Chapter 17.72 — DEVELOPMENT PROJECT PRELIMINARY REVIEW PROCEDURES

Sections:

17.72.010 Purposes.

17.72.020 Supplemental procedures.

17.72.030 Applicability and initiation.

17.72.040 Preliminary review.

17.72.050 Preliminary review public study session procedure.

17.72.060 Voluntary compliance.

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This chapter establishes procedures for preliminary screening of development projects involving proposed general plan or zoning ordinance amendments (“prescreening”). This chapter is intended to achieve, and shall be implemented to accomplish, the following purposes:

A. To maximize opportunities for meaningful public discussion of development projects, at the earliest feasible time, for the guidance of the public, project proponents and city decision makers.

B. To focus public and environmental review of development projects on the issues of greatest significance to the community, including, but not limited to, planning concerns, neighborhood compatibility, general plan consistency, economics, social costs and benefits, fiscal costs and benefits, technological factors, and legal issues. These procedures are not intended to permit or foreclose debate on the merits of approval or disapproval of any given development project.

C. To provide members of the public with the opportunity to obtain early information about development projects in which they may have an interest.

D. To provide project proponents with the opportunity to obtain early, nonbinding preliminary comments on development projects to encourage sound and efficient private decisions about how to proceed.

E. To encourage early communication between elected and appointed public officials and staff with respect to the implementation of city policies, standards, and regulations on particular development projects.

F. To facilitate orderly and consistent implementation of the city’s general plan and development regulations. (Ord. 587 § 1 (part), 2014)

These procedures are supplemental to any other authority under state or local law which permits preliminary screening of development projects, including, but not limited to, the California Environmental Quality Act, Public Resources Code Section 21000, et seq., and the State Planning and Zoning Law, Government Code Section 65000, et seq. (Ord. 587 § 1 (part), 2014)

A. These procedures may be applied to the following types of development projects:

1. General plan amendments.

2. Substantial zoning changes, rezonings from one district to another district and text changes, general development plans and general development plan amendments.

B. Development project preliminary review shall be initiated upon receipt of a development project application and before the development project is reviewed by the planning commission at a study session or noticed for public hearing on the merits of the application, if any is required.

C. Development project preliminary review may also be initiated prior to the filing of an application, upon the request of the project proponent. The project proponent shall pay a preliminary review fee as set forth in the municipal fee schedule. If the project proponent wishes to proceed with the project after preliminary review, he or she must then file an application and pay a regular application fee.

D. The city may from time to time establish application forms, submittal requirements, fees, and such other requirements, guidelines and informal regulations as will aid in the efficient implementation of these procedures. (Ord. 587 § 1 (part), 2014)

A. Upon initiation as provided in Section 17.72.030, one or more noticed public study sessions will be held to solicit comments which will aid in accomplishing the purposes of these procedures.

B. The noticed public study session will be conducted by the city council.

C. Notice of the study session and the opportunity for public participation shall be provided in the same manner as may be required by law for action on the underlying development project application.

D. No formal action may be taken during preliminary review. (Ord. 587 § 1 (part), 2014)

A. Preliminary review study sessions may be conducted in any manner deemed appropriate by the city council.

B. City staff will prepare a summary outline of the proposed project which highlights any information relevant to the purposes identified in Section 17.72.010, including but not limited to any initial study prepared for the project. In addition, the project proponent or any interested person may provide oral or written comments consistent with the purposes of these procedures during a preliminary review study session. Subsequent city staff reports on development projects which have been subject to preliminary review should summarize any comments made during the process.

C. Preliminary review study sessions shall not be for the purpose of taking evidence with respect to a development project. Neither the city council, nor any city commission, committee, or staff person may rely upon information obtained or comments made during the preliminary review process for any final decision, unless such information or comments are reintroduced during a subsequent noticed public hearing on the merits of the development project. (Ord. 587 § 1 (part), 2014)

A. Compliance with any development project revisions, alterations, or conditions suggested during the preliminary review process shall be voluntary. Failure to comply with any such revisions, alterations, or conditions shall not affect consideration of the project by the city.

B. Nothing in these procedures is intended, nor shall any provision be construed, to constitute, permit or result in any binding determination of the rights, interests, or entitlements of the city, project proponent, or any interested person with respect to a development project upon which preliminary review is conducted.

C. Development project preliminary review shall be without prejudice to the ability of the city, project proponent, or any interested person to proceed with a development project in any manner, notwithstanding any suggested revisions, alterations, or conditions.

D. After preliminary review has been initiated, a project proponent shall have the right to withdraw a development project application at any time before commencement of a public hearing on the first discretionary permit, license, or entitlement for the project. Such withdrawal shall be without prejudice to the project proponent’s ability to reapply for the same or a substantially similar development project at a future date, subject to the regulations, standards, and policies in effect upon reapplication. Upon such withdrawal, the city shall refund any application processing deposits to the project proponent which have not yet been expended. (Ord. 587 § 1 (part), 2014)

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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.

