Agenda packet — Berkeley City Council, January 25, 2022 (part 3 of 3)

343
LPO NOD: 1325 Arch Street/#LMIN2020-0008 INFORMATION CALENDAR January 25, 2022

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ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Landmark designation provides opportunities for the adaptive re-use and rehabilitation of historic resources within the City. The rehabilitation of these resources, rather than their removal, achieves construction and demolition waste diversion, and promotes investment in existing urban centers.

POSSIBLE FUTURE ACTION
The Council may choose to appeal the decision, in which case it would conduct a public hearing at a future date.

FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
There are no known fiscal impacts associated with this action.

CONTACT PERSON
Jordan Klein, Director, Planning & Development Department, 510-981-7534 Steven Buckley, Land Use Planning Manager, Planning & Development Department, 510-981-7411
Fatema Crane, Landmarks Preservation Commission Secretary, Planning & Development Department, 510-981-7410
Attachments:
1: Notice of Decision – #LMIN2020-0008 at 1325 Arch Street

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344
ATTACHMENT 1, part A

L A N D M A R K S

P R E S E R V A T I O N

C O M M I S S I O N
N o t i c e o f D e c i s i o n
DATE OF BOARD DECISION: August 5, 2021
DATE NOTICE MAILED: January 10, 2022
APPEAL PERIOD EXPIRATION: January 25, 2022
EFFECTIVE DATE OF PERMIT (Barring Appeal or Certification): January 26, 20221 1325 Arch Street
The Schneider/Kroeber House
Landmark application (#LMSAP2021-0008) for consideration of City Landmark or Structure of Merit designation status for a single-family residence – APN 060-2465-027-00.

The Landmarks Preservation Commission of the City of Berkeley, after conducting a public hearing, APPROVED the following permit:

PERMITS REQUIRED:
 City Landmark designation status, pursuant to Berkeley Municipal Code Section

3.24.110.A
INITIATED BY: Landmarks Preservation Commission
ZONING DISTRICT: Single-Family Residential/Hillside Overlay (R-1/H) ENVIRONMENTAL REVIEW STATUS: Categorically exempt pursuant to Section 15331 of the CEQA Guidelines for Historical Resource Rehabilitation.

The application materials for this project are available online at:
1 Pursuant to BMC Section 23B.32.090, the City Council may “certify” any decision of the LPC for review, which has the same effect as an appeal. In most cases, the Council must certify the LPC decision during the 14-day appeal period. However, pursuant to BMC Section 1.04.070, if any portion of the appeal period falls within a Council recess, the deadline for Council certification is suspended until the first Council meeting after the recess, plus the number of days of the appeal period that occurred during the recess, minus one day. If there is no appeal or certification, the Use Permit becomes effective the day after the certification deadline has passed.

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345

LANDMARKS PRESERVATION COMMISSION

NOTICE OF DECISION
City Landmark designation status - #LMIN2021-0008
1325 Arch Street – The Schneider/Kroeber House
January 25, 2022

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http://www.cityofberkeley.info/zoningapplications

FINDINGS, CONDITIONS AND APPROVED PLANS ARE ATTACHED TO THIS NOTICE COMMISSION VOTE: 6-0-0-3
YES: ADAMS, ENCHILL, FINACOM, JOHNSON, LEUSCHNER, MONTGOMERY NO: None
ABSTAIN: None
ABSENT: CRANDALL, SCHWARTZ, TWU
TO APPEAL THIS DECISION (see Section 3.24.300 of the Berkeley Municipal Code):

To appeal a decision of the Landmarks Preservation Commission to the City Council you must:

1. Submit a letter clearly and concisely setting forth the grounds for the appeal to the City Clerk, located at 2180 Milvia Street, 1st Floor, Berkeley; or by facsimile to (510) 981-6901.

The City Clerk’s telephone number is (510) 981-6900.
a. Pursuant to BMC Section 3.24.300.A, an appeal may be taken to the City Council by the application of the owners of the property or their authorized agents, or by the application of at least fifty residents of the City aggrieved or affected by any determination of the Commission made under the provisions of Chapter 3.24.

