Chapter 17.04 — GENERAL PROVISIONS

Footnotes: --- ( 1 ) ---

Editor's note— Ord. No. 792, § 2(Exh. A), adopted January 8, 2024, repealed Ch. 17.04, §§ 17.04.010—17.04.080, and enacted a new Ch. 17.04 as set out herein and as may later be amended. Former Ch. 17.04 pertained to similar subject matter and derived from Ord. 639, adopted 2003; Ord. 648, adopted 2003; and Ord. 683, adopted 2008.

The purpose of this chapter is to establish the zoning districts of the town. This zoning ordinance is adopted to protect and promote the public health, safety, comfort, convenience, prosperity, and general welfare of residents in the town. Additional purposes of this zoning ordinance are to:

• A. Implement the goals, objectives, policies, and programs of the general plan and to manage future growth and development in accordance with that plan.

• B. Conserve and protect the natural resources, natural beauty, and significant environmental amenities of the town.

• C. Promote adequate light, air, privacy, and open space for each dwelling.

D. Retain the scale and character of existing residential neighborhoods.

(Ord. No. 792, § 2(Exh. A), 1-8-2024)

This title shall be known as the "Hillsborough Zoning Ordinance."

(Ord. No. 792, § 2(Exh. A), 1-8-2024)

The town shall adopt a map, known as the zoning map, delineating the boundaries of each district within the town. All development and use of lands within the town's jurisdiction shall comply with this chapter, based on the zoning district classification specified on the zoning map. A copy of the zoning map shall be kept on file with the city clerk.

(Ord. No. 792, § 2(Exh. A), 1-8-2024)

Chapter 17.08 - DEFINITIONS*

"Accessory structure" means any detached structure incidental to the principal dwelling. A structure shall be considered detached when it is not connected to the principal dwelling by structural members of any kind.

(Ord. 639 § 9 (part), 2003)

"Boarding house" means the use of any residential building, or of any portion of a residential building, where two or more bedrooms are rented separately from the rest of the house for a period of 30 or more days in exchange for compensation. A boarding house is a type of transitory lodging. It does not include a limited long-term room rental. (See Section 17.08.115.)

(Ord. No. 761, § 10, 1-13-2020)

"Building" means any structure having a roof supported by columns or walls and designed for the shelter or enclosure of persons or property.

(Ord. 639 § 9 (part), 2003)

17.08.040 - Country club.

"Country club" means a club, whose facilities include a regulation eighteen hole golf course.

(Ord. 639 § 9 (part), 2003)

"Domicile" means the legal residence and permanent home of an individual or family. A domicile is not lodging, which is only a temporary residence. (See "Lodging or lodgings.") A dwelling unit that is rented by a person on a month-to-month, or longer, basis is presumed to be the renter's domicile if the renter has no other legal residence or permanent home. Indicia of legal residency include, but are not limited to, evidence that the resident uses the street address for government identification purposes, such as a driver's license, and for tax-filing purposes.

(Ord. No. 761, § 10, 1-13-2020)

"Dwelling" includes the words "residence," "single-family residence", and "single-family dwelling," and means any building (including all attached structures) containing but one kitchen (and possibly an additional kitchen for the exclusive use of household help) designed and used to house not more than one family, including all necessary household help for the family.

(Ord. 639 § 9 (part), 2003)

"Family" means a single housekeeping unit, which is the use of a dwelling unit by its residents where the use has the following characteristics:

1. The residents have established ties and familiarity and interact with each other.

2. Membership in the single housekeeping unit is fairly stable as opposed to transient or temporary.

3. Residents share meals, household activities, expenses, and responsibilities.

4. All adult residents have chosen to jointly occupy the entire premises of the dwelling unit, and they each have access to all common areas.

5. If the dwelling unit is rented, all adult residents are named on and party to a single written lease that gives them each joint use and responsibility for the premises.

6. Membership of the household is determined by the residents, not by a landlord, property manager, or other third party.

7. The residential activities of the household are conducted on a nonprofit basis.

8. Residents do not have separate entrances nor do they have separate food-storage facilities, such as separate refrigerators or food-prep areas.

(Ord. No. 761, § 10, 1-13-2020)

17.08.080 - FAR.

"FAR" is defined in Section 17.32.030(B).

(Ord. 639 § 9 (part), 2003)

17.08.090 - Frontage.

"Frontage" is defined in Section 1.04.010.

(Ord. 639 § 9 (part), 2003)

17.08.100 - Garage.

"Garage" means a fully enclosed building, or part thereof, used or designed to be used for the parking and storage of vehicles.

(Ord. 639 § 9 (part), 2003)

17.08.110 - Gazebo.

"Gazebo" means a freestanding, roofed structure usually open on the sides.

(Ord. 639 § 9 (part), 2003)

17.08.115 - Limited long-term room rental.

"Limited long-term room rental" means the long-term rental of a single room in a resident's domicile. "Long-term" here means for a duration of at least thirty days. A limited long-term room rental does not constitute a boarding house or other any other transitory lodging. (See Sections 17.08.020 and 17.16.010.A.1.)

(Ord. No. 761, § 10, 1-13-2020)

17.08.118 - Lodging or lodgings.

"Lodging" or "lodgings" means a temporary residence or place to live, which includes sleeping

accommodations. Lodging is not a domicile because the former is a temporary residence and the latter is a permanent one. (See Section 17.08.060.)

(Ord. No. 761, § 10, 1-13-2020)

17.08.120 - Lot.

"Lot" means a single parcel of land, public or private, that is described by metes and bounds or by reference to a recorded plat or map.

(Ord. 639 § 9 (part), 2003)

17.08.130 - Lot coverage.

