Agenda — Hillsborough City Council, December 12, 2022 (part 2 of 2)

actions come at a significant cost to the Town. Based upon the above, staff recommends not pursuing strategies A through D.

Regarding the scheduled sunsetting of LIBOR, the industry accepted conversion is for a migration from LIBOR to the Secured Overnight Financing Rate (SOFR) plus a defined spread (for the Town’s tenor of one-month LIBOR: 0.114%). One-month LIBOR and SOFR each represent shortterm taxable rates and have shown a correlation in the past (adjusting for the additional spread).

The Town has anticipated that, upon the sunsetting of LIBOR, JPM will pay to the Town on the variable rate leg of the swap SOFR + 11.4 bps. JPM has conveyed in writing its expectation to commence variable rate payments to the Town on such basis upon the sunset of LIBOR. Such written intention, and the knowledge that the Town can effect a “fallback protocol” (amendment to the 2006 swap agreement) at any time at its election which specifically provides for this outcome, should provide sufficient comfort that the Town need not adopt the “fallback protocol” immediately.

The “fallback protocol”, whether adopted on a stand-alone basis or required in conjunction with the Dodd-Frank Protocols 1.0 and 2.0, involves some time and effort by Staff, making it preferable to avoid, if possible.

Contractual Legal Analysis

BB&K, the Town’s bond counsel, reviewed the legacy swap agreement with J.P. Morgan (JPM) and other related documents and confirmed that there is no fallback language for a successor rate of SOFR from LIBOR. JPM has not communicated any proposed changes to the agreement and assuming JPM confirms it will administratively substitute SOFR for LIBOR upon sunset, JPM cannot require the Town to amend the agreement formally to transition from LIBOR to SOFR. Note that JPM has been required to use the fallback protocol of SOFR to replace LIBOR in its swap portfolio with other swap counterparties. BB&K reviewed the question of whether the Town would want to amend the swap agreement to include fallback language and is recommending that no action is needed. The reasoning is that JPM has already agreed to the SOFR protocol so there is no ambiguity that would prompt the need for spelling out this language in a modified swap agreement.

Next Steps

A LIBOR update will be scheduled for review by the City Council prior to June 2023 to confirm no change to the above findings with the transition from LIBOR on July 1, 2023.

FISCAL IMPACT: There is no fiscal impact with this agenda item.

ENVIRONMENTAL ISSUES: The proposed action is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines sections 15378(b)(2) and 15378(b)(5) as ongoing administrative or organizational activities that will not result in direct or indirect physical changes in the environment.

ATTACHMENTS: Acacia Financial Group, Inc. Memorandum on Swap Modifications Options Valuations as of October 31, 2022
PREPARED BY: Jan Cooke, Finance Director
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Agenda Staff Report - Hillsborough City Council
December 12, 2022

Page 3 ends

RECOMMENDATION: Direct staff to implement recommendations on the 2006A swap agreement tied to LIBOR.
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Via Electronic Mail

MEMORANDUM
To: Jan Cooke, C.P.A., Finance Director, Town of Hillsborough From: Peter Nissen, Managing Director
Josh Cooperman, Sr. Project Advisor
Date: November 21, 2022, 2022
Re: Town of Hillsborough, CA - Swap Modifications Options Valuations Pursuant to our discussions and as follow-up to the presentation to the Board, below please find a summary table of the costs to modify the various certificates of participation (COPs) and accompanying swap agreements. The first three columns (A, B and C) represent the estimated cost to convert the existing synthetic fixed rate structure (i.e. cash settle and terminate the swap and refund the variable rate debt) to a traditional fixed rate structure. The fourth column (D) represents the cost to convert the %LIBOR swap related to the 2006 COPs to a SIFMA based swap (no refunding of the underlying variable rate COPs).
(A) (B) (C) (D)
Est. Cost Est. Cost Est. Cost Est. Cost
to Convert to Convert to Convert to Convert
2006 COPs & 2003 COPs & 2000 COPs & 2006 COPs
%LIBOR Swap SIFMA Swap SIFMA Swap %LIBOR Swap
Valuation Date to Fixed Rate to Fixed Rate to Fixed Rate to SIFMA Swap 10/31/2022 Total PV $601k total $279k total $185k total $338k total Annual $62k/ yr $32k/ yr $30k/ yr $55k-$2k/ yr
Swap Unwind $400k $245k $103k n/a
Ref. TIC (%) 4.13% 4.00% 3.84% n/a
9/30/2022 Total PV $629k total $325k total $195k total $302k total Annual $65k/ yr $40k/ yr $30k/ yr $46k-$2k/ yr
Swap Unwind $470k $345k $137k n/a
Ref. TIC (%) 4.02% 3.86% 3.70% n/a
8/31/2022 Total PV $572k total $267k total $170k total $280k total Annual $57k/ yr $31k/ yr $22k/ yr $42k-$2k/ yr
Swap Unwind $677k $562k $228k n/a
Ref. TIC (%) 3.42% 3.21% 2.93% n/a
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(A) (B) (C) (D)
Est. Cost Est. Cost Est. Cost Est. Cost
to Convert to Convert to Convert to Convert
2006 COPs & 2003 COPs & 2000 COPs & 2006 COPs
%LIBOR Swap SIFMA Swap SIFMA Swap %LIBOR Swap
Valuation Date to Fixed Rate to Fixed Rate to Fixed Rate to SIFMA Swap 7/29/2022 Total PV $625k total $313k total $170k total $266k total Annual $60k/ yr $34k/ yr $24k/ yr $42k-$2k/ yr
Swap Unwind $890k $780k $331k n/a
Ref. TIC (%) 3.08% 2.84% 2.49% n/a
6/30/2022 Total PV $678k total $343k total $177k total $298k total Annual $66k/ yr $38k/ yr $25k/ yr $46k-$2k/ yr
Swap Unwind $778k $637k $265k n/a
Ref. TIC (%) 3.44% 3.24% 2.91% n/a
5/31/2022 Total PV $655k total $276k total $154k total $386k total Annual $64k/ yr $31k/ yr $23k/ yr $60k-$2k/ yr
Swap Unwind $855k $665k $280k n/a
Ref. TIC (%) 3.24% 3.04% 2.74% n/a
4/29/2022 Total PV $727k total $359k total $197k total $364k total Annual $70k/ yr $40k/ yr $27k/ yr $60k-$2k/ yr
Swap Unwind $825k $640k $270k n/a
Ref. TIC (%) 3.46% 3.29% 3.03% n/a
3/31/2022 Total PV $756k total $359k total $187k total $299k total Annual $68k/ yr $39k/ yr $25k/ yr $48k-$2k/ yr
Swap Unwind $1,050k $845k $350k n/a
Ref. TIC (%) 3.05% 2.86% 2.59% n/a
2/28/2022 Total PV $689k total $339k total $182k total $302k total Annual $60k/ yr $35k/ yr $25k/ yr $48k-$2k/ yr
Swap Unwind $1,275k $1,143k $487k n/a
Ref. TIC (%) 2.49% 2.24% 1.92% n/a
1/31/2022 Total PV $694k total $387k total $201k total $260k total Annual $60k/ yr $40k/ yr $27k/ yr $41k-$2k/ yr
Swap Unwind $1,325k $1,239k $534k n/a
Ref. TIC (%) 2.43% 2.16% 1.83% n/a
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(A) (B) (C) (D)
Est. Cost Est. Cost Est. Cost Est. Cost
to Convert to Convert to Convert to Convert
2006 COPs & 2003 COPs & 2000 COPs & 2006 COPs
%LIBOR Swap SIFMA Swap SIFMA Swap %LIBOR Swap
Valuation Date to Fixed Rate to Fixed Rate to Fixed Rate to SIFMA Swap 12/31/2021 Total PV $592k total $301k total $148k total $244k total Annual $48k/ yr $31k/ yr $20k/ yr $38k-$2k/ yr
Swap Unwind $1,460k $1,385k $597k n/a
Ref. TIC (%) 2.02% 1.74% 1.34% n/a
11/30/2021 Total PV $634k total $347k total $137k total $219k total Annual $53k/ yr $34k/ yr $19k/ yr $33k-$2k/ yr
Swap Unwind $1,505k $1,458k $628k n/a
Ref. TIC (%) 2.03% 1.73% 1.21% n/a
10/29/2021 Total PV $622k total $348k total $161k total $220k total Annual $52k/ yr $34k/ yr $21k/ yr $33k-$2k/ yr
Swap Unwind $1,510k $1,470k $642k n/a
Ref. TIC (%) 2.02% 1.73% 1.29% n/a
9/30/2021 Total PV $614k total $364k total $166k total $206k total Annual $50k/ yr $35k/ yr $21k/ yr $31k-$2k/ yr
Swap Unwind $1,560k $1,550k $684k n/a
Ref. TIC (%) 1.94% 1.65% 1.18% n/a
8/31/2021 Total PV $600k total $353k total $158k total $192k total Annual $48k/ yr $33k/ yr $20k/ yr $29k-$2k/ yr
Swap Unwind $1,650k $1,655k $728k n/a
Ref. TIC (%) 1.79% 1.47% 1.02% n/a
7/30/2021 Total PV $570k total $333k total $152k total $189k total Annual $45k/ yr $31k/ yr $18k/ yr $27k-$2k/ yr
Swap Unwind $1,690k $1,705k $753k n/a
Ref. TIC (%) 1.69% 1.39% 0.93% n/a
6/30/2021 Total PV $528k total $289k total $136k total $190k total Annual $41k/ yr $28k/ yr $17k/ yr $27k-$2k/ yr
Swap Unwind $1,590k $1,599k $714k n/a
Ref. TIC (%) 1.81% 1.52% 1.08% n/a
5/18/2021 Total PV $514k total $299k total $158k total $166k total Annual $40k/ yr $29k/ yr $18k/ yr $24k-$2k/ yr
Swap Unwind $1,569k $1,598k $730k n/a
Ref. TIC (%) 1.82% 1.54% 1.10% n/a
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Please note that these are estimates and have not been evaluated with the counter-party to the swaps (JP Morgan) for pricing.

Please free to contact us regarding this report.
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
4 CONSENT CALENDAR

CITY COUNCIL MEETING
DECEMBER 12, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION ESTABLISHING THE LOCAL APPOINTMENTS LIST FOR CALENDAR YEAR 2023 PURSUANT TO CEQA GUIDELINE 15378
SUMMARY: Government Code Section 54972 requires that on or before December 31 of each year, the City Council shall prepare an appointments list of all regular and ongoing boards, commissions and committees, whose members are volunteer Hillsborough residents that are appointed by the City Council. Government Code Section 54973 requires that the Local Appointments List be made available to the public. Government Code Section 54974 requires that whenever an unscheduled vacancy occurs in any body on the Local Appointments List, a special vacancy notice be posted in the office of the City Clerk and in other places as directed by the City Council. The Local Appointments List shall contain the following information:
(a) A list of all appointive terms which will expire during the next calendar year with the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position.
(b) A list of all boards, commissions, and committees whose members serve at the pleasure of the City Council, and the necessary qualifications for each position.

FISCAL IMPACT: There is no fiscal impact associated with this agenda item.

ATTACHMENTS: Resolution and Local Appointments List
PREPARED BY: Lisa Natusch, City Clerk
RECOMMENDATION: Adopt the resolution establishing the Local Appointments List for calendar year 2023.
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RESOLUTION NO. 22-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH ESTABLISHING THE LOCAL APPOINTMENTS LIST FOR CALENDAR YEAR 2023 PURSUANT TO CEQA GUIDELINE 15378
WHEREAS, Government Code Section 54972 requires that on or before December 31 of each year, the City Council of the Town of Hillsborough prepare an appointments list of all regular and ongoing boards, commissions, and committees that are appointed by the City Council (“Local Appointments List”); and
WHEREAS, Government Code Section 54972 further requires that the Local Appointments List contain (a) a list of all appointive terms that will expire during the next calendar year with the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position, and (b) a list of all boards, commissions, and committees whose members serve at the pleasure of the City Council and the necessary qualifications for each position; and
WHEREAS, Government Code Section 54973 requires that the Local Appointments List be made available to the public for a reasonable fee not exceeding actual cost and that the City Council designate the public library with the largest service population within the Town’s jurisdiction to receive a copy of the list; and
WHEREAS, Government Code Section 54974 requires that whenever an unscheduled vacancy occurs in any body on the Local Appointments List, a special vacancy notice be posted in the office of the City Clerk and in the designated library and in other places as directed by the City Council and that such posting and the subsequent appointment be made according to the time tables and procedures set forth in Section 54974.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Hillsborough that:

1. The Local Appointments List shall be that list attached hereto as Exhibit A and by reference incorporated herein.

2. Because there is no library within the jurisdiction of the Town, the Burlingame Main Public Library, 480 Primrose Road, Burlingame, and San Mateo Main Public Library, 55 West Third Avenue, San Mateo, California, which are located very near the Town and used extensively by Town residents, are hereby designated as the public libraries which shall receive a copy of the Local Appointments List.

3. The Local Appointments List shall be made available to members of the public at no charge, other than any copying or other nominal fee that may be imposed by the Burlingame Main Public Library or San Mateo Main Public Library. -174-
2 4. Whenever an unscheduled vacancy occurs on one of the committees or boards, a special vacancy notice shall be posted in the office of the City Clerk; on the Town’s three official bulletin boards; at the Burlingame Main Public Library, San Mateo Main Public Library and Hillsborough schools; on the Town’s website; and if time allows, the Town’s monthly e-Announcement, not earlier than 20 days before or not later than 20 days after the vacancy occurs. Appointment to that vacancy must not be made for at least 10 working days after posting of the special notice.

5. The appointment to any such special vacancy shall be made according to the posting and appointing timetables and procedures set forth in Government Code Section 54974 or successor provision.

6. This resolution shall be printed and posted upon the three official bulletin boards of the Town of Hillsborough.

Mayor of the Town of Hillsborough
Attest: City Clerk
This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 12th day of December 2022, by the following vote of the members thereof:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
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TOWN OF HILLSBOROUGH
BOARDS AND COMMITTEES – LOCAL APPOINTMENT LIST
List of boards and committees whose members serve at the pleasure of the City Council and the necessary qualifications for each board or committee.
1 of 2 Revised 12/7/2022

ADMINISTRATIVE HEARING PANEL (AHP)
Composition and Term Length: Up to five members for 3-year terms Meeting Schedule: monthly as needed
Qualifications: The preferred composition of the board shall be residents of the Town, or persons who own property “directly or indirectly”, familiar with the Town’s government and municipal code, with prior experience serving on committees or boards and an interest in fostering the Town’s beauty and property values.

Members Date Initially
Appointed
Term
Expires
Terms
Served
1 Robert Berger February 2015 December 2023 2
2 Jerome Hong September 2022 December 2024
3 Catherine “Kitty” Mullooly, Chair January 2016 December 2024 2 4 Lisa Stephenson January 20022 December 2024
5 David Weinberg January 2016 December 2024 2

ARCHITECTURE AND DESIGN REVIEW BOARD (ADRB)
Composition and Term Length: Five members plus one alternate for 3-year terms Meeting Schedule: Tuesday following 2nd Monday of every month Qualifications: Qualified electors from the town for two or more years and 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. Hillsborough Municipal Code Section

2.12.030
Members Date Initially
Appointed
Term
Expires
Terms
Served
1 Kathleen Egan October 2016 December 2024 1
2 Lionel Foster, Chair August 2012 December 2024 3
3 April Filer January 2021 December 2023
4 Yuvraj Gill October 2020 December 2025
5 Bee Hui Yeh January 2023 December 2025
Alternate Benoit Delaveau January 2021 December 2023

CITIZENS COMMUNICATION ADVISORY COMMITTEE (CCAC)
Composition and Term Length: Five members for 3-year terms Meeting Schedule: Tuesday following 2nd Monday of each month Qualifications: Hillsborough residents who are familiar with the Town and possess a desire to assist the Town in its communications with the residents.

Members Date Initially
Appointed
Term
Expires
Terms
Served
1 Anne Baxter January 2015 December 2023 2
2 Mary Ellen Benninger January 2016 December 2024 2
3 Julie Borden, Chair January 2010 December 2024 4
4 Ah Huang Chen January 2023 December 2023
5 Mahdad Nassiri March 2022 December 2024
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FINANCIAL ADVISORY COMMITTEE (FAC)
Composition and Term Length: Seven members for 3-year terms Meeting Schedule: Tuesday following 2nd Monday of every month Qualifications: Hillsborough residents who represent a broad spectrum of expertise from the fields of accountancy, investment management and fiscal control. Preferred qualifications include a familiarity with local government finance, prior experience serving on committees or boards, and an interest in advising the City Council and Town staff on financial matters.

Members Date Initially
Appointed
Term
Expires
Terms
Served
1 Charles F. “Chick” Adams, Chair June 2021 December 2025 2 Jeffrey Baxter April 2013 December 2024 3
3 Joel Friedman January 2019 December 2024 1
4 Michele Gutierrez March 2019 December 2024
5 Catherine Lee January 2022 December 2024
6 Tom Maloney December 2017 December 2023 1
7 Vacant December 2023
For information about serving on a board or committee, contact the City Clerk at 650-375-7421, [email protected] or visit https://www.hillsborough.net/146/Boards-Committees. -177-

TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
5 CONSENT CALENDAR

CITY COUNCIL MEETING
DECEMBER 12, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: RECONFIRM FINDINGS AND DETERMINATIONS UNDER RESOLUTION NO. 21-87 PURSUANT TO ASSEMBLY BILL 361 AND CEQA GUIDELINE 15378 SUMMARY: On March 17, 2020, in the face of the COVID-19 pandemic, Governor Gavin Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow for local legislative bodies to conduct their meetings completely telephonically or by other electronic means.

The provisions in the Brown Act that were suspended by the Governor’s Executive Order are contained at Government Code Section 54953(b)(3) and require that when teleconferencing is used, outside of a statewide emergency, that the following occur:
• An agenda is required to be posted at all locations, including any teleconference locations • Each teleconference location must be identified on the actual agenda • Each teleconference location shall be accessible to the public • A quorum of the legislative body must be in the jurisdiction With the Governor’s Executive Order, the four above requirements were suspended allowing Councilmembers to not have to post an agenda at their teleconference location, not have to identify their location on the meeting agenda, not have to ensure public accessibility at the teleconference location, and the legislative body did not need a quorum in the jurisdiction. This has allowed the City Council, Administrative Hearing Panel, Architecture and Design Review Board, Citizens Communication Advisory Committee and Financial Advisory Committee meetings to be conducted by Zoom with Councilmembers, board/committee members and staff joining from remote virtual locations.