2. The appeal must be received prior to 5:00 p.m. on the "APPEAL PERIOD EXPIRATION" date shown above (if the close of the appeal period falls on a weekend or holiday, then the appeal period expires the following business day).

3. Submit the required fee (checks and money orders must be payable to ‘City of Berkeley’):
a. The basic fee for persons other than the applicant is $500. This fee may be reduced to $100 if the appeal is signed by persons who lease or own at least 50 percent of the parcels or dwelling units within 300 feet of the project site, or at least 25 such persons (not including dependent children), whichever is less.
b. The fee for appeals of affordable housing projects (defined as projects which provide 50 percent or more affordable units for households earning 80% or less of Area Median Income) is $500, which may not be reduced.
c. The fee for all appeals by Applicants is $2500.

If no appeal is received, the landmark designation will be final on the first business day

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346

LANDMARKS PRESERVATION COMMISSION

NOTICE OF DECISION
City Landmark designation status - #LMIN2021-0008
1325 Arch Street – The Schneider/Kroeber House
January 25, 2022

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following expiration of the appeal period.

NOTICE CONCERNING YOUR LEGAL RIGHTS:

If you object to this decision, the following requirements and restrictions apply:

1. If you challenge this decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Landmarks Preservation Commission at, or prior to, the public hearing.

2. You must appeal to the City Council within fifteen (15) days after the Notice of Decision of the action of the Landmarks Preservation Commission is mailed. It is your obligation to notify the Land Use Planning Division in writing of your desire to receive a Notice of Decision when it is completed.

3. Pursuant to Code of Civil Procedure Section 1094.6(b) and Government Code Section 65009(c)(1), no lawsuit challenging a City Council decision, as defined by Code of Civil Procedure Section 1094.6(e), regarding a use permit, variance or other permit may be filed more than ninety (90) days after the date the decision becomes final, as defined in Code of Civil Procedure Section 1094.6(b). Any lawsuit not filed within that ninety (90) day period will be barred.

4. Pursuant to Government Code Section 66020(d)(1), notice is hereby given to the applicant that the 90-day protest period for any fees, dedications, reservations, or other exactions included in any permit approval begins upon final action by the City, and that any challenge must be filed within this 90-day period.

5. If you believe that this decision or any condition attached to it denies you any reasonable economic use of the subject property, was not sufficiently related to a legitimate public purpose, was not sufficiently proportional to any impact of the project, or for any other reason constitutes a “taking” of property for public use without just compensation under the California or United States Constitutions, your appeal of this decision must including the following information:

A. That this belief is a basis of your appeal.

B. Why you believe that the decision or condition constitutes a "taking" of property as set forth above.

C. All evidence and argument in support of your belief that the decision or condition constitutes a “taking” as set forth above.

If you do not do so, you will waive any legal right to claim that your property has been taken, both before the City Council and in court.

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347

LANDMARKS PRESERVATION COMMISSION

NOTICE OF DECISION
City Landmark designation status - #LMIN2021-0008
1325 Arch Street – The Schneider/Kroeber House
January 25, 2022

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PUBLIC COMMENT:

Communications to Berkeley boards, commissions or committees are public record and will become part of the City’s electronic records, which are accessible through the City’s website.

Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to a City board, commission or committee, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the secretary of the relevant board, commission or committee. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the secretary to the relevant board, commission or committee for further information.

