Chapter 2.28
PLANNING*
Sections:
2.28.010 Planning agency.
2.28.020 Planning commission—Establishment.
2.28.030 Members—Appointment.
2.28.040 Members—Terms.
2.28.050 Members—Reappointment and number of terms.
2.28.060 Members—Vacancy.
2.28.070 Vacancy—Terms.
2.28.080 Officers.
2.28.090 Powers and duties.
2.28.100 Architectural and site plan review—Planning commission.
2.28.110 Architectural and site plan review—Purposes.
2.28.120 Architectural and site plan review—Principles.
* See also Title 16, Subdivisions, and Title 17, Zoning.
2.28.010 Planning agency.
Pursuant to the requirements of the Planning and Zoning Law of the state, there is established in the city a planning agency to consist of the planning commission and the city council, each to have such functions as shall be set forth in this code. (Ord. 129 § 3 (part), 1976)
2.28.020 Planning commission—Establishment.
There is established in the city a planning commission to consist of five residents of the city, each of whom has continuously resided in the city for a period of at least three years immediately prior to submission of an application for appointment to the planning commission. All applicants shall be over the age of eighteen years, one of whom should, if practical, be a licensed architect. Community involvement in Foster City and relevant experience will be considered in evaluating applicants. (Ord. 526 § 1, 2006: Ord. 129 § 3 (part), 1976)
2.28.030 Members—Appointment.
The members of the planning commission shall be appointed by the mayor upon the recommendation and approval of the council. (Ord. 129 § 3 (part), 1976)
2.28.040 Members—Terms.
Members of the planning commission shall be appointed for four-year terms to commence on June 1st and shall serve at the pleasure of the council and until the appointment and qualification of their successors, provided, that one of the members of the first planning commission appointed after the effective date of this chapter shall be appointed to fill the following specific terms:
A. Term A. June 1, 1976, to May 31, 1977;
B. Term B. June 1, 1976, to May 31, 1978;
C. Term C. June 1, 1976, to May 31, 1979;
D. Two members thereof to fill Term D. June 1, 1976, to May 31, 1980. (Ord. 129 § 3 (part), 1976)
2.28.050 Members—Reappointment and number of terms.
All members of the planning commission shall be eligible for reappointment to one successive four-year term. Short terms and appointments to fill vacancies shall not be considered as terms for the purpose of this section.
No member may serve for more than two four-year terms in succession. This provision does not prohibit holding the office for more than two terms. For the purpose of determining the number of terms of office, only those terms of office occurring after the effective date of the ordinance codified in this section shall be counted. (Ord. 563 § 1 (part), 2011: Ord. 425 § 1 (part), 1996: Ord. 129 § 3 (part), 1976)
2.28.060 Members—Vacancy.
Appointments to fill vacancies occurring on the planning commission for whatever reason shall be made by the council as provided in this chapter, upon the same notice as required for filling vacancies on citizen advisory committees. (Ord. 129 § 3 (part), 1976)
2.28.070 Vacancy—Terms.
All appointments made to fill a vacancy occurring prior to the expiration of a term shall be for the unexpired period of that term. (Ord. 129 § 3 (part), 1976)
2.28.080 Officers.
Annually, at is first regular meeting following June 1st, the planning commission shall select from its membership a chair, vice chair and secretary to serve for the ensuing year. (Ord. 425 § 1 (part), 1996: Ord. 129 § 3 (part), 1976)
2.28.090 Powers and duties.
The planning commission shall have all powers and duties imposed upon a planning commission and zoning agency by the Planning and Zoning Law of the state, subject to the provisions of this code and shall act as the advisory agency pursuant to the Subdivision Map Act of the state, subject to the provisions of this code. (Ord. 129 § 3 (part), 1976)
2.28.100 Architectural and site plan review—Planning commission.
In addition to all other duties as set forth in this code, the planning commission shall consider the overall site and architectural development, and the redevelopment of properties, of all commercial, industrial and residential districts as specified in chapter 17.58 of Title 17, Zoning, of the Foster City Municipal Code with respect to the following:
A. Site planning;
B. Architecture;
C. Landscaping;
D. Relationship to adjacent properties and the overall neighborhood in which the subject property is located;
E. Preservation of waterfront views as viewed from the subject property, adjacent properties, and the waterfront looking back on the subject property and adjacent properties;
F. The screening of unsightly uses including trash, loading docks/areas, rooftop equipment including HVAC equipment and special ventilating systems and exposed conduits or piping;
G. Setbacks, open space, landscape planter areas;
H. Colors and materials of exteriors.
(Ord. 515 § 2 Exh. A (part), 2005: Ord. 370 § 1, 1989: Ord. 129 § 3 (part), 1976)
2.28.110 Architectural and site plan review—Purposes.
The purposes of architectural and site plan review shall be to:
A. Promote the orderly and harmonious development of the city;
B. Assure the stability of land values and investment;
C. Assure the existence of sufficient variety in the design of structures and grounds in keeping with the general character and diversity of design of other structures in the vicinity, insofar as the character can be ascertained and found to be architecturally desirable;
D. Prevent the erection of structures, additions or alterations which are deemed to be unsightly in appearance, which are not properly related to their sites, which are not properly related to adjacent uses or to traffic circulation in the vicinity; and
E. Prevent the erection of structures, additions or alterations or other property improvements which significantly impact the privacy of adjacent properties; cause a significant diminution of sunlight to the interior of an adjacent building or to the exterior of adjacent properties; cause undue glare or noise impacts to adjacent properties; and significantly block or limit existing views from the interior or exterior of adjacent properties. For the purposes of this section, significantly means a substantial or potentially substantial adverse change. (Ord. 370 § 2, 1989; Ord. 129 § 3 (part), 1976)
2.28.120 Architectural and site plan review—Principles.
In carrying out the purposes of this chapter with respect to architectural and site plan review, the following principles shall apply:
A. It is a principle of this chapter to exercise the minimum controls necessary to achieve the overall objectives of this chapter. It is not a principle of this chapter to control architectural character so rigidly that individual initiative is stifled in the design of any particular building, or that substantial additional expense is required.
B. Good architectural character is based upon the suitability of a building for its purposes, upon the appropriate use of sound materials, and upon the principles of sound harmony and proportion in the elements of the building.
C. Good architectural character is not in itself more expensive than poor architectural character, and is not dependent upon the particular style of architecture selected.
D. The relationship of a building to its surroundings is of greater importance than the quality of design of the individual structure.
E. The relationship of structures to a site and to surroundings is affected by:
1. Design and location of the building in relation to provision of adequate light and air to itself and its neighbors;
2. Landscaping, screening and fencing to preserve privacy and mitigate adverse effects on neighboring properties;
3. Location of entrances and exits and layout of internal circulation in relation to traffic safety and ease and convenience of movement;
4. Arrangement and intensity of night lighting in relation to public safety and effect on adjoining properties;
5. Size and design of the structure in relation to the size, shape, and topography of its site to create a proper balance, unity and harmonious appearance;
6. Accessibility of off-street parking areas and the relation of parking areas with respect to traffic on adjacent streets; and
7. Reservation of landscaping areas for the purposes of separating or screening service and storage areas from the street and adjoining building sites, breaking up large expanses of paved areas, separating or screening parking lots from the street and adjoining building sites, or separating building areas from paved areas to provide access from buildings to open space areas. (Ord. 129 § 3 (part), 1976)