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Title 15 - BUILDINGS AND CONSTRUCTION
Chapter 15.02 - ADMINISTRATIVE CODE
Sections:
FOOTNOTE(S):
--- (1) --Editor's note— Ord. No. 690, § 4, adopted December 13, 2010, amended chapter 15.02 in its entirety
to read as herein set out. Former chapter 15.02, §§ 15.02.010—15.02.100, pertained to Administrative
Code, and derived from Ord. 680 § 3(part), 2007.
15.02.010 - Purpose.
The purpose of this chapter is to provide for the administration and enforcement of the technical
codes adopted by this jurisdiction. The provisions of this code shall serve as the administrative,
organizational and enforcement rules and regulations for the technical codes which regulate site
preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings,
structures and building service equipment within this jurisdiction and to provide for inspections,
issuance of permits, collection of fees, and imposition of penalties for violations, and to adopt uniform
rules, regulations, and standards in respect thereto.
(Ord. No. 690, § 4, 12-13-2010; Ord. No. 712, § 4, 11-12-2013)
15.02.020 - Adoption.
A.
The rules, regulations, and standards printed in the Administrative Code, 2010 Edition, as
incorporated by reference in the California Building Standards Code are hereby adopted as the
rules, regulations, and standards for the town of Hillsborough as to all matters contained therein,
except as otherwise provided herein.
B.
One copy of the Administrative Code shall at all times be kept on file at the town of Hillsborough
building department. The copy shall be accompanied by copies of Hillsborough Municipal Code
Chapter 15.02 () (as well as any additional subsequent amendments) to show the town of
Hillsborough amendments to the Administrative Code.
C.
In the event there is any conflict or inconsistency between the provisions of the Hillsborough
Municipal Code and the Administrative Code when applied to any particular case, that
requirement which establishes the higher degree of safety shall be complied with unless otherwise
specifically stated in the Hillsborough Municipal Code.
D.
No provision of the Administrative Code, as amended hereby, shall be deemed to supersede any
other provision of the Hillsborough Municipal Code.
(Ord. No. 690, § 4, 12-13-2010; Ord. No. 712, § 4, 11-12-2013)
15.02.030 - Amendment of Administrative Code.
None.
(Ord. No. 690, § 4, 12-13-2010; Ord. No. 712, § 4, 11-12-2013)
15.02.040—15.02.080 - (Reserved)
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15.02.090 - Amendment procedure.
When, in the judgment of the building department, it is reasonably necessary to amend the
provisions of the Administrative Code due to local climatic, geological, topographical, or environmental
conditions, the building official shall prepare and submit the proposed amendments to the city council
for consideration at the next regularly scheduled city council meeting. Before adopting any changes or
modifications in the requirements contained in the provisions published in the Administrative Code, or
in any other regulations adopted hereunder, the city council shall make an express finding that such
modifications or changes are reasonably necessary because of local climatic, geological, topographical,
or environmental conditions. Such finding shall be made available as a public record. Upon approval by
the city council and filing of the city council's findings with the State Department of Housing and
Community Development, such amendments shall be added to and become a part of the provisions of
this chapter.
(Ord. No. 690, § 4, 12-13-2010; Ord. No. 712, § 4, 11-12-2013)
15.02.100 - Promulgation of updated editions of the Administrative Code.
As successive editions of the Administrative Code are promulgated and incorporated by reference
in the California Building Standards Code, the Building Department, under the guidance and direction
of the building official, shall review the provisions of the new code in order to determine whether they
are consistent with the provisions of the Administrative Code then in force as modified by the
provisions of this chapter. The building official shall submit a list of recommendations with respect to
such changes (if any) to the city council. Upon review and adoption by the city council, according to the
procedure set above, such revised version of the Administrative Code, together with all amendments
thereto which are recommended by the building official and/or required by the provisions of this
chapter, shall govern all buildings and construction within town limits.
(Ord. No. 690, § 4, 12-13-2010; Ord. No. 712, § 4, 11-12-2013)
Chapter 15.03 - RESIDENTIAL CODE
Sections:
15.03.010 - Purpose.
The purpose of this code is to establish the minimum requirements to safeguard the public health,
safety and general welfare through structural strength, means of egress facilities, stability, access to
persons with the disabilities, sanitation, adequate lighting and ventilation, and energy conservation;
safety to life and property from fire and other hazards attributed to the built environment; and to
provide safety to fire fighters and emergency responders during emergency operations.
(Ord. No. 690, § 5, 12-13-2010; Ord. No. 712, § 5, 11-12-2013)
15.03.020 - Adoption of California Residential Code, Title 24, Part 2.5.
The rules, regulations and requirements published by the International Code Council (ICC) under
the title "2012 International Residential Code Volume" and adopted as the "2013 California Residential
Code" including Appendix Chapters G, H, J, N, O, P, and Q and the State of California amendments
thereto, are hereby adopted as and for the rules, regulations, and standards for the town of
Hillsborough as to all matters contained therein except as herein otherwise provided.
A.
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One copy of the 2013 California Residential Code shall at all time be kept on file in the town
hall in the building official's office. It shall be accompanied by one copy of Hillsborough
Municipal Code Chapter 15.03 () (as well as any additional subsequent amendments) to show
the amendments to the 2013 California Residential Code.
B.
In the event of any conflict or inconsistency between the provisions of the Hillsborough
Municipal Code and the 2013 California Residential Code, when applied to any particular case,
that requirement which establishes the higher degree of safety shall be complied with unless
otherwise stated in the Hillsborough Municipal Code.
C.
No provision of the 2013 California Residential Code, or as amended hereby, shall be deemed
to supersede any other provision of the Hillsborough Municipal Code.
(Ord. No. 690, § 5, 12-13-2010; Ord. No. 712, § 5, 11-12-2013)
15.03.030 - Amendment of Residential Code.
The 2013 California Residential Code as adopted by this chapter is hereby amended, in its
application to the town as set forth in Sections 15.03.040 () through 15.03.230 ().
(Ord. No. 690, § 5, 12-13-2010; Ord. No. 712, § 5, 11-12-2013)
15.03.040 - (Reserved)
15.03.050 - (Reserved)
15.03.060 - Work exempt from permit.
Section 105.2 Exemptions from permit requirements of this code shall not be deemed to grant
authorization for any work to be done in any manner in violation of the provisions of this code or any
other laws or ordinances of this jurisdiction.
(Ord. No. 690, § 5, 12-13-2010; Ord. No. 712, § 5, 11-12-2013)
15.03.070 - Schedule of permit fees.
Section 108.2 Schedule of Permit Fees shall be as follows:
A.
A fee shall be set forth in the Town of Hillsborough's Master Fee Schedule, plus any additional
fees which may be established or mandated by state or federal law or city ordinance.
B.
The value to be used in computing the building permit fee, the plan review fee and other fees
shall be the total value of all construction work for which the permit is issued as well as all
finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire
extinguishing systems, etc., and any other permanent construction or equipment.
C.
A fee for each permit shall be paid as required, in accordance with the master fee schedule,
including subsection C.1. and C.2. of this section
1.
Whenever a permit fee is required by this chapter to be paid prior to starting work and
such work is started prior to obtaining a permit, the scheduled fee shall be the applicable
permit fee as set forth in Table No. 1-A found in the master fee schedule, plus an
additional amount of up to ten times the applicable permit fee. The exact amount shall be
set by the building official in the amount that will, in his or her good faith estimate,
recover the cost of town staff time expended to deal with the problems caused by the
unpermitted work.
2.
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If a stop work order is issued, it may not be lifted until a permit reactivation fee has been
paid in the amount of not less than two hundred fifty dollars up to one thousand dollars,
the exact amount to be set by the building official in the amount that will, in his or her
good faith estimate, recover the cost of town staff time expended to deal with the
problems involved in the issuance of the stop work order.
3.
A document imaging charge shall be charged upon submission of every application for a
combination, building, electrical, plumbing, mechanical, grading and or encroachment
permit.
(Ord. No. 690, § 5, 12-13-2010; Ord. No. 712, § 5, 11-12-2013)
15.03.080 - Contractor's bond.
If a contractor's bond prior to the issuance of any permit for a new residence or other work to
which this section is applicable in the opinion of the building official, the applicant shall file with the
building official a performance, maintenance or completion bond in the amount of the estimated cost
of the work allowed or required under the provisions of the permit. The purpose and intent of the
bond is to ensure the completion of all work including the installation of any required curbs, gutter,
street, sewer, sewer laterals, storm sewers and water mains; the repair of any damage to any of the
above; and the removal of all debris from streets, gutters, parking strips areas, and the job site. Upon
completion of the permitted work, such bond shall be exonerated, less any charges against the
applicant for any work required to be done or contracted to be done by the town to complete the
work.
(Ord. No. 690, § 5, 12-13-2010; Ord. No. 712, § 5, 11-12-2013)
15.03.090 - Certificate issued.
Section 110.1.1 added to read as follows:
No final inspection by the building official as to all or any portion of a development shall be
deemed complete, and no certificate of occupancy or temporary certificate of occupancy shall be
issued unless and until the installation of the prescribed fire protection facilities and access ways have
been completed and approved by the fire chief or designee
(Ord. No. 690, § 5, 12-13-2010; Ord. No. 712, § 5, 11-12-2013)
15.03.100 - Fire sprinklers in garages and carports.
Section R309.6 Fire Sprinklers Exception for fire sprinklers in garages and carports is deleted in its
entirety.
(Ord. No. 690, § 5, 12-13-2010; Ord. No. 712, § 5, 11-12-2013)
15.03.110 - One- and two-family dwellings automatic fire systems.
Section R312.2. Exception is deleted and replaced with the following paragraph: One- and twofamily dwellings automatic fire systems. An automatic residential fire sprinkler system is required
when additions and/or alterations to existing buildings with a total building floor area more than 2,000
square feet or more than two stories in height, and/or when additions or alterations for which a
building permit is required exceeds 1,500 square feet in area or 20% of the total footage for of
buildings over 7,500 square feet.
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(Ord. No. 690, § 5, 12-13-2010; Ord. No. 712, § 5, 11-12-2013)
15.03.111 - Required sprinkler locations.
Section R313.3.1.1 is deleted and replaced with the following:
1.
Sprinklers shall be installed to protect all areas of a dwelling unit.
Exceptions:
2.
3.
a.
Clothes closets, linen closets and pantries not exceeding 24 square feet (2.2m2) in area,
with the smallest dimension not greater than 3 feet (915 mm) and having wall and ceiling
surfaces of gypsum board.
b.
Detached carports and garages less than 2,000 square feet in area and separated from
residential buildings complying with CRC R302.1.
Sprinkler coverage shall be provided in the following locations:
a.
Attic access openings
b.
Areas of attics and crawl spaces containing storage, mechanical and/or electrical
equipment.
Inspector Test Valves shall be provided for each system and located the furthest point away
from the sprinkler riser for buildings greater than 3,600 square feet.
(Ord. No. 690, § 5, 12-13-2010; Ord. No. 712, § 5, 11-12-2013)
15.03.112 - Additions and alterations.
Section R313.3.2.7 is added to read as follows:
1.
2.
The standard for calculating the size of addition and/or alteration for determining the
threshold for fire sprinkler systems shall be by the following:
a.
The square footage of every room being added or altered shall be included in the
calculation of total square footage of addition or alteration.
b.
The entire square footage of an individual room shall be added when at least fifty percent
(50%) or greater of the linear length of interior wall sheeting or ceiling within the room is
new. Removed or replaced windows, doors, and opening are excluded from the
calculation.
The size or cost of additions and alterations used in calculating the size or replacement cost
value formula shall not be cumulative with regard to individual additions or alterations in a
building unless the following circumstance applies:
a.
3.
Where more than one (1) addition or alteration for which building permits are required
are made within a two (2) year period and said additions or alterations are made to the
premises by the same occupant. In such circumstances, the sum of the size or costs of
these additions or alterations during this two (2) year period shall be aggregated for the
purpose of calculating the size or replacement cost value formula; or
The cost of additions and alterations used in calculating the replacement cost value formula
shall be exclusive of the cost to design and install an automatic fire sprinkler extinguishing
system pursuant to this section; building roof repair/replacement; building heating and/or
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cooling unit repair/replacement; and any other federal, state and local construction code
upgrade requirements including but not limited to the seismic retrofit requirements, asbestos,
and other hazardous material abatement.
(Ord. No. 690, § 5, 12-13-2010; Ord. No. 712, § 5, 11-12-2013)
15.03.113 - All sprinklered buildings.
Section R313.3.2.7 is added to read as follows:
When a building is partially retrofitted with an approved automatic sprinkler fire extinguishing
system pursuant to this section, the building fire extinguishing system retrofit shall be completed
throughout the unprotected building interior areas within two (2) years from completing the initial
partial retrofit.
(Ord. No. 690, § 5, 12-13-2010; Ord. No. 712, § 5, 11-12-2013)
15.03.120 - (Reserved)
15.03.130 - Minimum roof classification.
Section 902.1 is amended to read as follows:
All roof assemblies shall be Class A. All roof assemblies and roof coverings shall be tested in
accordance with ASTM E 108 or UL 790. In addition, fire-retardant-treated wood roof coverings
shall be tested in accordance with ASTM D 2898. The minimum roof coverings installed on
buildings shall comply with the Table 902.1 as amended.
(Ord. No. 690, § 5, 12-13-2010; Ord. No. 712, § 5, 11-12-2013)
15.03.140 - Roof covering within all other areas.
Section 902.1.3 is amended to read as follows:
Roof covering within all other areas shall be Class A. The entire roof covering of every existing
structure where more than 50 percent of the total roof area is replaced within any one-year
period, the entire roof covering of every new structure, and any roof covering applied in the
alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant
roof covering that is at least Class A.
(Ord. No. 690, § 5, 12-13-2010; Ord. No. 712, § 5, 11-12-2013)
15.03.150 - Roof drainage.
Section 902.1.4.2 is added to read as follows:
In all zones, water from the roof of any building and from any paved area which would flow by
gravity over a public right of way shall be carried by means of conductors under the parking strip
and through the curb to the gutter, or other approved location.
(Ord. No. 690, § 5, 12-13-2010; Ord. No. 712, § 5, 11-12-2013)
15.03.160 - Roof and surface drainage.
Section 902.1.4.3 is added to read as follows:
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No storm water from any roof, impervious surfaces, point discharge or from any paved or
developed area shall be allowed to drain to adjacent properties nor shall this water be connected
to the city's sanitary sewer system. Regardless of the slope of the source property, such water shall
drain to either artificial or natural storm drainage facilities by gravity or pumping.
(Ord. No. 690, § 5, 12-13-2010; Ord. No. 712, § 5, 11-12-2013)
15.03.170 - (Reserved)
15.03.180 - (Reserved)
15.03.190 - Site maintenance 105.10.
Section 105.10 Site Maintenance is added to read as follows:
All persons to whom permits are issued pursuant to any provision of this code shall, as a
condition to the continuing validity of the permit, maintain the subject building site with proper
parking, sanitary facilities, material storage, dust and erosion controls on the property site,
including, without limitation, all structures thereon, free of all open trenches, tripping hazards,
broken ware, empty cans, rubbish, garbage, metal pieces or parts, and all other refuse (collectively
"debris"). The presence of debris is contrary to the purposes and intent of this code and is hereby
deemed to pose a threat to the health, property, and public welfare of the inhabitants of the town
of Hillsborough. Violations of the duty to maintain building sites as described herein shall be
punishable in the same manner as any other violation of this code.
(Ord. No. 690, § 5, 12-13-2010; Ord. No. 712, § 5, 11-12-2013)
15.03.200—15.03.220 - (Reserved)
15.03.230 - California Office of Emergency Services (OES) Placards.
The placards provided by the California Office of Emergency Services (OES). The placards are to be
used during a "Post Disaster Safety Assessment" performed by the city building staff in the aftermath
of any disaster. The post disaster assessment placards carry the weight of law per the direction of the
California Office of Emergency Services
(Ord. No. 690, § 5, 12-13-2010; Ord. No. 712, § 5, 11-12-2013)
15.03.240 - Amendment procedure.
When, in the judgment of the building department, it is reasonably necessary to amend the
provisions of the California Residential Code due to local climatic, geological, topographical or
environmental conditions, the building official shall prepare and submit the proposed amendments to
the city council for consideration at the next regularly scheduled city council meeting. Before adopting
any changes or modifications in the requirements contained in the provisions published in the
California Residential Code, or in any other regulations adopted hereunder, the city council shall make
an express finding that such modifications or changes are reasonably necessary because of local
climatic, geological, topographical or environmental conditions. Such finding shall be made available as
a public record. Upon approval by the city council and filing of the city council's findings with the State
Department of Housing and Community Development, such amendments shall be added to and
become a part of the provisions of this chapter.
(Ord. No. 690, § 5, 12-13-2010; Ord. No. 712, § 5, 11-12-2013)
15.03.250 - Promulgation of updated editions of the California Residential Code.
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As successive editions of the California Residential Code are promulgated and incorporated by
reference in the California Building Standards Code, the building department, under the guidance and
direction of the building official, shall review the provisions of the new code in order to determine
whether they are consistent with the provisions of the California Residential Code then enforce as
modified by the provisions of this chapter. The building official shall submit a list of recommendation
with respect to such changes (if any) to the city council. Upon review and adoption by the city council,
according to the procedure set out in Section 15.03.240 (), such revised version of the California
Residential Code, together with all amendments thereto which are recommended by the building
official and/or required by the provisions of this chapter, shall govern all buildings and construction
within town limits.
(Ord. No. 690, § 5, 12-13-2010; Ord. No. 712, § 5, 11-12-2013)
Chapter 15.04 - BUILDING CODE
Sections:
15.04.010 - Purpose.
The purpose of this chapter is to regulate the construction, alteration, and repair of structures;
including materials and design, and to provide for inspections, issuance of permits, collection of fees,
imposing of penalties or violations, and adopting uniform rules, regulations and standards in respect
thereto.
(Ord. No. 690, § 6, 12-13-2010; Ord. No. 712, § 6, 11-12-2013)
15.04.020 - Adoption of California Building Code, California Administrative Code Title 24, Part 2,
Volumes 1 and 2.
The rules, regulations and requirements published by the International Code Council (ICC) under
the title "2012 International Building Code Volume" and adopted as the "2013 California Building Code
Volumes 1 and 2" including Appendix Chapter G and Appendix Chapter J and the State of California
amendments thereto, are hereby adopted as and for the rules, regulations, and standards for the town
of Hillsborough as to all matters contained therein except as herein otherwise provided.
A.
One copy of the 2013 California Building Code Volumes 1 and 2 shall at all times be kept on
file in the town Hall in the building official's office. It shall be accompanied by one copy of
Hillsborough Municipal Code Chapter 15.04 () (as well as any additional subsequent
amendments) to show the amendments to the 2013 California Building Code Volumes 1 and 2.
B.
In the event of any conflict or inconsistency between the provisions of the Hillsborough
Municipal Code and the 2013 California Building Code Volumes 1 and 2, when applied to any
particular case, that requirement which establishes the higher degree of safety shall be
complied with unless otherwise stated in the Hillsborough Municipal Code.
C.
No provision of the 2013 California Building Code Volumes 1 and 2, or as amended hereby,
shall be deemed to supersede any other provision of the Hillsborough Municipal Code.
(Ord. No. 690, § 6, 12-13-2010; Ord. No. 712, § 6, 11-12-2013)
15.04.030 - Amendment of Building Code.
The 2013 California Building Code Volumes 1 and 2 as adopted by this chapter is hereby amended,
in its application to the town as set forth in Sections 15.04.040 () through 15.04.230 ().
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(Ord. No. 690, § 6, 12-13-2010; Ord. No. 712, § 6, 11-12-2013)
15.04.040 - (Reserved)
15.04.050 - (Reserved)
15.04.060 - Work exempt from permit.
Section 105.2. Exemptions from permit requirements of this code shall not be deemed to grant
authorization for any work to be done in any manner in violation of the provisions of this code or any
other laws or ordinances of this jurisdiction.
(Ord. No. 690, § 6, 12-13-2010; Ord. No. 712, § 6, 11-12-2013)
15.04.070 - Schedule of permit fees section.
Section 108.2 Permit Fees.
A.
A fee shall be set forth in the town of Hillsborough's master fee schedule, plus any additional
fees which may be established or mandated by state or federal law or city ordinance.
B.
The value to be used in computing the building permit fee, the plan review fee and other fees
shall be the total value of all construction work for which the permit is issued as well as all
finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire
extinguishing systems, etc., and any other permanent construction or equipment.
C.
A fee for each permit shall be paid as required, in accordance with the master fee schedule,
including subsection C.1. and C.2. of this section
1.
Whenever a permit fee is required by this Chapter to be paid prior to starting work and
such work is started prior to obtaining a permit, the scheduled fee shall be the applicable
permit fee as set forth in Table No. 1-A found in the master fee schedule, plus an
additional amount of up to ten times the applicable permit fee. The exact amount shall be
set by the building official in the amount that will, in his or her good faith estimate,
recover the cost of town staff time expended to deal with the problems caused by the
unpermitted work.
2.
If a stop work order is issued, it may not be lifted until a permit reactivation fee has been
paid in the amount of not less than two hundred fifty dollars up to one thousand dollars,
the exact amount to be set by the building official in the amount that will, in his or her
good faith estimate, recover the cost of town staff time expended to deal with the
problems involved in the issuance of the stop work order.
3.
A document imaging charge shall be charged upon submission of every application for a
combination, building, electrical, plumbing, mechanical, grading and or encroachment
permit.
(Ord. No. 690, § 6, 12-13-2010; Ord. No. 712, § 6, 11-12-2013)
15.04.080 - Contractor's bond.
Section 15.04.80 is added to read as follows: If a contractor's bond prior to the issuance of any
permit for a new residence or other work to which this section is applicable in the opinion of the
building official, the applicant shall file with the building official a performance, maintenance or
completion bond in the amount of the estimated cost of the work allowed or required under the
provisions of the permit. The purpose and intent of the bond is to insure the completion of all work
including the installation of any required curbs, gutter, street, sewer, and water; the repair of any
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damage to any of the above; and the removal of all debris from streets, gutters, sidewalk areas, and
job site. Upon completion of the permitted work, such bond shall be exonerated, less any charges
against the applicant for any work required to be done or contracted to be done by the town to
complete the work.
(Ord. No. 690, § 6, 12-13-2010; Ord. No. 712, § 6, 11-12-2013)
15.04.090 - Certificate of occupancy.
Section 111 is amended and Section 111.1.1 is added is added to read as follows: No final
inspection by the building official as to all or any portion of a development shall be deemed complete,
and no certificate of occupancy or temporary certificate of occupancy shall be issued unless and until
the installation of the prescribed fire protection facilities and access ways have been completed and
approved by the fire chief.
(Ord. No. 690, § 6, 12-13-2010; Ord. No. 712, § 6, 11-12-2013)
15.04.100 - Fire plan check.
Section 107 is amended and Section 107.2.1.1 is added to read as follows: When required by the
fire code official, plans submitted to the building official for a permit shall be reviewed by the fire code
official to determine compliance with the California Fire Code and the International Fire Code. Upon
review a written report shall be returned to the building official listing deficiencies or compliance with
the Code.
(Ord. No. 690, § 6, 12-13-2010; Ord. No. 712, § 6, 11-12-2013)
15.04.101 - Address number.
Sections 501.2 is deleted and Section 501.2.1 is added to read as follows:
Address Number. New and existing buildings shall have approved address numbers, building
numbers or approved building identification placed in a position that is plainly legible and visible
from the street or road fronting the property. These numbers shall contrast with their background.
Address numbers shall be Arabic numerals or alphabet letters. Said numbers shall be either
internally or externally illuminated in all new construction. Size of numbers shall be as follows:
1.
When the structure is thirty-six (36) to fifty (50) feet from the street or fire apparatus access, a
minimum of one-half-inch (½″) stroke by six inches (6″) high is required.
2.
When the structure is more than fifty (50) feet from the street or fire apparatus access, a
minimum of one-inch (1″) stroke by nine inches (9″) high is required.
(Ord. No. 690, § 6, 12-13-2010; Ord. No. 712, § 6, 11-12-2013)
15.04.102 - Multi-tenant buildings address number.
Section 501.2 is amended and Section 501.1.2.2 is added to read as follows: Multi-Tenant Buildings
Address Number. Numbers or letters shall be designated on all occupancies within a building. Size
shall be one-half inch (½″) stroke by four inches (4″) high and on a contrasting background. Directional
address numbers or letters shall be provided. Said addresses or numbers shall be posted at a height
no greater than 5 feet, 6 inches (5′6″) above the finished floor and shall be either internally or
externally illuminated in all new construction.
(Ord. No. 690, § 6, 12-13-2010; Ord. No. 712, § 6, 11-12-2013)
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15.04.103 - Rear addressing.
Section 501.2 is amended and Section 501.1.2.3 is added to read as follows: When required by the
fire official, approved numbers or addresses shall be placed on all new and existing buildings in such a
position as to be plainly visible and legible from the fire apparatus road at the back of a property or
where rear parking lots or alleys provide and acceptable vehicular access. Number stroke and size shall
comply with 501.2.
(Ord. No. 690, § 6, 12-13-2010; Ord. No. 712, § 6, 11-12-2013)
15.04.110 - Additions and alterations.
[F] Section 903.1 in amended and Section 903.1.2 is added to read as follows: The standard for
determining the size of addition and/or alteration for determining the threshold for fire sprinkler
systems shall be determined by the following:
1.
The square footage of every room being added or altered shall be included in the calculation
of total square footage of addition or alteration.
2.
The entire square footage of an individual room shall be considered added or altered when at
least fifty percent (50%) or greater of the linear length of interior wall sheeting or ceiling within
the room is new, removed, or replaced. Removed or replaced windows, doors, and opening
are excluded from the calculation.
(Ord. No. 690, § 6, 12-13-2010; Ord. No. 712, § 6, 11-12-2013)
15.04.111 - Sprinklered buildings.
[F] Section 903.1 is amended and Section 903.1.3 is added. The following provisions apply to all
sprinklered buildings:
1.
When a non-residential building is partially retrofitted with an approved automatic sprinkler
fire extinguishing system pursuant to this section, the building owner shall complete the fire
extinguishing system retrofit throughout the unprotected building interior areas within six (6)
years of completing the initial partial retrofit or within every tenant space where a building
permit is obtained, whichever is less.
2.
When a residential building is partially retrofitted with an approved automatic sprinkler fire
extinguishing system pursuant to this section, the building fire extinguishing system retrofit
shall be completed throughout the unprotected building interior areas within two (2) years
from completing the initial partial retrofit.
(Ord. No. 690, § 6, 12-13-2010; Ord. No. 712, § 6, 11-12-2013)
15.04.112 - Where required.
[F] Section 903.2 is deleted and replaced as follows: Approved automatic fire sprinkler systems
shall be installed in all new occupiable and/or habitable buildings and structures. In addition, approved
automatic fire sprinkler systems shall be provided in locations described in Sections 903.2.1 through
903.2.12.
(Ord. No. 690, § 6, 12-13-2010; Ord. No. 712, § 6, 11-12-2013)
15.04.113 - Existing building and structures.
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[F] Section 903.2.1 is added to read as follows: All existing buildings and structures shall be
retroactively protected by an approved automatic extinguishing system when the following conditions
exist:
A.
Non-residential buildings with a total building floor area in excess of 2,000 square feet or
more than two stories in height, and when additions or alterations for which a building permit
is required will exceed 1,500 square feet in area.
B.
Residential one- and two-family dwellings and structures with a total building floor area in
excess of 2,000 square feet or more than two stories in height, and when additions or
alterations for which a building permit is required will exceed 1,500 square feet in area.
Exceptions:
C.
1.
Additions or alterations of non-residential and multi-family residential buildings that do
not exceed 20% of the completed building's total replacement cost calculation. The
replacement cost calculations for the additions/alterations and the completed building
shall be calculated utilizing the latest Building Valuation Data (BVD) published by the
International Code Council.
2.
Additions or alterations to residential one- and two-family dwellings and structures that
do not exceed 20% of a building over 7,500 square feet.
3.
The cost of additions and alterations used in calculating the replacement cost value
formula shall be exclusive of the cost to design and install an automatic fire sprinkler
extinguishing system pursuant to this section; building roof repair/replacement; building
heating and/or cooling unit repair/replacement; and any other federal, state and local
construction code upgrade requirements including but not limited to the seismic retrofit
requirements, asbestos, and other hazardous material abatement.
Aggregate. The size or cost of additions and alterations used in calculating the size or
replacement cost value formula shall not be cumulative with regard to individual additions or
alterations in a building unless the following circumstance applies:
a)
Where more than one (1) addition or alteration for which building permits are required
are made within a two (2) year period and said additions or alterations are made to the
premises, the sum of the size or costs of these additions or alterations during this two (2)
year period shall be aggregated for the purpose of square footage calculations of Section
15.04.113 ()
(Ord. No. 690, § 6, 12-13-2010; Ord. No. 712, § 6, 11-12-2013)
15.04.114 - Inspector's test.
Section 903.3.1.4 is added to read as follows: Single-family residential fire sprinkler systems within
buildings greater than 3,600 square feet shall be equipped with an inspectors test valve for each
system and located the furthest point away from the sprinkler riser.
(Ord. No. 690, § 6, 12-13-2010; Ord. No. 712, § 6, 11-12-2013)
15.04.115 - Additional residential sprinkler locations.
Section 903.3.1.5 is added to read as follows: The installation of a residential fire sprinkler system
shall conform to the following:
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Sprinklers shall be required throughout carports and garages.
Exception: Detached carports and garages less than 2,000 square feet in area and
separated from residential buildings complying with Section 503.1.2 of the building code and
assuming a property line between all other structures.
2.
Sprinkler coverage shall be provided in the following locations:
a.
Attic access openings
b.
Areas of attics and crawl spaces containing storage, mechanical and/or electrical
equipment.
(Ord. No. 690, § 6, 12-13-2010; Ord. No. 712, § 6, 11-12-2013)
15.04.110 - (Reserved)
15.04.120 - (Reserved)
15.04.130 - Minimum roof classification section.
Section 1505.1 is amended to read as follows: All roof assemblies shall be Class A. All roof
assemblies and roof coverings shall be tested in accordance with ASTM E 108 or UL 790. In addition,
fire-retardant-treated wood roof coverings shall be tested in accordance with ASTM D 2898. The
minimum roof coverings installed on buildings shall comply with the Table 1505.1 as amended.
(Ord. No. 690, § 6, 12-13-2010; Ord. No. 712, § 6, 11-12-2013)
15.04.131 - Roof minimum fire retardant classes.
Table No. 1505.1 is amended to read as follows:
TABLE NO. 1505.1a
MINIMUM ROOF COVERING CLASSIFICATION FOR TYPES OF CONSTRUCTION
Type
IA
IB
IIA
IIB
IIIA
IIIB
IV
VA
VB
Roof Covering
A
A
A
A
A
A
A
A
A
(Ord. No. 690, § 6, 12-13-2010; Ord. No. 712, § 6, 11-12-2013)
15.04.132 - Roof covering within all other areas.
Section 1505.1.3 is amended to read as follows: The entire roof covering of every existing structure
where more than 50 percent of the total roof area is replaced within any one-year period, the entire
roof covering of every new structure, and any roof covering applied in the alteration, repair or
replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at
least Class A.
(Ord. No. 690, § 6, 12-13-2010; Ord. No. 712, § 6, 11-12-2013)
15.04.133 - Roof drainage.
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Section 1503.4 amended and section 1503.4.1 is added to read as follows: In all zones, water from
the roof of any building and from any paved area, which would flow by gravity over a public right of
way, shall be carried by means of conductors under the parking strip and through the curb to the
gutter, or other approved location.
(Ord. No. 690, § 6, 12-13-2010; Ord. No. 712, § 6, 11-12-2013)
15.04.134 - Roof and surface drainage.
Section 1503.4 amended and section 1503.4.2 is added to read as follows: No storm water from
any roof, impervious surfaces, point discharge or from any paved or developed area shall be allowed
to drain to adjacent properties nor shall this water be connected to the city's sanitary sewer system.
Regardless of the slope of the source property, such water shall drain to either artificial or natural
storm drainage facilities by gravity or pumping.
(Ord. No. 690, § 6, 12-13-2010; Ord. No. 712, § 6, 11-12-2013)
15.04.140—15.04.180 - (Reserved)
15.04.190 - Maintenance.
Section 3401.2 is amended and section 3401.2.1 is added to read as follows: All persons to whom
permits are issued pursuant to any provision of this code shall, as a condition to the continuing validity
of the permit, maintain the subject building site with proper parking, sanitary facilities, material
storage, dust and erosion controls on the property site, including, without limitation, all structures
thereon, free of all open trenches, tripping hazards, broken ware, empty cans, rubbish, garbage, metal
pieces or parts, and all other refuse (collectively "debris"). The presence of debris is contrary to the
purposes and intent of this code and is hereby deemed to pose a threat to the health, property, and
public welfare of the inhabitants of the town of Hillsborough. Violations of the duty to maintain
building sites as described herein shall be punishable in the same manner as any other violation of this
code.
(Ord. No. 690, § 6, 12-13-2010; Ord. No. 712, § 6, 11-12-2013)
15.04.200 - (Reserved)
15.04.210 - Additions, alterations or repairs.
