Hillsborough City Council
March 25, 2024

TOWN OF HILLSBOROUGH
San Mateo County
Christine Krolik, Mayor 1600 Floribunda Avenue
Sophie Cole, Vice Mayor Hillsborough, CA 94010
Marie Chuang, Councilmember www.hillsborough.net
Leslie Marden Ragsdale, Councilmember Phone 650-375-7400 Alvin L. Royse, Councilmember

A G E N D A
MONDAY, MARCH 25, 2024
1:00 P.M. SPECIAL CITY COUNCIL MEETING
Hillsborough Town Hall and Zoom Video Conference
Meetings of the City Council are held in-person in Council Chambers. As a courtesy and technology permitting, the special meeting will also be held virtually via Zoom Video Conference. However, the Town cannot guarantee that the public’s access to the Zoom virtual platform will be uninterrupted, and technical difficulties may occur from time to time. In those instances, so long as the public may still attend the meeting in person, the special meeting will continue.

In the event a Councilmember is participating remotely under the requirements of Government Code Section 54953 with regard to “just cause” or an “emergency” situation as those terms are defined in the Brown Act, the Town will stop the meeting if there is any technology disruption until such time that the public is reconnected to the live in person meeting and able to provide comment.

To attend the meeting in person:
1600 Floribunda Avenue, Hillsborough, CA 94010.

To provide Public Comment on the special meeting agenda items in person:

Members of the public wishing to speak on any special meeting agenda item are requested to complete a yellow speaker card and submit it to the City Clerk.

To participate in the meeting via Zoom Video Conference:
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To provide Public Comment on the special meeting agenda items via Zoom Video Conference:

Live verbal public comments may be made by requesting to speak using the “raise hand” feature in Zoom or, if calling in by phone, by pressing *9 on the telephone keypad prior to the close of the public comment period for the item. In response, the Town will unmute the speaker and allow them to speak up to three minutes.

I. CALL TO ORDER
II. ROLL CALL
Special Meeting Agenda – Hillsborough City Council
Monday, March 25, 2024

III. PUBLIC HEARING

1. CONSIDERATION OF INTRODUCTION OF AN ORDINANCE AMENDING SECTION

17.16.020(D) (“USE FOR THE PURPOSE OF SINGLE-FAMILY DWELLING – DEFINED”) OF TITLE 17 (“ZONING”) OF THE HILLSBOROUGH MUNICIPAL CODE

RELATED TO THE PROHIBITION OF USE OF SINGLE-FAMILY DWELLINGS FOR COMMERCIAL ACTIVITIES PURSUANT TO CEQA GUIDELINE 15378 AND 15061(B)(3)
IV. ADJOURNMENT
SPECIAL ACCOMMODATIONS:

If you need a disability-related modification or accommodation, including auxiliary aids or services, to participate in the City Council meeting, or if you need an agenda in an alternate form, please contact the City Clerk’s Office at 650-375-7412 at least 24 hours before the City Council meeting.

ADDRESSING THE CITY COUNCIL:

Members of the public may provide written comments to the City Council regarding any item on the agenda by 11:00 a.m. on February 26, 2024 to [email protected] or by mail/in person at 1600 Floribunda Avenue, Hillsborough, CA 94010. Any writings or documents provided to a majority of the City Council regarding any item on this agenda prior to the deadline, except as exempt from public disclosure under applicable law, will be available for public inspection on the Town website, and in the City Clerk’s Office at 1600 Floribunda Avenue, Hillsborough, CA 94010, during regular business hours. During the meeting, members of the public may provide public comments on the special meeting agenda items during the general public comment portions of the meeting. All members of the public will be limited to one comment per item. All oral comments made at public meetings, including a speaker’s name, are recorded and included as part of the public record in the meeting minutes. Meeting minutes are publicly accessible via the Town website and via various internet search engines. Written comments, including a commenter’s name, are a public record and subject to disclosure on the Town website and/or upon request pursuant to the California Public Records Act (with personal contact information including personal email addresses and personal phone numbers redacted).

AUDIO / VISUAL ADVISORY:

Those persons who wish to use PowerPoint or other mediums when presenting to the City Council will be required to submit media items to the City Clerk by 12:00 p.m. on the day of the meeting. Media items can be emailed to [email protected].

AUDIO OR VIDEO RECORDINGS:

Please be advised that under the Brown Act, any person has the right to record the City Council meeting, including the audience in attendance, using an audio or video recording device subject to certain exceptions. Please be aware that by attending a City Council meeting, you may be audio or video recorded.

TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
1 PUBLIC HEARING

CITY COUNCIL MEETING
MARCH 25, 2024

AGENDA STAFF REPORT
ITEM SUBJECT: CONSIDERATION OF INTRODUCTION OF AN ORDINANCE AMENDING SECTION 17.16.020(D) (“USE FOR THE PURPOSE OF SINGLE-FAMILY DWELLING – DEFINED”) OF TITLE 17 (“ZONING”) OF THE HILLSBOROUGH MUNICIPAL CODE RELATED

TO THE PROHIBITION OF USE OF SINGLE-FAMILY DWELLINGS FOR COMMERCIAL ACTIVITIES PURSUANT TO CEQA GUIDELINE 15378 AND 15061(B)(3) SUMMARY: A special City Council meeting was held on February 26, 2024 to discuss the use of properties in Town that may not be in keeping with the residential nature of the community. The City Council was presented with potential options to address any adverse effects associated with events in Town that may extend beyond the anticipated impacts of typical single-family use.

Following discussion, the City Council directed staff to bring back an ordinance with revisions to the Hillsborough Municipal Code related to commercial uses permitted within the residential district.

Background:

Hillsborough Municipal Code Section 17.12.010 previously established a single zoning district in the Town, and that is a residence district. It has since been expanded to include two new zones associated with limited potential multi-family housing on Town owned land. The traditional residence district, however, still encompasses the majority of the entire Town.

The uses permitted within the traditional residence district are both described and limited in Chapter 17.16. In addition to traditional single-family homes, certain other uses are permitted as of right (public schools, country clubs, etc.). Other uses, such as private schools and film productions, are allowed with special permits.

In recognition of changing business practices, the Town added Section 17.16.015 in 1999 to allow home businesses. Home businesses must obtain a permit and are subject to strict regulations to limit the impact on the primary residential character of the Town. One of the chief restrictions is that the home business may not cause pedestrian or vehicular traffic or parking on streets in a volume different from comparable homes that do not have a home business. Section 17.16.020 defines the allowable range of uses of a dwelling that preserves the basic character of the residence district. “Commercial activity” (other than the allowed home businesses) is found to be inconsistent with the residential character of the Town and is therefore banned. “Commercial activity” is not well-defined in the Code and may not address ways of doing business in our internet-based age. Section 17.16.010(D) gives some examples of commercial purposes.

Many of the examples refer to activities that are “profit-making or intended to be profit-making.” But the nexus between an activity and the eventual profit or business purpose may not be readily Agenda Staff Report - Hillsborough City Council
March 25, 2024

apparent. For instance, events at a home may involve previewing products or services that are not yet available for purchase and sale, or may involve networking and employment recruiting, and the profit-making or business payoff takes place at a different time or place. Or, an event, such as a conference, may have both a business purpose and a social or entertainment component. If such events are deemed to be commercial in nature and involve a volume of off-site parking, they could not qualify for a home business permit.

The attached draft ordinance (Attachment 1) seeks to reinforce the principle that commercial activity, other than a permitted home business, is inconsistent with residential uses.

An alternative is to leave the code as it is currently written. The existing code contains controls for the use of a residence for a home business, a requirement for parking plans for large events, noise regulations, and the requirement of a permit for fundraising events. Additionally, property owners experiencing disruptive behavior that obstructs or interferes with the use and enjoyment of their own property but does not rise to the level of a public nuisance, can pursue a remedy through the private nuisance process. The cumulative impact of these regulations provides existing controls to limit the possible uses of residential properties for commercial events to a degree where very few residential complaints have been received by staff.

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

ENVIRONMENTAL ISSUES: The proposed Ordinance is not a project within the meaning of section 15378 of the California Environmental Quality Act (“CEQA”) Guidelines because it has no potential for resulting in physical change in the environment, either directly or indirectly. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment and instead will reconfirm the status quo of the residential zoning district not allowing commercial type activity.

ATTACHMENTS:

1. Draft Ordinance (clean)

2. Draft Ordinance (redline)

3. February 26, 2024 Special City Council meeting staff report PREPARED BY: Doug Davis, City Manager
RECOMMENDATION: Consider introduction of an ordinance amending Section 17.16.020(d) (“use for the purpose of single-family dwelling – defined”) of Title 17 (“Zoning”) of the Hillsborough Municipal Code related to the prohibition of use of single-family dwellings for commercial activities pursuant to CEQA Guideline 15378 and 15061(B)(3).

ORDINANCE NO.

ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH AMENDING SECTION 17.16.020(D)(“USE FOR THE PURPOSE OF SINGLE-FAMILY DWELLING – DEFINED”) OF TITLE 17 (“ZONING”)OF THE HILLSBOROUGH MUNICIPAL CODE RELATED TO THE PROHIBITION OF USE OF SINGLEFAMILY DWELLINGS FOR COMMERCIAL ACTIVITIES WHEREAS, the Town of Hillsborough (“Town”) was incorporated in 1910 as a residential community, with no business district; and
WHEREAS, as the Town developed, a formal Zoning Code was adopted, creating a single residential district; and
WHEREAS, the sole residential zoning district reflected the values of Hillsborough residents, who preferred preservation of the privacy, serenity, and ambiance of residential uses over shopping convenience, profit-making, or tax revenues; and WHEREAS, to reinforce the principle that commercial activity is inconsistent with residential uses, the City Council adopted Ordinance No. 390 prohibiting commercial activities within the residential zone. The prohibition on commercial activities is codified in Hillsborough Municipal Code Section 17.16.020; and
WHEREAS, in order to address the desire of some residents to conduct limited commercial activities within their homes, the City Council adopted Ordinance No. 591 in 1999 to allow home businesses with a special permit, as codified in Hillsborough Municipal Code Section 17.16.015. The regulations in Section 17.16.015 ensure that home businesses do not have a discernable impact of neighboring residents and that the conduct of such businesses is consistent with the residential zoning district; and
WHEREAS, in the years following the adoption of Ordinance 591, methods of conducting commercial activities have evolved, requiring that the prohibitions in Section 17.16.020 be clarified and reinforced to preserve the residential zoning district; and WHEREAS, commercial activities conducted at a residence that exceed those permitted under Section 17.16.015 are inconsistent with a residential zoning district. Such activities adversely affect the peace, serenity, privacy, and ambiance of the residential zoning district, may adversely impact the use and enjoyment of the homes of other residents, may adversely affect property values, and may impact parking and public safety. Accordingly, it is reasonable and necessary to amend Section 17.16.020 to regulate the time, place, and manner of commercial activities and strictly limit such activities to the scope permitted under Section 17.16.015.

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

Section 1. The recitals set forth above are true and correct, and are hereby incorporated herein by this reference as if fully set forth in their entirety.

ATTACHMENT 1
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Section 2. The proposed Ordinance is not a project within the meaning of section 15378 of the California Environmental Quality Act (“CEQA”) Guidelines because it has no potential for resulting in physical change in the environment, either directly or indirectly. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment and instead will reconfirm the status quo of the residential zoning district.

Section 3. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The City Council of the Town of Hillsborough hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

Section 4. 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. The City Clerk will certify 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 5. This Ordinance shall take effect 30 days after adoption by the City Council.

Section 6. Section 17.16.020(D) of the Hillsborough Municipal Code is hereby amended as follows:
“17.16.020 - Use for the purpose of single-family dwelling—Defined. …
D. Uses for Commercial Purposes

1. For purposes of the rule set forth in subsection B of this section, “uses for commercial activities” are all those uses that are deleterious to the purposes underlying the establishment of an exclusively residential zone or are inconsistent with the rights and expectations of other persons who have chosen to reside within an exclusively residential zoning district.

2. Except for those activities which are permitted by Sections 17.16.010 and

17.16.015, it shall be a violation of Chapter 17.16 if a “commercial activity” constitutes a substantial purpose of a use, activity, gathering, or other event within the residential zones, even if such “commercial activity” is not the sole or predominant purpose of such use, activity, gathering, or event.

3. The following are indicia of “commercial activity” within the meaning of this section, except as allowed for a home business for which a valid home business permit is in effect:
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a. Advertising or promoting the use, activity, gathering, or event at a residence to further an unpermitted or unlawful commercial activity use through print media, flyers, the Internet, or other means; b. Financial support for the use, activity, gathering, or event from persons other than the resident(s) at the site, including sponsorships, prizes, and/or reimbursement of some or all of the costs of such use, activity, gathering, or event to further an unpermitted or unlawful commercial activity use;
c. Presentation and/or promotion of existing goods, products, services, programs, or applications or development and/or promotion of potential goods products, services, programs, or applications;
d. Introduction of potential employers and employees;
e. Parties for which an admission fee is charged or other remuneration is provided to a resident, host, or sponsor;
f. Use of a resident’s home address or other site designation in connection with a resident’s trade, business, or professional activities; g. Any other activities that aid a resident and/or invitees in their trade, business, or profession and are inconsistent with a residential use.

4. The following are examples of activities that are not considered to be “commercial activities” for purposes of this section:
a. Purely family/social events such as weddings, birthday parties, and holiday parties which are held occasionally and are incidental to the primary residential use;
b. Commercial activities which satisfy the criteria and limitations for a home business under Section 17.16.015 and for which a home business permit is in effect.
c. Household services provided to residents, such as cleaning, gardening, cooking, and child care;
d. Services provided to residents by contractors who have obtained a business license under Title 5 of this Code.
e. Open houses and other activities customary to the listing, marketing, and sale of a home;
f. Activities conducted by a resident using the telephone, mail, or Internet that do not involve the delivery to or shipping or products from the site or performance or visits by customers, clients, or invitees to the site. g. Fundraising events for which a charitable events permit has been obtained.
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5. Enforcement and Abatement
a. Except as permitted in this Section 17.16, “commercial activity” within the residential zoning district is declared to be a public nuisance. The provisions of this chapter may be enforced through the Code Enforcement process in Chapter 8.16 and/or by court action for declaratory and injunctive relief and nuisance abatement initiated by the City Attorney. b. Except as permitted in this Section 17.16, “commercial activity” within the residential zoning district shall also constitute a private nuisance which may be the subject of an action to abate the nuisance by any resident aggrieved by the violation.”
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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17.16.020 - Use for the purpose of single-family dwelling—Defined. …
D. Uses for Commercial Purposes

1. For purposes of the rule set forth in subsection B of this section, "“uses for commercial purposes"activities” are all those uses whichthat are deleterious to the purposes underlying the establishment of an exclusively residential zone or are inconsistent with the rights and expectations of other persons who have chosen to reside within an exclusively residential zoning district.

2. Except for those activities which are permitted by Sections 17.16.010 and

17.16.015, it shall be a violation of Chapter 17.16 if a “commercial activity” constitutes a substantial purpose of a use, activity, gathering, or other event within the residential zones, even if such “commercial activity” is not the sole or predominant purpose of such use, activity, gathering, or event.

23. The following are examples of activities that are "uses for commercial purposes"indicia of “commercial activity” within the meaning of this section, except as allowed for a home business for which a valid home business permit is in effect:
a. Advertising or promoting the use, activity, gathering, or event at a residence to further an unpermitted or unlawful commercial activity use through print media, flyers, the Internet, or other means; b. Financial support for the use, activity, gathering, or event from persons other than the resident(s) at the site, including sponsorships, prizes, and/or reimbursement of some or all of the costs of such use, activity, gathering, or event to further an unpermitted or unlawful commercial activity use;
c. Presentation and/or promotion of existing goods, products, services, programs, or applications or development and/or promotion of potential goods products, services, programs, or applications; d. Introduction of potential employers and employees;
ae. Parties for commercial purposes pursuant to subsection E of this sectionwhich an admission fee is charged or other remuneration is provided to a resident, host, or sponsor;
f. Use of a resident’s home address or other site designation in connection with a resident’s trade, business, or professional activities; ATTACHMENT 2
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g. Any other activities that aid a resident and/or invitees in their trade, business, or profession and are inconsistent with a residential use. b. Use of the street address of a residence in town except as permitted under subsection C of this section;
c. Home businesses, as described in Section 17.16.015, for which a valid home business permit is not in effect;
d. Activities (which are profit-making or are intended to be profit-making) conducted by a resident in his or her own home that include causing or arranging for (in return for compensation) pickup or delivery of merchandise, products, or services within the town and for which activities a valid home business permit is not in effect; e. Activities (which are profit-making or are intended to be profit-making) conducted by a resident in his or her own home that include the presence in the home of any person (employee or otherwise) whose sole or primary purpose is to participate in or assist with the activities and for which activities a valid home business permit is not in effect;
f. Activities (which are profit-making or are intended to be profit-making) conducted by a resident in his or her own home that cause customers, prospective customers, or other business visitors to come to the resident's home and for which activities a valid home business permit is not in effect;
g. Activities (which are profit-making or are intended to be profit-making) conducted by a resident in his or her own home that involve the use of the resident's home address in connection with a business or commercial name or use of the resident's home address on any website and for which activities a valid home business permit is not in effect;
h. Activities (which are profit-making or are intended to be profit-making) conducted by a resident in his or her own home which activities are covered by a valid and current resale license issued by the state of California and for which activities a valid home business permit is not in effect; and
i. Transitory lodgings and advertisement of transitory lodgings.

34. The following are examples of activities that do not constitute "uses for are not considered to be “commercial activities” for purposes" of this section:
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a. Purely family/social events such as weddings, birthday parties, and holiday parties which are held occasionally and are incidental to the primary residential use;
b. Commercial activities which satisfy the criteria and limitations for a home business under Section 17.16.015 and for which a home business permit is in effect.
c. Household services provided to residents, such as cleaning, gardening, cooking, and child care;
d. Services provided to residents by contractors who have obtained a business license under Title 5 of this Code.
e. Open houses and other activities customary to the listing, marketing, and sale of a home;
f. Activities conducted by a resident using the telephone, mail, or Internet that do not involve the delivery to or shipping or products from the site or performance or visits by customers, clients, or invitees to the site.
ag. ActivitiesFundraising events for which a current and valid home businesscharitable events permit has been issued under Section

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

5. Enforcement and Abatement
a. Except as permitted in this Section 17.16, “commercial activity” within the residential zoning district is declared to be a public nuisance.

The provisions of this chapter may be enforced through the Code Enforcement process in Chapter 8.16 and/or by court action for declaratory and injunctive relief and nuisance abatement initiated by the City Attorney.
b. Except as permitted in this Section 17.16, “commercial activity” within the residential zoning district shall also constitute a private nuisance which may be the subject of an action to abate the nuisance by any resident aggrieved by the violation.
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
1 DISCUSSION

CITY COUNCIL MEETING
FEBRUARY 26, 2024

AGENDA STAFF REPORT
ITEM SUBJECT: DISCUSSION OF AMENDMENTS TO PERMITTED COMMERCIAL USES

AND/OR REGULATIONS ON EVENTS IN TOWN
SUMMARY: The Town has received several comments related to the use of properties in Town that residents feel is not in keeping with the residential nature of the community. Based on these comments, and councilmembers seeking to understand the issue better, staff is bringing this item forward so that the City Council can understand the Town’s rules as they exist today and potentially direct any possible adjustments to the Town’s Municipal Code. Adjustments could be proposed to address any adverse effects associated with events in Town that may extend beyond the anticipated impacts of typical single-family use.