"Lot coverage" means structural coverage, hardscape coverage, and softscape coverage as set forth in Section 17.32.060.

(Ord. 639 § 9 (part), 2003)

"Lot line" means the established division line between lots.

(Ord. 639 § 9 (part), 2003)

17.08.150 - Net lot area.

"Net lot area" means the gross lot area less the area occupied by any public right-of-way or private easement for driveway purposes.

(Ord. 639 § 9 (part), 2003)

"Non-school event" is defined in Section 17.16.030(N).

(Ord. 639 § 9 (part), 2003)

"Pergola" means a structure usually consisting of parallel colonnades supporting an open roof of girders and cross rafters.

(Ord. 639 § 9 (part), 2003)

"Premises" means land and any improvements thereon.

(Ord. 639 § 9 (part), 2003)

"Private school" means any building or group of buildings the use of which meets state requirements for elementary, secondary, or higher education and which is not operated by a public school district or other public agency. When the context so indicates, "private school" also means the business entity that operates the private school institution.

(Ord. 639 § 9 (part), 2003)

"Residence" is defined under "dwelling."

(Ord. 639 § 9 (part), 2003)

"Retaining wall" means a freestanding wall that holds back a bank of earth; provided, however, that a foundation or footing supporting a building shall not be deemed a retaining wall.

(Ord. 639 § 9 (part), 2003)

"Right-of-way" means a strip of land acquired by reservation, dedication, prescription, condemnation, or easement that allows for the passage of people and goods. Right-of-way includes, but is not necessarily limited to, streets, curbs, gutters, and parking strips.

(Ord. 639 § 9 (part), 2003)

"Second unit" is defined in Section 17.52.010.

(Ord. 648 § 6 (part), 2003)

17.08.230 - Setback area.

"Setback area" means that area described in Section 17.24.020.

(Ord. 639 § 9 (part), 2003)

"Setback line" means the parallel line described in Section 17.24.020 (i.e., the setback area boundary line that is opposite the street line or the lot line boundary of the setback area).

(Ord. 639 § 9 (part), 2003)

"Short-term rental" means the use of any residential building, or of any portion of a residential building, to provide lodging for fewer than thirty days in exchange for compensation. A short-term rental is a type of transitory lodging.

(Ord. No. 761, § 10, 1-13-2020)

"Street" is defined in Section 1.04.010(K).

(Ord. 639 § 9 (part), 2003)

"Street line" means either (i) the property line abutting a dedicated right-of-way, where the right-of-way has been dedicated in fee to the town, or (ii) the line between an easement for a dedicated right-of-way and the remainder of the private property unencumbered by the easement, where the town has only an easement for right-of-way purposes and not a fee interest in the right-of-way. These concepts are illustrated in the following diagrams (which are for illustrative purposes only and shall not be deemed part of the Hillsborough Municipal Code:

==> picture [364 x 240] intentionally omitted <==

Example where the "street" is a dedicated right-of-way.

Street line (ii):

==> picture [388 x 240] intentionally omitted <==

Example where the "street" is an easement for right-of-way purposes, rather than a dedicated right-ofway.

(Ord. 639 § 9 (part), 2003)

"Structure" means anything constructed or erected that requires location on the ground or attached to something having location on the ground, but not including outdoor fixtures, as defined in Chapter 12.12, and not including hardscape, as defined in Section 17.32.060. Examples of a structure include, but are not

necessarily limited to, any dwelling, building, second unit, garage, carport, tool house, guest house, green house, pool house, satellite dish antenna, solar collector panel, tree house or other play structure, swimming pool, tennis court, play court, and deck.

(Ord. 648 § 6 (part), 2003; Ord. 639 § 9 (part), 2003)

17.08.280 - Total covered floor area.

"Total covered floor area" is defined in Section 17.32.020(A).

(Ord. 639 § 9 (part), 2003)

17.08.285 - Transitory lodging.

"Transitory lodging" means a short-term rental or boarding house.

(Ord. No. 761, § 10, 1-13-2020)

"Trellis" means a frame of latticework used as a screen or support for climbing plants; a construction (as

a summerhouse) chiefly of latticework.

(Ord. 639 § 9 (part), 2003)

Chapter 17.12 - ZONING DISTRICTS

Footnotes: --- ( 2 ) ---

Editor's note— Ord. No. 792, § 2(Exh. A), adopted January 8, 2024, repealed Ch. 17.12, §§ 17.12.010, and enacted a new Ch. 17.12 as set out herein and as may later be amended. Former Ch. 17.12 pertained to the residence district and derived from Ord. 639, adopted 2003.

The following zoning districts are established:

1. Traditional residential (RD-1).

2. Mixed residential district (RD-2).

3. Governmental and residential mixed use (RD-3).

• (Ord. No. 792, § 2(Exh. A), 1-8-2024)

Chapter 17.16 - USES PERMITTED

• A. Purpose. The purpose of this chapter is to establish the allowed principal permitted uses and uses permitted with a special permit in each zoning district, including how they are regulated.

Subject to all other applicable provisions of this code and other law, the following uses are all of the uses that are permitted within each district:

1. Traditional Residential (RD-1). The traditional residential district (previously known as "RD") allows for the development of single-family dwellings in a manner that is consistent with the existing character of the community and subject to all existing development standards. The maximum allowed density is one single-family dwelling per one-half acre, exclusive of accessory dwelling units.

2. Mixed Residential (RD-2). The mixed residential district is established to accommodate the development of townhomes and multifamily buildings on certain town-owned land. The minimum allowed density is twenty units per acre.

3. Governmental and Residential Mixed Use (RD-3). The governmental and residential mixed-use district is established to accommodate the development of town facilities as well as limited residential units on certain town-owned land. A maximum of sixteen dwelling units may be accommodated on the land zoned in this district.

