For your information, pursuant to Government Code section 65583.3, the Town must submit an electronic sites inventory with its adopted housing element. The Town must utilize standards, forms, and definitions adopted by HCD. Please see HCD’s housing element webpage at https://www.hcd.ca.gov/planning-and-communitydevelopment/housing-elements for a copy of the form and instructions. The Town can reach out to HCD at [email protected] for technical assistance.
Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the Town should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.
Specific analysis and actions are necessary if the housing element relies upon nonvacant sites to accommodate more than 50 percent of the RHNA for lower-income households. For your information, the housing element must demonstrate existing uses are not an impediment to additional residential development and will likely discontinue in the planning period. (Gov. Code, § 65583.2, subd. (g)(2).) Absent findings (e.g., adoption resolution) based on substantial evidence, the existing uses will be presumed to impede additional residential development and will not be utilized toward demonstrating adequate sites to accommodate the RHNA.
For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the Town to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant, the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities program, and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the Town meets housing element requirements for these and other funding sources.
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Doug Davis, Town Manager
HCD appreciates the cooperation the Hillsborough team provided during the course of the housing element review. HCD wishes the Town success in implementing its housing element and looks forward to following its progress through the General Plan annual progress reports pursuant to Government Code section 65400. If HCD can provide assistance in implementing the housing element, please contact Anthony Errichetto, of our staff, at [email protected].
Sincerely,
Melinda Coy
Proactive Housing Accountability Chief
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH AMENDING CHAPTERS 17.04, 17.12, AND 17.16 OF THE HILLSBOROUGH
MUNICIPAL CODE RELATING TO ZONING AND USES PERMITTED AND REZONING TWO TOWN OWNED PROPERTIES, PURSUANT TO THE TOWN’S HOUSING ELEMENT UPDATE (2023-2031)
WHEREAS, California Government Code Section 65300 requires the Town adopt a comprehensive long-term General Plan for the physical development of the Town; and WHEREAS, amendments to the Municipal Code relating to zoning and uses permitted are necessary in order to ensure consistency with the Town’s General Plan, pursuant to the Housing Element Update (2023-2031) (the “Zoning Code Update”); and WHEREAS, the City Council previously conducted a duly noticed public hearing on January 23, 2023 and January 30, 2023, at which time the City Council provided direction to staff on the allocation of housing units and opportunity sites to be included in the Housing Element, including direction on the rezoning of two Town owned properties to allow for multifamily residential in furtherance of the Housing Element; and WHEREAS, the Town, as lead agency under the California Environmental Quality Act (“CEQA”), prepared an Environmental Impact Report (EIR) for the Housing Element, Zoning Code Update, and minor amendments to the Land Use Element and General Plan Land Use Map, Open Space and Conservation Element, and Public Safety Element, that will be made to implement the 6th Cycle Housing Element, and circulated it for public review pursuant to State CEQA Guidelines; and
WHEREAS, on December 20, 2023, pursuant to the California Environmental Quality Act (“CEQA”) the City Council adopted Resolution No. ___ certifying an Environmental Impact Report (EIR) for the Housing Element 2023-2031, adopting findings and a statement of overriding considerations, and a mitigation monitoring and reporting program. The EIR evaluated and disclosed the potential significant impacts that may arise from implementation of the Housing Element 2023-2031 as well as the proposed Zoning Code Update, which were analyzed and disclosed in the certified EIR; and
WHEREAS, the amendments to the Municipal Code in the form of the Zoning Code Update are deemed beneficial to the community, as they are consistent with and/or implement the Housing Element 2023-2031 Policies, Goals, and Actions which provide the Town of Hillsborough with a coordinated and comprehensive strategy for promoting the production of safe, decent, and affordable housing throughout the community; and WHEREAS, the amendments to the Municipal Code implement the Housing Element 2023-2031 Policies, Goals, and Actions including:
• Goal 1.4 Amend the Town’s zoning regulations to comply with all recently adopted state legislation.
ATTACHMENT 3
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2 • Goal 1.5: Amend the Town’s zoning regulations to accommodate a variety of housing types.
• Policy 3: Facilitate Housing Development on Public, Commercial, Nonprofit, and Institutionally Owned Sites
• Goal 3.3: Facilitate the development of housing at the Town Hall Campus. • Action 3.3 (d): Amend the zoning for the Town Hall Campus to permit development of housing ‘by right’ within the time limits required by State law. .
The Town commits to rezoning this site pursuant to Government Code section 65583.2, subdivision (h) and (i).
• Goal 3.4: Facilitate the development of housing at the Tobin Clark housing opportunity site.
• Action 3.4 (d): Amend the zoning for the Tobin Clark property to permit development of housing ‘by right’ within the time limits required by State law.
The Town commits to rezoning this site pursuant to Government Code section 65583.2, subdivision (h) and (i).
WHEREAS, the City Council conducted a duly noticed public hearing on December 20, 2023, at which time the City Council fully considered all oral and written testimony and facts and opinions offered at the aforesaid public hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH DOES ORDAIN AS FOLLOWS:
Section 1. Pursuant to CEQA and the State CEQA Guidelines, the City Council adopted Resolution No. ____ certifying an Environmental Impact Report (EIR) for the Housing Element 2023-2031, adopting findings and a statement of overriding considerations, and a mitigation monitoring and reporting program. The EIR evaluated and disclosed the potential significant impacts that may arise from implementation of the Housing Element 2023-2031 as well as the proposed Zoning Code Update, which were analyzed and disclosed in the certified EIR.
Section 2. Chapters 17.04, 17.12, and 17.16 are hereby amended in its entirety as set forth in Exhibit A, incorporated by this reference.
Section 3. The City Council hereby adopts the Zoning Map as set forth in Exhibit B, incorporated by this reference.