The suspension of certain provisions of the Brown Act was further extended by the Governor on June 11, 2021 by the issuance of Executive Order N-08-21 which continued to allow for complete virtual meetings until September 30, 2021.

With the expiration of the Governor’s Executive Order along with the uncertainty that surrounded the Governor’s potential recall, the State Legislature also took the remote meeting issue into its own hands through the adoption of Assembly Bill 361, which is explained in more depth in the Analysis section below.

On October 11, 2021, the City Council adopted Resolution No. 21-87, making findings that state or local officials continue to recommend social distancing measures to prevent the spread of COVID19 and including reference in particular to Cal-OSHA regulation 3205 which recommends physical -179-
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December 12, 2022

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distancing in the workplace. The adoption of this resolution was consistent with enacted Assembly Bill (AB) 361.

The City Council reconfirmed the findings of Resolution No. 21-87 on November 8, 2021, November 22, 2021, December 13, 2021, January 10, 2022, February 14, 2022, March 14, 2022, April 11, 2022, May 9, 2022, June 13, 2022, July 11, 2022, August 8, 2022, August 25, 2022, September 12, 2022, October 10, 2022, October 27, 2022 and November 14, 2022 as required by AB 361.

On March 14, 2022, the City Council also provided direction to staff on a planned hybrid meeting approach beginning with the April 11, 2022 City Council meeting.

ANALYSIS
On September 16, 2021, the Governor signed AB 361, which allows legislative bodies to meet virtually provided there is a state of emergency declared by the Governor, and either (1) state or local officials have imposed or recommended measures to promote social distancing; or (2) the legislative body determines by majority vote that meeting in person would present imminent risks to the health and safety of attendees.

At this time, staff is recommending a reconfirmation of the findings contained in Resolution No. 21- 87 to ensure that there is no gap in the ability of the City Council, boards and committees to attend virtually as necessary.

FISCAL IMPACT: The City Council’s approval of a motion to continue with virtual meetings will maintain the status quo and no financial impact is anticipated by approval of the motion. The move to hybrid meetings required additional technical equipment which has been purchased and installed.

ENVIRONMENTAL ISSUES: The City Council’s reconfirmation of the findings is not a project under the California Environmental Quality Act (CEQA) Guideline 15378(b)(5) as it constitutes an organizational or administrative activity of the government that will not result in direct or indirect physical changes in the environment.

ATTACHMENTS: Resolution No. 21-87
PREPARED BY: Christopher J. Diaz, City Attorney
RECOMMENDATION: Approve a motion to reconfirm the findings and determinations made in Resolution No. 21-87 pursuant to Assembly Bill 361, with acknowledgment that the California Department of Public Health has updated the definition of “close contact” in Regulation 3205 from being within six feet of another person to sharing the same indoor space with another person for 15 minutes or more, which further supports the findings. -180-
RESOLUTION NO. 21-87

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH MAKING FINDINGS AND DETERMINATIONS UNDER AB 361 FOR

THE CONTINUATION OF VIRTUAL MEETINGS FOR ALL LEGISLATIVE BODIES WHEREAS, the Ralph M. Brown Act (Gov. Code§ 54950 et seq.) generally requires local agencies meeting via teleconference, including through other virtual or electronic means, to, among other things, provide public access at each location in which members of the legislative body are teleconferencing; and
WHEREAS, the Legislature recently enacted Assembly Bill 361 (AB 361 ), which amended Government Code section 54953 to allow local agencies to meet fully virtually, without fully adhering to the rules otherwise applicable to teleconferencing, during a proclaimed state of emergency if state or local officials have imposed or recommended measures to promote social distancing; and
WHEREAS, the Governor issued a proclamation declaring a state of emergency on March 4, 2020 due to the COVID-19 pandemic, pursuant to section 8625 of the California Emergency Services Act, and this proclaimed state of emergency currently remains in effect; and
WHEREAS, the City Council of the Town of Hillsborough has considered the circumstances of the state of emergency; and
WHEREAS, state or local officials continue to recommend measures to promote social distancing to prevent the spread of COVID-19, in particular, Cal-OSHA regulation 3205 recommends physical distancing in the workplace generally and regulates a "close contact" defined as being within 6 feet of another under certain circumstances; and
WHEREAS, in order to continue to impose social distancing while holding in-person meetings there is a high likelihood that members of the public would not all be able to be present in the meetings spaces; and
WHEREAS, the continuation of virtual meetings will allow for full participation by members of the public until social distancing recommendations are no longer necessary; and
WHEREAS, the City Council of the Town of Hillsborough desires that all Town legislative bodies continue to hold virtual meetings pursuant to AB 361 and Government Code section 54953(e).

NOW, THEREFORE BE IT RESOLVED that the City Council of the Town of Hillsborough hereby finds, determines, and resolves as follows:
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1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.

2. The City Council and all other legislative bodies of the Town of Hillsborough who are required to hold open and public meetings, shall continue to meet virtually in accordance with Government Code section 54953(e) and without compliance with section 54953(b)(3) based upon the findings and determinations hereby made by the City Council.

3. This resolution shall become effective upon adoption.

This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 11th day of October 2021, by the following vote of the members thereof:

AYES: Councilmembers Royse, Kralik, Chuang, Cole
NOES: Councilmembers None
-------------------
ABSENT: Councilmembers Ma
-~-----------------
ABSTAIN: Councilmembers None
-------------------
-182-

TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
6 CONSENT CALENDAR

CITY COUNCIL MEETING
DECEMBER 12, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION DECLARING THE TOWN’S EXEMPT AND NON-EXEMPT SURPLUS LAND, PURSUANT TO GOVERNMENT CODE § 54221(b); AND INVENTORY REPORT OF THE SAME, PURSUANT TO GOVERNMENT CODE § 54230(a)(1) AND CEQA GUIDELINE 15378
SUMMARY: As of January 1, 2020, the Surplus Land Act (Government Code § 54220 et seq.), (the “Act”), requires, among other things, that on or before December 31 of each year, each county and city in the state must “make a central inventory of all surplus land within the jurisdiction of the county or city that the county or city or any of its departments, agencies, or authorities owns or controls” (the “Inventory List”), and immediately thereafter make the Inventory List available, without charge, to those who request it. The purpose of this report and the Inventory List is to comply with the Act, and to serve as a basis for the annual report that the Town must submit to the California Department of Housing and Community Development (“HCD”) by April 1 of each year, pursuant to Government Code § 54230(a)(2).

BACKGROUND AND ANALYSIS:

As noted above, the Act requires that “on or before December 31 of each year, each county and each city shall make a central inventory of all surplus land, as defined in subdivision (b) of Section 54221, and all lands in excess of its foreseeable needs, if any, identified pursuant to Section 50569, located in all urbanized areas and urban clusters, as designated by the United States Census Bureau, within the jurisdiction of the county or city that the county or city or any of its departments, agencies, or authorities owns or controls.” Government Code § 54230(a)(1). “Surplus land” is defined as “land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use.” Government Code § 54221(b)(1); see also § 54221(a)(1) (defining “local agency” to include cities).

To be “necessary for an agency’s use,” land must be “used, planned to be used pursuant to a written plan adopted by the local agency’s governing board for, or disposed of to support agency work or operations, including, but not limited to, utility sites, watershed property, land being used for conservation purposes, land for demonstration, exhibition, or educational purposes related to greenhouse gas emissions, and buffer sites near sensitive governmental uses, including, but not limited to, waste water treatment plants.” Government Code § 54221(c)(1). “Agency’s use” does not include “commercial or industrial uses or activities, including nongovernmental retail, entertainment, or office development.” Government Code § 54221(c)(2)(A). In addition, “property disposed of for the sole purpose of investment or generation of revenue shall not be considered necessary for the agency’s use.” -183-
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December 12, 2022

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Government Code § 54230(a)(2) provides guidance that “each county and each city” must report to HCD, “a description of each parcel described in such county or city’s Inventory List and the present use of the parcel by no later than April 1 of each year, as part of its annual progress report submitted pursuant to paragraph (2) of subdivision (a) of Section 65400.” Govt. C. § 54230(a)(2)(A). The inventory list must include the following information for each parcel of surplus land:
(i) Street address or similar location information;
(ii) Assessor’s parcel number;
(iii) Existing use;
(iv) Whether the site is surplus land or exempt surplus land1; and (v) Size in acres.

INVENTORY LIST:

FINDINGS:

Each of the four (4) parcels of property identified above and depicted pictorially in the attachments hereto and incorporated herein by reference (the “Surplus Properties”) are not necessary for the Town’s use, are currently not being put to any use by the Town, and the Town has no planned use for these Surplus Properties. Therefore, they are surplus land, as defined in Government Code §§ 54221(b).

While all of the Surplus Properties are (a) less than 5,000 square feet in area and (b) “not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purpose,” thus potentially rendering them exempt surplus land under Government Code § 54221(f)(1)(B), none of them are the subject of sale to an owner of contiguous land; in fact, none of them are the subject of sale to anyone. According to the statute, unless a parcel of potentially exempt surplus land is being sold to an owner of contiguous land, “it is not considered exempt surplus land and is subject to this article.” Therefore, unless and until these Surplus Properties are sold or contemplated to be sold to owners of contiguous land, they are not exempt from the Act, and would be considered surplus at this time.

FISCAL IMPACT: There is no fiscal impact associated with (i) declaring by resolution the Surplus Properties to be non-exempt surplus land, as defined in Government Code § 54221(b); and (ii) -184-
Agenda Staff Report - Hillsborough City Council
December 12, 2022

Page 3 ends

filing and receipt of the Inventory List. There is a nominal cost of Town staff time in making the Inventory List available free of charge to those who request a copy of it.

ENVIRONMENTAL ISSUES: The actions contemplated by this report do not constitute a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because they have no potential for resulting in physical change in the environment, directly or indirectly. The actions do not authorize any specific development or installation on any specific piece of property within the Town’s boundaries. Moreover, when and if an application for development is submitted, the Town will at that time conduct preliminary review of the application in accordance with CEQA. Alternatively, even if the above-described actions are a “project” within the meaning of State CEQA Guidelines section 15378, such actions would be exempt from CEQA review under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. (State CEQA Guidelines, Section 15061(b)(3)).

ATTACHMENTS:

1. Resolution and Exhibit A

2. Surplus Properties Site Maps
PREPARED BY: Liz Ruess, Long-range Planning & Special Projects RECOMMENDATION: Adopt the resolution declaring that the Surplus Properties are non-exempt surplus land, as defined in Government Code § 54221(b); and receive the filing of the Inventory List establishing the Town’s inventory of surplus land, pursuant to and in compliance with Government Code § 54230(a)(1).
-185-
RESOLUTION NO. 22-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH DECLARING THE TOWN’S EXEMPT AND NON-EXEMPT SURPLUS LAND, PURSUANT TO GOVERNMENT CODE § 54221(B); AND INVENTORY REPORT OF THE SAME, PURSUANT TO GOVERNMENT CODE § 54230(A)(1) AND CEQA GUIDELINES 15378 AND 15061(B)(3)
WHEREAS, the Town of Hillsborough (“Town”) is subject to the Surplus Land Act (Government Code § 54220 et seq.) (as newly amended, the “Act”), which requires, among other things, that on or before December 31 of each year, each county and city in the state must “make a central inventory of all surplus land within the jurisdiction of the county or city that the county or city or any of its departments, agencies, or authorities owns or controls” (the “Inventory List”), and immediately thereafter make the Inventory List available, without charge, to those who request it; and WHEREAS, the purpose of the Inventory List is to comply with the Act, and also to serve as a basis for the eventual housing progress report that the Town must submit, pursuant to Government Code § 65400, to the California Department of Housing and Community Development (“HCD”) by April 1 of each year, pursuant to newly amended Government Code § 54230(a)(2) (the “Housing Progress Report”); and
WHEREAS, “surplus land” is defined in the Act as “land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use”; and
WHEREAS, based on this definition and the several categories of “exempt surplus land” as set forth in Government Code § 54221(f), the Town has determined that it owns four (4) parcels of land that should be included on the Inventory List; and
WHEREAS, the Act does not specify what information must be included in the Inventory List, but the information about surplus land that is required for the Housing Progress Report pursuant to Government Code § 54230(a)(2) includes: (i) the street address or similar location information; (ii) assessor’s parcel number; (iii) existing use; (iv) whether the site is surplus land or exempt surplus land; and (v) size in acres; and WHEREAS, the Inventory List, in compliance with Government Code § 54230, is attached hereto as Exhibit “A.”
NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby finds, determines, and orders as follows:

1. The recitals set forth above are true and correct and are incorporated into this Resolution by reference.
-186-
ATTACHMENT 1
2 2. Each of the four (4) parcels of property on the Inventory List (the “Surplus Properties”) are not necessary for the Town’s use, are currently not being put to any use by the Town, and the Town has no planned use for these Surplus Properties.

3. All of the Surplus Properties, at this time, are non-exempt surplus land, as defined in Government Code §§ 54221(b).

4. Based on the true and correct written findings found in this Resolution and incorporated herein by reference, the City Council hereby authorizes the listing of the Surplus Properties on the Inventory List created by Town staff pursuant to and in compliance with Government Code § 54230(a)(1).

5. The declaration of the Surplus Properties as surplus and listing of such Surplus Properties on the Inventory List are exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines § 15378, because they have no potential for resulting in physical change in the environment, directly or indirectly. The actions do not authorize any specific development or installation on any specific piece of property within the Town’s boundaries. Moreover, when and if an application for development is submitted, the Town will at that time conduct preliminary review of the application in accordance with CEQA. Alternatively, even if the above-described actions are a “project” within the meaning of State CEQA Guidelines section 15378, such actions would be exempt from CEQA review under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. (State CEQA Guidelines, Section 15061(b)(3)).

6. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution.

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-187-

EXHIBIT A

INVENTORY LIST
Location / Name APN Existing Use Non-Exempt/Exempt Size (in acres)
Armsby @ Jackling
(Thin Strip)
027-340-260 Buffer Strip Non-Exempt 0.02
Armsby @ Jackling
(Remaining Border with
Burlingame)
027-340-270 Buffer Strip Non-Exempt 0.07
Knollcrest (Knollcrest
Island)
030-233-010 Landscape
Island
Non-Exempt 0.08
West of end of Cornelia
(Cornelia/Whitwell
Triangle Remainder)
030-233-010 Landscape
Island
Non-Exempt 0.18
-188-
! ! ! !
! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !
!
!
!
!
!
!
! ! ! ! ! ! !
!
!

FAGAN DR

JACKLING DR

ARMSBY WAY
1225
Jackling Dr
1225
Armsby Dr
10 Fagan Dr 1200
Jackling Dr
LEGEND

TOWN OWNED PROPERTY
PARCEL

WATER LINE
! ! STORM DRAIN LINE

SANITARY SEWER LINE

TOWN LIMITS
W:\GIS\TOWN_DATA\MISC\MXD\2019_08\TOWN_OWNED_PROPERTIES_MAPBOOK_V2.MXD - 8/13/2019 2:44:22 PM GENERAL PLAN DESIGNATION: Misc land
LOCATION: Armsby @ Jackling
USE: Buffer strip
APN: 027-340-260
ACREAGE: 0.02
ANNUAL MAINTENANCE COST:

PROPERTY DESCRIPTION
Misc. land

PROPERTY RESTRICTIONS AND CHARACTERISTICS
Adjacent to a City of Burlingame property
BUILDING YEAR BUILT SQ. FT. CONSTRUCTION
Property Type: Other Properties
Property Category: Misc land
Site Number: 33
Site Name: Thin strip
0 I
25 50

SCALE IN FEET
53 -299- -189-
ATTACHMENT 2
!
! ! !

VANCOUVER AVE

BROADWAY

ARMSBY WAY
1225
Armsby Dr
1245
Armsby Dr
1200
Jackling Dr
LEGEND

TOWN OWNED PROPERTY
PARCEL

WATER LINE
! ! STORM DRAIN LINE

SANITARY SEWER LINE

TOWN LIMITS
W:\GIS\TOWN_DATA\MISC\MXD\2019_08\TOWN_OWNED_PROPERTIES_MAPBOOK_V2.MXD - 8/13/2019 2:44:24 PM GENERAL PLAN DESIGNATION: Misc land
LOCATION: Armsby @ Broadway
USE: Remainder
APN: 027-340-270
ACREAGE: 0.07
ANNUAL MAINTENANCE COST:

PROPERTY DESCRIPTION
Misc. land

SCALE IN FEET
54 -300- -190-

KNOLLCREST RD
40 Lookout Rd
1345
Brandt Rd
1355
Brandt Rd
1335
Brandt Rd
30 Knollcrest Rd
1338
Marlborough Rd
1320
Marlborough Rd
35 Knollcrest Rd
25 Knollcrest Rd
LEGEND

TOWN OWNED PROPERTY
PARCEL

WATER LINE
! ! STORM DRAIN LINE

SANITARY SEWER LINE

TOWN LIMITS
W:\GIS\TOWN_DATA\MISC\MXD\2019_08\TOWN_OWNED_PROPERTIES_MAPBOOK_V2.MXD - 8/13/2019 2:44:41 PM GENERAL PLAN DESIGNATION: Misc land
LOCATION: Knollcrest
USE: Landscape island
APN: 030-233-010
ACREAGE: 0.08
ANNUAL MAINTENANCE COST:

PROPERTY DESCRIPTION
Misc. land

PROPERTY RESTRICTIONS AND CHARACTERISTICS
Island in street
Partially landscaped
BUILDING YEAR BUILT SQ. FT. CONSTRUCTION
Property Type: Other Properties
Property Category: Misc land
Site Number: 40
Site Name: Knollcrest Island
0 I
25 50

SCALE IN FEET
60 -301- -191-
!
!
!

