Legislative Bodies”
(City Council)
Must translate agenda into all “applicable languages”, which means languages spoken by 20% or more of the population of the City that speaks English less than “very well” (For Foster City, staff has determined that the agenda will need to be translated into Chinese; Must provide a webpage “dedicated to public meetings” Must make reasonable efforts to invite groups “that do not traditionally participate in public meetings” to attend meetings.
4.1 SB 707 Presentation
9 Optional Alternative Teleconferencing
(For All Legislative Bodies)
Members of legislative bodies may attend a limited
number of meetings annually for “just cause”
circumstances from an undisclosed remote
location.
Teleconferencing official must use both audio and
video
If using the “just cause” circumstances, a quorum
of the body must be in a single physical location
Requires specific provision of law authorizing
remote participation be noted in minutes of
meeting
4.1 SB 707 Presentation
10 Optional Alternative Teleconferencing
(For All Legislative Bodies)
Deletes “emergency circumstances”
“Just cause” circumstances includes
caregiving/childcare for designated family members;
contagious illness;
physical or mental condition requiring teleconferencing; travel on official government business, including city business; care for immunocompromised family members;
physical or family medical emergency;
military service obligations requiring services 50 or more miles outside city.
4.1 SB 707 Presentation
11 Teleconferencing for “Eligible Subsidiary Bodies”
Members of “eligible subsidiary bodies” may all attend a meeting remotely, if authorized by the legislative body.
“Eligible subsidiary bodies” must be:
Advisory
Cannot take final action on legislation, regulations, contracts, licenses, permits, entitlements, grants, or fund allocations; and
Cannot have primary subject matter jurisdiction over elections, budgets, police oversight, privacy, restricting access to library materials, taxes, or related spending proposals.
4.1 SB 707 Presentation
12 Teleconferencing for “Eligible Subsidiary Bodies”
Teleconferencing official must use both
audio and video
One physical meeting location must be
open to the public, with at least one staff
member present.
Legislative body must make findings to
approve and must reauthorize every six
months.
4.1 SB 707 Presentation
13 Other Changes to the Brown Act
SB 707 makes a number of other general revisions to the Brown Act including:
Confirms that an official with a disability may participate remotely as a reasonable accommodation;
Extends emergency teleconferencing option to local emergencies; Extends the prohibition on officials communicating on a social media platform;
4.1 SB 707 Presentation
14 Other Changes to the Brown Act
Prohibits disruptions for teleconferenced meetings;
Extends requirement for oral report of compensation to department heads; and
Requires distribution of copies of the Brown Act and list of meeting locations to all officials.
4.1 SB 707 Presentation
15 Next Steps to Meet “Eligible Legislative Body”
Deadline of July 1st
Evaluating staffing and technology needs to upgrades and staffing needs to comply with public participation requirements for Council meetings; Developing plan for outreach to encourage public participation in meetings; Evaluating what, if any upgrades are necessary to the City’s meeting webpages;
Developing disruption policy for connectivity issues; and Training for Council and staff on any new procedures/requirements.
4.1 SB 707 Presentation
16 QUESTIONS?
4.1 SB 707 Presentation
17 Part II: Legislative Update
Foster City
February 24, 2026
4.2 Legislative Update Presentation
18 2025 Legislative Themes
•Cost of living concerns drove efforts to cap housing, energy costs, and other essential services •Determined the fate of many billsAffordability
•Continues to be a top issue of legislative focus
•Created enough momentum for SB 79 and AB 130
Housing/Homelessness
•Inspired climate package and the re-authorization of of cap and “invest” (f.k.a. cap and trade) •Desire to ensure stability to the trading market and meet climate commitments in the face of federal uncertainty
•Provides funding for climate projects, including high-speed rail and affordable housing Climate
•Budget questions and federal relations threaten state programs •Need fpr natural disaster recovery changes legislative focusUncertainty
4.2 Legislative Update Presentation
19 Key Terms and Figures
2025 Legislative Session Ended
September 13
• Governor signed or vetoed
all bills that passed both
chambers
• 2025 was First Year of Two-
Year Session; most bills
introduced in the first year
can be carried over to
second year
Stats
• 2400 + bills introduced
• 300 + directly related to
land use, planning and
environmental topics
• 800 + sent to the Governor
4.2 Legislative Update Presentation
20 2025 CEQA REFORMS
4.2 Legislative Update Presentation
21 CEQA Reform via Budget Trailer Bills
AB 130 / SB 158
• Creates new statutory exemption
for qualifying infill housing
development projects
• Establishes TOD Implementation
Fund for VMT mitigation
• Makes SB 330’s provisions
permanent
• Simplifies PSA process for a
project to be deemed approved
SB 131
• Exempts rezonings necessary to
comply with the Housing Element
from CEQA review
• Exempts myriad new project
types from CEQA review
• Creates “near miss” provisions for
streamlined CEQA review
• Limits the scope of the AR in
CEQA litigation
4.2 Legislative Update Presentation
22 Criteria for AB 130’s CEQA Exemption
• Housing-rich projects: at least 2/3 residential
• Minimum density - at least 50% of jurisdiction’s
“Mullin density” of 30 du/acre
• Consistent with zoning and general plan
• Project site up to 20 acres (or 4 for “Builders Remedy” projects)
• Incorporated municipality or “urban area” (per U.S.