Section 4. If any section, subsection, clause or phrase in this Ordinance or the application thereof to any person or circumstances is for any reason held invalid, the validity of the remainder of this Ordinance or the application of such provisions to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases or the application thereof to any person or circumstance be held invalid.
Section 5. No less than five days prior to the adoption of this Ordinance, the City Clerk published a summary of this Ordinance in accordance with Government Code section 36933. -140-
3 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 passage in a newspaper of general circulation, printed, published and circulated in the City in accordance with Government Code section 36933.
Section 6. This Ordinance shall take effect 30 days after adoption by the City Council. __________________________________
Mayor of the Town of Hillsborough
______________________________
Attest: City Clerk
ORDINANCE NO. ____ of the Town of Hillsborough introduced on _____________, and adopted on _____________ by the following vote of the City Council:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
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Title 17 - ZONING
Chapter 17.04 GENERAL PROVISIONS*
Chapter 17.04 GENERAL PROVISIONS*
Sections:
17.04.010 Purposes.
The purpose of this Chapter is to establish the zoning districts of the Town. This zoning ordinance is adopted to protect and promote the public health, safety, comfort, convenience, prosperity, and general welfare of residents in the town. Additional purposes of this zoning ordinance are to:
A. Implement the goals, objectives, policies, and programs of the general plan and to manage future growth and development in accordance with that plan;
B. Conserve and protect the natural resources, natural beauty, and significant environmental amenities of the town;
C. Promote adequate light, air, privacy, and open space for each dwelling; D. Retain the scale and character of existing residential neighborhoods. (Ord. 683 § 4, 2008: Ord. 639 § 8 (part), 2003)
17.04.020 Short title.
This title shall be known as the "Hillsborough Zoning Ordinance." (Ord. 639 § 8 (part), 2003)
17.04.030 Zoning map.
The town shall adopt a map, known as the zoning map, delineating the boundaries of the residence district with the town each district within the town. All development and use of lands within the Town’s jurisdiction shall comply with this Chapter, based on the zoning district classification specified on the Zoning Map. A copy of the zoning map shall be kept on file with the city clerk.
(Ord. 639 § 8 (part), 2003)
Chapter 17.12 RESIDENCE DISTRICT*ZONING DISTRICTS
Sections:
17.12.010 Creation of residence district Establishment of Zoning Districts.
The following zoning districts are established:
1) Traditional Residential (RD-1)
2) Mixed Residential District (RD-2)
3) Governmental and Residential Mixed Use (RD-3)
EXHIBIT "A" - REDLINE
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1) There is one zone within the town, namely, the residence district ("RD"), which consists of all of the land within the boundaries of the town.
2) (Ord. 639 § 10, 2003)
Chapter 17.16 USES PERMITTED
Sections:
17.16.010 Designated. Purpose.
A. Purpose. The purpose of this chapter is to establish the allowed principal Permitted Uses and Uses Permitted with a Special Permit in each zoning district, including how they are regulated.
Subject to all other applicable provisions of this code and other law, the following uses are all of the uses that are permitted within the residence each district:
a. Traditional Residential (RD-1). The Traditional Residential district (previously known as “RD”) allows for the development of single-family dwellings in a manner that is consistent with the existing character of the community and subject to all existing development standards. The maximum allowed density is one single-family dwelling per ½ acre, exclusive of accessory dwelling units.
b. Mixed Residential (RD-2). The Mixed Residential district is established to accommodate the development of townhomes and multifamily buildings on certain Town owned land. The minimum allowed density is 20 units per acre.
c. Governmental and Residential Mixed Use (RD-3). The Governmental and Residential MixedUse district is established to accommodate the development of Town of Hillsborough facilities as well as limited residential units on certain Town owned land. A maximum of 16 dwelling units may be accommodated on the land zoned in this district.
B. Allowed Uses. A “P” in the table below indicates that a use is permitted in the district. An “S” in the table below indicates that a use is permitted with a special permit only. A blank space in the table below indicates that a use is prohibited in the district.
Use Supplemental
Use Standards RD-1 RD-2 RD-3
Single-family dwelling 17.16.10(A)(1)(a) P P
Accessory Structures 17.16.10(A)(1)(b) P P
Country Club 17.16.10(A)(1)(c) P
Multi-family Housing P P
Public Parks/Playgrounds P P P
Public Buildings P P
Town Facilities P P P
Telecommunications structures P P P
Public Schools P
Private Schools 17.16.10(A)(1)(d) S S S
Public Utilities P P P
Town Owned Open Space P P
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Accessory Dwelling Units P P P
Emergency Shelter 17.16.10(A)(1)(e) P P
Single-Room Occupancies P P
Home Business 17.16.10(A)(1)(f) S S S
Commercial Film Production 17.16.10(A)(1)(g) S S S
Fundraising Event 17.16.10(A)(1)(h) S S S
Family Day Care Home 17.16.10(A)(1)(i) P P P
Residential Care Facility 17.16.10(A)(1)(j) P P P
Transitional and Supportive Housing 17.16.10(A)(1)(k) P P P
1. Supplemental Use Standards.
a. Single-family Dwelling. A limited long-term room rental shall be deemed part of the permitted use as a single-family dwelling. (See Section 17.08.115.) b. Accessory Structures. Accessory tennis courts or play courts shall not be lit. c. Country Club.
i. Country club which includes shall include all social and commercial activities normally conducted within a country club.
ii. Multifamily rental housing on the country club site for use and occupancy by employees of the country club is permitted.