CORNELIA DR

WHITEWELL RD
75 Bates Rd
1052
Whitwell Rd
105
Cornelia Dr
1056
Whitwell Rd
1180
Marlborough Rd
100
Cornelia Dr
1048
Whitwell Rd
LEGEND

TOWN OWNED PROPERTY
PARCEL

WATER LINE
! ! STORM DRAIN LINE

SANITARY SEWER LINE

TOWN LIMITS
W:\GIS\TOWN_DATA\MISC\MXD\2019_08\TOWN_OWNED_PROPERTIES_MAPBOOK_V2.MXD - 8/13/2019 2:44:44 PM GENERAL PLAN DESIGNATION: Misc land
LOCATION: West of end of Cornelia
USE: Remainder
APN: 031-104-090
ACREAGE: 0.18
ANNUAL MAINTENANCE COST:

PROPERTY DESCRIPTION
Misc. land

PROPERTY RESTRICTIONS AND CHARACTERISTICS
Land locked
Easement for ingress and egress - privately maintained
No utilities in the area
BUILDING YEAR BUILT SQ. FT. CONSTRUCTION
Property Type: Other Properties
Property Category: Misc land
Site Number: 41
Site Name: Cornelia/Whitwell Triangle
0 I
30 60

SCALE IN FEET
61 -302- -192-

TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
7 CONSENT CALENDAR

CITY COUNCIL MEETING
DECEMBER 12, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO

AMEND AGREEMENTS WITH MIG, WRA AND LAMPHIER-GREGORY FOR ON-CALL

ENVIRONMENTAL CONSULTING SERVICES PURSUANT TO CEQA GUIDELINE 15378
SUMMARY: To streamline minor environmental review processes and provide the Town and project applicants with a variety of on-call experts to provide environmental support services, staff issued a Request for Proposal (RFP) for general on-call environmental services to seven environmental consulting firms in August 2019. The RFP outlined that the Town is seeking consulting and/or expert opinion services for small projects, rather than preparation of Negative Declarations or Environmental Impact Reports for more significant projects.

Having pre-approved agreements with environmental firms providing a multitude of experts in various fields allows the Town to assist applicants pursuing projects involving environmental issues (including but not limited to biological, geological, or historic resources) in a more expedient time frame than if individual project-based agreements needed to be obtained. While the Town is fortunate to have highly qualified individual experts in the fields of biology and historic resources on contract currently, there are occasions where the Town’s existing consultants are unavailable, have a conflict of interest, or where a peer review may be appropriate.

On October 14, 2019, the City Council approved and authorized the City Manager on behalf of the Town to execute agreements with MIG, WRA and Lamphier-Gregory. Staff would continue to utilize an independent RFP process for preparation of environmental documents for larger projects and is requesting to extend these agreements for a term of three additional years.

The in-place contracts have provided significant permit streamlining benefits over the last several years. Staff is recommending continuation of this approach for another three-year period, providing additional resources and diversity of skills. The proposed agreements provide varying effective dates to allow for immediate and continuing use of the consultants in the event of City Council approval and authorization, and a uniform termination date for ease of contract management.

All three firms (MIG, WRA and Lamphier-Gregory) have impressive, varying, and expansive qualified resources to provide environmental support services and can, therefore, provide a wide range of technical expertise on an on-call and as-needed basis. The RFP indicates that any awarded contract would not guarantee any level of work and would be based on time and materials.
-193-
Agenda Staff Report - Hillsborough City Council
December 12, 2022

Page 2 ends

FISCAL IMPACT: The proposed amount would be accommodated under the existing budget as costs associated with environmental review would be paid for by deposit accounts funded by applicants.

ATTACHMENTS:

1. Resolution

2. Amended Agreements
PREPARED BY: Liz Ruess, Long-range Planning & Special Projects RECOMMENDATION: Adopt the resolution approving and authorizing the City Manager to amend agreements with MIG, WRA and Lamphier-Gregory for on-call environmental consulting services in an amount not to exceed $50,000 per agreement.
-194-
RESOLUTION NO. 22-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

APPROVING AND AUTHORIZING THE CITY MANAGER TO AMEND AGREEMENTS

WITH MIG, WRA AND LAMPHIER-GREGORY FOR ON-CALL ENVIRONMENTAL CONSULTING SERVICES PURSUANT TO CEQA GUIDELINE 15378
WHEREAS, in order to streamline minor environmental review processes and provide the Town of Hillsborough (“Town”) and project applicants with a variety of on-call experts to provide environmental support services, staff issued a Request for Proposal (RFP) for general on-call environmental services to seven environmental consulting firms; and
WHEREAS, having pre-approved agreements with environmental firms with a multitude of experts in various fields allows the Town to assist applicants pursuing projects involving environmental issues in a more expedient time frame; and
WHEREAS, in response to the RFP issued on August 16, 2019, four firms submitted proposals. MIG, WRA and Lamphier-Gregory have expansive qualified resources and therefore can provide a variety of technical expertise on an on-call and as-needed basis; and
WHEREAS, staff is recommending that the City Council approve and authorize the City Manager to execute agreements with MIG, WRA and Lamphier-Gregory in an amount not to exceed $50,000 annually each for on-call environmental consulting services; and
WHEREAS, the proposed amounts would be accommodated under the existing budget as costs associated with environmental review would be paid for by deposit accounts funded by applicants.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby approves and authorizes the City Manager to execute amendments to the existing agreements with MIG, WRA and Lamphier-Gregory through December 31, 2025 for on-call environmental consulting services in an amount not to exceed $50,000 annually per agreement.

AYES: Councilmembers
-195-
ATTACHMENT 1
2 NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-196-
61236.01400\40882918.1
AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES
THIS AMENDMENT No. 1 is made as of the day of ______________, 2022, by and between the TOWN OF HILLSBOROUGH (hereinafter referred to as "TOWN") and MIG, a Corporation with its principal place of business at 2635 North First Street, Suite 149, San Jose, CA 95134 (hereinafter referred to as "CONSULTANT").

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. Section 5 Time of Performance, is hereby amended to read as follows:
“The term of this Agreement shall be from January 1, 2020 to December 31, 2025, unless earlier terminated as provided herein. Consultant shall complete the services within the term of this Agreement, and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the Town. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.”

2. Except as otherwise specifically set forth in this Amendment No. 1, all of the provisions of the Agreement, shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers as of the day and year first above written. -197-
ATTACHMENT 2
61236.01400\40882918.1

Page 2 of 2 ends

TOWN OF HILLSBOROUGH
By: Ann E. Ritzma
___________________________
City Manager
Approved as to form:
___________________________
City Attorney
MIG, Inc.

By: ___________________________
Title: ___________________________
By: ___________________________
Title: ___________________________
-198-
61236.01400\40882908.1
AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES
THIS AMENDMENT No. 1 is made as of the day of ______________, 2022, by and between the TOWN OF HILLSBOROUGH (hereinafter referred to as "TOWN") and WRA, a Corporation with its principal place of business at 4225 Hollis Street, Emeryville, CA 94608 (hereinafter referred to as "CONSULTANT").

RECITALS
WHEREAS, the TOWN and the CONSULTANT, previously entered into that certain Contract for Professional Services dated November 13, 2019 (“Agreement”) for on-call environmental consulting services to provide environmental review services and technical assistance; and WHEREAS, the TOWN and the CONSULTANT, now wish to extend the time of performance.

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. Section 5 Time of Performance, is hereby amended to read as follows:
“The term of this Agreement shall be from November 13, 2019 to December 31, 2025, unless earlier terminated as provided herein. Consultant shall complete the services within the term of this Agreement, and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the Town. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.”

2. Except as otherwise specifically set forth in this Amendment No. 1, all of the provisions of the Agreement, shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers as of the day and year first above written. -199-
61236.01400\40882908.1

Page 2 of 2 ends

TOWN OF HILLSBOROUGH
By: Ann E. Ritzma
___________________________
City Manager
Approved as to form:
___________________________
City Attorney
WRA
By: ___________________________
Title: ___________________________
By: ___________________________
Title: ___________________________
-200-
61236.01400\40882864.1
AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES
THIS AMENDMENT No. 1 is made as of the day of ______________, 2022, by and between the TOWN OF HILLSBOROUGH (hereinafter referred to as "TOWN") and Lamphier-Gregory, a Corporation with its principal place of business at 1944 Embarcadero, Oakland, CA 94606 (hereinafter referred to as "CONSULTANT").

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. Section 5 Time of Performance, is hereby amended to read as follows:
“The term of this Agreement shall be from January 1, 2020 to December 31, 2025 unless earlier terminated as provided herein. Consultant shall complete the services within the term of this Agreement, and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the Town. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.”

2. Except as otherwise specifically set forth in this Amendment No. 1, all of the provisions of the Agreement, shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers as of the day and year first above written. -201-
61236.01400\40882864.1

Page 2 of 2 ends

TOWN OF HILLSBOROUGH
By: Ann E. Ritzma
___________________________
City Manager
Approved as to form:
___________________________
City Attorney
Lamphier-Gregory, Inc.

By: ___________________________
Title: ___________________________
By: ___________________________
Title: ___________________________
-202-

TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
8 CONSENT CALENDAR

CITY COUNCIL MEETING
DECEMBER 12, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO

AMEND AN AGREEMENT WITH M-GROUP FOR PROFESSIONAL PLANNING SERVICES PURSUANT TO CEQA GUIDELINE 15378
SUMMARY: At the October 14, 2019 City Council meeting the City Council approved a three-year professional services contact with M-Group for the purpose of providing on-call planning services to the Building & Planning Department. In April 2021 the Town amended the contract with M-Group increasing the not-to-exceed amount for calendar year 2020 from $50,000 to $82,500 and increasing the not-to-exceed amount for calendar year 2021 from $50,000 to $125,000 for on call professional planning services.

Beginning in 2019 the Governor has signed into law numerous bills related to Accessory Dwelling Units (ADUs), which make it easier for these types of units to be approved. State law truncates the review process timeline and mandates that jurisdictions permit ADUs that meet certain objective design criteria. As a result, beginning in mid-2020 the Department began to see a significant interest in ADUs and corresponding uptick in ADU applications.

In August 2020, under the existing contract, the Building & Planning Department requested on-call planning services from M-Group for assistance with the processing ADU applications. By the end of calendar year 2020 the Department had experienced an overwhelming 220% increase in ADU applications over calendar year 2019, which generated substantial additional workload.

Over the last two years the Building & Planning Department has continued to see a significant increase in ADU application submittals, and the Town has relied on the on-call planning services from M-Group, who have been providing a consultant to serve as the Town’s ADU Specialist to review and process all ADU applications.

Staff is recommending that the City Council approve and authorize the City Manager to amend an agreement with M-Group through December 31, 2023, in an amount not to exceed $125,000 for on-call professional planning services to allow continuation of the ADU Specialist services and ensure the timely review of ADU applications in accordance with State law.

FISCAL IMPACT: The proposed amount would be accounted for under the Department budget at $125,000 annually for on-call consulting services.

ENVIRONMENTAL ISSUES: California Environmental Quality Act (CEQA) Guidelines sections 15378(b)(2) and 15378(b)(5) provide that ongoing administrative activities and organizational or administrative activities of governments that will not result in direct or indirect physical changes in -203-
Agenda Staff Report - Hillsborough City Council
December 12, 2022

Page 2 ends

the environment do not constitute a “project” as defined by the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) and are therefore exempt from CEQA and no further environmental review is required.

ATTACHMENTS:

1. Resolution

2. Amended Agreement
PREPARED BY: Liz Ruess, Long-range Planning & Special Projects RECOMMENDATION: Adopt the resolution approving and authorizing the City Manager to amend a multi-year agreement with M-Group for professional planning services. -204-
RESOLUTION NO. 22-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

APPROVING AND AUTHORIZING THE CITY MANAGER TO AMEND AN

AGREEMENT WITH M-GROUP FOR PROFESSIONAL PLANNING SERVICES PURSUANT TO CEQA GUIDELINE 15378
WHEREAS, in October 2019 the Town of Hillsborough (“Town”) entered into a multiyear agreement with M-Group for on call professional planning services; and
WHEREAS, in April 2021 the Town amended the agreement with M-Group increasing the not-to-exceed amount for calendar year 2020 from $50,000 to $82,500 and increasing the not-to-exceed amount for calendar year 2021 from $50,000 to $125,000 for on call professional planning services; and WHEREAS, since 2019 the Governor has signed into law numerous bills related to Accessory Dwelling Units (ADUs), which make it easier for these types of units to be approved; and
WHEREAS, over the last two years the Building & Planning Department has continued to see a significant increase in ADU application submittals, and the Town has relied on the on-call planning services from M-Group; and WHEREAS, M-Group has been providing a consultant to serve as the Town’s ADU Specialist to review and process all ADU applications ensuring the timely review of ADU applications in accordance with State law; and WHEREAS, staff is recommending that the City Council approve and authorize the City Manager to execute an agreement with M-Group in an amount not to exceed $125,000 annually each for professional planning services; and WHEREAS, the proposed amounts would be accounted for under the Department budget.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby approves and authorizes the City Manager to execute an amendment to an existing agreement with M-Group through December 31, 2023 for oncall professional planning services in an amount not to exceed $125,000, to ensure the timely review of ADU applications in accordance with State law.

Mayor of the Town of Hillsborough
Attest: City Clerk
This resolution was adopted by the City Council of the Town of Hillsborough at its -205-
ATTACHMENT 1
2 regular meeting held on the 12th day of December 2022, by the following vote of the members thereof:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-206-
61236.01400\40883014.1
AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES
THIS AMENDMENT No. 1 is made as of the day of ______________, 2022, by and between the TOWN OF HILLSBOROUGH (hereinafter referred to as "TOWN") and M-Group, a Corporation with its principal place of business at 307 Orchard City Drive, Suite 100, Campbell, CA 95008 (hereinafter referred to as "CONSULTANT").

RECITALS
WHEREAS, the TOWN and the CONSULTANT, previously entered into that certain Contract for Professional Services dated October 31, 2019 (“Agreement”) for on-call environmental consulting services to provide environmental review services and technical assistance with a term from October 2019 to December of 2022 in an amount not to exceed $50,000 annually, or $150,000 for the term of the Agreement; and
WHEREAS, the TOWN and the CONSULTANT, previously sought to increase the not-to-exceed amount for calendar year 2020 from $50,000 to $82,500 and increase the not-to-exceed amount for calendar year 2021 from $50,000 to $125,000, and further now wish to set the not-to-exceed amount at $125,000 annually, and wish to extend the time of performance.

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. Section 2(b) Compensation is hereby amended to read as follows:
“b. In no event shall the total amount paid for services rendered by Consultant under this Agreement and all Task Orders issued hereunder exceed the sum of $82,500 for calendar year 2020, $125,000 for calendar year 2021, and an amount not to exceed $125,000 for calendar year 2023. This amount is to cover all printing and related costs, and the Town will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a -207-
ATTACHMENT 2
61236.01400\40883014.1

Page 2 of 3 ends

monthly billing basis.”

2. Section 5 Time of Performance, is hereby amended to read as follows:
“The term of this Agreement shall be from October 15, 2019 to December 31, 2023, unless earlier terminated as provided herein. Consultant shall complete the services within the term of this Agreement, and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the Town. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.”

3. Except as otherwise specifically set forth in this Amendment No. 1, all of the provisions of the Agreement, shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers as of the day and year first above written.

TOWN OF HILLSBOROUGH
By: Ann E. Ritzma
___________________________
City Manager
Approved as to form:
___________________________
City Attorney
M-Group
By: ___________________________
Title: ___________________________
By: ___________________________
Title: ___________________________
-208-

TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
9 CONSENT CALENDAR

CITY COUNCIL MEETING
DECEMBER 12, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: INTRODUCTION OF AN ORDINANCE AMENDING CHAPTERS 15.02, 15.03,

15.04, 15.06, 15.07, 15.08, 15.10, 15.12, 15.16, 15.17, 15.19 AND 15.20 OF THE HILLSBOROUGH MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2022 CALIFORNIA BUILDING STANDARDS CODE, CONSISTING OF THE 2022 CALIFORNIA ADMINISTRATIVE CODE, THE 2022 CALIFORNIA BUILDING CODE, THE 2022 CALIFORNIA RESIDENTIAL CODE, THE 2022 CALIFORNIA ELECTRICAL CODE, THE 2022 CALIFORNIA MECHANICAL CODE, THE 2022 CALIFORNIA PLUMBING CODE, THE 2022 CALIFORNIA ENERGY CODE, THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, THE 2022 CALIFORNIA EXISTING BUILDING CODE, THE 2022 CALIFORNIA HISTORICAL BUILDING CODE, THE 2022 CALIFORNIA REFERENCED STANDARDS CODE, THE 2022 CALIFORNIA FIRE CODE, AND THE 2021 INTERNATIONAL FIRE CODE; AND SETTING JANUARY 9, 2023

AS THE PUBLIC HEARING DATE FOR ADOPTION OF THE ORDINANCE CONSISTENT WITH GOVERNMENT CODE SECTION 50022.3; PURSUANT TO CEQA GUIDELINES 15061(B)(3) AND 15378
SUMMARY: Construction Codes are required by the State Legislature to be adopted every three years in conjunction with the most current codes being published by the Model Code Groups. The State agencies, such as the Department of Housing and Community Development, are then required by law to amend these codes as they see fit. Local jurisdictions, such as Hillsborough, then have 180 days to further amend the State Codes before they take effect. However, jurisdictional amendments and current amended sections of the Municipal Code can only be held to be valid if they are more restrictive than the newly adopted State laws.

Updates to Title 15 of the Hillsborough Municipal Code ensure the Town is making use of the most recent State Codes and because the State Codes will be more restrictive than various components of the current local code. It is also important to be able to clearly identify a need to amend based on one of the following three findings: climatic, geological, topographical, or environmental conditions. In the case of the Town of Hillsborough, relevant findings are based on rainfall, soil conditions, topography, and earthquake potential. State codes by default go into effect on January 1, 2023, and the local amendments are effective January 1, 2023 with the adoption of Urgency Ordinance No. 786 on November 28, 2022, to ensure that local amendments necessary for the protection of the public health, safety and welfare go into effect immediately. Following the introduction of the regular ordinance on December 12, 2022 and adoption on January 9, 2023, the amendments will be effective in 30 days.