• B. Allowed Uses. A "P" in the table below indicates that a use is permitted in the district. An "S" in the table below indicates that a use is permitted with a special permit only. A blank space in the table below indicates that a use is prohibited in the district.

1. Supplemental Use Standards.

   • a. Single-family Dwelling. A limited long-term room rental shall be deemed part of the

permitted use as a single-family dwelling. (See Section 17.08.115).

• b. Accessory Structures. Accessory tennis courts or play courts shall not be lit.

• c. Country Club.

  • i. Country club shall include all social and commercial activities normally conducted within a country club.

  • ii. Multifamily rental housing on the country club site for use and occupancy by employees of the country club is permitted.

• d. Private School. Private schools and all structures and playgrounds incident thereto shall require a current and valid permit as detailed in Section 17.16.030 of this chapter.

• e. Emergency Shelter. Emergency shelters, as defined in California Health and Safety Code Section 50801(e), are allowed by right within RD-2 and RD-3 zoning districts, subject to the following objective standards, as allowed by Government Code Section 65583 (a)(4)(A):

  • i. Up to three beds shall be permitted on the premises. No more than three clients shall be permitted on the premises at any time.

  • ii. On-site parking shall be provided to accommodate all staff working in the emergency shelter at any given time.

  • iii. All waiting and client in-take areas shall be entirely within the building enclosing the emergency shelter.

  • iv. On-site management of the operation shall be present at all times that the facility is in operation. 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.

  • v. Emergency shelter facilities are required to be not more than three hundred feet from any other emergency shelter, as measured from the property line.

  • vi. Clients are limited to stays for no more than thirty days, unless a longer time period is required by state law.

  • 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 sixty watts.

  • viii. No exterior signage associated with the facility is permitted except as outlined in Chapter 17.48 of this 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. The facility shall comply with all health and safety requirements of the county, state and federal governments. 
    

    • f. Home Business. Home businesses shall require a current and valid permit as detailed in Section 17.16.015 of this chapter.

    • g. Commercial Film Production. Commercial film production shall require a current and valid film production permit as detailed in Section 17.16.012 of this chapter.

    • h. Fundraising Event. A fundraising event shall require a permit as detailed in Chapter 5.16 of this code.

• i. Family Day Care Home. Family day care home for children in a single-family residence, to the extent mandated by California Health and Safety Code Section 1596.70 et seq. Any family day care home for children shall comply with Section 17.16.040 of this chapter. Such facilities shall meet all requirements of this code applicable to residential uses in the town, including but not limited to parking, spacing, setbacks, and traffic and noise control.

  - j. Residential Care Facility. 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 this code, including but not limited to parking, relating to single-family residences. 
  
  - k. Transitional and Supportive Housing. 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 Hillsborough Municipal Code, including but not limited to parking, relating to single-family residences. 
  

• C. 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; Ord. No. 713, § 3, 4-7-2014; Ord. No. 761, § 11, 1-13-2020; Ord. No. 776, § 2, 1213-2021; Ord. No. 792, § 2(Exh. A), 1-8-2024)

17.16.012 - Film production.

• A. Commercial film production shall be permitted, subject to securing a commercial filming permit pursuant to this section.

• B. An application for a commercial filming permit shall be submitted to the planning office at least three full business days in advance of the proposed activity; provided, however, that the town shall not be obligated to issue the permit at the end of such three day period, even if the requirements for a permit are met, if the city planner deems the provisions of paragraph E below are applicable.

• C. The application shall be submitted on the prescribed form, with the prescribed attachments, including, but not limited to, a certificate of general liability insurance in the minimum coverage amounts of one million dollars per occurrence and two million dollars aggregate (or such greater amounts as deemed necessary by the planning office), together with the application fee as set from time to time by resolution of the city council.

n the prescribed form, with the prescribed attachments, including, but not limited to, a certificate of general liability insurance in the minimum coverage amounts of one million dollars per occurrence and two million dollars aggregate (or such greater amounts as deemed necessary by the planning office), together with the application fee as set from time to time by resolution of the city council.

• D. If the proposed activity is consistent with the public health, safety, and welfare in the judgment of the city planner (in consultation with the police, fire, and/or public works departments where necessary) and if the applicant demonstrates that the proposed activity will comply with the following requirements, the commercial filming permit shall be issued, subject, however, to the provisions of subsection (E) where applicable:

  1. There shall be little or no indication, off of the site, that commercial filming is occurring.

  2. There shall be no indication in the credits or elsewhere in the film (or other related photography) of the location of the filming, including, but not limited to, references to Hillsborough or shots of the street address.

  3. All vehicles associated with the production shall be parked off the public right-of-way, either on private property or in parking lots approved by the planning office and located outside of town. Unless specifically authorized by the permit, no vehicle having more than two axles shall be used in delivering equipment to the site.

  4. Any chase scenes, stunts, pyrotechnics, or special effects shall not be discernible (by sight, sound, smell, vibration, or otherwise) from off of the site.

  5. All commercial filming activity shall comply with the town's noise ordinance and all other applicable law.

  6. The owner of the property on which the commercial filming will be done shall notify the adjacent neighbors of the pending filming in advance and in writing.

• E. The planning office may in its discretion (if the expected duration of the filming or the extent of the filming taking place outdoors or the celebrity status of the individuals involved or any other similar circumstance makes it advisable that the council and residents be aware of the proposed

activity, or if the applicant seeks an exception to any of the requirements in subsections D(1)—(6) of this section) require public notice and/or consideration by the city council prior to issuance of the permit. (Ord. 639 § 12, 2003)

17.16.015 - Home businesses.

