Hillsborough Municipal Code Ch. 15.70 Demolition Permits

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)

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 California Building Standards 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)

(Ord. No. 799, § 3(Exh. A), 12-9-2025)

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. 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)

For purposes of this chapter, a "historic resource" shall be as defined in the California Code of Regulations Section 15064.5 and shall include 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). Alterations to historic resources shall be consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties.

(Ord. 558 § 2 (part), 1997)

(Ord. No. 761, § 8, 1-13-2020)

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. 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)

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)

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:

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.

B. 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)

Editor's note— Ord. No. 761, § 9, adopted Jan. 13, 2020, repealed § 15.70.080, which pertained to economic hardship exception and derived from Ord. 558 § 2 (part), adopted in 1997.

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 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)