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ORDINANCE NO.____________
AN ORDINANCE OF THE CITY OF FOSTER CITY MAKING VARIOUS TEXT AMENDMENTS TO CHAPTER 17.78 ACCESSORY DWELLING UNITS OF TITLE 17, “ZONING” OF THE FOSTER CITY MUNICIPAL CODE TO ENSURE COMPLIANCE
WITH STATE LAWS RELATED TO ACCESSORY DWELLING UNITS AND FINDING
THE PROPOSED AMENDMENTS EXEMPT UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINE SECTION 15061(B)(3), COMMON SENSE EXEMPTION AND PUBLIC RESOURCES CODE SECTION 21080.17 – RZ2026-0002
CITY OF FOSTER CITY
WHEREAS, the Planning and Zoning Law authorizes local jurisdictions to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, on January 1, 2026, four (4) key ADU bills became effective:
California Assembly Bill No. 462 (AB 462), California Assembly Bill No. 1154 (AB 1154), California Senate Bill No. 9 (SB 9), and California Senate Bill 543 (SB 543); and WHEREAS, these bills make further revisions to state law, and local jurisdictions need to readopt any local ordinances related to ADUs to include new provisions/clarifications; and
WHEREAS, on February 24, 2026, a Joint City Council/Planning Commission Special Meeting Study Session was held to update the City Council, the Planning Commission, and the public on the most recent State Laws affecting land use and ADUs; and
WHEREAS, the Housing Element is an integral part of the Foster City General Plan that identifies the community’s housing needs, states the community’s goals and objectives regarding housing production, rehabilitation, preservation, and conservation to meet those needs, and defines the policies and programs; and WHEREAS, the Housing Element Programs include the City’s commitment to timeframes for implementation and the Annual Progress Report (APR) to the California Department of Housing and Community Development (HCD), due by April 1 st of each year, reports on progress in implementation of these Programs; and WHEREAS, amendments to Foster City Municipal Code, Title 17, Zoning are required for the implementation of the Housing Element program, H-D-4-a; and WHEREAS, on May 21, 2026, the Planning Commission conducted a duly and properly noticed public hearing to take public testimony and consider a Resolution 4 7
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regarding the amendments to Chapter 17.78, and after conducting the public hearing, adopted Resolution No. P-11-26 with the Planning Commission recommending City Council approval of the amendments to Chapter 17.78; and WHEREAS, on June 3, 2026, a public hearing notice was published and posted in three public places, and mailed pursuant to California Code Section 65090 for the City Council public hearing; and
WHEREAS, on June 15, 2026, the City Council held a duly noticed public hearing where it carefully reviewed and considered the staff report and all attachments thereto, including the Planning Commission’s recommendation regarding the proposed amendments to various sections of Chapter 17.78, “Accessory Dwelling Units”, of Title 17, “Zoning” of the Foster City Municipal Code, to ensure compliance with State law related to ADUs and the associated CEQA finding, including any and all timely submitted correspondence, all information submitted at or prior to the public hearing, and all public comment and testimony presented at the public hearing (collectively, the “Record”).
THE CITY COUNCIL OF THE CITY OF FOSTER CITY DOES FIND AND ORDAIN as follows:
Section 1. The City Council does hereby find and determine based upon the aforementioned Record as follows:
1. The foregoing recitals are true and correct and are incorporated by reference into this action; and
2. 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; and
3. The proposed amendments are necessary to implement the goals and policies of the General Plan through the implementation of the Housing Element; and
4. The proposed Zoning amendments comply with and are required by applicable State laws; and
5. The proposed amendments will not be detrimental to the public interest, convenience, and general welfare of the City; and
Section 2. The proposed actions would update the City’s existing Municipal Code to align with the requirements of the most recent updates to the State’s laws. The actions would not result in physical changes to the environment. Pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) – Common Sense Exemption. Additionally, Public Resources Code Section 21080.17 states that CEQA does not apply to the adoption of an ordinance to implement the provisions of Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1 of Title 7 of, the Government Code, which means that adoption of this ordinance to update the Municipal Code to implement State ADU and JADU law is statutorily exempt from CEQA.
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Section 3. Amendment. Various Sections of Chapter 17.78 “Accessory Dwelling Units” within Title 17, “Zoning” of the Foster City Municipal Code are hereby amended by repealing certain specified sections Chapter 17.78 in their entirety and replacing those sections to read as set forth in the attached Exhibit A, attached hereto and incorporated herein by reference. Those Sections within Chapter 17.78 not specifically amended in Exhibit A (Sections 17.78.010 (Findings), 17.78.020 (Purpose), 17.78.030 (Application),
17.78.070 (Standards applicable to multifamily residence zoning districts), and 17.78.075 (Standards applicable to public facilities (PF) zoning districts)), shall remain unchanged in Chapter 17.78.
Section 4. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council does hereby declare that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
Section 5. Taking Effect. This Ordinance shall take effect and be in force thirty (30) days from and after its adoption.
Section 6. Posting. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall have it posted in three (3) public places designated by the City Council.
This Ordinance was introduced and read on the 15th day of June, 2026, and passed and adopted on the _____ day of ________ , 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ART KIESEL, MAYOR
ATTEST:
PRISCILLA SCHAUS, CITY CLERK