17.12.010 Chapter 17.12 Sections: RESIDENCE DISTRICT* 17.12.010 Creation of residence district. * Prior history: Prior Code 101.2.12 and Ords. 529 and 564. 17.12.010 Creation of residence district. There is one zone within the town, namely, the residence district ("RD"), which consists of all of the land within the boundaries of the town. (Ord. 639 10, 2003) 373 (Hillsborough Supp. No. 11, 9-10)

Sections: Chapter 17.16 USES PERMITTED 17.16.010 Designated. 17.16.012 Film production. 17.16.015 Home businesses. 17.16.020 Use for the purpose of single-family dwelling Defined. 17.16.030 Private schools. 17.16.040 Family day care homes. 17.16.010 Designated. Subject to all other applicable provisions of this code and other law, the following uses are all of the uses that are permitted within the residence district: A. Permitted Uses. 1. Single-family dwelling and accessory structures (including outdoor fixtures pursuant to Chapter 12.12); provided, however, that no lighting of tennis courts or play courts is permitted. Renting a room in a single-family dwelling for compensation (money or services) shall be deemed part of the permitted use as a single-family dwelling. 2. Country club (which includes all social and commercial activities normally conducted within a country club). Multifamily rental housing on the country club site for use and occupancy by employees of the country club is permitted. 3. Public buildings, parks, playgrounds, or other facilities owned by the town. 4. Duly franchised or municipal public utility with all accessories incident thereto, subject to all applicable rules, regulations, and licenses now or hereafter imposed. 5. Telecommunications structures and equipment entitled to be located in town pursuant to federal law. 6. Public schools and all structures and playgrounds incident thereto. (Hillsborough Supp. No. 11, 9-10) 374 7. Open space owned by the town and intended to be kept unimproved. (The presence of public utilities shall not be deemed an improvement.) 8. Second units meeting the standards of Chapter 17.52 of this code. B. Uses Permitted with a Special Permit. 1. Home businesses for which a current and valid permit has been issued under Section 17.16.015 of this chapter; 2. Private schools and all structures and playgrounds incident thereto for which a current and valid permit has been issued under Section 17.16.030 of this chapter; 3. Commercial film production for which a current and valid film production permit has been issued under Section 17.16.012 of this chapter; 4. A fundraising event for which a permit has been issued under Chapter 5.16 of this code. C. Uses Permitted with a Use Permit. 1. None. (The town of Hillsborough does not have a use permit system.) D. Uses Permitted as Required by Overriding State or Federal Law. 1. Family day care home for children in a single-family residence, to the extent mandated by California Health and Safety Code Section 1597.40. Any family day care home for children shall comply with Section 17.16.040 of this chapter. Such facilities shall meet all requirements of the Hillsborough Municipal Code, including but not limited to, parking relating to single family residences; 2. Residential care facility for the elderly in a single-family dwelling, to the extent mandated by California Health and Safety Code Section 1569.85. Such facilities shall meet all requirements of the Hillsborough Municipal Code, including but not limited to parking, relating to single family residences; 3. Transitional and supportive housing as defined respectively in California Health and Safety Code Sections 50675.2(h) and 50675.14(b). Such facilities shall meet all requirements of the

17.16.010 Hillsborough Municipal Code, including but not limited to parking, relating to single family residences; 4. One Emergency Shelter, as defined in California Health and Safety Code Section 50801(e), operating within the former fire station at 1600 Floribunda Avenue in Hillsborough, California, under the following standards: i. Up to three beds shall be permitted on the premises; ii. No more than three clients shall be permitted on the premises at any time. Families consisting of not more than three individuals shall be permitted on the premises. A family consisting of three individuals must include at least one adult and at least member under the age of 18; iii. An on-site management plan is subject to review and approval by the police chief and shall include but not be limited to the number of employees, hours of operation, provision for transporting residents, provisions for providing personal hygiene, and provision for supplying food; iv. All waiting and client in-take areas shall be entirely within the building enclosing the Emergency Shelter; v. On-site management of the operation shall be present at all times that the facility is in operation; vi. Clients are limited to stays of no more than thirty days; vii. All exterior lighting shall be downlit, shall not be directed toward the street, the sky or neighboring properties and shall be a maximum of 60 watts; viii. No exterior signage associated with the facility is permitted except as outlined in Chapter 17.48 of the Hillsborough Municipal Code; ix. An on-site security plan and the rules of the facility shall be subject to review and approval by the chief of police to ensure that nuisance activities are prevented. The plan shall include but not be limited to provision of an alarm system, locks, and a screening process to ensure that persons with outstanding warrants and convicted sex offenders are not permitted to occupy the premises; x. One parking space per employee of the emergency shelter shall be provided; xi. The facility shall comply with all health and safety requirements of the County, State and Federal governments. 5. Any other use not otherwise provided for in this section and which, by state or federal law, may not be prohibited in the residence district. E. Legal Nonconforming Uses. 1. Hillsborough Racquet Club (a membership social club incorporated on September 14, 1937, and since then continuously located at its present site at 252 El Cerrito Avenue, all prior to the adoption of the original residence district zoning ordinance (Ord. 143) on December 13, 1937) including all social and commercial activities traditionally conducted within the racquet club; 2. Structures meeting the definition of detached domestic units and in existence as of January 10, 1983. (Ord. 683 6, 2008; Ord. 665 3, 2006; Ord. 648 7 (part), 2003; Ord. 639 11, 2003: Ord. 614 5, 2000; Ord. 613 1, 2, 2000; Ord. 603 2, 1999; Ord. 591 1, 1999; Ord. 392 1, 1984; Ord. 390 1, 1984; Ord. 381 1, 2, 1983; Ord. 350 1, 1978; Ord. 334 1, 1976; Ord. 323 1, 1973; prior code 101.2.16) (Ord. No. 688, 1, 6-14-2010) 374-1 (Hillsborough Supp. No. 11, 9-10)