d. Private School. Private schools and all structures and playgrounds incident thereto shall require a current and valid permit as detailed in Section 17.16.030 of this chapter. e. Emergency Shelter. Emergency Shelters, as defined in California Health and Safety Code Section 50801(e), are allowed by right within RD-2 and RD-3 Zoning Districts, subject to the following objective standards, as allowed by Government Code Section 65583 (a)(4)(A):
i. Up to three beds shall be permitted on the premises. No more than three clients shall be permitted on the premises at any time;
ii. On-site parking shall be provided to accommodate all staff working in the emergency shelter at any given time;
iii. All waiting and client in-take areas shall be entirely within the building enclosing the Emergency Shelter;
iv. On-site management of the operation shall be present at all times that the facility is in operation. An on-site management plan is subject to review and approval by the police chief and shall include but not be limited to the number of employees, hours of operation, provision for transporting residents, provisions for providing personal hygiene, and provision for supplying food; v. Emergency shelter facilities are required to be not more than 300 feet from any other emergency shelter, as measured from the property line; vi. Clients are limited to stays for no more than 30 days, unless a longer time period is required by state law;
vii. All exterior lighting shall be downlit, shall not be directed toward the street, the sky or neighboring properties and shall be a maximum of 60 watts; -144-
viii. No exterior signage associated with the facility is permitted except as outlined in Chapter 17.48 of the Hillsborough Municipal Code;
ix. An on-site security plan and the rules of the facility shall be subject to review and approval by the chief of police to ensure that nuisance activities are prevented.
The plan shall include but not be limited to provision of an alarm system, locks, and a screening process to ensure that persons with outstanding warrants and convicted sex offenders are not permitted to occupy the premises; x. The facility shall comply with all health and safety requirements of the County, State and Federal governments.
e.f. Home Business. Home businesses shall require a current and valid permit as detailed in Section 17.16.015 of this chapter.
f.g. Commercial Film Production. Commercial film production shall require a current and valid film production permit as detailed in Section 17.16.012 of this chapter. g.h. Fundraising Event. A fundraising event shall require a permit as detailed in Chapter 5.16 of this code.
i. Family Day Care Home. Family day care home for children in a single-family residence, to the extent mandated by California Health and Safety Code Section 1596.70 et seq. Any family day care home for children shall comply with Section 17.16.040 of this chapter.
Such facilities shall meet all requirements of this code applicable to residential uses in the town, including but not limited to parking, spacing, setbacks, and traffic and noise control.; j. Residential Care Facility. Residential care facility for the elderly in a single-family dwelling, to the extent mandated by California Health and Safety Code Section 1569.85. Such facilities shall meet all requirements of the Hillsborough Municipal Code, including but not limited to parking, relating to single-family residences. k. Transitional and Supportive Housing. Transitional and supportive housing as defined respectively in California Health and Safety Code Sections 50675.2(h) and 50675.14(b).
Such facilities shall meet all requirements of the Hillsborough Municipal Code, including but not limited to parking, relating to single-family residences.
C. Legal Nonconforming Uses.
1. Hillsborough Racquet Club (a membership social club incorporated on September 14, 1937, and since then continuously located at its present site at 252 El Cerrito Avenue, all prior to the adoption of the original residence district zoning ordinance (Ord. 143) on December 13, 1937) including all social and commercial activities traditionally conducted within the racquet club;
2. Structures meeting the definition of detached domestic units and in existence as of January 10, 1983.
(Ord. 683 § 6, 2008; Ord. 665 § 3, 2006; Ord. 648 § 7 (part), 2003; Ord. 639 § 11, 2003: Ord. 614 § 5, 2000; Ord. 613 §§ 1, 2, 2000; Ord. 603 § 2, 1999; Ord. 591 § 1, 1999; Ord. 392 § 1, 1984; Ord. 390 § 1, 1984; Ord. 381 §§ 1, 2, 1983; Ord. 350 § 1, 1978; Ord. 334 § 1, 1976; Ord. 323 § 1, 1973; prior code § 101.2.16) (Ord. No. 688, § 1, 6-14-2010; Ord. No. 713, § 3, 4-7-2014; Ord. No. 761, § 11, 1-13-2020; Ord. No. 776, § 2, 12-13- 2021)
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Title 17 - ZONING
Chapter 17.04 GENERAL PROVISIONS*
Chapter 17.04 GENERAL PROVISIONS*
Sections:
17.04.010 Purposes.
The purpose of this Chapter is to establish the zoning districts of the Town. This zoning ordinance is adopted to protect and promote the public health, safety, comfort, convenience, prosperity, and general welfare of residents in the town. Additional purposes of this zoning ordinance are to:
A. Implement the goals, objectives, policies, and programs of the general plan and to manage future growth and development in accordance with that plan;
B. Conserve and protect the natural resources, natural beauty, and significant environmental amenities of the town;
C. Promote adequate light, air, privacy, and open space for each dwelling; D. Retain the scale and character of existing residential neighborhoods. (Ord. 683 § 4, 2008: Ord. 639 § 8 (part), 2003)
17.04.020 Short title.
This title shall be known as the "Hillsborough Zoning Ordinance." (Ord. 639 § 8 (part), 2003)
17.04.030 Zoning map.
The town shall adopt a map, known as the zoning map, delineating the boundaries of each district within the town. All development and use of lands within the Town’s jurisdiction shall comply with this Chapter, based on the zoning district classification specified on the Zoning Map. A copy of the zoning map shall be kept on file with the city clerk.
(Ord. 639 § 8 (part), 2003)
Chapter 17.12 ZONING DISTRICTS
Sections:
17.12.010 Establishment of Zoning Districts.
The following zoning districts are established:
1) Traditional Residential (RD-1)
2) Mixed Residential District (RD-2)
3) Governmental and Residential Mixed Use (RD-3)
EXHIBIT "A" - CLEAN VERSION
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Chapter 17.16 USES PERMITTED
Sections:
17.16.010 Purpose.
A. Purpose. The purpose of this chapter is to establish the allowed principal Permitted Uses and Uses Permitted with a Special Permit in each zoning district, including how they are regulated.
