Chapter 17.37


17.37.010    Purpose.

17.37.020    Housing goals.

17.37.030    Policies and implementation.

17.37.040    Establishment.

17.37.050    Development incentives.

17.37.060    Development agreement required.

17.37.070    Administrative guidelines.

17.37.010 Purpose.

A.    The senior housing overlay district is a floating district that is used only in conjunction with the PD planned development combining district, requires certain conditions before it can be attached to a specific parcel of land, and as such, is not given a specific location until a developer applies for it. As a special overlay district, it is intended to provide special opportunities and requirements designed to facilitate the development and construction of affordable senior citizen-oriented rental housing.

B.    It is the purpose of the senior housing overlay district to carry out policies of the city’s general plan/housing element with respect toward senior citizens and low- or moderate-income people as discussed in the 1986 Housing Element. (Ord. 327 § 1 (part), 1986)

17.37.020 Housing goals.

A.    To provide new housing at the highest feasible densities consistent with environmental constraints, the capacity of municipal services and facilities, and existing development patterns.

B.    To ensure that new housing includes some units that meet the needs of special population groups identified in this housing element. (Ord. 327 § 1 (part), 1986)

17.37.030 Policies and implementation.

A.    The city will continue to approve housing at higher densities consistent with environmental constraints and surrounding development patterns.

B.    The city will encourage a variety of housing styles, types and tenure.

C.    The city will seek to ensure that residential projects to be developed in Foster City contain some housing units that are affordable to lower-income or moderate-income residents. When necessary, the city will offer a density bonus incentive and other financial incentives, to the extent that they are available and workable, under various state and federal programs.

D.    The city will ensure that new housing includes units that can be adapted for use by disabled residents.

E.    The senior housing overlay district is intended to facilitate construction of affordable rental housing units that will serve the current and long-term city needs for affordable senior citizen-oriented dwelling units while maintaining a high degree of quality in project design and construction.

F.    The district is further intended, by offering various development incentives, to make the development of senior citizen-oriented affordable units attractive to potential developers while at the same time providing assurances to the city that units developed by the use of the incentives offered remain available and affordable to the target group intended—senior citizens of very low, low and moderate incomes.

G.    Except as specified within this chapter, all provisions of Chapter 17.36, PD planned development combining district of Title 17 of the Foster City Municipal Code shall apply. Section 17.36.060 of Chapter 17.36 shall not apply to any project developed under the provisions of this chapter.

H.    Projects developed under the provisions of this chapter shall not be subject to the provisions or requirements of Chapter 17.62, off-street parking regulations of Title 17 of the Foster City Municipal Code with respect to Section 17.62.060(A)(3) for that portion of the project designed specifically for senior citizens and Section 17.62.060(A)(5).

I.    The city recognizes that within any project developed under the provisions of the overlay district only a percentage of the total number of units constructed within it, to be negotiated on a project-by-project basis, will be reserved for occupancy by the intended target population.

J.    The target population intended to be served by the units constructed through the use of incentives offered as a part of the senior housing overlay district are senior citizens who meet both of the following criteria:

1.    Married couples, of which one spouse must be age sixty-two years or older or; Individuals - age sixty-two years or older and;

2.    Individuals or married couples whose annual income from all sources meets the definitions of either very low, low or moderate income as those terms are defined by state law. (Ord. 327 § 1 (part), 1986)

17.37.040 Establishment.

The senior housing overlay district requires the presence of certain conditions before it can be applied for or attached to a specific parcel of land:

A.    Appropriate base district zoning.

B.    Land uses in the immediate and surrounding area, current and projected, must be compatible with the living environment required by senior citizens and must be free of health, safety or noise problems.

C.    Area infrastructure must be in place or constructed as part of the project and capable of serving the proposed project including:

1.    Streets;

2.    Sidewalks;

3.    Traffic signals;

4.    Pedestrian circulation;

5.    Other infrastructure as required by the city.

D.    The proposed site shall be a reasonable distance from commercial establishments, service providers and other amenities including:

1.    Food shopping;

2.    Pharmacy;

3.    Banks;

4.    Public transportation;

5.    Open space/recreational facilities;

6.    Other services as determined by the city. (This list may be modified at the option of the city.) (Ord. 327 § 1 (part), 1986)

17.37.050 Development incentives.

A.    In order to reduce development costs associated with the construction of housing oriented toward senior citizens of very low, low and moderate income, the city is prepared to offer a developer some or all of the following incentives, depending upon the quality, size, nature, and scope of the project proposed:

1.    Reduction in required off-street parking requirements (design and ratios);

2.    Dwelling unit density bonus;

3.    Reduced dwelling unit sizes;

4.    Fee waivers/reductions;

5.    Priority fast track processing.

B.    All development incentives requested and subsequently offered are subject to negotiation between the city/agency and the project developer, and will be granted based upon that amount of incentive necessary to place per unit monthly rental costs in the range affordable to the target population. (Ord. 327 § 1 (part), 1986)

17.37.060 Development agreement required.

Development incentives granted by the city/agency to a developer using the senior housing overlay district are predicated on the long-term availability and affordability of the units for the target population. In order to ensure that the units remain available and affordable to this group, the developer will be required to enter into a development agreement with the city/agency in accordance with California state law. (Ord. 327 § 1 (part), 1986)

17.37.070 Administrative guidelines.

The city shall establish a process and such administrative guidelines as it deems necessary in order to implement the provisions of the senior housing overlay district. (Ord. 327 § 1 (part), 1986)