Revisions to Commercial Uses Permitted within the Residential District Hillsborough Municipal Code Section 17.12.010 establishes a single zoning district in the Town, and that is a residence district. The uses permitted within the residence district are both described and limited in Chapter 17.16. In addition to traditional single-family homes, certain other uses are permitted as of right (public schools, country clubs, etc.) Other uses, such as private schools and film productions, are allowed with special permits.

In recognition of changing business practices, the Town added Section 17.16.015 (Attachment 6) in 1999 to allow home businesses. Home businesses must obtain a permit and are subject to strict regulations to limit the impact on the primary residential character of the Town. One of the chief restrictions is that the home business may not cause pedestrian or vehicular traffic or parking on streets in a volume different from comparable homes that do not have a home business. Section

17.16.020 (Attachment 7) attempts to define the allowable range of uses of a dwelling that preserves the basic character of the residence district. “Commercial activity” (other than the allowed home businesses) is found to be inconsistent with the residential character of the Town and is therefore banned.
“Commercial activity” is not well-defined in the Code and may not address ways of doing business in our internet-based age. Section 17.16.010(D) (Attachment 5) gives some examples of commercial purposes. Many of the examples require activities that are profit-making or intended to be profit-making. But the nexus between an activity and the eventual profit or business purpose may not be readily apparent. For instance, events at a home may involve previewing products or services that are not yet available for purchase and sale, or may involve networking and employment recruiting, and the profit-making or business payoff takes place at a different time or place. Or, an event, such as a conference, may have both a business purpose and a social or entertainment component. If such events are deemed to be commercial in nature and involve a volume of off-site parking, they could not qualify for a home business permit.

ATTACHMENT 3
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In order to preserve the residential character of the Town, the Council may wish to consider revisions to Chapter 17.16 to better define the nature of activities that are considered commercial and therefore incompatible with residential uses.

Amendments to the Town’s Nuisance Code and Parking Regulations The City Council may consider amending the Town’s Municipal Code related to noise control and parking restrictions. Any amendment to the Municipal Code related to these regulations must be supported by a public health, safety, and welfare objective. In other words, the Town will need to articulate the current public health, safety, or welfare impact the Town is trying to prevent or regulate in order to amend the Code.

Noise Regulations
Noise as a Nuisance
Hillsborough Municipal Code Section 8.16.030 (Attachment 1) defines nuisances and indicates that certain noises are nuisances within the Town. Section 8.16.030 defines loud and unusual noises and annoying vibrations which offend the peace, quiet, and tranquility of person of ordinary sensibilities as a nuisance affecting the public’s peace and safety. If the Town wishes to amend this portion of the Municipal Code, the Town could redefine loud and unusual noises to include a large gathering of people causing loud or unusual noises emanating from the gathering. Stricter regulations could include loud or unusual noises heard from a distance of no less than 50 feet from the cause of the noise (or above decibel limits).

Discretionary Noise Regulations
Hillsborough Municipal Code Chapter 8.32 (Attachment 2) establishes broad noise regulations within the Town. Chapter 8.32, titled Noise, defines the types of noises and when certain noises are allowed within the Town. Normal noise can be household appliances, human voices, vehicle traffic, pets, etc. Discretionary noise is defined as construction, machinery, gardening devices, power equipment, and other activities and devices not included in the normal noise definition.

Discretionary noise does not include loud noises emanating from large gatherings of people that are disturbing or annoying to the community at large.

If the Town wishes to amend its Municipal Code to place stricter regulations on noise control, it could include within the definition of “Discretionary Noise” certain gatherings of people that cause annoying or loud sounds emanating from the gathering. It can then seek to regulate or limit that type of noise in the Town. The Town may further consider regulating the timeframe allowed for the types of noise to exist (for example: Monday Through Friday from 8am to 5pm).

Parking Regulations
The City Council could explore more strict parking regulations as follows:
• Hillsborough Municipal Code Chapter 10.80 (Attachment 4), titled Traffic Control Plans for Large Events, currently requires a traffic control plan for any event in excess of 200 people.

Assuming the Town can document a risk of a public health, safety, or welfare impact from -12-
an event size of less than 200 people, the Town may look to reduce the number of attendees needed to trigger the need for a traffic control plan. • The Town could seek to adopt regulations under the California Vehicle Code limiting who can park on certain streets. Under the current Municipal Code Section 10.32.050 (Attachment 3), a traffic engineer has been provided with the authority to declare certain areas to be no parking zones where parking would constitute a traffic hazard or would endanger life or property. The Town would want similar findings prior to adopting any no parking regulations.
• The Town could explore a preferential parking program for residents on certain Town streets so long as signs or markings are present providing notice of these regulations. See, Cal.

Vehicle Code 22507. To enact a preferential parking program, the Town would study the issue, determine which streets are most in need of this type of local control, adopt the regulations, and then issue a set number of permits to residents in the area allowing them to park on the streets notwithstanding any regulations that limit parking on those streets. All guests that are non-residents would not receive permits, and therefore, they would be subject to any parking hours or no parking regulations the City Council imposes through adoption of a regulation. The resident issued permit would in essence act as an exception to the rules allowing residents to park regardless of the regulations since they are residents of the Town. In order to adopt these types of regulations, as with all changes to the Municipal Code, the Town will need to articulate a public health, safety, or welfare impact the Town is trying to prevent or regulate through enactment of the regulations. • Chapter 17.36 (Attachment 8), titled “Off-Street Parking Requirements” imposes requirements for off street parking and loading for residential properties. The Town could seek to amend this Chapter to include additional off-street parking requirements on site or at another location for events in Town. The Town would want to work with traffic engineers to understand which streets might have an issue with street parking in order to justify its regulation as a valid exercise of its police powers (i.e. a regulation that is designed to address a potential public health, safety, or welfare impact).

Enacting a Special Event or High Impact Event Ordinance The City Council could explore enacting a permit process for high impact or special events in Town. Any permit process adopted must be tied to the protection of the public health, safety or welfare, consistent with the Town’s constitutional authority to enact ordinances under its police powers. See, California Constitution, Article XI, Section 7 (“A county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general law”).

Other cities have enacted special event type ordinances requiring a permit for events of a certain size in order for the city to ensure the protection of the public health, safety, or welfare. Items normally looked at under any permit, including parking, traffic flow, noise, and other negative effects that could flow from a large gathering.
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If the Town ultimately opts for this type of special event permitting scheme, it should be aware that it must apply objectively to all gathering types—in other words, the Town cannot closely regulate only certain property owners’ uses and overlook events of another character occurring on another property in Town. If, for instance, the Town elects to have the event permit requirement triggered by events of a certain size, permits will be required for any event that meets the size requirement including weddings, funerals, holiday gatherings, birthday parties, and the like. The content neutrality of this type of permit trigger is a crucial element of ensuring its legal defensibility.

Below are examples of other special event permit ordinances from other cities:
• The City of Malibu1 requires a special event permit for any event that meets either of the following criteria: (1) anticipates or is prepared to accommodate 100 or more persons; or (2) includes a commercial component such as an admission fee, facility rental fee, public advertising, or promoting a product in the media by inviting attendees to wear or display items to attract media attention to products at the event. This ordinance also limits applicants to four special event permits per calendar year per parcel.
• The City of Canyon Lake2 requires a special event permit for, among other things, any assembly, congregation, display, “party house,” party, or other planned occurrence that “may attract a large number of people, such as 50 or more, or which may become a hazard to the public peace, health, safety or general welfare or may become a public nuisance.” • The City of San Mateo3 requires a “special community event permit” for events that are held on private property and which are inconsistent with that property’s zoning classification, or may cause traffic, parking, noise, or other impacts on neighboring properties. But, the ordinance defines “special event” as one held on private property that is open to the public, and not consistent with the property’s zoning classification. Also, “free speech events” are exempt from the permitting obligations.
• The City of Hermosa Beach4 prohibits parties, gatherings, or events in residences if there is live or recorded music provided, the event is open to the general public, and either (1) admission is charged; (2) advertisements for the event are distributed or posted; or (3) a charge is made for refreshments at the event. All other gatherings on private property require a special event permit from the City, and applicants are limited to 2 permits per calendar year per household.

The City of Malibu’s code provisions noted above and in Attachment 9 illustrate a potential ordinance option.

The City Council may consider making adjustments to either the definition of commercial activity in Chapter 17.16 of the Municipal Code or the regulations governing special events and/or parking.

Another alternative is to leave the existing code as it is currently written. 1 https://library.qcode.us/lib/malibu_ca/pub/municipal_code/item/title_5-chapter_5_34?view=all 2 https://codelibrary.amlegal.com/codes/canyonlakeca/latest/canyonlake_ca/0-0-0-25007 3 https://law.cityofsanmateo.org/us/ca/cities/san-mateo/code/17.34 4 http://online.encodeplus.com/regs/hermosabeach-ca/docviewer.aspx?secid=1366&keywords=private%27s%2Cprivates%2Cprivates%27%2Cprivate%2Cevent%27s%2Cevent ed%2Ceventing%2Cevents%2Cevents%27%2Cevent#secid-1366
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FISCAL IMPACT: There is no fiscal impact associated with this agenda item.

ENVIRONMENTAL ISSUES: The City Council’s action in understanding and studying the Municipal Code to determine if any changes should be made is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline 15306 as information gathering as part of a study to consider changes to the Municipal Code that have not yet been formulated, approved, or adopted. It is also exempt pursuant to CEQA Guideline 15061(b)(3) as it can be seen with certainty that any discussion or direction regarding Municipal Code changes will not cause any significant impact on the environment. If changes are proposed, those changes will be studied to determine the appropriate level of CEQA review and the City Council will have that information available prior to any discretionary action to amend the Code.