FURTHER INFORMATION:

Questions about the project should be directed to the project planner, Fatema Crane, at (510) 981-7410 or [email protected] or [email protected] ATTACHMENTS:

1. Findings and Conditions

2. Landmark application
ATTEST: _________________________
Fatema Crane, Secretary
Landmarks Preservation Commission
Cc: City Clerk
Property Owner: Golden Bear, LLC, 1325 Arch Street, Berkeley

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348
A t t a c h m e n t 1 , p a r t B
F i n d i n g s
AUGUST 5, 2021
1325 Arch Street – The Schneider/Kroeber House
City of Berkeley Landmark Application #LMIN2020-0008

PROJECT DESCRIPTION
Landmark Designation of the property at 1325 Arch Street [APN 060-2465-027-00] – The Schneider/Kroeber House

CEQA FINDINGS

1. The project is found to be exempt from the provisions of the California Environmental Quality Act (CEQA, Public Resources Code §21000, et seq.) pursuant to Section 15061.b.3 of the CEQA Guidelines (activities that can be seen with certainty to have no significant effect on the environment).

LANDMARK PRESERVATION ORIDNANCE FINDINGS

2. Pursuant to Berkeley Municipal Code (BMC) Section 3.24.110.A.1.b of the Landmarks Preservation Ordinance, and based on the evidence presented in the Landmark application, the Landmarks Preservation Commission of the City of Berkeley (Commission) finds that the subject property warrants designation as a City Landmark because it is an outstanding example of the First Bay Tradition architectural style and the Chalet sub-style of master architect Bernard Maybeck. The extant building was constructed in 1907 and retains its original character defining features, which reflect this style, such as: undisguised natural materials and wood sliding; vertical building forms; steeply pitched, cross-gable roof and extensive eaves; wood doors, windows and trim; exposed framing elements, rafters, brackets and beams; combination of traditional craftmanship and historic motifs; deck and porches that integrate the building interior with the natural surroundings; The property retains historical integrity, evident in its design, materials and workmanship. For these reasons, the building meets the architectural merit criterion and warrants designation.

3. Pursuant to BMC Section 3.24.110.A.2, the Commission further finds that the subject property warrants City Landmark designation for its association with the movement and evolution of culture as represented by the efforts of the Hillside Club to encourage the creation of buildings in Berkeley, like those of the First Bay Tradition, that employ natural materials and integrate with the environment and hillside terrain. The group was active during the property’s historic period and their influence can be seen in the design of the subject building.

4. Consistent with BMC Section 3.24.110.A.4 criteria for historic value, the subject property is found to embody and express the history of Berkeley, the region, State, and Nation, through its association with the anthropologist Alfred Kroeber and his wife Theodora (née

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349
FINDINGS 1325 ARCH STREET

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Kracaw) Kroeber, and daughter, Ursula K. Le Guin. The Kroebers resided and worked at 1325 Arch Street from 1927 to 1979; this work had far-reaching impacts within the field of anthropology as well as controversial outcomes for indigenous people. Prominent and trail-blazing author Ursula Le Guin grew up there, in her own words, “from birth to maturity,” and identified her experiences living in the house as seminal to her way of thinking and her approach to writing.

FEATURES TO BE PRESERVED, OR RESTORED WHERE POSSIBLE
PART 1: This designation shall apply to the subject property and the following distinguishing features shall be preserved:

General Building Composition
 Swiss Chalet, Arts and Crafts architectural style
 Three-story height at front (west), two-story at rear (east)  Overall massing and building forms
 Use of exclusively unpainted wood exterior materials
 Extensive, wide eaves
 Location, size and style of all doors and windows
 Location, dimensions and size of all decks and porches Roof
 Cross-gable roof of 1907 building
 Gable roof of 1933 addition
 Dark-colored shingle roof
Finishes and Details Throughout
 Unpainted wood exterior: all board cladding, exposed beams, trim, decks, porches, stairs, doors, windows and sashes
 Wood siding patterns, including grooved/beveled board and board-and-batten, with corner boards and columns, and specified horizontal or vertical orientation throughout  All-wood windows, including trim, sills and sashes; various fixed, awning and casement styles
 Decorative metal end caps on beams and brackets
West Elevation
 Three-story massing
 Gable wall
 Exposed rafters/beams
 Brackets and metal end caps
 Vertical corner boards and columns

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350
FINDINGS 1325 ARCH STREET