17.20.020 Chapter 17.20 NONCONFORMING STRUCTURES AND USES* Sections: 17.20.010 Definitions. 17.20.020 Altering or rebuilding nonconforming structures in the absence of natural disaster. 17.20.030 Rebuilding nonconforming structures destroyed by natural disaster. 17.20.040 Nonconforming uses. 17.20.050 Night lighting of tennis and play courts. * Prior history: Prior code 101.2.20 and Ords. 529 and 545. 17.20.010 Definitions. "Complete reconstruction" means reconstruction of a nonconforming structure that has been torn down to the foundation. The preservation of a token amount of wall or similar structural part of the existing structure shall not prevent the reconstruction from being deemed a complete reconstruction. "Nonconforming structure" or "legal nonconforming structure" means a structure that was built with all required permits and approvals and, at the time it was constructed, complied with thenapplicable laws regarding setback area, floor area ratio, height, lot coverage, and all other requirements of law, but, by reason of subsequent amendment of one of more of such laws, does not fully conform to the present requirements of this code. "Nonconforming use" or "legal nonconforming use" means a use that conformed to applicable law in effect when the use began but, by reason of subsequent amendment of such law, does not comply with the present requirements of this code. (Ord. 639 16, 2003) 17.20.020 Altering or rebuilding nonconforming structures in the absence of natural disaster. A. Regarding encroachment into a setback area, a dwelling that is nonconforming because it encroaches into a setback area may be enlarged, reconstructed, or otherwise altered provided the encroachment does not extend further into the setback area if: 1. Such addition, reconstruction, or alteration does not amount to a complete reconstruction; 2. The height of any newly constructed or reconstructed portion of the structure within the setback area does not exceed twenty-two feet; 3. The fire chief and chief building official first determine that such enlargement, reconstruction, or alteration will not constitute a fire or safety hazard; and 4. The adjoining property owner(s) have been notified in writing of the proposed addition, reconstruction, or alteration and if such owner(s) have raised any objection, the proposal has been approved by the city council after a public hearing noticed under Chapter 1.20. In considering whether to approve a proposal under this subsection regarding a dwelling (including, without limitation, a garage attached to such dwelling), the city council shall consider, and shall make findings as to whether approving the proposal will allow the replacement of a deteriorated or antiquated structure or portion thereof with a sound, properly designed and constructed structure or portion thereof, and whether approving the proposal will, or will not, be materially detrimental to the public health, safety, or welfare or injurious to other properties in the town. B. Regarding encroachment into a setback area, an accessory structure that is nonconforming because it encroaches into a setback area may be enlarged, reconstructed, or otherwise altered provided the encroachment does not extend further into the setback area if: 1. Such addition, reconstruction, or alteration does not amount to a complete reconstruction; 2. The fire chief and chief building official first determine that such enlargement, reconstruction, or alteration will not constitute a fire or safety hazard; and 380-5 (Hillsborough Supp. No. 12, 6-12)