• A. A home business is one that is conducted from a resident's dwelling in the town and provides goods or services for compensation, including, but not limited to, the services performed by sales representatives; provided, however, that a home business does not include activities conducted in the resident's dwelling that are merely incidental to a business that is conducted outside of the town.

• B. Home businesses shall be allowed upon issuance of a home business permit by the town when that use conforms to all of the following standards:

  1. The use is clearly incidental and secondary to the use of the dwelling for dwelling purposes;

2. The use is conducted entirely within the dwelling, and there is no ongoing external evidence of business activity;

   3. The use does not change the character of the dwelling or adversely affect the basic character of the residence district as described in Section 17.16.020 or adversely affect the other uses permitted in the residence district;

   4. There are no signs or structures anywhere on the premises (as defined below) or otherwise in town which advertise, identify, or otherwise relate to the home business;

   5. The home business does not cause pedestrian or vehicular traffic or the parking of vehicles either on the real property on which the dwelling is located (the "premises") or on public or private streets or sidewalks adjacent to the premises in numbers or volumes which exceed that which is usual in the town at comparable dwellings where there is no home business;

   6. The entrance to the space devoted to the home business use is from within the dwelling and no internal or external alterations or construction features not customary in dwellings are installed or used because of, in connection with, or to facilitate the home business use of the dwelling;

   7. Any vehicle having any commercial marking related to the home business shall comply with the requirements of Chapter 10.56 for vehicles on private property and furthermore shall not be parked on any street, highway, parking strip, or other right-of-way in the town;

The home business does not result in the emission from the dwelling of (1) radiation which results in interference with the reception or transmission of radio, television, or telephone signals or signals of any other similar device used by residents in their dwellings, (2) noise, (3) dust, (4) smoke, (5) odor, (6) fumes, or (7) any other substance that poses a risk to the health or well-being of any resident of the town;

  9. The home business complies with all applicable federal, state, and local law and regulation. 

  10. The home business is not a commercial cannabis use, as defined in Section 17.65.010, and does not otherwise involve any commercial cannabis activity including but not limited to, the sale of cannabis, the operation of a cannabis delivery service or the storage of cannabis in excess of those amounts permitted for personal use pursuant to Health and Safety Code Section 11362.1 et seq. 

• C. It shall be the responsibility of any resident conducting a home business to file an application for a home business permit with the finance department on the application form provided, together with the annual permit fee in such amount as shall be set from time to time by resolution of the city council. (The annual permit fee shall not be refundable nor shall it be prorated.) Such permit shall be valid for up to twelve months and shall be renewed annually by June 30 of each year.

• D. The following shall be deemed prima facie evidence of the conducting of a home business in the town:

  1. Use of a Hillsborough street address on printed material in connection with the home business and similar uses of the address;

2. The issuance of a license or permit by a governmental agency other than the town indicating that a business is located in the town;

   3. Storage of commercial quantities of merchandise or material on the premises or storage on the premises of items that are commercial in nature and not related to the use of the dwelling as a single-family residence.

   • E. The violation of any provision of this section shall be an infraction, punishable as set forth in Chapter 1.08 of this code, which sets forth the schedule of fines for infractions.

   • F. In addition to any other consequence(s), including, but not necessarily limited to, that set forth in subsection E of this section, the violation of any provision of this section shall be grounds for immediate revocation of the home business permit.

• (Ord. 639 § 13, 2003: Ord 613 §§ 3, 4, 2000; Ord 591 § 2, 1999)

• (Ord. No. 746, § 6, 11-13-2017)

17.16.020 - Use for the purpose of single-family dwelling—Defined.

• A. Intent. It is the intent of this section to insure the preservation of the basic character of the residence district for residential purposes. Residential purposes include the use of the home for food and shelter and as a social institution for the private, religious, educational, cultural, and recreational advantages of the family. Commercial activity, even merely incidental to the use of residential property, or any semblance of such commercial activity, adversely affects the residential character of the residence district and is therefore inconsistent with the preservation of such character.

• B. Rule. Use of real property and improvements thereon for single-family dwellings, as set forth in subsection A of Section 17.16.010, shall be limited to use for residential purposes exclusively and not for commercial purposes, incidental or otherwise, of any kind, including any semblance of commercial activity; provided, however, that nothing in this section shall be deemed to limit the otherwise lawful use of the telephone or the U.S. or private mail. This rule shall not affect the qualification of uses under subsections B through J of Section 17.16.010.

• C. Business Address. Use of the Hillsborough street address of a single-family dwelling in the town in conjunction with the name of any commercial or business entity, organization or operation ("enterprise") is allowed only when a valid home business permit under Section 17.16.015 is in effect for such enterprise and one or more of the following circumstances exist:

  1. The street address of the enterprise is required on a governmental form. (Examples: fictitious business name statements, state or federal license applications, state or federal registrations, state or federal banking forms)

2. The address will appear on items (stationery, business cards, checks, invoices, labels and similar documents) which remain under the physical control of the enterprise and the individual use of which is initiated each time by the enterprise (as distinguished from listings in telephone books, advertising, websites, etc., each single use of which is not initiated by and is not under the physical control of the enterprise).

Any other use of the Hillsborough street address of a single-family dwelling in the town in conjunction with the name of any commercial or business entity, organization or operation is prohibited.

• D. Uses for Commercial Purposes.

  1. For purposes of the rule set forth in subsection B of this section, "uses for commercial purposes" are all those uses which are deleterious to the purposes underlying the establishment of an exclusively residential zone.