ATTACHMENTS:

1. HMC Section 8.16.030 Nuisances—Affecting peace and safety

2. HMC Chapter 8.32 Noise

3. HMC Section 10.32.50 No Parking-Areas designated

4. HMC Chapter 10.80 Traffic Control Plans for Large Events

5. HMC Section 17.16.010 (permitted and conditional uses in the Residential Zone)

6. HMC Section 17.16.015 (home business regulations)

7. HMC Section 17.16.020 (uses and restrictions for single family residences)

8. HMC Chapter 17.36 Off-Street Parking Requirements

9. City of Malibu Municipal Code Section 5.34 Special Events PREPARED BY: Doug Davis, City Manager
RECOMMENDATION: This item is for discussion; staff recommends that City Council provide specific direction regarding what, if any, modifications to pursue. -15-

8.16.030 Nuisances—Affecting peace and safety.

The following are expressly declared to be public nuisances adversely affecting the public peace and safety:

A. Storage, leakage, release or use of any explosive, flammable liquid or other dangerous, toxic or hazardous substance in any manner or in any amount other than as permitted pursuant to this code and county, state and federal law;
B. All loud and unusual noises and annoying vibrations which offend the peace, quiet and tranquility of persons of ordinary sensibilities;
C. 1. All buildings and other structures including, without limitation, towers as defined in Chapter 15.36 and including alterations, or parts thereof, made or erected in violation of ordinances prescribing the location, size, manner and materials of construction;

2. Any tarp or other similar covering on any portion of a structure or on any land area, which tarp or covering has become torn or otherwise unsightly or which, regardless of condition, has remained in place longer than one year.

D. All obstructions and excavations affecting the ordinary use or free passage over or on the public streets, roads, driveways, alleys, sidewalks, rights-of-way or public grounds, except when permitted by laws and regulations or this code, and adequately protected with barriers, barricades, temporary covers and lights;
E. The keeping of any animals, birds or fowl, or permitting the keeping thereof, by the owner of any premises within the town, which by the sounds or normal crying of said animals, birds or fowl might disturb the neighborhood or interfere with any person's reasonable, comfortable enjoyment of life and property;
F. Drainage water, rainwater, backwash water or other discharge from any building, structure, equipment, pool facility or other installation which flows across the public sidewalk area and interferes with the normal use of said area;
G. To conduct any business within the town which shall cause any noise or disturb the rest and quiet of the residents, due to the use of hand or power driven equipment or tools of any kind or size except that such business may be conducted between the hours of seven a.m. to five p.m., Mondays through Fridays and between the hours of eight a.m. to five p.m. on Saturdays. No such business may be conducted on Sundays or legal state holidays. Any use for the purpose of this section is a business use where the person, firm, corporation or association is doing the work either for a direct or indirect monetary gain or for the sale of the results of the work. Contractors may be exempted by the city manager from the provisions of this subsection if they are working at the instructions of the town on an emergency project;
H. Except as installed by the town in order to safeguard the public health, safety, and welfare:

1. Barbed wire fence;

2. Razor wire fence;

3. Any other fence with jagged or sharp edges or projections;

4. Electrified fence;

5. Any wall with jagged or sharp edges or projections or incorporating barbed wire or razor wire; and

6. Any wire, twine, or rope fence (excepting any metal fence that has been approved by the architecture and design review board); consisting of one or more strands of wire, twine, or rope, -16-
any strand of which is located less than three feet above the surface of the ground and less than three feet from any public right-of-way (including streets, parking strips, and other public rightsof-way).

I. All dangerous, unguarded machinery, equipment, apparatus, installations, trenches, ditches, pools, or other construction or structures which are so situated or located and exposed in a manner to attract children or the general public;
J. Any tree or shrub determined by a town-qualified arborist to be dead, diseased, infested, or dying (or any other tree or shrub in any condition, including, but not limited to, completely healthy) on any property so near to a street, public right-of-way, or public utility easement as to constitute a danger to any public utility service, street, sidewalk, vehicle travel, person (other than the owner of the tree or shrub), or property (other than property belonging to the owner of the tree or shrub); K. Hedges or dense, thorny shrubs extending into a street or easement; L. Any tree or portion thereof adjacent to or overhanging any public street in the town in such a condition as to:

1. Constitute a hazard or impediment to the progress or vision of anyone traveling on such public street; or

2. Otherwise interfere with the use of any street so as to endanger the life, health, safety or property of the public.

Nothing contained in this subsection shall be deemed to impose any liability upon the town, its officers, or employees, nor to relieve the owner of any private property from the duty to keep any tree upon their property or under his or her control in such a condition as to prevent it from constituting a public nuisance.

M. Any fence, wall or hedge that violates the restrictions imposed by Chapter 12.20; N. Generation of intense glare or heat that adversely affects use and enjoyment of neighboring property or confuses or interferes with travel along a street or sidewalk; O. Excavations or ponds that are open and attractive to persons; P. Any other act, occupation or use of property that in fact endangers or jeopardizes the public peace and safety; or
Q. Any violation by a property owner or other responsible person of any order issued by the hearing panel pursuant to Section 8.16.070 hereof.
(Ord. 654 § 8, 2004; Ord. 633 § 1, 2002; Ord. 624 §§ 1, 2, 2001; Ord. 618 § 3, 2001; Ord. 609 § 2, 2000; Ord. 597 § 1, 1999; Ord. 557 §§ 6—8, 1997; Ord. 361 § 1, 1978; Ord. 6.4.12) (Ord. No. 789 , § 1(Exh. A), 3-13-2023)
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Chapter 8.32 NOISE
Sections:

8.32.010 Declaration of policy.

It is declared to be the policy of the town of Hillsborough that the peace, health, safety and welfare of the town's residents require protection from excessive, unnecessary and unreasonable noises from any and all sources in the town. The purpose of this chapter is to preserve and enhance the tranquility for which the town is noted, to implement the goal of the general plan to minimize noise levels within neighborhoods so that residents may enjoy the benefits normally associated with residential communities, and to control the adverse effect of noise sources, all to the extent reasonably possible.
(Ord. 664 § 1, 2005; Ord. 439 (part), 1987)

8.32.020 Definitions.

For the purposes of this chapter, certain terms are defined as follows:
"Electric-powered gardening device" means any device described in subsection G of this section but powered by electricity instead of gas.
"Emergencies" means essential activities necessary to restore, preserve, protect or save lives or property from imminent danger of loss or harm. Such activities include actions initiated by the town of Hillsborough, public utility companies or private individuals.
"Gas-powered gardening device" means any portable machine powered with a gasoline engine and used in gardening, including, but not limited to, (1) leaf blower, (2) lawn mower, (3) hedge trimmer, (4) edger, (5) rototiller, or (6) chain saw.
"Noise level" means the maximum continuous sound level or repetitive peak sound level, produced by a source or group of sources as measured with a sound level meter. "Property plane" means a vertical plane including the property line which determines the property boundaries in space.
"Residential power equipment" means any of the following devices which are mechanically powered: saw, chain saw, sander, drill, grinder, generator, air compressor, power washer, electric-powered (but not gas-powered) gardening device, or any other similar tool or device.
"Sound level," expressed in decibels (dB), means a logarithmic indication of the ratio between the acoustic energy present at a given location and the lowest amount of acoustic energy audible to sensitive human ears and weighted by frequency to account for characteristics of human hearing, as given in the American National Standards Institute Standard S1.1, "Acoustic Terminology," paragraph 2.9, or successor reference. All references to dB in this chapter utilize the A-level weighting scale, abbreviated dBA, measured as set forth in this section. "Sound level meter" means a device for measuring sound level in decibel units within the performance specifications in the American National Standards Institute Standard S1.4, "Specification for Sound Level Meters." "Vehicle" means any device by which any person or property may be propelled, moved or drawn upon a highway or street.
(Ord. 538 (part), 1994; Ord. 439 (part), 1987)
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8.32.030 Normal noise and discretionary noise.
"Normal noise" consists of the noises of vehicular traffic, household appliances usually used within the living areas of a residential dwelling and similar articles used indoors, human voices, domestic pets, wildlife, weather and other forces of nature, and the other inevitable and ordinary noises of living. "Discretionary noise" consists of the noises of construction heavy machinery, gas-powered gardening devices, electric-powered gardening devices, residential power equipment, and other powered outdoor equipment, and the noises of other activities and devices not included in normal noise.
(Ord. 664 § 2 (part), 2005: Ord. 538 (part), 1994; Ord. 439 (part), 1987)

8.32.040 When allowed.

A. Normal noise shall be allowed at any time all seven days of the week.

B. Discretionary noise shall be allowed only as follows (or as allowed under the exceptions set forth in Section

8.32.050 of this chapter):

1. Monday through Friday (except holidays observed by the town, meaning that the city clerk's office is closed for observance of the weekday holiday):
a. Between Eight A.M. and Five P.M. Anyone may perform construction, alteration, demolition or repair, and anyone may operate residential power equipment provided that the noise level from all sources combined (whatever the sources are), as measured twenty-five feet outside the property line, shall not exceed one hundred dBA. This standard is the "property plane standard." b. Between Five P.M. and Eight P.M. Property owners and residents (and family members of either) may operate (on the owner's or resident's property) residential power equipment if the property plane standard is met.
c. Between Nine A.M. and Five P.M. Anyone may operate gas-powered or electric-powered gardening devices that do not produce a total combined noise level in excess of seventy dBA when measured from a distance of twenty-five feet from the loudest operating motor.

2. Saturday:
a. No leaf blowers at any time;
b. Between Ten A.M. and Five P.M. Owners and residents (and family members of either) may operate (on the owner's or resident's property) devices, equipment and machines, other than leaf blowers, that do not produce, singly or in combination, a total combined noise level of more than seventy dBA outside of the property plane.