The Building and Fire Departments have worked with jurisdictions throughout the State of California to establish consistent standards to minimize the impact that varying standards might have on development and redevelopment of residential, institutional, and commercial buildings. -211-
Agenda Staff Report - Hillsborough City Council
December 12, 2022

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Statewide discussions continue regarding potential code amendments related to building construction, vegetation management and enforcement requirements for recognized areas in soon-to-be updated State WUI fire risk maps to ensure enhanced community protection from wildfires. It is only through high building standards and effective fire prevention and containment programs that citizens will receive appropriate protection.

Notable Mandatory Changes for California 2022 Code Cycle Building Standards
Windows: No significant changes.

Water Heating: If propane or gas appliance is used then a dedicated 30-amp circuit must be installed 3’ from the unit for future electric appliance.

Heating and Cooling: If propane or gas appliance is used then a dedicated 240V branch circuit must be installed 3’ from the unit for future electric heat pump.

Electric Cooktop Ready: If propane or gas appliance is used then a dedicated 240V branch circuit must be installed 3’ from the unit with a minimum 50-amp rating for future electric cooktop appliance.

Electric Clothes Dryer Ready: If propane or gas appliance is used then a dedicated 240V branch circuit with a 30-amp minimum must be installed 3’ from the unit for future electric appliance.

In May 2022, the Town adopted an All Electric Preferred Mixed Fuel Reach Code. The adoption of the 2022 California Energy Code will bring the California Energy Code closer to the minimum requirements of our adopted Reach Code, but the Town's Reach Code is still more restrictive. After the 2022 adoption is fully implemented, staff will evaluate our current Reach Code for future amendments.

Fire Code Update
Fire alarm system: New fire alarm systems to be certified by an Underwriters Laboratory-listed fire alarm company.

Fire protection systems: fire control rooms in new buildings, clarification of fire sprinkler requirements including enhanced sprinkler protection over electric vehicle charging stations.

California Green Building Standards: No significant changes.

Photo Voltaic: No significant changes.

California Residential Code Updates: No significant changes.

California Mechanical Code Updates: No significant changes. -212-
Agenda Staff Report - Hillsborough City Council
December 12, 2022

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California Electrical Code Updates: No significant changes.

California Plumbing Code Updates: No significant changes.

FISCAL IMPACT: There is no fiscal impact associated with this agenda item.

ENVIRONMENTAL ISSUES: The proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project which has the potential for causing a significant effect on the environment pursuant to CEQA Guideline 15061(b)(3). The proposed action is also exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines sections 15378(b)(2) and 15378(b)(5) as ongoing administrative or organizational activities that will not result in direct or indirect physical changes in the environment.

ATTACHMENTS: Ordinance
PREPARED BY: Tim Anderson, Assistant Director of Building & Planning and Christine Reed, Fire Marshal
RECOMMENDATION:

1. Introduce and waive further reading of the ordinance titled "An Ordinance of the City Council of the Town of Hillsborough Amending Chapters 15.02, 15.03, 15.04, 15.06, 15.07, 15.08, 15.10,

15.12, 15.16, 15.17, 15.19 and 15.20 of the Hillsborough Municipal Code and Adopting by Reference the 2022 California Building Standards Code, Consisting of the 2022 California Administrative Code, the 2022 California Building Code, the 2022 California Residential Code, the 2022 California Electrical Code, the 2022 California Mechanical Code, the 2022 California Plumbing Code, the 2022 California Energy Code, the 2022 California Green Building Standards Code, the 2022 California Existing Building Code, the 2022 California Historical Building Code, the 2022 California Referenced Standards Code, the 2022 California Fire Code, and the 2021 International Fire Code;" and

2. Set January 9, 2023 as the public hearing date for adoption of the ordinance consistent with Government Code Section 50022.3.
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1 ORDINANCE NO. ___

ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH AMENDING CHAPTERS 15.02, 15.03, 15.04, 15.06, 15.07, 15.08, 15.10, 15.12, 15.16, 15.17,

15.19 AND 15.20 OF THE HILLSBOROUGH MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2022 CALIFORNIA BUILDING STANDARDS CODE,
CONSISTING OF THE 2022 CALIFORNIA ADMINISTRATIVE CODE, THE 2022 CALIFORNIA BUILDING CODE, THE 2022 CALIFORNIA RESIDENTIAL CODE, THE 2022 CALIFORNIA ELECTRICAL CODE, THE 2022 CALIFORNIA MECHANICAL CODE, THE 2022 CALIFORNIA PLUMBING CODE, THE 2022 CALIFORNIA ENERGY CODE, THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, THE 2022 CALIFORNIA EXISTING BUILDING CODE, THE 2022 CALIFORNIA HISTORICAL BUILDING CODE, THE 2022 CALIFORNIA REFERENCED STANDARDS CODE, THE 2022 CALIFORNIA FIRE CODE, AND THE 2021 INTERNATIONAL FIRE CODE PURSUANT TO CEQA GUIDELINES 15061(B)(3) AND 15378

THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH HEREBY FINDS AND ORDAINS:

WHEREAS, pursuant to Government Code section 50022.1 et seq., the Town of Hillsborough (“Town”) may adopt by reference the California Building Standards Code, 2022 Edition as provided in Title 24 of the California Code of Regulations, consisting of the Building Standards Code, Building Code, Residential Code, Electrical Code, Mechanical Code, Plumbing Code, Energy Code, Green Code, Historical Building Code, Fire Code and International Fire Code without limitation, the (collectively, the “Uniform Codes”)1.

WHEREAS, on January 1, 2023, the California Building Standards Commission (“Commission”) will adopt the 2022 Edition of the California Building Standards Code; and WHEREAS, the City Council has determined enforcement of the most current editions of the California Building Standards Code with local amendments thereof, as recited herein as certain minimum standards are necessary for the protection of the public health, safety and welfare of citizens of the Town; and,
WHEREAS, the adoption of the State Building Codes in their most current editions is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) and 15378 of the State CEQA Guidelines; and
WHEREAS, pursuant to Health and Safety Code Sections 17958.5 and 17958.7 a Town may make such modifications in the requirements of the regulations, adopted pursuant to Health and Safety Code Section 17922, as it determines to be reasonably necessary because of local climatic, geological or topographic conditions; and
1 Deletions are shown in strikethrough format and new additions are shown in underline format. Note to the Codifier: Please do not codify any strikethrough or deleted text, but please do codify existing unchanged text and all underlined text in this ordinance.
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2 WHEREAS, the Town’s unique climatic, geological and topographical conditions make it reasonably necessary for the Town to enact amendments to the adoption of the 2022 California Building Standards Code; and
WHEREAS, the Town’s Building Department and the Central County Fire District has recommended that changes and modifications be made to the California Building Standards Code, and have advised that certain changes and modifications to said Code are reasonably necessary due to local conditions within the Town, and have further advised that the remainder of the said changes and modifications are of an administrative or procedural nature, or concern themselves with subjects not covered by the Code, or are reasonably necessary to safeguard life and property within the Town; and
WHEREAS, the Town’s Building Department and the Central County Fire District has also recommended that changes and modifications be made to the California Building Standards Code, which are necessary for administrative clarification and to establish administrative standards for the effective enforcement of the building standards of the Town and do not modify a building standard pursuant to California Health & Safety Code Sections 17958, 17958.7, and/or 18941.5; and
WHEREAS, the City Council intends to adopt this ordinance by reference pursuant to Government Code Section 50022.3 and will set the public hearing for consideration of this ordinance to be held on Monday, January 9, 2023; and
WHEREAS, the City Council finds that adoption of this Ordinance is required in order to protect the public peace, health and safety of its residents by adopting updated building standards in the Town; and
WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.

NOW, THEREFORE, the City Council of the Town of Hillsborough does ordain as follow:

Section 1. Incorporation of Recitals.

The City Council hereby finds that all of the foregoing recitals and the staff report presented herewith are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

Section 2. Findings.

The City Council finds and declares that there are distinct and unique characteristics of the Town of Hillsborough with regard to local climatic, geological, topographical or environmental conditions which make it desirable for reasons of public health, safety, and welfare to adopt the provisions of this ordinance, which provide certain more stringent standards than those which would otherwise apply under the 2022 California Building Standards, Title 24 of the California Code of Regulations. The below listed findings apply to all of the changes and modifications made to the California Residential, Building, and Fire Code, 2022 editions, by this ordinance.

Specifically, the Town of Hillsborough finds as follows:
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3 I. CLIMATIC CONDITIONS.

In the Town, normally the months of May through September have no rain and abundant sun, drying out the great quantities of vegetation present everywhere in Town and providing an extensive fuel source for fires.

II. GEOLOGICAL CONDITIONS.

The Town’s western boundary is within a few miles of the San Andreas Fault, one of the major seismic faults running through California. An earthquake along the San Andreas Fault, or along any of the other numerous seismic faults elsewhere in the Bay Area, could break gas, electrical, and water lines, increasing the chance of fires and impairing the ability to fight them.

Experts have cautioned that one or more major earthquakes in the Bay Area, affecting the whole region, are inevitable and will probably happen sometime within the next several decades.

III. TOPOGRAPHICAL CONDITIONS.

The Town’s hilly topography, numerous cul-de-sacs, winding narrow roads, numerous canyons, high proportion of landscaped areas to hardscape areas within the developed portions of the Town, and substantial areas of open space with dense, natural vegetation all mean that there are substantial areas throughout Town where urban and wildland areas abut and which have the potential for fires that could spread quickly over a wide area and threaten many homes and inhabitants. The unique topography and soil conditions also add to storm water and erosion issues.

Section 3. Amendment.

A. Section 15.02.020(A) of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.02.020 Adoption
A. The rules, regulations, and standards printed in the 2022 2019 California Administrative Code, as contained in the California Building Standards Code are hereby adopted as the rules, regulations, and standards for the Town of Hillsborough as to all matters contained therein, except as otherwise provided herein.”
B. Section 15.03.020 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.03.020 Adoption of California Residential Code, Title 24, Part 2.5 The rules, regulations and requirements published by the International Code Council (ICC) in the 2022 2019 California Residential Code, based on the 2018 2021 International Residential Code, including Appendix Chapters G, H, J, N, O, P, and Q and the State of California amendments thereto, are hereby adopted as and for the rules, regulations, and -216-
4 standards for the Town of Hillsborough as to all matters contained therein except as herein otherwise provided.

A. One copy of the 2022 2019 California Residential Code shall at all times be kept on file in the town hall in the building official’s office. It shall be accompanied by one copy of Hillsborough Municipal Code Chapter 15.03 (as well as any additional subsequent amendments) to show the amendments to the 2022 2019 California Residential Code.

B. In the event of any conflict or inconsistency between the provisions of the Hillsborough Municipal Code and the 2022 2019 California Residential Code, when applied to any particular case, that requirement which establishes the higher degree of safety shall be complied with unless otherwise stated in the Hillsborough Municipal Code.

C. No provision of the 2022 2019 California Residential Code, or as amended hereby, shall be deemed to supersede any other provision of the Hillsborough Municipal Code.”
C. Section 15.03.030 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.03.030 Amendment of Residential Code
The 2022 2019 California Residential Code as adopted by this chapter is hereby amended, in its application to the town as set forth in Sections 15.03.040 through 15.03.230.” D. Section 15.03.110 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.03.110 One- and two-family dwellings automatic fire systems.

Section R313.2 of the 2022 2019 California Residential Code is amended to read as follows:

R313.2 New one- and two-family dwellings automatic fire systems. An automatic residential fire sprinkler system shall be installed in one- and two-family dwellings.

Exception: Detached structures located in excess of 10 feet from the main house. For the purposes of this section, detached structures shall be considered as portions of the main home when buildings are not separated in accordance with Section 705.3 of the California Building Code.

Section R313.2.2 is added to read as follows:

R313.2.2 Existing one- and two-family dwellings automatic fire systems.

1. An automatic residential fire sprinkler system is required when additions and/or alterations to existing one- and two-family dwellings with a total building floor area more than 2,000 square feet or more than two stories in height, and when such additions and/or -217-
5 alterations require a building permit and exceed 1,500 square feet in area or 20% of the total square footage for a building over 7,500 square feet.

2. An accessory dwelling unit (ADU) must be protected with an automatic residential fire sprinkler system throughout the unit if the primary dwelling is required to have or has an existing automatic residential fire sprinkler system. If an existing primary dwelling is required to have an automatic residential fire sprinkler system under R313.2.2(1) above, fire sprinklers must be provided throughout both dwellings.

Exceptions:

1. Detached structures, excluding accessory dwelling units, located in excess of 10 feet from the main house. For the purposes of subsection (b), detached structures shall be considered as portions of the main home when buildings are not separated in accordance with Section 705.3 of the California Building Code.

2. Detached structures as defined by Hillsborough Municipal Code Section 17.52.010 and constituting an Accessory Dwelling Unit as defined by Government Code 65852.2(j)(4) where no work has occurred in the main house in a two-year period in excess of 1,500 square feet in area or 20% of the total square footage of the total square footage for a building over 7,500 square feet as determined by Hillsborough Municipal Code 15.03.112 specifying additions or alterations. “
E. Section 15.03.111 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.03.111 Required sprinkler locations.

Section R313.3.1.2 is deleted and replaced with the following:

1. Sprinklers shall be installed to protect all areas of a dwelling unit.

Exceptions:
a. Clothes closets, linen closets and pantries not exceeding 24 square feet (2.2m2 ) in area, with the smallest dimension not greater than 3 feet (915 mm) and having wall and ceiling surfaces of gypsum board. b. Detached carports and garages less than 2,000 square feet in area and separated from residential buildings complying with CRC R302.1.

2. Sprinkler coverage shall be provided in the following locations:
a. Attic access openings
b. Areas of attics and crawl spaces containing storage, mechanical and/or electrical equipment.

3. Inspector Test Valves shall be provided for each system and located the furthest point away from the sprinkler riser for buildings greater than 3,600 square feet.” F. Section 15.03.112 of the Hillsborough Municipal Code is hereby amended to -218-
6 read as follows:
“15.03.112 Additions and alterations.

Section R313.3.2.7 is added to read as follows:

1. The standard for calculating the size of addition and/or alteration for determining the threshold for fire sprinkler systems shall be by the following:
a. The square footage of every room being added or altered shall be included in the calculation of total square footage of addition or alteration. b. The entire square footage of an individual room shall be added when at least fifty percent (50%) or greater of the linear length of interior wall sheeting or ceiling within a the room or area is new, removed or replaced. Windows, doors, and opening are excluded from the calculation.

2. The size or cost of additions and alterations used in calculating the size or replacement cost value formula shall not be cumulative with regard to individual additions or alterations in a building unless the following circumstance applies:
a. Where more than one (1) addition or alteration for which building permits are required are made within a two (2) year period from the closure date of the initial permit, the sum of the square footage or replacement costs of these additions or alterations during this two (2) year period shall be aggregated for the purpose of determining calculating calculations in section 15.03.110. the size or replacement cost value formula; or

3. The cost of additions and alterations used in calculating the replacement cost value formula shall be exclusive of the cost to design and install an automatic fire sprinkler extinguishing system pursuant to this section; The following scopes of work are excluded from calculations to determine the area of alteration: building roof repair/replacement; fire damage repair; building heating and/or cooling unit repair/replacement; and any other federal, state and local construction code upgrade requirements including but not limited to the seismic retrofit requirements, asbestos, and other hazardous material abatement.”
G. Section 15.03.170 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.03.170 Spark arrestors

Section R1003.9.2.1 is added amended to read as follows:

Every chimney shall have a spark arrestor, either internally or externally mounted. Any spark arrestor to be mounted internally shall not be installed until installation plans for such arrestor have been submitted to and approved by the building division. All chimneys as described in section 603.6 605.2.1 of the 2022 2019 California Fire Code shall be retroactively protected when one or more of the following conditions exist:
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7 1. Upon the sale or transfer of the real property on which any chimney is located the transfer of title shall not be made until each such chimney contains the required spark arrestor, properly installed and in proper working order.

2. In the event of any construction on such property for which a building permit is required the final building permit signoff shall not be made until each such chimney a spark arrestor has been installed and is in proper working order.”
H. Section 15.04.020 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.04.020 Adoption of the 2022 2019 California Building Code, California Code of Regulations, Title 24, Part 2, Volumes 1 and 2
The rules, regulations and requirements published by the International Code Council (ICC) as the 2022 2019 California Building Code Volumes 1 and 2," based on the International Building Code, including Appendix Chapter G and Appendix Chapter J and the State of California amendments thereto, are hereby adopted as and for the rules, regulations, and standards for the Town of Hillsborough as to all matters contained therein except as herein otherwise provided.

A. One copy of the 2022 2019 California Building Code Volumes 1 and 2 shall at all times be kept on file in the town Hall in the building official’s office. It shall be accompanied by one copy of Hillsborough Municipal Code Chapter 15.04 (as well as any additional subsequent amendments) to show the amendments to the 2022 2019 California Building Code Volumes 1 and 2.

B. In the event of any conflict or inconsistency between the provisions of the Hillsborough Municipal Code and the 2022 2019 California Building Code Volumes 1 and 2, when applied to any particular case, that requirement which establishes the higher degree of safety shall be complied with unless otherwise stated in the Hillsborough Municipal Code.

C. No provision of the 2022 2019 California Building Code Volumes 1 and 2, or as amended hereby, shall be deemed to supersede any other provision of the Hillsborough Municipal Code.”
I. Section 15.04.030 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.04.030 Amendment of Building Code
The 2022 2019 California Building Code Volumes 1 and 2 as adopted by this chapter is hereby amended, in its application to the town as set forth in Sections 15.04.040 through

15.04.230.”
J. A new Section 15.04.095 of the Hillsborough Municipal Code is hereby added to read as follows:
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8 “15.04.095 Fire plan check.