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 Overall arrangement and location of doors, windows and decks  Third story: vertical board siding; three vertically-oriented windows and a door with a single lite, served by a right-aligned deck with a wood railing featuring a decorative cut-out pattern.
 Second story: Horizontal wood board siding, one horizontally-oriented casement window, and a double-door with four lites per door (two squares above two rectangles) and vertically-oriented window, all served by a right-aligned wrapping deck (extending to the south elevation) featuring a wood railing with a decorative cut-out pattern.  First story: Horizontal wood board siding.
 1933 rear building addition (beyond front façade): vertical board siding throughout; a door with four lites, arranged horizontally, on the lower level; and a window with four lites, arranged in quadrants on the upper level.

East (Rear) Elevation
 Two-story height
 Overall arrangement and location of doors, windows and decks  Beams with brackets and metal end caps (supporting decks and trellis, described below)
 Vertical corner boards and columns
 Second story: vertical board siding; a large three-part window; one small, nearly- square window with a high sill; deck with wood railing featuring decorative cut-out patterns.
 First Story: entry alcove featuring vertical siding and a Dutch-style main entry door with single pane of clear glass in upper portion; horizontal board siding, double-door with four lites per door (two squares above two rectangles), and a wood trellis (beneath the second story deck above).
 1933 rear building addition: gable wall; vertical board siding; right-aligned porch deck with wood cut-out railing and wood stairs1, a door with four lites (two square lites above two rectangular lites) and general arrangement and placement of windows.

Note that current windows are not original to 1933.

South (Side) Elevation
 Gable wall
 Exposed rafters/beams
 Brackets and metal end caps
 Vertical corner boards and columns
 Overall arrangement and location of doors, windows and decks  Third story: vertical siding throughout; two (small) single-pane windows; an enclosed sleeping porch featuring the original deck with wood railings with decorative cut out patterns combining classical baluster and apple motifs.  Second story: horizontal siding with vertical siding at the entry enclosure wall and at the rear wing; two doors with four lites (two squares above two rectangles), served by a left-aligned wrapping wood deck (wrapping onto the west elevation) with wood cut- 1 In 2021, the stairs had no railing but such a condition would be not required in order for the subject building to retain its historical significance.

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351
FINDINGS 1325 ARCH STREET

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out railing; one (small) single-light window with a scroll sawn wood cut decorative trim within entry wall enclosure; two-lite casement window at rear wing; entry porch low- wall (former flower box).
 First story (far west portion of building only): vertical board siding.  1933 rear building addition: vertical board siding on the upper story, a window containing two casement windows on either end of a fixed, central pane, and one high- sill, two-light window on the upper story; horizontal board siding on lower story, one (small) two-light casement window (serving the kitchen), two two-lite casement windows, and one wood door with four lites (two squares above two rectangles) on the lower level.

North (Side) Elevation
 Two-story height at east increasing to three stories at west  Gable wall
 Overall arrangement and location of doors, windows and decks  Brackets and metal end caps
 Horizonal wood siding on lower stories, vertical on upper (third) story  Vertical corner boards and columns
 Cement-clad chimney with terra cotta roof-tile accents  Third story (uppermost): vertical siding; two single-lite wooden windows  Second story: horizontal siding; one three-part awning-style wood window and one two-lite casement window
 First story (far west portion of building only): horizontal siding; one single-pane (awning?) window.
 Bay enclosure: vertical siding throughout; one wood door with glazed window, a Juliet balcony with wood railings featuring decorative cut out pattern combining classical baluster and apple motifs; two wood vents at lower story.  1933 rear building addition: vertical board siding throughout; one stained glass window and one single-pane window at lower level.

Detached garage
 General location and small-scale, single-story structure Features of the Site
 Rhyolite stone retaining walls at property line low rustic stone walls flanking steps/pathway ascending to front door
PART 2: Where possible, the following distinguishing features shall be restored:
 Clear window glazing
 Decorative metal end caps on beams and brackets
 Exterior lighting fixtures consistent with the overall architectural character and historic period of the house.