17.20.020 3. The adjoining property owner(s) have been notified in writing of the proposed addition, reconstruction, or alteration and if such owner(s) have submitted a written objection to the planning office, the proposal has been approved by the city council after a public hearing noticed under Chapter 1.20. In considering whether to approve a proposal under this subsection regarding an accessory structure (including, without limitation, a garage attached to such accessory structure), the city council shall consider, and shall make findings as to whether approving the proposal will allow the replacement of a deteriorated or antiquated structure or portion thereof with a sound, properly designed and constructed structure or portion thereof, and whether approving the proposal will, or will not, be materially detrimental to the public health, safety, or welfare or injurious to other properties in the town. C. Notwithstanding subsection B. of this section, the city council may grant a garage exception to the requirements of subsections B.1. and B.2. of this section to allow complete reconstruction of and/or increased encroachment into the setback for nonconforming garages if the council finds that granting such garage exception will allow the replacement of a deteriorated or antiquated garage (or structure used for garage purposes) with a sound, properly designed and constructed garage and that granting the exception will not be materially detrimental to the public health, safety, or welfare or injurious to other property in the town. Subsection B.4. of this section shall apply; however, the written notice to the adjoining property owner(s) shall include the fact that a garage exception will be considered by the city council. The city council need not hold a public hearing when considering a garage exception unless an adjoining property owner has filed a written objection to the proposed addition, reconstruction, or alteration. D. Regarding nonconformance with the maximum allowable floor area ratio (FAR), any structure (accessory or nonaccessory) that is nonconforming because it and the other structures on the lot together exceed the maximum allowable floor area ratio (FAR), as defined in Section 17.32.030(B), or it exceeds the maximum square footage for an accessory structure or it exceeds the maximum allowable lot coverage (footprint) under Chapter 17.32, may be enlarged, reconstructed, or otherwise altered, (but not so as to amount to a complete reconstruction) if such addition, reconstruction, or alteration will not increase the net structural lot coverage (footprint) or net floor area that is not conforming. For example, a singlefamily dwelling having a FAR of twenty-seven percent may be remodeled (including removing and adding square footage) so that it has a FAR above twenty-five percent but not above twentyseven percent. E. Regarding nonconformance with height limitations, any structure (accessory or nonaccessory) that is nonconforming because it exceeds current height limitations may be enlarged, reconstructed, or otherwise altered (but not so as to amount to a complete reconstruction) without regard to current height limitations as long as such enlargement, reconstruction, or other alteration is confined to the existing building envelope of the structure. Any enlargement, reconstruction, or other alteration that would extend beyond the existing building envelope of the structure shall conform to current height limitations unless the architecture and design review board recommends otherwise, provided, however, that in no event shall any construction be higher than the existing structure. F. It is not the intent of this section to limit repairs and regular maintenance that are necessary to maintain the safety or soundness of a structure; however, if a dwelling is torn down, all remaining structures on the lot, as well as any new dwelling, shall be made conforming with the provisions of this code. (Ord. 683 7, 2008: Ord. 657 2, 2005; Ord. 639 16, 2003) (Ord. No. 692, 3, 9-3-2010) 17.20.030 Rebuilding nonconforming structures destroyed by natural disaster. In the event of a fire, earthquake, or other natural disaster, all or portions of a legal noncon- (Hillsborough Supp. No. 12, 6-12) 380-6

17.20.050 forming structure shall be permitted to be rebuilt, to the same or a lesser degree of nonconformity as the destroyed structure or portion(s) of structure. Rebuilding shall not be permitted for any nonconforming structure or portion of structure that is intentionally removed. (Ord. 639 16, 2003) 17.20.040 Nonconforming uses. If a nonconforming use ceases for a period of one hundred eighty consecutive days, the use of such structure or premises must thereafter conform to the provisions of this title. (Ord. 639 16, 2003) 17.20.050 Night lighting of tennis and play courts. Any light standard, light fixture, or other device installed prior to December 9, 2002, to provide night lighting of tennis and play courts, and fitting the description set forth in Section 17.20.010(B) as to compliance with permits, approvals, and laws at the time of installation, may continue to be so used in the location installed but shall be a nonconforming structure and shall be subject to the provisions of this chapter. Such night lighting shall not be used between the hours of ten p.m. and seven a.m. (Ord. 639 16, 2003) 380-7 (Hillsborough Supp. No. 12, 6-12)

Chapter 17.24 REQUIRED SETBACK AREAS* Sections: 17.24.010 General rules. 17.24.020 Location of setback areas. 17.24.030 Measurement. * Prior history: Prior Code 101.2.24 and Ords. 370 and 618. 17.24.010 General rules. A. Except as otherwise set forth in these general rules, no structure placed, erected, or constructed on private property shall be located in the setback areas as described in Section 17.24.020. B. Subject to subsection C below, the following accessory structures may be located within setback areas as indicated: 1. Retaining walls, provided that the maximum height allowed is six feet in the street-line setback area (as defined in Section 17.24.020 A. and B.) and four and one-half feet in the interior setback area (as defined in Section 17.24.020 C., measured as set forth in Section 12.12.050 B. 2. Decks, stairs, landings no higher than eighteen inches, ponds (a pond being a pool of water no more than eighteen inches deep), walkways, patios, terraces, driveways, benches, and railings. 3. Any outdoor fixture meeting the requirements of Chapter 12.12 of this Code and all other applicable laws and regulations. 4. In the total combined setback areas of a lot, one enclosed structure not exceeding forty square feet in floor area if: a. The structure is no more than six feet high; and b. The structure is no closer than five feet from any lot line; and c. The structure is at least forty feet from any adjoining residence; and d. The structure is more than twenty-five feet from any street line; and e. The adjoining affected property owner(s) (i.e., the owner(s) whose property is adjacent to the proposed structure) has indicated in writing that the affected owner has no objection to the proposed location. 5. Unenclosed structures (such as tennis or other courts, play structures, arbors, swimming pools, spas, and hot tubs) if: a. The structure is no more than eight feet high, provided, however, than any structure more than six feet high is subject to prior design review approval as set forth in Chapter 2.12; and b. The structure is no closer than five feet from any lot line; and c. The structure is at least forty feet from any adjoining residence; and d. The structure is more than twenty-five feet from any street line; and e. The adjoining affected property owner(s) (i.e., the owner(s) whose property is adjacent to the proposed structure) has indicated in writing that the affected owner has no objection to the proposed location. C. No structure shall be located over a public utility easement except that a fence not over six feet high may be so located, and, if the entity owning the easement has given prior written approval, a retaining wall not over four and one-half feet high may be so located. D. Architectural features such as bay windows, chimneys, and overhanging eaves may encroach a maximum of twenty-four inches into street-line and interior setback areas. E. Solar Energy Systems, as defined in the California Civil Code Section 801.5(a) or successor provision, are exempt from the requirements of this section but shall be no closer than five feet from any property line. Additionally, solar energy systems shall be subject to all applicable Federal, State and Hillsborough Municipal Code health and safety requirements. (Ord. 683 8, 2008: Ord. 639 17, 2003) (Ord. No. 692, 4, 9-3-2010) 17.24.020 Location of setback areas. A. The street-line setback area is that twentyfive foot wide strip of land that is bounded on one (Hillsborough Supp. No. 12, 6-12) 380-8