Section 107 is amended and Section 107.2.1.1 is added to read as follows: When required by the fire code official, plans submitted to the building official for a permit shall be reviewed by the fire code official to determine compliance with the California Fire Code and the International Fire Code. Upon review a written report shall be returned to the building official listing deficiencies or compliance with the Code.”
K. Section 15.04.100 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.04.100 Ventilation
Section 406.6.2 is amended by adding the following:

Section 406.6.2.1 A garage containing electrical charging stations shall provide a manually operated control switch that controls ventilation operations located in the command/control room for emergency operations.”
L. Section 15.04.110 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.04.110 Additions and alterations.
[F] Section 903.1 is amended and Section 903.1.2 is added to read as follows: The standard for determining the size of addition and/or alteration for determining the threshold for fire sprinkler systems shall be determined by the following:

1. The square footage of every room being added and/or altered shall be included in the calculation of total square footage of addition and/or alteration.

2. The entire square footage of an individual room shall be considered added or altered when at least fifty percent (50%) or greater of the linear length of interior wall sheeting or ceiling within a the room or area is new, removed, or replaced. Removed or replaced windows, doors, and opening are excluded from the calculation.” M. Section 15.04.112 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.04.112 Where required.
[F] Section 903.2 is deleted and replaced as follows:

Approved automatic fire sprinkler systems shall be installed in all new occupiable and/or habitable buildings and structures. In addition, approved automatic fire sprinkler systems shall be provided in locations described in Sections 903.2.1 through 903.2.23 903.2.21.

An accessory dwelling unit (ADU) must be protected with an automatic residential fire sprinkler system throughout the unit if the primary dwelling is required to have or has an -221-
9 existing an automatic residential fire sprinkler system. If an existing primary dwelling is required to have an automatic residential fire sprinkler system, fire sprinklers must be provided throughout both dwellings.

Exceptions:

1. When approved by the fire chief, canopy structures used solely for vehicular parking which have a photovoltaic system attached are not required to be equipped with a fire sprinkler system as long as the structure meets distance requirements to other structures and property lines.

2. Group U occupancies less than 1,200 square feet.

Section 903.2.10.3, CFC is added to read as follows:

Lithium-ion batteries in vehicles. Areas which contain electric vehicle charging stations shall have a fire sprinkler density design of a minimum extra hazard, group 2 for the coverage of charging stations and for 15’ in any direction of charging stations.” N. Section 15.04.113 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.04.113 Existing building and structures.
[F] Section 903.2.21 is added to read as follows: All existing buildings and structures shall be retroactively protected by an approved automatic extinguishing system when the following conditions exist:
a. Non-residential buildings with a total building floor area in excess of 2,000 square feet or more than two stories in height, and when additions and/or alterations for which a building permit is required will exceed 1,500 square feet in area.

Exception: Group U occupancy less than 1,200 square feet. b. Residential one- and two-family dwellings and structures with a total building floor area in excess of 2,000 square feet or more than two stories in height, and when additions and/or alterations for which a building permit is required will exceed 1,500 square feet in area.

Exceptions:

1. Additions or alterations of non-residential and multi-family residential buildings that do not exceed 20% of the total square footage of the entire completed building. completed building's total replacement cost calculation.

The replacement cost calculations for the additions/alterations and the completed building shall be calculated utilizing the latest Building Valuation Data (BVD) published by the International Code Council.

2. Additions or alterations to residential one- and two-family dwellings and structures that do not exceed 20% of a building over 7,500 square feet.

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10 3. The following scopes of work are excluded from calculations to determine area of alteration: The cost of additions and alterations used in calculating the replacement cost value formula shall be exclusive of the cost to design and install an automatic fire sprinkler extinguishing system pursuant to this section; building roof repair/replacement; fire damage repair; building heating and/or cooling unit repair/replacement; and any other federal, state and local construction code upgrade requirements including, but not limited to, the seismic retrofit requirements, asbestos, and other hazardous material abatement.
c. Aggregate. The size or cost of additions and alterations used in calculating the size or replacement cost value formula shall not be cumulative with regard to individual additions or alterations in a building unless the following circumstance applies:

1. When Where more than one (1) addition and/or alteration for which building permits are required are submitted made within a two (2) year period from the closure date of the initial permit, the sum of the square footage or replacement costs of these additions and/or alterations during this two (2) year period shall be aggregated for the purpose of determining calculations of Section 15.04.113.”
O. Section 15.04.115 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.04.115 Additional sprinkler locations.

Section 903.3.1.4 5 is added to read as follows:

The installation of a residential fire sprinkler system shall conform to the following:

1. Sprinklers shall be required throughout carports and garages.

Exception: Detached carports and garages less than 2,000 square feet in area and separated from residential buildings by a minimum of 10 feet. complying with Section 503.1.2 and Table 602 of the building code and assuming a property line between all other structures.

2. Sprinkler coverage shall be provided in the following locations:
a.Attic access openings
b. Areas of attics and crawl spaces containing storage, mechanical and/or electrical equipment.

Section 903.1.5 6 is added to read as follows: Additional Commercial and Multi-family Dwelling Sprinkler Locations. Rooms or spaces which contain vehicle parking lifts or stacking systems shall be designed as an Extra-High Hazard Classification. Sprinkler design to include sidewall sprinkler heads designed at minimum Ordinary Group 2 in between each level.

Exception: Buildings classified as single-family dwellings.” P. A new Section 15.04.125 of the Hillsborough Municipal Code is hereby added -223-
11 to read as follows:
“15.04.125 Acceptance and Certification of Fire Alarm System Section 907.7 CFC is amended to add the following:

Acceptance and Certification. Upon completion of the installation, the fire alarm system and all fire alarm components shall be tested in accordance with NFPA 72. New fire alarm systems installed in commercial and multi-family buildings shall be UL-Certified.

Certificate shall be posted next to fire alarm control panel at time of final inspection.” Q. Section 15.06.020(A) of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.06.020 Adoption
A. The rules, regulations and standards printed in the California Historical Building Code, 2022 2019 Edition, contained in the California Building Standards Code (California Code of Regulations, Title 24 Part 8), 2022 2019 Edition, are hereby adopted as the rules, regulations, and standards for the Town of Hillsborough as to all matters contained therein except as herein otherwise provided.” R. Section 15.07.020(A) of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.07.020 Adoption
A. The rules, regulations and standards printed in the California Existing Building Code, 2022 2019 Edition, contained in the California Building Standards Code (California Code of Regulations, Title 24 Part 10), 2022 2019 Edition, are hereby adopted as the rules, regulations, and standards for the Town of Hillsborough as to all matters contained therein except as herein otherwise provided.” S. Section 15.08.020(A) and (B) of the Hillsborough Municipal Code are hereby amended to read as follows:
“15.08.020 Adoption
A. The rules and regulations and standards printed in the California Electrical Code, Title 24, Part 3 2022 2019 Edition, together with Article 89. Provisions thereto as incorporated by reference in the California Building Standards Code (California Code of Regulations, Title 24), 2022 2019 Edition, (hereinafter referred to as the "Electrical Code" respectively) (including the Appendix thereto) is hereby adopted as the rules, regulations, and standards for the Town of Hillsborough as to all matters contained therein except as herein provided.

B. One copy of the Electrical Code shall at all times be kept on file at the Town of Hillsborough building department. The copy shall be accompanied by a copy of -224-
12 Hillsborough Municipal Code Chapter 15.08 (as well as any additional subsequent amendments) to show the Hillsborough amendments to the 2022 2019 California Electrical Code.”
T. Section 15.10.020(A) of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.10.020 Adoption
A. The rules, regulations, and standards printed in the California Energy Code, 2022 2019 Edition, as contained in the California Building Standards Code (California Code of Regulations, Title 24 part 6), 2022 2019 Edition, (hereinafter referred to as the "Energy Code") (including the Appendix thereto) are hereby adopted as the rules, regulations, and standards for the Town of Hillsborough as to all matters contained therein, except as otherwise provided herein.” U. Section 15.12.020(A) of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.12.020 Adoption
A. The rules, regulations, and standards printed in the California Mechanical Code, 2022 2019 Edition, contained in the California Building Standards Code (California Code of Regulations, Title 24 part 6), 2022 2019 Edition, (hereinafter referred to as the "Mechanical Code") (including the Appendix thereto) are hereby adopted as the rules, regulations, and standards for the Town of Hillsborough as to all matters contained therein, except as otherwise provided herein.” V. Section 15.16.020(A) of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.16.020 Adoption
A. The rules, regulations and standards printed in the California Plumbing Code, 2022 2019 Edition (including the Appendix thereto) contained in the California Building Standards Code (California Code of Regulations, Title 24 Part 5), 2022 2019 Edition, (hereinafter referred to as the "Plumbing Code”) are hereby adopted as the rules, regulations, and standards for the Town of Hillsborough as to all matters contained therein except as herein otherwise provided.” W. Section 15.17.010 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.17.010 Adoption
The rules, regulations and standards printed in the California Referenced Standards Code, 2022 2019 Edition, contained in the California Building Standards Code (California Code of Regulations, Title 24 Part 12), 2022 2019 Edition, are hereby adopted as the rules, -225-
13 regulations, and standards for the Town of Hillsborough as to all matters contained therein except as herein otherwise provided.”
X. Section 15.19.015 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.19.015 Adoption
The rules, regulations, and standards printed in the California Green Building Standards Code, 2022 2019 Edition, as contained in the California Building Standards Code (California Code of Regulations, Title 24 part 11), 2022 2019 Edition are hereby adopted as the rules, regulations, and standards for the Town of Hillsborough as to all matters contained therein, except as otherwise provided herein.” Y. Section 15.20.010 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.20.010 Adoption of the 2022 2019 California Fire Code, the 2021 2018 International Fire Code, and Public Resources Code, Division 4, Section 4291.

There is adopted by the town for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code which contains building standards known as the 2022 2019 California Fire Code and the International Fire Code, 2021 2018 Edition, together with all appendices, except Appendices A, D, and J and P, and the State of California amendments thereto, and the Public Resources Code, Division 4, Section 4291.”
Z. Section 15.20.025 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.20.025 Chapter 1, Sections 105.3.3, IFC and 105.4.1.1, IFC are is amended – Occupancy prohibited before approval and Examination of documents Section 105.3.3 is deleted in its entirety and replaced with the following:

Section 105.3.3. No final inspection by the building official as to all or any portion of a development shall be deemed complete and no certificate of occupancy or temporary certificate of occupancy shall be issued unless and until the installation of the prescribed fire protection facilities and access ways have been completed and approved by the fire chief.

Section 105.4.1.1 is deleted in its entirety and replaced with the following:

Section 105.4.1.1. When required by the fire code official, plans submitted to the building official for a permit shall be reviewed by the fire chief to determine compliance with the California Fire Code and the International Fire Code. Upon review, a written report shall be returned to the building official listing deficiencies or compliance with this Code. -226-
14 AA. A new Section 15.20.026 of the Hillsborough Municipal Code is hereby added to read as follows:
“15.20.026 Chapter 1, Section 106.2, CFC is amended – Examination of Documents.

Section 106.2, CFC is deleted in its entirety and replaced with the following:

Section 106.2. Examination of documents. When required by the fire code official, plans submitted to the Building Official for a permit shall be reviewed by the Fire Chief to determine compliance with the California Fire Code and the International Fire Code. Upon review a written report shall be returned to the Building Official listing deficiencies or compliance with the Code.”
BB. Section 15.20.030 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.20.030 Chapter 1, Sections 1067.1 and 107.2 106.3, CFC are amended as follows:

Section 1067.1.2, CFC is added to this code and shall read as follows:

Section 1067.1.2. Permits and Fees
a. The fees for the permits and other services shall be as established by resolution of the Central County Fire Department as amended from time to time. The fee shall be set to cover the cost of the Fire Department to review and inspect the intended activities, operations or functions. The fees must be applied to the appropriate agency, Town of Hillsborough or Central County Fire Department, depending on the type of service.

EXCEPTION: (1) The applicant for a given permit shall be exempt from the payment when the work to be conducted is for the Town of Hillsborough under written contract to the town or for events sponsored or co-sponsored by the town.
b. In the case of multiple permits for an applicant, the permit applicant will be charged the single highest listed rate of all the permits required. The other permittable items will be charged at a rate of 50% of the listed fee as long as the permits are for the same address. c. Where processes or materials are inherent with a permittable item, subsequent fees may be waived at the discretion of fire chief. d. All fire permits and fire construction permits shall have a set number of inspections per permit as set forth by the Central County Fire Department Fee Schedule. Additional inspections and additional reinspections will be billed at an hourly rate consistent with the Central County Fire Department Fee Schedule.
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15 e. Application for "event" type fire code permits (i.e.: Assembly, Pyrotechnic, Tents, etc.) shall be submitted 14 days prior to the event date. Applications submitted within 13 days prior to the event date shall be charged double the regular permit rate as established by the Central County Fire Department Fee Schedule.
f. "After Hours" inspections shall be invoiced at a rate of one and onehalf time the normal hourly rate of the inspecting fire personnel. "After Hours" inspections will be billed at a rate of three hours minimum. "After Hours" inspections are defined as follows:

Inspections conducted outside of normal business hours for the Fire Prevention Division, as defined on the Central County Fire Department website and based upon personnel availability. g. Any person, group, organization, institution or business failing to pay the applicable fees under this Article shall after 30 days of the due date, for either existing or new permit applicants, shall be issued a citation for non-payment of the required permit fee. The penalty for all permit payments delinquent after 30 days shall be a doubling of the original fee.”
CC. A new Section 15.20.031 of the Hillsborough Municipal Code is hereby added to read as follows:
“15.20.031 Section 107.4 CFC is deleted in its entirety and replaced with the following:

Section 107.4. Investigation and Fee.

Section 107.4. Investigation – Work without a permit
Investigation. Whenever construction or work for which a permit is required by this code and has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for the work. All work done without a required permit, including demolition of all or part of a structure or system shall be subject to the investigation and fees imposed by this section.

Section 107.4. is added to this code and shall read as follows:

Section 107.4.1. Fee – Work without a permit
In the event work is done without an issued permit, an investigation fee, in addition to the permit fee, shall be collected as a civil penalty, whether or not a permit is then or subsequently issued. The investigation fee shall be up to 10 times the fire permit fee. The investigation fee shall be determined by the Fire Chief and shall be based on the staff time reasonably required to resolve all of the issues related to the work that has been performed without a permit. No construction work permit shall be issued until the investigation fee has been paid in full.
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16 Nothing in this section shall relieve any persons from fully complying with the requirements of this code, in the execution of the work, or from any other fees or penalties prescribed by law.”
DD. Section 15.20.035 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.20.035 - Chapter 1, Section 111 109, CFC is amended - Board of Appeals.

Section 111 109, CFC is deleted in its entirety and replaced with the following:

Section 111 109. Appeal and review.
(a) The chief of the fire department shall be charged with the duty and responsibility of administering the provisions of this chapter. (b) Whenever it is provided herein that certain things shall be done in accordance with an order of the fire department, such order shall be complied with. Any person aggrieved thereby may appeal to the fire chief in writing within ten (10) days after the date of such order, except as otherwise provided in this chapter. The fire chief, or in his or her absence the deputy fire chief, shall issue a written decision to affirm, modify or reverse the order within two (2) business days of receipt of the appeal. The fire chief’s written decision may be appealed to the Central County Fire Department Fire Board no later than ten (10) days from the date of the fire chief’s written decision. The Fire Board’s decision shall be final and conclusive and may not be appealed to the City Council. Except in the case of immediate hazard, the enforcement of the order shall be suspended until such person has exhausted the appeal process as described above.
(c) Any court action or proceeding to review or challenge a decision or order of the fire board shall be barred unless it is commenced within twenty (20) days of the date of service of the written decision or order (or such later date as may be specified by California Government Code Section 53069.4), and such decision or order shall contain a statement so advising the prospective appellant(s) of this time limit on seeking court review. A decision of the fire board shall be considered final for purposes of seeking court review, and no review or other consideration by the city council shall be necessary. However, no action or proceeding to review or challenge a fire board decision shall be permitted unless each ground or basis for such action or proceeding first has been asserted to the fire board pursuant to the procedures set forth in Section

15.20.035.”
EE. Section 15.20.040 of the Hillsborough Municipal Code is hereby amended to read as follows:
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17 “15.20.040 (Reserved) Sections 315, CFC- General Storage.

Section 315.2, CFC is amended and Section 315.3.5 is added to read as follows:

Section 315.2 Permit required. A permit for miscellaneous combustible materials shall be required as set forth in Section 105.5.

Exception:

Storage of combustible materials other than motorized vehicles or vessels shall not be permitted in a public parking garage or in a garage or carport serving a Group R, Division 1 or Group R, Division 2 Occupancy, unless the method of storage is approved by the Fire Code Official.

Section 315.3.5, CFC is added to read as follows:

Section 315.3.5. Designation of storage heights. Where required by the fire code official, a visual method of indicating the maximum allowable storage height shall be provided in accordance with Section 315.3.5.1, CFC.

Section 315.3.5.1, CFC added to read as follows:

Section 315.3.5.1. The approved visual method of indicating maximum allowable storage shall be a four (4”) inch wide line in contrasting color along a wall or storage rack.” FF. Section 15.20.045 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.20.045 Section 503.3, CFC - Marking.

Section 503.3, CFC is amended by adding section 503.3.1 to read as follows:

Section 503.3.1 Fire Lane Designation. Designation of fire lanes shall be by one of the following means:

1. By white signs measuring at least 12 inches by 18 (12" x 18") inches posted immediately adjacent thereto and clearly visible. It should clearly state, in red letters not less than one inch (1") in height, that the space is a fire lane and parking is prohibited.

2.1. By outlining and hash marking the area in contrasting colors clearly marking it with the words "Fire Lane - No Parking.

3.2. By identifying the space with a red curb upon which the words "Fire Lane - No Parking" are stenciled every 15 feet.
a. Both sides of fire lanes shall be red curbed when the fire lane is twenty (20) to twenty-eight (28) feet in width.
b. At least one side of a fire lane shall be red curbed and -230-
18 stenciled when the fire lane is over twenty-eight (28) and up to thirty-six (36) feet in width.
c. Curbs need not be painted red nor stenciled when the fire lane is more than thirty-six (36) feet in width.

3. In areas where a red curb is not practical, and when approved by the fire official, white signs measuring 12 inches by 18 inches with red lettering not less than 1” in height stating the area is a fire lane and parking is prohibited, may be posted adjacent to the fire lanes.” GG. Section 15.20.065 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.20.065 Section 508 – Fire Command Center
Section 508.1.1.1 CFC is added to read as follows:

Section 508.1.1.1. Requirements. Fire command center shall be equipped with an exterior door and be located at the exterior of the building at a location approved by the fire chief.