Subject to all other applicable provisions of this code and other law, the following uses are all of the uses that are permitted within each district:
a. Traditional Residential (RD-1). The Traditional Residential district (previously known as “RD”) allows for the development of single-family dwellings in a manner that is consistent with the existing character of the community and subject to all existing development standards. The maximum allowed density is one single-family dwelling per ½ acre, exclusive of accessory dwelling units.
b. Mixed Residential (RD-2). The Mixed Residential district is established to accommodate the development of townhomes and multifamily buildings on certain Town owned land. The minimum allowed density is 20 units per acre.
c. Governmental and Residential Mixed Use (RD-3). The Governmental and Residential MixedUse district is established to accommodate the development of Town of Hillsborough facilities as well as limited residential units on certain Town owned land. A maximum of 16 dwelling units may be accommodated on the land zoned in this district.
B. Allowed Uses. A “P” in the table below indicates that a use is permitted in the district. An “S” in the table below indicates that a use is permitted with a special permit only. A blank space in the table below indicates that a use is prohibited in the district.
Use Supplemental
Use Standards RD-1 RD-2 RD-3
Single-family dwelling 17.16.10(A)(1)(a) P P
Accessory Structures 17.16.10(A)(1)(b) P P
Country Club 17.16.10(A)(1)(c) P
Multi-family Housing P P
Public Parks/Playgrounds P P P
Public Buildings P P
Town Facilities P P P
Telecommunications structures P P P
Public Schools P
Private Schools 17.16.10(A)(1)(d) S S S
Public Utilities P P P
Town Owned Open Space P P
Accessory Dwelling Units P P P
Emergency Shelter 17.16.10(A)(1)(e) P P
Single-Room Occupancies P P
Home Business 17.16.10(A)(1)(f) S S S
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Commercial Film Production 17.16.10(A)(1)(g) S S S
Fundraising Event 17.16.10(A)(1)(h) S S S
Family Day Care Home 17.16.10(A)(1)(i) P P P
Residential Care Facility 17.16.10(A)(1)(j) P P P
Transitional and Supportive Housing 17.16.10(A)(1)(k) P P P
1. Supplemental Use Standards.
a. Single-family Dwelling. A limited long-term room rental shall be deemed part of the permitted use as a single-family dwelling. (See Section 17.08.115.) b. Accessory Structures. Accessory tennis courts or play courts shall not be lit. c. Country Club.
i. Country club shall include all social and commercial activities normally conducted within a country club.
ii. Multifamily rental housing on the country club site for use and occupancy by employees of the country club is permitted.
d. Private School. Private schools and all structures and playgrounds incident thereto shall require a current and valid permit as detailed in Section 17.16.030 of this chapter. e. Emergency Shelter. Emergency Shelters, as defined in California Health and Safety Code Section 50801(e), are allowed by right within RD-2 and RD-3 Zoning Districts, subject to the following objective standards, as allowed by Government Code Section 65583 (a)(4)(A):
i. Up to three beds shall be permitted on the premises. No more than three clients shall be permitted on the premises at any time;
ii. On-site parking shall be provided to accommodate all staff working in the emergency shelter at any given time;
iii. All waiting and client in-take areas shall be entirely within the building enclosing the Emergency Shelter;
iv. On-site management of the operation shall be present at all times that the facility is in operation. An on-site management plan is subject to review and approval by the police chief and shall include but not be limited to the number of employees, hours of operation, provision for transporting residents, provisions for providing personal hygiene, and provision for supplying food; v. Emergency shelter facilities are required to be not more than 300 feet from any other emergency shelter, as measured from the property line; vi. Clients are limited to stays for no more than 30 days, unless a longer time period is required by state law;
vii. All exterior lighting shall be downlit, shall not be directed toward the street, the sky or neighboring properties and shall be a maximum of 60 watts; viii. No exterior signage associated with the facility is permitted except as outlined in Chapter 17.48 of the Hillsborough Municipal Code;
ix. An on-site security plan and the rules of the facility shall be subject to review and approval by the chief of police to ensure that nuisance activities are prevented.
The plan shall include but not be limited to provision of an alarm system, locks, -149-
and a screening process to ensure that persons with outstanding warrants and convicted sex offenders are not permitted to occupy the premises; x. The facility shall comply with all health and safety requirements of the County, State and Federal governments.
f. Home Business. Home businesses shall require a current and valid permit as detailed in Section 17.16.015 of this chapter.
g. Commercial Film Production. Commercial film production shall require a current and valid film production permit as detailed in Section 17.16.012 of this chapter. h. Fundraising Event. A fundraising event shall require a permit as detailed in Chapter 5.16 of this code.
i. Family Day Care Home. Family day care home for children in a single-family residence, to the extent mandated by California Health and Safety Code Section 1596.70 et seq. Any family day care home for children shall comply with Section 17.16.040 of this chapter.
Such facilities shall meet all requirements of this code applicable to residential uses in the town, including but not limited to parking, spacing, setbacks, and traffic and noise control.; j. Residential Care Facility. Residential care facility for the elderly in a single-family dwelling, to the extent mandated by California Health and Safety Code Section 1569.85. Such facilities shall meet all requirements of the Hillsborough Municipal Code, including but not limited to parking, relating to single-family residences. k. Transitional and Supportive Housing. Transitional and supportive housing as defined respectively in California Health and Safety Code Sections 50675.2(h) and 50675.14(b).
Such facilities shall meet all requirements of the Hillsborough Municipal Code, including but not limited to parking, relating to single-family residences.