  2. The following are examples of activities that are "uses for commercial purposes":

     • a. Parties for commercial purposes pursuant to subsection E of this section;

     • b. Use of the street address of a residence in town except as permitted under subsection C of this section;

     • c. Home businesses, as described in Section 17.16.015, for which a valid home business permit is not in effect;

     • d. Activities (which are profit-making or are intended to be profit-making) conducted by a resident in his or her own home that include causing or arranging for (in return for compensation) pickup or delivery of merchandise, products, or services within the town and for which activities a valid home business permit is not in effect;

     • e. Activities (which are profit-making or are intended to be profit-making) conducted by a resident in his or her own home that include the presence in the home of any person (employee or otherwise) whose sole or primary purpose is to participate in or assist with the activities and for which activities a valid home business permit is not in effect;

     • f. Activities (which are profit-making or are intended to be profit-making) conducted by a resident in his or her own home that cause customers, prospective customers, or other business visitors to come to the resident's home and for which activities a valid home business permit is not in effect;

     • g. Activities (which are profit-making or are intended to be profit-making) conducted by a resident in his or her own home that involve the use of the resident's home address in connection with a business or commercial name or use of the resident's home address on any website and for which activities a valid home business permit is not in effect;

     • h. Activities (which are profit-making or are intended to be profit-making) conducted by a resident in his or her own home which activities are covered by a valid and current resale license issued by the state of California and for which activities a valid home business permit is not in effect; and

     • i. Transitory lodgings and advertisement of transitory lodgings.

  3. The following are examples of activities that do not constitute "uses for commercial purposes":

• a. Activities for which a current and valid home business permit has been issued under Section 17.16.015;

  - b. Household services provided to residents of the town by live-in household help; 
  
  - c. Activities (which are profit-making or are intended to be profit-making) conducted by a resident in his or her own home using only the telephone and/or U.S. or private mail service and which do not include any of the underlined activities, listed in subsections (D) (2)(d) through (D)(2)(h) of this section. 
  

• E. Parties for Commercial Purposes. For purposes of this section, parties or gatherings of individuals at a private residence within the town, invitations to which or announcements of which are advertised or publicized by paid advertisements of any kind in the print, broadcast, or other media or by paid promotion through the U.S. or private mail, or parties or such gatherings for

which the host or another individual or entity designated by the host will receive some form of compensation from any individual or entity shall be deemed to be a use for commercial purposes. (Uses described in subsection I of Section 17.16.010 are governed by that subsection and not by subsection E of this section.)

(Ord. 613 §§ 5—7, 2000; Ord. 390 § 2, 1984; Ord. No. 761, § 12, 1-13-2020)

• A. It is the intent of the town to provide adequate and reasonable standards for the establishment and maintenance of private schools in the town, taking into account the effect of the school's presence upon homes and residents in the neighborhood surrounding the school. The town seeks to achieve a reasonable balance between the needs and interests of the school and the needs and interests of the school's neighbors.

• B. 1. Any private school wishing to operate in the town shall first obtain and maintain a permit to operate issued by the town in accordance with the provisions of this section. Private schools currently operating in the town and having done so continuously from the date of their establishment to December 9, 2002, (the date of introduction of the ordinance amending this section) and having a history of receiving the annual fire and building inspections described in subsection K. of this section, shall be presumed to have received a permit in accordance with the private school provisions of this code in effect at the time such private school began operating in the town. If, after the effective date of this chapter February 13, 2003, any such school wishes to amend its permit to operate, the city council shall first establish the requirements for such school as set forth in subsection B.6. of this section.

  2. Any private school seeking to do any of the following shall apply for an amendment to their permit to operate:

     • a. Enlarge the school site (i.e., the legal parcel(s) on which the school facility is located and any other contiguous legal parcel owned by the school),

     • b. Increase the school's enrollment beyond the maximum number allowed under the school's existing permit,

     • c. Purchase, lease, or rent any real property in town for school purposes (which shall not be deemed to include the purchase, lease, or rent of a residential property to be used solely for residential purposes so long as such use does not include or consist of a group housing arrangement for school students),

     • d. Change the grades of instruction offered at the school; provided, however, that if town staff determines that the elimination of a grade will have no adverse effect on the neighborhood surrounding the school, the elimination of a grade may be approved administratively by town staff and the school's permit to operate so annotated,

• e. Modify any previous condition of approval,

• f. Incorporate multifamily rental housing on the school site for use and occupancy by faculty or other employees of the school.

• g. Increase the size of any structure, play area, or athletic area; provided, however, that an increase in size of a play area or athletic area that,

• (i) is not a field or court constructed for soccer, softball, baseball, lacrosse, rugby, or other team sport,

• (ii) does not reduce the distance between the existing play area or athletic area and the property line between the school and any neighboring property, and

• (iii) does not reduce any landscaping or structure providing or intended to provide screening between the school and any neighboring property shall not require an amendment to the school's permit to operate,

• h. Add any new structure, play area, or athletic area; provided, however, that the replacement of play or sport apparatus in a play area or athletic area with like or substantially similar play or sport apparatus in the same or virtually the same location as was occupied by the replaced apparatus shall not be deemed to add a new play area or athletic area,

• i. Demolish any existing structure, play area, or athletic area; provided, however, that for purposes of this item i., "structure" shall not include swing sets, slides, climbers, sandboxes, and similar play or sport apparatus,

• j. Modify (which shall not be deemed to include routine maintenance and normal pruning) landscaping that is located between a structure, play area, or athletic field and the perimeter of the school site in such a way as to diminish or potentially diminish the screening theretofore provided or intended to be provided by such landscaping,

• k. Modify its parking facilities or arrangements.

