Chapter 3.24 — LANDMARKS PRESERVATION COMMISSION

Sections: 3.24.010 Findings and purposes of provisions. 3.24.020 Established--Powers and duties transferred when. 3.24.030 Membership--Appointments--Organization and officers. 3.24.050 List of structures and sites--To be established and maintained--Contents. 3.24.060 List of structures and sites--Landmarks, historic districts and structures of merit designated--Permit application review. 3.24.070 Powers and duties generally. 3.24.080 Permit application--Suspension authorized when. 3.24.090 Annual report required. 3.24.100 Landmarks, historic districts and structures of merit--Designation--Procedures required--Control and standards. 3.24.110 Landmarks, historic districts and structures of merit--Designation--Criteria for consideration. 3.24.120 Landmarks, historic districts and structures of merit--Designation--Initiation procedures. 3.24.130 Designation proposal--Public hearing--Required--Recordkeeping. 3.24.140 Designation proposal--Public hearing notice requirements. 3.24.150 Designation proposal--Time limit for determination. 3.24.160 Designation proposal--Notice of decision required. 3.24.170 Designation proposal--Disapproved--Waiting period for resubmission. 3.24.180 Landmarks, historic districts and structures of merit--Designation--Recording required--Termination of designation. 3.24.190 City Council certification required. 3.24.200 Landmarks, historic districts and structures of merit--Construction, alteration or modification--Approval required. 3.24.210 Review of permit applications. 3.24.220 Alteration Permit application--Data and public hearing required--Exceptions. 3.24.230 Alteration Permit application--Public hearing notice requirements. 3.24.240 Alteration Permit application--Decision--Procedure and time limitations-- Notification required.

3.24.250 Alteration Permit application--Effect of suspended action. 3.24.260 Alteration Permit application--Review standards and criteria. 3.24.270 Alteration Permit application--Finding of hardship authorized when--Effect. 3.24.280 Landmarks, historic districts or structures of merit--Unsafe or dangerous conditions--Effect. 3.24.290 Landmarks, historic districts and structures of merit--Good repair and maintenance required. 3.24.300 Appeals--Procedures required--City Council authority. 3.24.310 Advice and guidance to property owners. 3.24.320 Property owned by public agencies--Cooperation--Consultation and report requirements. 3.24.330 Other procedures authorized. 3.24.340 Landmarks, historic districts or structures of merit--Filing fees required when. 3.24.350 Applicability of provisions. 3.24.360 Enforcement--Exemption for financial hardship when. 3.24.370 Enforcement--Inspection services authority. 3.24.380 Enforcement--Methods authorized. 3.24.390 Violation--Penalty.

• Note: Chapter 3.24 was repealed and reenacted by Ord. 6958-N.S. (adopted December 12, 2006). Ord. 6958-N.S. was suspended as a result of a referendum petition on Thursday, January 11, 2007. The code text in place prior to Ord. 6958-N.S. adoption is in effect. Please refer to the City Clerk Department for additional information.

A. It is found that structures, sites and areas of special character or special historical, architectural or aesthetic interests or value have been and continue to be unnecessarily destroyed or impaired, despite the feasibility of preserving them.

B. It is further found that prevention of such needless destruction and impairment is essential to the health, safety and general welfare of the citizens of the City.

C. The purpose of this legislation is to promote the health, safety and general welfare of the citizens of the City through:

1. The protection, enhancement, perpetuation and use of structures, sites and areas that are reminders of past eras, events and persons important to local, state or national history, or which provide significant examples of architectural styles of the past, or are landmarks in the history of architecture, or which are unique and irreplaceable assets to the City and its neighborhoods, or which provide for this generation and future generations examples of the physical surroundings in which past generations lived;

2. The development and maintenance of appropriate settings and environments for such structures, in such sites and areas;

3. The enhancement of property values, the stabilization of neighborhoods and areas of the City, and the increase of economic and financial benefits to the City and its inhabitants;

4. The preservation and encouragement of a City of varied architectural styles, reflecting the distinct phases of its history--cultural, social, economic, political and architectural;

5. The enrichment of human life in its educational and cultural dimensions in order to serve spiritual as well as material needs by fostering knowledge of the living heritage of the past. (Ord. 4694-NS § 1, 1974)

There is established the Landmarks Preservation Commission, hereinafter referred to as the commission. The commission shall have and exercise the powers and perform the duties set forth in this section, Sections 3.24.030 through 3.24.090, and elsewhere in this chapter with respect to historical or architectural preservation. (Ord. 5216-NS § 1, 1979; Ord. 4694-NS § 2(a), 1974)

A. The commission shall consist of nine members. Appointments to the commission shall be made by councilmembers and vacancies on the commission shall be filled by councilmembers in accordance with the provisions of Sections 2.04.030 through 2.04.120, enacted as Ordinance 4780-N.S. by the voters of the City.