C. Legal Nonconforming Uses.
1. Hillsborough Racquet Club (a membership social club incorporated on September 14, 1937, and since then continuously located at its present site at 252 El Cerrito Avenue, all prior to the adoption of the original residence district zoning ordinance (Ord. 143) on December 13, 1937) including all social and commercial activities traditionally conducted within the racquet club;
2. Structures meeting the definition of detached domestic units and in existence as of January 10, 1983.
(Ord. 683 § 6, 2008; Ord. 665 § 3, 2006; Ord. 648 § 7 (part), 2003; Ord. 639 § 11, 2003: Ord. 614 § 5, 2000; Ord. 613 §§ 1, 2, 2000; Ord. 603 § 2, 1999; Ord. 591 § 1, 1999; Ord. 392 § 1, 1984; Ord. 390 § 1, 1984; Ord. 381 §§ 1, 2, 1983; Ord. 350 § 1, 1978; Ord. 334 § 1, 1976; Ord. 323 § 1, 1973; prior code § 101.2.16) (Ord. No. 688, § 1, 6-14-2010; Ord. No. 713, § 3, 4-7-2014; Ord. No. 761, § 11, 1-13-2020; Ord. No. 776, § 2, 12-13- 2021)
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Zoning Districts
Town of Hillsborough Zoning Map
Town of Hillsborough 6th Cycle Housing Element 2023-2031 Hillsborough Town Limits RD-1 Traditional Residential RD-2 Mixed Residential RD-3 Governmental and Residential Mixed Use EXHIBIT "B"
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12/14/23, 4:24 PM Mail - Lisa Natusch - Outlook
https://outlook.office365.com/mail/inbox/id/AAMkAGExZDRkZmYzLWZhZmUtNDhhNS1hYTE1LTBhMTcwYjcwOThhMABGAAAAAADYNYJ4h8IoRYk… 1/1 Rezoning of Tobin Clark Open Space
HP S
Thu 12/14/2023 4:18 PM
To:Lisa Natusch <[email protected]>
Dear Mayor of Hillsborough,
Dear L Natusch.
As longtime residents of the Tobin Clark neighborhood we have treasured the quiet quality of living in Hillsborough. We were assured at the time of purchase more than 20 years ago that the Tobin Clark Open Space would remain open space in perpetuity as per the original grant deed and it could NEVER be developed. We are disappointed to learn that you are planning to develop this Space with 5 Large Buildings and 100 plus housing units, a disproportionate large amount of housing units placed in Tobin Clark. Please reconsider your plans and distribute your housing requirements more equitably throughout Town. Or alternatively perhaps you could combine your efforts with other towns in similar circumstances (Atherton, Woodside, etc. and in SOCAL) and push back against this overreaching state mandate.
Thank you!
Resident on Tournament Drive
Sent from my iPhone
ATTACHMENT 4
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12/14/23, 4:54 PM Tobin Clark Opportunity Site / Written Comments for Special City Council meeting - Lisa Natusch - Outlook about:blank 1/3
Tobin Clark Opportunity Site / Written Comments for Special City Council meeting Thu 12/14/2023 4:49 PM
To:Lisa Natusch <[email protected]>
Dear City Council of the Town of Hillsborough and fellow Hillsborough Residents, My family and I are residents on Sugar Hill Dr, adjacent to the proposed Tobin Clark Opportunity site. The proposal to build on the Tobin Clark Open Air Space will greatly negatively affect my home, me and my family’s every day life, and the Hillsborough community in several ways. I would like to propose that the Tobin Clark Open Air Space is not used as a development site and instead becomes a protected Open Air Greenspace for the wellbeing of the Hillsborough community. I implore you to consider the impact on my family and Hillsborough residents and in turn not build on the Tobin Clark Open Air Space.
First and foremost, I would like to request that 1) additional and 2) clarifying details along with 3) graphics displaying map lines of the 3.a) environmental land cover affected 3.b) and building lots and density (as shown in the proposal pg. 122, 123, 124) and 4) description of how and where to find links on the website to the 552 page proposal be sent along with notices about the plan to residences within the area including but not limited to residents along Tournament Drive, Sugar Hill Dr, Verbalee Ln, Tobin Clark Dr, Lohoma Ct, Brandon Ct, Anguido Ct, Bel Air Ct, Brooke Ct, Paradise Ct, and Parrott Dr. The quality and well-being of these residents will be greatly affected by rezoning the Tobin Clark Opportunity Site from lush trees, plants, animals, fresh air, open space, and views to Mixed-Residential (RD-2). Since only first receiving a notice about this plan on Monday December 11, 2023 not a single neighbor I have seen since in person were aware of this proposal at all. This speaks to the lack of outreach the Town of Hillsborough has done to make residents aware of this proposal, additionally, the single page extremely brief description simply identifying “The Tobin Clark Opportunity Site” is not adequate enough to let neighbors know what is being planned. There are many elderly residents and residents where English is not their first language in my neighborhood so I must also advocate for them to make these notices more comprehensive in description as well as giving residents adequate time to review and respond.
This brings me to my second request, please give residents more time to respond to deadlines for giving written comments and for attending meetings. I received this notice on Monday, December 11, 2023 with a deadline less than 72 hours later on Monday, December 14, 2023 5pm for being able to give written comments to be identified prior to the meeting. The proposal I found online was 552 pages long. Seventy-two hours is not nearly enough time to review the proposal, communicate with our families, neighbors, and potential environmental groups and legal team.