Section 3403 Additions, Alterations or Repairs of the California Building Code is amended by
adding one new table and sixteen (16) new Subsections, as follows:
Subsection 3403.5.1 is added to read as follows:
3403.5.1 Repairs. Repairs of structural elements shall comply with this section.
Subsection 3403.5.1.1 is added to read as follows:
3403.5.1.1 Seismic evaluation and design. Seismic evaluation and design of an existing building
and its components shall be based on the following criteria:
Subsection 3403.5.1.1.1 is added to read as follows:
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3403.5.1.1.1 Evaluation and design procedures. The seismic evaluation and design shall be based
on the procedures specified in the building code, ASCE 31 Seismic Evaluation of Existing Buildings (for
evaluation only) or ASCE 41 Seismic Rehabilitation of Existing Buildings. The procedures contained in
Appendix A of the International Existing Building Code shall be permitted to be used as specified in
Section 3403.5.1.1.3.
Subsection 3403.5.1.1.2 is added to read as follows:
3403.5.1.1.2 CBC level seismic forces. When seismic forces are required to meet the building code
level, they shall be one of the following:
1)
100 percent of the values in the building code. The R factor used for analysis in accordance
with Chapter 16 () of the building code shall be the R factor specified for structural systems
classified as "Ordinary" unless it can be demonstrated that the structural system satisfies the
proportioning and detailing requirements for systems classified as "Intermediate" or "Special".
2)
Forces corresponding to BSE-1 and BSE-2 Earthquake Hazard Levels defined in ASCE 41.
Where ASCE 41 is used, the corresponding performance levels shall be those shown in Table
3403.5.1.1.2.
Table 3403.5.1.1.2 is added to read as follows:
TABLE 3403.5.1.1.2
ASCE 41 and ASCE 31 PERFORMANCE
LEVELS
OCCUPANCY CATEGORY
(BASED ON IBC TABLE
1604.5)
PERFORMANCE LEVEL FOR
USE WITH ASCE 31 AND
WITH ASCE 41 BSE-1
EARTHQUAKE HAZARD
LEVEL
PERFORMANCE LEVEL FOR
USE WITH ASCE 41 BSE-2
EARTHQUAKE HAZARD
LEVEL
I
Life Safety (LS)
Collapse Prevention (CP)
II
Life Safety (LS)
Collapse Prevention (CP)
III
Note (a)
Note (a)
IV
Immediate Occupancy (IO)
Life Safety (LS)
a.
Performance Levels for Occupancy Category III shall be taken as halfway between the
performance levels specified for Occupancy Category II and Occupancy Category IV.
Subsection 3403.5.1.1.3 is added to read as follows:
3403.5.1.1.3 Reduced CBC level seismic forces. When seismic forces are permitted to meet
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reduced building code levels, they shall be one of the following:
1)
75 percent of the forces prescribed in the building code. The R factor used for analysis in
accordance with Chapter 16 () of the building code shall be the R factor as specified in Section
3403.5.1.1.2.
2)
In accordance with the applicable chapters in Appendix A of the International Existing Building
Code as specified in Items 2.1 through 2.5 below. Structures or portions of structures that
comply with the requirements of the applicable chapter in Appendix A shall be deemed to
comply with the requirements for reduced building code force levels.
2.1)
The seismic evaluation and design of unreinforced masonry bearing wall buildings in
Occupancy Category I or II are permitted to be based on the procedures specified in
Appendix Chapter A1.
2.2)
Seismic evaluation and design of the wall anchorage system in reinforced concrete and
reinforced masonry wall buildings with flexible diaphragms in Occupancy Category I or II are
permitted to be based on the procedures specified in Appendix Chapter A2.
2.3)
Seismic evaluation and design of cripple walls and sill plate anchorage in residential
buildings of light-frame wood construction in Occupancy Category I or II are permitted to be
based on the procedures specified in Appendix Chapter A3.
2.4)
Seismic evaluation and design of soft, weak, or open-front wall conditions in multiunit
residential buildings of wood construction in Occupancy Category I or II are permitted to be
based on the procedures specified in Appendix Chapter A4.
2.5)
Seismic evaluation and design of concrete buildings and concrete with masonry infill
buildings in all Occupancy Categories are permitted to be based on the procedures specified
in Appendix Chapter A5.
3)
In accordance with ASCE 31 based on the applicable performance level as shown in Table
3403.5.1.1.2.
4)
Those associated with the BSE-1 Earthquake Hazard Level defined in ASCE 41 and the
performance level as shown in Table 3403.5.1.1.2. Where ASCE 41 is used, the design spectral
response acceleration parameters Sxs and Sx1 shall not be taken less than 75 percent of the
respective design spectral response acceleration parameters SDS and SD1 defined by the
International Building Code and its reference standards.
Subsection 3403.5.1.2 is added to read as follows:
3403.5.1.2 Wind Design. Wind design of existing buildings shall be based on the procedures
specified in the building code.
Subsection 3403.5.2 is added to read as follows:
3403.5.2 Repairs to damaged buildings. Repairs to damaged buildings shall comply with this
section.
Subsection 3403.5.2.1 is added to read as follows:
3403.5.2.1 Unsafe conditions. Regardless of the extent of structural damage, unsafe conditions
shall be eliminated.
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Subsection 3403.5.2.2 is added to read as follows:
3403.5.2.2 Substantial structural damage to vertical elements of the lateral-force-resisting system.
A building that has sustained substantial structural damage to the vertical elements of its lateral-forceresisting system shall be evaluated and repaired in accordance with the applicable provisions of
Section 3403.5.2.2.1 through 3403.5.2.2.3.
Subsection 3403.5.2.2.1 is added to read as follows:
3403.5.2.2.1 Evaluation. The building shall be evaluated by a registered design professional and
the evaluation findings shall be submitted to the building official. The evaluation shall establish
whether the damaged building, if repaired to its pre-damage state, would comply with the provisions
of the building code. Wind forces for this evaluation shall be those prescribed in the building code.
Seismic forces for this evaluation are permitted to be the reduced level seismic forces specified in Code
Section 3403.5.1.1.3.
Subsection 3403.5.2.2.2 is added to read as follows:
3403.5.2.2.2 Extent of repair for compliant buildings. If the evaluation establishes compliance of
the pre-damage building in accordance with Section 3403.5.2.2.1, then repairs shall be permitted that
restore the building to its pre-damage state, using materials and strengths that existed prior to the
damage.
Subsection 3403.5.2.2.3 is added to read as follows:
3403.5.2.2.3 Extent of repair for non-compliant buildings. If the evaluation does not establish
compliance of the pre-damage building in accordance with Section 3403.5.2.2.1, then the building shall
be rehabilitated to comply with applicable provisions of the building code for load combinations
including wind or seismic forces. The wind design level for the repair shall be as required by the
building code in effect at the time of original construction unless the damage was caused by wind, in
which case the design level shall be as required by the code in effect at the time of original
construction or as required by the building code, whichever is greater. Seismic forces for this
rehabilitation design shall be those required for the design of the pre-damaged building, but not less
than the reduced level seismic forces specified in Section 3403.5.1.1.3. New structural members and
connections required by this rehabilitation design shall comply with the detailing provisions of the
building code for new buildings of similar structure, purpose, and location.
Subsection 3403.5.2.3 is added to read as follows:
3403.5.2.3 Substantial structural damage to vertical load-carrying components. Vertical loadcarrying components that have sustained substantial structural damage shall be rehabilitated to
comply with the applicable provisions for dead and live loads in the building code. Undamaged vertical
load-carrying components that receive dead or live loads from rehabilitated components shall also be
rehabilitated to carry the design loads of the rehabilitation design. New structural members and
connections required by this rehabilitation design shall comply with the detailing provisions of the
building code for new buildings of similar structure, purpose, and location.
Subsection 3403.5.2.3.1 is added to read as follows:
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3403.5.2.3.1 Lateral force-resisting elements. Regardless of the level of damage to vertical
elements of the lateral force-resisting system, if substantial structural damage to vertical load-carrying
components was caused primarily by wind or seismic effects, then the building shall be evaluated in
accordance with Section 3403.5.2.2.1 and, if non-compliant, rehabilitated in accordance with Section
3403.5.2.2.3.
Subsection 3403.5.2.4 is added to read as follows:
3403.5.2.4 Less than substantial structural damage. For damage less than substantial structural
damage, repairs shall be allowed that restore the building to its pre-damage state, using materials and
strengths that existed prior to the damage. New structural members and connections used for this
repair shall comply with the detailing provisions of the building code for new buildings of similar
structure, purpose, and location.
Subsection 3403.5.3 is added to read as follows:
3403.5.3 Referenced Standards
Standard Reference
Number
Title
Referenced In Code
Section Number
ASCE 31-03
Seismic Evaluation of Existing Buildings
3403.5.1.1.1, TABLE
3403.5.1.1.2,
3403.5.1.1.3
ASCE 41-06
Seismic Rehabilitation of Existing Buildings
3403.5.1.1.1,
3403.5.1.1.2, TABLE
3403.5.1.1.2,
3403.5.1.1.3
(Ord. No. 690, § 6, 12-13-2010; Ord. No. 712, § 6, 11-12-2013)
15.04.220 - (Reserved)
15.04.230 - California Office of Emergency Services (OES) Placards.
The following section is added per the direct of the California Office of Emergency Services. These
placards are to be used during a "Post Disaster Safety Assessment" performed by the city building staff
in the aftermath of any disaster. The post disaster assessment placards carry the weight of law per the
direction of the California Office of Emergency Services
(Ord. No. 690, § 6, 12-13-2010; Ord. No. 712, § 6, 11-12-2013)
15.04.240 - Amendment procedure.
When, in the judgment of the building department, it is reasonably necessary to amend the
provisions of the California Building Code due to local climatic, geological, topographical, or
environmental conditions, the building official shall prepare and submit the proposed amendments to
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the city council for consideration at the next regularly scheduled city council meeting. Before adopting
any changes or modifications in the requirements contained in the provisions published in the
California Building Code, or in any other regulations adopted hereunder, the city council shall make an
express finding that such modifications or changes are reasonably necessary because of local climatic,
geological, topographical, or environmental conditions. Such finding shall be made available as a public
record. Upon approval by the city council and filing of the city Council's findings with the State
Department of Housing and Community Development, such amendments shall be added to and
become a part of the provisions of this chapter.
(Ord. No. 690, § 6, 12-13-2010; Ord. No. 712, § 6, 11-12-2013)
15.04.250 - Promulgation of updated editions of the California Building Code.
As successive editions of the California Building Code are promulgated and incorporated by
reference in the California Building Standards Code, the building department, under the guidance and
direction of the building official, shall review the provisions of the new code in order to determine
whether they are consistent with the provisions of the California Building Code then enforce as
modified by the provisions of this chapter. The building official shall submit a list of recommendation
with respect to such changes (if any) to the city council. Upon review and adoption by the city council,
according to the procedure set out in Section 15.04.240 (), such revised version of the California
Building Code, together with all amendments thereto which are recommended by the building official
and/or required by the provisions of this chapter, shall govern all buildings and construction within
town limits.
(Ord. No. 690, § 6, 12-13-2010; Ord. No. 712, § 6, 11-12-2013)
Chapter 15.05 - UNIFORM HOUSING CODE AND UNIFORM CODE FOR THE ABATEMENT OF
DANGEROUS BUILDINGS*
Sections:
15.05.010 - Purpose.
The purpose of this chapter is to provide for the administration and enforcement of the technical
codes adopted by this jurisdiction, to provide minimum standards to safeguard life, limb, health,
property, and public welfare by regulating and controlling the use, occupancy, location, and
maintenance of all residential buildings and structures within this jurisdiction and to provide a just,
equitable, and practicable method, to be cumulative with and in addition to any other remedy provided
by the other parts of the Hillsborough Municipal Code or otherwise available by law, whereby buildings
or structures (which from any cause endanger the life, limb, health, morals, property, safety, or welfare
of their occupants or the general public) may be required to be repaired, vacated, or demolished, and
to provide for the imposition of penalties for violations and to adopt uniform rules, regulations, and
standards in respect thereto.
(Ord. 650 § 2 (part), 2003)
15.05.020 - Adoption.
A.
The rules, regulations, and standards printed in the Uniform Housing Code, 1997 Edition, and the
Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, are hereby adopted as the
rules, regulations, and standards for the town of Hillsborough, as to matters contained therein,
except as herein otherwise provided.
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B.
Three copies of the Uniform Housing Code and the Uniform Code for the Abatement of Dangerous
Buildings, 1997 Editions, shall at all times be kept on file in the town hall, with one copy each in the
offices of the city clerk, city engineer, and chief building official. The copies shall be accompanied
by copies of Section 15.05.040 () through 15.05.050 () (as well as any additional, subsequent
amendments) to show the Hillsborough amendments to the Uniform Housing Code and the
Uniform Code for the Abatement of Dangerous Buildings.
C.
In the event of any conflict or inconsistency between the provisions of the Hillsborough Municipal
Code and the Uniform Housing Code or the Uniform Code for the Abatement of Dangerous
Buildings, when applied to any particular case, that requirement which establishes the higher
degree of safety shall be complied with unless otherwise specifically stated in the Hillsborough
Municipal Code.
D.
No provisions of the Uniform Housing Code or the Uniform Code for the Abatement of Dangerous
Buildings, as amended hereby, shall be deemed to supersede any other provision of the
Hillsborough Municipal Code.
(Ord. 650 § 2 (part), 2003)
15.05.030 - Amendment of the Uniform Housing Code and the Uniform Code for the Abatement
of Dangerous Buildings—Generally.
The Uniform Housing Code and the Uniform Code for the Abatement of Dangerous Buildings as
adopted by this chapter are hereby amended in their application to the town of Hillsborough as set
forth in Hillsborough Municipal Code Sections 15.05.040 () through 15.05.050 ().
(Ord. 650 § 2 (part), 2003)
Article I. - Uniform Housing Code
15.05.040 - Chapter 2, Section 203—Designating housing advisory and appeals board.
The city council is hereby designated as the housing advisory and appeals board referred to in
Chapter 2 (), Section 203 of the Uniform Housing Code.
(Ord. 650 § 2 (part), 2003)
Article II. - Uniform Code for the Abatement of Dangerous Buildings
15.05.050 - Chapter 2, Section 205—Designating board of appeals.
The city council is hereby designated as the board of appeals referred to in Chapter 2 (), Section
205 of the Uniform Code for the Abatement of Dangerous Buildings.
(Ord. 650 § 2 (part), 2003)
Article III. - Amendments
15.05.060 - Amendment procedure.
When, in the judgment of the town of Hillsborough Building Department, it is reasonably
necessary to amend the provisions of the Uniform Housing Code or the Uniform Code for the
Abatement of Dangerous Buildings due to local climatic, geological, or topographical conditions, the
chief building official shall prepare and submit the proposed amendment(s) to the city council for
consideration at the next regularly scheduled council meeting. Before adopting any changes or
modification in the requirements contained in the provisions published in the aforementioned codes
or in any other regulations adopted hereunder, the city council shall make an express finding that such
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modifications or changes are reasonably necessary because of local climatic, geological, or
topographical conditions. Each such finding shall indicate which change or modification the finding
applies to. Such finding(s) shall be made available as a public record. Upon approval by the city council
and filing of the council's findings with the State Department of Housing and Community Development,
such amendments shall be added to and become a part of the provisions of this chapter.
(Ord. 650 § 2 (part), 2003)
15.05.070 - Promulgation of updated editions of the Uniform Housing Code and/or the Uniform
Code for the Abatement of Dangerous Buildings.
As successive editions of the Uniform Housing and/or Uniform Code for the Abatement of
Dangerous Buildings are promulgated, the town of Hillsborough Building Department, under the
guidance and direction of the chief building official, shall review the provisions of the new version(s) of
such code(s) in order to determine whether they are consistent with the provisions of the Uniform
Housing Code and the Uniform Code for the Abatement of Dangerous Buildings then in force, as
modified by the provisions of this chapter. The chief building official shall submit a list of
recommendations with respect to such changes (if any) to the city council. Upon review and adoption
by the city council, according to the procedure set out in Section 15.05.060 () above, such revised
version(s) of the Uniform Housing Code and/or the Uniform Code for the Abatement of Dangerous
Buildings, together with all amendments thereto which are required by the provisions of this chapter,
shall govern all buildings and construction within the limits of the town of Hillsborough.
(Ord. 650 § 2 (part), 2003)
Chapter 15.06 - HISTORICAL BUILDING CODE
Sections:
15.06.010 - Purpose.
The purpose of the California Historical Building Code is to provide regulations for the
preservation, restoration, rehabilitation, relocation, or reconstruction of buildings or properties
designated as qualified historical buildings or properties. The California Historical Building Code is
intended to provide solutions for the preservation of qualified historical buildings or properties, to
promote sustainability, to provide access for persons with disabilities, to provide a cost-effective
approach to preservation, and to provide for the reasonable safety of the occupants or users. The
California Historical Building Code requires enforcing agencies to accept solutions that are reasonably
equivalent to the regular code (as defined in Title 24 Part 8) when dealing with qualified historical
buildings or properties. The intent of the California Historical Building Code is to facilitate the
preservation and continuing use of qualified historical buildings or properties while providing
reasonable safety for the building occupants and access for persons with disabilities.
(Ord. No. 690, § 7, 12-13-2010; Ord. No. 712, § 7, 11-12-2013)
15.06.020 - Adoption.
A.
The rules, regulations, and standards printed in the California Historical Building Code, as
incorporated by reference in the California Building Standards Code are hereby adopted as the
rules, regulations, and standards for the town of Hillsborough as to all matters contained therein,
except as otherwise provided herein.
B.
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One copy of the California Historical Building Code shall at all times be kept on file at the town of
Hillsborough Building Department. The copy shall be accompanied by copies of Hillsborough
Municipal Code Chapter 15.06 () (as well as any additional, subsequent amendments) to show the
town of Hillsborough amendments to the California Historical Building Code.
C.
In the event there is any conflict or inconsistency between the provisions of the Hillsborough
Municipal Code and the California Historical Building Code when applied to any particular case,
that requirement which establishes the higher degree of safety shall be complied with unless
otherwise specifically stated in the Hillsborough Municipal Code.
D.
No provision of the California Historical Building Code, as amended hereby, shall be deemed to
supersede any other provision of the Hillsborough Municipal Code.
(Ord. No. 690, § 7, 12-13-2010; Ord. No. 712, § 7, 11-12-2013)
15.06.030 - Amendment of California Historical Building Code.
None.
(Ord. No. 690, § 7, 12-13-2010; Ord. No. 712, § 7, 11-12-2013)
15.06.040—15.06.080 - (Reserved)
15.06.090 - Amendment procedure.
When, in the judgment of the building department, it is reasonably necessary to amend the
provisions of the California Historical Building Code due to local climatic, geological, topographical, or
environmental conditions, the building official shall prepare and submit the proposed amendments to
the city council for consideration at the next regularly scheduled city council meeting. Before adopting
any changes or modifications in the requirements contained in the provisions published in the
California Historical Building Code, or in any other regulations adopted hereunder, the city council shall
make an express finding that such modifications or changes are reasonably necessary because of local
climatic, geological, topographical, or environmental conditions. Such finding shall be made available
as a public record. Upon approval by the city council and filing of the city council's findings with the
State Department of Housing and Community Development, such amendments shall be added to and
become a part of the provisions of this chapter.
(Ord. No. 690, § 7, 12-13-2010; Ord. No. 712, § 7, 11-12-2013)
15.06.100 - Promulgation of updated editions of the California Historical Building Code.
As successive editions of the California Historical Building Code are promulgated and incorporated
by reference in the California Building Standards Code, the Building Department, under the guidance
and direction of the building official, shall review the provisions of the new code in order to determine
whether they are consistent with the provisions of the California Historical Building Code then in force
as modified by the provisions of this chapter. The building official shall submit a list of
recommendations with respect to such changes (if any) to the city council. Upon review and adoption
by the city council, according to the procedure set above, such revised version of the California
Historical Building Code, together with all amendments thereto which are recommended by the
building official and/or required by the provisions of this chapter, shall govern all buildings and
construction within town limits.
(Ord. No. 690, § 7, 12-13-2010; Ord. No. 712, § 7, 11-12-2013)
Chapter 15.07 - EXISTING BUILDING CODE
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Sections:
15.07.010 - Purpose.
The purpose of this chapter is to promote public safety and welfare by reducing the risk of death
or injury that may result from the effects of earthquakes on existing unreinforced masonry bearing
wall buildings. The provisions of this chapter (as defined in Title 24 Part 8) are intended as minimum
standards for structural seismic resistance, and are established primarily to reduce the risk of life loss
or injury. Compliance with these provisions will not necessarily prevent loss of life or jury, or prevent
earthquake damage to rehabilitated buildings.
(Ord. No. 690, § 8, 12-13-2010; Ord. No. 712, § 8, 11-12-2013)
15.07.020 - Adoption.
A.
The rules, regulations, and standards printed in the Existing Building Code, as incorporated by
reference in the California Building Standards Code, are hereby adopted as the rules, regulations,
and standards for the town of Hillsborough as to all matters contained therein, except as
otherwise provided herein.
B.
One copy of the Existing Building Code shall at all times be kept on file at the town of Hillsborough
Building Department. The copy shall be accompanied by copies of Hillsborough Municipal Code
Chapter 15.07 () (as well as any additional, subsequent amendments) to show the town of
Hillsborough amendments to the Existing Building Code.
C.
In the event there is any conflict or inconsistency between the provisions of the Hillsborough
Municipal Code and the Existing Building Code when applied to any particular case, that
requirement which establishes the higher degree of safety shall be complied with unless otherwise
specifically stated in the Hillsborough Municipal Code.
D.
No provision of the Existing Building Code, as amended hereby, shall be deemed to supersede any
other provision of the Hillsborough Municipal Code.
(Ord. No. 690, § 8, 12-13-2010; Ord. No. 712, § 8, 11-12-2013)
15.07.030 - Amendment of California Existing Building Code.
None.
(Ord. No. 690, § 8, 12-13-2010; Ord. No. 712, § 8, 11-12-2013)
15.07.040—15.07.080 - (Reserved)
15.07.090 - Amendment procedure.
When, in the judgment of the Building Department, it is reasonably necessary to amend the
provisions of the Existing Building Code due to local climatic, geological, topographical, or
environmental conditions, the building official shall prepare and submit the proposed amendments to
the city council for consideration at the next regularly scheduled city council meeting. Before adopting
any changes or modifications in the requirements contained in the provisions published in the Existing
Building Code, or in any other regulations adopted hereunder, the city council shall make an express
finding that such modifications or changes are reasonably necessary because of local climatic,
geological, topographical, or environmental conditions. Such finding shall be made available as a public
record. Upon approval by the city council and filing of the city council's findings with the State
Department of Housing and Community Development, such amendments shall be added to and
become a part of the provisions of this chapter.
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(Ord. No. 690, § 8, 12-13-2010; Ord. No. 712, § 8, 11-12-2013)
15.07.100 - Promulgation of updated editions of the Existing Building Code.
As successive editions of the Existing Building Code are promulgated and incorporated by
reference in the California Building Standards Code, the city building department, under the guidance
and direction of the building official, shall review the provisions of the new code in order to determine
whether they are consistent with the provisions of the Existing Building Code then in force as modified
by the provisions of this chapter. The building official shall submit a list of recommendations with
respect to such changes (if any) to the city council. Upon review and adoption by the city council,
according to the procedure set above, such revised version of the Existing Building Code, together with
all amendments thereto which are recommended by the building official and/or required by the
provisions of this chapter, shall govern all buildings and construction within town limits.
(Ord. No. 690, § 8, 12-13-2010; Ord. No. 712, § 8, 11-12-2013)
Chapter 15.08 - ELECTRICAL CODE
Sections:
15.08.010 - Purpose.
The purpose of this chapter is to regulate the sale, installation, repair, maintenance, use,
connection, and alteration of all electrical wiring, fixtures, appliances, devices, meters, switches,
motors, generators, transformers, signs, and other equipment of the consumer's facilities, and to
regulate the erection, installation, alteration, addition, repair, relocation, replacement, maintenance, or
use of any solar system, and to provide for inspections, issuance of permits, collection of fees,
imposing of penalties for violations, and to adopt uniform rules, regulations, and standards in respect
thereto.
(Ord. No. 690, § 9, 12-13-2010; Ord. No. 712, § 9, 11-12-2013)
15.08.020 - Adoption.
A.
The rules and regulations and standards printed in the California Electrical Code, Title 24, Part 3
2013 Edition, together with the Administration Code. Provisions thereto as incorporated by
reference in the California Building Standards Code (California Code of Regulations, Title 24), 2013
Edition, (hereinafter referred to as the "Electrical Code" respectively) (including the Appendix
thereto) is hereby adopted as the rules, regulations, and standards for the town of Hillsborough as
to all matters contained therein except as herein provided.
B.
One copy of the Electrical Code shall at all times be kept on file at the town of Hillsborough
building department. The copy shall be accompanied by a copy of Hillsborough Municipal Code
Chapter 15.08 () (as well as any additional subsequent amendments) to show the Hillsborough
amendments to the 2013 California Electrical Code.
C.
In the event of any conflict or inconsistency between the provisions of the Hillsborough Municipal
Code and the California Electrical Code when applied to any particular case, that requirement
which establishes the higher degree of safety shall be complied with unless otherwise specifically
stated in the Hillsborough Municipal Code.
D.
No provisions of the Electrical Code as amended hereby, shall be deemed to supersede any other
provision of the Hillsborough Municipal Code.
(Ord. No. 690, § 9, 12-13-2010; Ord. No. 712, § 9, 11-12-2013)
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15.08.030 - Amendment of California Electrical Code.
The Electrical Code as adopted by this chapter is hereby amended, in its application to the town as
set forth in Sections 15.08.050 () through 15.08.130.
(Ord. No. 690, § 9, 12-13-2010; Ord. No. 712, § 9 11-12-2013)
15.08.040 - (Reserved)
15.08.050 - (Reserved)
15.08.060 - Schedule of permit and penalty fees.
A.
The fee schedule for a permit shall be as established by resolution or ordinance adopted by the
city council, plus any additional fees which may be established or mandated by state or federal law
or city ordinance The applicable permit fees shall be as established in the master fee schedule.
B.
The value to be used in computing the electrical permit fee, the plan review fee and other fees
shall be the total value of all construction work for which the permit is issued as well as all finish
work, electrical, and any other permanent construction or equipment.
C.
A fee for each permit shall be paid as required, in accordance with the Hillsborough master fee
schedule, including subparagraphs 1., 2., and 3. The fee schedule is located in the town of
Hillsborough's Master Fee Schedule
1.
Whenever a permit fee is required by this ordinance to be paid prior to starting work and such
work is started prior to obtaining a permit, the scheduled fee shall be the applicable permit
fee as set forth in Table No. 1-A found in the master fee schedule, plus an additional amount
of up to ten times the applicable permit fee. The exact amount shall be set by the building
official in the amount that will, in his or her good faith estimate, recover the cost of town staff
time expended to deal with the problems caused by the unpermitted work.
2.
If a stop work order is issued, it may not be lifted until a permit reactivation fee has been paid
in an amount not less than two hundred fifty dollars up to one thousand dollars, the exact
amount to be set by the building official in the amount that will, in his or her good faith
estimate, recover the cost of town staff time expended to deal with the problems involved in
the issuance of the stop work order.
3.
A document imaging charge may be charged upon submission of every application for an
electrical permit. The applicable fee shall be found in the master fee schedule.
(Ord. No. 690, § 9, 12-13-2010; Ord. No. 712, § 9, 11-12-2013)
15.08.070—15.08.140 - (Reserved)
15.08.150 - Amendment procedure.
When, in the judgment of the Building Department, it is reasonably necessary to amend the
provisions of the California Electrical Code due to local climatic, geological, topographical, or
environmental conditions, the building official shall prepare and submit the proposed amendments to
the city council for consideration at the next regularly scheduled city council meeting. Before adopting
any changes or modification in the requirements contained in the provisions published in the
California Electrical Code, or in any other regulations adopted hereunder, the city council shall make an
express finding that such modifications or changes are reasonably necessary because of local climatic,
geological, topographical, or environmental conditions. Such finding shall be made available as a public
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record. Upon approval by the city council and filing of the city Council's findings with the State
Department of Housing and Community Development, such amendments shall be added to and
become a part of the provisions of this chapter.
(Ord. No. 690, § 9, 12-13-2010; Ord. No. 712, § 9, 11-12-2013)
15.08.160 - Promulgation of updated editions of the California Electrical Code.
As successive editions of the California Electrical Code are promulgated and incorporated by
reference in the California Building Standards Code, the Building Department, under the guidance and
direction of the building official, shall review the provisions of the new version(s) of such code(s) in
order to determine whether they are consistent with the provisions of the California Electrical Code
then in force, as modified by the provisions of this chapter. The building official shall submit a list of
recommendations with respect to such changes (if any) to the city council. Upon review and adoption
by the city council, according to the procedure set out at Section 15.08.150 () above, such revised
version of the California Electrical Code, together with all amendments thereto which are
recommended by the building official and/or required by the provisions of this chapter, shall govern all
buildings and construction within town limits.
(Ord. No. 690, § 9, 12-13-2010; Ord. No. 712, § 9, 11-12-2013)
Chapter 15.10 - ENERGY CODE
Sections:
15.10.010 - Purpose.
The purpose of this chapter is to regulate the installation of mandatory features and devices in
residential buildings, including installation of said features and devices especially in those portions of
the ceiling, walls and floors separating the conditioned spaces from the unconditioned spaces, and to
regulate the alteration, repair, and maintenance of heating, cooling, and air conditioning appliances
and related piping, venting, duct-work, and safety devices, including design and materials, and to
provide for inspections, issuance of permits, collection of fees, and imposition of penalties for
violations, and to adopt uniform rules, regulations, and standards in respect thereto.
(Ord. No. 690, § 10, 12-13-2010; Ord. No. 712, § 10, 11-12-2013)
15.10.020 - Adoption.
A.
The rules, regulations, and standards printed in the California Energy Code, 2013 Edition, as
incorporated by reference in the California Building Standards Code (California Code of
Regulations, Title 24 part 6), 2013 Edition, (hereinafter referred to as the "Energy Code") (including
the Appendix thereto) are hereby adopted as the rules, regulations, and standards for the town of
Hillsborough as to all matters contained therein, except as otherwise provided herein.
B.
One copy of the Energy Code shall at all times be kept on file at the town of Hillsborough Building
Department. The copy shall be accompanied by copies of Hillsborough Municipal Code Chapter
15.10 () (as well as any additional, subsequent amendments) to show the town of Hillsborough
amendments to the Energy Code.
C.
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In the event there is any conflict or inconsistency between the provisions of the Hillsborough
Municipal Code and the Energy Code when applied to any particular case, that requirement which
establishes the higher degree of safety shall be complied with unless otherwise specifically stated
in the Hillsborough Municipal Code.
D.
No provision of the California Energy Code, as amended hereby, shall be deemed to supersede
any other provision of the Hillsborough Municipal Code.
(Ord. No. 690, § 10, 12-13-2010; Ord. No. 712, § 10, 11-12-2013)
15.10.030 - Amendment of California Energy Code—Generally.
The Energy Code, as adopted by this chapter, is hereby amended in its application to the town of
Hillsborough as set forth in Section 15.10.050.
(Ord. No. 690, § 10, 12-13-2010; Ord. No. 712, § 10, 11-12-2013)
15.10.040 - Amended—Schedule of permit and penalty fees.
A.
The fee schedule for a permit shall be as established by resolution or ordinance adopted by the
city council, plus any additional fees which may be established or mandated by state or federal law
or city ordinance The applicable permit fees will be kept in master fee schedule.
B.
The value to be used in computing the electrical permit fee, the plan review fee and other fees
shall be the total value of all construction work for which the permit is issued as well as all finish
work, electrical, and any other permanent construction or equipment.
C.
A fee for each permit shall be paid as required, in accordance with schedule 2-E, including
subparagraphs 1., 2., and 3. The fee schedule is located in the Town of Hillsborough's Master Fee
Schedule.
1.
Whenever a permit fee is required by this ordinance to be paid prior to starting work and such
work is started prior to obtaining a permit, the scheduled fee shall be the applicable permit
fee as set forth in Table No. 1-A found in the master fee schedule, plus an additional amount
of up to ten times the applicable permit fee. The exact amount shall be set by the building
official in the amount that will, in his or her good faith estimate, recover the cost of town staff
time expended to deal with the problems caused by the unpermitted work.
2.
If a stop work order is issued, it may not be lifted until a permit reactivation fee has been paid
in an amount not less than two hundred fifty dollars up to one thousand dollars, the exact
amount to be set by the building official in the amount that will, in his or her good faith
estimate, recover the cost of town staff time expended to deal with the problems involved in
the issuance of the stop work order.
3.
A document imaging charge may be charged upon submission of every application for an
electrical permit. The applicable fee shall be found in the Master Fee Schedule.
(Ord. No. 690, § 10, 12-13-2010; Ord. No. 712, § 10, 11-12-2013)
15.10.050—15.10.080 - (Reserved)
15.10.090 - Amendment procedure.
When, in the judgment of the Building Department, it is reasonably necessary to amend the
provisions of the Energy Code due to local climatic, geological, topographical, or environmental
conditions, the building official shall prepare and submit the proposed amendments to the city council
for consideration at the next regularly scheduled city council meeting. Before adopting any changes or
modifications in the requirements contained in the provisions published in the Energy Code, or in any
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other regulations adopted hereunder, the city council shall make an express finding that such
modifications or changes are reasonably necessary because of local climatic, geological, topographical,
or environmental conditions. Such finding shall be made available as a public record. Upon approval by
the city council and filing of the city council's findings with the State Department of Housing and
Community Development, such amendments shall be added to and become a part of the provisions of
this chapter.
