Foster City planners tackle in-law units

Commissioners generally approved of staff’s recommendations to essentially update the city’s policies enough to meet state regulations, however, they did express some concerns about having to do so, said Community Development Director Curtis Banks.

“I think it’s safe to say at least most of them were not thrilled that this was being thrust upon us by the state, but recognized this is a legal requirement that we need to comply with. I think one of the concerns they had was parking, it very much limits being able to provide parking for ADUs and that was of particular concern,” Banks said.

The state mandates fashioned by several pieces of legislation include not requiring on-site parking for granny units built within a half mile from public transit. Much of the 4-square-mile city falls under that category in regards to a bus stop being located nearby, however Banks noted bus service in the city is limited.

Contrasted to San Mateo, which is also almost entirely within a half mile from transit, Banks noted Foster City residents don’t have close access to the Caltrain line. Instead, it’s an example of how implementing statewide regulations over land use can be complicated, he said.

“There may be communities where different things work better than other others,” Banks said.

It’s a prospect that California cities may have to confront again, as Gov. Jerry Brown and legislative leaders recently announced they’re inching toward a deal to address the housing crisis. In the past, Brown had sought to reduce development barriers, such as streamlining local review processes, in return for allocating state funds.

Jurisdictions across San Mateo County have responded differently to the new mandates over ADUs. The county Board of Supervisors has sought to promote them as a means to addressing affordability challenges, going a step further by working to create architectural blueprints property owners could use to help cut down on building costs. Other cities have instead sought to keep restrictions to the fullest extent possible.

Foster City will also keep most of its rules in place and adjust them just enough to comply. The city’s existing regulations include only requiring up to one additional on-site parking space per unit, which can be provided as a tandem space. But it can no longer require parking for units built within an existing home’s footprint or that’s located near public transit, according to a staff report.

The proposed ordinance includes only permitting the units on owner-occupied parcels and — in an effort to discourage them from ending up on Airbnb — cannot be rented for less than 30 days at a time, according to the report.

The state laws allow them up to 1,200 square feet, but Foster City will maintain its 640-square-foot cap and only allow them on lots 5,000 square feet or larger. The city will also keep its prohibition on junior accessory dwelling units, but allow efficiency units of at least 150 square feet so long as they’re occupied by no more than two people. The units could be detached, attached to the main home or within the envelope of the existing residence, but all must provide separate bathrooms and cooking facilities, Banks explained.

In some cases, people may find it more cost effective to just rent out a bedroom in their home rather than go through the process of creating an in-law unit. Whether there’s much demand for these types of units is also unclear, Banks said. In the eight years he’s worked for the city, only three have been built and one property owner recently submitted an application. However, the city has received a few informal inquiries, he said.

The proposed regulations would also maintain the city’s staff-level review process, a requirement of the state law that was a change for other communities.

The Planning Commission will host a formal public hearing on the proposed changes before making a recommendation to the City Council, which has the ultimate say in whether to amend its existing ordinance.

Foster City hasn’t been the friendliest to residential developments in recent years after a stronghold of residents opposed proposals to transform local shopping centers into housing. Instead, a local advocacy group has contended they’d prefer the city wait to understand the effects of hundreds of already-approved units currently in the pipeline. But others have noted the affordable housing crisis has only contributed to the traffic congestion woes and suggest job growth be accompanied with new residences. As the community wrestles with its future, Banks noted the city has embarked on a public forum series to engage residents. The second “CommUNITY Dialogue Series” will focus on housing challenges and opportunities Aug. 9.

samantha@smdailyjournal.com

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