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352
July 26, 2021
To: Landmarks Preservation Commission
Fr: Steven Finacom
Re: SUPPLEMENT TO THE LANDMARK APPLICATION FOR 1325 ARCH STREET The items below list some small corrections as well as some factual additions of newly discovered material for the Landmark Application for 1925 Arch Street. None of the corrections or additions have any signiﬁcant impact on the conclusions of the Application, except for the discovery of a record that lists Mary Schneider as owning the house in 1921, which clariﬁes and extends her documented period of ownership.

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The survey form was prepared by Gray Brechin.

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Mueller, not Theodore Osmundson. (These houses were built and owned by the Kroebers.)

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(1874-1963), who offered to sell the Kroebers her garden studio. Armer was a pioneering photographer and author of six books. She established a photography studio in San Francisco in the 19th century. She later married Sidney Armer, a prominent and ﬁnancially successful commercial illustrator in California. Shortly after the turn of the century they moved to Berkeley and she relocated her photography darkroom to their Berkeley home, where it would remain. She became known for her photography of the Navajo people in the Southwest and, with their permission, made a pioneering movie—“The Mountain Chant”—about Navajo ritual and ceremony. Her book Waterless Mountain won the Newberry Medal for the best children’s book of the year in 1932.

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adult life is Copyright Ursula K Le Guin Literary Trust, used with permission.

The artist is unknown.

Pages 54/55: Add to the application the fact that Mary Schneider was still listed as the owner of 1925 Arch in 1921. Source is a 1921 Block Book at BAHA.

As a result, add to summary page 56 another bullet point: “The house was still owned by Mary Schneider in 1921, which would make it likely the other residents before that date rented from the Schneiders.”
Same for summary at top of page 57, add note that Mary Schneider was still the owner until 1921 at least.

Page of 1 2
Land Use Planning
Received
July 28, 2021
Attachment 1, part C

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353

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Benvenue and Dwight, not Regent and Dwight.

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campus and within walking distance of 1325 Arch.

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in 1917, was owned by a Mrs. Thomson in 1915. According to Anthony Bruce (Berkeley Architectural Heritage Association) she probably rented rooms in the house to individual borders.

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Schneider. This additional photograph
of Albert Schneider has come to light.

It shows Professor Schneider in 1905,
within two years of when he and his
wife would commission the design of
1325 Arch and have the house built.

It is from a set of photographs of the
Dental Department of the University of
California in 1905, contained in the UC
San Francisco University Archives,
School of Dentistry 130th Anniversary
Collection.

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354
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager

INFORMATION CALENDAR
January 25, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: LPO NOD: 1960 University Avenue/#LMSA2021-0002

INTRODUCTION
The attached Landmarks Preservation Commission Notice of Decision (NOD) is presented to the Mayor and City Council pursuant to Berkeley Municipal Code/Landmarks Preservation Ordinance (BMC/LPO) Section 3.24.240.A, which requires that “a copy of the Notice of Decision shall be filed with the City Clerk, and the City Clerk shall present said copy to the City Council at its next regular meeting.”

CURRENT SITUATION AND ITS EFFECTS
The Landmark Preservation Commission (LPC/Commission) has approved a Structural Alteration Permit (SAP) for new signage at the subject City Landmark site. This action is subject to a 15-day appeal period, which began on January 10, 2022.

BACKGROUND
BMC/LPO Section 3.24.300 allows City Council to review any action of the Landmarks Preservation Commission in granting or denying a Structural Alteration Permit. In order for Council to review the decision on its merits, Council must appeal the Notice of Decision. To do so, a Councilmember must move this Information Item to Action and then move to set the matter for hearing on its own. Such action must be taken within 15 days of the mailing of the Notice of Decision, or by January 25, 2022. Such certification to Council shall stay all proceedings in the same manner as the filing of an appeal.