Amendments regarding subsection B.2.a. through f. shall be referred to the city council and processed as set forth in this chapter. Notwithstanding any other provisions of this chapter to the contrary, amendments regarding items g. through k. shall be referred for design review under the provisions of Chapter 2.12 and only thereafter referred to the city council for processing as items a. through e. are processed if either the architecture and design review board so recommends or any appeal is filed pursuant to Section 2.12.080. In considering an application for amendment, the city council or the architecture and design review board may consider the related consequences of granting the amendment and impose appropriate conditions, as necessary, to address those consequences.

Application for a permit to operate a private school, or for an amendment to an existing permit to operate, shall be made to the city council on the prescribed form, which shall be filed with the planning office together with an application fee in the amount set from time to time by resolution of the city council. Following submission of an application for a permit to operate a private school and before the public hearing on such application, the applicant shall arrange for an initial inspection of the type described in subsection K. of this section. The results of such inspection shall be part of the application.

ith an application fee in the amount set from time to time by resolution of the city council. Following submission of an application for a permit to operate a private school and before the public hearing on such application, the applicant shall arrange for an initial inspection of the type described in subsection K. of this section. The results of such inspection shall be part of the application.

4. All applications for a permit to operate, or an amendment to an existing permit to operate, shall be heard at a public hearing before the city council, scheduled and noticed as specified in Chapter 1.20 for a Type A notice. Such notice shall include the following wording: "If you challenge in court the issuance or nonissuance of a permit to operate a private school or the approval or disapproval of an amendment to an existing permit to operate a private school, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or that you or someone else raised in written correspondence delivered to the Hillsborough city council at, or prior to, the public hearing." For purposes of Chapter 1.20, the person requesting the hearing shall be deemed to be the private school. The public hearing shall include review of the application, including, but not limited to, the location, design, and configuration of the school, any proposed amendments or improvements thereto, the impact on the surrounding neighborhood, and all other matters relevant to the requirements set forth in this section.

5. If the city council finds that the proposal set forth in the application

   • a. Meets all the requirements of this section to the satisfaction of the city council,

   • b. Achieves a reasonable balance between the needs and interests of the school and the preservation of the public health, safety, and welfare, including, in particular, that of the surrounding neighborhood,

   • c. Is consistent with the general plan,

   • d. Meets all applicable requirements of the California Environmental Quality Act (CEQA),

   • e. Complies with all other applicable standards and requirements of law, the city council shall grant the permit to operate or the amendment to the permit to operate, as the case may be, with such conditions and such reasonable guarantees and evidence of compliance with conditions as the council deems necessary to fulfill the purposes of this title. In accepting the permit to operate or amendment to the permit to operate, the private school consents to the entrance onto the school site and into all school buildings at reasonable hours by representatives of the town's police, fire, building, public works, and other departments in order to enforce public safety laws and ordinances and the conditions of approval of the permit or amended permit to operate. Each permit to operate or amendment to permit to operate shall specify the maximum enrollment

the entrance onto the school site and into all school buildings at reasonable hours by representatives of the town's police, fire, building, public works, and other departments in order to enforce public safety laws and ordinances and the conditions of approval of the permit or amended permit to operate. Each permit to operate or amendment to permit to operate shall specify the maximum enrollment

permitted (in exact numbers rather than merely by reference to the formula in the table set forth in subsection D.2. of this section) and shall caution that the maximum enrollment shall not automatically increase if the private school acquires additional acreage, but may be increased only pursuant to subsection B.2.b. of this section. The maximum enrollment permitted shall be no greater than the maximum number set forth in such formula and may be less than that maximum number. If the city council does not grant the permit to operate or the amendment to the permit to operate, as the case may be, the city council shall deny the application.

6. In the case of an application for multifamily rental housing on the school site for use and occupancy by faculty or other employees of the school, the proposal must meet the following additional requirements:

   • a. Utilize complementary architectural vocabulary, massing and scale as single-family residences and as referenced in the town's Design Guidelines,

   • b. Provide a buffer area between school uses and buildings (including multifamily residential) and neighboring single-family residential uses and buildings such as additional setbacks, landscaping and fencing, with sensitivity towards impacts from noise, lighting, vehicles, and higher intensity uses.

7. a. In conjunction with granting a permit to operate a private school or an amendment to a permit to operate a private school, the city council shall specify, based on the particular characteristics of the site (or lot) on which the private school is located or proposed to be located, the:

   • i. Minimum lot frontage required on a public street,

   • ii. Maximum permitted floor area ratio,

   • iii. Maximum permitted lot coverage,

   • iv. Maximum permitted size of the buildings (exterior building dimensions, including, without limitation, height),

   • v. Maximum permitted density in the case of multifamily rental housing on the school site for use and occupancy by faculty or other employees of the school,

   • vi. Increased required setback area, if any, beyond the minimums set forth in Chapter 17.24,

   • vii. Hours of operation,

   • viii. Circulation plan,

   • ix. Parking requirements,

   • x. Accessory uses, if any that shall be applicable to the private school so that the private school buildings will not appear to dominate the surrounding neighborhood and will not represent too intense a development of the site, and so that the private school

shall not produce undue traffic or parking problems for the surrounding neighborhood or allow the daily congregations of people at the private school to be particularly visible or audible from the surrounding single-family dwellings. The purpose of these requirements is to allow the private school to function while also preserving the residential character of the surrounding neighborhood.

  - b. Because it is impossible, given the varied terrain and sizes of lots in town, to formulate extremely specific, universally applicable standards for items i. through vii. above, an opportunity for representatives of an existing private school or a proposed private school to meet with the city council early in the planning process may be useful. Accordingly, an applicant for an amendment to an existing permit to operate an existing private school or an applicant for a new permit to operate a new private school may request a preliminary review of the school's plans prior to submitting the application. In that case, the city council shall discuss the plans with the applicant at a public meeting and shall provide input to the applicant on the matters set forth in items i. through vii. The preliminary review shall not require public notice apart from the notice that normally occurs for public meetings of the city council. The preliminary review shall not be a public hearing; however, the city council may take public comment if the council so chooses. The purpose of the preliminary review shall be to provide site-specific guidelines to the applicant regarding items i. through vii. Such guidelines may, however, be subject to modification or reconsideration as the result of the public hearing subsequently held to consider the application. 

