Chapter 17.94 — BY-RIGHT HOUSING OVERLAY COMBINING DISTRICT

Sections:

17.94.010 Purpose.

17.94.020 Establishment.

17.94.030 Definitions.

17.94.040 Requirements for by-right development.

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The purpose of the by-right housing overlay (“BRHO”) combining district established by this chapter is to:

A. Encourage the development of below market rate rental dwelling units for low income households on sites that are designated apartment residential in the general plan; and

B. Provide an alternative to the percentage of below market rate dwelling units required by Chapter 17.90 (Below Market Rate Inclusionary Housing Program) and Chapter 17.92 (Affordable Housing Overlay Combining District) that encourages the provision of low income units; and

C. Enhance the public welfare by establishing policies and encouraging the development and availability of housing opportunities to a broad range of households with varying income levels within the city as mandated by state law, California Government Code Section 65580 and following; and

D. Promote the city’s goals as stated in the housing element of the general plan to increase the supply of below market rate housing to meet the city’s regional share of extremely low, very low, and low income housing needs and the needs of special groups, including the elderly, disabled, small and large families, and local workers by imposing an inclusionary requirement for residential development projects; and

E. Reduce vehicle miles traveled (VMT) and greenhouse gas (GHG) emissions by providing people at all income levels more opportunities to live near where they work;

F. Support the local economy by making it easier for employers to attract and retain workers by providing people at all income levels more opportunities to live near where they work; and

G. Affirmatively further the policies and purposes of the Fair Housing Act, also known as “Affirmatively Further Fair Housing,” by reducing segregation and concentration of poverty; and

H. Implement the city’s policies contained in the housing element of the general plan to create a by-right housing overlay district to encourage the production of additional housing units, including affordable housing units at existing, older apartments, in a manner appropriate to their neighborhood and surrounding development;

I. Comply with state requirements as specified in California Government Code Sections 65583 and 65584.09, pertaining to the rezoning of sites for housing. (Ord. 657 § 2 (Exh. E), 2023)

The BRHO district may be established or removed from the zoning map upon the application of a property owner or owners, or upon the initiative of the city council or planning commission, in accordance with the procedures set forth in

Chapter 17.74. (Ord. 657 § 2 (Exh. E), 2023)

For purposes of this chapter, the definitions set forth in Section 17.90.020 shall be, and hereby are, incorporated herein by this reference as if set forth in full. (Ord. 657 § 2 (Exh. E), 2023)

A. Notwithstanding development review process required elsewhere in this title, multiple family development projects in the BRHO shall not require discretionary review when the following elements are included in the project:

1. Twenty percent of the proposed units in the project are affordable to lower income households and are developed and restricted in accordance with Chapter 17.90.

2. Fractional Units. In calculating the number of units affordable to lower income households required pursuant to subsection (A)(1) of this section, any fraction of less than one-half shall be rounded down to the nearest whole number, and any fraction of one-half or more shall be rounded up to the nearest whole number. (Ord. 657 § 2 (Exh. E), 2023)

Applications under this chapter will be reviewed ministerially by the community development director for compliance with city regulations and objective standards. The community development director may deny or approve with conditions of approval which are either standard or required to bring the project into compliance with objective standards. The community development director may refer the application to the planning commission for comment on compliance with objective design standards. (Ord. 657 § 2 (Exh. E), 2023)

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The Foster City Municipal Code is current throu 697, passed November 17, 2025.

Disclaimer: The City Clerk's Office has the official v Foster City Municipal Code. Users should contact t Office for ordinances passed subsequent to the ord above.

17.96

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