(Ord. No. 690, § 10, 12-13-2010; Ord. No. 712, § 10, 11-12-2013)
15.10.100 - Promulgation of updated editions of the Energy Code.
As successive editions of the Energy Code are promulgated and incorporated by reference in the
California Building Standards Code, the Building Department, under the guidance and direction of the
building official, shall review the provisions of the new code in order to determine whether they are
consistent with the provisions of the Energy Code then in force as modified by the provisions of this
chapter. The building official shall submit a list of recommendations with respect to such changes (if
any) to the city council. Upon review and adoption by the city council, according to the procedure set
above, such revised version of the Energy Code, together with all amendments thereto which are
recommended by the building official and/or required by the provisions of this chapter, shall govern all
buildings and construction within town limits.
(Ord. No. 690, § 10, 12-13-2010; Ord. No. 712, § 10, 11-12-2013)
Chapter 15.12 - MECHANICAL CODE
Sections:
15.12.010 - Purpose.
The purpose of this chapter is to regulate the installation, repair, and maintenance of heating,
cooling, and air conditioning appliances and related piping, venting, duct-work, and safety devices,
including design and materials, and to provide for inspections, issuance of permits, collection of fees,
imposing of penalties for violations, and adopting uniform rules, regulations, and standards in respect
thereto.
(Ord. No. 690, § 11, 12-13-2010; Ord. No. 712, § 11, 11-12-2013)
15.12.020 - Adoption.
A.
The rules, regulations, and standards printed in the California Mechanical Code, 2013 Edition, as
incorporated by reference in the California Building Standards Code (California Code of
Regulations, Title 24 part 6), 2013 Edition, (hereinafter referred to as the "Mechanical Code")
(including the Appendix thereto) are hereby adopted as the rules, regulations, and standards for
the town of Hillsborough as to all matters contained therein, except as otherwise provided herein.
B.
One copy of the Mechanical Code shall at all times be kept on file at the town of Hillsborough
Building Department. The copy shall be accompanied by copies of Hillsborough Municipal Code
Chapter 15.12 () (as well as any additional, subsequent amendments) to show the town of
Hillsborough amendments to the California Mechanical Code.
C.
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In the event there is any conflict or inconsistency between the provisions of the Hillsborough
Municipal Code and the Mechanical Code when applied to any particular case, that requirement
which establishes the higher degree of safety shall be complied with unless otherwise specifically
stated in the Hillsborough Municipal Code.
D.
No provision of the Mechanical Code, as amended hereby, shall be deemed to supersede any
other provision of the Hillsborough Municipal Code.
(Ord. No. 690, § 11, 12-13-2010; Ord. No. 712, § 11, 11-12-2013)
15.12.030 - Amendment of California Mechanical Code—Generally.
The Mechanical Code, as adopted by this chapter, is hereby amended in its application to the town
of Hillsborough as set forth in Sections 15.12.040 ()—15.12.100.
(Ord. No. 690, § 11, 12-13-2010; Ord. No. 712, § 11, 11-12-2013)
15.12.040 - Amended—Schedule of permit and penalty fees.
A.
The fee schedule for a permit shall be as established by resolution or ordinance adopted by the
city council, plus any additional fees which may be established or mandated by state or federal law
or city ordinance The applicable permit fees will be kept in the Master Fee Schedule.
B.
The value to be used in computing the electrical permit fee, the plan review fee and other fees
shall be the total value of all construction work for which the permit is issued as well as all finish
work, electrical, and any other permanent construction or equipment.
C.
A fee for each permit shall be paid as required, in accordance with the Hillsborough master fee
schedule, including subparagraphs 1., 2., and 3. The fee schedule is located in the town of
Hillsborough's Master Fee Schedule.
1.
Whenever a permit fee is required by this ordinance to be paid prior to starting work and such
work is started prior to obtaining a permit, the scheduled fee shall be the applicable permit
fee as set forth in Table No. 1-A found in the master fee schedule, plus an additional amount
of up to ten times the applicable permit fee. The exact amount to be set by the building official
in the amount that will, in his or her good faith estimate, recover the cost of town staff time
expended to deal with the problems caused by the unpermitted work.
2.
If a stop work order is issued, it may not be lifted until a permit reactivation fee has been paid
in an amount not less than two hundred fifty dollars up to one thousand dollars, the exact
amount to be set by the building official in the amount that will, in his or her good faith
estimate, recover the cost of town staff time expended to deal with the problems involved in
the issuance of the stop work order.
3.
A document imaging charge may be charged upon submission of every application for an
electrical permit. The applicable fee shall be found in the master fee schedule.
(Ord. No. 690, § 11, 12-13-2010; Ord. No. 712, § 11, 11-12-2013)
15.12.050—15.12.080 - (Reserved)
15.12.090 - Amendment procedure.
When, in the judgment of the Building Department, it is reasonably necessary to amend the
provisions of the Mechanical Code due to local climatic, geological, topographical, or environmental
conditions, the building official shall prepare and submit the proposed amendments to the city council
for consideration at the next regularly scheduled city council meeting. Before adopting any changes or
modifications in the requirements contained in the provisions published in the Mechanical Code, or in
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any other regulations adopted hereunder, the city council shall make an express finding that such
modifications or changes are reasonably necessary because of local climatic, geological, topographical,
or environmental conditions Such finding shall be made available as a public record. Upon approval by
the city council and filing of the city council's findings with the State Department of Housing and
Community Development, such amendments shall be added to and become a part of the provisions of
this chapter.
(Ord. No. 690, § 11, 12-13-2010; Ord. No. 712, § 11, 11-12-2013)
15.12.100 - Promulgation of updated editions of the Mechanical Code.
As successive editions of the Mechanical Code are promulgated and incorporated by reference in
the California Building Standards Code, the Building Department, under the guidance and direction of
the building official, shall review the provisions of the new code in order to determine whether they are
consistent with the provisions of the California Mechanical Code then in force as modified by the
provisions of this chapter. The building official shall submit a list of recommendations with respect to
such changes (if any) to the city council. Upon review and adoption by the city council, according to the
procedure set above, such revised version of the Mechanical Code, together with all amendments
thereto which are recommended by the building official and/or required by the provisions of this
chapter, shall govern all buildings and construction within town limits.
(Ord. No. 690, § 11, 12-13-2010; Ord. No. 712, § 11, 11-12-2013)
Chapter 15.16 - PLUMBING CODE
Sections:
15.16.010 - Purpose.
The purpose of this chapter is to regulate the installation, repair, and maintenance of all plumbing
fixtures, appliances, and systems (including, but not limited to, water supply, domestic water piping,
sanitary drains, wastes, vents, and drainage of other concentrations of water or wastes), swimming
pools, spas, and hot tubs, including design and materials, and to provide for inspections, violations,
and adopting uniform rules, regulations, and standards in respect thereto.
(Ord. No. 690, § 12, 12-13-2010; Ord. No. 712, § 12, 11-12-2013)
15.16.020 - Adoption.
A.
The rules, regulations and standards printed in the California Plumbing Code, 2013 Edition
(including the Appendix thereto) as incorporated by reference in the California Building Standards
Code (California Code of Regulations, Title 24 Part 5), 2013 Edition, (hereinafter referred to as the
"Plumbing Code") are hereby adopted as the rules, regulations, and standards for the town of
Hillsborough as to all matters contained therein except as herein otherwise provided.
B.
One copy of the Plumbing Code shall at all times be kept on file at the town of Hillsborough
Building Department. The copy shall be accompanied by copies of Hillsborough Municipal Code
Chapter 15.16 () (as well as any additional subsequent amendments) to show the Hillsborough
amendments to the Plumbing Code.
C.
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In the event of any conflict or inconsistency between the provisions of the Hillsborough Municipal
Code and the Plumbing Code when applied to any particular case, that requirement which
establishes the higher degree of safety shall be complied with unless otherwise specifically stated
in the Hillsborough Municipal Code.
D.
No provision of the Plumbing Code, as amended hereby, shall be deemed to supersede any other
provision of the Hillsborough Municipal Code.
(Ord. No. 690, § 12, 12-13-2010; Ord. No. 712, § 12, 11-12-2013)
15.16.030 - Amendment of Plumbing Code—Generally.
The Plumbing Code adopted by this chapter are hereby amended, in their application to the town
as set forth in Sections 15.16.040 () through 15.16.085 ().
(Ord. No. 690, § 12, 12-13-2010; Ord. No. 712, § 12, 11-12-2013)
15.16.040 - Amended—Schedule of permit and penalty fees.
A.
The fee schedule for a permit shall be as established by resolution or ordinance adopted by the
city council, plus any additional fees which may be established or mandated by state or federal law
or city ordinance The applicable permit fees as set forth in Table No. 2-E. The table will be kept in
the Master Fee Schedule.
B.
The value to be used in computing the electrical permit fee, the plan review fee, and other fees
shall be the total value of all construction work for which the permit is issued as well as all finish
work, electrical, and any other permanent construction or equipment.
C.
A fee for each permit shall be paid as required, in accordance with the Hillsborough master fee
schedule, including subparagraphs 1., 2., and 3. The fee schedule is located in the town of
Hillsborough's Master Fee Schedule.
1.
Whenever a permit fee is required by this ordinance to be paid prior to starting work and such
work is started prior to obtaining a permit, the scheduled fee shall be the applicable permit
fee as set forth in Table No. 1-A found in the master fee schedule, plus an additional amount
of up to ten times the applicable permit fee. The exact amount shall be set by the building
official in the amount that will, in his or her good faith estimate, recover the cost of town staff
time expended to deal with the problems caused by the unpermitted work.
2.
If a stop work order is issued, it may not be lifted until a permit reactivation fee has been paid
in an amount not less than two hundred fifty dollars up to one thousand dollars, the exact
amount to be set by the building official in the amount that will, in his or her good faith
estimate, recover the cost of town staff time expended to deal with the problems involved in
the issuance of the stop work order.
3.
A document imaging charge may be charged upon submission of every application for an
electrical permit. The applicable fee shall be found in the master fee schedule.
(Ord. No. 690, § 12, 12-13-2010; Ord. No. 712, § 12, 11-12-2013)
15.16.050—15.16.070 - (Reserved)
15.16.080 - Chapter 6 amended—Water supply and distribution.
A.
Section 605.0—Valves. Section 605.3 of Section 605.0 is hereby amended by adding the following
language at the end of the second sentence: "The supply piping to a single family residence, and
the buildings accessory thereto, shall have a shut-off valve on the discharge side of the meter
within one foot of the meter box".
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(Ord. No. 690, § 12, 12-13-2010; Ord. No. 712, § 12, 11-12-2013)
15.16.085 - Installation of backwater protection.
A.
Definitions. As used in this chapter:
1.
"Backwater protection" means an IAMPO-approved backwater valve (commonly known as a
backflow device), ejector or pumps system, clean out with pressure relief device, valve, or
combination of two or more of these devices that is approved by the building official and
intended to prevent sewage from back flowing into a structure.
2.
"Draining unit fixture" means a drainage unit fixture listed in the California Plumbing Code.
3.
"Inadequate height differential" means that the flood level rim of a drainage unit fixture on a
property's sanitary sewage drainage system is below or less than twelve inches above the
nearest upstream manhole or flushing inlet cover on the sanitary sewer main serving the
fixture's drainage piping.
4.
"Licensed professional" means a person authorized under California law to render an
applicable certification to the property owner and the town regarding a specific question
under this section.
5.
"Sewage relief valve" means a device permanently installed on a building sewer lateral in such
manner to allow sewage backflow to relieve to grade outside the building.
B.
Backwater protection required prior to receiving a plumbing permit with a date of issue between
January 1, 2005 and December 31, 2006. When an application is submitted for a plumbing permit,
between the dates of January 1, 2005 and December 31, 2006 the applicant must certify the
presence of backwater protection, or request and receive an exemption from the need for
backwater protection because the flood level rim of the lowest drainage fixture units located on
the property are at an elevation that is at least twelve inches or more above the nearest upstream
manhole on the main sewer as determined by a licensed professional or the building official.
C.
Backwater protection installation required by January 1, 2007. Notwithstanding any other
provision of this section, all properties with drainage unit fixtures at an inadequate height
differential shall have backwater protection installed by January 1, 2007.
D.
Ongoing responsibility. Once installed, a property owner shall ensure that backwater protection is
maintained, so as to be fully operable in the sewer lateral(s) serving the property owner's real
property whenever an inadequate height differential exists on the property.
E.
Proof of previous installation. A property owner may file a certification from a licensed
professional demonstrating that backwater protection as approved by the building official has
been installed on the property's sewage drainage system and is fully operable. This certification is
subject to confirmation by the town.
F.
Maintenance. Property owners are solely responsible for ensuring that backwater protection is
properly maintained and functioning at all times. Backwater protection is subject to inspection by
the town at any reasonable time.
(Ord. No. 690, § 12, 12-13-2010; Ord. No. 712, § 12, 11-12-2013)
15.16.090 - (Reserved)
15.16.100 - Amendment procedure.
When, in the judgment of the Building Department, it is reasonably necessary to amend the
provisions of the Plumbing Code due to local climatic, geological, topographical, or environmental
conditions, the building official shall prepare and submit the proposed amendments to the city council
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for consideration at the next regularly scheduled city council meeting. Before adopting any changes or
modifications in the requirements contained in the provisions published in the California Building
Standards Code, or in any other regulations adopted hereunder, the city council shall make an express
finding that such modification or changes are reasonably necessary because of local climatic,
geological, topographical or environmental conditions Such findings shall be made available as a public
record. Upon approval by the city council and filing of the city council's findings with the State
Department of Housing and Community Development, such amendments shall be added to and
become a part of the provisions of this chapter.
(Ord. No. 690, § 12, 12-13-2010; Ord. No. 712, § 12, 11-12-2013)
15.16.110 - Promulgation of updated editions of the Plumbing Code.
As successive editions of the Plumbing Code are promulgated and incorporated by reference in
the California Building Standards Code, the Building Department, under the guidance and direction of
the building official, shall review the provisions of the new version(s) of such code(s) in order to
determine whether they are consistent with the provisions of the Plumbing Code then in force as
modified by the provisions of this chapter. The building official shall submit a list of recommendations
with respect to such changes (if any) to the city council. Upon review and adoption by the city council,
according to the procedure set out at Section 15.16.100 (), such revised version of the California
Plumbing Code with all amendments thereto which are recommended by the building official and/or
required by the provisions of this chapter, shall govern all buildings and construction within town
limits.
(Ord. No. 690, § 12, 12-13-2010; Ord. No. 712, § 12, 11-12-2013)
Chapter 15.18 - RECYCLING OF CONSTRUCTION AND DEMOLITION DEBRIS
Sections:
15.18.010 - Purpose.
The California Integrated Waste Management Act of 1989 (Public Resources Code Sections 40000
through 49620), created by AB 939 (chaptered as 1095) of the 1989 Legislative Session, declares that
"the amount of solid waste generated in the state coupled with diminishing landfill space and potential
adverse environmental impacts from landfilling constitutes an urgent need for state and local agencies
to enact and implement an aggressive new integrated waste management program." (Public Resources
Code Section 40000(d)) under Public Resources Code Section 41780, the town is required to divert fifty
percent of all solid waste on and after January 1, 2000, through source reduction, recycling, and
composting activities. Under Public Resources Code Section 41850, the California Integrated Waste
Management Board may impose administrative civil penalties upon the town of up to ten thousand
dollars per day for failure to make a good faith effort to implement the town's source reduction and
recycling element adopted by the town as mandated by Section 41000 of the Public Resources Code.
The purpose of this chapter is to help the town to meet its fifty percent diversion requirement, as
described in this section.
(Ord. 628 § 1 (part), 2001)
15.18.020 - Waste reduction plan.
A.
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No building or demolition permit shall be issued until the applicant has submitted a waste
reduction plan in the form required by the building official and until the waste reduction plan has
been approved by the building official or his or her designee.
B.
Every person or entity to whom a building or demolition permit has been issued ("permittee") shall
comply with the provisions of the approved waste reduction plan applicable to the permit.
C.
If the permittee subsequently wishes to amend the approved waste reduction plan, the permittee
shall submit the request in writing to the building official. The building official or his or her
designee shall approve or deny the requested amendment, as submitted or as modified by the
building official or his or her designee, as appropriate.
D.
The permittee shall collect and retain (1) weight tickets, (2) an inventory of reused items, (3)
receipts and other records from all recipients of discarded material that demonstrate the reuse,
recycling, and disposal of all material generated by and hauled from the project, and (4) such other
documentation as necessary to establish compliance with the approved waste reduction plan.
E.
Prior to final inspection of the project or as otherwise required by the waste reduction plan, the
permittee shall complete and submit to the building official a diversion summary sheet and the
documentation described in subsection D of this section.
(Ord. 628 § 1 (part), 2001)
15.18.030 - Payment of monitoring costs.
Any person or entity which has previously failed to comply with an approved waste reduction plan
or with the other provisions of the ordinance codified in this chapter may, at the time of submitting any
subsequent waste reduction plan for approval, be required to pay a monitoring fee in the amount set
from time to time by resolution of the city council to cover the costs of monitoring compliance with the
approved waste reduction plan. The decision as to whether the facts warrant the imposition of the
monitoring fee shall be made by the building official.
(Ord. 628 § 1 (part), 2001)
15.18.040 - Penalties.
The requirements of this chapter constitute some of the "other data and information as may be
required by the building official" set forth in item 7 of 106.3.1 of Section 106 permits of the 1997
Uniform Building Code incorporated in this code as set forth in Section 15.04.020 (). Accordingly,
violation of any provision of this chapter, including, but not limited to,
A.
Demolition or construction before having or without having an approved waste reduction
plan;
B.
Failure to comply with the approved waste reduction plan (as amended, if applicable);
C.
Failure to provide all required documentation prior to final inspection or as required by the
waste reduction plan;shall subject the violator to a penalty of up to ten times the permit fee
for the building or demolition permit, as determined by the building official, as set forth in
Sections 15.04.070 () and 15.70.020 ()(A) of this code.
(Ord. 628 § 1 (part), 2001)
Chapter 15.19 - GREEN BUILDING REGULATIONS
Sections:
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15.19.010 - Purpose.
The purpose of this chapter is to enhance the public health and welfare by promoting the
environmental health of the town through the design, construction, maintenance, operation and
deconstruction of buildings and other site development by incorporating Green Building practices into
new and existing residential construction.
(Ord. No. 686, § 1, 4-13-2009)
15.19.020 - Definitions.
The following terms shall have the ascribed definition for the purposes of applying the criteria of
this chapter. When the definition differs from a definition of this Code, the provisions of this section
shall apply.
A.
"Green Building" means a whole systems approach to the design, construction and operation
of buildings that substantially mitigates the environmental impacts. Green Building practices
recognize the relationship between the natural and built environments and seek to minimize
the use of energy, water and other natural resources and provide a healthy indoor
environment.
B.
"Green Point Checklist" means the checklist developed for the purpose of calculating a Green
Building rating that is utilized by the town to determine compliance.
C.
"Green Point Rater" means a Green Building professional who has successfully completed the
Green Point Rater professional training by Build it Green or an equivalent organization
approved by the building official or his/her designee.
D.
"New construction" means the completed construction of a new or replacement single-family
residence.
E.
"Major remodel" means a project that has fifty percent or more of a dwelling's exterior walls,
measured in lineal feet removed. Removal means either that no studs remain or that if some
studs remain, the wall except for the studs has been stripped bare such that one can see
through the wall. Any portion of an exterior wall so described shall be included in the
calculation.
F.
"Responsible party" means the party subject to all the requirements set forth in this section.
The Responsible Party includes the property owner and, if applicable, the general contractor
for the project.
(Ord. No. 686, § 1, 4-13-2009)
15.19.030 - Green Building Standards for Compliance.
The responsible party shall comply with the following standards for compliance:
Standards for Compliance
Project
Type
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Square footage
Documents
Required
Minimum
Point
Requirement
Verification
Documents Required
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G1
New construction >
6,001 sf
Green
Point
Checklist
75 points + 1
point per
every
additional
200 sf (150
points max)
Green Point Summary
Worksheet Provided
by a Green Point
Rater
G2
New construction up
to 6,000 sf
Green
Point
Checklist
75 points
Green Point Summary
Worksheet Provided
by a Green Point
Rater
G3
Major remodel
Green
Point
Checklist
50 points
Green Point Summary
Worksheet Provided
by a Green Point
Rater
G4
Renovations/Additions
> 4,001 sf
Green
Point
Checklist
40 points
Green Point Summary
Worksheet Provided
by a Green Point
Rater
G5
Renovations/Additions
> 2,501 sf—4,000 sf
20 points
Staff verification
G6
Renovations/Additions
< 2,500 sf
20 points
Staff verification
G7
Second Units
20 points
Staff verification
(Ord. No. 686, § 1, 4-13-2009; Ord. No. 715, § 7, 6-9-2014)
15.19.040 - Incentives for compliance.
The number of Green Point Checklist points required shall be reduced by:
A.
Five points for maintaining a minimum of 75 percent of existing walls, floors, and roof of a
structure; and
B.
Five points (in addition to the points for compliance with Section 15.19.040.A) for maintaining
a minimum of 95 percent of existing walls, floors, and roof of a structure.
(Ord. No. 686, § 1, 4-13-2009)
15.19.050 - Design Guidelines.
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Notwithstanding the requirements of this chapter, the responsible party is required to comply with
the Town of Hillsborough's Design Guidelines.
(Ord. No. 686, § 1, 4-13-2009)
15.19.060 - Green Building Regulation.
For G1—G4 projects, no building permit shall be issued for a project regulated by this Code until
the responsible party has submitted a Green Point Checklist in the form required by the building
official or his/her designee and until the Green Point Checklist has been approved by the building
official or his/her designee.
A.
At the time of the permit application submittal, the responsible party shall include the Green
Point Checklist into the plan set and construction documents for review in the form required
by the building official or his/her designee.
B.
The responsible party shall comply with the provisions of the approved Green Point Checklist
applicable to the permit.
C.
If the responsible party subsequently wishes to amend the approved Green Point Checklist,
the responsible party shall submit the request in writing to the building official or his/her
designee. The building official or his/her designee shall approve or deny the requested
amendment, as submitted or as modified by the building official or his/her designee, as
appropriate.
D.
The responsible party shall collect and retain the following:
E.
1.
All receipts and other records from all materials used.
2.
Weight tickets.
3.
An inventory of reused items.
4.
Receipts and other records of discarded material, recycling, and disposal of material
generated by and hauled from the project.
5.
All receipts and other records from all appliances, and applicable equipment and
materials installed.
6.
Such other documentation as necessary to establish compliance with the approved Green
Point Checklist.
Prior to the scheduling of a final building inspection for projects regulated by this chapter, the
building official or his/her designee shall review the documentation submitted by the
applicant, and determine whether the applicant has achieved the required compliance
threshold as set forth in the submitted Green Point Checklist or demonstrated to the building
official's or his/her designee's satisfaction that measures are in place to assure compliance. If
the building official or his/her designee determines that the applicant has met the
requirements for the project, the final building inspection may proceed.
(Ord. No. 686, § 1, 4-13-2009; Ord. No. 715, § 7, 6-9-2014)
15.19.070 - Payment of monitoring fee.
For G1—G4 projects, the responsible party to whom a building permit has been issued shall pay a
monitoring fee as set forth in the Town of Hillsborough's Master Fee Schedule at the time of the permit
issuance. The fee is to cover the costs of monitoring the approved Green Point Checklist for
compliance.
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The monitoring fee may be refunded in full or in part if the responsible party shows proof that he
or she has contracted with a Green Point Rater. The Green Point Rater shall provide evidence of
adequate Green Building compliance or documentation to the building official or his/her designee to
satisfy the requirements of the Green Point Checklist for compliance. This information shall include,
but is not limited to:
A.
Documentation that verifies incorporation of the design and construction related credits
specified in the project approved Green Point Checklist; and
B.
A letter from the Green Point Rater that certifies that the covered project has met the Green
Building Standards for Compliance and has been constructed in accordance with the
approved Green Point Checklist.
The decision as to whether the facts warrant the imposition or refund of the monitoring fee shall
be made by the building official or his/her designee.
(Ord. No. 686, § 1, 4-13-2009; Ord. No. 715, § 7, 6-9-2014)
15.19.080 - Penalties.
Noncompliance is a violation of this chapter and includes the following:
A.
Demolition or construction before having or without having an approved Green Point
Checklist;
B.
Failure to comply with the approved Green Point Checklist (as amended, if applicable); and
C.
Failure to provide all required documentation prior to final inspection or as required by the
Green Point Checklist;
If the building official or his/her designee determines that the responsible party has not complied
with this chapter, then the project shall be determined to be noncompliant, and the responsible party
shall be subject to a penalty of up to ten times the permit fee, as set forth in Sections 15.04.070.C.1 of
this Code.
(Ord. No. 686, § 1, 4-13-2009)
Chapter 15.20 - FIRE CODE
Sections:
FOOTNOTE(S):
--- (2) --Editor's note— Ord. No. 712, § 13, adopted November 12, 2013, amended chapter 15.20 in its entirety
to read as herein set out. Former chapter 15.20, §§ 15.20.010—15.20.180, pertained to similar
provisions. See Code Comparative Table and Disposition List for complete derivation.
15.20.010 - Adoption of text of the California Fire Code and the International Fire Code.
There is adopted by the town for the purpose of prescribing regulations governing conditions
hazardous to life and property from fire or explosion, that certain code which contains building
standards known as the 2013 California Fire Code (International Fire Code, 2012 Edition as amended by
the State of California), and the non-building standards known as the International Fire Code, 2012
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Edition, together with all appendices, except Appendices A, D, and J, and the State of California
amendments thereto, save and except such portions as are in this chapter added, deleted, modified, or
amended.
(Ord. No. 712, § 13, 11-12-2013)
15.20.020 - Amendments to the California Fire Code (CFC) and International Fire Code (IFC).
The California Fire Code and the International Fire Code are amended or modified as follows.
(Ord. No. 712, § 13, 11-12-2013)
15.20.025 - Chapter 1, Sections 105.3.3, IFC and 105.4.1.1, IFC are amended—Occupancy
prohibited before approval and Examination of documents.
Section 105.3.3 is deleted in its entirety and replaced with the following:
Section 105.3.3. No final inspection by the building official as to all or any portion of a
development shall be deemed complete and no certificate of occupancy or temporary certificate of
occupancy shall be issued unless and until the installation of the prescribed fire protection
facilities and access ways have been completed and approved by the fire chief.
Section 105.4.1.1 is deleted in its entirety and replaced with the following:
Section 105.4.1.1. When required by the fire code official, plans submitted to the building
official for a permit shall be reviewed by the fire chief to determine compliance with the California
Fire Code and the International Fire Code. Upon review, a written report shall be returned to the
building official listing deficiencies or compliance with this Code.
(Ord. No. 712, § 13, 11-12-2013)
15.20.030 - Chapter 1, Section 105.8, IFC is added—Fees.
Section 105.8, IFC is added to this code and shall read as follows:
Section 105.8. Fees and Special Requirements
a.
The fees for the permits and other services shall be as established by resolution of the
Hillsborough City Council as amended from time to time. The fee shall be set to cover the cost
of the Fire Department to review and inspect the intended activities, operations or functions.
The fees must be applied to the appropriate agency, Town of Hillsborough or Central County
Fire Department, depending on the type of service.
EXCEPTION: (1) The applicant for a given permit shall be exempt from the payment when
the work to be conducted is for the Town of Hillsborough under written contract to the town
or for events sponsored or co-sponsored by the town.
b.
In the case of multiple permits for an applicant, the permit applicant will be charged the single
highest listed rate of all the permits required. The other permitable items will be charged at a
rate of 50% of the listed fee as long as the permits are for the same address.
c.
Where processes or materials are inherent with a permitable item, subsequent fees may be
waived at the discretion of fire chief.
d.
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All fire permits and fire construction permits shall have a set number of inspections per permit
as set forth by the Hillsborough Fee Schedule. Additional inspections and additional reinspections will be billed at an hourly rate consistent with the Hillsborough Fee Schedule.
e.
Application for "event" type permits (i.e.: Assembly, Pyrotechnic, Tents, etc.) shall be submitted
14 days prior to the event date. Applications submitted within 13 days prior to the event date
shall be charged double the regular permit rate as established by the Hillsborough Fee
Schedule.
f.
"After Hours" inspections shall be invoiced at a rate of one and one-half time the normal
hourly rate. "After Hours" inspections will be billed at a rate of three hours minimum. "After
Hours" inspections are defined as follows: Inspections conducted outside of normal business
hours for the fire prevention division.
g.
Any person, group, organization, institution or business failing to pay the applicable fees
under this Article shall after 30 days of the due date, for either existing or new permit
applicants, shall be issued a citation for non-payment of the required permit fee. The penalty
for all permit payments delinquent after 30 days shall be a doubling of the original fee.
(Ord. No. 712, § 13, 11-12-2013)
15.20.035 - Chapter 1, Section 113.1, IFC is added—Investigation and Fee.
Sections 113.1.1 and 113.1.2, IFC are added to this code and shall read as follows:
Section 113.1.1. Investigation - Work without a permit
Investigation. Whenever construction or work for which a permit is required by this code,
or any other code adopted or incorporated by reference as a part of this code, has been
commenced without first obtaining a permit, a special investigation shall be made before a
permit may be issued for the work. Demolition of all or part of a structure or system without a
required permit shall be subject to the investigation and fees imposed by this section.
Section 113.1.2. Fee - Work without a permit
An investigation fee, in addition to the permit fee, shall be collected as a civil penalty,
whether or not a permit is then or subsequently issued. The investigation fee shall be up to 10
times the fire permit fee. The investigation fee shall be determined by the fire chief and shall
be based on the staff time reasonably required to resolve all of the issues relative to the work
that has been performed without a permit. No construction work permit shall be issued until
the investigation fee has been paid in full.
Any person assessed such a fee may file an appeal with the city clerk within ten (10) days
after written notice to such person of the assessment. A hearing upon such appeal shall
thereafter be held by the city council; its decisions thereon shall be final.
Nothing in this section shall relieve any persons from fully complying with the
requirements of this code, or with any codes incorporated by reference and made a part of
this code in the execution of the work, or from any other fees or penalties prescribed by law.
(Ord. No. 712, § 13, 11-12-2013)
15.20.040 - Section 202, IFC - Definitions.
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Section 202, IFC is amended by adding the following definition:
SKY LANTERN. An unmanned device with a fuel source that incorporates an open flame in
order to make the device airborne.
(Ord. No. 712, § 13, 11-12-2013)
15.20.045 - Section 308, IFC - Open Flames.
Section 308.1.6.3, IFC is added to read as follows:
Section 308.1.6.3 Sky lanterns. No person shall release or cause to be released an untethered
sky lantern.
(Ord. No. 712, § 13, 11-12-2013)
15.20.050 - Section 503.3, IFC - Marking.
Section 503.3, IFC is amended by adding section 503.3.1 to read as follows:
Section 503.3.1 Fire Lane Designation. Designation of fire lanes shall be by one of the following
means:
1.
By white signs measuring at least 12 inches by 18 (12″ × 18″) inches posted immediately
adjacent thereto and clearly visible. It should clearly state, in red letters not less than one inch
(1″) in height, that the space is a fire lane and parking is prohibited.
2.
By outlining and hash-marking the area in contrasting colors clearly marking it with the words
"Fire Lane - No Parking."
3.
By identifying the space with a red curb upon which the words "Fire Lane - No Parking" are
stenciled every 15 feet.
a.
Both sides of fire lanes shall be red curbed when the fire lane is twenty (20) to twentyeight (28) feet in width.
b.
At least one side of a fire lane shall be red curbed and stenciled when the fire lane is over
twenty eight (28) and up to thirty-six (36) feet in width.
c.
Curbs need not be painted red nor stenciled when the fire lane is more than thirty-six (36)
feet in width.
(Ord. No. 712, § 13, 11-12-2013)
15.20.055 - Sections 505.1 through 505.1.2, CFC - Premises identification.
Section 505.1.1 is added to read as follows:
Section 505.1.1 Size of numbers shall be as follows:
1.
When the structure is thirty-six (36) to fifty (50) feet from the street or fire apparatus access, a
minimum of one-half-inch (½") stroke by six inches (6") high is required.
2.
When the structure is more than fifty (50) feet from the street or fire apparatus access, a
minimum of one-inch (1") stroke by nine inches (9") high is required.
Sections 505.1.2 and 505.1.3, CFC 505.1.1 are added to read as follows:
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Section 505.1.2 Multi-Tenant Buildings. Numbers or letters shall be designated on all
occupancies within a building. Size shall be one-half inch (½″) stroke by four inches (4″) high and on
a contrasting background. Directional address numbers or letters shall be provided. Said
addresses or numbers shall be posted at a height no greater than 5 feet, 6 inches (5′6″) above the
finished floor and shall be either internally or externally illuminated in all new construction.
Section 505.1.3 Rear Addressing. When required by the fire official, approved numbers or
addresses shall be placed on all new and existing buildings in such a position as to be plainly
visible and legible from the fire apparatus road at the back of a property or where rear parking lots
or alleys provide and acceptable vehicular access. Number stroke and size shall comply with
505.1.1.
(Ord. No. 712, § 13, 11-12-2013)
15.20.060 - Sections 506.1, CFC - Key Boxes.
Section 506.1, CFC is amended and 506.1.1.1, CFC is added to read as follows:
Section 506.1 is modified to include:
Section 506.1 Where Required. The key box shall be of an approved type and shall contain
contents as established in Section 506.1.1.1.