Census)
• Must be previously developed with urban uses or
surrounded by them – relatively flexible approach
• No demolition of structures on a historic register
• No hotels (unless already complete app as of January
2025)
SB 35's site eligibility criteria:
• Farmland, wetlands and conservation/species habitat
areas are excluded, as are some but not all Coastal
Zone parcels
• Fire hazard zones, hazardous waste sites, earthquake
fault zones and flood areas are subject to specified
restrictions
• Projects within 500 feet of a freeway must meet
additional air filtration and air quality requirements
to qualify for the exemption and cannot have
balconies facing a freeway
• Phase I required; preliminary endangerment
assessment required if any RECs; mitigation required
for any release or potential exposure
4.2 Legislative Update Presentation
23 AB 130 “Shot Clocks”
• AB 130 CEQA-exempt projects: Agency must approve /
disapprove project within 30 days of the later to occur of:
• Conclusion of tribal consultation, subject to deadlines in PRC Sec. 21080.66(b)
• Expiration of the HAA’s consistency review deadline in Gov.
Code Sec. 65589.5(j)(2)
• Ministerial projects: Agency must approve/disapprove project within 60 days of “the receipt of a complete application.” • Under the Permit Streamlining Act, an application is
“deemed complete” once all the required information is
submitted.
• Once the agency receives the complete application, it has 60 days to act on the project.
• Failure to meet these deadlines is a defined, actionable HAA violation.
• Failure to meet PSA deadlines can result in “deemed approval”
4.2 Legislative Update Presentation
24 ADUS AND JADUS
4.2 Legislative Update Presentation
25 2025 Legislation
• AB 462 (Lowenthal) Land use: accessory
dwelling units.
• AB 1154 (Carrillo) Junior accessory dwelling
units.
• SB 9 (Arreguin) Accessory dwelling units:
ordinances.
• SB 543 (McNerney) Accessory dwelling units
and junior accessory dwelling units.
4.2 Legislative Update Presentation
26 HOUSING ELEMENTS & RHNA
4.2 Legislative Update Presentation
27 Annual Progress Report Requirements
• AB 670 (Quirk-Silva) Planning
and zoning: housing element:
converted affordable units
– Allows inclusion of the number
of qualifying rehabilitated
existing units that are deed
restricted affordable units
(average of 45% AMI), at least
15 years old, and the value of
the rehabilitation is $60,000+.
In APR
4.2 Legislative Update Presentation
28 Annual Progress Report Requirements
• AB 726 (Avila-Farias) Planning and zoning: annual report:
rehabilitated units
• AB 253 (Ward) California Residential Private Permitting Review Act
• Beginning April 1, 2027:
– Requirement for APR to distinguish which housing
development applications were discretionary or subject to ministerial approval;
– What applications triggered housing replacement or
assistance obligation;
– For each entitlements, permits, and CofOs, include the total number of replacement housing units by income level
required pursuant to local, state, or federal law;
– Include total number, by income level, of replacement housing units entitlement, permitted, or issued CofO;
– A report on the total number of housing units approved for and actually demolished for any purpose during the year, including information on for-rent, for-sale, income levels, relocation programs used, and replacement units;
– A report on replacement housing units required for non- residential development projects, including location of replacements, developer entity, completion date of
replacement units.
– Disclose number of permits reviewed by a private
professional provider under AB 253
4.2 Legislative Update Presentation
29 RHNA & Housing Element
• AB 610 (Alvarez) Housing element: governmental constraints: disclosure statement
– 7th Cycle housing elements must include a disclosure statement containing:
• An identification of each new or amended potential or actual governmental constraint, or revision increasing the stringency of a governmental cons traint, adopted after the due date of the previous housing element and before submittal of the current draft housing element to the department. • An identification of any new or amended potential or actual governmental constraint, or revision increasing the stringency of a governmental constraint, that the governing body of the local government can anticipate adopting during the first three years of the planning period commencing on the date that a local agency’s housing element is considered to be in substantial compliance pursuant to Section 65585.03.