17.74

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Chapter 17.74 AMENDMENTS

Sections:

17.74.010 Generally.

17.74.020 Rezoning of property. 17.74.030 Initiation. 17.74.040 Hearing—Required.

17.74.050 Hearing—Notice.

17.74.060 Commission’s report.

17.74.070 Hearing—By council.

17.74.080 Modification—Action.

17.74.090 Recommendation against rezoning.

17.74.100 Prezoning.

17.74.110 Reconsideration within one year.

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Except as otherwise provided in this chapter, any amendment to this title shall be initiated and adopted as other ordinances are amended or adopted. (Ord. 38 § 1 (part), 1972: prior code § 10-409.010)

Any amendment to this title which changes any property from one district to another district, or imposes any regulation upon property not theretofore imposed, or removes or modifies any such regulation, shall be initiated and adopted as hereinafter set forth in this chapter. (Ord. 38 § 1 (part), 1972: prior code § 10-409.020)

Any amendment of the nature specified in Section 17.74.020 may be initiated by:

• A. Filing with the city planning commission of a resolution of intention of the city council;

• B. Passage of a resolution of intention by the planning commission; or

C. Filing with the planning commission of a petition of one or more record owners of property which is the subject of the proposed amendment or their authorized agents. A petition for amendment shall be on a form designated therefor by the planning commission and shall be accompanied by a fee as set by resolution of the city council. (Ord. 38 § 1 (part), 1972: prior code § 10-409.030)

Upon receipt of a petition or resolution of intention of amendment, the planning commission shall set a date for a public hearing thereon, but not later than forty-five days after the receipt of the petition or resolution. (Ord. 38 § 1 (part), 1972: prior code § 10-409.040)

Notice of public hearing shall contain the information required pursuant to Section 17.06.130 and shall be published in at least one newspaper of general circulation at least ten days prior to the hearing, or if there is no such newspaper of general circulation, the notice shall be posted at least ten days prior to the hearing in at least three public places within the city. If the proposed ordinance or amendment to the zoning ordinance affects the permitted uses of real property, notice shall also be given pursuant to Section 17.06.130. (Ord. 371 § 26, 1989: Ord. 38 § 1 (part), 1972: prior code § 10-409.041)

After the close of the public hearing or continuations thereof, the planning commission shall make a report of its recommendations and the reasons therefor, with respect to the proposed amendment. The commission’s report shall include a list of persons who testified at the hearing, a summary of the facts adduced at the hearing, and copies of any maps or data and/or documentary evidence submitted in connection with the proposed amendment. Copy of such recommendation shall be transmitted to the city council within forty-five days after the notice of hearing thereon; provided however, that such time may be extended with the consent of the city council or the petitioner for such amendment. (Ord. 38 § 1 (part), 1972: prior code § 10-409.050)

Upon receipt of the recommendation of the planning commission, the city council shall hold a public hearing thereon, if a favorable recommendation is received or a petition is filed as required in Section 17.74.030, after giving notice thereof as required by law. After the conclusion of such hearing the city council, within sixty days, may approve, modify or disapprove the recommendation of the planning commission. (Ord. 371 § 27, 1989: Ord. 38 § 1 (part), 1972: prior code § 10-409.060)

Any modification of the proposed amendment as recommended by the planning commission shall first be referred to the planning commission for report and recommendation. The planning commission need not hold a public hearing thereon. Failure of the planning commission to report to the city council, within forty days of the date of reference, shall be deemed to be approval of the proposed modification. (Ord. 38 § 1 (part), 1972: prior code § 10-409.070)

If the planning commission has recommended against an amendment which would change property from one zoning district to another, the city council need not take further action thereon, unless an interested party requests a public hearing. Such request shall be filed with the city clerk not more than five days after the planning commission has filed its recommendations with the city council. The city council shall then proceed as provided in Sections 17.74.040 and 17.74.050. (Ord. 38 § 1 (part), 1972: prior code § 10-409.080)

The city may prezone unincorporated territory adjoining the city for the purpose of determining the zoning that will apply to such property in the event of subsequent annexation to the city. The method of accomplishing such prezoning shall be as provided by this chapter for zoning within the city. Action to prezone may be by initiation of the planning commission or city council. Such zoning shall become effective at the same time that the annexation becomes effective. (Ord. 38 § 1 (part), 1972: prior code § 10-409.090)

In case an application for a rezoning or an amendment to this title is denied, the application shall not be eligible for reconsideration for one year subsequent to such denial unless a new application affecting or including all or a part of the same property is substantially different in the opinion of the planning director from the application denied. If an application

is denied without prejudice, the same application may be eligible for reconsideration at any time following resubmittal of an application, filing fee and supporting materials. (Ord. 371 § 28, 1989: Ord. 38 § 1 (part), 1972: prior code § 10-409.100)

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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.

17.76

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