If the Council chooses to appeal the action of the Commission, then a public hearing will be set. The Council must rule on the application within 30 days of closing the hearing, otherwise the decision of the Commission is automatically deemed affirmed.

Unless the Council wishes to review the determination of the Commission and make its own decision, the attached NOD is deemed received and filed.

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355
LPC NOD: 1960 University Avenue/#LMSA2021-0002 INFORMATION CALENDAR January 25, 2022

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POSSIBLE FUTURE ACTION
The Council may choose to appeal the decision, in which case it would conduct a public hearing at a future date.

FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
There are no known fiscal impacts associated with this action.

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356
Attachment 1, part A

L A N D M A R K S

P R E S E R V A T I O N

C O M M I S S I O N
N o t i c e o f D e c i s i o n
DATE OF BOARD DECISION: October 7, 2021
DATE NOTICE MAILED: January 10, 2022
APPEAL PERIOD EXPIRATION: January 25, 2022
EFFECTIVE DATE OF PERMIT (Barring Appeal or Certification): January 26, 2022 1 1960 University Avenue – The City
Landmark Bertin Properties
Structural Alteration Permit (#LMSA2021-0002) to install new signage on a property that features a City Landmark building.

The Landmarks Preservation Commission of the City of Berkeley, after conducting a public hearing, APPROVED the following permit:

PERMITS REQUIRED:
 Structural Alteration Permit, pursuant to Berkeley Municipal Code Section 3.24.200 APPLICANT: Alexis Borabaugh, 1729 Delaware Street, Berkeley, CA ZONING DISTRICT: Downtown Commercial Mixed Use (CD-MU) ENVIRONMENTAL REVIEW STATUS: Categorically exempt pursuant to Section 15331 of the CEQA Guidelines (Historical Resource Rehabilitation).

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357

LANDMARKS PRESERVATION COMMISSION

NOTICE OF DECISION
Structural Alteration Permit - #LMSA2021-0002
1960 University Avenue – The City Landmark Bertin Properties January 25, 2022

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http://www.cityofberkeley.info/zoningapplications

FINDINGS, CONDITIONS AND APPROVED PLANS ARE ATTACHED TO THIS NOTICE COMMISSION VOTE: 7-0-1-1
YES: ADAMS, ENCHILL, LEUSCHNER, MONTGOMERY, OLSON, SCHWARTZ, TWU
NO: NONE
ABSTAIN: FINACOM
ABSENT: CRANDALL
TO APPEAL THIS DECISION (see Section 3.24.300 of the Berkeley Municipal Code):

To appeal a decision of the Landmarks Preservation Commission to the City Council you must:

1. Submit a letter clearly and concisely setting forth the grounds for the appeal to the City Clerk, located at 2180 Milvia Street, 1st Floor, Berkeley; or by facsimile to (510) 981-6901.

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358

LANDMARKS PRESERVATION COMMISSION

NOTICE OF DECISION
Structural Alteration Permit - #LMSA2021-0002
1960 University Avenue – The City Landmark Bertin Properties January 25, 2022

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If no appeal is received, the landmark designation will be final on the first business day following expiration of the appeal period.

NOTICE CONCERNING YOUR LEGAL RIGHTS:

If you object to this decision, the following requirements and restrictions apply:

A. That this belief is a basis of your appeal.

B. Why you believe that the decision or condition constitutes a "taking" of property as set forth above.

C. All evidence and argument in support of your belief that the decision or condition constitutes a “taking” as set forth above.

If you do not do so, you will waive any legal right to claim that your property has been taken, both before the City Council and in court.

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359

LANDMARKS PRESERVATION COMMISSION

NOTICE OF DECISION
Structural Alteration Permit - #LMSA2021-0002
1960 University Avenue – The City Landmark Bertin Properties January 25, 2022

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PUBLIC COMMENT:

Communications to Berkeley boards, commissions or committees are public record and will become part of the City’s electronic records, which are accessible through the City’s website.