17.24.020 side by the street line and on the other side by a parallel line on the lot and twenty-five feet distant from the street line, such parallel line continuing until either end of it abuts a lot line. If the lot is bounded by more than one street line, the area bounded by all street lines and their parallel lines twenty-five feet distant constitutes the street-line setback areas of the lot. The provisions of this paragraph are illustrated by the first diagram following the next paragraph. B. Notwithstanding subsection (A) of this section. 1. On property having frontage along a street or right-of-way established by easement (as opposed to dedication in fee), whether public or private, the outside boundary of the street-line setback area shall be the line between the easement and the remainder of the private property unencumbered by the easement, as illustrated by the second diagram below. 17.24.020: Location of setback areas (shown in plan view) 17.24.020A: Example, on a corner lot, of street line setback areas where the "street" is a dedicated right-of-way 17.24.020B.1: 380-8.1 (Hillsborough Supp. No. 12, 6-12)

17.24.020 Example, on a corner lot, of street line setback areas where the "streets" are easements for right-of-way purposes, rather than a dedicated right-of-way. (Hillsborough Supp. No. 12, 6-12) 380-8.2

17.32.060 any additional development is possible on the property. (Ord. 639 20 (part), 2003) 17.32.040 Floor area in excess of eight thousand square feet. A. Except as set forth in subsection G of this section, the design of any dwelling having a total covered floor area, as defined in Section 17.32.020(A), in excess of eight thousand square feet shall not be deemed approved or conditionally approved, regardless of any recommendation of the architecture and design review board or the lack of a timely and proper appeal, until the project has been submitted to the city council for review and final disposition. B. For purposes of this section, the total covered floor area shall be deemed to exceed eight thousand square feet if the floor area exceeds that number before the project is begun or will exceed that number after the project is finished or both. C. Projects having a total covered floor area in excess of eight thousand square feet shall be submitted to the city council as follows: the submittal shall include, but not be limited to, all the written documentation that was presented to the architecture and design review board for its consideration, as well as the written record of the architecture and design review board's action made by the town staff following the board's meeting. D. The submittal to the city council shall be noticed in the same manner as was required for the architecture and design review board's consideration of the project. E. The city council's review shall include a public hearing and shall consider the following: 1. The project's compliance with all applicable laws, regulations, and policies. 2. The recommendation of the architecture and design review board. 3. The project's aesthetic compatibility with the site and the neighborhood, including, without limitation, the impact of such square footage on the site and the neighborhood. F. The city council shall either approve, conditionally approve, or deny the project, or instruct the applicant to make revisions to the design and resubmit it to the architecture and design review board for additional review. G. Notwithstanding the other provisions of this section, following design review by the architecture and design review board, the city planner may determine, in consultation with the commissioner for the planning office, that the city council review set forth in this section is not necessary because (i) there is no unresolved opposition to or concern about the project raised in the public hearing before the architecture and design review board and (ii) the project was approved by the architecture and design review board with no dissenting votes. (Ord. 654 23, 2004; Ord. 639 20 (part), 2003) 17.32.050 Number and size of accessory structures. There is no limitation on the number of accessory structures that may be allowed on a lot; provided, however, that each covered accessory structure shall not exceed one thousand square feet in floor area, except as otherwise set forth in Sections 17.52.020(C)(5) and (C)(6). (Ord. 654 25, 2004; Ord. 648 8, 2003; Ord. 639 20 (part), 2003) 17.32.060 Residential lot coverage. A. For purposes of this chapter, there are three types of residential lot coverage: Structural coverage, hardscape coverage, and softscape coverage. 1. Structural coverage consists of areas of the lot covered by a house, a garage, a carport, and any other accessory structure having more than one wall and a roof. These shall be measured to their exterior wall lines or exterior supporting columns, but shall not include porches, entries, porticos, balconies, and the like (if such porches, entries, porticos, balconies, and the like are roofed and open on at least two sides) and shall not include roof overhangs, if all these excluded items together do not exceed, in area, ten percent of the maximum permitted structural coverage. Struc- 385 (Hillsborough Supp. No. 12, 6-12)

