Foster City passes temporary SB 9 regulations

The City Council approved interim rules and regulations around SB 9 at its Feb. 22 meeting. The rules give the city some discretion for incoming applications while preparing a more permanent ordinance. SB 9 recently came into effect in January and streamlines the process for cities to zone for multifamily housing and increase residential density to help with California’s housing crisis. SB 9 allows property owners of single-family residential zones to build two units on an existing lot, like a duplex, or subdivide the lot into two parcels for a total of four units. The changes do not require discretionary approval or review, and SB 9 supersedes city development standards but allows cities to impose objective design standards that do not conflict with SB 9. The council has been against SB 9 and, earlier in 2021, sent a letter of opposition to the state law.

The city has not received any formal SB 9 applications and only has one inquiry from an architect. The city said it is unlikely it will receive multiple applications simultaneously, given the low number of ADU permits it has issued. The city has only issued around two ADU permits per year in the last five years. Around 4,500 lots would be subject to SB 9, with approximately 378 lots 8,000 square feet or above.

Vice Mayor Jon Froomin wanted objective design standards for SB 9 applications around colors, styles and materials that blend in with the surrounding neighborhoods.

“That’s what maintains the value of property in Foster City. Not having purple homes in the middle of neighborhoods. Not having homes that are different than other ones. Those are the things that wouldn’t make it already more restrictive than we already have,” Froomin said.

Froomin was also worried about state restrictions around allowing more parking for units around car share vehicles. The city can require off-street parking of one space per unit unless it falls within one-half miles in walking distance of a high-quality transit corridor or a major transit stop. It also cannot be allowed if it is within one block of a car share vehicle.

“We’re not thoroughly impacted on parking throughout town, but the more of these that occur, the more difficult parking will become on the street. So that’s why having the ability to require one spot off-street is important to try and maintain,” Froomin said.

Councilmember Sam Hindi emphasized his opposition to short-term rentals on split lots to make more housing available to those living and working in Foster City. SB 9 does not allow short-term rentals.

“If we allow short-term rentals, it truly defeats the purpose. So those units will not be available, and what’s the point of going through the exercise,” Hindi said.

To qualify under SB 9, the parcel must be in a single-family residential zone, not be in a historic district and not be in environmentally sensitive areas like wetlands or earthquake zones. It also must not demolish affordable housing or been occupied by a tenant for three years. The new project must not demolish more than 25% of an existing exterior wall.

Foster City will hold a March 7 council meeting to discuss key housing issues around affordable housing overlay zones, potential sites for the overlay zones, a below-market rate inclusionary housing program, and an in-lieu fee program for below-market-rate housing. The discussion will not approve or deny a project, and the council will discuss policy options. People can go to https://rb.gy/i8xyuv for more information about the overlay zone.

curtis@smdailyjournal.com

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