Chapter 17.58
ARCHITECTURAL CONTROL AND SUPERVISION
Sections:
17.58.010 Intent and purpose.
17.58.020 Improvements subject to architectural review.
17.58.030 Architectural review approval required prior to construction or improvement.
17.58.040 Architectural review procedures.
17.58.050 Findings required.
17.58.060 Architectural guidelines adopted by resolution.
17.58.070 Special provisions.
17.58.010 Intent and purpose.
A. It is the intent of the city council in enacting this chapter to protect the health, safety, and general welfare of the city by maintaining the high standards of architectural design that have distinguished Foster City as the first successful planned community created in California.
B. This chapter establishes procedures and criteria for review of proposed structures, buildings, and improvements to real property and modifications to such which are necessary in order to meet the following objectives:
1. To preserve the architectural character and scale of the neighborhoods and community;
2. To ensure that development is well designed, in and of itself and in relation to surrounding properties, including that the height, facade length, roof form, colors, materials, and architectural details of a proposed building should be compatible with the height, facade length, roof form, colors, materials, and architectural details of buildings in the immediate vicinity;
3. To 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 and exterior of adjacent properties, and that individual rights are weighed against the needs and requirements of the community;
4. To ensure that developments enhance their sites and are harmonious with the highest standards of improvements in the surrounding area;
5. To promote and protect the health, safety and general welfare of the city;
6. To preserve views of and from the lagoons and waterways which provide a visual connecting link for adjacent lots and developments;
7. To enhance the residential and business property values within the city and in neighborhoods surrounding new or modified development;
8. To ensure that each new development is designed to best comply with the intent and purpose of the zone in which the property is located and with the general plan of the city;
9. To encourage the maintenance, repair, replacement or improvement of surrounding properties. (Ord. 674 § 2 (Exh. J), 2024)
17.58.020 Improvements subject to architectural review.
A. Each improvement as defined in Section 17.04.020 which is not otherwise declared exempt below shall be subject to architectural review as provided in this chapter. Improvements subject to architectural review include:
1. New buildings, structures or additions to existing structures;
2. Modifications to the exterior of a structure, including, but not limited to, the addition of windows, the introduction of bay or bow windows or new/unapproved window shapes or materials (such as glass block), doors, rooftop equipment, roof material or color, nontubular skylights, solar panels or loading docks;
3. Addition of paved area to a front yard including asphalt, cement and brick except for walkways;
4. Decks above grade at any point (except as exempted below), gazebos, patio covers, trellises, windscreens and similar improvements;
5. Exterior storage of recreational vehicles, recreational vehicle equipment, boats, boat trailers, campers and camper shells pursuant to Chapter 17.64;
6. Flagpoles more than fifteen feet in height in an “R” district or more than twenty-five feet in height in a “C” or “M” district or in multifamily common areas;
7. All improvements which the community development director deems similar to those listed above;
8. Elimination of the setback requirement between a spa or hot tub and a common area property line in the RT/PD, C-2/PD, or R-3/PD districts upon securing architectural review approval by the planning commission in each planned development;
9. Children’s play structures not otherwise exempt pursuant to subsection (B)(20) of this section. These structures shall be reviewed for location, height, size, colors, materials and impact on neighboring properties.
