Hillsborough Municipal Code Ch. 2.12 Architecture and Design Review Board

The architecture and design review board shall consist of five members, all of whom shall be (1) qualified electors from the town; and (2) residents of the town for two or more years and not otherwise serving the town in an elective or salaried capacity. The members shall be appointed by a process determined by the mayor (either appointment by the mayor or appointment by the council) and shall serve for a three-year term and until their successors are appointed. One or more alternate members of the architecture and design review board may also be appointed. No member shall be reappointed to the architecture and design review board if such appointment would result in that member's serving more than two consecutive full three-year terms; provided, however, that a member may remain for all or a portion of a third consecutive three-year term if so requested by the mayor, based on the mayor's good faith judgment that retention of the member is necessary for the effective functioning of the architecture and design review board. Appointment for a term of fewer than three years shall not prevent two additional full three-year terms. If a member leaves the board prior to the expiration of his or her term, a replacement to fill the remainder of the unexpired term shall be appointed as soon as possible.

The mayor shall appoint the chair of the board to a one-year term.

(Ord. 673 § 1, 2007; Ord. 657 § 1, 2005; Ord. 654 § 3, 2004; Ord. 582 § 1, 1999; Ord. 545 § 1 (part), 1995)

(Ord. No. 795, § 1(Exh. A), 12-9-2024)

The goal of the architecture and design review board is to encourage design that is responsive to the site, compatible with the surrounding neighborhood, in harmony with the natural environment, and in keeping with the character of the town.

(Ord. 545 § 1 (part), 1995)

The preferred composition of the board shall be two architects or building designers, two other design professionals, and one resident-at-large; however, other residents from the town may be appointed, if necessary, to complete the five-member board.

(Ord. 582 § 2, 1999; Ord. 545 § 1 (part), 1995)

A simple majority of the voting members of the board shall constitute a quorum.

(Ord. 545 § 1 (part), 1995)

A. The board shall adopt its own rules for the transaction of business, which procedures shall be submitted for informational purposes to the city council member who is the commissioner assigned to the architecture and design review board; provided, however, that if any proposed procedure of the board is inconsistent with or contrary to any provision of the Hillsborough Municipal Code ("code") or other applicable law, such proposed procedure shall not be effective unless and until the city council amends the code as necessary or otherwise modifies the proposed procedure to eliminate such problem. The board shall keep a record of its meetings and actions, which shall be public. It shall report to the city manager and city council on all its activities.

B. 1.

Subject to subsection (B)(4) of this section, all regular meetings of the architecture and design review board during a given calendar year shall be held on the dates set forth on the annual schedule of architecture and design review board meetings for such year. The annual schedule shall be posted on the three official bulletin boards of the town no later than December 1st of the preceding calendar year.

2. Subject to subsection (B)(4) of this section, each regular meeting of the architecture and design review board shall be held at Hillsborough Town Hall, 1600 Floribunda Avenue (located at the corner of El Camino Real and Floribunda Avenue), Hillsborough, California.

3. Subject to subsection (B)(4) of this section, each regular meeting of the architecture and design review board shall begin no earlier than three p.m. and no later than six p.m., the exact time for each meeting to be as set forth in the agenda posted for such meeting in accordance with the requirements of the Ralph M. Brown Act.

4. If good reason exists, in the judgment of the chairman of the architecture and design review board or the planning office staff, to cancel any regular meeting or change the date, time and/or place (within the town, or elsewhere if so allowed by the Ralph M. Brown Act) of any regular meeting of the architecture and design review board, the regular meeting may be so cancelled or changed. Notice of a new date, time, and/or place of a regular meeting shall be posted on the three official bulletin boards of the town at least seven days in advance of the date on which the affected regular meeting would otherwise have been held and in all events at least seven days in advance of the actual date on which the affected regular meeting will be held. Notice of cancellation of a regular meeting shall be posted on the three official bulletin boards of the town at least seven days in advance of the scheduled meeting date, unless the need to cancel the meeting became known to the chairman of the architecture and design review board or to the planning office staff on or after such deadline, in which case notice of cancellation shall be posted on the three official bulletin boards no later than the day after the need to cancel the meeting became so known. However, if such "day after" is a Saturday, Sunday or holiday during which Town Hall is closed to the public, notice of cancellation shall be posted on the first day thereafter that Town Hall is open to the public.