17.32.060 tural coverage is often referred to as the "footprint" of the above-described structures on the lot. 2. Hardscape coverage consists of areas of the lot located beneath a roof or covered by manufactured, non-plant pervious or impervious materials but does not include anything included in structural coverage. 3. Softscape coverage consists of all lot coverage that is not structural coverage or hardscape coverage. Examples of softscape are planted areas, dirt, indigenous grasses and woodland, gravel, and mulch. B. The maximum surface area of a lot that may be covered by structural coverage is as follows: Lot Size (Net Lot Area) Maximum Area of Lot Permitted To Be Covered Up to 17,500 sq. ft. 22 sq. ft. for each 100 sq. ft. or portion thereof of net lot area 17,500 up to 21,780 sq. ft. 21,780 up to 32,670 sq. ft. 32,670 through 43,560 sq. ft. Over 43,560 sq. ft. 3,850 sq. ft. plus 15 sq. ft. for each 100 sq. ft. or portion thereof of net lot area in excess of 17,500 sq. ft. 4,495 sq. ft. plus 10 sq. ft. for each 100 sq. ft. or portion thereof of net lot area in excess of 21,780 sq. ft. 5,585 sq. ft. plus 6 sq. ft. for each 100 sq. ft. or portion thereof of net lot area in excess of 32,670 sq. ft. 6,239 sq. ft. plus 5 sq. ft. for each 100 sq. ft. or portion thereof of net lot area in excess of 43,560 sq. ft. any setback area adjacent to the street line, the combined total of structural plus hardscape coverage shall not exceed forty percent of such area. D. Softscape coverage is subject to the limitations set forth in Section 17.56.040. (Ord. 639 20 (part), 2003) (Ord. No. 692, 5, 9-13-2010) C. Subject to the provisions of paragraph B of this section, the combined total of structural plus hardscape coverage shall not exceed fifty percent of the net lot area; provided, however, that in (Hillsborough Supp. No. 12, 6-12) 386

17.36.010 Chapter 17.36 OFF-STREET PARKING REQUIREMENTS* Sections: I. Residential Parking 17.36.010 Garage required. 17.36.020 Minimum size of parking spaces; required back-up space. 17.36.030 Minimum number of parking spaces; locations of parking spaces. 17.36.035 Parking spaces for second units. II. Non-Residential Parking and Loading 17.36.040 Purpose. 17.36.050 Definitions. 17.36.060 Scope. 17.36.070 Driveways. 17.36.080 Lots and facilities Existing. 17.36.090 Lots and facilities Permissible. 17.36.100 Damage Destruction. 17.36.110 Joint parking lots. 17.36.120 Computation. 17.36.130 Stall dimensions. 17.36.140 Aisle dimensions. 17.36.150 Turning radii and turn-around requirements. 17.36.160 Handicapped parking. 17.36.170 Design Maintenance. 17.36.180 Floor area. 17.36.190 Schedules generally. 17.36.200 Bicycle parking facilities. 17.36.210 Compact car stalls permissible. 17.36.220 Other uses. 17.36.230 Off-street loading Location. 17.36.240 Off-street loading Size. 17.36.250 Off-street loading Access. 17.36.260 Off-street loading Surfacing. 17.36.270 Off-street loading Use for off-street parking requirement prohibited. * Prior history: Prior code 17.36.010 and Ord. 529. I. Residential Parking 17.36.010 Garage required. A. Every newly constructed or substantially enlarged dwelling shall include a garage that meets the definition of "garage" in Chapter 17.08 and the requirements of this Chapter 17.36. No existing garage shall be removed or converted to something other than a garage unless another garage, meeting the requirements of this chapter, is constructed to replace the existing garage. B. For purposes of this chapter, a "newly constructed dwelling" is one for which a building permit is issued for the construction of an entirely, or almost entirely, new dwelling. The preservation of a token amount of wall or similar structural part of an existing structure shall not prevent the construction from being deemed a "newly constructed dwelling." C. For purposes of this chapter, a "substantially enlarged dwelling" is one for which a building permit is issued for the construction of an addition which results in a net increase in floor area that is greater than fifty percent of the dwelling's existing floor area. D. If the construction does not constitute "a newly constructed dwelling" or a "substantially enlarged dwelling" but nonetheless includes the addition of one or more bedrooms and that addition brings to the total number of bedrooms to four or more, additional garage space(s) shall be provided, as necessary, to bring the dwelling into compliance with the minimum number of parking spaces set forth in Section 17.36.030. E. For purposes of this chapter, a bedroom is a private room designed for or capable of being used for sleeping, separated from other rooms by a door and accessible to a bathroom (which includes a bathtub or shower) without crossing another 386-1 (Hillsborough Supp. No. 12, 6-12)

17.36.010 room other than a hallway or open area. (Ord. 639 19, 2003) 17.36.020 Minimum size of parking spaces; required back-up space. Each garage parking space shall be at least ten feet wide and twenty feet long and have at least seven and a half feet vertical clearance. Each unenclosed park- (Hillsborough Supp. No. 12, 6-12) 386-2