Section 508.2 CFC is added to read as follows:

Section 508.2 Fire control room. An approved fire control room shall be provided for all new buildings or occupancies undergoing a substantial improvement and requiring protection by an automatic fire sprinkler system. The room shall only contain all main system control valves, fire alarm control panels ERRCS equipment, and other fire equipment required by the Fire Chief. Fire control rooms shall be located within the building at a location approved by the Fire Chief and shall be provided at grade with a means to access the room directly from the exterior. Durable signage shall be provided on the exterior side of the access door to identify the fire control room. Fire Control Rooms shall not be less than 35 square feet.

Exceptions:

1. Group R, Division 3 Occupancies.

2. Occupancies with a fire pump shall have a fire control room that is a minimum of 200 square feet.

3. In high-rise buildings, the fire control room shall not be less than 200 square feet.”
HH. Section 15.20.070 of the Hillsborough Municipal Code is hereby removed and reserved and shall read as follows:
“15.20.070 RESERVED”

15.20.070 Section 603, CFC - Fuel-Fired Appliances
Section 603.6.6, CFC is added to read as follows:

Section 603.6.6 Spark arrestors. Every chimney shall have a spark arrestor, -231-
19 either internally or externally mounted. Any spark arrestor to be mounted internally shall not be installed until installation plans for such arrestor have been submitted to and approved by the building department. All chimneys as described in section 603.6 shall be retroactively protected when one or more of the following conditions exist:

1. Upon the sale or transfer of the real property on which any chimney is located.
a. The transfer of title shall not be made until each such chimney contains the required spark arrestor, properly
installed and in proper working order.

2. In the event of any construction on such property for which a building permit is required.
a. The final building permit sign off shall not be made until each such chimney contains the required spark arrestor, properly installed and in proper working order.

II. Section 15.20.075 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.20.075 Section 606.8.5 604.8, CFC - Shunt Trip.

Section 606.8.5 604.8 is deleted and replaced in its entirety with the following:

Section 606.8.5 604.8. Shunt Trip Prohibited. Where elevator hoistways and/or elevator machine rooms containing elevator control equipment are located within non-residential buildings equipped with automatic fire sprinklers, the following is required in lieu of a shunt trip:

1. The elevator machine room shall be constructed with the same minimum fire rating as the hoistway. For non-rated hoistways, the minimum rating shall be one hour throughout in accordance with Section 707 of California Building Code for fire barriers.

2. Fire sprinklers at the top of the hoistway and inside the elevator machine room shall not be installed.

3. Means for elevator shutdown shall not be installed.” JJ. Section 15.20.080 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.20.080 Section 903.1.2, CFC - Additions and alterations.

Section 903.1.2, CFC is added to read as follows:
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20 Section 903.1.2 Additions and Alterations. The standard for calculating the size of addition and/or alteration for determining the threshold for fire sprinkler systems shall be:

1. The square footage of every room being added and/or altered shall be included in the calculation of total square footage of addition and/or alteration.

2. The entire square footage of an individual room shall be considered added or altered when at least fifty percent (50%) or greater of the linear length of interior wall sheeting or ceiling within the a room or area is new, removed, or replaced. Windows, doors and openings are excluded from the calculations.”
KK. Section 15.20.082 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.20.082 Section 903.2, CFC is amended – Where required.

Section 903.2, CFC shall be deleted and replaced as follows:

Section 903.2 Where required. Approved automatic fire sprinkler systems shall be installed in all new occupiable and/or habitable buildings and structures. In addition, approved automatic fire sprinkler systems shall be provided in locations described in Sections 903.2.1 through 903.2.21 903.2.23.

An accessory dwelling unit (ADU) must be protected with an automatic residential fire sprinkler system throughout the unit if the primary dwelling is required to have or has an existing an automatic residential fire sprinkler system. If an existing primary dwelling is required to have an automatic residential fire sprinkler system, fire sprinklers must be provided throughout both dwellings.

Exceptions:

2. Group U occupancies less than 1,200 square feet.

Section 903.2.10.3, CFC is added to read as follows:

Section 903.2.10.3 Lithium-ion batteries in vehicles. Areas which contain electric vehicle charging stations shall have a fire sprinkler density design of a minimum Extra Hazard, Group 2 for the coverage of charging stations and for 15’ in any direction of charging stations.”
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21 LL. Section 15.20.083 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.20.083 Sections 903.2.21 and 903.2.22 and 903.2.23, CFC are added - Existing Buildings and Structures.

Section 903.2.22 903.2.21 is added to read as follows:

Section 903.2.22 903.2.21, CFC Existing Buildings and Structures. All existing buildings and structures shall be retroactively protected by an approved automatic extinguishing system when the following conditions exist:
a. Non-residential buildings with a total building floor area in excess of 2,000 square feet or more than two stories in height, and when additions or alterations for which a building permit is required will exceed 1,500 square feet in area.

Exception: Group U occupancies less than 1,200 square feet and separated from primary structure by a minimum of 10 feet.
b. Residential one- and two-family dwellings and structures with a total building floor area in excess of 2,000 square feet or more than two stories in height, and when additions or alterations for which a building permit is required will exceed 1,500 square feet in area.

Exceptions:

1. Additions or alterations of non-residential and multi-family residential, and multi-family residential, and single family residential buildings that do not exceed 20% of the entire completed building. completed building’s total replacement cost calculation. The replacement cost calculations for the additions/alterations and the completed building shall be calculated utilizing the latest Building Valuation Data (BVD) published by the International Code Council.

2. Additions or alterations to residential one- and two-family dwellings and structures that do not exceed 20% of a building over 7,500 square feet.

3.2. The cost of additions and alterations used in calculating the replacement cost value formula shall be exclusive of the cost to design and install an automatic fire sprinkler extinguishing system pursuant to this section; The following scopes of work are excluded from calculations to determine area of alteration: building roof repair/replacement; fire damage repair; building heating and/or cooling unit repair/replacement; and any other federal, state and local construction code upgrade requirements including but not limited to the seismic retrofit requirements, asbestos, and other hazardous material abatement.
-234-
22 Section 903.2.23 903.2.22, CFC is added with the following to read as follows:

Section 903.2.23 903.2.22 Aggregate. The size or cost of additions and alterations used in calculating the size or replacement cost value formula shall not be cumulative with regard to individual additions or alterations in a building unless the following circumstance applies: Where When more than one (1) addition and/or alteration for which building permits are required are made submitted within a two (2) year period from the final closure date of the initial permit, the sum of the square footage or replacement costs of these additions and/or alterations during this two (2) year period shall be aggregated for the purpose of determining calculations in Section 15.20.083.”
MM. Section 15.20.085 of the Hillsborough Municipal Code is hereby amended to read as follows:
“15.20.085 Section 903.3.1.45 and 903.3.1.56, CFC is added - Additional Sprinkler Locations.

Section 903.3.1.45, CFC is added to read as follows:

Section 903.3.1.45 Additional Residential Sprinkler Locations. The installation of a residential fire sprinkler system shall conform to the following:

1. Sprinklers shall be required throughout carports and garages.

2. Sprinkler coverage shall be provided in the following locations:
a. Attic access openings
b. Areas of attics and crawl spaces containing storage, mechanical and/or electrical equipment.

Section 903.3.1.5, CFC is added to read as follows:

Section 903.3.1.6 Additional Commercial and Multi-family Dwelling Sprinkler Locations. Rooms or spaces which contain vehicle parking lifts or stacking systems shall be designed as an Extra-High Hazard Classification. Sprinkler design to include sidewall sprinkler heads designed at minimum Ordinary Group 2 in between each level.

Exception: Buildings classified as single-family dwellings. -235-
23 NN. A new Section 15.20.088 of the Hillsborough Municipal Code is hereby added to read as follows:
“15.20.088 Section 907.7 CFC is amended – Acceptance Tests and Certification Section 907.7 CFC is amended with the following:
907.7 Acceptance Test and Certification. Upon completion of the installation, the fire alarm system and all fire alarm components shall be tested in accordance with NFPA 72. New fire alarm systems installed in commercial and multi-family buildings shall be UL-Certified. Certificate shall be posted next to fire alarm control panel at time of final inspection.”
OO. A new Section 15.20.089 of the Hillsborough Municipal Code is hereby added to read as follows:
“15.20.089 Section 4906 .3.1 CFC is amended Vegetation Management Section 4906.3.1 CFC is amended with the following:
4906.3.1 1. Delineation of the 30-foot (9144mm)100-foot (30.5) fuel management zones from all structures. The 100- foot zone will extend to the property line on parcels less than five (5)- acres. Parcels greater than five (5) acers will delineate the 30-foot , 100- foot zones around structures and the 100-foot vegetation management zone around the perimeter of the parcel as required by (HMC§ 15.21.100).”
PP. Section 15.20.090 of the Hillsborough Municipal Code is hereby amended as follows:
“15.20.090 Section 4906.4.2 Trees
Section 4906.4.2.1 is deleted in its entirety.”

15.20.090 - Section 5003.5, CFC amended—Hazard Identification Signs.

Section 5003.5.2, IFC is added to read as follows:
5003.5.2 Sign size and locations. Two NFPA 704 diamonds shall be placed on buildings so that they are clearly visible from at least two directions of travel.

1.The signs shall be at least fifteen inches by fifteen inches (15" x 15"). The signs shall not be placed on windows.

2.When NFPA 704 diamonds are required for the interior doors, the signs shall be applied to the doors at a level no higher than the doorknob. The signs for the interior doors shall be at least six inches by six inches (6" × 6").
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24 3.The fire code official may require fewer or more NFPA diamonds if the building configuration or size makes it reasonably necessary.

QQ. Section 15.20.091 of the Hillsborough Municipal Code is hereby amended as follows:
“15.20.091 Section 4907.2 Defensible Space is amended
Section 4907.2 #4 is added

4. Land designated per HMC§ 15.21.070 shall provide fuel modification of combustible vegetation for defensible space as indicated in 2018 IWUIC and adopted with amendments in HMC§ 15.21
(a) All parcels less than fire (5) acres in size shall provide fuel modification to the entire parcel in accordance with HMC § 15.21”

15.20.091 - Section 5707, CFC On-demand mobile fueling operations.

Section 5707.4.3 is added to read as follows:

Section 5707.4.3 Adequate lighting. Adequate site lighting shall be provided for all mobile fueling operations which are performed in dim or dark outdoor conditions.

Acceptable means of lighting are flood or box lights which are self-standing or mountable.

RR. A new Section 15.20.092 of the Hillsborough Municipal Code is hereby added to read as follows:
“15.20.092 Section 4907.3 is amended- Requirements
Section 4907.3 #5 is added
4907.3 #5 Hazardous vegetation and fuels around all buildings and structures shall be maintained in accordance with HMC§ 15.21”
SS. A new Section 15.20.093 of the Hillsborough Municipal Code is hereby added to read as follows (previously section 15.20.090):
“15.20.093 Section 5003.5,CFC is amended – Hazard Identification Signs Section 5003.5.2, IFC is added to read as follows:
5003.5.2 Sign size and locations. Two NFPA 704 diamonds shall be placed on buildings so that they are clearly visible from at least two directions of travel.

1. The signs shall be at least fifteen inches by fifteen inches (15" x 15"). The signs shall not be placed on windows.

2. When NFPA 704 diamonds are required for the interior doors, the signs -237-
25 shall be applied to the doors at a level no higher than the doorknob. The signs for the interior doors shall be at least six inches by six inches (6"x 6").

3. The fire code official may require fewer or more NFPA diamonds if the building configuration or size makes it reasonably necessary.” TT. A new Section 15.20.094 of the Hillsborough Municipal Code is hereby added to read as follows (previously section 15.20.091):
“15.20.094 Section 5707, CFC On-Demand Mobile Fueling Operations Section 5707.6.5 is deleted in its entirety and replaced with the following:

Section 5707.6.5 Adequate lighting. Adequate site lighting shall be provided for all mobile fueling operations which are performed in dim or dark outdoor conditions.

Acceptable means of lighting are flood or box lights which are self-standing or mountable.”
Section 4. Severability
If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.

Section 5. Adoption by Reference; Setting the Public Hearing The City Council is adopting this Ordinance by reference pursuant to Government Code Section 50022.3 and hereby sets the public hearing for consideration of this Ordinance to be held on Monday January 9, 2023. The City Clerk is hereby directed to publish a notice to this effect pursuant to Government Code Section 50022.3 and 6066.

Section 6. Posting.

This ordinance shall be printed and posted upon the three official bulletin boards of the Town of Hillsborough.

Section 7. Publication.

The City Clerk will certify to the passage of this Ordinance by the City Council of the Town of Hillsborough, California, and cause a summary to be published once within fifteen (15) days after its adoption in accordance with Government Code section 36933.

Section 8. CEQA
-238-
26 The City Council finds that the changes made to the Uniform Codes are enacted to mitigate the threats posed to public peace, health and safety from snow and fire. Therefore, it can be seen with certainty that adoption of this Ordinance will not have a significant adverse effect on the environment and is therefore exempt from California Environmental Quality Act pursuant to Section 15061(b)(3) of the CEQA Guidelines.
__________________________________
Mayor of the Town of Hillsborough
______________________________
Attest: City Clerk
ORDINANCE NO. ____ of the Town of Hillsborough introduced on December 12, 2022, and adopted on January 9, 2023, by the following vote of the City Council:

AYES: Councilmembers ______________________________
NOES: Councilmembers ______
ABSENT: Councilmembers
ABSTAIN: Councilmembers
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
10 PUBLIC HEARING

CITY COUNCIL MEETING
DECEMBER 12, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: ADOPTION OF AN URGENCY ORDINANCE AMENDING CHAPTER 17.52 OF

THE HILLSBOROUGH MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS PURSUANT TO CEQA GUIDELINE 15282 SUMMARY: In recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amended Government Code sections 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and JADUs. In 2022, the California Legislature approved, and the Governor signed into law, a new bill (SB 897) that further amends Government Code sections 65852.2 and 65852.22 (“New Amendments”).

SB 897 takes effect January 1, 2023. If the Town’s ADU ordinance does not comply with requirements of SB 897 by that date, the Town’s entire existing ADU ordinance becomes null and void as a matter of law, and the Town will have to allow ADUs with no local regulation except for the few requirements in the state ADU law itself.

The attached proposed Urgency Ordinance includes changes to the Hillsborough Municipal Code

17.52. While implementing the State-mandated amendments, staff also took the opportunity to standardize formatting and terminology throughout the chapter. Below is a summary of the noteworthy New Amendments:
• Town must allow increased height limits for certain ADUs:
-Detached ADU up to 18 feet - if the lot located within one-half mile of a high-quality transit corridor (El Camino Real). Additionally, the ADU may be up to two additional feet in height, if necessary to accommodate a roof pitch on the ADU to match the primary dwelling unit. -Attached ADU up to 25 feet or the height of the primary dwelling, whichever is lower – but may not exceed two stories.
• Town’s front setbacks must now yield, like FAR and lot coverage, if it is necessary to accommodate a ministerial ADU of up to 800 sf,
• Town must now justify a denial with a full set of detailed comments describing the deficiencies in the application and explaining how to remedy them, and
• Now there is no automatic repeal in 2025 (i.e., the ADU statute is permanent).

The proposed ordinance amends the Town’s local regulatory scheme for the construction of ADUs and JADUs to comply with recently amended provisions of Government Code sections 65852.2 and 65852.22.
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Agenda Staff Report - Hillsborough City Council
December 12, 2022

Page 2 ends

Failure to comply with Government Code sections 65852.2 and 65852.22 (as amended) by January 1, 2023, renders the Town’s ADU ordinance null and void, thereby limiting the Town to the application of the few default state standards provided in Government Code sections 65852.2 and 65852.22. The approval of ADUs and JADUs based solely on these default statutory standards, without local regulations governing height, setback, landscape, and architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety.

The ADU code amendments are proposed for adoption by urgency ordinance, in accordance with Government Code section 36937, subdivision (b), and will be followed at the earliest possible time by a non-urgency ordinance that will be returning to the City Council for adoption.

FISCAL IMPACT: There is no fiscal impact associated with this agenda item.

ENVIRONMENTAL ISSUES: Under California Public Resources Code section 21080.17, and California Environmental Quality Act (“CEQA”) Guideline 15282, CEQA does not apply to the adoption of an ordinance by a city implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law, and which also regulates JADUs, as defined by section 65852.22. Therefore, the proposed action is statutorily exempt from CEQA in that the proposed ordinance implements the State’s ADU law.

ATTACHMENTS:

1. Urgency Ordinance with Exhibit A - Clean

2. Exhibit A - Redline
PREPARED BY: Liz Ruess, Long-range Planning & Special Projects RECOMMENDATION: Adopt and waive further reading of the urgency ordinance titled, "An Urgency Ordinance Amending Section 17.52 of the Hillsborough Municipal Code Relating to Accessory Dwelling Units and Junior Accessory Dwelling Units Pursuant to CEQA Guideline 15282."
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URGENCY ORDINANCE NO. ______

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH AMENDING CHAPTER 17.52 OF THE HILLSBOROUGH

MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS, PURSUANT TO CEQA GUIDELINE 15282 WHEREAS, the Town of Hillsborough, California (“Town”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amended Government Code sections 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, in 2022, the California Legislature approved, and the Governor signed into law, a new bill (SB 897) that further amends Government Code sections 65852.2 and 65852.22; and
WHEREAS, SB 897 takes effect January 1, 2023, and if the Town’s ADU ordinance does not comply with the requirements imposed by SB 897 by that date, the Town’s entire existing ADU ordinance becomes null and void as a matter of law; and WHEREAS, the Town desires to amend its local regulatory scheme for the construction of ADUs and JADUs to comply with the amended provisions of Government Code sections 65852.2 and 65852.22; and
WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the passage of SB 897 because if the Town’s ordinance does not comply with the amended laws as of January 1, 2023, and the Town’s ADU ordinance becomes null and void, the Town would thereafter be limited to applying the few default standards that are provided in Government Code sections 65852.2 and 65852.22 for the approval of ADUs and JADUs; and WHEREAS, the approval of ADUs and JADUs based solely on the default statutory standards, without local regulations governing height, setback, landscape, and architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety. These threats to public safety, health, and welfare justify adoption of this ordinance as an urgency ordinance to be effective immediately upon adoption by a four-fifths vote of the City Council; and WHEREAS, to protect the public safety, health, and welfare, the City Council may adopt this ordinance as an urgency measure in accordance with Government Code section 36937, subdivision (b).