(Ord. 652 § 3, 2003; Ord. 629 § 1, 2001; Ord. 607 § 1, 2000; Ord. 545 § 1 (part), 1995)

The architecture and design review board shall have the following duties:

A. Design. To consider and make recommendations to the city planner and the city council on applications and matters affecting the design of buildings, structures, landscaping and other improvements;

B. Environmental and aesthetic values. To consider and make recommendations to the city planner and the city council regarding methods of encouraging and promoting good design in order to maintain the environmental quality and high quality of aesthetic values which make the town unique; and

C. Design guidelines. To implement adopted design guidelines for the review of applications.

(Ord. 683 § 1, 2008: Ord. 654 § 4, 2004; Ord. 648 § 1 (part), 2003; Ord. 545 § 1 (part), 1995)

(Ord. No. 711, § 1, 11-12-2013)

A. Design review. All projects listed below shall be subject to the design review process:

1. The following projects ("type A projects" sometimes referred to in the town of Hillsborough fee schedule as "major projects") are subject to review and consideration by the architecture and design review board and type A notice as described in subsection D. of this section:

a. New dwellings;

b. First and second story additions, if any such addition adds more than five hundred square feet of floor area to an existing dwelling, or second story additions visible from the public right-of-way;

c. Renovations to existing dwellings in conjunction with a "tear down";

i. A project is classified as a teardown when fifty percent or more of a dwelling's exterior walls, measured in linear feet, are removed. Removal means either that no studs remain or that if some studs remain, the wall except for the studs has been stripped bare such that one can see through the wall. Any portion of an exterior wall so described shall be included in the calculation, provided, however, that the removal of studs above and below an existing window for the purpose of replacing that window shall not cause the portion of the wall that is the width of the window to be included in the calculation. Garages, whether attached or detached, conforming or nonconforming, shall be disregarded in calculating the percentage of exterior wall removed and any wall common to a garage and the rest of the dwelling shall be deemed an exterior wall for purposes of the calculation.

ii. If an applicant intends to remove fifty percent or more of a dwelling's exterior walls, the applicant's ADRB application must indicate that the project includes a tear down.

iii. If an applicant removed fifty percent or more of a dwelling's exterior walls and the application failed to indicate that the project included a teardown, a stop work order shall be issued against the project. No work shall be permitted to continue on the project until the applicant submits a revised project application to the ADRB for "Type A Project" review and the revised project application is approved. The ADRB may apply additional conditions to the revised project and other penalties may be imposed as provided by law;

d. Towers as defined in Chapter 15.36 of this Code and wireless communications facilities to be installed on private property under Chapter 15.32 of this Code;

e. (Reserved);

f. Tennis courts;

g. Accessory structures and additions to existing structures, which additions equal or exceed an area of five hundred square feet;

h. Landscaping associated with new dwellings and "tear downs."

2. The following projects ("type B projects" sometimes referred to in the Town of Hillsborough fee schedule as "minor projects") are subject to review and consideration by the building and planning department and type B notice as described in subsection D. of this section; provided, however, that any such project deemed by the director of building and planning to have little or no negative visual effect shall not be subject to any public notice requirement and may be approved administratively i.e., as a ministerial act by the director of building and planning consistent with design guidelines and the Hillsborough Municipal Code:

a. All exterior modifications to structures, which modifications are not type A projects;

b. All modifications to sites, which modifications are not type A projects;

c. The modifications in subsections A.2.a. and b. of this section may include, but are not limited to, the following:

i. Accessory structures and first story additions to existing structures, all of which are smaller than five hundred square feet in size,

ii. Facade changes,

iii. Fences over seven feet in height,

iv. Fences of any height that are adjacent to a street,

v. Driveway columns,

vi. Tree removal not part of a landscaping plan or a subdivision or construction or remodeling of a structure, and not necessitated by disease or damage to such tree,

vii. Landscaping projects described in Section 17.56.050,

viii. Reroofing,

ix. Second units. Second units, however, are not subject to public notice requirements and must be acted upon ministerially as required by Government Code Section 65852.2.

x. Second story additions of less than five hundred square feet to existing dwellings and not visible from the public right-of-way,

xi. Synthetic grass in areas visible from the public right-of-way.

d. The building and planning director may refer items subject to review under 2.12.070(A)(2) noted as "minor projects" to the architecture and design review board where, in his/her opinion, the public interest would be better served by an architecture and design review board public hearing and action.

