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From:Jessica Poon To:Foster City Public Comment Cc:Rob Lasky; Aaron Siu; Austin Walsh; Priscilla Schaus; Sandy Loi Subject:FAR Calculation Must Include Entire Legal Parcel, Including Waterfront Portion Date:Thursday, April 23, 2026 12:26:07 PM To: City of Foster City – Planning Commission / Community Development Department I submit this written public comment to request that the City of Foster City calculate Floor Area Ratio (FAR) using the entire legal lot area of our parcel, including the portion of the lot that extends into the water, consistent with the Foster City Municipal Code and California law. FAR Definition Under Foster City Municipal Code Foster City’s zoning regulations define Floor Area Ratio (FAR) as a numerical relationship between a building’s gross floor area and the area of the lot on which the building is located. FAR is calculated by dividing total gross floor area by lot area, as established by the legal parcel. The Municipal Code does not define FAR based on “upland area,” “buildable area,” or any subset of a lot—it relies on lot area as the denominator. Nothing in the Foster City Municipal Code excludes waterfront land, lagoon‑adjacent land, or deeded land over water from the definition of “lot area” for FAR purposes. Accordingly, FAR must be calculated using the entire lot as legally created and recorded. Legal Lot Lines Control FAR Calculations Our parcel’s boundaries and total lot area are established by a recorded subdivision map and deed, which define the original house lot lines. Under the Subdivision Map Act (Government Code Sections 66410 et seq.), the City is required to recognize legally created and recorded lots as they exist, not as later reinterpreted for zoning calculations. The City may not apply zoning standards—including FAR—to a reduced or reconstructed version of a lot that differs from the parcel legally created and conveyed. Any FAR calculation that excludes a deeded portion of the parcel effectively disregards the controlling lot configuration. Deeded Waterfront Land Is Part of the Lot Area Under Civil Code Section 658, ownership extends to the full property conveyed by deed, including land that borders or extends into water. The waterfront portion of our lot has never been vacated, dedicated, or legally removed from the parcel. While Public Resources Code Sections 6301–6359 govern state tidelands and submerged lands, those provisions do not authorize a city to unilaterally exclude deeded land from zoning calculations absent a formal legal determination affecting ownership. Unless and until such a determination exists, the City must treat deeded waterfront land as part of the lot area for FAR purposes. FAR Is a Density Metric, Not a Development Placement Tool FAR regulates development intensity, not where structures are placed on a lot. Other zoning standards—such as setbacks, height limits, waterway buffers, and design review—govern building placement and environmental considerations. Using FAR to discount part of a legal lot improperly conflates FAR with buildability, contrary to its purpose and definition in the Municipal Code. Request For the reasons stated above, I request that the City of Foster City: 1. Calculate Floor Area Ratio using the entire legal lot area, including the waterfront portion shown on the recorded subdivision map and deed; 2. Honor the original house lot lines and full parcel as conveyed when applying FAR and other zoning standards; and 3. Confirm that FAR calculations are based on the legally established parcel, consistent with the Municipal Code and California law. Thank you for ensuring that zoning standards are applied consistently, lawfully, and in accordance with recorded property rights. I respectfully request that this comment be included in the public record. Respectfully, Jessica Poon 189 Flying Cloud Isle, Foster City, CA 94404
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