NOW, THEREFORE, the City Council of the Town of Hillsborough does ordain as follows:
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ATTACHMENT 1
2 Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 2. Under California Public Resources Code section 21080.17 and the California Environmental Quality Act (“CEQA”) Guideline 15282, CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 65852.22. Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the State’s ADU law.

Section 3. Chapter 17.52 of the Hillsborough Municipal Code is hereby amended and restated to read in its entirety as provided in Exhibit A, attached hereto and incorporated herein by reference.

Section 4. This ordinance takes effect immediately upon its adoption pursuant to Government Code Section 36937(b) based on the recitals above and all information contained within the record.

Section 5. This ordinance shall be printed and posted upon the three official bulletin boards of the Town of Hillsborough
Section 6. The City Clerk will certify to the passage of this Ordinance by the City Council of the Town of Hillsborough, California, and cause a summary to be published once within fifteen (15) days after its adoption in accordance with Government Code section 36933.

Section 7. The City Clerk shall submit a copy of this ordinance to the Department of Housing and Community Development within 60 days after adoption.

Section 8. If any provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this resolution are severable. The City Council declares that it would have adopted this resolution irrespective of the invalidity of any portion thereof.
__________________________________
Mayor of the Town of Hillsborough
______________________________
Attest: City Clerk
URGENCY ORDINANCE NO. ____ of the Town of Hillsborough introduced on December 12, 2022, and adopted on December 12, 2022, by the following vote of the City Council:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
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3 ABSTAIN: Councilmembers
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4 EXHIBIT A
Amended ADU Regulations
(follows this page)
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Chapter 17.52 Accessory Dwelling Units and Junior Accessory Dwelling Units

17.52.010 Definitions. As used in this chapter, terms are defined as follows:

A. “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. All references in this code to “second unit” refer to an ADU. An accessory dwelling unit also includes the following:

1. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and

2. A manufactured home, as defined by Section 18007 of the California Health and Safety Code.

B. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.

C. “Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

D. “Efficiency kitchen” means a kitchen that includes each of the following:

1. A cooking facility with appliances.

2. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

E. “Junior accessory dwelling unit” or “JADU” means a residential unit that

1. is no more than 500 square feet in size,

2. is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure,

3. includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure,

4. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.

5. includes an efficiency kitchen, as defined in subsection D above. -247-
F. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

G. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.

H. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

I. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

J. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

K. “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

17.52.020 General Provisions.

A. Purpose. The purpose of this chapter is to allow and regulate ADUs and JADUs in compliance with California Government Code sections 65852.2 and 65852.22.

B. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:

1. Deemed to be inconsistent with the Town’s general plan and zoning designation for the lot on which the ADU or JADU is located.

2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

3. Considered in the application of any local ordinance, policy, or program to limit residential growth.

4. Required to correct a nonconforming zoning condition, as defined in section

17.52.010. This does not prevent the Town from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.

C. Approvals. The following approvals apply to ADUs and JADUs under this section:

1. Building-permit Only. If an ADU or JADU complies with each of the general requirements in subsection D below, it is allowed with only a building permit in the following scenarios:
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a. Converted on Single-family Lot: One ADU as described in this subsection C.1.a. and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
(1) Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress may utilize reduced ADU setbacks. An expansion for purposed other than accommodating ingress and egress must comply with applicable setbacks. (2) Has exterior access that is independent of that for the single-family dwelling.
(3) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
(4) The JADU complies with the requirements of Government Code Section 65852.22.
b. Limited Detached on Single-family Lot: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection C.1.a above), if the detached ADU satisfies the following limitations:
(1) The side- and rear-yard setbacks are at least four-feet from the property line.
(2) The total floor area is 800 square feet or smaller. (3) The peak height above grade does not exceed the applicable height limit in subsection E.6 below.
c. Converted on Lot with Multifamily: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection (C)(1)(a), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units. d. Limited Detached with Multifamily: No more than two detached ADUs on a lot that has an existing or proposed multifamily dwelling if each detached ADU satisfies both of the following limitations:
(1) The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, -249-
the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.
(2) The peak height above grade does not exceed the applicable height limit provided in subsection E.6 below

2. ADU Planning Permit.
a. Except as allowed under subsection C.1 (Building Permit Only), no ADU may be created without an ADU Planning Permit and a Building Permit in compliance with the standards set forth in subsections D. (ADU and JADU Requirements) and E. (ADU Planning Permit Requirements), below. b. The Town may charge a fee to reimburse it for costs incurred in processing ADU Planning Permits, including the costs of adopting or amending the Town’s ADU ordinance. The ADU Planning Permit processing fee is determined by the Town Council by resolution.

D. ADU and JADU Requirements. The following requirements apply to all ministerial ADUs and JADUs that are applied for under subsections C.1 (Building Permit Only) or C.2 (ADU Planning Permit) above:

1. Zoning.
a. An ADU or JADU subject only to a building permit under subsection C.1. above may be created on a lot in a residential or mixed-use zone. b. An ADU or JADU subject to an ADU permit under subsection C.2. above may be created on a lot that is zoned to allow single-family dwelling residential use

2. Fire Sprinklers.
a. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
b. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

3. Rental.
a. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created. b. The renting of the primary dwelling, ADU, or JADU is not considered a business and is not subject to the provisions of Chapter 5.04. -250-

5. Owner Occupancy.
a. An ADU that is permitted after January 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirement
b. Unless applicable law requires otherwise, all ADUs that are permitted on or after January 1, 2025 are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person’s legal domicile and permanent residence. c. As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement of this paragraph does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

6. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Town. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the Town and must provide that:
a. Except as otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling. b. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
c. The deed restriction runs with the land and may be enforced against future property owners.
d. The deed restriction may be removed if the ADU or JADU is entirely physically removed. The remaining structure and improvements must otherwise comply with applicable provisions of this Code. e. The deed restriction is enforceable by the Director or his or her designee for the benefit of the Town. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the Town is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the -251-
ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

7. Income Reporting. In order to facilitate the Town’s obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 65852.2, the following requirements must be satisfied:
a. With the building-permit application, the applicant must provide the Town with an estimate of the projected annualized rent that will be charged for the ADU or JADU.
b. Within 90 days after each yearly anniversary of the issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the Town does not receive the report within the 90- day period, the owner is in violation of this Code, and the Town may send the owner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to submit the report within the 30-day period, the Town may enforce this provision in accordance with applicable law

8. Notice of Construction.
a. At least thirty calendar days before starting any construction of an ADU, the property owner shall mail written notice to all the owners of record of each of the adjacent residential parcels, utilizing the mail notice template provided by the town, which shall include the following information:
(1) Notice that construction has been authorized,
(2) The anticipated start and end dates for construction, (3) The hours of construction,
(4) Contact information for the project manager (for construction-related complaints), and
(5) Contact information for the Town building division. b. Within one business day of completion of mailing, the property owner shall submit to the building division a completed and signed affidavit of mailing, utilizing the affidavit of mailing template provided by the town. c. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under State law, the Town has no discretion in approving or denying a particular ADU project under this section. This notice requirement is purely to promote neighborhood awareness and expectation. -252-

9. Building and Safety.
a. Must comply with building code. Subject to subparagraph 9.b. below, all ADUs and JADUs must comply with all local building and fire code requirements.
b. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection E.9.b. prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

10. Structures and Equipment within Setbacks.

No structures or mechanical equipment may be located within the ADU setback area.

E. ADU Planning Permit Review Requirements. The following requirements apply only to ADUs that require an ADU Planning Permit as described under subsection C.2 above.

1. Maximum Size.
a. The maximum size of a detached or attached ADU subject to this subsection E is as follows:
(1) 850 square feet for a studio or one-bedroom unit, and (2) 1,000 square feet for an ADU that includes more than one bedroom b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling. c. Application of other development standards in this subsection E, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection E.1.b above or of an FAR, front setback, lot coverage, or open-space requirement may require the ADU to be less than 800 square feet or .

2. Floor Area Ratio (FAR). For each ADU that is subject to this subsection E, the total covered floor area of all dwellings and structures on the lot may not exceed 25 percent of the net lot area for the first acre, plus 15 percent of the net lot area over one acre, subject to subsection E.1.c. above. This percentage is known as the floor-area ratio (FAR) and is calculated by dividing the total covered floor area (in square feet) by the net lot area (also in square feet). -253-

3. Lot Coverage. Subject to subsection E.1.c. above, ADUs are subject to lot coverage limits. For purposes of this chapter, there are two types of residential lot coverage limits to which ADUs are subject together with the other dwelling and structures on the lot. These types are: structural coverage and hardscape coverage. a. Structural Coverage.
(1) Structural coverage consists of areas of the lot covered by a dwelling, a garage, a carport, and any other accessory structure having a roof and more than one wall.
(2) The maximum structural coverage of a lot is as follows:

Table 17.52.020-1
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. 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. 21,780 up to 32,670 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. 32,670 through 43,560 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.

Over 43,560 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.
b. Hardscape.
(1) 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. (2) Examples include, but are not limited to: decking, a concrete slab or walkway, a gazebo with no walls (just a roof).
c. Subject to the provisions of subsection E.3.a above, the combined total of structural plus hardscape coverage shall not exceed 50 percent of the net lot area; provided, however, that in any setback area adjacent to the street line, -254-
the combined total of structural plus hardscape coverage may not exceed 40 percent of such area.

4. Minimum Open Space. No ADU subject to this subsection E may cause the total percentage of open space of the lot to fall below 50 percent, subject to subsection E.1.c. above.

5. Notice of Limited Remaining Development Capacity. When 500 or fewer square feet remain in the allowable floor area, a notice (prepared by the Town) shall be recorded by the property owner to notify future owners that the square footage remaining for additional development of the property is minimal and that the building department should therefore be consulted as to whether any additional development is possible on the property.

6. Height.
a. Detached.
(1) Except as otherwise provided by subsections E.6.a.1 and E.6.a.2 below, a detached ADU created on a lot with an existing or proposed single-family dwelling unit may not exceed 16 feet in height.
(2) A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single-family dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
(3) The height of a detached ADU that is at least 20 feet from side and rear property lines, and at least 25 feet from all public right-of-way may be up to 22 feet in height, measured from existing grade, defined by subsection E.6.c below.
b. Attached. An ADU that is attached to the primary dwelling may not exceed 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection E.6.b may not exceed two stories. c. For purposes of this subsection E.6, height is measured above existing grade. “Existing Grade” means the legally established grade that exists at the time that the application is submitted.
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7. Setback.
a. Side and Rear. ADUs that are subject to this subsection E must conform to minimum 4-foot side and rear setbacks.
b. Front. ADUs that are subject to this subsection E must conform to 25-foot front setbacks.
c. No setback is required for an ADU that is subject to this subsection E if the ADU is constructed in the same location and to the same dimensions as an existing structure.

8. Passageway. No passageway, as defined by subsection H above, is required for an ADU.

9. Parking.
a. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection K above. The Town may restrict tandem parking or parking in setback areas in certain areas or throughout the Town if the Town finds that such parking configurations are not feasible based upon specific site or regional topographic or fire and life safety conditions. b. Exceptions. No parking under subsection E.9.a. is required in the following situations:
(1) The ADU is located within one-half mile walking distance of public transit, as defined in subsection J above.
(2) The ADU is located within an architecturally and historically significant historic district.
(3) The ADU is part of the proposed or existing primary residence or an accessory structure under subsection C.1.a. above.
(4) When on-street parking permits are required but not offered to the occupant of the ADU.
(5) When there is an established car share vehicle stop located within one block of the ADU.
(6) When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections E.9.b.1 through 5 above.
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c. No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

10. Architectural Requirements.
a. The materials and colors of the exterior walls, roof, windows, and doors of the ADU must match the materials and colors of the exterior walls, roof, windows, and doors of the primary dwelling.
b. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
c. The ADU or JADU must have an independent exterior entrance, apart from that of the primary dwelling.
d. All second-story windows and doors in an ADU that are less than thirty feet from a property line that is not a street line shall either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass. e. An ADU to be constructed on a lot that has an identified historical resource is subject to the ADU exception process.
f. Outdoor showers are not permitted within setback areas and shall not be visible from adjacent properties or the public right-of-way.

11. Landscape Requirements.
a. The ADU and primary dwelling must use the same driveway to access the street, unless otherwise required for fire apparatus access, as determined by CCFD.
b. Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels as follows:
(1) At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24-inch box size plant shall be provided for every 10 linear feet of exterior wall. This paragraph dictates the minimum number of required plantings, not the particular placement of those plantings.
(2) For a ground-level ADU, plant specimens must be at least six feet tall when installed. As an alternative, for a ground-level ADU, a solid fence of at least six feet in height may be installed.
(3) For a second-story ADU, plant specimens must be at least 12 feet tall when installed.
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12. Roof Decks. Roof decks are prohibited on any ADU.

13. Notice of Application.
a. Within three business days of submitting an application for an ADU under this section, the property owner shall mail written notice to all the owners of record of each of the adjacent residential parcels, utilizing the mail notice template provided by the town, which shall include the following information:
(1) Notice that an ADU Planning Permit application has been submitted, (2) The anticipated start and end dates for construction, (3) Contact information for the town planning division, and (4) Contact information for the property owner.
b. Within one business day of completion of mailing, the property owner shall submit to the building division a completed and signed affidavit of mailing, utilizing the affidavit of mailing template provided by the town. c. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under State law, the Town has no discretion in approving or denying a particular ADU project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

F. Impact Fees.

1. No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection F.1, “impact fee” means a “fee” under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.

2. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the primary dwelling, divided by the floor area of the ADU, times the typical fee amount charged for a new dwelling.) “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.

G. Process and Timing.

1. Building Permit Only and ADU Planning Permit applications are considered and approved ministerially, without discretionary review or a hearing. -258-

2. The Town must act on an application to create an ADU or JADU within 60 days from the date that the Town deems an application complete. If the Town does not act upon the completed application within 60 days, the application is deemed approved unless either:
a. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
b. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family dwelling on the lot, the Town may delay acting on the permit application for the ADU or JADU until the Town acts on the permit application to create the new single-family dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

3. If the Town denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection G.2 above.

4. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

H. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.

1. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

2. Unpermitted ADUs constructed before 2018.
a. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:
(1) The ADU violates applicable building standards, or
(2) The ADU does not comply with the state ADU law (Government Code section 65852.2) or this ADU ordinance (chapter 17.52). b. Exceptions:
(1) Notwithstanding subsection I.H.2.a above, the city may deny a permit to legalize an existing but unpermitted ADU that was constructed before -259-
January 1, 2018, if the city makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.
(2) Subsection I.H.2.a above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.

17.52.030 Nonconforming Domestic 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 unit that is converted to an ADU may be enlarged to a maximum floor area of one thousand four hundred square feet subject to the requirements of Section 17.52.020.

17.52.040 Conversion of existing residential space.

Recognizing that there may be a considerable existing stock of potential ADUs 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 ADU 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 an ADU in accordance with the provisions and requirements of this chapter.

17.52.050 ADU Exception Review.

A. An ADU or JADU that does not comply with every applicable standard in Section

17.52.020 may nevertheless be permitted by the director of building and planning, or the director's designee, at the director's or designee's discretion if the ADU or JADU undergoes the design review process set forth in Chapter 2.12 of this code (“ADU Exemption”). An ADU or JADU that does not comply with all the standards in Section 17.52.020 is considered a "type B project" under Section 2.12.070.A. -260-
B. Findings Required. The following findings shall be made in in advance of any approval of an ADU Exception:

1. The project is consistent with the Town General Plan;

2. The project is consistent with the Hillsborough Municipal Code, including the Town Zoning Ordinance;

3. The project is consistent with the Town Residential Design Guidelines;

4. The project is consistent with all other Town Land Use policies and plans;

5. The project has undergone the design review process outlined in Chapter 2.12 of this code;

6. The project has been publicly noticed as a "type B" project under Section

2.12.070.A of this code;

7. The project does not constitute a risk to the welfare of the Town and its residents;

8. The project does not constitute a risk to the health and safety of the Town and its residents.

An ADU that complies with all the standards in Section 17.52.020 is approved ministerially in accordance with that section, as indicated by subsection 2.12.070(A)(2)(c)(ix). -261-
Chapter 17.52 Accessory Dwelling Units and Junior Accessory Dwelling Units

17.52.010 Definitions.

As used in this chapter, terms are defined as follows:

A. "“Accessory dwelling unit"” or "“ADU"” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. All references in this code to "“second unit"” refer to an ADU. An accessory dwelling unit also includes the following:

1. 1. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and

2. 2. A manufactured home, as defined by Section 18007 of the California Health and Safety Code.

B. "“Accessory structure"” means a structure that is accessory and incidental to a dwelling located on the same lot.

C. "“Complete independent living facilities"” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

D. "“Efficiency kitchen"” means a kitchen that includes each of the following:

1. 1. A cooking facility with appliances.

2. A food preparation counter or counters that total at least fifteen square feet in area.

2. 3. Foodand storage cabinets that total at least thirty square feetare of shelf spacea reasonable size in relation to the size of the JADU.

E. "“Junior accessory dwelling unit"” or "“JADU"” means a residential unit that:

1. 1. Isis no more than five hundred500 square feet in size;,

2. 2. Isis contained entirely within an existing or proposed single-family structure;. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure,

3. 3. Includesincludes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure; and,

4. 4. IncludesIf the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed -262-
ATTACHMENT 2
single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.

5. includes an efficiency kitchen, as defined above. in subsection D above.

F. "“Living area"” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

G. "“Nonconforming zoning condition"” means a physical improvement on a property that does not conform with current zoning standards.