B. No design review.

1. The following projects are not subject to the design review process:

a. The repair or replacement, without visible alteration, of existing structures;

b. Repainting;

c. Swimming pools;

d. Installation of fencing six feet high or shorter which is not adjacent to a street;

e. Landscaping, as defined in Section 17.56.020, other than landscaping projects described in Section 17.56.050;

f. Flatwork, such as paving, concrete, or masonry work, located directly on the ground and not exceeding twelve inches in height;

g. Any project for which a building permit, according to the provisions of Title 15 is not required.

C. Application. When design review is required, an application shall be submitted, on the prescribed form and with the prescribed attachments, to the planning office. The application shall be checked for completeness and shall be scheduled for review and consideration by the architecture and design review board at a public hearing.

D. Public notice. Type A public notice, as described in Chapter 1.20, shall be given for the projects listed in subsections (A)(1)(a) through (f) of this section. Type B public notice, as described in Chapter 1.20, shall be given for the projects listed in subsection (A)(2)(a) through (c) of this section, except that such projects also described in subsection (B)(1)(a) through (g) of this section shall not require public notice.

E. Architecture and design review board action. The architecture and design review board shall conduct a public hearing on the application. The board shall determine whether the application is approved, conditionally approved, or denied, with consideration to whether the application is consistent with the Town's Design Guidelines, the Zoning Ordinance and the General Plan. All determinations of the board not appealed pursuant to Section 2.12.080 or called up for a hearing de novo by the city council pursuant to Section 2.12.085 shall be deemed final; provided, however, that the director of building and planning may require compliance with any other applicable provisions of law and town policies.

(Ord. 683 §§ 2, 12, 2008: Ord. 682 § 1, 2008; Ord. 671 § 1, 2007; Ord. 668 §§ 1, 2, 2006; Ord. 665 § 2, 2006; Ord. 648 § 1 (part), 2003; Ord. 639 § 27 (part), 2003; Ord. 629 § 1, 2001; Ord. 618 § 2, 2001; Ord. 582 §§ 3—6, 1999; Ord. 552 § 2, 1996; Ord. 545 § 1 (part), 1995)

(Ord. No. 697, § 1, 1-9-2012; Ord. No. 711, § 2, 11-12-2013; Ord. No. 715, §§ 2, 4, 6-9-2014; Ord. No. 743, § 2, 12-12-2016; Ord. No. 761, §§ 1—3, 1-13-2020)

A. Initiating an appeal. Determinations of the architecture and design review board, including, but not limited to, conditions of approval, may be appealed to the city council by filing a written notice of appeal with the planning office in accordance with the instructions available there. A notice of appeal of a determination of the architecture and design review board shall be filed within fifteen days after the date of the architecture and design review board meeting at which the determination was made. Determinations of the director of building and planning, including, but not limited to, conditions of approval, may be appealed to the architecture and design review board by filing a written notice of appeal with the planning office in accordance with the instructions available there. A notice of appeal regarding a determination by the director of building and planning shall be filed within ten days after the date of the director of building and planning's letter to the applicant. Any notice of appeal shall state grounds upon which the appeal is being made. The applicant shall provide, or cause to be provided, the required sets of plans for the city council hearing on the appeal.

B. Findings. When an appeal is filed, the director of building and planning shall prepare a written explanation of the determination and/or findings being appealed and shall submit the explanation to the architecture and design review board or city council along with the written notice of appeal submitted by the appellant.

C. Notice. The appeal before the architecture and design review board or city council shall be a public hearing, and shall be noticed in the same manner as was required for the original determination. The town shall be responsible for preparing the public notices, according to the provisions of Section 2.12.070 D.

D. Additional grounds for appeal. Prior to the hearing, any person may submit in writing additional grounds or issues for consideration and action by the architecture and design review board or city council at the hearing on the appeal; provided, however, that any such submission shall, within ten days after the date of the public notice described in subsection C. of this section, be delivered to the town and to each person to whom the public notice was sent.

E. Withdrawal or continuance. At any time prior to the hearing (including at the architecture and design review board or council meeting at which the hearing is scheduled to take place), an appellant may withdraw the appeal or an applicant may request that the appeal be continued to a later meeting of the architecture and design review board or city council.