B. The Director of Planning and Development, or their representative, shall serve as secretary of the commission, without vote. The Planning and Development Department shall provide staff assistance to the commission.

C. The commission shall elect annually in July a chairperson from among its members, and shall establish rules and regulations for its own organization and procedure. (Ord. 8005-NS § 1, 2026; Ord. 5686-NS § 1 (part), 1985; Ord. 4914-NS § 1 (part), 1976; Ord. 4800-NS §§ 1, 2, 1975; Ord. 4694-NS § 2(b), (d), (e), 1974)

Contents.

The commission shall:

A. After June 6, 1974, undertake to establish and maintain a list of structures, sites and areas having a special historical, architectural or aesthetic interest or value. This list may include single structures or sites, portions of structures, groups of structures, human-made or natural landscape elements, works of art, or integrated combinations thereof. After public hearings, the commission may designate landmarks and historic districts from the list. In the establishment of the foregoing list, the commission shall notify and solicit the views of property owners and residents of structures, sites and areas proposed by the commission to be included in such a list.

B. Establish an initial list no later than six months from the first meeting of the commission. The commission shall utilize this initial list for the designation of landmarks and historic districts. Upon the completion of landmark designations from the initial list, the commission may undertake to establish and maintain an ongoing list for the purpose of carrying out the objectives and purposes of this chapter. (Ord. 8005-NS § 2, 2026; Ord. 4694-NS § 2(g), 1974)

structures of merit designated--Permit application review.

The commission may:

A. Designate, after public hearings, structures, sites and areas including single structures or sites, portions of structures, groups of structures, human-made or natural landscape elements, works of art, or integrated combinations thereof, having a special character, or special historical, architectural, or aesthetic interest or value, as:

1. A landmark site for each site, area, structure, element, work of art, or;

2. An historic district constituting a specific designated section of the City;

B. Identify a structure of merit including structures, sites and areas, including single structures or sites, portions of structures, groups of structures, man-made or natural landscape elements, works of art, or integrated combinations thereof, having a special character, or special historical, architectural or aesthetic interest or value;

C. Review and decide on permit applications for construction, alteration and demolition on landmark sites, in historic districts and on structure of merit sites and on initiated landmark sites, initiated historic districts and initiated structure of merit sites, as more fully set forth in Sections 3.24.220 through 3.24.250 and 3.24.350A below;

D. Take steps to encourage or bring about preservation of structures, sites and areas where the commission has decided to suspend action on a permit application, as more fully set forth in Sections 3.24.220 through 3.24.250 below. (Ord. 8005-NS § 3, 2026; Ord. 5686-NS § 1 (part), 1985; Ord. 4694-NS § 2(h), 1974)

In connection with the foregoing power and authority, the commission may:

A. Establish and maintain a list of structures, sites and areas deemed deserving of official recognition, although not yet designated as landmarks, historic districts or structures of merit, and take appropriate measures of recognition, as more fully set forth in Section 3.24.330 below;

B. Carry out, assist and collaborate in studies and programs designed to identify and evaluate structures, sites and areas worthy of preservation, and establish archives where pictorial evidence of the structures and their architectural plans, if any, may be preserved and maintained;

C. Consult with and consider the ideas and recommendations of civic groups, public agencies and citizens interested in historic preservation;

D. Inspect structures, sites and areas which it has reason to believe worthy of preservation with the permission of the owner or the owner’s agent;

E. Disseminate information to the public concerning those structures, sites and areas deemed worthy of preservation, and may encourage and advise property owners and members of the community generally in the protection, enhancement, perpetuation and use of landmarks, property in historic districts and other officially recognized property of historical or architectural interests;