H. "“Passageway"” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

I. "“Proposed dwelling"” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

J. "“Public transit"” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

K. "“Tandem parking"” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

17.52.020 General provisions.Provisions.

A. A. Purpose. The purpose of this sectionchapter is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code sections 65852.2 and 65852.22.

B. B. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:

1. 1. Deemed to be inconsistent with the town'sTown’s general plan and zoning designation for the lot on which the ADU or JADU is located.

2. 2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

3. 3. Considered in the application of any local ordinance, policy, or program to limit residential growth.

4. 4. Required to correct a nonconforming zoning condition, as defined in subsection G above.section 17.52.010. This does not prevent the townTown from enforcing compliance with applicable building standards in accordance with Health and Safety Code Sectionsection 17980.12.
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C. C. Approvals. The following approvals apply to ADUs and JADUs under this section:

1. 1. Building-permit Only. If an ADU or JADU complies with each of the general requirements in subsection D below, it is allowed with only a building permit in the following scenarios:
a. a. Converted on Single-Familyfamily Lot.: One ADU as described in this subsection C.1.a. and one JADU on a lot with a proposed or existing singlefamily dwelling on it, where the ADU or JADU:
(1) i. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or within the existing space of an accessory structure, plus up to one hundred fifty150 additional square feet. An if the expansion is limited to accommodating ingress and egress may utilize reduced ADU setbacks. An expansion for purposed other than accommodating ingress and egress must comply with applicable setbacks.
(2) ii. Has exterior access that is independent of that for the single-family dwelling.
(3) iii. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
(4) b. The JADU complies with the requirements of Government Code Section 65852.22.
b. Limited Detached on Single-family Lot.: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection C.1.a. above), if the detached ADU satisfies the following limitations:
(1) i. The side- and rear-yard setbacks are at least four-feet from the property line.
(2) ii. The total floor area is eight hundred800 square feet or smaller. (3) iii. The peak height above grade does not exceed the applicable height limit in subsection E.6 below.
c. Converted on Lot with Multifamily: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection (C)(1)(a), at least one converted ADU is sixteenallowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units. -264-
d. Limited Detached with Multifamily: No more than two detached ADUs on a lot that has an existing or proposed multifamily dwelling if each detached ADU satisfies both of the following limitations:
(1) The side- and rear-yard setbacks are at least four feet or . If the existing multifamily dwelling has a rear or side yard setback of less from finished than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.
(2) The peak height above grade. does not exceed the applicable height limit provided in subsection E.6 below

2. 2. ADU Planning Permit.
a. a. Except as allowed under subsection 1 above (building permit onlyC.1 (Building Permit Only), no ADU may be created without an ADU planning permitPlanning Permit and a building permitBuilding Permit in compliance with the standards set forth in subsections D. (ADU and JADU requirementsRequirements) and E. (ADU planning permit
requirementsPlanning Permit Requirements), below.
b. b. The townTown may charge a fee to reimburse it for costs incurred in processing ADU planning permitsPlanning Permits, including the costs of adopting or amending the town'sTown’s ADU ordinance. The ADU planning permitPlanning Permit processing fee is determined by the town councilTown Council by resolution.

D. D. ADU and JADU Requirements. The following requirements apply to all ministerial ADUs and JADUs that are applied for under subsections C.1. (building permit only (Building Permit Only) or C.2 (ADU planning permitPlanning Permit) above:

1. 1. Zoning.
a. a. An ADU or JADU subject only to a building permit under subsection C.1. aboveI.C.1 above may be created on a lot in a residential or mixed-use zone. b. b. An ADU or JADU subject to an ADU permit under subsection C.2. above may be created on a lot that is zoned to allow single-family dwelling residential use

2. 2. Fire Sprinklers.
a. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
b. 3. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. -265-

3. Rental Term. .
a. No ADU or JADU may be rented for a term that is shorter than thirty30 days.

This prohibition applies regardless of when the ADU or JADU was created. b. 4. The renting of the primary dwelling, ADU, or JADU is not considered a business and is not subject to the provisions of Chapter 5.04.

4. No Separate Conveyance. An ADU or JADU may be rented, but except as otherwise provided in Government Code Section 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (.(in the case of a single-family lot). The renting of either the primary dwelling or the ADU shall not be considered a business and shall not be subject to the provisions of Chapter 5.04.) or from the lot and all of the dwellings (in the case of a lot with multifamily).

5. 5. Owner Occupancy.
a. All ADUs created before January 1, 2020 are subject to the owner-occupancy requirement that was in place when the ADU was created. a. b. An ADU that is createdpermitted after that dateJanuary 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirement. b. c. AllUnless applicable law requires otherwise, all ADUs that are createdpermitted on or after January 1, 2025 are subject to the requirements of State law in effect at that time. Should state law remain silent on this requirement, all ADUs finaled after this date are subject to thean owner - occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person'sperson’s legal domicile and permanent residence.
c. d. AllAs required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement of this paragraph does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

6. 6. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the county recorder'sCounty Recorder’s office and a copy filed with the townTown.

The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the townTown and must provide that:
a. a. TheExcept as otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling. -266-
b. b. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
c. c. The deed restriction runs with the land and may be enforced against future property owners.
d. d. The deed restriction may be removed if the ADU or JADU is entirely physically removed. The remaining structure and improvements must otherwise comply with applicable provisions of this Code. e. e. The deed restriction is enforceable by the directorDirector or his or her designee for the benefit of the townTown. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the townTown is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

7. 7. Income Reporting. In order to facilitate the Town’s obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 65852.2, the following requirements must be satisfied:
a. With the building-permit application, the applicant must provide the Town with an estimate of the projected annualized rent that will be charged for the ADU or JADU.
b. Within 90 days after each yearly anniversary of the issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the Town does not receive the report within the 90- day period, the owner is in violation of this Code, and the Town may send the owner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to submit the report within the 30-day period, the Town may enforce this provision in accordance with applicable law

8. Notice of Construction.
a. a. At least thirty calendar days before starting any construction of an ADU, the property owner shall mail written notice to all the owners of record of each of the adjacent residential parcels, utilizing the mail notice template provided by the town, which shall include the following information:
(1) i. Notice that construction has been authorized;,
(2) ii. The anticipated start and end dates for construction;, (3) iii. The hours of construction;,
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(4) iv. Contact information for the project manager (for constructionrelated complaints);), and (5) v. Contact information for the townTown building division. b. b. Within one business day of completion of mailing, the property owner shall submit to the building division a completed and signed affidavit of mailing, utilizing the affidavit of mailing template provided by the town. c. c. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under stateState law, the townTown has no discretion in approving or denying a particular ADU project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

9. 8. Building and Safety.
a. a. AllMust comply with building code. Subject to subparagraph 9.b. below, all ADUs and JADUs must comply with all local building and fire code requirements.
b. 9. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (E.)(9.)(b.) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

10. Structures and Equipment within Setbacks.
a. No structures or mechanical equipment may be located within the ADU setback area.

E. E. ADU Planning Permit Review Requirements. The following requirements apply only to ADUs that require an ADU planning permitPlanning Permit as described under subsection C.2 above.

1. 1. Maximum Size.
a. a. The maximum size of a detached or attached ADU subject to this subsection E is as follows. :
(1) (1) Eight hundred fifty850 square feet. for a studio or one-bedroom unit, and
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(2) (2) One thousand1,000 square feet for an ADU that providesincludes more than one bedroom.
b. b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.
c. c. Application of other development standards in this subsection E, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection E.1.b above or of an FAR, front setback, lot coverage, or open-space requirementsrequirement may require the ADU to be less than 800 square feet or 16 feet in height. .

2. 2. Floor Area Ratio (FAR). For each ADU that is subject to this subsection E, the total covered floor area of all dwellings and structures on the lot may not exceed twenty-five25 percent of the net lot area for the first acre, plus fifteen15 percent of the net lot area over one acre, subject to subsection E.1.c. above. This percentage is known as the floor-area ratio (FAR) and is calculated by dividing the total covered floor area (in square feet) by the net lot area (also in square feet).

3. 3. Lot Coverage. Subject to subsection E.1.c. above, ADUs are subject to lot coverage limits. For purposes of this chapter, there are two types of residential lot coverage limits to which ADUs are subject together with the other dwelling and structures on the lot. These types are: structural coverage and hardscape coverage. a. a. Structural Coverage.
(1) i. Structural coverage consists of areas of the lot covered by a dwelling, a garage, a carport, and any other accessory structure having a roof and more than one wall.
(2) ii. The maximum structural coverage of a lot is as follows:

Table 17.52.020-1
Lot size (net lot areaSize (Net
Lot Area)
Maximum areaArea of lot permittedLot Permitted to be
coveredCovered
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. 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.
21,780 up to 32,670 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.
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Lot size (net lot areaSize (Net
Lot Area)
Maximum areaArea of lot permittedLot Permitted to be
coveredCovered
32,670 through 43,560 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.

Over 43,560 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.
b. b. Hardscape.
(1) i. 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. (2) ii. Examples include, but are not limited to: decking, a concrete slab or walkway, a gazebo with no walls (just a roof).
c. c. Subject to the provisions of subsection E.3.a. above, the combined total of structural plus hardscape coverage shall not exceed fifty50 percent of the net lot area; provided, however, that in any setback area adjacent to the street line, the combined total of structural plus hardscape coverage may not exceed forty40 percent of such area.

4. 4. Minimum Open Space. No ADU subject to this subsection E may cause the total percentage of open space of the lot to fall below fifty50 percent, subject to subsection E.1.c. above.

5. 5. Notice of Limited Remaining Development Capacity. When five hundred500 or fewer square feet remain in the allowable floor area, a notice (prepared by the townTown) shall be recorded by the property owner to notify future owners that the square footage remaining for additional development of the property is minimal and that the building department should therefore be consulted as to whether any additional development is possible on the property.

6. 6. Height.
a. Detached.
(1) Except as otherwise provided by subsections E.6.a. 1 and E.6.a.2 below, a detached ADU created on a lot with an existing or proposed single-family dwelling unit may not exceed 16 feet in height.
(2) A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single-family dwelling unit that is located -270-
within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
b. The height of an attached ADU that is and at least twenty feet from side and rear property lines may not exceed twenty-two feet, measured from existing grade, as "existing grade" is defined by Section 17.28.010 of this code, unless the attached ADU is located entirely within the building envelope, as "building envelope" is defined by Section 17.28.010 of this code, in which case the ADU may be up to thirty-two feet in height.
(1)(3) c.The height of a detached ADU that is at least 20 feet from side and rear property lines, and at least 25 feet from all public right-of-way may exceed twenty two feet,sixteen be up to 22 feet in height, measured from existing grade, as "existing grade" is defined by Section 17.28.010 of this codesubsection E.6.c below.
b. 7. Attached. An ADU that is attached to the primary dwelling may not exceed 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection E.6.b may not exceed two stories. c. For purposes of this subsection E.6, height is measured above existing grade. “Existing Grade” means the legally established grade that exists at the time that the application is submitted.

7. Setback.
a. a. Side and Rear. An ADUADUs that isare subject to this subsection E must conform to minimum four4-foot side- and rear-yard setbacks. b. b. Front. An ADUADUs that isare subject to this subsection E must conform to a twenty-five25-foot front setbacks.
c. No setback. is required for an ADU that is subject to this subsection E if the ADU is constructed in the same location and to the same dimensions as an existing structure.

8. 8. Passageway. No passageway, as defined by subsection H above, is required for an ADU.

9. 9. Parking.
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a. a. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection K above. The townTown may restrict tandem parking or parking in setback areas in certain areas or throughout the townTown if the townTown finds that such parking configurations are not feasible based upon specific site or regional topographic or fire and life safety conditions. b. b. Exceptions. No parking under subsection E.9.a. is required in the following situations:
(1) i. The ADU is located within one-half mile walking distance of public transit, as defined in subsection J above.
(2) ii. The ADU is located within an architecturally and historically significant historic district.
(3) iii. The ADU is part of the proposed or existing primary residence or an accessory structure under subsection C.1.a. above.
(4) iv. When on-street parking permits are required but not offered to the occupant of the ADU.
(5) v. When there is an established car share vehicle stop located within one block of the ADU.
(6) c. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections E.9.b.1 through 5 above. c. No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

10. 10. Architectural Requirements.
a. a. The materials and colors of the exterior walls, roof, windows, and doors of the ADU must match the materials and colors of the exterior walls, roof, windows, and doors of the primary dwelling.
b. b. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
c. c. The ADU or JADU must have an independent exterior entrance, apart from that of the primary dwelling.
d. d. All second-story windows and doors in an ADU that are less than thirty feet from a property line that is not a street line shall either be (for windows) -272-
clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass. e. e. An ADU to be constructed on a lot that has an identified historical resource is subject to the ADU exception process.
f. f. Outdoor showers are not permitted within setback areas and shall not be visible from adjacent properties or the public right-of-way.

11. 11. Landscape Requirements.
a. a. The ADU and primary dwelling must use the same driveway to access the street, unless otherwise required for fire apparatus access, as determined by CCFD.
b. b. Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels as follows:
(1) i. At least one fifteen15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one twenty-four24- inch box size plant shall be provided for every ten10 linear feet of exterior wall. This paragraph dictates the minimum number of required plantings, not the particular placement of those plantings.
(2) ii. For a ground-level ADU, plant specimens must be at least six feet tall when installed. As an alternative, for a ground-level ADU, a solid fence of at least six feet in height may be installed.
(3) iii. For a second -story ADU, plant specimens must be at least twelve12 feet tall when installed.

12. 12. Roof Decks.
a. Roof decks are prohibited on any ADU.

13. 13. Notice of Application.
a. a. Within three business days of submitting an application for an ADU under this section, the property owner shall mail written notice to all the owners of record of each of the adjacent residential parcels, utilizing the mail notice template provided by the town, which shall include the following information:
(1) i. Notice that an ADU planning permitPlanning Permit application has been submitted;,
(2) ii. The anticipated start and end dates for construction;, (3) iii. Contact information for the town planning division;, and -273-
(4) iv. Contact information for the property owner.
b. b. Within one business day of completion of mailing, the property owner shall submit to the building division a completed and signed affidavit of mailing, utilizing the affidavit of mailing template provided by the town. c. c. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under stateState law, the townTown has no discretion in approving or denying a particular ADU project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

F. F. Impact Fees.

1. 1. No impact fee is required for an ADU that is less than seven hundred fifty750 square feet in size. For purposes of this subsection F.1, “impact fee” means a “fee” under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.

2. 2. Any impact fee that is required for an ADU that is seven hundred fifty750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit (e. (E.g.., the floor area of the primary dwelling, divided by the floor area of the ADU, times the typical fee amount charged for a new dwelling.) "“Impact fee"” here does not include any connection fee or capacity charge for water or sewer service.

G. G. Process and Timing.

1. 1. Building permit onlyPermit Only and ADU planning permitPlanning Permit applications are considered and approved ministerially, without discretionary review or a hearing.

2. 2. The townTown must act on an application to create an ADU or JADU within sixty60 days from the date that the townTown deems an application complete. If the townTown does not act upon the completed application within sixty60 days, the application is deemed approved unless either:
a. a. The applicant requests a delay, in which case the sixty60-day time period is tolled for the period of the requested delay;, or
b. b. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family dwelling on the lot, the townTown may delay acting on the permit application for the ADU or JADU until the townTown acts on the permit application to create the new singlefamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. -274-

4. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

H. Nonconforming domestic units.Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.

1. A. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

2. Unpermitted ADUs constructed before 2018.
a. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:
(1) The ADU violates applicable building standards, or
(2) The ADU does not comply with the state ADU law (Government Code section 65852.2) or this ADU ordinance (chapter 17.52). b. Exceptions:
(1) Notwithstanding subsection I.H.2.a above, the city may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the city makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.
(2) Subsection I.H.2.a above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.

17.52.030 Nonconforming Domestic 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 -275-
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. 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. C. Notwithstanding the foregoing, an existing detached domestic unit that is converted to an ADU may be enlarged to a maximum floor area of one thousand four hundred square feet subject to the requirements of Section 17.52.020.

17.52.040 Conversion of existing residential space.

17.52.050 ADU exception review.Exception Review.

A. A. An ADU or JADU that does not comply with every applicable standard in Section

17.52.020 may nevertheless be permitted by the director of building and planning, or the director's designee, at the director's or designee's discretion if the ADU or JADU undergoes the design review process set forth in Chapter 2.12 of this code. (“ADU Exemption”). An ADU or JADU that does not comply with all the standards in Section 17.52.020 is considered a "type B project" under subsectionSection

2.12.070.A.

B. B. Findings Required. The following findings shall be made in in advance of any approval of an exception ADU: Exception:

1. 1. The project is consistent with the town general plan; Town General Plan;

2. 2. The project is consistent with this codethe Hillsborough Municipal Code, including the town zoning ordinance; Town Zoning Ordinance;

3. 3. The project is consistent with the town residential design guidelines; Town Residential Design Guidelines;

4. 4. The project is consistent with all other town land useTown Land Use policies and plans;
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5. 5. The project has undergone the design review process outlined in Chapter

2.12 of this code;

6. 6. The project has been publicly noticed as a "type B" project under Section

2.12.070.A of this code;

7. 7. The project does not constitute a risk to the welfare of the townTown and its residents;

8. 8. The project does not constitute a risk to the health and safety of the townTown and its residents.

An ADU that complies with all the standards in Section 17.52.020 is approved ministerially in accordance with that section, as indicated by subsection 2.12.070.(A.)(2.)(c.)(ix. ). -277-
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
11 INFORMATIONAL

CITY COUNCIL MEETING
DECEMBER 12, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: CITY MANAGER'S UPDATE
SUMMARY: The City Manager will provide an informational update related to Town projects, events and activities of interest to the community.

FISCAL IMPACT: There is no fiscal impact associated with this agenda item.

ENVIRONMENTAL ISSUES: This informational item is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) guidelines sections 15378(b)(2) and 15378(b)(5) as ongoing administrative or organizational activities that will not result in direct or indirect physical changes in the environment.

ATTACHMENTS: None
PREPARED BY: Ann Ritzma, City Manager
RECOMMENDATION: For information only; no action required. -279-

Hillsborough City CouncilDecember 12, 2022

Hillsborough City Council
December 12, 2022