F. Hearing. The city council shall hear the appeal de novo at the next city council meeting that allows sufficient time for the necessary staff reports and recommendations to be prepared and for the required public notice to occur. The council shall consider and act upon (as described in subsection G. of this section) the grounds raised in the appeal and any additional grounds or issues raised in compliance with subsection D. of this section. Furthermore, the city council may raise other issues at the hearing and consider and act upon those as well. In the interests of fully understanding the issues, the city council may also, at its option, take testimony as to all matters related to the application. Notwithstanding the foregoing, if the appeal is related to a second unit, the city council may consider only whether the second unit meets the requirements of Section 17.52.020 C. and, with respect to "architectural review" in Section 17.52.020 C.7., whether the second unit is consistent with the town's design guidelines.

G. City council decision. The city council may accept or reject, wholly or in part, or may modify, the determination of the board. The city council may also remand the application to the architecture and design review board or the director of building and planning for further consideration with such instructions as the city council deems appropriate.

(Ord. 683 §§ 3, 12, 2008: Ord. 648 § 1 (part), 2003; Ord. 638 §§ 1—3, 2001; Ord. 582 §§ 7—11, 1999; Ord. 552 § 3, 1996; Ord. 545 § 1 (part), 1995)

(Ord. No. 715, § 5, 6-9-2014)

A. Call up by the city council. During the same time period as allowed for an appeal under Section 2.12.080, any member or members of the city council, or the city council as a body, may notify the town planner orally, or in writing, that the council (or member or members thereof) wishes to consider the application in a hearing de novo. Such notification shall state the issue(s) of concern. (If such notification is oral, the town planner shall make a contemporaneous written record of such notification.) If an application is both appealed under Section 2.12.080 and called up for a hearing de novo pursuant to this section, the former shall be disregarded and the matter shall proceed as a hearing de novo.

B. Time of hearing. Any hearing de novo of a matter pursuant to this section shall take place at the next city council meeting that allows sufficient time for the necessary staff reports and recommendations to be prepared and for the required public notice to occur; provided, however, that the applicant may request that the hearing be continued to a later meeting of the city council and the council shall honor such request unless the council believes that it would not be in the best interests of the town.

C. Public notice. The same notices required pursuant to Section 2.12.070(C) shall be given for a public hearing held pursuant to this section. The town planner shall be responsible for preparing the required public notice mailings.

D. Material to be submitted. The submittal to the city council pursuant to this section shall include, but not be limited to, all the written documentation that was presented to the architecture and design review board for its consideration. The project applicant shall provide, or cause to be provided, the required sets of plans for the city council hearing de novo.

E. City council review. The city council's review shall include a public hearing and shall address the following:

1. The project's compliance with all applicable laws, regulations, and policies, including, but not limited to, the city planner's determinations with respect to such matters;

2. The project's consistency with the design guidelines adopted pursuant to Section 2.12.060(C); and

3. The issue(s) stated in the call-up by the council and any additional issues raised at the hearing by any council member or by anyone else.

F. City council decision. Following the city council's hearing de novo, the city council shall approve, conditionally approve, or deny the project, or remand it to the architecture and design review board or to the city planner for further consideration with such instructions as the city council deems appropriate.

(Ord. 648 § 1 (part), 2003; Ord. 582 §§ 12—15, 1999; Ord. 552 § 1, 1996)

Any approval granted in accordance with provisions of this chapter shall lapse if a building permit has not been issued within two years of the date the approval was granted. A request for a one-year extension of time, if filed prior to the expiration, may be considered by the director of building and planning, the architecture and design review board or the city council, whichever took final action on the application. If final action on the application was taken by the architecture and design review board or by the city council, the first request for an extension of time may be processed by the director of building and planning subject to public notification in the same manner as was originally required. Requests for extension of time after a first request shall be considered at a public hearing before the architecture and design review board or city council, whichever took final action on the application, noticed in the same manner as was originally required, and the request may be approved, conditionally approved or denied. A request for an extension will typically be approved unless physical conditions or circumstances related to the site or the surrounding property have changed or unless town standards or requirements have changed.

(Ord. 648 § 1 (part), 2003; Ord. 545 § 1 (part), 1995)

(Ord. No. 692, § 1, 9-13-2010; Ord. No. 715, § 3, 6-9-2014)