Anyone may perform construction, alteration, demolition or repair pursuant to a valid building or other applicable permit issued by the town so long as the activities do not produce, singly or in combination, a total combined noise level of more than seventy dBA outside of the property plane; provided, however, that the building permit or other applicable permit may contain restrictions beyond those in this section, in which case, such greater restrictions shall control.

3. Sunday and weekday holiday: no discretionary noise of any kind. (Ord. 664 § 2 (part), 2005: Ord. 567 § 1, 1998; Ord. 561 §§ 2—4, 1997; Ord. 538 (part), 1994; Ord. 439 (part), 1987) -19-

8.32.050 Exceptions.

A. Refuse collection activities shall be permitted as provided in Section 8.12.050 of this code so long as they do not produce a noise level in excess of ninety-five dBA measured at a distance of twenty-five feet from the source.

B. Audible warning devices required by law to protect the health, safety and welfare of the community shall be permitted so long as they do not produce a noise level more than three dBA above the standard or minimum level stipulated by law. This is in addition to the requirements for burglary, fire and robbery alarms imposed by Chapter 5.12 of this code. Vehicle horns or other devices primarily intended to create a loud noise for warning purposes shall comply with the applicable provisions of the California Vehicle Code and other applicable law.

C. Sound performances and special events not exceeding eighty dBA measured at a distance of fifty feet from the source are exempt from this chapter when approval therefor has been obtained from the appropriate governmental entity.

D. Emergencies shall be exempt from this chapter.
(Ord. 664 § 2 (part), 2005: Ord. 538 (part), 1994; Ord. 439 (part), 1987)

8.32.060 Violations.

Violations of any provision of this chapter shall be a misdemeanor except that any violation with respect to the operation of residential power equipment or gas- or electric-powered gardening devices shall be an infraction unless such operation is part of construction, alteration, demolition or repair set forth in Section 8.32.040(B)(1)(a) of this chapter.
(Ord. 664 § 3, 2005; Ord. 538 (part), 1994; Ord. 439 (part), 1987)

8.32.070 Administrative rules.

The city manager may adopt reasonable rules and regulations for the purpose of administering the provisions of this chapter.
(Ord. 538 (part), 1994; Ord. 439 (part), 1987)
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10.32.050 Areas designated.

No operator of any vehicle shall stop, stand, park, or leave standing such vehicle in any of the following places, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or other authorized officer, or traffic sign or signal:

A. Within any divisional island unless authorized and clearly indicated with appropriate signs or markings; B. On either side of any street between the projected property lines of any public walk, public steps, street, or thoroughfare terminating at such street, when such area is indicated by appropriate signs or by red paint upon the curb surface;
C. In any area where the traffic engineer determines that the parking or stopping of a vehicle would constitute a traffic hazard or would endanger life or property, when such area is indicated by appropriate signs or by red paint upon the curb surface; D. In any area established by resolution of the council as a no parking area, when such area is indicated by appropriate signs or by red paint upon the curb surface; E. In any area where the parking or stopping of any vehicle would constitute a traffic hazard or would endanger life or property;
F. On any street or highway where the use of such street or highway or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or the installation of underground utilities or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and the parking of such vehicle would prohibit or interfere with such use or movement; provided that signs giving notice of such no parking are erected or placed at least twenty-four hours prior to the effective time of such no parking; G. At any place within twenty feet of a crosswalk when such place is indicated by appropriate signs or by red paint upon the curb surface, except that a bus may stop at a designated bus stop; H. Within twenty feet of the approach to any traffic signal, boulevard stop sign, official electric flashing device or fire hydrant;
I. Upon any designated fire lane when such fire lane is designated by the Hillsborough fire chief or his delegate and is indicated by:

1. A sign posted immediately adjacent to and visible from the designated fire lane clearly stating in letters no less than one inch high that such area is a fire lane; and either

2. Red outlining or paint on such area together with, in contrasting color, the words "FIRE LANE" which are clearly visible from a vehicle; or

3. A red curb or red paint on the edge of such area upon which curb or edge is clearly marked the words "FIRE LANE."
(Ord. 438, 1987; prior code § 50.28.44(c))
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Chapter 10.80 TRAFFIC CONTROL PLANS FOR LARGE EVENTS*
Sections:

10.80.010 Traffic control plan—When required, contents.

A. At least ten working days prior to the first date that a public or private event is to be held, the responsible individual or entity shall (in the case of events whose attendance is expected to exceed two hundred persons) or may (in the case of events whose attendance is not expected to exceed two hundred persons) apply to the Hillsborough police department (on a form provided by the police department) for a traffic control plan for the event.

B. The traffic control plan shall provide for parking, traffic flow, access routes and related matters and shall indicate what directional or regulatory signs, structures and/or devices (collectively "traffic signs") and/or traffic control officers are needed to maintain adequate traffic flow over the roadways involved.

C. The member of the police department responsible for event traffic control planning, in consultation with the individual or entity responsible for the event, shall develop an appropriate plan.

D. When a traffic control plan for a non-school event is required as set forth in subsection (N)(4) of Section

17.16.030, the provisions of this chapter and of subsection (N)(4) of Section 17.16.030 shall apply to such non-school event.
(Ord. 639 § 5, 2003; Ord. 611 § 37 (part), 2000)

10.80.020 Traffic control plan—Processing fee and deposit.

When applying for a traffic control plan, the applicant shall pay a processing fee in the amount established from time to time by resolution of the city council.
(Ord. 611 § 37 (part), 2000)

10.80.030 Traffic control plan—Traffic signs.

A. The traffic control plan may require changes in traffic flow, posting additional (or changing existing) traffic signs, or making similar special provisions. All traffic signs shall conform to the provisions of Sections 21400 and 21401 of the California Vehicle Code.

B. The individual or entity responsible for the event shall be responsible for obtaining, at his/her/its expense and in conformance with the specifications provided by the police department, any additional traffic signs required by the traffic control plan.

C. Any traffic signs required by the traffic control plan may be posted no more than twenty-four hours prior to the planned event and shall be removed no later than twenty-four hours after the event has concluded.

D. Any traffic signs bearing the legend "BY ORDER OF POLICE DEPARTMENT" may not be posted in any unincorporated county area or in any city or town other than Hillsborough without prior authorization from the county or such other city or town.

E. All signs (other than traffic signs) permitted under this chapter shall be of black lettering on white background and shall not be larger than twelve inches by fifteen inches (12″ x 15″). -22-
F. Traffic signs permitted under this chapter shall be posted only on public property, unless prior permission is obtained from the owner of private lands where posting is desired.

G. Signs advertising the event, as opposed to directional signs, are governed by the provisions of Chapter 17.48 and the other chapters and sections cited therein.
(Ord. 654 § 13, 2004; Ord. 611 § 37 (part), 2000)
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17.16.010 Designated.

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

A. Permitted Uses.

1. Single-family dwelling and accessory structures (including outdoor fixtures pursuant to Chapter

12.12); provided, however, that no lighting of tennis courts or play courts is permitted. A limited long-term room rental shall be deemed part of the permitted use as a single-family dwelling. (See Section 17.08.115.)

2. Country club (which includes all social and commercial activities normally conducted within a country club). Multifamily rental housing on the country club site for use and occupancy by employees of the country club is permitted.

3. Public buildings, parks, playgrounds, or other facilities owned by the town.

4. Duly franchised or municipal public utility with all accessories incident thereto, subject to all applicable rules, regulations, and licenses now or hereafter imposed.

5. Telecommunications structures and equipment entitled to be located in town pursuant to federal law.

6. Public schools and all structures and playgrounds incident thereto.

7. Open space owned by the town and intended to be kept unimproved. (The presence of public utilities or wireless communications facilities shall not be deemed an improvement.)

8. Second units meeting the standards of Chapter 17.52 of this code.

B. Uses Permitted with a Special Permit.

1. Home businesses for which a current and valid permit has been issued under Section 17.16.015 of this chapter;

2. Private schools and all structures and playgrounds incident thereto for which a current and valid permit has been issued under Section 17.16.030 of this chapter;

3. Commercial film production for which a current and valid film production permit has been issued under Section 17.16.012 of this chapter;

4. A fundraising event for which a permit has been issued under Chapter 5.16 of this code.

C. Uses Permitted with a Use Permit.

1. None. (The town of Hillsborough does not have a use permit system.) D. Uses Permitted as Required by Overriding State or Federal Law.

1. Family day care home for children in a single-family residence, to the extent mandated by California Health and Safety Code Section 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;

2. Residential care facility for the elderly in a single-family dwelling, to the extent mandated by California Health and Safety Code Section 1569.85. Such facilities shall meet all requirements of the Hillsborough Municipal Code, including but not limited to parking, relating to single-family residences; -24-

3. Transitional and supportive housing as defined respectively in California Health and Safety Code Sections 50675.2(h) and 50675.14(b). Such facilities shall meet all requirements of the Hillsborough Municipal Code, including but not limited to parking, relating to single-family residences;

4. One Emergency Shelter, as defined in California Health and Safety Code Section 50801(e), operating within the former fire station at 1600 Floribunda Avenue in Hillsborough, California, under the following standards:
i. Up to three beds shall be permitted on the premises; ii. No more than three clients shall be permitted on the premises at any time. Families consisting of not more than three individuals shall be permitted on the premises. A family consisting of three individuals must include at least one adult and at least member under the age of 18; iii. An on-site management plan is subject to review and approval by the police chief and shall include but not be limited to the number of employees, hours of operation, provision for transporting residents, provisions for providing personal hygiene, and provision for supplying food;
iv. All waiting and client in-take areas shall be entirely within the building enclosing the Emergency Shelter;
v. On-site management of the operation shall be present at all times that the facility is in operation; vi. Clients are limited to stays of no more than thirty days; vii. All exterior lighting shall be downlit, shall not be directed toward the street, the sky or neighboring properties and shall be a maximum of 60 watts; viii. No exterior signage associated with the facility is permitted except as outlined in Chapter 17.48 of the Hillsborough Municipal Code;
ix. An on-site security plan and the rules of the facility shall be subject to review and approval by the chief of police to ensure that nuisance activities are prevented. The plan shall include but not be limited to provision of an alarm system, locks, and a screening process to ensure that persons with outstanding warrants and convicted sex offenders are not permitted to occupy the premises;
x. One parking space per employee of the emergency shelter shall be provided; xi. The facility shall comply with all health and safety requirements of the County, State and Federal governments.