Section 506.1.1.1, CFC is added to read as follows:
Section 506.1.1.1 Key box contents requirements. The key provided shall be a master key
to all spaces including multi-tenant spaces. Additional keys shall be included for elevator
control, fire alarm control panels, and fire sprinkler control valve access. Contents inside key
box shall follow approved fire department standards. If the business/operation is required to
have a Hazardous Material Inventory Statement (HMIS), the HMIS shall be included in the key
box.
(Ord. No. 712, § 13, 11-12-2013)
15.20.065 - Section 507 - Fire Protection Water Supplies.
Section 507.5.4.1 CFC is added to read as follow:
Section 507.5.4.1. Private Hydrants. Whenever any on-site fire protection equipment or access
ways have been installed as provided in this section, the following provision shall be applicable:
With respect to hydrants located along private access ways where curbs exist, said curbs
shall be painted red or otherwise appropriately marked by the owner, lessee or other person
in charge of the premises, to prohibit parking for a distance of 10 feet in either direction from
such hydrant. In such cases where curbs do not exist, there shall be appropriate markings
painted on the pavement, or signs erected, or both giving notice that parking is prohibited for
a distance of 10 feet from any such hydrant.
(Ord. No. 712, § 13, 11-12-2013)
15.20.070 - Section 508 - Fire Command Center.
Section 508.1.1.1 CFC is added to read as follows:
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Section 508.1.1.1. Requirements. Fire command center shall be equipped with an exterior
door and be located at the exterior of the building at a location approved by the fire chief.
(Ord. No. 712, § 13, 11-12-2013)
15.20.075 - Section 603, CFC - Fuel-Fired Appliances.
Section 603.6.6, CFC is added to read as follows:
Section 603.6.6 Spark arrestors. Every chimney shall have a spark arrestor, either internally or
externally mounted. Any spark arrestor to be mounted internally shall not be installed until
installation plans for such arrestor have been submitted to and approved by the building
department. All chimneys as described in section 603.6 shall be retroactively protected when one
or more of the following conditions exist:
1.
Upon the sale or transfer of the real property on which any chimney is located.
a.
2.
The transfer of title shall not be made until each such chimney contains the required
spark arrestor, properly installed and in proper working order.
In the event of any construction on such property for which a building permit is required.
a.
The final building permit sign off shall not be made until each such chimney contains the
required spark arrestor, properly installed and in proper working order.
(Ord. No. 712, § 13, 11-12-2013)
15.20.080 - Section 607.6, CFC - Shunt Trip.
Section 607.6 is deleted and replaced in its entirety with the following:
Section 607.6. Shunt Trip Prohibited. Where elevator hoistways and/or elevator machine
rooms containing elevator control equipment are located within non-residential buildings
equipped with automatic fire sprinklers, the following is required in lieu of a shunt trip:
1.
The elevator machine room shall be constructed with the same minimum fire rating as the
hoistway.
2.
Fire sprinklers at the top of the hoistway and inside the elevator machine room shall not be
installed.
3.
Means for elevator shutdown shall not be installed
(Ord. No. 712, § 13, 11-12-2013)
15.20.085 - Section 903.1.2, CFC - Additions and Alterations.
Section 903.1.2, CFC is added to read as follows:
Section 903.1.2 Additions and Alterations. The standard for calculating the size of addition
and/or alteration for determining the threshold for fire sprinkler systems shall be:
1.
The square footage of every room being added or altered shall be included in the calculation
of total square footage of addition or alteration.
2.
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The entire square footage of an individual room shall be considered added or altered when at
least fifty percent (50%) or greater of the linear length of interior wall sheeting or ceiling within
the room is new, removed, or replaced. Windows, doors and openings are excluded from the
calculations.
(Ord. No. 712, § 13, 11-12-2013)
15.20.086 - Section 903.1. is amended - General.
Section 903.1.2, CFC is added to read as follows:
Section 903.1.2 Provisions for all sprinklered buildings:
1.
When a non-residential building is partially retrofitted with an approved automatic sprinkler
fire extinguishing system pursuant to this section, the building owner shall complete the fire
extinguishing system retrofit throughout the unprotected building interior areas within six (6)
years of completing the initial partial retrofit or within every tenant space where a building
permit is obtained, whichever is less.
2.
When a residential building is partially retrofitted with an approved automatic sprinkler fire
extinguishing system pursuant to this section, the building fire extinguishing system retrofit
shall be completed throughout the unprotected building interior areas within two (2) years
from completing the initial partial retrofit.
(Ord. No. 712, § 13, 11-12-2013)
15.20.087 - Section 903.2, CFC is amended - Where required.
Section 903.2, CFC shall be deleted and replaced as follows:
Section 903.2 Where required. Approved automatic fire sprinkler systems shall be installed in
all new occupiable and/or habitable buildings and structures. In addition, approved automatic fire
sprinkler systems shall be provided in locations described in Sections 903.2.1 through 903.2.19.
(Ord. No. 712, § 13, 11-12-2013)
15.20.088 - Section 903.2.20 and 903.2.21, CFC are added - Existing Buildings and Structures.
Section 903.2.20 is added to read as follows:
Section 903.2.20, CFC Existing Buildings and Structures. All existing buildings and structures
shall be retroactively protected by an approved automatic extinguishing system when the
following conditions exist:
a.
Non-residential buildings with a total building floor area in excess of 2,000 square feet or
more than two stories in height, and when additions or alterations for which a building permit
is required will exceed 1,500 square feet in area.
b.
Residential one- and two-family dwellings and structures with a total building floor area in
excess of 2,000 square feet or more than two stories in height, and when additions or
alterations for which a building permit is required will exceed 1,500 square feet in area.
Exceptions:
1.
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Additions or alterations of non-residential and multi-family residential buildings that do
not exceed 20% of the completed building's total replacement cost calculation. The
replacement cost calculations for the additions/alterations and the completed building
shall be calculated utilizing the latest Building Valuation Data (BVD) published by the
International Code Council.
2.
Additions or alterations to residential one- and two-family dwellings and structures that
do not exceed 20% of a building over 7,500 square feet.
3.
The cost of additions and alterations used in calculating the replacement cost value
formula shall be exclusive of the cost to design and install an automatic fire sprinkler
extinguishing system pursuant to this section; building roof repair/replacement; building
heating and/or cooling unit repair/replacement; and any other federal, state and local
construction code upgrade requirements including but not limited to the seismic retrofit
requirements, asbestos, and other hazardous material abatement.
Section 903.2.21, CFC is added with the following:
Section 903.2.21 Aggregate. The size or cost of additions and alterations used in calculating
the size or replacement cost value formula shall not be cumulative with regard to individual
additions or alterations in a building unless the following circumstance applies:
a)
Where more than one (1) addition or alteration for which building permits are required are
made within a two (2) year period and said additions or alterations are made to the premises,
the sum of the size or costs of these additions or alterations during this two (2) year period
shall be aggregated for the purpose of square footage calculations of Section 15.20.093.
(Ord. No. 712, § 13, 11-12-2013)
15.20.089 - Section 903.3.1.4, CFC amended - Inspector's Test.
Section 903.3.1.4, CFC is added to read as follows:
Section 903.3.1.4 Inspectors Test Valves. Single-family residential fire sprinkler systems within
buildings greater than 3,600 square feet shall be equipped with an inspectors test valve for each
system and located the furthest point away from the sprinkler riser.
(Ord. No. 712, § 13, 11-12-2013)
15.20.090 - Section 903.3.1.5, CFC is added- Additional Residential Sprinkler Locations.
Section 903.3.1.5, CFC is added to read as follows:
Section 903.3.1.5 Additional Residential Sprinkler Locations. The installation of a residential
fire sprinkler system shall conform to the following:
1.
Sprinklers shall be required throughout carports and garages.
Exception: Detached carports and garages less than 2,000 square feet in area and separated from
residential buildings complying with Section 503.1.2 of the building code and assuming a property
line between all other structures.
2.
Sprinkler coverage shall be provided in the following locations:
a.
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Areas of attics and crawl spaces containing storage, mechanical and/or electrical
equipment.
(Ord. No. 712, § 13, 11-12-2013)
15.20.095 - Section 5003.5, CFC is amended - Hazard Identification Signs.
Section 5003.5.2, IFC is added to read as follows:
Section 5003.5.2 Sign size and locations. Two NFPA 704 diamonds shall be placed on buildings
so that they are clearly visible from at least two directions of travel.
1.
The signs shall be at least fifteen inches by fifteen inches (15″ × 15″). The signs shall not be
placed on windows.
2.
When NFPA 704 diamonds are required for the interior doors, the signs shall be applied to the
doors at a level no higher than the doorknob. The signs for the interior doors shall be at least
six inches by six inches (6″ × 6″).
3.
The fire code official may require fewer or more NFPA diamonds if the building configuration
or size makes it reasonably necessary.
(Ord. No. 712, § 13, 11-12-2013)
15.20.100 - Unlawful burning and deposits of hazardous materials—Liability for costs.
(a) The fire department is authorized to clean up or abate the effects of any hazardous material
deposited upon or into property or facilities of the town; and any person or persons who
intentionally or negligently caused such deposit shall be liable for the payment of all costs incurred
by the fire department as a result of such cleanup or abatement activity. The remedy provided by
this section shall be in addition to any other remedies provided by law.
(b) For the purposes of this section, "hazardous materials" shall be defined as any substances or
materials, in a quantity or form which, in the determination of the fire chief or his/her authorized
representative, poses an unreasonable and imminent risk to life, health or safety of persons or
property or to the ecological balance of the environment, and shall include, but not be limited to,
such substances as explosives, radioactive materials, petroleum or petroleum products or gases;
poisons, etiologic (biologic) agents, flammables and corrosives.
(c) Any person whose violation of this xhapter result in fire damage to persons or property shall be
charged with unlawful burning and is liable for costs incurred by the fire department and other
responding county or state fire agencies for suppression activities.
(d) For purposes of this section, costs incurred by the fire department shall include, but shall not
necessarily be limited to, the following: actual labor costs of city personnel, including workers'
compensation benefits, fringe benefits, administrative overhead; cost of equipment operation,
cost of materials obtained directly by the city; and cost of any contract labor and materials.
(Ord. No. 712, § 13, 11-12-2013)
15.20.105 - Appeal and review.
(a) The fire chief shall be charged with the duty and responsibility of administering the provisions of
this chapter.
(b)
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Whenever it is provided herein that certain things shall be done in accordance with the order,
opinion or approval of the chief of the fire department, such order, opinion or approval shall be
complied with; provided, any person aggrieved thereby, or believing that such order, opinion or
approval is erroneous or faulty, may appeal, except as otherwise provided in this chapter, to the
city manager in writing within ten days after such order, opinion or approval has been given, and
the city manager shall affirm, modify or reverse the same within forty-eight hours thereafter;
provided further that, if dissatisfied with the city manager's ruling thereon, that person may appeal
to the city council at its next regular meeting thereafter, and the decision of the council shall be
final and conclusive. In the meantime, except in the cases of immediate hazard, the order, opinion
or approval shall be deemed suspended until such person has exhausted his or her right of appeal
as herein provided.
(Ord. No. 712, § 13, 11-12-2013)
15.20.110—15.20.150. - (Reserved)
15.20.155 - Fire lanes which are not fire apparatus access roads.
Nothing in the California Fire Code shall prevent the town from designating or maintaining a street
as a "fire lane" which does not meet the requirements of a fire apparatus access road under the
California Fire Code.
(Ord. No. 712, § 13, 11-12-2013)
15.20.160 - Amendment procedure.
When, in the judgment of the fire chief, it is reasonably necessary to amend the provisions of the
California Fire Code due to local climatic, geological or topographical conditions, the fire chief shall
prepare and submit the proposed amendments to the city council for consideration at the next
regularly scheduled council meeting. Before adopting any changes or modifications in the
requirements contained in the provisions published in the California Fire Code, or in any other
regulations adopted hereunder, the city council shall make an express finding that such modifications
or changes are reasonably necessary because of local climatic, geological, or topographical conditions.
Such finding shall be made available as a public record. Upon approval by the city council and filing of
the council's findings with the State Department of Housing and Community Development, such
amendments shall be added to and become a part of the provisions of this chapter.
(Ord. No. 712, § 13, 11-12-2013)
15.20.165 - Severability.
A.
Nothing contained in this chapter shall be held to modify, amend, repeal, or otherwise supersede,
whether in whole or in part, those certain laws and regulations of the town generally and
customarily known as the Hillsborough zoning laws and regulations (which, inter alia, establishes a
base zoning district known as the residence district, encompassing all the territory of the town;
regulates the use, size and location of buildings or improvements; regulates the minimum area
and frontage of residential lots; and provides for enforcement and penalties for violation thereof),
as originally passed and adopted July 11, 1955, with all amendatory laws and regulations adopted
thereafter.
B.
This chapter shall not modify, amend, repeal, or otherwise affect any laws of the town hereafter
enacted in substitution or amendment of the zoning regulations.
C.
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Whenever any provision of this chapter is found to conflict with the zoning regulations, or of any
laws hereafter enacted in amendment or substitution thereof, the provisions of such zoning
regulations or of any such amendatory or superseding laws shall control over this chapter.
(Ord. No. 712, § 13, 11-12-2013)
15.20.170 - Regulations of other agencies.
The fire chief or his or her duly authorized representatives are empowered and directed to invoke
the requirements and regulations of the National Board of Fire Underwriters, Underwriters
Laboratories, Inc., the California State Fire Marshal, the United States Bureau of Standards, the
Industrial Accident Commission of the State of California, and the California Health and Safety Code or
any other recognized authority, in any and all cases of fire hazards not specifically covered in any
provisions of this chapter or other laws and regulations of the town, all of which have been published
in code form and copies of which are on file with the fire chief and the city clerk.
(Ord. No. 712, § 13, 11-12-2013)
Chapter 15.21 - WILDLAND-URBAN INTERFACE CODE, 2009 EDITION
Sections:
15.21.010 - Purpose.
The purpose of this chapter is to promote the public health, safety, and welfare by helping prevent
the spread of fire from the town's wildland areas to the town's inhabited areas and vice versa and to
provide a system for the issuance of permits and collection of fees in furtherance of these purposes, all
of which is consistent with Action PS-1.3 of the town's general plan, which provides, inter alia, that "The
town will work with the central county fire department to review and update, if necessary, the town's
and department's regulations and approach regarding fire protection within Hillsborough to ensure
adequate fire protection. Since the town is mainly residential, the focus of this review will be on
reducing the risk of fire to and resulting from individual residential properties."
(Ord. No. 690, § 14, 12-13-2010; Ord. No. 712, § 14, 11-12-2013)
15.21.020 - Adoption.
A.
The town adopts and incorporates, as fully as if set out at length herein, the International
Wildland-Urban Interface Code, 2009 edition, known as the Wildland-Urban Interface Code ("WUI"),
as published by the International Code Council, but not including Chapter 5 () and including
Appendices A and B(but not including Appendices C, D, E, F, and G which are not adopted), for
regulating and governing the mitigation of hazard to life and property from the intrusion of fire
from wildland exposures and fire from adjacent structures and for preventing structure fires from
spreading to wildland fuels and for the issuance of permits and collection of fees therefore. The
provisions of the WUI (references to which shall be deemed to include the adopted appendices), as
amended herein, shall be controlling within the town.
B.
A copy of the WUI, together with a copy of Section 15.21 () of the Hillsborough Municipal Code, as
may be amended from time to time, or successor provision, shall at all times be kept on file in the
Office of the City Clerk of the Town of Hillsborough.
C.
In the event of any conflict or inconsistency between the provisions of the Hillsborough Municipal
Code and the WUI, that requirement which establishes the higher degree of safety, in the good
faith judgment of the fire chief of the central county fire department, shall control.
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D.
Any work approved by the architecture and design review board or having a valid building permit
after the effective date of this ordinance shall be subject to these requirements.
E.
Specific parcels of wildland-urban interface areas shall be as shown on the wildland area interface
map. The wildland-urban interface areas shall include: (1) All parcels identified as Very High Fire
Hazard Severity Zones as recommended by the Director of California Department of Forestry and
Fire Protection and as designated on a map titled "Fire Hazard Severity Zones in LRA,
Hillsborough," and (2) All parcels within 400 feet of property designated as town "Open Space."
(Ord. No. 690, § 14, 12-13-2010; Ord. No. 712, § 14, 11-12-2013)
15.21.030 - Amendment of International Wildland-Urban Interface Code, 2009 edition.
The WUI is hereby amended in its application to the Town of Hillsborough as set forth in Sections
15.21.040 () through 15.21.100 ().
(Ord. No. 690, § 14, 12-13-2010; Ord. No. 712, § 14, 11-12-2013)
15.21.040 - Appeals.
Section 106.1 and 106.2 are deleted and replaced with the following:
If the fire code official disapproves an application or refuses to grant a permit applied for, or
when it is claimed that the provisions of this chapter do not apply or that the true intent and
meaning of this chapter have been misconstrued or wrongly interpreted, the applicant may appeal
from the decision of the code official to the city manager of the town within ten (10) days after
such order, opinion or approval has been given. The city manager shall affirm, modify or reverse
the same within forty-eight hours thereafter; provided that, if dissatisfied with the city manager's
ruling thereon, the applicant may appeal to the city council at its next regular meeting thereafter,
and the decision of the council shall be final and conclusive. In the meantime, except in the cases
of immediate hazard, the order, opinion or approval shall be deemed suspended until such person
has exhausted his or her right of appeal as herein provided.
(Ord. No. 690, § 14, 12-13-2010; Ord. No. 712, § 14, 11-12-2013)
15.21.050 - Penalties.
A new Section 109.5 is added to read as follows:
Any person who violates any provision of this chapter, or who fails to comply therewith, shall
be guilty of a misdemeanor, punishable as set forth in Chapter 1.08 (). The imposition of one
penalty for any violation shall not excuse the violation or permit it to continue, and all persons
shall be required to correct or remedy such violations or defects promptly.
(Ord. No. 690, § 14, 12-13-2010; Ord. No. 712, § 14, 11-12-2013)
15.21.060 - Definitions.
Section 202 is amended by adding the following definition:
SUBSTANTIAL REMODEL: The renovation of any structure, which combined with any additions
to the structure, affects the Exterior Wall Plain Surfaces greater than fifty percent of the existing
exterior wall area of the structure.
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"Affects the Exterior Wall Plain surfaces" means either that no studs remain or that if some
studs remain, the wall except for the studs has been stripped bare such that one can see through
the wall. Any portion of an exterior wall so described shall be included in the calculation. This
definition does not apply to the replacement and upgrading of residential roof coverings
(Ord. No. 690, § 14, 12-13-2010; Ord. No. 712, § 14, 11-12-2013)
15.21.070 - Declaration.
Section 302.1 is deleted and replaced with the following:
The city council for the town of Hillsborough shall declare the wildland-urban interface areas
within the jurisdiction. The wildland-urban interface areas shall be based on the Very High Fire
Hazard Severity Zones (VHFHZS) as recommended by the Director of the California Department of
Forestry and Fire Protection. In addition to those VHFHZS areas, the town of Hillsborough includes
all parcels that are within four-hundred feet of any designated town Open Space.
(Ord. No. 690, § 14, 12-13-2010; Ord. No. 712, § 14, 11-12-2013)
15.21.080 - Driveways.
Section 403.2 is amended as follows:
Driveways shall be provided when any portion of an exterior wall of the first story of a building
is located more than 150 feet (45 720 mm) from a fire apparatus access road. Driveways shall
provide a minimum unobstructed width of 14 feet (4268 mm) and a minimum unobstructed height
of 13 feet 6 inches (4115 mm). Driveways in excess of 150 feet (45 720 mm) in length shall be
provided with turnarounds. Driveways in excess of 200 feet (60 960 mm) in length and less than 20
feet (6096 mm) in width shall be provided with turnouts in addition to turnarounds.
Unless otherwise approved by the fire department, all new or reconfigured driveways shall
have a minimum width of fourteen (14) feet (HMC §12.12.050 ()(E)), with a maximum slope of 16%,
except that the first fifteen (15) feet shall have a slope no greater than 5%. Please also see the dire
department Requirements listed below.
A driveway shall not serve in excess of five structures.
Exception: When such driveways meet the requirements for an access road in accordance
with the International Fire Code.
Driveway turnarounds shall have inside turning radii of not less than 30 feet (9144 mm) and
outside turning radii of not less than 45 feet (13 716 mm). Driveways that connect with a road or
roads at more than one point may be considered as having a turnaround if all changes of direction
meet the radii requirements for driveway turnarounds.
Driveway turnouts shall be an all-weather road surface at least 10 feet (3048 mm) wide and 30
feet (9144 mm) long. Driveway turnouts shall be located as required by the code official.
Vehicle load limits shall be posted at both entrances to bridges on driveways and private
roads. Design loads for bridges shall be designed to support the weight of apparatus at no less
than 65,000 pounds.
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(Ord. No. 690, § 14, 12-13-2010; Ord. No. 712, § 14, 11-12-2013)
15.21.090 - Special Building Construction Regulations.
Chapter 5 () of the WUI is deleted in its entirety and replaced with Chapter 7A , Title 24, Part 2
California Building Code, 2010 Edition.
(Ord. No. 690, § 14, 12-13-2010; Ord. No. 712, § 14, 11-12-2013)
15.21.100 - Amendment procedure.
When, in the judgment of the building department or the central county fire department, it is
reasonably necessary to amend the provisions of the WUI due to local climatic, geological, or
topographical conditions, the fire chief of the central county fire department shall prepare and submit
the proposed amendments to the city council for consideration. Before adopting any changes or
modifications in the requirements contained in the provisions published in the WUI, or in any other
regulations adopted hereunder, the city council shall make an express finding that such modifications
or changes are reasonably necessary because of local climatic, geological, or topographical conditions.
Upon approval by the city council and filing of the city council's findings with the State Department of
Housing and Community Development, such amendments shall be added to and become a part of the
provisions of this chapter.
(Ord. No. 690, § 14, 12-13-2010; Ord. No. 712, § 14, 11-12-2013)
15.21.110 - Promulgation of editions of the WUI Code.
As successive editions of the WUI Code are promulgated and incorporated by reference in the
California Building Standards Code, the building department and or fire department, under the
guidance and direction of the building official and fire chief, shall review the provisions of the new code
in order to determine whether they are consistent with the provisions of the WUI Code then in force as
modified by the provisions of this chapter. The building official and or fire chief shall submit a list of
recommendations with respect to such changes (if any) to the city council. Upon review and adoption
by the city council, according to the procedure set above, such revised version of the WUI Code,
together with all amendments thereto which are recommended by the building official and or fire chief
and/or required by the provisions of this chapter, shall govern all buildings and construction within
town limits.
(Ord. No. 690, § 14, 12-13-2010; Ord. No. 712, § 14, 11-12-2013)
Chapter 15.24 - GRADING*
Sections:
15.24.010 - Purpose.
The purpose of this chapter is to prevent soil erosion, protect public and private drainage systems,
and to otherwise protect the public health, safety and welfare.
(Ord. 617 § 1 (part), 2001)
15.24.020 - Definitions—Construction of words.
The following definitions and constructions apply to this chapter:
A.
The singular number includes the plural, and the plural includes the singular. The masculine
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gender includes the other genders.
B.
"Grading" means excavating or moving material as defined in subsection (D) of this section
and includes, without limitation, digging up, scraping, leveling, uprooting, scarifying, tunneling,
blasting, altering, filling, moving on site or trucking in or out of any quantity of material. The
amount or volume of grading referred to in this chapter includes all possible combinations of
the operations as mentioned herein.
C.
"Ground" means the normal, undisturbed contour and elevation of the native ground and its
natural verdure of trees, shrubs, brush, grass, etc., before any alterations required or intended
for construction or landscaping purposes.
D.
"Material" means any dirt, soil, rock, sand, rubble, debris or any fill material which by its
moving, removal or importation can change the natural contour of the ground.
(Ord. 617 § 1 (part), 2001)
15.24.030 - Permit—When required.
A.
Grading falls into three categories as follows:
Category 1:
Grading under fifty cubic yards of material shall require
no grading permit; such minor grading shall be
considered approved along with the granting of a
building permit.
Category 2:
Grading of fifty or more cubic yards of material, with a
maximum of one thousand five hundred cubic yards to
be taken from the site to an off-site location and/or from
an off-site location to the site, shall require a grading
permit (in addition to any other approvals and/or permits
that may be required) as set forth in Section 15.24.040 ()
Category 3:
Grading of fifty or more cubic yards of material, more
than one thousand five hundred cubic yards of which to
be taken from the site to an off-site location and/or from
an off-site location to the site, shall require a grading
permit (in addition to any other approvals and/or permits
that may be required) as set forth in Section 15.24.040 ()
and shall also require approval of the city council as set
forth in Section 15.24.070 ()
Notwithstanding the foregoing, no grading permit or city council approval shall be required for any
of the town's own projects, construction, or work.
B.
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In calculating amounts, the amount of material to be removed (whether removed from the site or
kept on the site but in another location) and the amount of material to be added (whether
obtained off-site or obtained elsewhere on the site) shall all be included in the total amount. For
example, if one thousand cubic yards of material are to be removed from one side of a lot and
relocated to the opposite side of the lot, the total amount of material for purposes of subsection
(A) above is two thousand cubic yards (one thousand cubic yards removed + one thousand cubic
yards added).
C.
Any required grading permit shall be issued concurrently with, and not until, the issuance of any
building permit required for the same project, construction or work; provided, however, that in the
event that pending building permit requirements will not affect proposed grading plans, the city
engineer may approve issuance of the grading permit separately from, and in advance of, the
issuance of the building permit.
(Ord. 617 § 1 (part), 2001)
15.24.040 - Permit—Application and fees.
A.
Application for all grading permits shall be filed with the city engineer on the form provided by the
town and shall include the following information:
1.
Name, address and signature of the applicant;
2.
Name, address and phone number of the contractor; name and phone number of the twentyfour-hour emergency contact (contractor's representative);
3.
Purpose for which the grading permit is requested;
4.
A complete map of the property (showing all property lines) on which the grading is proposed
to be done (which may, at the applicant's discretion, be incorporated into the grading plan
described in subsection (5));
5.
A grading plan prepared by a registered civil engineer, showing the existing and proposed
topography with the proposed cuts and fills and giving elevations, cross sections and/or
profiles of the work in accordance with standard practice and to the satisfaction of the city
engineer. The grading plan shall contain a certificate to be executed by the soils engineer or
geologist that the grading plan incorporates the recommendations and conclusions of the
soils report prepared according to Section 16.24.010 ()(C);
6.
Erosion sediment control plan;
7.
Schedule of proposed activities, including, but not limited to, the time within which the grading
is to be commenced after the granting of the grading permit and time when the grading is to
be completed;
8.
The manner in which the material is to be removed from the site and the proposed route over
the public streets and over private property in transporting any material;
9.
Security in a form and amount satisfactory to the city engineer as necessary to safeguard the
public health and safety from any adverse effects of the grading;
10. Certificate of insurance indicating compliance with Section 15.24.050 ()
11. At the discretion of the city engineer, a geotechnical report, if one has not already been
submitted with the building permit application;
12. Such further information as the city engineer may require.
B.
For Category 3 grading, the applicant shall also comply with the applicable requirements of the
California Environmental Quality Act (CEQA).
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C.
At the time of filing the grading permit application, the applicant shall pay a grading plan review
fee to cover the town's costs of processing the application and at the time the grading permit is to
be issued, the applicant shall pay a grading permit fee to cover the town's costs of monitoring the
grading operation. The grading plan review fee and grading permit fee shall be in amounts as set
by the city council from time to time by resolution.
D.
If the applicant wishes to be excused from any requirement of this chapter, the applicant shall
follow the procedure set forth in Chapter 1.24 () Exceptions From Requirements.
(Ord. 625 § 4 2001; Ord. 617 § 1 (part), 2001)
15.24.050 - Permit—Insurance.
The applicant for a grading permit shall deposit a certificate of insurance (showing liability
insurance coverage and indemnification of the town, its elected and appointed officials, officers,
employees and members of the public), to be maintained during the life of the grading permit, from
one or more insurance companies authorized by the State Insurance Commission to offer insurance in
the state of California, and stating that such policy(ies) shall not be canceled or reduced without thirty
days prior written notice provided to the town.
(Ord. 617 § 1 (part), 2001)
15.24.060 - Permit—Term and expiration.
A.
Unless earlier revoked pursuant to Section 15.24.100 (), a grading permit shall be valid for one year
from date of issuance; provided, however, that any period during which the permit is suspended,
as set forth in Section 15.24 (). 100, shall not count as part of the one year period.
B.
A Category 2 or Category 3 grading permit may be extended for one additional year if the request
for extension is submitted to the city engineer prior to the expiration of the grading permit and so
long as the extension is consistent with any CEQA requirements and with any approvals or
conditions given or imposed upon the project by the Architecture and Design Review Board. An
additional grading permit fee shall be payable for such extension. In the event that a grading
permit is extended pursuant to this subsection (B), subsection (F) below shall apply to such
extended permit in the same fashion as to the original permit.
C.
Subject to the provisions of subsection (E) of this section, the amount of grading permitted under a
Category 2 grading permit may be increased if the request for increase is submitted to the city
engineer prior to the expiration of the grading permit and so long as the increase is consistent
with any CEQA requirements and with any approvals or conditions given or imposed upon the
project by the Architecture and Design Review Board. An additional grading permit fee shall be
payable for such increase. In the event that a grading permit is increased pursuant to this
subsection (C), subsection (F) below shall apply to such increased permit in the same fashion as to
the original permit.
D.
If the requested extension under subsection (B) or requested increase under subsection (C) would
not be consistent with applicable ADRB approvals or conditions or CEQA requirements, the
applicant shall apply for a new grading permit following all procedures for a new permit, including,
without limitation, the procedures under Section 15.24.040 () (including, without limitation, paying
another grading plan review fee and grading permit fee) and, if applicable, under Section
15.24.070 ()
E.
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If the requested increase in amount would cause the total material (counting both the original
amount and the amount of the increase) to fall into the Category 3 definition or if the requested
increase in amount applies to an already existing Category 3 grading permit, the applicant shall
apply for a new, Category 3 grading, permit for the total amount of material (counting both the
original amount and the amount of the increase) following all procedures for a new permit,
including, without limitation, the procedures under Section 15.24.040 () (including, without
limitation, paying, another grading plan review fee and grading permit fee) and under Section
15.24.070 ()
F.
In the event that grading is started but thereafter ceases (prior to completion) for a period of at
least thirty consecutive days, the permit shall, at the discretion of the city engineer and upon
written notice to the permittee, be deemed to have expired as of the date of such written notice,
and the security provided pursuant to Section 15.24.040 () shall be drawn upon as necessary to
safeguard the public health and safety from any adverse effects of the grading.
(Ord. 617 § 1 (part), 2001)
15.24.070 - Permit—Hearing by city council for Category 3 permits.
A.
No Category 3 permit shall be issued unless it has first been approved by the city council following
a public hearing.
B.
Notice of a public hearing on an application for a Category 3 permit shall be given as set forth in
Chapter 1.20 () pursuant to the provisions for Type A notice. (The costs of notice are included in the
grading plan review fee.)
C.
The city engineer shall investigate the facts set forth in the application for a Category 3 permit and
shall make a written report of his or her investigation and recommendations to the city council.
D.
In granting, conditionally granting or denying an application for a Category 3 permit, the city
council shall consider the city engineer's report, as set forth in subsection (C) above, together with
the proposed grading's:
1.
compliance with applicable laws, regulations and policies;
2.
compatibility with the site and the neighborhood;
3.
effect upon the neighborhood;
4.
impact on the public health, safety and welfare.
(Ord. 617 § 1 (part), 2001)
15.24.080 - Permit—Conditions of issuance.
Any grading permit issued pursuant to this chapter is issued subject to the conditions set forth in
this section. Failure to comply with these conditions shall be grounds for suspension or revocation of
the grading permit as described in Section 15.24.100 ().
A.
All vehicles transporting material over the public streets of the town shall comply with state
and local weight limits and shall travel directly over the route(s) approved by the city engineer
or city council, as the case may be, and no where else.
B.
Grading shall be done in accordance with the approved plans and the geotechnical report, if
any, and with the conditions set forth in this section and on the grading permit.
C.
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All grading for which the city engineer has required a geotechnical investigation shall be
supervised, during the placement and compaction period, by an engineer licensed and
qualified on the subject of soil mechanics. The geotechnical engineer shall certify such grading
work upon completion of the job, and the permittee shall provide such certification to the city
engineer.
D.
Cut or fill slopes shall be treated as required by the city engineer to prevent erosion. The
jobsite shall comply with all federal, state, county and town requirements for prevention of
discharges into the storm water system.
E.
No dust, mud, excess earth or debris in the area affected by the jobsite shall at any time be
allowed to become a nuisance or danger.
F.
Any material spilled or deposited on any public street or place from any vehicle or conveyor
transporting material shall be immediately removed in a manner satisfactory to the city
engineer and at the expense of the permittee.
G.
The hours of work for grading or related work shall be Monday through Friday between the
hours of eight a.m. and five p.m. and Saturday between the hours of ten a.m. and five p.m.,
excluding any day when the office of the Hillsborough city clerk is closed for observance of a
holiday. If there is any inconsistency between the hours of work provisions of Chapter 8.32 ()
and those of this subsection (G), the latter shall control. Nothing in this subsection shall be
deemed to override or contradict the noise level provisions of Chapter 8.32 (), however.