As part of my second request, I ask for City Council hearings be held with ample time to prepare for these hearings from date of receiving the notice to meeting date. Again, I received this notice about this project on the evening of Monday, December 11, 2023 giving me and fellow residents only 9 days (set on Wednesday, December 20th) to clear our schedule and prepare information we wish to share with the council. Besides this not giving us enough time to review and prepare for the meeting many families are extremely busy around the holidays and go out of town, making the rushed December 20th meeting deadline likely difficult for residents to attend. Personally, I am having to deal with the the emotional distress deciding on last minute attending the hearing or coming back early from having to leave a family trip, the only one planned this entire year during this specific timeframe my 6 year old nephew battling a terminal brain tumor has a few weeks of increased mobility to travel between radiation treatment and immunotherapy treatment. This rushed request for residents’ response from the Town of Hillsborough is causing me to decide to attend or miss part of this very special trip with my nephew. This small emotional distress I fear will be the least caused so far if you were to rezone the Tobin Clark Open Air Space to Mixed Residential. In lieu of this hastiness, I ask for forgiveness in breath and depth of my response as I have not had enough time to review and respond comprehensively.
I would like to apologize in advance if I am not completely aware of all of the information about this project as I have had less than 3 days to review the proposal on top of my other obligations. I would like to share how building on the Tobin Clark Opportunity Site will cause harm to my family, everyday living, home value, the neighborhood and Town of Hillsborough, and our environment. I have a few questions throughout that I would like answers to (please feel free to take more than 3 days to respond). 1) I would like to identify and share the personal distress these buildings will cause my family, every-day living, and home value:
My husband and I were living in San Francisco when we first visited Hillsborough and looked at homes to live in. I instantly fell in love with the beauty of the trees and fresh air. I would lower the windows in my car along the way looking at houses just to breath it in. The instant sense of stress relief was palpable when I got out of the car taking a deep breath of nature, feeling the sunlight not blocked from city buildings on my skin, seeing the beautiful trees and birds, and lovely people and families I would meet walking along the streets; I fell in love with Hillsborough. When I first saw the house and lot we live in now on Sugar Hill Drive, the feelings of joy were reverberated. A calmness, peace, and serenity we have been looking for. A garden surrounded by hills of trees, views of the beautiful bay just above the tree and shrub covered hill, open skyline in a family neighborhood close enough to my husband’s office but far enough away for the peace and quiet I need while I work from home. This is the home we planned and wished to live in forever and raise a family of our own growing up with my husband’s family who also lives nearby.
Our entire home was built focusing on our backyard and view that stares directly at the proposed site. The buildings you are proposing are large and will dramatically change our view. The buildings will directly block our view of the bay, trees on the hill, and the open sky around us. These buildings are large and unlike the aesthetic of our homes within Hillsborough. These will also block our sunlight to our house causing depletion of vital vitamin D.
They will take away the trees and plants that are sensitive to the environment that also provide us beauty and fresh air. They will take away homes of the beautiful birds we love to gaze at and hear their song, they will demolish the homes of the families of deer, bunnies, butterflies, and countless other animals we see visiting us. My children’s book I wrote to help kids cope with loss was inspired by our backyard and the environment behind where our entire house was built to face and admire, but all of this will be gone if you tear down these trees, the hillsides, and build these buildings.
My nephew does not have a yard of his own at his house; one of his favorite things to do is visit us and spend time as a family in our quiet and beautiful back yard. He will no longer enjoy being out there when there are no more trees, animals, view of the water, and the incessant construction noise for years and noise pollution of many people living in buildings around us that is eminent if they are to be built here. There will be a forever increase in noise reverberating from the people in the buildings to our backyard and into our house that we did not have before when we bought our house. Having a brain tumor makes you sensitive to sound, you will make it impossible for him to visit us and make it impossible for us to continue to be the host for family gatherings. And not just me and my family - families take a lot of time and consideration when choosing their home. As a Social Worker and therapist who has worked with youth and children in schools and non-profits for years I know that families with autistic children for example, will chose areas such as our area within Hillsborough to have their family home so that it is most suitable for the child’s quiet quality of living. How will you help these families re-locate because this area will no longer be suitable for their family? -154-
12/14/23, 4:54 PM Tobin Clark Opportunity Site / Written Comments for Special City Council meeting - Lisa Natusch - Outlook about:blank 2/3
The Galli family who built our house in 1979 and several other houses throughout the neighborhood affected by this proposal built these homes to maximize the view and the green space in a low-density neighborhood with lots of green space, otherwise they would have built these homes like the massive buildings you are suggesting. The predominant value of our house is based on our beautiful view in our backyard. We used our entire savings to invest in our forever home to have this view. Our home is our greatest asset as it is for most Hillsborough residents, that is why we pay these astronomical prices to begin with. My family specifically chose to buy a house with less bedrooms and garage space we wanted in order to have this view and open green space right next to us. If my home were to not have these views and green space the value would decrease by millions. If you build these massive, unsightly buildings within our view and blocking our view, sunlight, fresh air, and trees, it will without a doubt negatively affect our property value immensely. Is the Town of Hillsborough planning on compensating residents like us for the massive decrease in our home value that will ensue when many of us have to sell because the neighborhood and our homes and daily living are not what they use to be? Will they help us relocate and cover transactions costs from leaving our forever family homes we never planned or wanted to leave? How will you protect our homes on our street that are mostly built in the 70s like mine from the damage that immense construction and digging in the ground around us will cause to our homes? It will be like living in an earthquake every day with the colossal amount of construction needed to build these massive buildings on a random green lot hillside next door.
2) Building from what I understand to be 100 units (1 building of 6 units, 3 buildings of 18 units, and one building of 40 units) is a large increase in population density in one area. This will negatively impact the Tobin Clark area within Hillsborough. First the buildings in the proposal are nothing like our homes and the aesthetic of Hillsborough. You are materially changing the the aesthetic of the town by doing this. I moved to Hillsborough to get away from city living, not closer to it as it would literally be as if you are bringing the city to my backyard. What also makes Hillsborough so beautiful is the diversity of the homes we see in the neighborhood. Building large rectangular buildings right next to each other is nothing like the Hillsborough aesthetic. One hundred units means at least 100 new people living in this small area, but more likely upwards of 300 to 400 or more if they are families (I do not know the math exactly here, depending on the building specs, but this is enough to know there is a large increase in population in a small area within our neighborhood coming our way). I’m speculating this may likely even outnumber the amount or residents we currently have within Tobin Clark. With that said, putting so many of these units in one area is really calling for dramatically changing the neighborhood.