FURTHER INFORMATION:

Questions about the project should be directed to the project planner, Fatema Crane, at (510) 981-7410 or [email protected]. All project application materials, including full-size plans, may be viewed at the Permit Service Center (Zoning counter), 1947 Center Street, 3rd Fl., between 8 a.m. and 4 p.m., Monday through Friday, except Tuesday when the Center closes at 3PM.

ATTACHMENTS:

1. Findings and Conditions

2. Project Plans
ATTEST: _________________________
Fatema Crane, Secretary
Landmarks Preservation Commission
Cc:

City Clerk
Applicant: Alexis Borabaugh, 1729 Delaware Street, Berkeley, CA Property Owner: John Gordon, 2901 Rose Street, Berkeley, CA

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A t t a c h m e n t 1, part B
F i n d i n g s a n d C o n d i t i o n s
1947 Center Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420 E-mail: [email protected]
1960 University Avenue Bertin Properties
Signage Alteration Permit #LMSA2021-0002
Installation of a new painted wall sign and a new projecting sign on one storefront of a designated City Landmark building with multiple tenancies (APN 057 2024 021 01).

FINDINGS REQUIRED UNDER CEQA

1. The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA, Public Resources Code §21000, et seq. and California Code of Regulations, §15000, et seq.) pursuant to Section 15331 of the CEQA Guidelines (“Historic Resource Restoration/Rehabilitation”). Furthermore, none of the exceptions in CEQA Guidelines Section 15300.2 apply, as follows: (a) the site is not located in an environmentally sensitive area, (b) there are no cumulative impacts, (c) there are no significant effects, (d) the project is not located near a scenic highway, (e) the project site is not located on a hazardous waste site pursuant to Government Code Section 65962.5, and (f) the project will not affect any historical resource.

FINDINGS RELATED TO THE SECRETARY OF THE INTERIOR’S STANDARDS Regarding the Secretary of the Interior’s Standards for Rehabilitation, the Landmarks Preservation Commission of the City of Berkeley makes the following findings:

1. The property has historically been used to support downtown commercial and office uses.

The restaurant use was approved for this space in 2009 under #MODUP09-70000012 and is a commercial use that will continue to support downtown.

2. The scope of proposed work would not alter any significant features.

3. The signage will be contemporary and will not lead to any changes that would create a false sense of historical development. Aside from the proposed signage, the applicant does not propose to alter the existing building.

4. The proposed signage will not affect any changes to the property that have acquired historic significance in their own right.

5. The required alterations to the building to accommodate the proposed signage are minimal and will not affect any distinctive materials, features, finishes, and construction techniques, or examples of craftsmanship that characterize the property. Anchors in the historical façade shall be as discreet as possible and patched when signage is removed (see Condition of Approval #7).

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1960 UNIVERSITY AVENUE SIGNAGE ALTERATION PERMIT -DRAFT Findings and Conditions

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6. No deteriorated historic features will be affected by this request and none are proposed to be replaced.

7. The applicant does not propose chemical or physical treatments. However, standard conditions of Structural Alteration Permit approval would require any chemical or physical treatments to be undertaken using the gentlest means possible (see Condition of Approval #7).

8. The project does not have the potential to affect any archaeological resources because the applicant proposes no excavation.

9. The required alterations to the building to accommodate the signage are minimal. The new work will be compatible with the old through its use of colors and materials and by conforming to the Sign Ordinance (BMC Section 20.24) and Downtown Design Guidelines.

10.The signage will be installed in such a manner that, if it were removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

FINDINGS REQUIRED UNDER LANDMARK PRESERVATION ORDINANCE

1. As required by Section 3.24.260 of the Landmarks Preservation Ordinance, the Commission finds that proposed work is appropriate for and consistent with the purposes of the Ordinance, and will preserve and enhance the characteristics and features specified in the designation for this property. Specifically:

As described in the previous discussion of the Secretary’s Standards for Rehabilitation, staff finds that the proposed signage will not adversely affect the exterior features of the landmark, the special character or special historical, architectural or aesthetic interest or value of its site and will preserve its distinguishing features. The signs would be installed without impairing the building, and their design would be compatible with the existing proportions, colors, and scale of the architecture.