8. Upon the city council's approval of the application (with or without conditions), the director of building and planning shall issue a non-transferable, revocable (as set forth in subsection O.) permit to operate a private school upon the premises described in the application, or an amendment to an existing permit to operate, as the case may be, subject to any conditions imposed by the city council.

• C. No building permit shall be issued except in accordance with the terms and conditions of the permit to operate and any amendment thereto.

• D. The minimum acreage and maximum enrollment of any private school operating in town are as follows:

  1. The minimum acreage for a private school shall be seven acres (except as otherwise set forth in the table in this section for certain private schools described in subsection M. of this section).

  2. The maximum number of all students enrolled, without regard to full or part-time status, at a private school at any one time shall be as follows:

• Actual acreage shall consist of the net lot area of one legal parcel. If the school site encompasses more than one legal parcel, only the largest legal parcel may be counted for purposes of determining maximum enrollment.

** A private school is not automatically entitled to the maximum enrollment permitted by the above table; the specific maximum enrollment allowed will be stated in the school's permit to operate or amendment to permit to operate according to the enrollment number determined by the council at the time the permit to operate or amendment to permit to operate is issued.

*** Private schools described in Section 17.16.030 M. and leasing or occupying fewer than seven acres where the public school is also still operating on site shall be subject to all the same rules as any other private school except that the permit to operate shall describe the maximum number of students, which number shall be based on the impact on the neighborhood with respect to traffic, parking, noise, and safety.

3. Regardless of the acreage of the private school, the total number of students enrolled shall not exceed five hundred seventeen.

• E. Multifamily rental housing for use and occupancy by faculty or other employees of the school is permitted.

• F. Every private school shall be subject to and follow the requirements of the parking rules set forth in Chapter 17.36 of this Code; provided, however, that in all cases adequate off-street parking facilities shall be maintained to park on the school site all the motor vehicles normally brought to the school by its employees, students, and visitors, so as to keep the vehicles from being parked on the public streets.

• G. Every private school shall be accessible from a public street having a paved width of at least twenty-four feet.

• H. Every structure, play area, and athletic area on the private school site shall be set back at least twenty-five feet from any property line adjacent to a public street and at least twenty feet from any other property line. The distances shall be measured as set forth in Section 17.24.030 of this code.

• I. A planted area of trees and shrubs shall be provided between any play area or athletic field and adjacent nonschool property so that a barrier will exist.

• J. All structures shall be subject to Chapter 17.28, height limitations, of this code.

• K. The structures to be used for school purposes shall be inspected annually by the city building official and the fire chief, or their designees, for safety and soundness and shall comply with the directions from such staff resulting from such inspections.

• L. Prior to October 1st each year, the private school shall certify on a form prescribed by the planning office that the school continues to comply with the provisions of this section and with any conditions imposed by the city council in connection with the approval of the permit to operate. Such annual certification shall include a copy of the current annual review and approval by the Central County Fire and the building department and shall be accompanied by payment of the annual certification fee in the amount set from time to time by resolution of the city council.

• M. A private school using buildings owned by the public school district and located on the grounds of a public school in that school district shall be deemed to be a private school for purposes of the Hillsborough Municipal Code.

• N. No nonschool events (as defined in subsection N.1. of this section) shall be held on the premises of a private school in town except in accordance with the provisions of this section.

  1. A nonschool event is a private, social event or party (for example, a wedding, a wedding reception, a bar/bat mitzvah party, or an anniversary party) held on the school site, whether held indoors or outdoors or both, not hosted by the school, attended by persons who are invited not by the school but by private individual(s) who are, or by a separate entity which is, hosting the social event or party. An athletic event sponsored by the Hillsborough recreation

department or AYSO or Little League or similar organization open to all of the residents of the town of the appropriate age shall not be deemed a private, social event or party and therefore shall not come within the definition of "nonschool event."

2. Nonschool events shall not be held on Sundays or legal holidays (those being the days on which the city clerk's office is closed).

3. Nonschool events shall not be subject to Chapter 5.16 of this code; however, events conducted or sponsored by the school are not, by definition, nonschool events and are subject to Chapter 5.16 of this Code, as applicable.

4. Nonschool events shall abide by Chapter 8.32, the town's noise ordinance, and Chapter 10.80, traffic control plans, of this code. With respect to Chapter 10.80 of this code, a traffic control plan shall be required for a nonschool event, regardless of expected attendance, unless the Hillsborough police department determines that the expected attendance is too small to warrant a traffic control plan. If a traffic control plan is required, the private school shall provide written notification of the event to the neighbors in the areas expected to be affected by the parking and traffic generated by the event. The extent, timing and method of such notification shall be set forth in the traffic control plan. At least three days before the date of the event, the private school shall provide evidence to the Hillsborough police department that such notification has been completed in accordance with the traffic control plan.

5. Nonschool events shall be subject to any additional requirements set forth in the conditions to the school's permit to operate and any amendments thereto.

• O. 1. Whenever the city council or the city manager or his or her designee receives information indicating that a private school is not in full compliance with its permit to operate, including any amendments thereto, the city clerk shall issue a written warning to the school, describing the noncompliance and requiring correction within thirty days after the date of the warning. The warning shall also advise the school that if proof of compliance is not received within the thirtyday deadline, the matter shall be heard by the city council on the council meeting date indicated in the warning.