Why are you planning on putting so many of these units within the Tobin Clark Open Air Space out of all of Hillsborough? This will cause so much increase in noise pollution, foot traffic, and car traffic in this area. With this site being the furthest away from Hillsborough Schools and Police Department, who will service these units effectively? There is no close transportation nearby for these future residents to even use to get to where they need to work or go to school. If they were built closer down the hill by El Camino Real they would have more more access to transportation.
For people like me who work from home the construction and additional people noise will damage our ability to work from home. Are you going to take away my suitability to work from home that we as a family have worked so hard to be able to do? You can’t monetize the value of working from home for me as I’m sure with many other residents who work from home or are retired and stay home all day like my neighbors next-door.
3) The proposed Tobin Clark Opportunity site would be a substantial investment of money seeing as it is not currently residential and is also essentially just out on a cliff in the middle of nowhere. I look out at the dramatic cliffside every day, it is no place for residential housing. It has no current water, electric, or roads. All of this would have to be built and come from somewhere. Where will this come from? Who will pay for this? Are you expecting Hillsborough residents to pay for this? Will you be digging up our yards to do to this? Will you be digging up the rest of the Tobin Clark Open Air Space to do this also? How much tree and shrub land around the buildings will you also be destroying? Are you expecting us to allow easements on our property if CSM does not agree to allowing pathways? What if we do not allow these easements? Do you already have permission from CSM to use their land for easements and roadways? 4) My last point, for now, but not least is the effect of this proposal on the environment. In the study area on pg. C25 several types of SENSITIVE land cover are noted that will be destroyed in the Tobin Clark Opportunity Site project: the Ephemeral Stream, Needle grass grassland, Coast Live Oak Woodland, California Buckeye Grovers, Riparian California Sagebrush Scrub, Riparian Coast Live Oak Woodland, Riparian California Buckeye Groves.
Additionally: non-native annual grassland, California sagebrush scrub, Chamis Chaparral, and Eucalyptus Groves. There are also 26 additional trees, shrubs, herbs you will destroy listed on pg. C29. There is an immense amount of sensitive land cover and trees you will destroy and therefore dramatically decrease the quality of air for residents like us nearby (along with the additional car exhaust that will be added right to this area already next to a massive college parking lot!) Will the tearing down of trees and shrubs you will do be replaced nearby? There are many animals who call the Tobin Clark Open Space their home. Deer, bunnies, squirrels, gophers, all kinds of birds. Where will these animals go? Besides likely seeking refuge in our land and homes. What is the plan for displacing these animals and destroying their homes? How will you get rid of the animals? Where will they go? What is their livelihood like now? I have seen so many animals from my backyard living in the Tobin Clark space over the years. The deer already run into the street often enough, has anyone ever looked into a deer’s eyes as they were dying after a car in front of them hit them like I have? I promise that image will haunt you forever and will only happen more if these buildings are built in this green space. I have also seen Bald and Golden Eagles using this area as their home and feeding ground. These are federally protected animals, what are you planning on doing about them? Is the U.S. Fish and Wildlife Service aware of and support this plan? I can see the sheer scale of the cliffs you are proposing to build these massive buildings on and wonder how in the world are you going to do that? They look like no place to build homes and look extremely dangerous to navigate with extremely steep cliffs surrounding almost all sides. How is this a safe place for workers to build there? How is it safe for people to live there? For families and babies to possibly live there? Are you also planning on constructing hideous large cement blocks and pilings of foundation needed to support these residential buildings as well? Building so many units right there will also increase our fire hazards in general and the fire hazards of our homes. How is this going to be dealt with? I would like to note that if there is such a concern for CSM staff/student housing besides the available buildings already built on the other side of CSM, CSM has an abundance of open acres within it’s campus taken up by useless fountains (several football fields in length) that they can also use to add buildings within their own campus, not take green space from our neighborhood. Also what will happen to the many farmer’s market vendors and patrons that go to the CSM parking lot every Saturday? Can you wait to see how many residents build ADUs to see just what the need is to meet the new state guidelines before proposing such massive building projects not previously common to the Town of Hillsborough? Again asking forgiveness in brevity and spelling/grammar as I feel rushed in getting out a response for comment on this proposal.
Town of Hillsborough, I ultimately ask that you are clear, detailed, upfront and honest with residents about the Housing Element Plan. My neighbors were not adequately informed of this proposal. I ask that you consider how this will impact our community, our homes and home value, way of life, noise pollution, financial pocket, our greenspace, our animals, and ability to spend time with loved ones in our home and neighborhood that we love so much. It is vital to protect the Tobin Clark Open Air Space in order to maintain what residents love about our community.
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12/14/23, 4:54 PM Tobin Clark Opportunity Site / Written Comments for Special City Council meeting - Lisa Natusch - Outlook about:blank 3/3
I implore you for the sake of me, my family, Hillsborough residents not to build on the Tobin Clark Open Air Space.