5. Any other use not otherwise provided for in this section and which, by state or federal law, may not be prohibited in the residence district.

E. Legal Nonconforming Uses.

1. Hillsborough Racquet Club (a membership social club incorporated on September 14, 1937, and since then continuously located at its present site at 252 El Cerrito Avenue, all prior to the adoption of the original residence district zoning ordinance (Ord. 143) on December 13, 1937) including all social and commercial activities traditionally conducted within the racquet club;

2. Structures meeting the definition of detached domestic units and in existence as of January 10, 1983.
(Ord. 683 § 6, 2008; Ord. 665 § 3, 2006; Ord. 648 § 7 (part), 2003; Ord. 639 § 11, 2003: Ord. 614 § 5, 2000; Ord. 613 §§ 1, 2, 2000; Ord. 603 § 2, 1999; Ord. 591 § 1, 1999; Ord. 392 § 1, 1984; Ord. 390 § 1, 1984; Ord. 381 §§ 1, 2, 1983; Ord. 350 § 1, 1978; Ord. 334 § 1, 1976; Ord. 323 § 1, 1973; prior code § 101.2.16)(Ord. No. 688, § 1, 6-14- 2010; Ord. No. 713, § 3, 4-7-2014; Ord. No. 761, § 11, 1-13-2020; Ord. No. 776, § 2, 12-13-2021) -25-

17.16.015 Home businesses.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1. Use of a Hillsborough street address on printed material in connection with the home business and similar uses of the address;
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2. The issuance of a license or permit by a governmental agency other than the town indicating that a business is located in the town;

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

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

F. In addition to any other consequence(s), including, but not necessarily limited to, that set forth in subsection E of this section, the violation of any provision of this section shall be grounds for immediate revocation of the home business permit.
(Ord. 639 § 13, 2003: Ord 613 §§ 3, 4, 2000; Ord 591 § 2, 1999) (Ord. No. 746, § 6, 11-13-2017)
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17.16.020 Use for the purpose of single-family dwelling—Defined.

A. Intent. It is the intent of this section to insure the preservation of the basic character of the residence district for residential purposes. Residential purposes include the use of the home for food and shelter and as a social institution for the private, religious, educational, cultural, and recreational advantages of the family.

Commercial activity, even merely incidental to the use of residential property, or any semblance of such commercial activity, adversely affects the residential character of the residence district and is therefore inconsistent with the preservation of such character.

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

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

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

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

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

D. Uses for Commercial Purposes.

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

2. The following are examples of activities that are "uses for commercial purposes":
a. Parties for commercial purposes pursuant to subsection E of this section; b. Use of the street address of a residence in town except as permitted under subsection C of this section;
c. Home businesses, as described in Section 17.16.015, for which a valid home business permit is not in effect;
d. Activities (which are profit-making or are intended to be profit-making) conducted by a resident in his or her own home that include causing or arranging for (in return for compensation) pickup or delivery of merchandise, products, or services within the town and for which activities a valid home business permit is not in effect;
e. Activities (which are profit-making or are intended to be profit-making) conducted by a resident in his or her own home that include the presence in the home of any person (employee or -28-
otherwise) whose sole or primary purpose is to participate in or assist with the activities and for which activities a valid home business permit is not in effect; f. Activities (which are profit-making or are intended to be profit-making) conducted by a resident in his or her own home that cause customers, prospective customers, or other business visitors to come to the resident's home and for which activities a valid home business permit is not in effect;
g. Activities (which are profit-making or are intended to be profit-making) conducted by a resident in his or her own home that involve the use of the resident's home address in connection with a business or commercial name or use of the resident's home address on any website and for which activities a valid home business permit is not in effect; h. Activities (which are profit-making or are intended to be profit-making) conducted by a resident in his or her own home which activities are covered by a valid and current resale license issued by the state of California and for which activities a valid home business permit is not in effect; and i. Transitory lodgings and advertisement of transitory lodgings.

3. The following are examples of activities that do not constitute "uses for commercial purposes":
a. Activities for which a current and valid home business permit has been issued under Section

17.16.015;
b. Household services provided to residents of the town by live-in household help; c. Activities (which are profit-making or are intended to be profit-making) conducted by a resident in his or her own home using only the telephone and/or U.S. or private mail service and which do not include any of the underlined activities, listed in subsections (D)(2)(d) through (D)(2)(h) of this section.

E. Parties for Commercial Purposes. For purposes of this section, parties or gatherings of individuals at a private residence within the town, invitations to which or announcements of which are advertised or publicized by paid advertisements of any kind in the print, broadcast, or other media or by paid promotion through the U.S. or private mail, or parties or such gatherings for which the host or another individual or entity designated by the host will receive some form of compensation from any individual or entity shall be deemed to be a use for commercial purposes. (Uses described in subsection I of Section 17.16.010 are governed by that subsection and not by subsection E of this section.) (Ord. 613 §§ 5—7, 2000; Ord. 390 § 2, 1984; Ord. No. 761, § 12, 1-13-2020) -29-
Chapter 17.36 OFF-STREET PARKING REQUIREMENTS*
Sections:

I. Residential Parking

17.36.010 Garage required.

A. Every newly constructed or substantially enlarged dwelling shall include a garage that meets the definition of "garage" in Chapter 17.08 and the requirements of this Chapter 17.36. No existing garage shall be removed or converted to something other than a garage unless another garage, meeting the requirements of this chapter, is constructed to replace the existing garage.

B. For purposes of this chapter, a "newly constructed dwelling" is one for which a building permit is issued for the construction of an entirely, or almost entirely, new dwelling. The preservation of a token amount of wall or similar structural part of an existing structure shall not prevent the construction from being deemed a "newly constructed dwelling."
C. For purposes of this chapter, a "substantially enlarged dwelling" is one for which a building permit is issued for the construction of an addition which results in a net increase in floor area that is greater than fifty percent of the dwelling's existing floor area.

D. If the construction does not constitute "a newly constructed dwelling" or a "substantially enlarged dwelling" but nonetheless includes the addition of one or more bedrooms and that addition brings to the total number of bedrooms to four or more, additional garage space(s) shall be provided, as necessary, to bring the dwelling into compliance with the minimum number of parking spaces set forth in Section 17.36.030.

E. For purposes of this chapter, a bedroom is a private room designed for or capable of being used for sleeping, separated from other rooms by a door and accessible to a bathroom (which includes a bathtub or shower) without crossing another room other than a hallway or open area. (Ord. 639 § 19, 2003)

17.36.020 Minimum size of parking spaces; required back-up space.

Each garage parking space shall be at least ten feet wide and twenty feet long and have at least seven and a half feet vertical clearance. Each unenclosed parking space shall be at least eight and one-half feet wide and eighteen feet long. Outside and directly in front of each garage door shall be a minimum unobstructed backup space at least twenty-five feet long (measured in a straight line from and perpendicular to the front of the garage doors) and twenty feet wide. The backup space shall be on private property and not in the public right-of-way. (Ord. 652 § 6, 2003; Ord. 639 § 19, 2003)

17.36.030 Minimum number of parking spaces; locations of parking spaces.

A. Every dwelling shall have at least the following number of parking spaces, depending on the number of bedrooms in the dwelling:

Number of bedrooms Required minimum number of parking spaces 1 - 3 Two garage spaces*
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4 - 5 Two garage spaces + one more, which may be
unenclosed*
6 or more Two garage spaces + two more, which may be
unenclosed*
* Plus additional parking spaces (which may or may not be enclosed) as recommended by the architecture and design review board, based on the size and design of the dwelling and the size and configuration of the property.

B. Required garage spaces shall be usable independently of each other. In other words, garage spaces arranged in tandem shall be counted as one required garage space. For purposes of this chapter, spaces arranged in tandem are spaces arranged one behind the other such that only one of the spaces has access to the driveway without crossing over another parking space.

C. The required backup space in front of the garage doors shall not be counted as required additional parking spaces.

D. All required parking spaces shall be on the private property and not in the public right-of-way. (Ord. 639 § 19, 2003)

17.36.035 Parking spaces for second units.

A. Parking spaces for second units shall be governed by this section and not by the other sections of this chapter except that Subsection E of Section 17.36.010, Subsection D of Section 17.36.030, and the second sentence of Section 17.36.020 shall apply to second units.

B. The required minimum parking for second units is as follows:
(i) Unit with one or two bedrooms: one unenclosed parking space; and (ii) Unit with three or more bedrooms: two unenclosed parking spaces; and (iii) Parking for second units may be provided as tandem parking on an existing driveway.