H. Any other conditions imposed by the city engineer in the city engineer's discretion as he or she
deems necessary or advisable for the protection of the public health, safety and welfare.
(Ord. 617 § 1 (part), 2001)
15.24.090 - Site inspections.
At any time during the term of the grading permit, any officer or employee of the town is
authorized and shall be permitted to be on site (at the jobsite or along the route over which material is
transported) to monitor compliance with the provisions of this chapter.
(Ord. 617 § 1 (part), 2001)
15.24.100 - Permit—Suspension and revocation.
A.
Upon recommendation of the city engineer, if the city council deems it necessary for the public
health, safety and welfare, the city council may suspend any grading permit granted under this
chapter pending a hearing for the revocation of such permit. No activity under the grading permit
may be taken once the permit has been suspended. Activity may resume, under such terms as the
city council may impose, only following the revocation hearing and only if the permit is not revoked
as a result of that hearing.
B.
A grading permit issued under this chapter may be revoked by the city council, after a public
hearing, if the council deems revocation necessary for the public health, safety and welfare or if
the council determines that any part of the grading permit application was fraudulent. The
permittee shall be notified in writing of the time and place of the hearing and of the reasons for
the proposed revocation. Such notice shall be sent at least five days before the hearing, by
certified U.S. mail, return receipt requested, postage prepaid, at the permittee's address as shown
on the application for the grading permit or, at the discretion of the city engineer, at a more
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current address of the permittee. Provided that a copy of the mailed notice was posted at the job
site at least five days before the hearing, notice shall be deemed to have been given even if postal
officials are unable to locate the addressee and deliver the mailed notice.
(Ord. 617 § 1 (part), 2001)
15.24.110 - Exceptions for emergencies.
A.
Upon receipt of an application for emergency exception and after consultation with the member of
the city council who is the liaison for the city engineer's office, the city engineer may grant an
exception to any requirement of this chapter if, in the judgment of the city engineer, such
exception is required to avoid a serious and immediate threat to public health, safety and welfare.
B.
If the city engineer grants an exception pursuant to this section, he or she shall promptly make
written findings explaining the basis for the exception and shall provide a copy of the application,
findings and decision to each member of the city council and to each owner of a lot adjacent (as
that term is defined in Chapter 1.20 ()) to the lot to which the exception applies.
(Ord. 617 § 1 (part), 2001)
15.24.120 - Compliance with NPDES permit.
All activities undertaken pursuant to this chapter shall comply with the current NPDES (National
Pollutant Discharge Elimination System) permit under which the town operates (the terms of which
permit are incorporated herein by reference) and with any amendment, revision, or reissuance
thereof. The current NPDES permit is on file in the office of the city clerk.
(Ord. 625 § 5, 2001: Ord. 617 § 1 (part), 2001)
Chapter 15.26 - CONSTRUCTION MANAGEMENT
Sections:
15.26.010 - Preconstruction meeting.
For all projects of an estimated value of seven hundred fifty thousand dollars or more, the chief
building official may require that there be a preconstruction meeting following completion of review by
the architecture and design review board (and any subsequent review by the city council) and prior to
the issuance of any permits in connection with the planned construction. At the preconstruction
meeting, the owner, the contractor, and, if requested by the chief building official, the architect shall
meet with the chief building official to discuss the construction project and its management. The chief
building official may establish specific requirements for the project to meet to insure compliance with
any conditions imposed by the architecture and design review board and, if applicable, by the city
council, as well as compliance with all applicable state and federal law and regulation, including,
without limitation, stormwater management, recycling, and parking requirements. Failure to adhere to
such requirements may result in the issuance of a stop work order. The deadlines set forth in Section
15.30.050 () shall not be extended by reason of the issuance of any stop work order.
(Ord. 658 § 2 (part), 2005)
15.26.020 - Qualified superintendent on construction site.
In order to promote the timely completion of construction projects in accordance with applicable
building standards and requirements and in order to administer the projects efficiently with respect to
communications with the neighbors, with town building department staff, and with construction
workers on the project, for all projects of an estimated value of seven hundred fifty thousand dollars or
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more, a qualified superintendent shall be present at the construction site at all times during the
construction process, or at such times as the chief building official shall direct. A qualified
superintendent shall be someone with substantial construction experience and substantial knowledge
of the rules and methods of construction. A homeowner shall not be deemed a qualified
superintendent unless he or she meets the above description. The superintendent shall have the
authority to address the concerns of neighbors, occupants, and town building department staff
regarding the construction project and shall be present during all inspections and on-site visits by
building department staff. The name and telephone number of the superintendent shall be
conspicuously displayed at the construction site in a manner satisfactory to the chief building official.
(Ord. 658 § 2 (part), 2005)
Chapter 15.28 - BUILDING SECURITY
Sections:
15.28.010 - Purpose.
The provisions of this chapter shall apply to the construction of new residential dwellings and to
major remodeling, additions, or alterations to existing dwellings as defined in Chapter 2 of the
California Uniform Building Code, 1997 Edition, or successor provision.
(Ord 618 § 5, 2001; Ord. 336 § 1, 1976: prior code § 110.1.14(a))
15.28.020 - Definitions.
In this chapter the following words and phrases have the following meanings:
A.
A "cylinder guard" is a hardened metal ring surrounding the exposed portion of the outside
lock cylinder or other device which is so fastened as to protect the cylinder from wrenching,
prying, cutting or other attack tools.
B.
A "deadbolt lock" is a lock with a hardened metal throwpiece having a minimum travel of one
inch, with no automatic spring action and which is operated by a single key cylinder on the
outside and a turnpiece, knob or handle on the inside.
C.
"Exterior door" means any door which opens to the outside, open area or garage. Excluded
are doors designed primarily for vehicular access.
(Ord. 336 § 1, 1976: prior code § 110.1.14(b))
15.28.030 - Security requirements.
No building permit shall be issued for any new residential dwelling or for any major remodeling,
additions or alterations of any existing dwelling until the plans for the construction comply with the
following:
A.
All exterior wood doors shall be of solid wood construction, at least one and three quarters
inches thick, with the exception of the exterior door opening to a garage which shall be at least
one and three-eighths inches thick.
B.
All exterior wood doors shall be equipped with a deadbolt lock. The deadbolt turnpiece, knob
or handle shall be located not more than forty-six inches from the floor. A cylinder guard shall
be used on all deadbolt locks. The receiving portion of the bolt in the jamb shall be
constructed with a strike plate and shall prevent access to the bolt from the outside through
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construction joints. The strike plate shall be secured to the double stud framing and any space
between the studs and the door frame shall be shimmed with solid wood extending a
minimum of three inches above and below the strike plate.
C.
All exterior doors shall be equipped with either a peephole or other viewing device, or shall be
so constructed as to provide visibility from the inside of the doorway to the outside of the
doorway without opening the door. Glass or plastic panels shall not be within arm's reach of
any locking device.
D.
Outside hinges on all exterior doors and windows shall be provided with nonremovable pins.
Such hinge pins may be either welded, flanged or secured by a screw which is not accessible
when the door or window is in the closed position.
E.
All sliding glass doors and windows and all casement windows, of which any portion extends
within eight feet of the ground, a stairway, pavement, patio, deck or ramp shall be equipped
with an auxiliary locking device. The auxiliary lock shall be either a positive bolt lock or a
blockage in the track of sliding doors or windows which immobilizes movement in both
directions. Overhead clearance of affected sliding doors and windows, when in the closed
position, shall be reduced to one-fourth inch or less. All single sliding doors and windows shall
have the movable section on the inside of the fixed section. Double sliding doors and windows
must be locked at the meeting rail, immobilizing movement in either direction and resisting
the separation of the meeting rails by wrenching, prying, or other attack tools.
F.
Any locking device required on any door or window shall not require special knowledge or
keys to open from the inside.
(Ord. 336 § 1, 1976: prior code § 110.1.14(c))
Chapter 15.29 - WATER CONSERVATION IN LANDSCAPE REQUIREMENTS
Sections:
15.29.10 - Purpose.
The purpose of this chapter is to establish a structure for planning, designing, installing,
maintaining and managing water efficient landscapes in applicable new construction and rehabilitated
projects and to establish provisions for water management practices and water waste prevention for
existing landscapes, pursuant to California State Assembly Bill 1881, Section 65597, "The Water
Conservation in Landscaping Act".
(Ord. No. 689, § 3, 6-14-2010)
15.29.20 - Applicability.
A.
The provisions of this ordinance shall apply to all of the following landscape projects:
i.
Tier 1 landscapes: All new construction and rehabilitated landscapes with irrigated landscape
areas between 2,500 square feet and 5,000 square feet requiring a building or landscape
permit, plan check or design review, or requiring new or expanded water service.
ii.
Tier 2 landscapes: All new construction and rehabilitated landscapes with irrigated landscape
areas greater than 5,000 square feet requiring a building or landscape permit, plan check or
design review or requiring new or expanded water service.
iii.
Existing landscapes, shall only be subject to the provisions for existing landscapes provided for
in Section XIII "Provisions for Existing Landscapes Over One Acre in Size;" and
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The provisions of this ordinance shall not apply to:
i.
New construction and rehabilitated landscapes with irrigated landscape areas less than 2,500
square feet or that do not require a building or landscape permit, plan check or design review,
or new or expanded water service;
ii.
Landscapes, or portions of landscapes, that are only irrigated for an establishment period;
iii.
Registered local, state or federal historical sites where landscaping establishes a historical
landscape style, as determined by a public board or commission responsible for architectural
review or historic preservation;
iv.
Ecological restoration or mined-land reclamation projects that do not require a permanent
irrigation system; or
v.
Community gardens or plant collections, as part of botanical gardens and arboretums open to
the public, agricultural uses, commercial nurseries and sod farms.
(Ord. No. 689, § 3, 6-14-2010)
15.29.30 - Definitions.
A.
"Applied water" means the portion of water supplied by the irrigation system to the landscape.
B.
"Automatic irrigation controller" means an automatic timing device used to remotely control valves
that operate an irrigation system. Automatic irrigation controllers schedule irrigation events using
either evapotranspiration (weather-based) or soil moisture data.
C.
"Backflow prevention device" means a safety device used to prevent pollution or contamination of
the water supply due to the reverse flow of water from the irrigation system.
D.
"Certified irrigation designer" means a person certified to design irrigation systems by an
accredited academic institution a professional trade organization or other program such as the US
Environmental Protection Agency's WaterSense irrigation designer certification program and
Irrigation Association's Certified Irrigation Designer program.
E.
"Certified landscape irrigation auditor" means a person certified to perform landscape irrigation
audits by an accredited academic institution, a professional trade organization or other program
such as the US Environmental Protection Agency's WaterSense Landscape Irrigation Certification
Program, the Irrigation Association's certified landscape water conservation professional programs
and the California Landscape Contractors Association's Certified Water Manager Program.
F.
"Certified professional" or "authorized professional" means a certified irrigation designer, a
certified landscape irrigation auditor, a licensed landscape architect, a licensed landscape
contractor, a licensed professional engineer, or any other person authorized by the state to design
a landscape, an irrigation system, or authorized to complete a water budget.
G.
"Conversion factor (0.62)" means the number that converts acre-inches per acre per year to
gallons per square foot per year
H. "Drip irrigation" means any non-spray low volume irrigation system utilizing emission devices with
a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed
to apply small volumes of water slowly at or near the root zone of plants.
I.
"Ecological restoration project" means a project where the site is intentionally altered to establish
a defined, indigenous, historic ecosystem.
J.
"Effective precipitation" or "usable rainfall" (Eppt) means the portion of total precipitation which
becomes available for plant growth.
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K.
"Establishment period" means the first year after installing the plant in the landscape or the first
two years if irrigation will be terminated after establishment. Typically, most plants are established
after one or two years of growth.
L.
"Estimated total water use" (ETWU) means the total water used for the landscape as described in
Section VIII "Water Budget Calculations."
M.
"ET adjustment factor" (ETAF) means a factor of 0.7, that, when applied to reference
evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon
the amount of water that needs to be applied to the landscape. ETAF for a special landscape area
shall not exceed 1.0. ETAF for existing non-rehabilitated landscapes shall not exceed 0.8.
N.
"Evapotranspiration rate" means the quantity of water evaporated from adjacent soil and other
surfaces and transpired by plants during a specified time.
O. "Flow rate" means the rate at which water flows through pipes, valves and emission devices,
measured in gallons per minute, gallons per hour, or cubic feet per second.
P.
"Hardscapes" means areas located beneath a roof or covered by manufactured, non-plant
pervious or impervious materials.
Q. "Hydrozone" means a portion of the landscaped area having plants with similar water needs. A
hydrozone may be irrigated or non-irrigated.
R.
"Invasive plant species" means species of plants not historically found in California that spread
outside cultivated areas and can damage environmental or economic resources. "Noxious weeds"
means any weed designated by the Weed Control Regulations in the Weed Control Act and
identified on a Regional District noxious weed control list. Lists of invasive plants are maintained at
the California Invasive Plant Inventory and USDA invasive and noxious weeds database.
S.
"Irrigation audit" means an in-depth evaluation of the performance of an irrigation system. An
irrigation audit includes, but is not limited to: inspection, system tune-up, system test with
distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland
flow, and preparation of an irrigation schedule.
T.
"Irrigation efficiency" (IE) means the measurement of the amount of water beneficially used
divided by the amount of water applied. Irrigation efficiency is derived from measurements and
estimates of irrigation system characteristics and management practices. The minimum average
irrigation efficiency for purposes of this Ordinance is 70%. Greater irrigation efficiency can be
expected from well-designed and maintained systems.
U.
"Irrigation survey" means an evaluation of an irrigation system that is less detailed than an
irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and
written recommendations to improve performance of the irrigation system.
V.
"Irrigation water use analysis" means an analysis of water use data based on meter readings and
billing data.
W. "Landscape architect" means a person who holds a license to practice landscape architecture in
California as further defined by the California Business and Professions Code, Section 5615.
X.
"Landscape" and "landscape area" means all the planting areas, turf areas, and water features in a
landscape design plan subject to the Maximum Applied Water Allowance calculation. The
landscape area does not include footprints of buildings or structures, sidewalks, driveways,
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parking lots, decks, patios, gravel or stone walks, other pervious or impervious hardscapes, other
non-irrigated areas designated for non-development (e.g., open spaces and existing native
vegetation), agricultural uses, commercial nurseries and sod farms.
Y.
"Landscape contractor" means a person licensed by the State of California to construct, maintain,
repair, install, or subcontract the development of landscape systems.
Z.
"Landscape project" means the total area comprising the landscape area, as defined in this
ordinance.
AA.
"Lateral line" means the water delivery pipeline that supplies water to the emitters or sprinklers
from the valve.
BB.
"Low volume irrigation" means the application of irrigation water at low pressure through a
system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers.
CC.
"Low water use plant" means a plant species whose water needs are compatible with local
climate and soil conditions. Species classified as "very low water use" and "low water use" by
WUCOLS, having a regionally adjusted plant factor of 0.0 through 0.3, shall be considered low
water use plants. "Maximum Applied Water Allowance" (MAWA) means the upper limit of annual
applied water for the established landscaped area as specified in Section VIII "Water Budget
Calculations."
DD. "Mined-land reclamation projects" means any surface mining operation with a reclamation plan
approved in accordance with the Surface Mining and Reclamation Act of 1975.
EE.
"Mulch" means any organic material such as leaves, bark, straw, compost, or inorganic mineral
materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface
for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil
temperature, and preventing soil erosion.
FF.
"New construction" means the construction of a new building or structure containing a landscape
or other new land improvement, such as a park, playground, or greenbelt without an associated
building.
GG.
"No-water using plant" means a plant species with water needs that are compatible with local
climate and soil conditions such that regular supplemental irrigation is not required to sustain
the plant after it has become established.
HH. "Operating pressure" means the pressure at which the parts of an irrigation system are designed
by the manufacturer to operate.
II.
"Overhead sprinkler irrigation systems" means systems that deliver water through the air (e.g.,
spray heads and rotors).
JJ.
"Overspray" means the irrigation water which is delivered beyond the target area.
KK.
"Permit" means an authorizing document issued by local agencies for new construction or
rehabilitated landscapes.
LL.
"Pervious" means any surface or material that allows the passage of water through the material
and into the underlying soil.
MM.
"Plant factor" or "plant water use factor" is a factor, when multiplied by ETo, estimates the
amount of water needed by plants.
NN.
"Precipitation rate" means the rate of application of water measured in inches per hour.
OO.
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"Project applicant" means the individual or entity submitting a project landscape application
required under Section VI, to request a permit, plan check, design review, or new or expanded
water service from the Town of Hillsborough. A project applicant may be the property owner or his
or her designee.
PP.
QQ.
"Rain sensor" or "rain sensing shutoff device" means a component which automatically suspends
an irrigation event when it rains.
"Recreational area" means areas dedicated to active play such as parks, sports fields, and golf
courses where turf provides a playing surface.
RR. "Reference evapotranspiration" or "ETo" means a standard measurement of environmental
parameters which affect the water use of plants.
SS. "Rehabilitated landscape" means any re-landscaping project that requires a permit, plan check,
design review, or requires a new or expanded water service application.
TT.
UU.
"Runoff" means water which is not absorbed by the soil or landscape to which it is applied and
flows from the landscape area.
"Soil moisture sensing device" or "soil moisture sensor" means a device that measures the
amount of water in the soil. The device may also suspend or initiate an irrigation event.
VV. "Special landscape area" (SLA) means an area of the landscape dedicated solely to edible plants,
areas irrigated with recycled water, water features using recycled water and areas dedicated to
active play such as parks, sports fields, and golf courses, where turf provides a playing surface.
WW. "Sprinkler head" means a device which delivers water through a nozzle.
XX. "Station" means an area served by one valve or by a set of valves that operate simultaneously.
YY.
ZZ.
"Turf" means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass,
Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermuda grass, Kikuyu
grass, Seashore Paspalum, St. Augustine grass, Zoysia grass, and Buffalo grass are warm-season
grasses.
"Valve" means a device used to control the flow of water in the irrigation system.
AAA. "Water feature" means a design element where open water performs an aesthetic or
recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial
streams, spas, and swimming pools (where water is artificially supplied).
BBB. "WUCOLS" means the Water Use Classification of Landscape Species published by the University
of California Cooperative Extension, the Department of Water Resources and the Bureau of
Reclamation, 2000.
(Ord. No. 689, § 3, 6-14-2010)
15.29.40 - Water conservation in landscaping ordinance requirements.
A.
All owners of new construction and rehabilitated landscapes of applicable sizes shall: (1) complete
the landscape project application (Section VI) and (2) comply with the landscape and irrigation
maintenance schedule (Section XI) requirements of this ordinance.
B.
All owners of existing landscapes over one acre in size, even if installed before enactment of this
ordinance, shall: (1) comply with town programs that may be instituted relating to irrigation audits,
surveys and water use analysis, and (2) shall maintain landscape irrigation facilities to prevent
water waste and runoff.
(Ord. No. 689, § 3, 6-14-2010)
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15.29.050 - Compliance with ordinance.
A.
B.
The town shall:
i.
Provide the project applicant with the ordinance and landscape project application
requirements and the procedures for permits, plan checks, design reviews, or new or
expanded water service;
ii.
Review the landscape project application submitted by the project applicant;
iii.
Approve, conditionally approve, or deny the project applicant's landscape project application
submittal;
The project applicant shall:
i.
Prior to construction, submit all portions of the landscape project application, except the
landscape audit report, to the town's planning/building department; and
ii.
After construction, submit the landscape audit report portion of the landscape project
application to the building department.
(Ord. No. 689, § 3, 6-14-2010)
15.29.060 - Landscape project application.
A.
The elements of a landscape must be designed to achieve water efficiency and comply with the
criteria described in this ordinance. In completing the landscape project application, project
applicants may choose one of two options to demonstrate that the landscape meets the
Ordinance's water efficiency goals. Regardless of which option is selected, the applicant must
complete and comply with all other elements of the ordinance. The options include:
i.
ii.
B.
Planting restrictions:
a.
The turf area may not be more than 25 percent of the landscape area; and
b.
At least 80 percent of the plants in non-turf landscape areas shall be low-water or nowater using plants; or the
Water Budget Calculation option (Section VIII).
The landscape project application shall include the following elements:
i.
Project information;
ii.
Outdoor water use efficiency checklist (Section VII);
iii.
Water budget calculations, if applicant selects to use a water budget approach rather than
comply with the turf area limitations or specified plant type restrictions (Section VIII);
iv.
Landscape and irrigation system design plans (Section IX); and
v.
Landscape audit report (Section X).
(Ord. No. 689, § 3, 6-14-2010)
15.29.70 - Outdoor water use efficiency checklist.
The Town of Hillsborough has developed an outdoor water use efficiency checklist (checklist),
based on the criteria described below. For Tier 1 projects, either the project applicant or a certified or
authorized professional shall complete the checklist and submit it to the Town of Hillsborough along
with the landscape and irrigation design plan. For Tier 2 projects, the checklist shall be completed by a
certified or authorized professional and submitted to the Town of Hillsborough along with the
landscape and irrigation design plan.
A.
Plant material.
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i.
Each hydrozone shall have plant materials with similar water use that are selected and
planted appropriately based upon their adaptability to the climatic, geologic, and
topographical conditions of the project site.
ii.
The turf area shall not be more than 25 percent of the landscape area unless the project
applicant develops a site-specific water budget and the ETWU of the landscape area does
not exceed the MAWA.
iii.
Turf shall not be planted on slopes greater than 25 percent or in areas that are less than
eight feet wide, unless irrigated with subsurface irrigation or a low volume irrigation
system.
iv.
At least 80 percent of the plants in non-turf landscape areas shall be low-water or nowater using plants, unless the project applicant develops a site-specific water budget and
the ETWU of the landscaped area does not exceed the MAWA.
v.
A defensible space around a building or structure is required in wildland urban interface
areas per Public Resources Code Section 4291 (a) and (b).
vi.
Fire-prone plant materials and highly flammable mulches should be avoided.
vii. The use of invasive and/or noxious plant species is strongly discouraged.
viii. The architectural guidelines of a common interest development shall not prohibit or
include conditions that have the effect of prohibiting the use of low-water use plants as a
group.
B.
Mulch. A minimum two-inch layer of mulch shall be applied on all exposed soil surfaces of
planting areas, although a three-inch layer is recommended.
C.
Irrigation system. An irrigation system shall meet all the requirements listed in this section and
the manufacturers' recommendations. The irrigation system and its related components shall
be planned and designed to allow for proper installation, management, and maintenance.
i.
Dedicated landscape water meters shall be required for non-residential new construction
with landscape areas greater than 5,000 square feet, and are highly recommended for
residential and non-residential landscape areas greater than 5,000 square feet.
ii.
Tier 2 landscapes are required to have automatic irrigation controllers that utilize either
evapotranspiration or soil moisture sensor data for irrigation scheduling.
iii.
Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter
irrigation operation during unfavorable weather conditions shall be required on all
irrigation systems.
iv.
The irrigation system shall be designed to prevent runoff, low head drainage, overspray,
or other similar conditions.
v.
Low volume irrigation is required in mulched areas, in areas with slope greater than 25
percent, or in narrow or irregularly shaped areas that are less than eight feet in width in
any direction.
vi.
Overhead irrigation shall not be permitted within 24 inches of any non-permeable
surface. Allowable irrigation within the setback from non-permeable surfaces may include
drip, drip line, or other low flow non-spray technology. The setback area may be planted
or unplanted. The surfacing of the setback may be mulch, gravel, or other porous
material. These restrictions may be modified if:
a.
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The landscape area is adjacent to permeable surfacing and no runoff occurs; or
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b.
The adjacent non-permeable surfaces are designed and constructed to drain entirely
to the landscaping; or
c.
The irrigation designer specifies an alternative design or technology, as part of the
landscape design plan and clearly demonstrates that overspray and runoff will be
avoided. Prevention of overspray and runoff must be confirmed during the irrigation
audit.
vii. Average irrigation efficiency is assumed to be 70 percent for the purposes of calculating
estimated total water use in water budget calculations. Irrigation systems shall be
designed, maintained, and managed to meet or exceed an average landscape irrigation
efficiency of 70 percent.
viii. Irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m., unless unfavorable
weather prevents it or otherwise renders irrigation unnecessary.
D.
E.
F.
Hydrozone.
i.
Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions,
and plant materials with similar water use.
ii.
Sprinkler heads and other emission devices shall be selected based on what is
appropriate for the plant type within that hydrozone.
iii.
Where feasible, trees shall be irrigated by separate valves from shrubs, groundcovers, and
turf.
iv.
Individual hydrozones that mix plants with different water uses may be allowed if a water
budget is performed, and the plant factor calculation is based on the proportion of the
respective plant water uses or the plant factor of the higher water using plant is used.
Water features.
i.
Recirculating water systems will be used for water features.
ii.
The wet surface area of a water feature will not exceed 10 percent of the softscape area,
as defined in Hillsborough Muncipal Code Section 17.32.060 ()(A)(3), and will be counted
as a high-water using plant for purposes of a water budget calculation.
iii.
Pool and spa covers are highly recommended. The surface area of a pool or spa equipped
with a cover will be counted as a moderate-water using plant for purposes of a water
budget calculation.
Soil amendments. Soil amendments, such as compost, shall be incorporated according to the
soil conditions at the project site and based on what is appropriate for the selected plants.
(Ord. No. 689, § 3, 6-14-2010)
15.29.80 - Water budget calculations.
Project applicant may elect to complete a water budget calculation for the landscape project. A Tier
1 water budget may be developed and completed by the project applicant. A Tier 2 water budget
calculation must be completed by a certified or authorized professional. Water budget calculations, if
prepared, shall adhere to the following requirements:
A.
The plant factor used shall be from WUCOLS. The plant factor ranges from 0.0 to 0.3 for low
water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high
water use plants.
B.
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Requests to adjust a plant's WUCOLS listed plant factor, due to site-specific microclimate
conditions, will be considered on a case-by-case basis by the building official. Requests to
adjust a plant factor shall be prepared by a certified or authorized landscape professional,
submitted in writing with the Water Budget and detailed on the submitted landscape design
plan. The certified professional will describe the site conditions, irrigation design, irrigation
schedule and other considerations that support the request for the plant factor adjustment.
The conditions in the submitted request will be confirmed by an authorized professional
during the irrigation audit. Plant factor adjustments not supported by the irrigation audit will
revert to their WUCOLS listed plant factor.
C.
The wet surface areas of all non-covered water features shall be included in the high water
use hydrozone. The covered, wet surface areas of pools and spas equipped with covers shall
be included in the medium use hydrozone.
D.
All special landscape areas (SLA) shall be identified and their water use included in the water
budget calculations.
E.
The reference evapotranspiration adjustment factor (ETAF) for SLA shall not exceed 1.0. The
ETAF for all other landscaped areas shall not exceed 0.7.
F.
Irrigation system efficiency shall be greater than or equal to 70%.
G.
Maximum applied water allowance (MAWA) shall be calculated using the equation below:
MAWA = (ETo)(0.62) [(0.7 × LA) + (0.3 × SLA)]
Where:
MAWA = Maximum applied water allowance (gallons per year)
ETo = Reference evapotranspiration (inches per year)
0.62 = Conversion factor (to gallons)
0.7 = Reference evapotranspiration adjustment factor (ETAF)
LA = Landscape area including SLA (square feet)
0.3 = Additional water allowance for SLA
SLA = Special landscape area (square feet)
H. The town or project applicant may consider effective precipitation (25 percent of annual
precipitation) in tracking water use and may use the following equation to calculate the
MAWA:
MAWA= (ETo - Eppt)(0.62) [(0.7 × LA) + (0.3 × SLA)]
I.
Estimated total water use (ETWU) will be calculated using the equation below. The sum of the
ETWU calculated for all hydrozones will not exceed the MAWA.
ETWU = (Eto)(0.62)(PF × HA + SLA)
IE
Where:
ETWU = Estimated total water use per year (gallons)
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ETo = Reference evapotranspiration (inches)
PF = Plant factor from WUCOLS (see Section 491)
HA = Hydrozone area [high, medium, and low water use areas] (square feet)
SLA = Special landscape area (square feet)
0.62 = Conversion factor
IE = Irrigation efficiency (minimum 0.70)
(Ord. No. 689, § 3, 6-14-2010)
15.29.090 - Landscape and irrigation design plans.
A.
Tier 1 landscapes: The landscape and irrigation design plan may be prepared by, and bear the
signature of, the project applicant, or that of a certified or authorized professional.
B.
Tier 2 landscapes: The components of the landscape and irrigation design plan shall be prepared
as follows:
C.
i.
The landscape design portion shall be prepared by, and bear the signature of, a licensed
landscape architect, licensed landscape contractor, or that of a certified or authorized
professional; and
ii.
The irrigation design portion shall be prepared by, and bear the signature of, a licensed
landscape architect, certified irrigation designer, licensed landscape contractor, or that of a
certified or authorized professional.
The landscape design portion of the landscape and irrigation design plan, at a minimum, shall:
i.
Delineate and label each hydrozone;
ii.
Identify each hydrozone as low, moderate, high water, or mixed water use;
iii.
Identify special landscape areas (i.e., recreational areas; areas permanently and solely
dedicated to edible plants; areas irrigated with recycled water);
iv.
Identify type of mulch and application depth;
v.
Identify type and surface area of water features, and any covers;
vi.
Identify hardscapes (pervious and impervious); and
vii. Contain the following statement: "I have complied with the criteria of the Water Conservation
in Landscaping Ordinance and applied them for the efficient use of water in the Landscape
and Irrigation Design Plan."
D.
The irrigation design portion of the landscape and irrigation design plan, at a minimum, shall
contain:
i.
Location and size of water meter(s);
ii.
Location, type and size of all components of the irrigation system, including controllers, main
and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick
couplers, pressure regulators, and backflow prevention devices;
iii.
Static water pressure at the point of connection to the public water supply;
iv.
Flow rate (gallons per minute), application rate (inches per hour), and design operating
pressure (pressure per square inch) for each station;
v.
Irrigation schedule;
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E.
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The following statement: "I have complied with the criteria of the Water Conservation in
Landscaping Ordinance and applied them accordingly for the efficient use of water in the
Landscape and Irrigation Design Plan."
Grading. If the landscape project will be graded, then the grading shall be designed to minimize
soil erosion, runoff, and water waste. All grading shall be conducted to:
i.
Maintain all irrigation and normal rainfall within property lines and avoid drainage on to
impermeable hardscapes;
ii.
Avoid disruption of natural drainage patterns and undisturbed soil;
iii.
Avoid soil compaction in landscape areas; and
iv.
Be consistent with National Pollution Discharge Elimination System and other applicable
grading requirements.
(Ord. No. 689, § 3, 6-14-2010)
15.29.100 - Landscape audit report.
A.
Tier 1 landscapes: Landscape irrigation audits for new or rehabilitated landscapes installed after
the Ordinance effective date shall be conducted after the landscaping and irrigation systems have
been installed. The audit may be conducted by the project applicant or by a certified landscape
irrigation auditor.
B.
Tier 2 landscapes: Landscape irrigation audits for new or rehabilitated landscapes installed after
the Ordinance effective date shall be conducted by a certified landscape irrigation auditor after the
landscaping and irrigation system have been installed.
C.
The landscape audit report shall include, but is not limited to: inspection to confirm that the
landscaping and irrigation system were installed as specified in the landscape and irrigation design
plan, system tune-up, system test with distribution uniformity, reporting overspray or run off that
causes overland flow, and preparation of an irrigation schedule.
D.
The landscape audit report shall include the following statement: "The landscape and irrigation
system has been installed as specified in the landscape and irrigation design plan and complies
with the criteria of the Ordinance and the permit".
E.
The town shall administer on-going programs that may include, but not be limited to, postinstallation landscape inspection, irrigation water use analysis, irrigation audits, irrigation surveys
and water budget calculations to evaluate compliance with the MAWA.
(Ord. No. 689, § 3, 6-14-2010)
15.29.110 - Landscape and irrigation maintenance schedule.
Landscapes shall be maintained to ensure water use efficiency.
A.
A regular maintenance schedule shall include, but not be limited to, routine inspection;
adjustment and repair of the irrigation system and its components; aerating and dethatching
turf areas; replenishing mulch; fertilizing; pruning; weeding in all landscape areas; and
removing obstructions to emission devices.
B.
Repair of all irrigation equipment shall be done with the originally installed components or
their equivalents.
C.
A project applicant is encouraged to implement sustainable or environmentally-friendly
practices for overall landscape maintenance.
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(Ord. No. 689, § 3, 6-14-2010)
15.29.120 - Stormwater management.
Stormwater best management practices shall be incorporated into the landscape and grading
design plans to minimize runoff and to increase on-site retention and infiltration and shall be
consistent with the National Pollution Discharge Elimination System and other applicable stormwater
management requirements.
(Ord. No. 689, § 3, 6-14-2010)
15.29.130 - Provisions for existing landscapes over one acre in size.
This section shall apply to all existing landscapes that were installed before ordinance effective
date and are over one acre in size.
A.
Irrigation audit, irrigation survey, and irrigation water use analysis.
i.
For landscapes that have a water meter, the town shall administer programs that may
include, but not be limited to, irrigation water use analyses, irrigation surveys, and
irrigation audits to evaluate water use and provide recommendations as necessary to
reduce landscape water use to a level that does not exceed the MAWA for existing
landscapes. The MAWA for existing landscapes shall be calculated as:
MAWA = (0.8) (ETo)(LA)(0.62).
B.
ii.