Thank you so much for your time and I look forward to receiving answers for my family and surrounding community residents. -156-
“Provide a safe and reliable transportation network that serves all people and respects the environment” DISTRICT 4
OFFICE OF REGIONAL AND COMMUNITY PLANNING
P.O. BOX 23660, MS–10D | OAKLAND, CA 94623-0660
www.dot.ca.gov
December 14, 2023 SCH #: 2023060305
GTS #: 04-SM-2023-00548
GTS ID: 30045
Co/Rt/Pm: SM/280/VAR
Liz Ruess, Planning Manager
Town of Hillsborough
1600 Floribunda Avenue
Hillsborough, CA 94010
Re: Town of Hillsborough 6th Cycle Housing Element and Focused General Plan Update and Municipal Code Update Program – Draft Environmental Impact Report (DEIR) Dear Liz Ruess:
Thank you for including the California Department of Transportation (Caltrans) in the environmental review process for the Town of Hillsborough (Town) 6th Cycle Housing Element and Focused General Plan Update and Municipal Code Update Program.
We are committed to ensuring that impacts to the State’s multimodal transportation system and to our natural environment are identified and mitigated to support a safe, sustainable, integrated and efficient transportation system.
The Local Development Review (LDR) Program reviews land use projects and plans to ensure consistency with our mission and state planning priorities. The following comments are based on our review of the October 2023 DEIR.
Project Understanding
The proposed project will update the existing Housing Element of the General Plan. The Housing element will be the focus with additional elements such as Land Use and Open Space. The project will also include updates to relevant implementation tools such as Zoning Ordinance, Subdivision Ordinance and Objective Development Standards. Hillsborough’s town limit extends from I-280 on the west to the City of San Mateo on the east, the City of Burlingame to the north, and unincorporate areas of San Mateo County to the south.
COMMENT RELATED TO EIR RECEIVED AFTER THE CLOSE OF THE REVIEW AND COMMENT PERIOD -157-
Liz Ruess, Planning Manager
December 14, 2023
“Provide a safe and reliable transportation network that serves all people and respects the environment” Travel Demand Analysis
With the enactment of Senate Bill (SB) 743, Caltrans is focused on maximizing efficient development patterns, innovative travel demand reduction strategies, and multimodal improvements. For more information on how Caltrans assesses Transportation Impact Studies, please review Caltrans’ Transportation Impact Study Guide (link).
The project’s Vehicle Miles Traveled (VMT) analysis and significance determination are undertaken in a manner consistent with the Office of Planning and Research (OPR) Technical Advisory guidance. Per the DEIR, this project is found to have a significant VMT impact. Caltrans commends the Lead Agency in proposing a variety of VMT reduction strategies to help reduce VMT.
Impact TRANS-1 on page 4.14-20. Project-specific VMT strategies could be dependent on the availability of nearby transportation services. Development with limited transportation options could increase VMT. Please consider providing and advocating for public transportation offerings to help reduce car dependency and VMT.
Please consider the upcoming General Plan update as a potential opportunity to add Transportation Demand Management (TDM) requirements for future new developments in the transportation/circulation element. In addition to the proposed TDM program in the DEIR, please also consider the following strategies quantified by California Air Pollution Control Officers Association (CAPCOA) and shown to have different efficiencies reducing regional VMT:
● Project design to encourage mode shift like walking, bicycling and transit access ● Real-time transit information systems
● Transit access supporting infrastructure (including bus shelter improvements and sidewalk/ crosswalk safety facilities)
● Implementation of a neighborhood electric vehicle (EV) network, including designated parking spaces for EVs
● Designated parking spaces for a car share program
● Wayfinding and bicycle route mapping resources
● Participation/Formation in/of a Transportation Management Association (TMA) in partnership with other developments in the area
● Aggressive trip reduction targets with Lead Agency monitoring and enforcement ● VMT Banking and/or Exchange program
● Area or cordon pricing
● Increased density
● Increased location efficiency
● Increased mixed-use development
● Increase transit service frequency and accessibility
● Bus rapid transit
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Liz Ruess, Planning Manager
December 14, 2023
“Provide a safe and reliable transportation network that serves all people and respects the environment” Multimodal Transportation Planning
Caltrans District 4 Pedestrian Plan has considered SR-82 (El Camino Real) between Burlington Avenue to Broadway as Tier 1 for pedestrian facilities improvement. Please consider improvements to these streets that could align to the planned SR-82 pedestrian improvements.
For Class III facilities, please consider installing “Share the Road” signs on main streets where the traffic volume is higher. An assessment is recommended to evaluate if these streets would meet the Class III conditions in future given the potential increase in traffic volumes of these streets with the construction of proposed developments. If they do not meet the requirements, please consider planning for Class II or Class IV improvements.
Please consider adding more “YIELD TO PEDS” signs on intersections in the town and incorporating high visibility pedestrian striping for all future restriping projects.
Please also consider providing both short-term bike parking and long-term secure bike parking for residents in the new proposed developments.
Hydrology
Provision C.3 requirements of the Municipal Regional Permit (MRP), including the proposed developments along SR-82 (El Camino Real) or I-280. Post-development surface flows to the State roadways or drainage facilities shall be metered to predevelopment levels. For any potential increase of flows to State facilities, please provide Caltrans with a detailed explanation to review and approve.
Lead Agency
The potential construction of new housing units may indicate the need to increase the capacity of the State Highway System. The Town Hall site is located directly adjacent to SR-82. For any developments that necessitate widening of the State Highway System, dedications for highway purposes should be required.
As the Lead Agency, the Town is responsible for all project mitigation, including any needed improvements to the State Transportation Network. The project’s fair share contribution, financing, scheduling, implementation responsibilities and lead agency monitoring should be fully discussed for all proposed mitigation measures. -159-
Liz Ruess, Planning Manager
December 14, 2023
“Provide a safe and reliable transportation network that serves all people and respects the environment” Thank you again for including Caltrans in the environmental review process. Should you have any questions regarding this letter, please contact Melissa Hernandez, Associate Transportation Planner, via [email protected]. For future early coordination opportunities or project referrals, please contact [email protected].
Sincerely,
YUNSHENG LUO
Branch Chief, Local Development Review
Office of Regional and Community Planning
c: State Clearinghouse
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