A Rezoning is a legislative action to allow a change in use of a property. Each property in the city has a zoning designation that establishes the type of land use(s) and development or improvement regulations that are appropriate for that particular property.
For example an R-1 zone allows single- family residential land use. Rezoning to an R-2 designation would still restrict the use of property to residential but two-family residences would be permitted in addition to single-family residences.
Other types of zoning districts include commercial districts, industrial (M-1) districts, public (PF) districts and open space (OSC) districts. Residential, commercial and industrial districts can be combined with the additive PD (Planned Development) in order to accommodate a variety of land uses tied to a specific site plan or to allow flexibility in development standards. Other additive districts allow future aquatic development.
Section 65850 of the State Government Code allows the legislative body of any city to adopt ordinances relating to the regulation of use of buildings and signs, requirements for off street parking and loading, establishment and maintenance of building setback lines, creation of civic districts and regulation of the following:
The location, height, bulk, number of stories, and size of buildings and structures. The size and use of lots, yards, courts, and other open spaces. The percentage of a lot that may be occupied by a building or structure. The intensity of land use. Section 65851 allows a city's legislative body to divide a city into zones of the number, shape and area it deems best suited to carry out the administration of zoning laws, ordinances, rules and regulations. The legislative body authorized to establish and change zoning districts in Foster City is the City Council, upon recommendation by the Planning Commission.
Section 17.74 of the Foster City Municipal Code regulates the amendments to the Zoning Code and the rezoning of property. This section governs how a rezoning action must be initiated, the public hearings required and the general procedure.
A word of caution: no rezoning action can be approved unless the proposed rezoning is in compliance with the General Plan. Please see the pamphlet entitled "What is a General Plan Amendment?" available from the Planning Division for further information. During the rezoning request review process the proposal is evaluated, among other criteria, for consistence with the General Plan and for the compatibility of land use with surrounding development. The proposal is also reviewed under the provisions of the California Environmental Quality Act (CEQA).
An explanation of the rezoning process and a detailed list of the submittal requirements can be obtained from the Planning/Code Enforcement Division. For information on the rezoning process contact the Planning/Code Division in City Hall or call 286-3225. You may also e-mail them at Planning@fostercity.org.