B. Improvements Exempt from Architectural Review. The following improvements shall be exempt from architectural review:
1. Modifications to the interior of a structure;
2. Repainting or restaining of buildings or structures on properties in R districts, which are not in a PD (planned development) district, provided the new color is not bright pastel, fluorescent or a primary color, or out of character with the existing colors used in the neighborhood;
3. Repainting or restaining of buildings or structures on properties in C-U, C-I, C-2, C-M, M-I, PF, OSC or any PD (planned development) district, provided the new color is within the project color palette previously approved by the city with the specific development plan for the project. However, within projects zoned R1/PD, adjacent properties which front on the same street shall not use the same color scheme;
4. Exterior landscaping of single-family detached homes unless required as a condition of approval of use permit or architectural review;
5. Replacement of landscape materials with the same species of plant;
6. Replacement of portions of the exterior of structures or improvements using materials of the same size, type and color;
7. Maintenance which does not involve replacement of any parts;
8. Improvements which are otherwise subject to use permit;
9. Storage sheds and other accessory structures lower than the fence line in a side or rear yard, except that storage sheds on waterfront property which are visible from public waterways shall require an architectural review by the community development director;
10. Decks less than eighteen inches above grade at any point which are also a minimum of five feet from any property line;
11. Flagpoles which are fifteen feet or less in height in an R district or less than twenty-five feet in height in a C or M district or in multifamily common areas;
12. Modifications (frame materials, muntins (grids) or other similar minor modifications as determined by the community development director) to existing windows and doors;
13. Replacement of existing first story rear or side yard windows with garden or greenhouse style windows;
14. Replacement of existing doors, including garage doors;
15. Fences on nonwaterfront property which do not face a public right-of-way;
16. New windows three square feet or less in size located on the first floor on a nonwaterfront property, not in a planned development (PD) district, and not facing a public right-of-way;
17. Exterior spas, hot tubs or swimming pools, whether portable, temporary or permanent, that comply with the requirements of Chapter 17.66, including but not limited to setbacks of the spa, hot tub, or swimming pool and associated equipment;
18. Replacement of exterior siding in the R-1 district with stucco, wood, wood shingle, vinyl or fiber cement siding, except that changes of siding on Eichler style houses as determined by the community development director shall require an architectural review permit;
19. Tubular style skylights;
20. Children’s play structures located in a side or rear yard, with a maximum height of eight feet, set back a minimum of five feet from any property line and located behind a minimum five-foot-tall fence with no electrical outlets or lights;
21. Basketball standards or similar equipment as determined by the community development director.
C. Improvements Which Are Prohibited. The following types of improvements are prohibited:
1. Repainting or restaining which uses a bright pastel, fluorescent, or a primary color or a color out of character with existing colors used in the neighborhood;
2. Repainting or restaining which uses murals, multi-colored patterns, or similar features.
a. Exception – Murals of landscapes, hardscapes or foliage may be displayed on the interior side of fence and walls. (Ord. 674 § 2 (Exh. J), 2024)
17.58.030 Architectural review approval required prior to construction or improvement.
Prior to the issuance of any building permit or construction of any improvement for any of the items listed in Section 17.58.020(A), architectural review approval shall be obtained as required by this chapter. (Ord. 674 § 2 (Exh. J), 2024)
17.58.040 Architectural review procedures.
A. Application. To obtain architectural review approval, an application accompanied by plans, supporting information and an application fee as established by city council resolution must first be submitted to the city. The required content of the application, supporting information and plans shall be as determined by the community development director. The supporting information shall include evidence that the applicant provided the adjacent property owners an opportunity to review the proposed plans and mail in their comments either in the form of a signed statement from the adjacent property owners or a certified mail receipt.
B. Review for Completeness. Within thirty days of submittal of the application the community development director or his/her designee shall determine if the application is complete.
C. Decision.
1. Planning Commission Review. The planning commission shall either approve, approve with conditions or deny the application in accordance with the provisions of this chapter and any other applicable requirements of federal, state or local law for all architectural review applications pertaining to:
a. Major improvements on properties in any district, including but not limited to the following improvements to property in R districts:
i. Room additions on waterfront property which the community development director cannot approve pursuant to subsection (C)(2) of this section;
ii. Second-floor room additions on nonwaterfront property which the community development director cannot approve pursuant to subsection (C)(2) of this section;
iii. Substantial changes or additions to waterfront decks that in the opinion of the community development director might significantly impact neighbors’ waterfront views; or
iv. Any improvement deemed by the community development director to be similar in nature.
b. On waterfront properties, room additions reviewed by the planning commission shall be subject to a use permit approved by the planning commission.
c. In districts other than R districts, the planning commission shall review modifications which result in an increase in floor area or a substantial change in the appearance of the building as determined by the community development director, including but not limited to use of lighting to outline features of a building, or any other item as determined by the community development director.
d. The planning commission shall review proposed changes to shopping center building colors in a legally noticed public hearing for the following neighborhood business or commercial mix districts: Charter Square Shopping Center/APN 094-473-010, 094-473-020 and 094-473-030; Beach Park Plaza Shopping Center/APN 094-261-330 and 094-261-270; The Market Place at Metro Center/APN 094-522-190; Edgewater Place Shopping Center/APN 094-541-070 and Marlin Cove Shopping Center/APN 094-330-150.