For landscapes that do not have a meter, the town shall administer programs that may
include, but not be limited to, irrigation surveys and irrigation audits to evaluate water use
and provide recommendations as necessary in order to prevent water waste.
iii.
All landscape irrigation audits for existing landscapes that are greater than one acre in
size shall be conducted by a certified landscape irrigation auditor.
Water waste prevention. Local agencies shall prevent water waste resulting from inefficient
landscape irrigation by prohibiting runoff from leaving the target landscape due to low head
drainage, overspray, or other similar conditions where water flows onto adjacent property,
non-irrigated areas, walks, roadways, parking lots, or structures.
(Ord. No. 689, § 3, 6-14-2010)
15.29.140 - Penalties.
If the building official determines that the responsible party has not complied with this chapter,
then the project shall be determined to be non-compliant, and the responsible party shall be subject to
a penalty of up to ten times the permit fee, as set forth in Sections 15.04.070 () C.1.
(Ord. No. 689, § 3, 6-14-2010)
15.29.150 - Public education.
The town shall provide information to all applicants regarding the design, installation,
management, and maintenance of water-efficient landscapes and irrigation systems.
(Ord. No. 689, § 3, 6-14-2010)
Chapter 15.30 - TIME LIMITS FOR COMPLETION OF CONSTRUCTION
Sections:
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15.30.010 - Short title.
This chapter shall be known as the "Construction Completion Chapter."
(Ord. 658 § 3 (part), 2005)
15.30.020 - Purpose.
It is the intent of this chapter to:
A.
Assure the safety of construction practices, structures, and other improvements, through
encouragement of final inspections on all construction requiring building permits.
B.
Set and enforce reasonable time limits for the completion of all construction requiring
building permits in order to protect property values and prevent the creation of public
nuisances.
(Ord. 658 § 3 (part), 2005)
15.30.030 - Application.
This chapter shall apply to all construction (including, but not limited to, all additions, alterations,
modifications, repairs and improvements) that requires a building permit.
(Ord. 658 § 3 (part), 2005)
15.30.040 - Construction completion.
For the purposes of this chapter, construction shall be complete upon the final performance of all
construction work, including, but not necessarily limited to, exterior repairs and remodeling, total
compliance with all conditions of application approval, and the clearing and cleaning of all
construction-related materials and debris from the site. Final inspection and approval of the
construction work by the town shall mark the date of construction completion. Deadlines for the
completion of landscaping are set forth in Section 17.56.090 ().
(Ord. 658 § 3 (part), 2005)
15.30.050 - Time limits for construction completion.
Estimated value as determined by the
chief building official
New construction Additions, alterations,
modifications, repairs and improvements
Not over $50,000.00
9 months from building permit issuance
$50,001.00—$200,000.00
12 months from building permit issuance
$200,001.00—$500,000.00
15 months from building permit issuance
$500,001.00—$1,000,000.00
18 months from building permit issuance
$1,000,001.00—$2,000,000.00
24 months from building permit issuance
$2,000,001.00—$6,000,000.00
30 months from building permit issuance
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36 months from building permit issuance
(Ord. 658 § 3 (part), 2005)
15.30.055 - Time extensions for completion of construction.
The building official may extend the time for completion set forth in Section 15.30.050 () for a
period not to exceed ninety days per extension after considering the impact on neighboring residences
and the good faith and diligence of the property owner in moving forward with the project. The
property owner must apply for the extension at least five business days prior to the expiration of the
time limit then in effect. The property owner may apply for additional extensions, but no single
extension may be for a period exceeding ninety days.
(Ord. No. 692, § 2, 9-13-2010)
15.30.060 - Effect of failure to comply with time limits for construction completion.
A.
If a property owner fails to complete construction by the applicable time limit established in this
chapter, the property owner shall be subject to the following penalties payable to the town:
Period of time that project remains
incomplete beyond applicable time limit
Penalty
First 30 days
0
31st through 60th day
$200.00 per day (i.e., $6,000.00 maximum
penalty applicable to this 30-day period)
61st through 120th day
$400.00 per day (i.e., $24,000.00
maximum penalty applicable to this 60day period)
121st day and every day thereafter
$1,000.00 per day (no maximum total)
B.
Penalties, fees and costs due to the town pursuant to this chapter are due each day as the
penalties accrue.
C.
Any violation of this chapter shall constitute a public nuisance and, in addition to being subject to
any other remedies allowed by law, may be abated as provided by law.
(Ord. 658 § 3 (part), 2005)
15.30.070 - Construction completion deposit.
A.
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Before a building permit may be issued, the property owner or his representative shall deliver to
the building department a refundable deposit (in cash or in the form of a payment penalty bond)
in the amount of two percent of the estimated value of the work as determined by the chief
building official, but not less than five hundred dollars deposit. Any bond shall be in the amount of
the deposit and in form and contents satisfactory to the town and shall cover a minimum time
period of the applicable time limit plus two years.
B.
If construction is completed (as defined in Section 15.30.040 ()) by the applicable time limit, the
town shall refund the construction completion deposit or return the bond, together with any
interest earned thereon.
C.
If a property owner fails to complete construction by the applicable time limit, the applicable
penalties shall accrue daily.
D.
If the owner believes that the failure to meet the applicable time limit was caused by
circumstances beyond the owner's control and those circumstances are among those listed as
grounds for appeal in Section 15.30.080 ()(B), the owner may file a written statement to that effect
with the chief building official on or before the construction deadline and provide documentation
substantiating such grounds of appeal and the effect on the construction. If the owner makes such
filing, no part of the deposit shall be forfeited to the town and no demand shall be made against
the bond if construction is completed within one year after the applicable time limit. If
construction is thus completed and the chief building official concurs with the owner's statement
as to the cause of the failure to meet the deadline, the chief building official may waive the penalty
and return the cash deposit or bond to the owner. If the chief building official does not concur with
the owner's statement, it shall be treated as an appeal under Section 15.30.080 () and all the
provisions of that section shall apply.
E.
Except as set subsection D of this section, if construction is completed after the applicable time
limit, the town shall draw on the deposit or bond in the amount of the applicable penalties;
provided, however, that in the event of an appeal, the town shall not draw on the deposit or bond
until the hearing panel has rendered its decision as set forth in Section 15.30.080 ()(C).
F.
After construction is completed and all applicable fines received by the town, any remaining
deposit shall be refunded or the bond shall be returned.
(Ord. 658 § 3 (part), 2005)
15.30.080 - Appeal of penalties.
A.
A penalty imposed pursuant to this chapter may be appealed to a hearing panel, as described in
subsection E of this section, on the grounds that the property owner was unable to comply with
the applicable time limit for reasons beyond the control of the property owner and the owner's
representatives. There shall be no right to appeal until construction is completed.
B.
The grounds for appeal shall include, but not be limited to, labor stoppages, acts of war or
terrorism, and natural disasters, but shall not include delays caused by the winter rainy season,
the issuance of any stop work order, the use of custom and/or imported materials, the use of
highly specialized subcontractors, significant or numerous or late design changes, site access
difficulties, failure of materials suppliers to provide materials in a timely manner, or delays
associated with project financing, unless a failure or delay was caused by a labor stoppage, act of
war or terrorism or natural disaster.
C.
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The appeal of penalties shall be filed in writing with the building official within ten calendar days
from the date of construction completion, with payment of an appeal fee in the amount
established from time to time by resolution of the city council. The building official shall notify the
appellant in writing of the date of the hearing on the appeal. Such notice shall be sent at least two
weeks before the date of the hearing, which shall be held no later than sixty days after the date of
filing of the appeal. Notice to persons other than the appellant shall not be required; the hearing
shall not be a public hearing.
D.
At the time the appeal is filed or within two weeks thereafter, the appellant shall submit
documentary and other evidence sufficient to establish that design decisions, construction
drawings and documents, bids and construction contracts, permit applications, and compliance
with all required permit conditions were undertaken in a diligent and timely manner. Documentary
evidence shall include dated design contracts, date stamped plans, dated construction contracts
and material orders, and proof of timely payment of any deposits or fees required pursuant to any
of the foregoing items. The documentary and other evidence shall demonstrate to the hearing
panel's satisfaction that construction delays resulted from circumstances fully out of the
applicant's control and despite diligent and clearly documented efforts to achieve construction
completion within the applicable time limit. Penalties shall not be modified or cancelled unless the
evidence required by this subsection is submitted at the time of appeal.
E.
The hearing panel shall consist of the two persons who are the mayor's appointees to the hearing
panel set forth in Section 8.16.050 (), plus a third person appointed by the building official. The
third person shall be knowledgeable in construction matters.
F.
The hearing panel shall affirm, modify or cancel the penalty based on the evidence submitted
pursuant to subsection D of this section.
(Ord. 658 § 3 (part), 2005)
15.30.090 - Applicability and enforcement.
A.
This chapter shall apply to all construction for which a building permit was issued on or after the
effective date of the ordinance codified in this chapter.
B.
Any penalty due under Section 15.30.070 () in excess of the deposit made under Section 15.30.080
() shall be a personal debt owned to the town by the property owner(s) and, in addition to all other
means of enforcement and collection, shall become a lien against the subject property and shall
be subject to the same penalties (including interest thereon at the maximum rate allowed by law
from the date the lien attaches until the date of payment) and the same procedure and sale in
case of delinquency as provided for ordinary municipal taxes.
(Ord. 658 § 3 (part), 2005)
Chapter 15.32 - WIRELESS COMMUNICATIONS FACILITIES
Sections:
FOOTNOTE(S):
--- (3) --Editor's note— Ord. No. 713, § 1, adopted April 7, 2014, amended chapter 15.32 in its entirety to read
as herein set out. Former chapter 15.32, §§ 15.32.010—15.32.150, pertained to similar subject matter.
See Ordinance List for complete derivation.
15.32.010 - Purpose, intent, and application.
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A.
The purpose of this chapter is to regulate the installations and operations of various wireless
communications facilities ("WCFs") in the town recognizing the benefits of wireless
communications while reasonably respecting other important town needs, including the
protection of public health, safety and welfare.
B.
The overarching intent of this chapter is to make wireless communications reasonably available
while preserving the essential rural character of the town. This will be realized by:
1.
Minimizing the visual and physical effects of WCFs through appropriate design, siting,
screening techniques, and location standards,
2.
Encouraging the installation of WCFs at locations where other such facilities already exist, and
3.
Encouraging the installation of such facilities where and in a manner such that potential
adverse impacts to the town are minimized.
C.
To allow the town to better preserve the established rural character of the town, it is the intent to
limit the duration of WCF permits, in most cases, to terms of ten years, and to reevaluate existing
WCFs at the end of each term.
D.
It is not the purpose or intent of this chapter to:
1.
Prohibit or to have the effect of prohibiting wireless communications services, or to regulate
the placement, construction or modifications of WCFs on the basis of the environmental
effects of radio frequency (RF) emissions where it is demonstrated that the WCF does or will
comply with the applicable FCC regulations, or
2.
Unreasonably discriminate among providers of functionally equivalent wireless
communications services.
E.
This chapter does not apply to WCFs owned by or exclusively operated for government agencies,
amateur radio stations, satellite dish or other television Antennas or other OTARD Antennas, or
towers as defined and governed by Chapter 15.36 (), except to the extent that such towers may be
used to support WCFs.
F.
Nothing in this chapter is intended to allow the town to preempt any state or federal law or
regulation applicable to a WCF.
G.
The provisions of this chapter are in addition to, and do not replace, obligations a WCF permit
holder may have under franchises, licenses, or other permits issued by the town.
(Ord. No. 713, § 1, 4-7-2014)
15.32.020 - Definitions.
For the purposes of this chapter, certain terms shall have meanings as follows:
A.
"Antenna" means a device used to transmit and/or receive radio or electromagnetic waves
such as but not limited to panel antennas, reflecting discs, panels, microwave dishes, Whip
Antennas, directional and non-directional antennas consisting of one or more elements,
multiple antenna configurations, or other similar devices and configurations.
B.
"Antenna array" shall mean two or more antennas having active elements extending in one or
more directions, and directional antennas mounted upon and rotated through a vertical mast
or tower interconnecting the beam and antenna support, all of which elements are deemed to
be part of the antenna.
C.
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"Base station" shall mean the antennas, cables, signal modulating and demodulation
transmission and switching equipment associated with a wireless communications facility, but
does not include the support structure, wireless tower or support equipment.
D.
"Building and planning director" means the Town of Hillsborough's Director of the Building
and Planning Department
E.
"Camouflaged or concealed WCF" means a wireless communications facility that (i) is
integrated as an architectural feature of an existing Structure such as a cupola, or (ii) is
integrated in an outdoor fixture such as a flagpole; or (iii) uses a design which mimics and is
consistent with nearby natural, or architectural features, or is incorporated into or replaces
existing permitted facilities (including but not limited to stop signs or other traffic signs or
freestanding light standards) so that the presence of the WCF is not readily apparent.
F.
"City council" means the City Council of the Town of Hillsborough, California.
G.
"City manager" shall mean the City Manager of the Town of Hillsborough, California.
H. "Code" means the Hillsborough Municipal Code.
I.
"Co-location" or "collocation" or "collocated" means the mounting or installation of new base
station equipment on a support structure or wireless tower to which base station equipment
associated with a WCF is already attached by a different legal entity.
J.
"CPUC" means the California Public Utilities Commission.
K.
"Distributed antenna system," "DAS," means a network of one or more Antennas and related
fiber optic nodes typically mounted to streetlight poles, or utility poles, which provide access
and signal transfer for wireless service providers. DAS also includes the equipment location,
sometimes called a "hub" or "hotel" where the DAS network is interconnected with one or
more wireless service provider's facilities to provide the signal transfer services.
L.
"FCC" means the Federal Communications Commission.
M.
"Lattice tower" means an open framework structure used to support one or more Antennas,
typically with three or four support legs.
N.
"Minor modification" means an application to alter, or replace an existing WCF, or to collocate
a WCF, or to install a new WCF of a type or in an area approved by the city council for
streamlined processing (a) where granting the application would not violate any of the terms
or conditions of an existing permit and (b) where:
1.
Granting the application would not create a safety hazard, whether from wind loading,
stress on the support structure or wireless tower, or in any other manner.
2.
For a camouflaged or concealed WCF, the proposed modification is consistent with the
design of the prior-existing camouflaged or concealed WCF, and would not result in a WCF
being more visible. By way of example, an alteration to a WCF disguised as a tree that
made the tree larger than other vegetation in the vicinity would make the WCF more
visible, even if the increase in size is consistent with other provisions of this chapter.
3.
Granting the application would not intrude upon or additionally burden any
environmentally sensitive area, or incommode the public in its use of any rights-of-way.
4.
The application would not alter the size of any structure or outdoor fixture to which the
antenna is attached, and would not change by more than ten percent in any direction any
of the following: the height or width in any direction of any other type of support structure
or wireless tower, or the area required for facilities required to support the support
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structure or wireless tower, such as guy wires. The ten percent change shall be measured
against the size of the wireless tower or support structure at the time a WCF was first
attached to it. By way of example, if a collocation had previously been approved that
added ten percent to the height of a wireless tower, and a subsequent application was
filed that would increase the height by an additional ten percent, the second application
would be treated as a major modification. Notwithstanding this provision, if a wireless
tower and support structure was thirty-five feet or less above ground level, and the
proposed application would increase the size of the wireless tower or support structure
so that it is higher than thirty-five feet above ground level, the modification shall be not be
considered a minor modification.
5.
The application would not result in an antenna extending more than six feet vertically
from the support structure or wireless tower. Notwithstanding this provision, if the
highest point of an antenna was thirty-five feet or less above ground level, and the
proposed application would result in an antenna whose highest point is higher than thirtyfive feet above ground level, the modification shall not be considered a minor
modification.
6.
The application would not require changing by more than ten percent any of the height or
area encompassed within any structure or object enclosing a WCF, or a part of a WCF such
as a fence or line of bushes.
7.
The application would not require changing any of an existing antenna or antenna array
depth, circumference or horizontal radius (whether by addition of antennas or
modification of the existing antennas) in any direction by more than ten percent.
8.
The application would not increase the visibility of any part of the base station or support
equipment other than the antenna, or require installation of three or more new cabinets
or enclosures, but excluding equipment and cabinets that will be installed underground.
9.
The application would not result in an alteration of a structure or support structure
otherwise inconsistent with the Code.
Notwithstanding the foregoing, a minor modification also includes any collocation or
modification that was pre-approved by the town unless it is determined that conditions at the
location have changed substantially since the pre-approval; and any collocation approved
pursuant to Cal. Gov. Code Section 65850.6.; and any modification deemed by the City
Manager or his or her designee to have little or no negative visual effect.
O. "Monopole" means a single freestanding pole used to act as or support an externally mounted
antenna or antenna arrays.
P.
"OTARD antennas" means antennas covered by the "Over-the-Air Reception Devices" rule in 47
C.F.R. Section 1.4000 et seq. as may be amended or replaced from time to time.
Q. "Outdoor fixture" has the same meaning as "outdoor fixture" under Section 12.12.010 () of this
Code.
R.
"Public property" means property owned or under the control of the town and specifically
excludes the town's rights-of-way. By way of example and not limitation, public property
includes structures and outdoor fixtures owned by the town.
S.
"Public works director" means the director of public works of the town or his or her designee.
T.
"Radome" means a visually-opaque, radio frequency transparent enclosure which may contain
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one or more antennas, cables and related facilities therein.
U.
"Rights-of-way" refers to public streets and rights-of-way, as those terms are defined in
Section 1.04.010 ()(K) and Section 17.08.220 () of this Code.
V.
"Structure" has the same meaning as "structure" under Section 17.08.270 () of this Code but
for purposes of this chapter does not include utility poles or towers as defined in Chapter
15.36 ()
W.
"Support equipment" means the physical, electrical and/or electronic equipment included
within a wireless communications facility used to house, power, and/or process signals from
or to the WCF's antenna or antennas but specifically excluding the base station.
X.
"Support structure(s)" means a structure, outdoor fixture, tower as defined in Chapter 15.36 (),
or utility pole capable of safely supporting a WCF, but does not include a wireless tower.
Y.
"Town" means the Town of Hillsborough, California.
Z.
"Unipole" means a uniform width pole with one or more antennas and associated equipment
and cables contained within the interior of the pole, and with a radome at the top of the pole
being the same width as the pole.
AA. "Utility pole" means a steel or wood pole or structure located in the rights-of-way and
dedicated to use by multiple utilities and providers of communications franchised by the
state or town.
BB.
CC.
"Whip antenna" means a vertically-oriented omni-directional antenna.
"Wireless communications facility" or "WCF" means a facility used to provide personal
wireless services as defined at 47 U.S.C. Section 332(c)(7)(C); or wireless information services
provided to the public or to such classes of users as to be effectively available directly to the
public via licensed or unlicensed frequencies; or wireless utility monitoring and control
services. A WCF does not include a facility entirely enclosed within a permitted building
outside of the Rights-of-Way where the installation does not require a modification of the
exterior of the building; nor does it include a device attached to a building, used for serving
that building only and that is otherwise permitted under other provisions of the Code. A WCF
consists of an antenna or antennas, including, but not limited to, directional, omni-directional
and parabolic antennas, base station, support equipment, and (if applicable) a wireless tower.
It does not include the support structure to which the WCF or its components is attached. The
term does not include mobile transmitting devices used by wireless service subscribers, such
as vehicle or hand held radios/telephones and their associated transmitting Antennas, nor
does it include other facilities specifically excluded from the coverage of this chapter.
DD. "Wireless tower" means any structure, such as a lattice tower, monopole or unipole, built for
the sole or primary purpose of supporting a WCF. A support structure which is modified or
replaced to allow for the installation of all or a portion of a WCF retains its prior use as its
primary use, and the wireless use is only a secondary use thereof, even if the WCF is the only
attachment to the support structure.
(Ord. No. 713, § 1, 4-7-2014)
15.32.030 - Permitted use.
Subject to compliance with this chapter and other applicable provisions of this Code and other law,
WCFs are a permitted use in the residence district ("RD") which includes the rights-of-way.
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(Ord. No. 713, § 1, 4-7-2014)
15.32.040 - Permit required; estimated deposits; pre-application meetings.
A.
A WCF may not be installed or modified without a permit, except as provided herein. Removal of a
WCF does not require a permit under this chapter, but removal must be performed in strict
compliance with this chapter.
B.
A permit shall not be issued:
C.
1.
Unless the applicant shows that it has the necessary permission to place the WCF as proposed
on private property or public property that it proposes to occupy (including the authority to
make modifications to any support structure or wireless tower associated with the installation
or modification); and
2.
In the case of a WCF in the rights-of-way unless the applicant holds a franchise, license or
similar authorization from the town or the state that entitles it to occupy the rights-of-way to
install or modify a WCF.
A permit shall not be effective and shall not authorize installation or modification of any WCF or
installation or modification of a support structure or wireless tower unless the conditions of this
paragraph are satisfied. A permit may be revoked prior to its effective date.
1.
Applicant must obtain all other required permits, authorizations, approvals or declarations
that may be required for installation or modification of the WCF or for installation or
modification of the support structure under federal, state or local law, including but not
limited to building permits, CEQA declarations, or FCC approvals. A WCF permit is not in lieu of
any other permit required under the Town Code, except as specifically provided herein, nor is
it a franchise, license or other authorization to occupy the rights-of-way, or a license, lease or
agreement authorizing occupancy of any other private or public property. It does not create a
vested right in occupying any particular location, and a permittee may be required to move
and remove facilities at its expense consistent with other provisions of applicable law.
2.
Applicant must provide proof to the town that it has obtained all insurance and/or security
required by the Code, and must pay any fees owed to the town.
D.
A permit issued in error, based on incomplete or false information submitted by an applicant or
that conflicts with the provisions of this chapter is not valid.
E.
The WCF applicant shall submit an application as specified in Section 15.32.050 () together with a
deposit, estimated by the city manager or his or her designee, to cover the town's application
processing costs.
F.
Where the tendered deposit has been consumed in the processing of the application, the city
manager or his or her designee may require the applicant to promptly tender additional deposit(s).
G.
The WCF applicant shall also deposit with the town the amount estimated to pay for any
compliance report required under Section 15.32.100 () of this chapter.
H. If required by the city manager or his or her designee the applicant shall deposit with the town
funds sufficient to reimburse the town for third-party review of an application, and any
supplemental deposit required by the city manager or his or her designee for the completion of
the third-party review of the application and/or the third-party reviewer providing testimony
before the town regarding the application.
I.
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Upon the approval, denial, or termination of the WCF application any unexpended portion of the
deposits shall be returned to the applicant. If the deposits did not cover the town's costs, the town
will charge the WCF applicant therefore, and in the event of an approval of the WCF the Town shall
not issue the permit until such charge is fully paid.
J.
Two pre-application meetings with town staff are recommended for WCFs. The first meeting
should take place at the earliest stage of site location research and should include a service area
map and description of the type of WCF sought. The second meeting should take place after the
site is selected and should include a preliminary site plan and visual impact drawings. These
meetings are voluntary.
(Ord. No. 713, § 1, 4-7-2014)
15.32.050 - Application required; contents of permit application.
A.
In all cases an applicant for a WCF permit shall utilize the form of application required by the town.
The city manager is authorized to prepare forms of application, and may develop forms of
application that distinguish between different types of installations and modifications in order to
streamline processing of applications, and to comply with legal requirements.
B.
An applicant shall tender a WCF permit application and any revisions thereto by appointment only.
The town shall ensure that applicant's appointments are scheduled no later than five business
days following the applicant's request.
C.
Pending development of the form of application by the city manager, applicants may apply for a
WCF permit by submitting the following information:
1.
The name of the entity or entities that will own, and be responsible for the installation and
maintenance of the WCF and any support structure installed as part of the installation of the
WCF;
2.
Whether applicant believes that the WCF is subject to the provisions of 47 U.S.C. Section 332(c)
(7), and if so, who the entity is that will be providing personal wireless services;
3.
Whether and why the applicant believes that the WCF is subject to 47 U.S.C. Section 1455(a) or
Cal. Gov. Code Section 65850.6;
4.
Scaled site plans and elevations, including structural safety information, and clearly identifying
the components and location of the proposed WCF (including any utility boxes within the
meaning of Chapter 12.12 () of the Code) and the support structure, if any, that will be utilized;
5.
A written and technically accurate and reliable narrative explaining the nature of the permit
sought (new installation, modification of existing installation, minor modification, other
modification); the authorizations required for the installation or modification, and steps that
applicant has taken to comply with the Code;
6.
For new installations, or modifications other than minor modifications, the purpose and need
for the WCF or for the modification of the WCF, and whether applicant contends that the WCF
or modification of the WCF is required to close a significant gap in coverage;
7.
For new installations or modifications other than minor modifications, signal coverage maps if
applicant contends that the WCF or modification of the WCF is required to close a significant
gap in coverage;
8.
For new installations or modifications other than minor modifications, the alternatives
considered;
9.
Site photos and visual simulations of the proposed WCF as constructed or modified;
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10. Documentation of all current and proposed radio frequency emissions from the WCF shall be
provided on the form found in Appendix A of the FCC publication, "A Local Government
Official's Guide to Transmitting Antenna RF Emission Safety: Rules, Procedures, and Practical
Guidance" dated June 2, 2000 (the "Guidance"), or on a form that contains all of the same
information as in Appendix A of the Guidance, or on a form or in a manner promulgated by
the FCC;
11. Information regarding the ownership of the property and Support structure or wireless tower
on which the WCF will be located, showing applicant has authorization from the owner(s) of
the property and/or support structure or wireless tower to pursue the WCF application;
12. Any CEQA-related determinations made with respect to the proposed modification or
installation; and
13. For installations in the rights-of-way, written evidence of a franchise, license or similar
authorization from the town or the state that entitles the applicant to occupy the rights-ofway.
D.
Where a WCF is part of a network of WCFs that will be installed contemporaneously or
sequentially, such as a distributed antenna system or DAS, the applications for each of the facilities
in the proposed network shall be submitted simultaneously.
(Ord. No. 713, § 1, 4-7-2014)
15.32.060 - Review of permit application; noticing.
A.
The city manager or his or her designee shall review all WCF permit applications for completeness
and compliance with the provisions of this chapter and other applicable laws and regulations.
Generally, the city manager will designate the public works director to be lead reviewer for
applications for placement of WCFs in the rights-of-way, and will designate the building and
planning director to be lead reviewer for applications for placement of WCF on private property
and public property.
B.
Once the WCF permit application has been deemed complete, a Type A Notice (as described in
Chapter 1.20 ()) of the WCF shall be provided by the town to all owners of real property any part of
which is located within 500 feet of the real property, or if the WCF is to be located in the town's
rights-of-way within five hundred feet of the proposed WCF location
C.
Notwithstanding the above, for a minor modification, or for modifications of facilities in the rightsof-way, a Type B Notice (as described in Chapter 1.20 ()) shall be provided to all owners of real
property any part of which is located adjacent to the real property upon which the WCF is located,
or if the WCF is to be located in the town's rights-of-way to owners of real property any part of
which is located adjacent to the WCF location.
(Ord. No. 713, § 1, 4-7-2014)
15.32.070 - Design standards.
A.
The purpose of this Section is to identify preferences and requirements for the location and design
of WCFs, to provide guidance to prospective applicants as they seek appropriate WCF locations
within the TOWN, AND TO PROVIDE GUIDANCE TO THE CITY MANAGER in determining whether to
grant, grant with conditions, or to deny a WCF application.
B.
The location for a WCF should take into consideration the following preference order (with (1)
being the highest preference):
1.
Public property;
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2.
Existing utility poles (with poles without electric distribution lines being favored over poles
supporting electric distribution lines); or other support structures or wireless towers where
collocation has been pre-approved (where the application is consistent with the pre-approval);
3.
Existing support structures or wireless towers on nonresidential private property; and
4.
New concealed WCF in the rights-of-way or on private property.
C.
WCFs should be collocated with existing WCFs, if within one thousand five hundred feet of an
existing visible WCF, unless the town determines that the particular design proposed would not
create excessive visual clutter or would otherwise create harms the town may ameliorate.
D.
A WCF located in the rights-of-way:
E.
F.
G.
1.
Shall, with respect to its pole-mounted components, be located on an existing utility pole
serving another utility, or
2.
Shall be located in a concealed WCF consistent with other existing natural or manmade
features in the rights-of-way near the location where the WCF is to be located; or
3.
Shall, with respect to its pole-mounted components, be located on a new utility pole where
other telephone distribution lines are aerial, if there are no reasonable alternatives, and the
applicant is authorized to construct new utility poles.
The pole-mounted components of a WCF on a Utility Pole shall whether in or outside of the Rightsof-Way:
1.
Comply with CPUC General Order 95 and General Order 128 as they may be amended or
replaced;
2.
Be consistent with the size and shape of pole-mounted equipment installed by
communications companies on utility poles near the WCF.
The ground-mounted components of a WCF shall, whether in or outside of the rights-of-way:
1.
To the extent the structures are utility boxes within the meaning of this Code, be reviewed and
subject to the same approvals as utility boxes installed by other communications companies;
and
2.
Shall be located flush to grade where necessary to avoid incommoding the public, or creating
a hazard;
3.
To the extent permitted aboveground, shall otherwise be appropriately screened, landscaped
and camouflaged to blend in with the surroundings, and non-reflective paints shall be used.
Unless it is determined that there is no less intrusive alternative available to close a significant gap
in the service provided by a WCF; or it is determined that the town is legally required to approve an
application, the city manager or his or her designee may not approve an application for a WCF
whose highest point would be more than thirty-five feet above surrounding ground level except as
follows:
1.
The support structure or wireless tower to which the WCF would be attached is an existing
support structure or wireless tower, was taller than thirty-five feet above the immediate
surrounding ground level on January 1, 2014, and the WCF will not be higher than ten feet
above the highest point of the support structure or wireless tower and attachments thereto in
existence on January 1, 2014;
2.
The WCF will be a concealed WCF, whose height and design is consistent with the surrounding
features it mimics.
H.
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Unless it is determined by the town that there is no less intrusive alternative available to close a
significant gap in the service provided by a WCF; or it is determined that the town is legally
required to approve an application, the city manager may not approve an application for a WCF
where the application proposes a design that would require extensions from any support
structure inconsistent in size with the extensions otherwise permitted under the Code.
I.
A WCF shall be designed and located to minimize the impact on the surrounding neighborhood,
and to maintain the character and appearance of the town, consistent with other provisions of the
Code. To that end, WCFs should:
1.
Employ the least intrusive design for the proposed location in terms of size, mass, visual and
physical impact, and effects on properties from which the WCF is visible; and
2.
Accommodate collocation consistent with the other design requirements of this chapter.
3.
Be consistent with the general plan.
J.
Without limiting the foregoing, all portions of a WCF affixed to a support structure shall be
designed to blend in or be screened from view in a manner consistent with the support structure's
architectural style, color and materials, when viewed from any part of the town. WCFs shall be
painted and textured or otherwise camouflaged to match the color and texture of the support
structure on which they are mounted. Where the support structure is a building, the WCF,
including without limitation base station cabinets, remote transmitters and receivers, and antenna
amplifiers, shall be placed within the building or mounted behind a parapet screened from public
view unless that is not feasible. If the director determines that such in-building placement is not
feasible, the equipment shall be roof-mounted in an enclosure or otherwise screened from public
view as approved by the director.
K.
WCFs shall not be lighted except with the authorization of the city manager or his or her designee.
The city manager or his or her designee may permit lighting at the lowest intensity necessary:
1.
For proximity-triggered and/or timer-controlled security lighting; or
2.
To comply with regulations for the illumination of the any flag attached to a WCF; or
3.
Where such lighting is required by the city manager or his or her designee to protect public
health or welfare, or as part of the camouflage for a particular design.
L.
No advertising signage shall be displayed on any WCF except for government required signs
shown in the WCF permit application. Additionally site identification, address, warning and similar
information plates may be permitted where approved by the city manager or his or her designee.
M.
The WCF shall comply with all requirements of the Americans With Disabilities Act of 1990 ("ADA")
as may be amended or replaced.
N.
The WCF shall not incommode the public (including without limitation, persons with disabilities) in
its use of any structure, or any portion of the rights-of-way.
O. All wireless towers shall be concealed. The installation of an uncamouflaged wireless tower is
prohibited.
(Ord. No. 713, § 1, 4-7-2014)
15.32.080 - Approval or disapproval of an application.
A.
The city manager or his or her designee may approve or conditionally approve an application only
after:
1.
The application is deemed complete; and
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C.
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2.
Fifteen days has elapsed from the postmark date required under Section 15.32.060 () B. or C.
of this chapter (if applicable); and
3.
Any action required under Section 2.12.070 () has been taken.
The city manager or his designee may disapprove an application in any of the following instances:
1.
The applicant has not shown that the application conforms to the requirements of this
chapter; or
2.
The applicant has failed to submit any additional information requested by the city manager
or his or her designee by the due date specified by the city manager or his or her designee, or
3.
The applicant has not provided to the town all of the required information required by this
chapter to permit the city manager to approve, approve with conditions, or deny the
application taking into account legal deadlines affecting the town's consideration of the
application.
It is the applicant's burden to show that a permit should be granted. In reviewing an application,
the city manager may consider the WCF as proposed, and as it may be modified as a matter of
right should the application be granted. In determining whether to grant, deny or condition an
application, the city manager or his or her designee may consider the following and such other
matters as the city manager or his or her designee may be entitled or required to consider as a
matter of law:
1.
Whether the WCF and support structure additions and modifications proposed are consistent
with the general plan and will not adversely affect the policies and goals set forth therein or
alter the rural character of the community;
2.
