The Foster City Council has agreed to discuss supporting a state ballot initiative that seeks to increase local control around zoning and land use by overriding certain state laws that conflict with local ones.
Richa Awasthi
“I would be supportive of agendizing this item because this conversation is the most important conversation for our community. Having difficult conversations is very important,” Mayor Richa Awasthi said.
At its Dec. 13 City Council meeting, Foster City councilmembers agreed to bring a resolution forward at a future meeting to discuss the initiative and consider supporting it, called the Brand-Huang-Mendoza Tripartisan Land Use Initiative. The organization behind the initiative, Our Neighborhood Voices, wants to increase the authority of local representatives and voices on local land use policy decisions and override state laws. It hopes to put an initiative on the November 2022 ballot. The group aims to amend the state Constitution and put local communities in charge of land use and zoning law. It wants to fight against recent state housing laws, like Senate Bill 9, that affect land use planning and zoning. SB 9, signed into law earlier this year, requires cities to approve the construction of up to four units on a previously single-unit-only lot. Most residential land is only for single-family homes in the state, which housing advocates argue has hurt housing stock.
Our Neighborhood Voices seeks to obtain one million signatures by late April to qualify for an initiative on the November 2022 ballot.
The initiative also targets state laws around density bonuses, certain parts of the Regional Housing Needs Assessment, or RHNA, and housing element requirements. RHNA housing allocations are mandated by the Association of Bay Area Governments, or ABAG, to meet state housing law. Cities must plan for the development of additional housing units and lessen constraints, increasing opportunities for housing development. The current RHNA cycle of 2023-2031 calls for 1,896 units to Foster City, a 341% increase from Foster City’s last cycle of 430.
According to previous city staff statements, the increase is due to Foster City being near high opportunity areas with proximity to jobs. The city also did not progress as much in building low- and moderate-income housing in the last cycle. The council has expressed discontent about meeting its RHNA numbers and considered a state appeal for a reduction. Foster City is also updating its 2023-2031 Housing Element that addresses housing policies, housing goals for the city and analysis of sites that can accommodate new housing. The council has committed to significant public outreach and examining land use options as it works to meet its growing housing requirements.
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Mike Dunham, a lead with pro-housing advocacy group Peninsula for Everyone, spoke at the meeting and noted the city would be one of the few to support the initiative. Formal support from Peninsula cities has been scarce. The Millbrae City Council in late November declined to support the ballot initiative, citing a lack of support and signatures. If passed, Dunham said it would undermine decades of state housing laws, harming the Peninsula and Foster City.
Vice Mayor Jon Froomin initially requested the council consider supporting the initiative. He said learning more about the detriments or benefits of new state housing laws should be examined and presented to the public.
“I think the fact that we’ve had three speakers that have a different view on what the facts are would justify the need for a staff report and a presentation,” Froomin said.
Councilmember Patrick Sullivan was concerned about spending too much staff time on the report, with Interim City Manager Kevin Miller noting it would likely take a few hours to complete but was within the power of the City Manager’s Office to provide. Sullivan also wanted to see a legal analysis from the City Attorney’s Office about the resolution and potential scenarios.
The motion passed 4-0, with Councilmember Sam Hindi abstaining.
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