17.52.020 Sections: Chapter 17.52 SECOND UNITS* 17.52.010 Definitions. 17.52.020 General provisions. 17.52.030 Nonconforming units. 17.52.040 Conversion of existing residential space. * Prior history: Prior Ords. 396 and 639, Former Ch. 17.64. 17.52.010 Definitions. The term "second unit" means a residential dwelling unit that provides complete independent living facilities for one or more persons and is located on the same lot as the single-family dwelling ("primary dwelling"). The second unit shall include permanent provisions for living, sleeping, eating, cooking, and sanitation. The term "attached second unit" means a second unit that is structurally attached to the primary dwelling but which has independent, direct access from the exterior. The term "detached second unit" means a second unit that is not structurally attached to the primary dwelling. (Ord. 648 11, 2003) 17.52.020 General provisions. A. This section is imposed pursuant to Section 65852.2 of the Government Code, relating to the creation of second units in single-family residential zones. B. This section allows a second unit to be (1) created within an existing dwelling; (2) created by converting an existing detached accessory structure (such as a freestanding cabana or pool house); (3) developed as a new detached accessory structure to an existing dwelling; or (4) developed in conjunction with construction of a dwelling, either as a detached or attached second unit. C. The creation of a second unit shall be approved if all of the following requirements are met: 1. The property owner has submitted to the town written acknowledgement that (i) the second unit may not be sold separately from the primary dwelling and (ii) either the second unit or the primary dwelling may be rented, but not both at the same time unless both are rented to the same party. This amendment shall apply retroactively to any acknowledgement submitted to the town, prior to the effective date hereof, in compliance with this section at the time of such submittal. 2. The lot is zoned for single-family dwellings. 3. The lot contains an existing single-family dwelling, or the second unit is part of the application for a building permit for the primary dwelling. 4. The increased floor area of an attached second unit shall not exceed thirty percent of the floor area of the primary dwelling excluding garages. 5. If a second unit is added to an existing accessory structure, the total floor area of the second unit portion of the accessory structure may be as much as the lesser of one thousand two hundred square feet or thirty percent of the floor area of the primary dwelling excluding garages, and the total floor area of the other (i.e., nonsecond unit) portion of the accessory structure may be as much as one thousand square feet; provided, however, that in all events the entire accessory structure (both the second unit and the non-second unit portions) shall comply with the floor area ratio and lot coverage provisions set forth in Chapter 17.32. 6. The total floor area of a detached second unit shall not exceed one thousand two hundred square feet. 7. Subject only to the more specific provisions of this chapter, second units shall meet all the requirements of Titles 15 and 17 applicable to dwellings, including, but not limited to, requirements relating to height, setback, lot coverage, FAR, and architectural review. D. A second unit conforming to the requirements of this chapter shall not be considered to exceed the allowable density for the lot upon which 397 (Hillsborough Supp. No. 11, 9-10)

17.52.020 the unit is located and shall be deemed to be a residential use consistent with the existing general plan and zoning designations for the lot. E. A second unit, whether attached or detached, may have its own (separate) utility connections and meters or may be supplied from the utility connections and meters of the primary dwelling. F. The renting of either the primary dwelling or the second unit shall not be considered a business and shall not be subject to the provisions of Chapter 5.04. G. A notice (prepared by the town) shall be recorded by the property owner to notify future owners of the requirements set forth in subsection (C)(1) of this section. (Ord. 654 24, 2004; Ord. 652 7, 2003; Ord. 648 11, 2003) (Ord. No. 688, 2, 6-14-2010) 17.52.030 Nonconforming units. A. All detached domestic units existing as of January 10,1983, are nonconforming structures. (The term "detached domestic units" means living quarters designed, capable of being used, or intended to be used to house household help, such quarters being not structurally attached to the single-family dwelling served by the household help.) All alterations to or remodeling of nonconforming detached domestic units shall be confined to the interior of such structures; exterior improvements shall be limited to normal upkeep and repair and to such improvements as do not enlarge or alter the existing outside dimensions of the structure. B. Notwithstanding the foregoing, in the event that a natural disaster (such as fire, earthquake, flood, landslide, etc.) damages or destroys a nonconforming detached domestic unit, the same may be reconstructed to the same or smaller outside dimensions as those of the damaged or destroyed structure. C. Notwithstanding the foregoing, an existing detached domestic that is converted to a second unit may be enlarged to a maximum floor area of one thousand two hundred square feet subject (Hillsborough Supp. No. 11, 9-10) 398 to requirements relating to height, setback, lot coverage, FAR, and architectural review. (Ord. 648 11, 2003) 17.52.040 Conversion of existing residential space. Recognizing that there may be a considerable existing stock of potential second units in the town and that this stock represents a valuable housing resource for the community, the town wishes to encourage property owners to take advantage of this second unit ordinance. Accordingly, any property owner may apply to the town without penalty or fee for the purpose of converting existing residential space (such as guest suites, guest quarters, pool houses, carriage houses, domestic quarters, etc.) into a second unit in accordance with the provisions and requirements of this chapter. (Ord. 648 11, 2003) (Ord. No. 688, 3, 6-14-2010)

