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, including the following:
1. Improvements in any zoning district subject to architectural review include:
a. New buildings, structures, reconstruction, or additions to existing structures;
b. Modifications to the exterior of a structure;
c. Modifications to the site, including landscaping (except as exempted below) or addition of paved area to a front yard except for walkways;
d. Accessory structures taller than six feet in height and decks higher than eighteen inches above grade, except as exempted below;
e. All improvements which the community development director deems similar to those listed in subsections (A)(1)(a) through (A)(1)(d) of this section;
2. In addition to the above, improvements in any residential zoning district subject to architectural review include:
a. Exterior storage of recreational vehicles, recreational vehicle equipment, boats, boat trailers, campers and camper shells pursuant to Chapter 17.64;
b. 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;
c. All improvements which the community development director deems similar to those listed in subsections (A)(2)(a) and (A)(2)(b) of this section;
B. Improvements Exempt from Architectural Review. The following improvements shall be exempt from architectural review in all zoning districts unless otherwise specified below:
1. Modifications to the interior of a structure;
2. Except as prohibited in subsection C of this section, repainting or restaining of buildings or structures on properties in R districts that are not in a PD (planned development) district;
3. Except as prohibited in subsection C of this section, repainting or restaining of buildings or structures on properties in C-O, C-I, C-2, C-M, C-A, 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;
4. Exterior landscaping of single-family and two-family dwelling units unless required as a condition of approval of use permit or architectural review;
5. For properties where landscaping is required as a condition of approval of use permit or architectural review, replacement of landscape materials with the same species of plant;
6. Like-for-like replacement of portions of the exterior of structures or improvements using materials of the same dimensions, type and color;
7. Improvements which are otherwise subject to use permit;
8. Storage sheds and other accessory structures lower than the fence line in a side or rear yard, except that accessory structures on waterfront property which are visible from public waterways shall require architectural review approval;
9. 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;
10. Decks less than eighteen inches above grade at any point which are also a minimum of five feet from any property line;
11. Replacement of existing windows that comply with the requirements of Chapter 17.15 or 17.96 as applicable, including expansion of windows to meet California Building Code requirements and new windows of three square feet or less that are not facing a public right-of-way;
12. Replacement of existing doors, including garage doors;
13. Fences on nonwaterfront property which do not face a public right-of-way;
14. 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;
15. Replacement of exterior siding in the R-1 district with stucco, wood, wood shingle, 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;
16. Tubular style skylights;
17. 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;
18. Basketball standards or similar equipment as determined by the community development director;
19. Accessory dwelling units and junior accessory dwelling units pursuant to Chapter 17.78.
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.
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. 699 § 3 (Exh. E), 2026)
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) and not exempt pursuant to Section 17.58.020(B), architectural review approval shall be obtained as required by this chapter. (Ord. 699 § 3 (Exh. E), 2026; Ord. 674 § 2 (Exh. J), 2024)
17.58.040 Architectural review procedures.
A. Application. To obtain architectural review approval, the applicant shall submit application materials to the community development director or their authorized representative, including the following:
1. Application Forms. Completed application forms as prescribed by the community development department.
2. Checklist Requirements. All information/documents as outlined in the community development department application requirements checklists;
3. Plans. Scaled and accurate plans to include required applicable information as outlined in the community development department application requirements checklists;
4. Fees. The applicant shall pay all applicable fees as set forth in the master fee and service charges schedule, as adopted by resolution of the city council.
B. Review for Completeness and Compliance with Standards.
1. The community development department shall review the request for completeness and compliance with the standards and requirements of this title and any other relevant requirements set forth in the Foster City Municipal Code and respond within thirty calendar days of receipt, unless both parties agree upon an extension, and either deem the application complete or provide a comprehensive list of all remaining items necessary for the application to be complete.
2. The community development director shall have the authority to determine which type of application(s) are required for proposed project(s); to administer the architectural review process; to establish submittal and review requirements; and to determine the completeness of applications for any actions allowed or required under the provisions of this chapter.
3. The community development director may refer any architectural review permit application to the planning commission for comment or final action.
C. Reviewing Authority.
1. Planning Commission Architectural 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. The applicant requesting an exception or exceptions to any standard or requirement of Chapter 17.15 or 17.96.
ii. For waterfront properties, room additions on the second floor or additions on the ground floor that are more than four hundred square feet or are visible from the waterfront;
b. 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.
c. 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.
d. Any improvement deemed by the community development director to be similar in nature to subsections (C)(1)(a) through (C)(1)(c) of this section.
2. Administrative Architectural Review.
a. 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.
i. The community development director may refer the application to the planning commission for comment or final action.
b. A one hundred percent affordable housing project, or other affordability requirement as specified by applicable state law, which requires ministerial review and complies with the objective design and development standards included in Title 17, shall be ministerially reviewed pursuant to administrative architectural review.
D. Notice of Decision.
1. A written notice of the decision or planning commission resolution shall be provided to the applicant and owner within five calendar days after the decision is rendered.
2. The notice of decision and/or planning commission resolution shall clearly state any conditions of approval.
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.
1. The appeal period as prescribed in Section 17.06.140 shall begin on the date of planning commission decision or the notice of decision was issued.
2. 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.
G. Expiration, Extensions, and Revocations. Architectural review approval granted shall be subject to the provisions of Sections 17.06.180 through 17.06.200 for expiration, extensions, and revocations. (Ord. 699 § 3 (Exh. E), 2026)
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)