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1960 UNIVERSITY AVENUE SIGNAGE ALTERATION PERMIT -DRAFT Findings and Conditions

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STANDARD CONDITIONS
The following conditions, as well as all other applicable provisions of the Landmarks Preservation Ordinance, apply to this Permit:

1. Conditions Shall be Printed on Plans
The conditions of this Permit shall be printed on the second sheet of each plan set submitted for a building permit pursuant to this Permit, under the title ‘Structural Alteration Permit Conditions’. Additional sheets may also be used if the second sheet is not of sufficient size to list all of the conditions. The sheet(s) containing the conditions shall be of the same size as those sheets containing the construction drawings; 8-1/2” by 11” sheets are not acceptable.

2. Plans and Representations Become Conditions
Except as specified herein, the site plan, floor plans, building elevations and/or any additional information or representations, whether oral or written, indicating the proposed structure or manner of operation submitted with an application or during the approval process are deemed conditions of approval.

3. Subject to All Applicable Laws and Regulations
The approved use and/or construction is subject to, and shall comply with, all applicable City Ordinances and laws and regulations of other governmental agencies. Prior to construction, the applicant shall identify and secure all applicable permits from the Zoning Adjustments Board or Zoning Officer, Building and Safety Division, Public Works Department and other affected City divisions and departments.

4. Exercise and Lapse of Permits (Section 23B.56.100)
A. A permit for the construction of a building or structure is deemed exercised when a valid City building permit, if required, is issued, and construction has lawfully commenced.

B. A permit may be declared lapsed and of no further force and effect if it is not exercised within one year of its issuance, except that permits for construction or alteration of structures or buildings may not be declared lapsed if the permittee has: (1) applied for a building permit; or, (2) made substantial good faith efforts to obtain a building permit and begin construction, even if a building permit has not been issued and/or construction has not begun.

5. Indemnification Agreement
The applicant shall hold the City of Berkeley and its officers harmless in the event of any legal action related to the granting of this Permit, shall cooperate with the City in defense of such action, and shall indemnify the City for any award of damages or attorneys fees that may result.

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1960 UNIVERSITY AVENUE SIGNAGE ALTERATION PERMIT -DRAFT Findings and Conditions

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ADDITIONAL CONDITIONS
The following additional conditions are attached to this Permit:

6. Anchors in the historical façade shall be as discreet as possible and patched when signage is removed.

7. Any chemical or physical treatments shall be undertaken using the gentlest means possible.

8. Exterior lighting, including for signage, shall be downcast and not cause glare on the public right-of-way and adjacent parcels.

9. Colors. Prior to staff sign-off of the building permit set of drawings, the applicant shall submit color and materials information for review and approval by historic preservation staff.

10. Materials shall be matte, unless otherwise noted.

11. Prior to submittal of any building permit application, the property owner shall submit sign applications to correct and to bring into compliance all existing and unpermitted signage at this location, in accordance with Berkeley Municipal Code (BMC) Title 20, the Sign Ordinance.

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Attachment 1, part C

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Communications

All communications submitted to the City Council are
public record. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

City Clerk Department
2180 Milvia Street
Berkeley, CA 94704
(510) 981-6900

Records Online
http://www.cityofberkeley.info/recordsonline

To search for communications associated with a particular City Council meeting using Records Online:

1. Select Search Type = “Public – Communication Query (Keywords)”

2. From Date: Enter the date of the Council meeting

3. To Date: Enter the date of the Council meeting (this may match the From Date field)

4. Click the “Search” button

5. Communication packets matching the entered criteria will be returned

6. Click the desired file in the Results column to view the document as a PDF

Berkeley City CouncilJanuary 25, 2022

Berkeley City Council
January 25, 2022