17.56.030 Sections: Chapter 17.56 LANDSCAPING* 17.56.010 Purpose. 17.56.020 Definitions. 17.56.030 Landscaping Required. 17.56.040 Water conservation. 17.56.050 Landscaping projects subject to review and permitting. 17.56.060 Design review. 17.56.070 Permit(s) for landscaping. 17.56.080 Security. 17.56.090 Deadline for completion of landscaping. 17.56.100 Application of chapter. * Prior history: Prior Ords. 378, 517 and 618. Formerly Ch. 15.52 and 17.72. 17.56.010 Purpose. A. The general purpose of this chapter is to promote the public health, safety, and welfare by facilitating the proper and timely landscaping of all properties in keeping with the character of the town and by insuring that substantial changes in existing landscaping are appropriate to the needs and standards of the community. B. Additional, specific purposes of this chapter are (i) to reduce fire hazards caused by uncleared wild grasses, undergrowth, and dead growth, (ii) to mitigate erosion and storm water run-off, and (iii) to encourage efficient water use through proper landscape design and appropriate plant selection for the local climate. (However, nothing in this chapter shall be deemed to mean that property developed in accordance with the provisions of this chapter is entitled to water in excess of that allocated for such property during periods of water rationing.) (Ord. 639 26 (part), 2003) 17.56.020 Definitions. For the purpose of this chapter: "Landscaping" means any one or combination of the following: 1. Installing or planting trees, shrubs, grass, or ornamental or other vegetation; 2. Installing or constructing decks, fences, walls, arbors, lighting fixtures, statuary, fountains, ponds, or other ornamental structures; 3. Arranging the land and the elements thereon by grading (which includes, but is not limited to, moving, altering, scarifying, excavating, digging, leveling, filling, tunneling, or scraping the natural topography); 4. Removing any tree (which includes, but is not limited to, major surgery to the trunk or major limbs of the tree); 5. Demolishing any swimming pool; 6. Altering or potentially altering drainage or creating or potentially creating a soil erosion problem. "Landscaped" means having had landscaping installed. The foregoing notwithstanding, nothing in these definitions shall be deemed to preclude leaving the land in its natural state (if kept clear of dead vegetation) so long as that is consistent with the purposes set forth in Section 17.56.010. (Ord. 639 26 (part), 2003) 17.56.030 Landscaping Required. All developed property shall be landscaped. In the event that all or part of a lot has never been graded or planted, that portion of the lot may be retained in its natural state, if appropriately maintained. Appropriate maintenance of the natural state shall include, but not necessarily be limited to, removing dead, dying, or other hazardous trees or other vegetation, and otherwise pruning, thinning, and maintaining the natural vegetation to ensure fire safety and to ensure compliance otherwise with the purposes of this chapter. (Ord. 639 26 (part), 2003) 399 (Hillsborough Supp. No. 12, 6-12)

17.56.040 17.56.040 Water conservation. Landscaping shall comply with the town's water conservation landscaping requirements as outlined in Chapter 15.29 of the Hillsborough Municipal Code. (Ord. 640 5 (part), 2003; Ord. 639 26 (part), 2003) (Ord. No. 689, 4, 6-14-2010) 17.56.050 Landscaping projects subject to review and permitting. Landscaping projects subject to the review and permit procedures of this chapter are the following: A. Removing a tree that has a trunk (or multiple trunks) with a total diameter of thirty-six inches or more measured at four feet, six inches above natural grade. (Such tree removal shall also comply with Title 14.) B. Adding or moving fifty cubic yards or more of dirt or soil. C. Rehabilitating more than ten thousand square feet of landscaped area. D. Installing landscaping for a residence being newly constructed (either on a previously unimproved lot or on a lot whose previous residence has been torn down). E. Landscaping (other than as described in subsections A through D of this section) whose fair market value is (i) twenty thousand dollars or more in the case of landscaping described in Section 17.56.020, or (ii) five thousand dollars or more in the case of landscaping (i.e., tree removal) described in Section 17.56.020; provided, however, that if Section 14.04.040(D) (regarding urgent tree removal) is applicable, that section and not this subsection shall apply. (Ord. 683 11, 2008: Ord. 654 26, 2004; Ord. 640 5 (part), 2003; Ord. 644 1, 2003; Ord. 639 26 (part), 2003) 17.56.060 Design review. A. Landscaping projects listed in Section 17.56.050 shall require design review approval as set forth in Section 2.12.070. (Landscaping projects listed in Section 17.56.050 require type B (Hillsborough Supp. No. 12, 6-12) 400 design review per Section 2.12.070(A)(2)(c)(viii). Landscaping projects not listed in Section 17.56.050 are not subject to design review at all, per Section 2.12.070(B)(1)(e). B. The applicant shall obtain design review approval of the landscaping plan prior to the issuance of any building permit for the construction, reconstruction, or remodel of any structure being built in connection with the installation of the landscaping. (Ord. 639 26 (part), 2003) 17.56.070 Permit(s) for landscaping. After securing design review approval as set forth in Section 17.56.060, the applicant shall file a written application with the building department to obtain the appropriate permit(s) required for the installation of the landscaping. (Depending on the design of the landscaping, such permits can include building, plumbing, electrical, encroachment, etc.) The application for permit(s) shall be filed on a standard form prepared for that purpose, together with the application fee as set forth from time to time by resolution of the city council. If Section 17.56.040 is applicable to the landscaping plan, the application for permit(s) shall also include an irrigation system plan that provides for efficient use of irrigation by grouping high water use plants together. Approved landscape permits associated with construction projects subject to a building permit are required prior to the granting of a final approval on a construction permit. (Ord. 639 26(part), 2003) (Ord. No. 692, 6, 9-13-2010) 17.56.080 Security. The building department may require that the applicant post a bond or other security satisfactory to the building department prior to the issuance of the permit(s) for landscaping. The amount of the bond or other security shall be set by the building department in an amount sufficient to guarantee completion of the approved landscaping by the applicable deadline set forth in Section 17.56.090. (Ord. 639 26 (part), 2003)