• AB 1275 (Elhawary) Regional housing needs: regional transportation plan – RHNA allocation within a region or subregion must consider the development pattern of the Sustainable Communities Strategy (Plan bay Area 2050)
4.2 Legislative Update Presentation
30 RHNA & Housing Element
AB 650 (Papan) Planning and zoning: housing element: regional housing needs allocation
• Adjusts deadlines during the run up to Housing Element due date
– HCD must adopt format for reporting on programs by
12/31/2026
– HCD and COGs must determine RHNA 3 years before
Housing Element due date and adopt distribution
methodology 2.5 years before Housing Element due date
– Allows for agencies to form subregion earlier in the process • During its review of draft Housing Elements, requires HCD to:
– identify and explain the specific deficiencies in the draft element or draft amendment, including statutory
references; and
– provide the specific analysis or text that the department expects the planning agency to include in the draft element or draft amendment to remedy those deficiencies
4.2 Legislative Update Presentation
31 OTHER HOUSING BILLS
4.2 Legislative Update Presentation
32 Density Bonus
• AB 87 (Boerner) Housing developments:
density bonus
– Density bonus cannot include a concession or
incentive to exceed non-residential floor area
beyond ⅔ limit
• SB 92 Housing developments: density bonus
– Prohibits incentives, concessions, or waivers
apply to a transient use, such as a hotel or
motel as part of the same project
– Meaning projects that include a residential
component and a hotel component, the
incentives, concessions, and waivers may
apply to the residential but not the hotel
4.2 Legislative Update Presentation
33 HAA and PSA
• SB 838 (Durazo) Housing Accountability Act: housing development projects re-defines “mixed-use development” that qualifies as a housing development project – If 2/3 of the square footage is residential, the transient use would be permitted through normal local process. If the hotel use normally requires a CUP , then the CUP would be required but only for the hotel component
– If 50% of the square footage is residential, project may not include hotel, motel, bed and breakfast inn, or other transient lodging
• AB 1007 (Rubio) Shortens Permit Streamlining Act timelines for responsible agencies to issue approvals after the lead agency approves a project and certifies an EIR • AB 253 (Ward) California Residential Private Permitting Review Act: residential building permit reviews that exceed 30 days can be performed by private providers hired by applicant
4.2 Legislative Update Presentation
34 Housing Law Compliance
AB 712 (Wicks) Housing reform laws: enforcement
actions: fines and penalties
• In an action to enforce “housing reform laws,” a
prevailing applicant is entitled to recover attorney’s
fees
– “Housing reform law” includes laws and regulations
involving streamlining, time limits, or other
protections for the benefit of applicants for housing
development projects as well as procedural and
substantive limitations on the public agency
• If HCD or DOJ provided the local agency with
written warning of violation before the lawsuit, HAA
fines are mandatory; repeat violations are fined by
factor of 5
• Applicants have a 60-day statute of limitations
extension to bring a challenge
4.2 Legislative Update Presentation
35 Part III: Potential 2026 Legislation
Foster City
February 24, 2026
4.2 Legislative Update Presentation
36 SB 79 (Wiener) Housing development: transit-oriented development • Applies in Urban Transit Counties
– Sacramento, San Francisco, San Mateo, Santa
Clara, Alameda, Los Angeles, Orange, and San
Diego
– 8 of 58 counties, but covering over half the
state’s population
• Upzones housing within ½ mile of “Tier 1”
and “Tier 2” transit stops
• No ministerial mandate, but adjusts eligibility
for SB 35 streamlined process
• Pending Modifications in:
– SB 677
– SB 908
– SB 722
Source:
https://www.arcgis.com/apps/mapviewer/index.html?webmap=7689658f319b488ba03c 40ccb903681e¢er=-118.284552%2C33.985519&level=11
4.2 Legislative Update Presentation
37 Two-Year Bills
AB 874 (Avila-Farias) Would waive impact fees (not school fees) for affordable rental housing
SB 315 (Grayson) Limits on Quimby parkland dedication for infill sites; financial reporting
AB 906 (Gonzalez): Planning and zoning: housing element:
affirmatively furthering fair housing
SB 715 (Allen) Regional housing need: methodology: distribution AB 1294 (Haney) Planning and zoning: housing development: standardized development application ● Set out to create a uniform statewide development application and limit pre-application requirements that delay ability to file applications
● Challenges:
○ In addition to limiting pre-application requirements, it also limited the types of information that could be required for application completeness
○ This conflicted with existing statute that prohib its post-completeness requests for info that could have been included at submittal
4.2 Legislative Update Presentation
38 Other Pending Legislation
• AB 748 (Harabedian) Single-family and
multifamily housing units: preapproved plans.
4.2 Legislative Update Presentation
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