Except as to minor modifications, or where the town is prohibited from considering it by law,
whether the applicant has shown that the proposed WCF is necessary to close a significant gap
in coverage and has further shown that its proposal is the least intrusive means of closing a
significant gap;
3.
Whether the WCF and support structure modifications and additions proposed, comply with
the design standards herein, and other applicable provisions of the Code;
4.
Whether the WCF and support structure modifications and additions proposed comply with
applicable safety codes and laws (including without limitation the ADA), interfere with the
public's use of rights-of-way, or create undue risks to persons or property;
5.
Whether the applicant has made the required affirmation regarding compliance with the FCC's
RF regulations, as the same may be amended;
6.
Whether the applicant is authorized to file the application;
7.
Whether the applicant has or will have necessary local, state or federal regulatory approvals
required in connection with the WCF (including but not limited to necessary CEQA approvals, if
any; and approvals for utility box design under this Code, or for Structures on private property
under Section 2.12 ()); and
8.
Whether alternative designs or locations would be more consistent with the general plan and
otherwise minimize the impact of the WCF and support structure modifications and additions
required.
Nothing herein permits the city manager to impose conditions or conduct a review
inconsistent with any pre-approval or with Cal. Gov. Code Section 65850.6, where applicable in
connection with a particular application.
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D.
If the city manager or his or her designee determines that an application should be approved,
denied, or should be conditionally approved, he or she shall make written findings referencing
substantial evidence in the town's written administrative record in support of the action. The
applicant and each person submitting comments on the application shall receive a copy of the
town's written decision and findings with respect to the decision. Such copy shall also plainly state
the process and deadline for filing an appeal to the city council. Unless timely appealed, the
decision will be final except as provided in Sections 15.32.040 () C. and 15.32.080 () E. herein.
E.
Notwithstanding any other provision of this chapter to the contrary, the city manager or his or her
designee may recommend to the city council that, notwithstanding the evidence supporting denial,
an application be approved if he or she makes a finding that the applicant has demonstrated that
the refusal to grant such an exception and approve the application would prohibit or have the
effect of prohibiting the provision of personal wireless services within the meaning of 47 U.S.C.
Section 332(c)(7), or finds that the town authority to deny the application is otherwise preempted
or prohibited by state or federal law. If a recommendation is made under this provision, the
recommendation will be promptly submitted to the city council for final determination.
F.
A WCF located on private property shall also be subject to the provisions of Chapter 2.12 () of this
Code to the extent that it involves a modification to a Support Structure which is also subject to
review under the provisions of Chapter 2.12 ()
(Ord. No. 713, § 1, 4-7-2014)
15.32.090 - Appeal to city council.
A.
Within fifteen calendar days following the date of the city manager's or his or her designee's
written decision on the WCF application, any person or entity may appeal the decision to the city
council.
B.
Where an appeal is timely filed, the city manager or his or her designee shall prepare a staff report
regarding the original decision and shall submit the report to the city council along with the written
notice of appeal submitted by the appellant, and shall make the written record available to the city
council.
C.
The appeal before the city council shall be a public hearing and shall be noticed as set forth in
Section 1.20.010 () A. of this Code; provided, however, that the mailing list of persons to whom the
permit application is sent shall be governed by Section 15.32.060 () B. or C. of this chapter instead
of the Type A or Type B notice mailing list described in Section 1.20.010 () of this Code and
provided further that the appellant shall be deemed the person requesting the public hearing for
purposes of Section 1.20.010 () A.3. of this Code. The appellant shall bear all costs for the appeal.
In all other cases not described herein, a Type B notice of the appeal shall be mailed consistent
with this section.
D.
The city council shall hear the appeal at the next regular city council meeting after allowing for
sufficient time for the city manager or his or her designee to prepare the written report and
compile the written record. To prevent applicants from withholding information or otherwise
abusing the appeal process, the city council has the discretion but is not required to hear
additional evidence, and may decide the matter solely on the record that was before the city
manager.
E.
The city council may accept or reject, wholly or in part, or may modify, the decision or any
recommendations made by the city manager. If the decision of the city council regarding the WCF
appeal is to deny the WCF or conditionally approve the WCF, the city council shall direct the
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manager or his or her designee to prepare written finding(s) referencing substantial evidence in
the town's written administrative record and such writing finding shall be provided to the city
council for adoption. The applicant and any appellant on the application shall receive a copy of the
final written decision approved by the city council.
F.
The city council may also remand the application to the building and planning director or public
works director for further consideration with such instructions as the city council deems
appropriate.
(Ord. No. 713, § 1, 4-7-2014)
15.32.100 - Compliance report.
A.
Within thirty days after installation of a WCF, the applicant shall demonstrate to the city manager
or his or her designee that its WCF as constructed and normally-operating fully complies with the
conditions of the permit, including height restrictions, and applicable safety codes, including
structural engineering codes. The demonstration shall be provided in writing to the city manager
or his or her designee containing all technical details to demonstrate such compliance, and
certified as true and accurate by qualified professional engineers, or, in the case of height or size
restrictions, by qualified surveyors. This report shall be prepared by the applicant and reviewed by
the town at the sole expense of the applicant, which shall promptly reimburse the town for its
review expenses. The city manager may require additional proofs of RF emission compliance as
part of the application process and on an ongoing basis to the extent the town may do so
consistent with federal law.
B.
If the report required in subsection A. of this section shows that the WCF does not so comply, the
permit shall be deemed suspended, and all rights thereunder of no force and effect, until the
applicant demonstrates to the town's satisfaction that the WCF is compliant. Applicant shall
promptly reimburse the town for its compliance review expenses.
C.
If the initial report required by this section is not submitted within the time required, the city
manager or his or her designee or its selected and qualified professionals may, but is not required
to, undertake such investigations as are necessary to prepare the report described in paragraph A.
Applicant shall within five days after receiving written notice from the city manager or his or her
designee that the town is undertaking the review, shall deposit such additional funds with the city
manager or his or her designee to cover the estimated cost of the town obtaining the report. Once
said report is obtained by the town, the town shall then timely refund any unexpended portion of
the applicant's deposit. The report shall be provided to the applicant. If the report shows that the
applicant is non-compliant, the town may suspend the permit until the applicant demonstrates to
the town's satisfaction that the WCF is compliant. During the suspension period, the Applicant shall
be allowed to activate the WCF for short periods, not to exceed one hundred twenty minutes
during any twenty-four-hour period for the purpose of testing and adjusting the site to come into
compliance.
D.
If the WCF is not brought into compliance promptly, the town may revoke the permit and require
removal of the WCF.
(Ord. No. 713, § 1, 4-7-2014)
15.32.110 - Standard conditions.
A.
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Any validly-issued WCF permit granted hereunder shall be effective for a period of exactly ten
years from the date of issuance, except where a shorter term is authorized by Cal. Gov. Code
Section 65964(b) as may be amended or replaced. Any renewal application must be tendered to
the city manager or his or her designee between 365 days and 180 days prior to the expiration of
the current WCF permit, and shall be accompanied by all required fees and deposits for a new WCF
application as then in effect.
B.
As a condition of every permit issued pursuant to this chapter, the city manager or his or her
designee may establish a reasonable construction build-out period for a WCF.
C.
The WCF permit holder shall also comply with Chapter 12.04 () and all other requirements of this
Code.
D.
The WCF permit holder shall obtain and maintain all other applicable permits, approvals, and
agreements necessary to install and operate the WCF in conformance with federal, state, and local
laws, rules, and regulations.
E.
The town may inspect permitted facilities and property and may enter onto a site to inspect
facilities upon reasonable notice to the WCF permit holder. In case of an emergency or risk of
imminent harm to persons or property within the vicinity of permitted facilities, the town reserves
the right to enter upon the site of the WCF and to support, disable, or remove those elements of
the WCF posing an immediate threat to public health and safety.
F.
The WCF permit holder shall maintain on file with the town and onsite at the WCF contact
information of all parties responsible for maintenance of the WCF.
G.
The WCF permit holder and, if applicable, the private property owner shall defend, indemnify and
hold harmless the Town of Hillsborough, its agents, officers, officials, and employees (i) from any
and all damages, liabilities, injuries, losses, costs and expenses and from any and all claims,
demands, law suits, writs of mandamus, and other actions or proceedings brought against the
town or its agents, officers, officials, or employees to challenge, attack, seek to modify, set aside,
void or annul the town's approval of the WCF permit, and (ii) from any and all damages, liabilities,
injuries, losses, costs and expenses and any and all claims, demands, law suits, or causes of action
and other actions or proceedings of any kind or form, whether for personal injury, death or
property damage, arising out of or in connection with the activities or performance of the WCF
permit holder or, if applicable, the private property owner or any of each one's agents, employees,
licensees, contractors, subcontractors, or independent contractors ((i) and (ii) collectively are
"Actions"). Further, WCF permit holders shall be strictly liable for interference caused by their WCFs
with the town's communications systems. The WCF permit holder shall be responsible for costs of
determining the source of the interference, all costs associated with eliminating the interference,
and all costs arising from third party claims against the town attributable to the interference
("Claims"). In the event the town becomes aware of any such actions or claims the town shall
promptly notify the WCF permit holder and the private property owner and shall reasonably
cooperate in the defense. It is expressly agreed that the town shall have the right to approve,
which approval shall not be unreasonably withheld, the legal counsel providing the town's
defense, and the property owner and/or WCF permit holder (as applicable) shall reimburse town
for any costs and expenses directly and necessarily incurred by the town in the course of the
defense.
H.
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A permit may be terminated if the town determines that the permit was granted based on false,
misleading or incomplete information; if a material provision of the permit is no longer
enforceable; or if the permit holder violates a condition of the permit, or modifies the WCF or
support structures without permission.
I.
The WCF permit holder shall file with the town, and shall maintain in good standing throughout the
term of the WCF permit, a performance bond or other surety or another form of security for the
removal of the WCF in the event that the use is abandoned or the permit expires, or is revoked, or
is otherwise terminated. The security shall be in the amount equal to one hundred fifteen percent
of the cost of physically removing the WCF and all related facilities and equipment on the site. The
WCF permit holder shall reimburse the town for staff time associated with the processing and
tracking of the bond, based on established hourly rates. Reimbursement shall be paid when the
security is posted.
J.
The WCF permit holder shall make a good faith effort to minimize project-related disruptions to
adjacent properties. Site improvement and construction work, including set-up, loading or
unloading of materials or equipment, performed as part of this project is subject to the provisions
of Section 8.32.040 (). Emergency maintenance and repairs are exempt from the restricted hours.
Violation of this condition may result in issuance of a stop work order or administrative citations.
(Ord. No. 713, § 1, 4-7-2014)
15.32.120 - Operational regulations.
A.
B.
All WCFs within the town shall be designed, maintained, and shall be operated at all times to
comply with the provisions of this chapter and the following other requirements:
1.
Conditions in any permit or license issued by a local, state, or federal agency, which has
jurisdiction over the WCF;
2.
Rules, regulations, and standards of the state and federal governments and the town,
including without limitation the FCC, the CPUC; and the Code;
3.
Easements, covenants, conditions, and/or restrictions on or applicable to the underlying real
property;
4.
Rules, regulations, and standards of the town governing underground utility districts;
5.
All other laws, codes, and regulations applicable to a WCF, including the California
Environmental Quality Act (CEQA).
Without limiting the foregoing, all WCFs shall be maintained in good working condition and to the
visual standards established at the time of approval over the life of the WCF permit. The WCF and
surrounding area shall remain free from trash, debris, litter, graffiti, and other forms of vandalism.
Any damage shall be repaired as soon as is practicable, and in no instance more than ten calendar
days from the time of notification by the town or after discovery by the WCF permit holder. If
landscaping was required, the landscaping must be maintained by the permittee.
(Ord. No. 713, § 1, 4-7-2014)
15.32.130 - Modification of a WCF permit.
A.
The town may modify a permit before its termination date where necessary to protect public
health and safety, or where the permit as issued is no longer enforceable in accordance with its
terms.
B.
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A permit holder may modify a permit by seeking either a minor modification or other modification.
Modifications other than minor modifications shall be treated the same as requests for a new
WCF.
C.
Requests for modifications will be reviewed in accordance with the provisions of the Code at the
time modification is sought, and not at the time the permit initially issued.
(Ord. No. 713, § 1, 4-7-2014)
15.32.140 - Revocation of a WCF permit.
A.
A WCF permit may be revoked if permittee is not in compliance with permit conditions, if the
permit conditions are not enforceable, or for a failure to comply with any provision of the Code
relating to the permit, or relating to the WCF associated with the permit ("Default Event"). By way
of example and not limitation, a refusal to timely remove facilities located in the rights-of-way
where required in connection with a public works project would be a Default Event.
B.
The city manager or his or her designee may revoke a WCF permit only after:
1.
Written notice of the Default Event has been provided to the WCF permit holder;
2.
The WCF permit holder has been afforded a reasonable opportunity to cure and comply with
its permit, or demonstrate that no Default Event occurred.
C.
If the WCF permit holder fails to cure, the city council or the city council through a designee shall
conduct a noticed public hearing where the WCF permit holder shall be afforded an opportunity to
speak and be heard and to provide written material prior to the hearing. If the city council, after
the public hearing, finds that the WCF or the WCF permit holder has violated any law regulating the
WCF or has failed to comply with the requirements of this chapter, the WCF permit, any applicable
agreement or any condition of approval the city council may revoke the permit.
D.
Upon revocation, the city council may require the removal of the WCF or take any other legally
permissible action or combination of actions necessary to protect the health and welfare of the
town.
(Ord. No. 713, § 1, 4-7-2014)
15.32.150 - Abandonment, removal or relocation of facilities.
A.
Any WCF permit holder who abandons or discontinues use of a WCF for a continuous period of
ninety days shall so notify the city manager or his or her designee by certified mail within thirty
days after the ninety-day period.
B.
If the city manager or his or her designee believes a WCF has been abandoned or discontinued for
a continuous period of ninety days, the city manager or his or her designee shall send a notice of
abandonment or discontinuation to the WCF permit holder stating why the town believes the WCF
to be abandoned or discontinued. Failure of the WCF permit holder to reply to the city manager or
his or her designee in writing within thirty days after receiving, rejecting, or returning the town's
certified letter shall entitle the city manager or his or her designee to make a determination that
the WCF is, in fact, abandoned or discontinued.
C.
Upon declaration of the city manager or his or her designee that the WCF is abandoned or
discontinued, as to private property, the WCF permit holder or owner of the affected real property
shall have ninety days from the date of the declaration or a further reasonable time as may be
approved by the city manager or his or her designee, within which to complete one of the
following actions:
1.
Reactivate use of the WCF;
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2.
Transfer the rights to use the WCF to another entity (who shall be subject to all the provisions
of this chapter) and the entity immediately commences use of the WCF; or
3.
Remove the WCF and any supporting structures installed solely in connection with the WCF,
and restore the site to be consistent with the then-existing surrounding area.
If after the ninety-day time period set forth in subsection C. of this section none of the required
actions in subsections C.1. through C.3. of this section has occurred, the city council at a noticed
public hearing may declare that the WCF is deemed abandoned. The city manager or his or her
designee shall provide notice of such finding to the WCF permit holder and to the telecom carrier
last known to use the WCF and, if applicable, to the owner of the affected private real property,
providing thirty days from the date of the notice within which to complete one of the following
actions:
1.
Reactivate use of the WCF, subject to the terms and conditions of the applicable WCF permit;
2.
Transfer the rights to use the WCF to another operator (who shall be subject to all the
provisions of this chapter); or
3.
Remove the WCF and any supporting structures installed solely in connection with the WCF,
and restore the site to be consistent with the then-existing surrounding area.
E.
If there is no reactivation, transfer or removal as set forth in subsection D. of this section, the town
may thereafter remove the abandoned WCF, repair any and all damages to the premises caused
by such removal, and otherwise restore the premises as is appropriate to be in compliance with
applicable codes. If the town removes the WCF, the town may, but shall not be required to, store
the removed WCF or any part thereof, and may use it, sell it or dispose of it in any manner deemed
by the town to be appropriate. The entity that abandoned the WCF, or its successor in interest, and
if on private property, the private property owner shall be jointly liable for the entire cost of such
removal, repair, restoration and storage and shall remit payment to the town promptly after
demand therefor is made. In addition, the city council, at its option, may utilize any financial
security required in conjunction with granting the WCF permit to recover such costs.
F.
Until the cost of removal, repair, restoration and storage is paid in full, a lien shall be placed on the
WCF and any related personal property and any private real property on which the WCF was
located for the full amount of the cost of removal, repair, restoration and storage. The city clerk
shall cause the lien to be recorded with the San Mateo County recorder.
G.
After adequate written notice to the WCF permit holder, the city council may require the
relocation, at the WCF permit holder's expense and according to the then-existing standards for
WCFs, of any WCF located in the rights-of-way, as necessary for maintenance or reconfiguration of
the town's rights-of-way or for other public projects, or take any other action or combination of
actions necessary to protect the health and welfare of the town.
H. If an existing utility pole that hosts a WCF must be replaced, the WCF permit holder shall within
thirty days after the installation of the replacement pole either relocate its WCF in the same
configuration on the replacement pole, or remove the prior-existing WCF rather than relocate it,
and notify the city manager or his or her designee of the removal, and surrender its WCF permit
for cancellation by the city manager or his or her designee.
I.
If the WCF permit holder fails to relocate or remove the WCF as required by this subsection, the
Town may elect to treat the WCF as a nuisance to be abated as set forth in Section 8.16.035 () of
this Code.
(Ord. No. 713, § 1, 4-7-2014)
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15.32.160 - Transfer of an interest.
A WCF permit holder shall not assign or transfer any interest in its permits for WCFs without
advance written notice to the town. The notice shall specify the identity of the assignee or transferee of
the permit, as well as the assignee or transferee's address, telephone number, name of primary
contact person(s), and other applicable contact information, such as an e-mail address or facsimile
number. The new assignee or transferee shall comply with all of the WCF's terms and conditions of
approval, and shall submit to the town a written acceptance of the WCF permit's terms and conditions
and a written assumption of the obligations thereafter accruing under such permit prior to the date
that such assignment or transfer is intended to take effect.
(Ord. No. 713, § 1, 4-7-2014)
15.32.170 - Exemption for municipal facilities.
WCFs installed or operated at the direction of the town for the sole use of the town, regardless of
where located in the town, shall be exempt from this chapter, but as a matter of policy, shall be
designed and located consistent with the design requirements of this chapter.
(Ord. No. 713, § 1, 4-7-2014)
15.32.180 - Violations are infractions.
It is unlawful for any person to violate any provision or to fail to comply with any of the
requirements of this chapter. Any person, firm, partnership, or corporation violating any provision of
this chapter or failing to comply with any of its requirements will be deemed guilty of an infraction and
upon conviction thereof will be punished by fine not exceeding one thousand dollars. Each such
person, firm, partnership, or corporation will be deemed guilty of a separate offense for each and
every day or any portion thereof during which any violation of any of the provisions of this chapter is
committed, continued or permitted by such person, firm, partnership, or corporation, and will be
deemed punishable therefor as provided in this chapter.
(Ord. No. 713, § 1, 4-7-2014)
15.32.190 - Controlling provisions.
In the event of any inconsistency between the provisions of this chapter and any other provision of
the Code, the more specific provision shall control. Without limiting the generality of the foregoing,
WCFs shall be governed by the procedures set forth in this chapter and not by the procedures set forth
in Section 12.12 () of this Code, except as provided in Section 15.32.070 () F.1.
(Ord. No. 713, § 1, 4-7-2014)
Chapter 15.36 - TOWERS, AERIALS, ANTENNAE, WINDMILLS AND SOLAR PANELS*
Sections:
15.36.010 - Permit—Required.
A.
Every person or entity desiring to place, erect, construct or maintain, or cause to be placed,
erected, constructed or maintained in the town: (1) any radio tower, television tower, wireless
tower or other tower or aerial designed to transmit or receive radio or television or similar signals;
(2) any satellite dish antenna greater than one meter in diameter; (3) any generating windmill; or
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(4) any solar panel (the above items (1) through (4) collectively referred to as "Towers" in the plural
and "Tower" in the singular) shall first obtain approval of the Architecture and Design Review
Board under Title 2 () and next obtain a building permit as provided in this chapter.
B.
The provisions of subsection A. of this section shall not apply to wireless communications facilities
regulated in Section 15.32 () of this Code.
(Ord. 618 § 7(part), 2001)
(Ord. No. 713, § 2, 4-7-2014)
15.36.020 - Permit—Application.
An application for a building permit under this chapter shall be made on a form provided for such
purpose by the building department and shall include a site plan and all relevant technical information
and specifications (including, but not limited to, wind load calculations and foundation calculations)
necessary to determine whether the tower will be dangerous, hazardous or detrimental to the public
health.
(Ord. 618 § 7 (part), 2001)
15.36.030 - Restrictions.
A.
No tower shall exceed thirty feet in height, except for a solar panel to be installed on a roof that
meets the height limitation for the roof. For purposes of the height limitation for towers, all parts,
portions and materials compromising the towers, including, without limitation, supporting
buildings, supporting structures, foundations and the full tower shall be considered in determining
the tower's height.
B.
Towers (other than television aerials) shall be placed only on appropriate in-ground foundations
specifically designed for such use.
C.
Satellite dish antennae (of all sizes) and solar panels shall meet the setback requirements of Title
17 ()
(Ord. 618 § 7 (part), 2001)
15.36.040 - Small satellite antennae.
Notwithstanding anything in this code to the contrary, any satellite antenna that is one meter or
less in diameter may be installed in town without review by the architecture and design review board
and without obtaining a building permit.
(Ord. 618 § 7 (part), 2001)
Chapter 15.40 - CONSTRUCTION TRAILERS
Sections:
15.40.010 - Permit—Required.
Any person or entity desiring to park, install, store or place any construction trailer or similar
structure ("construction trailer") on any parcel in the town shall first obtain a permit under this chapter.
A portable toilet shall not be deemed a construction trailer and shall not require a permit under this
chapter, but if any portable toilet is to be located within the public right-of-way, and encroachment
permit shall be obtained before installation.
(Ord. 618 § 8 (part), 2001: Ord. 503, 1992, Ord. 423, 1986, prior code § 50.22.16 (part))
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15.40.020 - Use of construction trailer.
Construction trailers may not contain kitchen facilities or sleeping facilities of any kind, and no one
shall at any time sleep in, cook in or otherwise use a construction trailer as any sort of living quarters
or place of abode, temporary or otherwise. Notwithstanding the foregoing, the applicant may request
that the permit allow one person to live in the construction trailer in order to provide security for the
construction site, and the building department may grant such request, subject to appropriate
conditions regarding noise, fire safety, duration of habitation, animals, vehicles and other matters as
the building department shall determine to be necessary or advisable to safeguard the public health,
safety and welfare.
(Ord. 618 § 8 (part), 2001: Ord. 503, 1992, Ord. 423, 1986)
15.40.030 - Permit—Application.
To obtain a permit under this chapter, a written application shall be filed with the building
department together with a nonrefundable application fee in the amount established from time to
time by resolution of the city council. The application shall include an accurate site plan showing (a) the
location of all existing buildings and structures, (b) the location of all planned buildings and structures,
(c) the proposed location of the construction trailer, (d) all legal setbacks and (e) all adjacent parcels.
The site plan shall be drawn to appropriate scale and shall include a detailed explanation of the
intended use of the construction trailer and a certification that the construction trailer is to be used in
conjunction with work to be done under a valid building permit and, where applicable, that the
construction trailer will not be used as any sort of living quarters. (For purposes of Sections 15.40.030 ()
and 15.40.040 (), "adjacent" shall have the same meaning as set forth in Chapter 1.20 ().)
(Ord. 618 § 8 (part), 2001: Ord. 578 § 2 (part), 1999; Ord. 503, 1992)
15.40.040 - Permit—Permission from neighbors.
No permit shall be granted for a construction trailer to encroach into a legal setback or for an
individual to live in a construction trailer for security purposes unless the owners of all adjacent parcels
have given their written permission.
(Ord. 618 § 8 (part), 2001: Ord. 578 § 2 (part), 1999; Ord. 503, 1992)
15.40.050 - Permit—Approval.
If the requirements of this chapter have been met (including, without limitation, written
permission received pursuant to Section 15.40.040 (), if applicable), the building department may grant
a permit for location of a construction trailer at a specific site, the permit to be valid for as long as the
building permit applicable to such site is valid.
(Ord. 618 § 8 (part), 2001: Ord. 503, 1992)
15.40.060 - Permit—Revocation.
Any permit issued under this chapter shall be revoked by the building department if the
construction trailer (a) is moved from its approved location or otherwise violates the terms of the
permit, (b) violates any provision of this chapter, (c) was misrepresented on the application filed under
this chapter, or (d) is being used for, or in conjunction with, any other unlawful purpose or activity.
(Ord. 618 § 8 (part), 2001: Ord. 503, 1992)
Chapter 15.44 - FLOODPLAIN MANAGEMENT
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Sections:
15.44.010 - Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as
to give them the meaning they have in common usage and to give this chapter its most reasonable
application.
A.
"Accessory use" means a use which is incidental and subordinate to the principal use of the
parcel of land on which it is located.
B.
"Alluvial fan" means a geomorphologic feature characterized by a cone or fan-shaped deposit
of boulders, gravel, and fine sediments that have been eroded from mountain slopes,
transported by flood flows, and then deposited on the valley floors, and which is subject to
flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition,
and channel migration.
C.
"Apex" means the point of highest elevation on an alluvial fan, which on undisturbed fans is
generally the point where the major stream that formed the fan emerges from the mountain
front.
D.
"Appeal" means a request for a review of the floodplain administrator's interpretation of any
provision of this chapter.
E.
"Area of special flood hazard." See "Special flood hazard area."
F.
"Base flood" means a flood which has one percent chance of being equaled or exceeded in
any given year (also called the "one-hundred-year flood"). Base flood is the term used
throughout this chapter.
G.
"Basement" means any area of the building having its floor subgrade (i.e., below ground level)
on all sides.
H. "Building." See "Structure."
I.
"Development" means any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation, or drilling operations or storage of equipment or materials.
J.
"Encroachment" means the advance or infringement of uses, plant growth, fill, excavation,
buildings, permanent structures or development into a floodplain which may impede or alter
capacity of a floodplain.
K.
"Flood, flooding or flood water" means a general and temporary condition of partial or
complete inundation of normally dry land areas from the overflow of inland or tidal waters,
the unusual and rapid accumulation or runoff of surface waters from any source.
L.
"Flood Hazard Boundary Map" means the official map on which the Federal Emergency
Management Agency or Federal Insurance Administration has delineated the areas of flood
hazards.
M.
"Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency
Management Agency or Federal Insurance Administration has delineated both the areas of
special flood hazards and the risk premium zones applicable to the community.
N.
"Flood Insurance Study" means the official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary
and Floodway Map, and the water surface elevation of the base flood.
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O. "Floodplain or flood-prone area" means any land area susceptible to being inundated by
water from any source. See "Flooding."
P.
"Floodplain administrator" is the individual appointed to administer and enforce the
floodplain management regulations.
Q. "Floodplain management" means the operation of an overall program of corrective and
preventive measures for reducing flood damage and preserving and enhancing, where
possible, natural resources in the floodplain, including but not limited to emergency
preparedness plan, flood control works, floodplain management regulations, and open space
plans.
R.
"Floodplain management regulations" means the provisions of this chapter and other zoning
ordinances, subdivision regulations, building codes, health regulations, special purpose
ordinances (such as grading and erosion control) and other application of police power which
control development in flood-prone areas. This term describes federal, state or local
regulations in any combination thereof which provide standards for preventing and reducing
flood loss and damage.
S.
"Floodproofing" means any combination of structural and nonstructural additions, changes, or
adjustments to structures which reduce or eliminate flood damage to real estate or improved
real property, water and sanitary facilities, structures, and the their contents.
T.
"Floodway" means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing the
water surface elevation more than one foot. Also referred to as "Regulatory floodway."
U.
"Floodway fringe" is that area of the floodplain on either side of the "Regulatory floodway"
where encroachment may be permitted.
V.
"Fraud and victimization" as related to Section 15.44.050 () (Variance procedure) of this
chapter, means that the variance granted must not cause fraud on, or victimization of, the
public. In examining this requirement, the town shall consider the fact that every newly
constructed building adds to government responsibilities and remains a part of the
community for fifty to one hundred years. Buildings that are permitted to be constructed
below the base flood elevation are subject during all those years to increased risk of damage
from floods, while future owners of the property and the community as a whole are subject to
all the costs, inconvenience, danger, and suffering that any such increased flood damages
bring. In addition, future owners may purchase the property, unaware that it is subject to
potential flood damage, and can be insured only at very high flood insurance rates.
W.
"Governing body" is the town, which is the local governing unit empowered to adopt and
implement regulations to provide for the public health, safety and general welfare of its
citizenry.
X.
"Hardship" as related to Section 15.44.050 () (Variance procedure) of this chapter means the
exceptional hardship that would result from a failure to grant the requested variance. The
town requires that the variance be exceptional, unusual, and peculiar to the property involved.
Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic
considerations, physical handicaps, personal preferences, or the disapproval of one's
neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems
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can be resolved through other means without granting a variance, even if the alternative is
more expensive, or requires the property owner to build elsewhere or put the parcel to a
different use than originally intended.
Y.
"Highest adjacent grade" means the highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
Z.
"Historic structure" means any structure that is:
1.
Listed individually in the National Register of Historic Places (a listing maintained by the
Department of the Interior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register;
2.
Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
3.
Individually listed on a state inventory of historic places in states with historic preservation
programs which have been approved by the Secretary of the Interior; or
4.
Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either by an approved state program as
determined by the Secretary of the Interior or directly by the Secretary of the Interior in
states with approved programs.
AA. "Levee" means a man-made structure, usually an earthen embankment, designed and
constructed in accordance with sound engineering practices to contain, control or divert the
flow of water so as to provide protection from temporary flooding.
BB.
CC.
"Levee system" means a flood protection system which consists of a levee, or levees, and
associated structures, such as closure and drainage devices, which are constructed and
operated in accord with sound engineering practices.
"Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see
"Basement" definition).
1.
2.
An unfinished or flood resistant enclosure below the lowest floor that is usable solely for
parking of vehicles, building access or storage in an area other than a basement area, is
not considered a building's lowest floor provided it conforms to applicable non-elevation
design requirements, including, but not limited to:
a.
The wet floodproofing standards in Section 15.44.040 ()(A)(3)(c) of this Chapter;
b.
The anchoring standards in Section 15.44.040 ()(A)(1) of this chapter;
c.
The construction materials and methods standards in Section 15.44.040 ()(A)(2) of this
chapter;
d.
The standards for utilities in Section 15.44.040 ()(B).
For residential structures, all subgrade enclosed areas are prohibited as they are
considered to be basements (see "Basement" definition). This prohibition includes belowgrade garages and storage areas.
DD. "Mean sea level" means, for purposes of the National Flood Insurance Program, the National
Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations
shown on a community's Flood Insurance Rate Map are referenced.
EE.
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"New construction," for floodplain management purposes, means structures for which the
"start of construction" commenced on or after the effective date of floodplain management
regulations adopted by this community, and includes any subsequent improvements to such
structures.
FF.
"Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike,
pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire,
fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or
projecting into any watercourse which may alter, impede, retard, or change the direction
and/or velocity of the flow of water, or due to its location, its propensity to snare or collect
debris carried by the flow of water, or its likelihood of being carried downstream.
GG.
"One hundred-year flood" or "100-year flood." See "Base flood."
HH. "Public safety and nuisance" as related to Section 15.44.050 () (Variances) of this chapter
means that the granting of a variance must not result in anything which is injurious to safety
or health of an entire community or neighborhood, or any considerable number of persons,
or unlawfully obstructs the free passage or use, in the customary manner, of any navigable
lake, or river, bay, stream, canal, or basin.
II.
"Regulatory floodway" means the channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than one foot.
JJ.
"Remedy a violation" means to bring the structure or other development into compliance with
state or local floodplain management regulations, or, if this is not possible, to reduce the
impacts of its noncompliance. Ways that impacts may be reduced include protecting the
structure or other affected development from flood damages, implementing the enforcement
provisions of this chapter or otherwise deterring future similar violations, or reducing state or
federal financial exposure with regard to the structure or other development.
KK.
"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream,
brook, etc.
LL.
"Special flood hazard area (SFHA)" means an area having special flood hazards, and shown on
an FHBM or FIRM as Zone A, A1-A30, AE, A99 or M.
MM.
"Start of construction" includes substantial improvement and other proposed new
development and means the date the building permit was issued, provided the actual start
of construction, repair, reconstruction, rehabilitation, addition, placement, or other
improvement was within one hundred eighty days from the date of the permit. The actual
start means either the first placement of permanent construction of a structure on a site, such
as the pouring of slab or footing, the installation of piles, the construction of columns, or any
work beyond the stage of excavation. Permanent construction does not include land
preparation, such as clearing, grading, and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for a basement, footings, piers, or
foundations or the erection of temporary forms, nor does it include the installation on the
property of accessory buildings, such as garages or sheds not occupied as dwelling units or
not part of the main structure. For a substantial improvement, the actual start of construction
means the first alteration of any wall, ceiling, floor, or other structural part of a building,
whether or not that alteration affects the external dimensions of the building.
NN.
"Structure" means a walled and roofed building that is principally above ground; this
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includes a gas or liquid storage tank or a manufactured home.
OO.