In the event that proof of compliance is not received by the deadline, the city clerk shall send notice of the hearing before the city council pursuant to Chapter 1.20 of this code for a Type A notice. Such notice shall include the following wording: "If you challenge in court the city council's decision to impose or not impose a revocation or suspension of a permit to operate a private school, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or that you or someone else raised in written correspondence delivered to the Hillsborough city council at, or prior to, the public hearing." The private school shall also receive such notice, which shall be sent certified mail, return receipt requested, postage prepaid to the school's current address. For purposes of Chapter 1.20 of this code, the person requesting the hearing shall be deemed to be the town.

3. The notice shall contain the information required by Chapter 1.20 of this code and shall specifically state the manner in which the private school has failed to comply with the provisions of its permit to operate.

4. The city council shall conduct a public hearing on the matter and shall take such action as the council deems advisable, making findings as to any noncompliance. The city council may continue such hearing from time to time and may require any additional information as the council deems necessary.

5. At the conclusion of the hearing the city council may revoke the permit, suspend the permit until certain conditions are met, or not revoke or suspend the permit at all. The city clerk shall send written notice of the city council's decision to the private school.

6. Any person objecting to the decision of the city council shall have ninety days as set forth in California Government Code Section 65009(c)(1)(E) (or such other time period as may be set by amendment to such law) after such decision to bring an action in a court of competent jurisdiction; otherwise all objections to the city council's decision shall be deemed waived.

7. If the city council has revoked or suspended the permit, it is unlawful for any person to operate a school on the premises of the private school during the time that the permit is revoked or suspended.

(Ord. 661 § 9 (part), 2005; Ord. 648 § 7 (part), 2003; Ord. 640 §§ 1—4, 2003; Ord. 639 § 14, 2003: Ord. 618 § 6, 2001; Ord. 550 § 1, 1996; Ord. 379 § 1, 1982; prior code §§ 101.4.04—101.4.24)

• (Ord. No. 711, § 3, 11-12-2013; Ord. No. 716, § 1, 8-11-2014)

• A. The provisions of this section are imposed pursuant to the authority of Division 2, Chapters 3.43.65, of the California Health and Safety Code (or successor provisions) which provide that a city may apply to residences used for large and small family day care homes, as those terms are defined by state law, any local ordinance dealing with building heights, setback area, lot

dimensions, health and safety, building standards, environmental impact standards, nuisance abatement, or any other matter within local jurisdiction, so long as such ordinances apply to all residential dwellings and do not single out large or small family day care facilities.

• B. "Family day care home" means a facility that regularly provides care, protection, and supervision for fourteen or fewer children, in the provider's own home, for periods of less than twenty-four hours per day, while the parents or guardians are away, and is either a large family daycare home or a small family daycare home.

• C. "Large family day care home" means a facility that provides care, protection, and supervision for fourteen or fewer children, inclusive, including children under ten years of age who reside at the home.

• D. "Small family daycare home" means a facility that provides care, protection, and supervision for eight or fewer children, including children under ten years of age who reside at the home.

• E. The use of a dwelling as a small or large family daycare home shall be considered a residential use of property. No business license fee or tax shall be imposed by the town for the privilege of operating a small family or large family daycare home. Also, such use of a residence shall not constitute a change of occupancy for the purposes of the state housing law and the Uniform Building Code. Small and large family daycare homes shall comply with all building code standards, standards established by the state fire marshal, and state licensing requirements.

• (Ord. 661 § 9 (part), 2005; Ord. 639 § 15, 2003)

(Ord. No. 776, § 3, 12-13-2021)

Chapter 17.20 - NONCONFORMING STRUCTURES AND USES

Footnotes: --- ( 3 ) --Prior history: Prior code § 101.2.20 and Ords. 529 and 545.

"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 then-applicable 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 structure that is legally nonconforming because it encroaches into a setback area may be enlarged, or otherwise altered provided the encroachment does not extend further into the setback area if:

  1. Such addition 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 or alteration will not constitute a fire or safety hazard; and

  4. The architecture and design review board finds that 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 that approving the proposal will not be materially detrimental to the public health, safety, or welfare or injurious to other properties in the town.

  5. Second units are not subject to the provisions of this section but are subject to the nonconforming-use and nonconforming-structure provisions in Section 17.52.030.

• B. Notwithstanding subsection A of this section, the architecture and design review board may grant a garage exception to the requirements of subsections A.1. of this section to allow complete reconstruction of nonconforming garages if the architecture and design review board 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.

if the architecture and design review board 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.

• C. 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 or otherwise altered,

(but not so as to amount to a complete reconstruction) if such addition or alteration will not increase the net structural lot coverage (footprint) or net floor area that is not conforming. For example, a single-family dwelling having an FAR of twenty-seven percent may be remodeled (including removing and adding square footage) so that it has an FAR above twenty-five percent but not above twenty-seven percent.

• D. Regarding nonconformance with height limitations, any structure (accessory or nonaccessory) that is nonconforming because it exceeds current height limitations may be enlarged or otherwise altered (but not so as to amount to a complete reconstruction) without regard to current height limitations so long as such enlargement or other alteration is confined to the existing building envelope of the structure. Any enlargement or other alteration 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.

• E. 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.

• (Ord. 683 § 7, 2008: Ord. 657 § 2, 2005; Ord. 639 § 16, 2003)

(Ord. No. 692, § 3, 9-3-2010; Ord. No. 715, § 9, 6-9-2014; Ord. No. 722, § 1, 3-9-2015; Ord. No. 752, § 3, 1-142019; Ord. No. 761, § 13, 1-13-2020)

In the event of a fire, earthquake, or other natural disaster, all or portions of a legal nonconforming 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)

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)

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)