C. Notwithstanding Subsection B of this section, no additional parking shall be required for second units located within one-half mile of a public transit stop or car share vehicle pickup location, second units located entirely within an existing primary residence or an existing accessory structure, or second units otherwise exempt under Government Code Section 65852.2(d) or successor provision. If a second unit replaces an existing garage, carport, or covered parking structure, replacement spaces must be provided to meet the requirements of Chapter 17.36 but may be provided as covered spaces, uncovered spaces, tandem spaces, or mechanical parking lifts.
(Ord. 648 § 9, 2003)
(Ord. No. 743, § 3, 12-12-2016)
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II. Non-Residential Parking and Loading

17.36.040 Purpose.

The purpose of these provisions is to alleviate or prevent congestion of the public streets and to promote the public safety and welfare by establishing minimum requirements for off-street parking, and loading and unloading of motor vehicles, at private schools, country clubs, public parks, and private clubs. (Ord. 639 § 19, 2003)

17.36.050 Definitions.

The following definitions apply to this part II of this chapter:
"Aisle" means the traveled path through a parking lot between one or two rows of parked vehicles. "Aisle width" means the width of backout and driving aisle between parking rows. "Bumper overhang" means the area beyond the wheel stop and parking lot curbs where it is safe and legally permissible for bumpers to extend.
"Length of stall" means the measurement of the individual stall measured perpendicular to the width. "Parking bay" means the section of a parking lot containing an aisle and one or two rows of parking stalls. "Ramp" means an inclined portion of a parking structure intended for travel purposes to access different levels or areas of a parking structure and which may provide parking stalls on one or both sides. "Stall" means a portion of a parking lot designed to hold one vehicle and marked by painted lines on pavement.

1. "Compact stall" means an off-street parking stall that is eight feet wide and seventeen feet long that is designed to accommodate a vehicle that is less than fifteen feet in overall length and six feet in width.

2. "Confined stall" means an off-street parking stall that has any obstruction higher than a six inch curb on both sides, including walls, railings, stairwells, columns, or fences.

3. "End stall" means the last off-street stall in a row or bay of parking that requires a motorist to egress in the direction of ingress and requires additional backup space.

4. "Restricted stall" means an off-street parking stall that has any structural element, including curbs over six inches on either side.

5. "Standard stall" means an off-street parking stall that is eight feet six inches wide and eighteen feet long.
"Width of stall" means the clear width of an individual stall measured perpendicular to the angle of parking. (Ord. 639 § 19, 2003)

17.36.060 Scope.

This part II of this chapter shall apply to all private schools, country clubs, public parks, and private clubs located in the town. In the event of an increase in intensity of use, change in use, or voluntary upgrade, the following shall apply:

A. When the intensity of use of any structure or premises is increased through the addition of dwelling units, gross floor area, or other units of measurement used by this part II to determine parking or -32-
loading requirements, parking lots and loading facilities shall be provided for such increase in intensity of use.

B. Whenever the existing use of a structure or premises is hereafter changed to a new use, parking lots or loading facilities shall be provided as required for such new use.

C. Whenever a parking lot, constructed before the adoption of this part II and the preceding regulations adopted by resolution on June 11, 2001, and not meeting the design provisions of Section 17.36.170, is voluntarily upgraded without a change in or intensification of use, the parking lot shall reflect an improvement towards meeting those design provisions.
(Ord. 639 § 19, 2003)

17.36.070 Driveways.

Access to garage or parking stalls shall be provided by a driveway or driveways meeting the following requirements:

A. Driveways may not be less than ten feet wide when serving two or fewer garage or parking stalls and not less than twelve feet wide when serving three or more garage or parking stalls.

B. Each required off-street parking stall shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular ingress and egress.

C. The vehicular access to a street designed for the off-street parking lot shall be that which will least interfere with traffic movements and which will provide a safe and efficient means for pedestrians using the parking lot to have access to the building entry.

D. Driveways shall also meet requirements of the town's fire and engineering departments. (Ord. 683 § 10, 2008: Ord. 639 § 19, 2003)

17.36.080 Lots and facilities—Existing.

Off-street parking lots or loading facilities in existence as of June 11, 2001, or provided voluntarily after that date, shall not thereafter be reduced below (or further reduced, if already below) the requirements of this part II of this chapter without prior approval of the city council. (Ord. 639 § 19, 2003)

17.36.090 Lots and facilities—Permissible.

Nothing in this part II of this chapter shall be deemed to prevent the voluntary establishment of off-street parking lots or loading facilities to serve an existing use of land or buildings, provided that this part II is adhered to in establishing those lots and facilities.
(Ord. 639 § 19, 2003)

17.36.100 Damage—Destruction.

For any conforming building or use that is in existence on June 11, 2001, and is subsequently damaged or destroyed and thereafter reconstructed, reestablished, or repaired (and for any legally nonconforming use that is lost by reason of such damage or destruction, off-street parking lots or loading facilities need not be provided, except that parking lots or loading facilities equivalent to any maintained at the time of such damage or -33-
destruction shall be restored or continued in operation. However, in no case shall it be necessary to restore or maintain parking lots or loading facilities in excess of those required by this part II of this chapter for equivalent new uses or construction.
(Ord. 639 § 19, 2003)

17.36.110 Joint parking lots.

Off-street parking lots for different structures or uses, or for mixed uses, may be provided collectively so long as the total number of stalls so located together is not less than the sum of the separate requirements for each use.
(Ord. 639 § 19, 2003)

17.36.120 Computation.

When determination of the number of off-street parking stalls required by this part II of this chapter results in a requirement of a fractional stall, an additional stall shall be provided. (Ord. 639 § 19, 2003)

17.36.130 Stall dimensions.

All required off-street parking stalls shall conform to the following standards:

A. Width of stall:

1. Eight feet for compact stalls only.

2. Eight feet six inches for standard stalls.

3. Ten feet for two adjacent end or restricted stalls and all confined stalls.

4. As otherwise required in Section 17.36.150.

B. Length of stall:

1. Seventeen feet for compact stalls only.

2. Eighteen feet for standard stalls.

3. Stall depths may be reduced two feet where bumper overhang is permissible.

C. Vertical clearance:

1. Not less than seven feet over the entire stall area for all stalls.

D. Marking of compact car stalls:

1. The surface of each stall shall be clearly marked "SMALL CARS ONLY." (Ord. 639 § 19, 2003)

17.36.140 Aisle dimensions.

Aisles serving off-street parking stalls shall conform to the following standards:

A. Aisles shall be at least twelve feet wide for one-way traffic flow and twenty-two feet for two-way traffic flow.
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B. Aisle widths at turns shall be provided pursuant to the standards of the American Association of State Highways and Transportation Officials (AASHTO), subject to approval by the city engineer.

C. One-way aisles shall alternate direction, or otherwise provide logical vehicular circulation subject to approval of the city engineer.

D. Aisles shall provide for non-congestive flow from and into the street by logical relationships with the driveways. A two-way driveway shall directly connect with a two-way aisle. Reversal of the "right-hand rule" of driving for two-way aisles or closely adjacent one-way drives is prohibited.

E. One-way aisles shall not dead-end.

F. Circulation requiring use of the street or public right-of-way is prohibited. (Ord. 639 § 19, 2003)

17.36.150 Turning radii and turn-around requirements.

Circulation for parking lots shall conform to the following:

A. Backout onto any public right-of-way shall be prohibited.

B. All parcels providing three or more permanently maintained garage or parking stalls shall provide an area for turnaround purposes on the site that shall have a minimum turning radius of twenty-four feet and be located adjacent to the entrance of the garage or parking stall, and not on any part of the public right-of-way.

C. Each end stall in an open or enclosed parking lot shall be provided with a three-foot turning bay or the end stall shall measure at least eleven feet six inches in width. Additional maneuvering space shall be provided for entering vehicles to turn around in the event the parking bays are fully occupied.

D. Aisles, ramps, turnarounds, and curbs shall be designed with the following minimum radii:

Minimum Radius to Outside of
One-Way Ramp
Minimum Radius to Inside of TwoWay Ramp
Radius to curbs lower than 6″
(wheel radius)
30′ 18′
Radius to walls, columns, or
Structures over 6″ (body overhang
radius)
32′ 16′
E. Turning aisles or ramps with two-way traffic shall have radii and aisle widths sufficient for two automobiles to pass on the turn. Ramp widths on turns shall be as follows:

Curb to Curb Wall to Wall
Minimum one-way ramp width 12′ 16′
Minimum two-way ramp width 24′ 28′
F. No portion of a circular ramp may be considered an aisle for automobiles in adjacent bays. (Ord. 639 § 19, 2003)
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17.36.160 Handicapped parking.

Handicapped parking shall conform to the requirements of the then-current California Building Standards Code.
(Ord. 639 § 19, 2003)

17.36.170 Design—Maintenance.

A. All open off-street parking areas shall be improved with a compacted base, surfaced with plant mix asphalt, concrete, or other surfacing, including pervious pavement such as porous asphalt, permeable concrete, and permeable pavers designed to support anticipated vehicle loads, approved by the city engineer. Delineated parking stalls and directional arrows showing traffic movements shall be painted onto the paved off-street parking area and maintained in good condition. Open off-street parking areas surfaced only with gravel and not marked with delineated parking stalls and directional arrows and in existence prior to June 11, 2001, shall not be required to meet the stricter requirements of this paragraph so long as such gravel parking areas are maintained in good condition (weed-free, covered with a thick, level layer of gravel, and adequately drained) and motor vehicles using the area are shown where to park by a parking attendant whenever there is an event or activity that may result in the parking area's being filled to much or all of its capacity.

B. Parking lots and garages shall be adequately drained and shall integrate green infrastructure measures indicated in the town's green infrastructure plan approved by resolution of the city council.

C. Any lighting used to illuminate off-street parking areas shall be directed away from residential properties so as not to create a nuisance.
(Ord. 639 § 19, 2003)
(Ord. No. 757, § 14, 10-14-2019)

17.36.180 Floor area.

Unless otherwise specified, the floor area used for determining off-street parking requirements is the gross floor area of the building(s).
(Ord. 639 § 19, 2003)

17.36.190 Schedules generally.

Off-street parking stalls shall be provided as listed below. Parking stalls required on an employee basis shall be based on the maximum number of employees on duty plus employees residing on the premises at any one time.