2. Community Development Director Review. For all architectural review applications other than those requiring planning commission action pursuant to subsection (C)(1) of this section, the community development director shall either approve, approve with conditions or deny the application in accordance with the provisions of this chapter and any other applicable requirements of federal, state or local law within ten days from the date the application was deemed complete unless a time extension is granted by the applicant. The community development director may refer the application to the planning commission for comment or final action. The community development director shall review:
a. Room additions on the waterfront side of waterfront property that are less than two hundred square feet in area on the first floor only.
b. Greenhouse/solariums on waterfront and non-waterfront properties.
c. The community development director shall review all room additions on nonwaterfront property and the nonwaterfront side of waterfront properties except second-floor additions that exceed four hundred square feet or are visible from the waterfront.
d. The community development director shall also review changes in windows and doors, addition of detached accessory buildings, fences, rooftop equipment, minor changes or additions to waterfront decks that in the opinion of the community development director will not significantly impact neighbors’ waterfront views.
e. Changes in building and roofing material in all districts not otherwise exempt from review.
f. Other minor exterior changes and building color changes in all zoning districts not otherwise exempt from review with the exception of shopping center building colors in the following neighborhood business or commercial mix districts: Charter Square Shopping Center/APN 094-473-010, 094-473-020 and 094-473-030; Beach Park Plaza Shopping Center/APN 094-261-330 and 094-261-270; The Market Place at Metro Center/APN 094-522-190; Edgewater Place Shopping Center/APN 094-541 070 and Marlin Cove Shopping Center/APN 094330-150.
D. Notice of Decision. Written notice of the decision shall be provided to the applicant and owner within five calendar days after the decision is rendered. In the case of decisions rendered by the community development director, written notice of the decision shall also be provided to the planning commission within five calendar days after the decision is rendered.
E. Decision Not Effective Until Permittee Acknowledges Acceptance of Any Conditions. Any architectural review decisions shall not be effective until the permittee acknowledges acceptance of any conditions of approval and any appeal period has lapsed or if there is an appeal until a final decision has been made on the appeal.
F. Appeals. The appeal period as prescribed in Section 17.06.140 shall begin on the date the notice of decision was issued. Any decision on an architectural review application shall not be effective until the appeal period prescribed in Section 17.06.140 has lapsed or, if there is an appeal, until a final decision has been made on the appeal or upon the preparation of a notice of decision if the appeal period is waived pursuant to this section. The appeal period may be waived by the community development director if all abutting property owners have submitted signed statements waiving their rights to file an appeal. (Ord. 674 § 2 (Exh. J), 2024)
17.58.050 Findings required.
Prior to approving an application for architectural review, the following findings must be made by the approving body:
A. That the proposal is consistent with the applicable provisions of the Foster City general plan and Title 17, Zoning, of the Foster City Municipal Code.
B. That the design of the proposal conforms to city’s objective design and development standards and other adopted guidelines. (Ord. 674 § 2 (Exh. J), 2024)
17.58.060 Architectural guidelines adopted by resolution.
A. The planning commission may, by resolution, approve or authorize the community development director to approve architectural guidelines for specific developments or specific types of development which are consistent with the intent and purpose of this chapter.
B. Architectural guidelines may include regulations for property improvements which are different than are contained elsewhere in Title 17, Zoning, and where they differ, such guidelines shall supersede the provisions of this title. For items not specifically mentioned in such guidelines, the provisions of this title shall otherwise apply. (Ord. 674 § 2 (Exh. J), 2024)
17.58.070 Special provisions.
A. Private Architectural Review. Where deed restrictions or private property covenants, codes, and restrictions require review by a private architectural board, committee, or homeowners’ association, the review shall be accomplished by the applicant and the findings of the board or committee shall be transmitted in writing to the city prior to city action. Application to the board and transmission of its findings shall be the responsibility of the applicant, not the city. (Ord. 674 § 2 (Exh. J), 2024)