"Substantial damage" means damage of any origin sustained by a structure whereby the
cost of restoring the structure to its pre-damage condition would equal or exceed fifty
percent of the market value of the structure before the damage occurred.
PP.
"Substantial improvement" means any reconstruction, rehabilitation, addition, or other
proposed new development of a structure, the cost of which equals or exceeds fifty percent
of the market value of the structure before the "start of construction" of the improvement.
This term includes structures which have incurred "substantial damage," regardless of the
actual repair work performed. The term does not, however, include either:
QQ.
1.
Any project for improvement of a structure to correct existing violations or state or local
health, sanitary, or safety code specifications which have been identified by the local code
enforcement official and which are the minimum necessary to assure safe living
conditions, or
2.
Any alteration of a "historic structure," provided that the alteration will not preclude the
structure's continued designation as a "historic structure."
"Variance" means a grant of relief from the requirements of this chapter which permits
construction in a manner that would otherwise be prohibited by this chapter.
RR. "Violation" means the failure of a structure or other development to be fully compliant with
this chapter. A structure or other development without the elevation certificate, other
certifications, or other evidence of compliance required in this chapter is presumed to be in
violation until such time as that documentation is provided.
SS.
"Water surface elevation" means the height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes
and frequencies in the floodplains of coastal or riverine areas.
TT.
"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic
feature on or over which waters flow at least periodically. Watercourse includes specifically
designated areas in which substantial flood damage may occur.
(Ord. 592 § 5 (part), 1999)
15.44.020 - General provisions.
A.
This chapter applies to all areas of special flood hazards within the jurisdiction of the town.
B.
The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the
Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) dated effective
October 16, 2012, and accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and
Floodway Maps (FBFMs), dated effective October 16, 2012, and all subsequent amendments
and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This
FIS and attendant mapping is the minimum area of applicability of this chapter and may be
supplemented by studies for other areas which allow implementation of this chapter and which
are recommended to the town by the Floodplain Administrator. The study, FIRMs and FBFMs are
on file at City Hall, Public Works Department, 1600 Floribunda Avenue, Hillsborough, California.
C.
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No structure or land shall hereafter be constructed, located, extended, converted, or altered
without full compliance with the terms of this chapter and other applicable regulations. Violation
of the requirements (including violation of conditions and safeguards established in connection
with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the town from
taking such lawful action as is necessary to prevent or remedy any violation.
D.
This chapter is not intended to repeal, abrogate or impair any existing easements, covenants, or
deed restrictions. However, where this chapter and another part of the Hillsborough Municipal
Code, easement, covenant or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
E.
In the interpretation and application of this chapter, all provisions shall be:
F.
1.
Considered as minimum requirements;
2.
Liberally construed in favor of the town; and
3.
Deemed neither to limit not repeal any other powers granted under state statutes.
The degree of flood protection required by this chapter is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger floods can and will
occur on rare occasions. Flood height may be increased by man-made or natural causes. This
chapter does not imply that land outside the areas of special flood hazards or uses permitted
within such areas will be free from flooding or flood damages. This chapter shall not create liability
on the part of the town, any officer or employee thereof, the state of California, or the Federal
Insurance Administration, Federal Emergency Management Agency, for any flood damages that
result from reliance on this chapter or any administrative decision lawfully made hereunder.
(Ord. 592 § 5 (part), 1999)
(Ord. No. 715, § 8, 6-9-2014)
15.44.030 - Administration.
A.
A development permit shall be obtained before any construction or other development begins
within any area of special flood hazard established in Section 15.44.020 () B. of this chapter.
Application for a development permit shall be made on forms furnished by the floodplain
administrator and may include, but not be limited to: plans in duplicate drawn to scale showing
the nature, location, dimension, and elevation of the areas in question, existing or proposed
structures, fill, storage of materials, drainage facilities and the location of the foregoing.
Specifically, the following information is required:
1.
Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all
structures;
2.
Proposed elevation in relation to mean sea level to which any nonresidential structure will be
floodproofed, if required by Section 15.44.040 () A.3.c. of this chapter;
3.
All appropriate certifications listed in Section 15.44.030 () C.4. of this chapter; and
4.
Description of the extent to which any watercourse will be altered or relocated as a result of
proposed development.
5.
Location of the regulatory floodway when applicable;
6.
Base flood elevation information as specified in Section 15.44.020 () B.
7.
For crawl-space foundation, location and total net area of foundation openings as required in
this ordinance and applicable FEMA requirements.
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B.
The city engineer is hereby appointed to administer, implement, and enforce this chapter by
granting or denying development permits in accord with its provisions.
C.
The duties and responsibilities of the floodplain administrator shall include, but not be limited to
the following:
1.
2.
Review all development permits to determine that:
a.
Permit requirements of this chapter have been satisfied;
b.
All other required state and federal permits have been obtained;
c.
The site is reasonably safe from flooding; and
d.
The proposed development does not adversely affect the carrying capacity of areas where
base flood elevations have been determined but a floodway has not been designated. For
purposes of this chapter, "adversely affects" means that the cumulative effect of the
proposed development when combined with all other existing and anticipated
development will increase the water surface elevation of the base flood more than one
foot at any point.
e.
All letters of map revision (LOMRs) for flood control projects are approved prior to the
issuance of building permits. Building permits must not be issued based on conditional
letters of map revision (CLOMRs). Approved CLOMRs allow construction of the proposed
flood control project and land preparation as specified in the "start of construction"
definition.
Development of substantial improvement and substantial damage procedures.
a.
Develop detailed procedures in accordance with FEMA requirements for identifying and
administering requirements for substantial improvement and substantial damage, to
include defining "Market Value."
b.
Assure procedures are coordinated with other departments/divisions and implemented
by staff.
3.
When base flood elevation data has not been provided in accordance with Section 15.44.020 ()
B. of this chapter, the floodplain administrator shall obtain, review, and reasonably utilize any
base flood elevation and floodway data available from a federal or state agency, or other
source, in order to administer Section 15.44.040 () of this chapter. Any such information shall
be submitted to the town for adoption.
4.
In alteration or relocation of a watercourse:
a.
Notify adjacent communities and the California Department of Water Resources prior to
alteration or relocation;
b.
Submit evidence of such notification to the Federal Insurance Administration, Federal
Emergency Management Agency; and
c.
Assure that the flood-carrying capacity within the altered or relocated portion of such
watercourse is maintained.
d.
Within six months of information becoming available or project completion, whichever
comes first, the floodplain administrator shall submit or assure that the permit applicant
submits technical or scientific data to FEMA for a letter of map revision (LOMR)
e.
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All LOMRs for flood control projects are approved prior to the issuance of building
permits. Building Permits must not be issued based on conditional letters of map revision
(CLOMRs). Approved CLOMRs allow construction of the proposed flood control project
and land preparation as specified in the "start of construction."
D.
5.
Changes in corporate boundaries. Notify FEMA in writing whenever the corporate boundaries
have been modified by annexation or other means and include a copy of a map of the
community clearly delineating the corporate limits.
6.
Obtain and maintain for public inspection and make available as needed the following:
a.
Certification required by Section 15.44.040 () A.3.a. of this chapter (lowest floor
elevations);
b.
Certification required by Section 15.44.040 () A.3.b. of this chapter (elevation or
floodproofing of nonresidential structures);
c.
Certification required by Sections 15.44.040 () A.3.c. of this chapter (wet floodproofing
standard);
d.
Certification of elevation required by Section 15.44.040 () C.2. of this chapter (subdivision
standards); and
e.
Certification required by Section 15.44.040 () D.1. of this chapter (floodway
encroachments).
7.
Make interpretations where needed, as to the exact location of the boundaries of the areas of
special flood hazard, for example, where there appears to be a conflict between a mapped
boundary and actual field conditions. The person contesting the location of the boundary shall
be given a reasonable opportunity to appeal the interpretation as provided in Section
15.44.030 () D. of this chapter.
8.
Take action to remedy violations of this chapter as specified in Section 15.44.020 () C. of this
chapter.
The city council shall hear and decide appeals when it is alleged there is an error in any
requirement, decision or determination made by the floodplain administrator in the enforcement
or administration of this chapter.
(Ord. 592 § 5(part), 1999)
(Ord. No. 715, § 8, 6-9-2014)
15.44.040 - Provisions for flood hazard reduction.
A.
In all areas of special flood hazards, the following standards are required:
1.
All new construction and substantial improvements shall be adequately anchored to prevent
flotation, collapse, or lateral movement of the structure resulting from hydrodynamic or
hydrostatic loads, including the effects of buoyancy.
2.
All new construction and substantial improvement shall be constructed:
3.
a.
With materials and utility equipment resistant to flood damage;
b.
Using methods and practices that minimize flood damage; and
c.
With electrical, heating, ventilation, plumbing and air conditioning equipment and other
service facilities that are designed and located so as to prevent water from entering or
accumulating within the components during conditions of flooding.
For elevation and floodproofing, see Section 15.44.010 () definitions for "basement," "lowest
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floor," "new construction," "substantial damage," and "substantial improvement."
a.
Residential construction, new or substantial improvement, shall have the lowest floor,
including basement, elevated to at least one foot above the base flood elevation, as
determined by the community. Upon the completion of the structure, the elevation of the
lowest floor including basement shall be certified by a registered professional engineer or
surveyor, and verified by the town's building inspector to be properly elevated. Such
certification and verification shall be provided to the floodplain administrator.
b.
Nonresidential construction, new or substantial improvement, shall either be elevated to
conform with Section 15.44.040 () A.3.a. of this chapter or together with attendant utility
and sanitary facilities:
c.
4.
i.
Be floodproofed below the elevation recommended under Section 15.44.040 () A.3.a.
so that the structure is watertight with walls substantially impermeable to the
passage of water;
ii.
Have structural components capable of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy; and
iii.
Be certified by a registered professional engineer or architect that the standards of
this section 15.44.040 () A.3.b. are satisfied. Such certification shall be provided to the
floodplain administrator.
All new construction and substantial improvement with fully enclosed areas below the
lowest floor (excluding basements) that are usable solely for parking of vehicles, building
access or storage, and which are subject to flooding, shall be designated automatically to
equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of
floodwater. Designs for meeting this requirement must meet or exceed the following
minimum criteria:
i.
Be certified by a registered professional engineer or architect; or
ii.
Have a minimum of two openings having a total net area of not less than one square
inch for every square foot of enclosed area subject to flooding. The bottom of all
openings shall be no higher than one foot above grade. Openings may be equipped
with screens, louvers, valves, or other coverings or devices provided that they permit
the automatic entry and exit of floodwater.
Garages and low cost accessory structures.
a.
b.
Attached garages.
i.
A garage attached to a residential structure, constructed with the garage floor slab
below the Base Flood Elevation, must be designed to allow for the automatic entry of
flood waters. Areas of the garage below the base flood elevation must be constructed
with flood resistant materials. See Section 15.44.040 () A.2.
ii.
A garage attached to a nonresidential structure must meet the above requirements
or be dry floodproofed pursuant to applicable FEMA requirements.
Detached garages and accessory structures.
i.
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"Accessory structures," as defined by FEMA, used solely for parking (two-car detached
garages or smaller) or limited storage (small, low cost sheds as defined by FEMA) may
be constructed such that its floor is below the base flood elevation (BFE), provided the
structure is designed and constructed in accordance with the following requirements:
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ii.
B.
2.
D.
a)
Use of the accessory structure must be limited to parking or limited storage;
b)
The portions of the accessory structure located below the base flood elevation
must be built using flood-resistant materials;
c)
The accessory structure must be adequately anchored to prevent flotation,
collapse and lateral movement;
d)
Any mechanical and utility equipment in the accessory structure must be
elevated or floodproofed to or above the base flood elevation;
e)
The accessory structure must comply with floodplain encroachment provisions;
and
f)
The accessory structure must be designed to allow for the automatic entry of
flood waters.
Detached garages and accessory structures not meeting the above standards must
be constructed in accordance with all applicable standards in Section 15.04.040 () of
this chapter.
Standards for utilities shall be as follows:
1.
C.
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All new and replacement water supply and sanitary sewage systems shall be designated to
minimize or eliminate:
a.
Infiltration of flood waters into the systems; and
b.
Discharge from the systems into flood waters;
On-site waste disposal systems shall be located to avoid impairment to them, or
contamination from them during flooding.
Standards for subdivisions shall be as follows:
1.
All preliminary subdivision proposals shall identify the flood hazard area and the elevation of
the base flood.
2.
All subdivision plans shall provide the elevation of proposed structure(s) and pad(s). If the site
is filled above the base flood elevation, the lowest floor and pad elevations shall be certified by
a registered professional engineer or surveyor and provided to the floodplain administrator.
3.
All subdivision proposals shall be consistent with the need to minimize flood damage.
4.
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical
and water systems located and constructed to minimize flood damage.
5.
All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.
Located within areas of special flood hazard established in Section 15.44.020B of this chapter are
areas designated as floodways. Since the floodway is an extremely hazardous area due to the
velocity of flood waters which carry debris, potential projectiles, and erosion potential, the
following provisions apply:
1.
Prohibit encroachments, including fill, new construction, substantial improvement, and other
new development unless certification by a registered professional engineer or architect is
provided demonstrating that encroachments shall not result in any increase in the base flood
elevation during the occurrence of the base flood discharge.
2.
If Section 15.44.040 ()(D)(1) is satisfied, all new construction, substantial improvement, and
other proposed new development shall comply with all other applicable flood hazard
reduction provisions of Section 15.44.040 ()
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(Ord. 592 § 5 (part), 1999)
(Ord. No. 715, § 8, 6-9-2014)
15.44.050 - Variance procedure.
A.
The variance criteria set forth in this section are based on the general principle of zoning law that
variances pertain to a piece of property and are not personal in nature. A variance may be granted
for a parcel of property with physical characteristics so unusual that complying with the
requirements of this ordinance would create an exceptional hardship to the applicant or the
surrounding property owners. The characteristics must be unique to the property and not be
shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the
structure, its inhabitants, or the property owners. It is the duty of the town to help protect its
citizens from flooding. This need is so compelling and the implications of the cost of insuring a
structure built below flood level are so serious that variances from the flood elevation or from
other requirements in the flood ordinance are quite rare. The long term goal of preventing and
reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the
variance guidelines provided in this chapter are more detailed and contain multiple provisions that
must be met before a variance can be properly granted. The criteria are designed to screen out
those situations in which alternatives other than a variance are more appropriate.
B.
In passing upon requests for variances, the town shall consider all technical evaluations, all
relevant factors, standards specified in other sections of this chapter.
1.
2.
In addition, the town shall consider the following specific factors:
a.
Danger that materials may be swept onto other lands to the injury of others;
b.
Danger of life and property due to flooding or erosion damage;
c.
Susceptibility of the proposed facility and its contents to flood damage and the effect of
such damage on the existing individual owner and future owners of the property;
d.
Importance of the services provided by the proposed facility to the community;
e.
Necessity to the facility of a waterfront location, where applicable;
f.
Availability of alternative locations for the proposed use which are not subject to flooding
or erosion damage;
g.
Compatibility of the proposed use with existing and anticipated development;
h.
Relationship of the proposed use to the comprehensive plan and floodplain management
program for that area;
i.
Safety of access to the property in time of flood for ordinary and emergency vehicles;
j.
Expected heights, velocity, duration, rate of rise, and sediment transport of the flood
waters expected at the site; and
k.
Costs of providing governmental services during and after flood conditions, including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and
water systems, and streets and bridges.
Any applicant to whom a variance is granted shall be given written notice over the signature of
a community official that:
a.
The issuance of a variance to construct a structure below the base flood level will result in
increased premium rates for flood insurance coverage; and
b.
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Such construction below the base flood level increases risks to life and property. It is
recommended that a copy of the notice shall be recorded by the floodplain administrator
in the office of the county recorder and shall be recorded in a manner so that it appears in
the chain of title of the affected parcel of land.
3.
C.
The floodplain administrator shall maintain a record of all variance actions, including
justification for their issuance, and report such variances issued in its biennial report
submitted to the Federal Insurance Administration, Federal Emergency Management Agency.
The conditions for granting variances hereunder are as follows:
1.
Generally, variances may be issued for new construction, substantial improvement, and other
proposed new development to be erected on a lot of one-half acre or less in size contiguous to
and surrounded by lots with existing structures constructed below the base flood level,
providing that the procedures of Sections 15.44.030 () and 15.44.040 () of this chapter have
been fully considered. As the lot size increases beyond one-half acre, the technical justification
required to issuing the variance increases.
2.
Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in
Section 15.44.010 () of this chapter) upon a determination that the proposed repair or
rehabilitation will not preclude the structure's continued designation as an historic structure
and the variance is the minimum necessary to preserve the historic character and design of
the structure.
3.
Variances shall not be issued within any mapped regulatory floodway if any increase in flood
levels during the base flood discharge would result.
4.
Variances shall only be issued upon a determination that the variance is the "minimum
necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to
afford relief with a minimum of deviation from the requirements of this chapter. For example,
in the case of variances to an elevation requirement, this means the town need not grant
permission for the applicant to build at grade, or even to whatever elevation the applicant
proposes, but only to that elevation which the town believes will both provide relief and
preserve the integrity of the local ordinances.
5.
Variances shall only be issued upon:
6.
a.
Showing of good and sufficient cause;
b.
A determination that failure to grant the variance would result in exceptional
"hardship" (as defined in Section 15.44.010 () of this ordinance) to the applicant; and
c.
A determination that the granting of a variance will not result in increased flood heights,
additional threats to public safety, or extraordinary public expense, create a nuisance (as
defined in Section 15.44.010 () of this chapter, see "Public safety or nuisance"), cause fraud
or victimization (as defined in Section 15.44.010 () of this chapter) of the public, or conflict
with existing local laws or ordinances.
Variances may be issued for new construction, substantial improvement, and other proposed
new development necessary for the conduct of a functionally dependent use provided that
the provisions of Sections 15.44.050 ()(C)(1) through 15.44.050 ()(C)(5) are satisfied and that the
structure or other development is protected by methods that minimize flood damages during
the base flood and does not result in additional threats to public safety and does not create a
public nuisance.
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7.
D.
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Upon consideration of the factors of Section 15.44.050 ()(B)(1) and the purposes of this
chapter, the town may attached such conditions to the granting of variances as it deems
necessary to further the purposes of this chapter.
The issuance of a variance under this section is for floodplain management purposes only.
(Ord. 592 § 5(part), 1999)
(Ord. No. 715, § 8, 6-9-2014)
Chapter 15.56 - SWIMMING POOL SAFETY BARRIERS*
Sections:
15.56.010 - Barriers.
Every swimming pool, hot tub, and/or spa (constructed after September 7, 1993) shall be protected
by barriers to prevent unauthorized entry into the pool, hot tub and/or spa. Such barriers shall be of
the type described in, and otherwise comply with the provisions of, Appendix Chapter 4 of the
California Uniform Building Code, 2001 Edition, or successor provision, and shall also be subject to the
approval of the architecture and design review board, if applicable.
(Ord. 654 § 22, 2004)
Chapter 15.60 - BUILDING PERMITS AND PUBLIC IMPROVEMENTS*
Sections:
15.60.010 - Definitions.
As used in this chapter:
"Building permit" means a permit which is required under the terms of Section 106.1 of the
California Uniform Building Code, 1997 Edition, or successor provision.
"Public improvements" means all of the improvements to streets, highways and public ways, or to
any parcel intended to be offered for dedication to the town as a highway, street or public way,
including, without limitation, curbs, gutters, sanitary sewers, storm drains, landscaping and utility
supply lines, within the scope of Title 16 ().
"Subdivision" means a subdivision as defined in Chapter 16.04 ().
(Ord. 618 § 10 (part), 2001)
15.60.020 - Timing of issuance of building permit.
The building department shall not issue a building permit pursuant to this Title 15 () for any
structure or other work to be located within or immediately adjacent to a subdivision before the public
improvements for the subdivision have been installed and have been accepted by the city engineer
and the city council.
(Ord. 618 § 10 (part), 2001)
15.60.030 - Public improvements.
The construction, inspection, approval and acceptance of public improvements shall be as set
forth in Title 16 ().
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(Ord. 618 § 10 (part), 2001)
Chapter 15.70 - DEMOLITION PERMITS
Sections:
15.70.010 - Purpose.
The purpose of this chapter is to provide for the issuance of demolition permits under certain
circumstances and to promote the general welfare and encourage public knowledge, understanding,
appreciation and use of the town's past by providing for special review of any application for
demolition of a historic structure. Its purpose is also to protect certain of the town's historic "Great
Estates," which provide a sense of the town's roots and physical evidence of its past, all as further
provided in the portion of the town's general plan referring to historic resources.
(Ord. 558 § 2 (part), 1997)
15.70.020 - Demolition permit—Issuance for nonhistoric structure.
A.
Upon compliance, or assurance that there will be timely future compliance, with all applicable
local, state and federal laws, standards and regulations, including but not limited to provisions of
the Uniform Building Code and Regional Air Quality Act, the building official may issue a demolition
permit for any structure (other than a historic structure) upon receipt of an application therefor,
together with the nonrefundable fee determined from time to time by the city council to be a
reasonable fee for covering the actual costs of processing such an application. It is further
provided that the building official may require that a building permit or permits and any other
necessary approvals has or have been obtained for a project or replacement structure for the
subject property prior to issuing a demolition permit for a nonhistoric structure.
B.
Notwithstanding anything contained in this chapter to the contrary, the building official shall not
issue a demolition permit for any structure that is at least fifty years old and listed in the 1990
Town of Hillsborough Historic Building Survey (as the same has been or may be amended or
otherwise updated from time to time) until the city council has been informed of such a request
for a demolition permit and determined at a regularly scheduled city council meeting that no
revisions to the definition of "historic structure" are being or will be made in the immediate future
which would affect the subject property.
(Ord. 558 § 2 (part), 1997)
15.70.030 - Conditions—Compliance for all demolition permits.
All demolition permits (including those for historic structures) shall be subject to such conditions
as may be required by the building official (or city council, if applicable) to ensure the safety and
maintenance of the subject site, including but not limited to the following:
A.
If there is substantial evidence that the site may contain hazardous wastes, the application for
a permit must be accompanied by evidence that the soil has been inspected for contamination
and, if contamination has been found, that a plan has been submitted to and approved by the
San Mateo County division of environmental health, or other applicable authority.
B.
It may be required that the site shall be fenced because of hazards or to ensure maintenance
of the site.
C.
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All debris, weeds and other nuisances shall be removed from the site. If planting is not
required by subsection D of this section, and construction does not commence within thirty
days after demolition, the soil shall be treated with an approved weed inhibitor.
D.
It may be required that the entire site shall be planted and maintained with a drought-tolerant
ground cover that will fully cover all exposed soil within six months of planting.
(Ord. 558 § 2 (part), 1997)
15.70.040 - Historic structure—Definition.
For purposes of this chapter, a "historic structure" shall be defined as any one of the properties
with a "1S" or "3S" designation which is listed under the "Great Estates-1900-1930" category on page 32
of the 1990 Town of Hillsborough Historic Building Survey (as amended.) These properties are: 565
Remillard (The Carolands), 1761 Manor Drive (La Dophine), 6565 Skyline (Skyfarm—The Nueva School),
400 Uplands Drive (Uplands II—Crystal Springs School) and 401 El Cerrito (The White House). It is
provided, however, that notwithstanding anything in this chapter to the contrary, the city council may
amend the definition of historic structure for purposes of this chapter by amending this section.
(Ord. 558 § 2 (part), 1997)
15.70.050 - Historic structure—Application for discretionary demolition permit.
Notwithstanding anything contained in this chapter to the contrary, a demolition permit for a
historic structure may be authorized only according to the following procedures:
A.
Any request for demolition, in whole or in part, of a historic structure requires a historic
structure demolition permit to be approved by the city council.
B.
Applications for historic structure demolition permits shall be submitted, on the forms
provided for such purpose, with the city clerk and shall include all of the following:
1.
A report paid for by the applicant which identifies the general and structural condition of
the building, documenting all health, safety and building code deficiencies, listing
proposed corrective measures needed to alleviate these deficiencies and their respective
costs. Such report shall be prepared by a structural engineer, hired and approved by the
town, who is experienced with historic preservation work and licensed by the state of
California;
2.
Evidence that all necessary approvals by the town for a replacement structure or project
(except for issuance of a building permit or permits), have been obtained for the subject
property, including but not limited to those related to the architecture and design review
board and the Subdivision Map Act;
3.
Documentation detailing how demolition would provide a greater benefit to the
community than maintenance of the existing structure;
4.
Evidence demonstrating compliance (or assuring timely future compliance, if applicable)
with all other applicable local, state and federal laws, standards and regulations, including
but not limited to provisions of the Uniform Building Code, California State Historical
Building Code, Regional Air Quality Act and the California Environmental Quality Act;
5.
Any evidence that the structure was not allowed to deteriorate due to either intentional or
negligent acts or omissions designed to create a health or safety issue;
6.
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Any evidence that maintenance of the structure is not economically feasible and that
funding alternatives, including private and public grants for building restoration, are not
available or have been exhausted;
7.
Any evidence that applicable health and safety requirements cannot be feasibly met
unless the building is demolished; and
8.
A nonrefundable fee, determined from time to time by the city council to be a reasonable
fee for covering the actual costs of processing such an application, including the costs of
giving notice.
(Ord. 558 § 2 (part), 1997)
15.70.060 - Historic structure—Notice of public hearing.
Each application for a historic structure demolition permit shall be considered by the city council at
a public hearing. Notice of such hearing shall be given as follows:
A.
By posting notice thereof not less than fifteen days before the day of hearing upon the three
official bulletin boards of the town and on the subject lot or parcel and by mailing notice to all
adjoining lot owners who own land within a distance of five hundred feet from any boundary
of the subject lot or parcel. If any property within such five hundred-foot distance is also
owned by the applicant and is contiguous with the lot or parcel which is the subject of the
application, such contiguous property shall be deemed part of the subject plot or parcel only
for purposes of the five hundred-foot distance measurement, and notice shall be mailed to all
adjoining lot owners who own land within a distance of five hundred feet from any boundary
of such augmented lot or parcel as described above. Such notice shall briefly describe the
requested partial or complete demolition.
B.
The city manager, or designee, in his or her discretion may direct that such notice shall also be
published one or more times in a newspaper of general circulation within the town, the first
publication to be not less than fifteen days before the day of the hearing, if it is deemed that
the requested demolition is of sufficiently broad interest or impact to warrant such additional
notice.
C.
Notwithstanding the foregoing, when, pursuant to the terms hereof, notice is required to be
given to owners of lots located outside the town's limits, but only with respect to such owners,
notice of the above-described hearing shall be given by mailing notice to all property owners
of land within a distance of three hundred feet from any boundary of the subject lot or parcel.
If any property within such three hundred-foot distance is also owned by the applicant and is
contiguous with the lot or parcel which is the subject of the application, such contiguous
property shall be deemed part of the subject lot or parcel only for purposes of the three
hundred-foot distance measurement, and notice shall be mailed to all property owners of land
within a distance of three hundred feet from any boundary of such augmented lot or parcel as
described above. Such notice shall briefly describe the requested partial or complete
demolition.
(Ord. 558 § 2 (part), 1997)
15.70.070 - Historic structure—Issuance of historic structure demolition permit.
A.
The city council may issue a historic structure demolition permit for complete or partial demolition
of a historic structure, conditionally or unconditionally, only upon finding that:
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B.
Page 110 of 112
1.
All necessary approvals by the town for a project or replacement structure (except for
issuance of a building permit or permits) have been obtained for the subject property,
including but not limited to approval by the architecture and design review board and
pursuant to the Subdivision Map Act;
2.
Demolition would provide a greater benefit to the community than maintenance of the
existing structure; and
3.
All other applicable local, state and federal laws, standards and regulations, including but not
limited to provisions of the Uniform Building Code, California State Historical Building Code,
Regional Air Quality Act and the California Environmental Quality Act have been, or will be,
met, and all necessary findings thereunder have been made.
The city council may also consider any or all of the following (without necessarily making any
findings with respect thereto):
1.
Whether the historic structure was allowed to deteriorate due to either intentional or
negligent acts or omissions designed to create a health or safety issue;
2.
Whether efforts were made to preserve the structure, the availability of private or public
sources of grants for building restoration and the economic feasibility of maintaining the
historic structure; and
3.
Whether applicable health and safety requirements can be feasibly met if the historic
structure is not demolished.
(Ord. 558 § 2 (part), 1997)
15.70.080 - Economic hardship—Exception.
A written application to the city council for a certificate of economic hardship may be submitted,
on the forms provided for such purpose, with the city clerk after denial of a historic structure
demolition permit. It shall be accompanied by a nonrefundable fee, determined from time to time by
the city council to be a reasonable fee for covering the actual costs of processing such an application,
including the costs of giving notice. A public hearing concerning the application shall be scheduled and
notice of the subject of the hearing given to the persons and in the manner specified in Section
15.70.060 (). The city council shall review all the information required of the applicant together with all
other relevant information before it and make a determination whether the denial of a historic
structure demolition permit has deprived, or will deprive, the owner of the property of all reasonable
use of, or economic return on, the subject property. A written determination, together with the city
council's findings, shall be made denying or approving a certificate of economic hardship. Issuance of
such a certificate shall permit the applicant to re-submit an application for a historic structure
demolition permit, together with the certificate of economic hardship, for consideration.
Notwithstanding anything in this chapter to the contrary, such a certificate may permit issuance of a
historic structure demolition permit without finding that every condition of Section 15.70.070 () has
been satisfied.
(Ord. 558 § 2 (part), 1997)
15.70.090 - Violation—Penalties.
Any person failing to comply with any of the requirements of this chapter shall be guilty of a
misdemeanor, as further provided in Section 1.08.010 () of this code. In addition, any person who fails
to comply with any of the mandatory requirements of this chapter relating to historic structures may
be required to restore, or pay for restoration of, any such historic structure which has been damaged
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or destroyed without compliance with the provisions of this chapter. Further, the owner of any historic
structure who fails to comply with any of the mandatory requirements of this chapter relating to
historic structures may be denied permission to rebuild (other than to restore the historic structure) on
a site where a historic structure was illegally demolished.
(Ord. 558 § 2 (part), 1997)
Chapter 15.80 - REFERENCE STANDARDS
Sections:
15.80.010 - Purpose.
This chapter lists the standards that are referenced in various sections of this document. The
standards are listed herein by the promulgating agency of the standard, the standard identification,
the effective date and title, and the section or sections of this document that reference the standard.
The purpose of this chapter is to regulate materials. The codes and standards referenced in this code
shall be considered part of the requirements of this code to the prescribed extent of each such
reference. Where differences occur between provisions of this code and reference codes and
standards, the provisions of this code shall apply
(Ord. No. 690, § 15, 12-13-2010; Ord. No. 712, § 15, 11-12-2013)
15.80.020 - Adoption.
A.
The rules, regulations, and standards printed in the Reference Standards, as incorporated by
reference in the California Building Standards Code are hereby adopted as the rules, regulations,
and standards for the town of Hillsborough as to all matters contained therein, except as
otherwise provided herein.
B.
One copy of the Reference Standards shall at all times be kept on file at the town of Hillsborough
Building Department. The copy shall be accompanied by copies of Hillsborough Municipal Code
Chapter 15.80 () (as well as any additional, subsequent amendments) to show the town of
Hillsborough amendments to the Reference Standards
C.
In the event there is any conflict or inconsistency between the provisions of the Hillsborough
Municipal Code and the Reference Standards when applied to any particular case, that
requirement which establishes the higher degree of safety shall be complied with unless otherwise
specifically stated in the Hillsborough Municipal Code.
D.
No provision of the Reference Standards, as amended hereby, shall be deemed to supersede any
other provision of the Hillsborough Municipal Code.
(Ord. No. 690, § 15, 12-13-2010; Ord. No. 712, § 15, 11-12-2013)
15.80.030 - Amendment of Reference Standards.
None
(Ord. No. 690, § 15, 12-13-2010; Ord. No. 712, § 15, 11-12-2013)
15.80.040—15.80.080 - (Reserved)
15.80.090 - Amendment procedure.
When, in the judgment of the Building Department, it is reasonably necessary to amend the
provisions of the Reference Standards due to local climatic, geological, topographical, or environmental
conditions, the building official shall prepare and submit the proposed amendments to the city council
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for consideration at the next regularly scheduled city council meeting. Before adopting any changes or
modifications in the requirements contained in the provisions published in the Reference Standards, or
in any other regulations adopted hereunder, the city council shall make an express finding that such
modifications or changes are reasonably necessary because of local climatic, geological, topographical,
or environmental conditions. Such finding shall be made available as a public record. Upon approval by
the city council and filing of the city council's findings with the State Department of Housing and
Community Development, such amendments shall be added to and become a part of the provisions of
this chapter.
(Ord. No. 690, § 15, 12-13-2010; Ord. No. 712, § 15, 11-12-2013)
15.80.100 - Promulgation of updated editions of the Reference Standards.
As successive editions of the Reference Standards are promulgated and incorporated by reference
in the California Building Standards Code, the Building Department, under the guidance and direction
of the building official, shall review the provisions of the new code in order to determine whether they
are consistent with the provisions of the Reference Standards then in force as modified by the
provisions of this chapter. The building official shall submit a list of recommendations with respect to
such changes (if any) to the city council. Upon review and adoption by the city council, according to the
procedure set above, such revised version of the Reference Standards, together with all amendments
thereto which are recommended by the building official and/or required by the provisions of this
chapter, shall govern all buildings and construction within town limits.
(Ord. No. 690, § 15, 12-13-2010; Ord. No. 712, § 15, 11-12-2013)
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