USES MINIMUM PARKING STALLS REQUIRED
Public parks less than three acres in size. 1 stall per 20,000 square feet. On-street parking available along the park's street frontage shall count
towards satisfying off-street parking requirements at
the rate of one stall for each increment of 22 linear
feet.

Country clubs and private clubs 1 stall for each 70 square feet of floor area.

Private Schools:
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a. Colleges, universities, and other institutes of higher (post-secondary) learning.
1 stall for each 2 students based on allowed maximum
enrollment plus 1 for each member of the faculty and
each employee. Plus 1 for every 5 dormitory rooms.
b. Day nurseries, including preschools and nursery
schools.
1 stall for each employee. Plus designated spaces for
loading and unloading children as follows: 1 space for
the first 6 children for which the facility is licensed, plus 1 space for the next 6 children for which the
facility is licensed, plus 1 space for the next 18
children for which the facility is licensed, plus 1 space for every 10 children thereafter for which the facility is licensed. (If there are not even multiples of 6, 10, or 18 children, as the case may be, the space required for the last group of children shall apply to however many
children are in the last group.)
c. Elementary and junior high schools. 1 for each employee. Plus a designated area on-site for loading and unloading passengers. Plus adequate
on-site access and loading for buses.
d. Senior high schools. 1 for each employee. Plus 1 for each 6 students based on allowed maximum enrollment. Plus adequate onsite access and loading for buses. e. Trade schools, business colleges, and commercial
schools.
1 for each employee. Plus 1 for each 3 students, based
on allowed maximum enrollment.
f. Multifamily rental housing on private school
property for use and occupancy by faculty or other
employees of the school.
1 space per unit for studio and one-bedroom units and

1.5 spaces per unit for two or more bedroom units.

Shared/flexible parking opportunities may be
approved for multifamily rental housing on the school
site for use and occupancy by faculty or other
employees of the school in conjunction with a permit
to operate or for an amendment to the permit to
operate.
(Ord. 639 § 19, 2003)
(Ord. No. 711, § 4, 11-12-2013)

17.36.200 Bicycle parking facilities.

A. A minimum of one bicycle parking facility shall be provided in parking lots containing from thirty to one hundred parking stalls with another bicycle parking facility being provided for each additional one hundred parking stalls or fraction thereof. Additional bicycle parking facilities shall be provided where projected usage as determined by the city engineer indicates a greater need.

B. Bicycle parking facilities shall be designed to provide access to each bicycle and to public streets and access easements. Bicycle parking facilities may be divided and provided at multiple locations on-site. Each bicycle shall be provided a minimum of eighteen inch side clearance from the centerline of adjacent bicycles and ten inch clearance both front and rear.

C. Means, such as racks or fixed lockers, shall be provided for securing bicycles. Outdoor bicycle parking facilities shall be highly visible from the principal use and public streets. -37-
D. Bicycle parking areas and automobile parking areas shall be separated from each other by location or physical barrier.

E. The ground surface of any bicycle parking facility shall be finished or planted to avoid mud and dust.

F. Bicycle parking facilities shall integrate green infrastructure measures as such measures are identified as opportunities in the town's green infrastructure plan approved by resolution of the city council and as such measures are technically feasible.
(Ord. 639 § 19, 2003)
(Ord. No. 757, § 15, 10-14-2019)

17.36.210 Compact car stalls permissible.

Compact car stalls meeting all standards set forth in this part II of this chapter may be permitted as follows:

A. Where the number of required parking stalls is from ten to one hundred, thirty percent of such stalls may be compact car stalls.

B. Where the number of required parking stalls is more than one hundred, forty percent of such stalls may be compact car stalls.

C. If the computation of the number of compact car stalls allowed results in a number that includes a fraction, the number shall be rounded up to the next higher whole number if the fraction exceeds three-fourth and otherwise rounded down to the next lower whole number. (Ord. 639 § 19, 2003)

17.36.220 Other uses.

For uses not listed in Section 17.36.190, parking stalls shall be provided on the same basis as required for the most similar listed use, or as determined by the city council. (Ord. 639 § 19, 2003)

17.36.230 Off-street loading—Location.

Every private school, country club, and private club shall have at least one on-site off-street loading stall located on the same parcel as the use served. (In the case of multiple legal parcels, the word "parcel" refers to all contiguous parcels devoted to the use in question and "the property line of the parcel" means the perimeter of all the contiguous parcels devoted to the use in question.) Any loading stall for vehicles over a two-ton capacity shall be located at least fifty feet away from the property line of the parcel unless the loading stall is completely enclosed by building walls, a uniformly solid fence or wall, or any combination of these, and such enclosure is at least six feet high. No loading stall shall be located within twenty-five feet of the nearest point of intersection of any two streets.
(Ord. 639 § 19, 2003)

17.36.240 Off-street loading—Size.

Loading stalls shall be of a size consistent with the loading demands on an average business day for the use of the parcel; provided, however, that all loading stalls shall be at least ten feet wide by at least twenty-five feet -38-
long, exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least fourteen feet; and provided, further, that if trucks larger than those normally accommodated by the foregoing dimensions are likely to make deliveries to the parcel, the loading stall, aisles, driveways, turnaround, and overhead clearances shall be appropriately increased.
(Ord. 639 § 19, 2003)

17.36.250 Off-street loading—Access.

Each required off-street loading stall shall be designed with appropriate means of vehicular access to a street in a manner that will least interfere with traffic movements and shall be designed to preclude backing out onto a public right-of-way.
(Ord. 639 § 19, 2003)

17.36.260 Off-street loading—Surfacing.

All open off-street loading stalls shall be improved with a compacted base at least five inches thick plus at least three inches of plant mix asphalt or concrete (or other comparable material approved by the city engineer) on top of the base or shall be of a permeable pavement placed on an aggregate base that is designed for the anticipated vehicle load, as indicated by the town's green infrastructure plan approved by resolution of the city council and as approved by the city engineer.
(Ord. 639 § 19, 2003)
(Ord. No. 757, § 16, 10-14-2019)

17.36.270 Off-street loading—Use for off-street parking requirement prohibited.

Space allocated to any off-street loading stall shall not, while so allocated, be used to satisfy the space requirements for any off-street parking lots or portions thereof. (Ord. 639 § 19, 2003)
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Malibu, California Municipal Code
Title 5 BUSINESS LICENSES AND REGULATIONS
Chapter 5.34 SPECIAL EVENTS

5.34.010 Purpose.

5.34.020 Prohibition on excessive special events in residential neighborhoods—Events requiring permits.

5.34.030 Application requirements.

5.34.040 Special event permit issuance.

5.34.010 Purpose.

The purpose of the special event permit is to allow for occasional large events in residential neighborhoods, while preserving the predominately residential character of the neighborhood. Large events shall be regulated so as to avoid incompatibility between such uses and surrounding areas. (Ord. 322 § 1, 2008)

5.34.020 Prohibition on excessive special events in residential neighborhoods—Events requiring permits.

It is unlawful for any person to conduct or hold in any residence or on any residential property any special event requiring a special event permit as provided in this chapter without such a permit. A special event permit issued by the city prior to the commencement of the event shall be required for all of the following events on property located in any RR, SF, MF, MFBF, MH, or (Malibu Coast Estate) PD zone:

A. Any event anticipating or prepared to accommodate one hundred (100) or more persons; or B. Any event with any commercial component such as an admission fee, renting of facility, public advertising, or promoting a product in the media by inviting persons who wear or display a product or products for the purpose of attracting media attention to such products at the event, such as to attract the attention of the paparazzi; or
C. Any event held at a location that is being rented for a period of thirty (30) days or fewer qualifies as a special event if fifteen (15) or more people are anticipated to attend.

A special event permit shall not be issued for an event of more than eight hours in duration. (Ord. 406 § 2, 2016; Ord. 322 § 1, 2008)
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5.34.030 Application requirements.

A resident of the city may obtain from the city a maximum of four special events permits per calendar year per parcel in order to conduct a special event at the resident’s residence pursuant to the provisions of this section. Properties with outstanding code enforcement violations are not eligible for special event permits unless a compliance agreement between the city and the property owner exists that addresses a resolution to the violation.

A. Requirements. A complete application for special event permit shall consist of the following:

1. An application, in a form as approved by the city, completely filled out and signed by applicant and property owner;

2. Filing fee;

3. Site plan, including the location of all temporary structures, access onto the site, and parking areas;

4. A written description detailing the type and nature of the event, the date and hours of the event and information on how noise, garbage, sanitation, dust and traffic will be managed; and

5. An affidavit signed by the applicant attesting that he or she is the person hosting the special event. (Ord. 406 § 2, 2016; Ord. 322 § 1, 2008)

5.34.040 Special event permit issuance.

A. The city manager, or his or her designee, shall issue a permit for special events that meet the requirements of this chapter within ten (10) business days of receipt of a complete application. The city manager may impose conditions on the permit to protect against the event becoming a nuisance to the surrounding neighborhood due to the number of people in attendance, the amount of traffic to be generated, the type and volume of amplified music or entertainment to be utilized and other similar considerations. Conditions shall take into account the size of the residential property, the capacity of the street on which it is located, the availability of parking and the proximity to neighbors.

B. Ten (10) days prior to the event, or on the date of permit issuance, whichever is later, the event host or property owner(s) shall post a notice of special event provided by the city in a conspicuous location on the property that is visible from the adjacent street. The notice may be mounted to the exterior of the building, mailbox, fences, or mounted on a stake. The notice shall state the time, location and nature of the event, and applicant name and phone number. -41-
C. Should a special event be held without a special event permit, or be in violation of the special event permit conditions, no special event permits will be issued for the property for a period of six months from the date of violation. An additional six-month restriction period will be imposed for each subsequent special event permit violation. (Ord. 409 § 2, 2016; Ord. 406 § 2, 2016; Ord. 322 § 1, 2008) Contact:

City Clerk: 310-456-2489 ext. 228
Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use. -42-