17.56.100 17.56.090 Deadline for completion of landscaping. A. Landscaping installed in connection with the construction of a new residence shall be completed within six months after the date of issuance of the certificate of occupancy for the residence pursuant to Title 15 of this Code. B. For landscaping approved by the architecture and design review board in connection with a construction project approved by the architecture and design review board for an addition to, remodeling of, and/or any other reconstruction of an existing residence, the applicant shall obtain final inspection of the landscaping prior to final inspection of the construction project. C. In all events and notwithstanding any other provision in paragraph A or B of this section, for construction described in paragraph A or B of this section, the applicant shall obtain a final inspection of the landscaping within one year of the sheet rock nailing inspection of the construction project. (Ord. 640 5 (part), 2003; Ord. 639 26 (part), 2003) 17.56.100 Application of chapter. Chapter 17.56 shall apply to all single-family dwellings (as described in Section 17.16.010(A)(1)). Except for Sections 17.56.040 and 17.56.090, Chapter 17.56 shall also apply to all country clubs (as described in Section 17.16.010(A)(2)), all private schools (as described in Section 17.16.010(B)(2)), and the racquet club (as described in 17.16.010(E)(1)); provided, however, that as to country clubs, private schools, and the racquet club, paragraph D of Section 17.56.050 shall apply only to single-family dwellings, if any, located on the premises of country clubs, private schools, or the racquet club. (Ord. 640 5 (part), 2003) 401 (Hillsborough Supp. No. 12, 6-12)

Chapter 17.60 DENSITY BONUSES AND OTHER CONCESSIONS OR INCENTIVES Sections: 17.60.010 Purpose. 17.60.020 When applicable. 17.60.030 Preliminary procedure. 17.60.040 Integration with subdivision approval process. 17.60.010 Purpose. The purpose of this chapter is to provide incentives for the production of housing for lower income households (which, as set forth in California Health and Safety Code Section 50079.5(b), includes very low and extremely low income households) and senior households in accordance with Sections 65915 through 65917 of the California Government Code. Section 65915 directs the town to provide density bonuses and/or other concessions or incentives under certain circumstances, as set forth in Section 65915 et seq., in order to encourage the construction of low income housing. (Density bonuses essentially allow more units per acre than would otherwise be permitted. Other concessions or incentives, for example, could include the reduction or waiver of permit fees and/or utility fees and/or the provision of financial assistance in constructing public improvements.) Section 65915 also directs the town to adopt an ordinance specifying how the town will comply with these provisions. (Ord. 648 12, 2003) 17.60.020 When applicable. The town may grant a density bonus for projects meeting the requirements of California Government Code Section 65915. (Ord. 648 12, 2003) (Ord. No. 688, 4, 6-14-2010) 17.60.030 Preliminary procedure. A. Any person wishing to apply for a density bonus and/or other incentives or concessions under Government Code Section 65915 (hereinafter "applicant") shall make a preliminary application in writing to the director of building and planning. The application shall identify what specific measures (e.g. modifications to standards, density bonus, or fee subsidies) the applicant is requesting. B. The applicant shall provide all information available to the applicant that is necessary to determine if the proposed development comes within the provisions of Section 65915. C. The building and planning director shall provide to the applicant a letter identifying project issues of concern, the financial assistance that may be available, and the procedures for compliance with this chapter. (Ord. 648 12, 2003) (Ord. No. 688, 4, 6-14-2010) 17.60.040 Integration with subdivision approval process. A. The applicant shall submit to the director of building and planning a final application including the following: 1. A legal description of the site proposed for development; 2. A statement of present ownership; 3. A letter signed by the property owner stating what incentives, if any, are being requested from the town; 4. A detailed vicinity map; 5. Site plans designating the total number of units proposed on the site, including the number of density bonus units, and any other supporting plans requested by the city planner; 6. In the case of a request for any incentive(s), a pro forma for the proposed project to justify the request; and 7. Any other materials deemed necessary by the city planner in order for the city council to make a decision on the application. B. The director of building and planning shall process the application in conjunction with the related environmental assessment, if any, and the subdivision map application, which shall be processed by the city engineer according to the provi- (Hillsborough Supp. No. 12, 6-12) 402

17.60.040 sions of Title 16 of this Code. Both applications shall be scheduled for consideration by the city council at the same meeting. C. The city council shall evaluate the application based on the following criteria: 1. The potential for the density bonus project to achieve the town's affordable housing goals as set forth in the housing element of the general plan; 2. The extent to which requested incentives or concessions are necessary to make the project economically feasible; 3. The compatibility of the project's development pattern with other land uses in the vicinity; and, 4. The project's compliance with the town's general plan, zoning, and development policies. D. The city council shall grant the incentives or concessions unless the city council makes a written finding pursuant to Section 65915(d)(1). E. A density bonus housing agreement shall be made a condition of the discretionary permits (e.g. tentative maps, parcel maps, development permits) for all housing developments for which a density bonus and/or additional incentives have been approved. The agreement shall be filed and recorded as a deed restriction on the property. The town shall provide periodic monitoring of compliance with the provisions of the deed restriction. (Ord. 648 12, 2003) (Ord. No. 688, 4, 6-14-2010) 403 (Hillsborough Supp. No. 11, 9-10)