F. Consider methods other than those provided for in this chapter for encouraging and achieving historical or architectural preservation;

G. Establish such policies, rules and regulations as it deems necessary to administer and enforce this chapter, subject to the approval of the City Council. (Ord. 5686-NS § 1 (part), 1985; Ord. 4694-NS § 2(i), 1974)

The Director of Planning and Development, prior to completion of the initial list of structures, sites and areas, shall have the authority to recommend to the City Council suspension of permit application for a maximum of one hundred eighty days, if in the judgment of the Director of Planning and Development, an emergency is deemed to exist and a structure, site or area appropriate for landmark status is threatened with imminent destruction or substantial alteration. (Ord. 8005-NS § 4, 2026; Ord. 5686-NS § 1 (part), 1985; Ord. 5163-NS § 1 (part), 1979; Ord. 4694-NS § 2(j), 1974)

The commission shall report its actions annually to the City Council not later than June 30th. (Ord. 4694-NS § 2(k), 1974)

Designation--Procedures required--Control and standards.

A. Each designation of a landmark, historic districts or structure of merit by the commission shall include:

1. A description of the characteristics which justify its designation;

2. A description of the particular features that should be preserved;

3. The location and boundaries of the landmark site, historic district or structure of merit site.

B. The property included in any such designation shall upon designation be subject to the controls and standards set forth in this chapter and the following controls and standards if imposed by the designation:

1. For a publicly owned landmark or structure of merit, review of proposed changes in major interior
architectural features;

2. For an historic district, such further controls and standards as the commission deems necessary or
desirable, including but not limited to facade, setback, height controls, signs and public improvements.

The commission may, upon receipt of any significant new information, reconsider after two years any structure of merit and designate it as a landmark, subject to all the procedures set forth in this section for an original landmark designation. (Ord. 8005-NS § 5, 2026; Ord. 5686-NS § 1 (part), 1985; Ord. 4694-NS § 3, 1974)

Designation--Criteria for consideration.

A. Landmarks and historic districts. General criteria which the commission shall use when considering structures, sites and areas for landmark or historic district designation are as follows:

1. Architectural merit:

(a) Property that is the first, last, only or most significant architectural property of its type in the region;

(b) Properties that are prototypes of or outstanding examples of periods, styles, architectural
movements or construction, or examples of the more notable works of the best surviving work in a
region of an architect, designer or master builder; or

(c) Architectural examples worth preserving for the exceptional values they add as part of the
neighborhood fabric.

2. Cultural value: Structures, sites and areas associated with the movement or evolution of religious,
cultural, governmental, social and economic developments of the City;

3. Educational value: Structures worth preserving for their usefulness as an educational force;

4. Historic value: Preservation and enhancement of structures, sites and areas that embody and express
the history of Berkeley/Alameda County/California/United States. History may be social, cultural, economic,
political, religious or military;

5. Any property which is listed on the National Register described in Section 470A of Title 16 of the United
States Code.

B. Structures of merit. Criteria which the commission shall use when considering a structure for structure of merit designation are as follows:

1. General criteria shall be architectural merit and/or cultural, educational, or historic interest or value. If
upon assessment of a structure, the commission finds that the structure does not currently meet the criteria
as set out for a landmark, but it is worthy of preservation as part of a neighborhood, a block or a street
frontage, or as part of a group of buildings which includes landmarks, that structure may be designated a
structure of merit.

2. Specific criteria include, but are not limited to one or more of the following:

(a) The age of the structure is contemporary with (1) a designated landmark within its neighborhood,
block, street frontage, or group of buildings, or (2) an historic period or event of significance to the City,
or to the structure’s neighborhood, block, street frontage, or group of buildings.

(b) The structure is compatible in size, scale, style, materials or design with a designated landmark
structure within its neighborhood, block, street frontage, or group of buildings.

(c) The structure is a good example of architectural design.

(d) The structure has historical significance to the City and/or to the structure’s neighborhood, block, street frontage, or group of buildings. (Ord. 8005-NS § 6, 2026; Ord. 7981-NS § 1, 2025; Ord. 5686-NS § 1 (part), 1985; Ord. 4694-NS § 3.1, 1974)

Designation--Initiation procedures.

A. Initiation of designation shall be made by the following:

1. The Landmarks Preservation Commission;

2. A resolution of intention of the City Council;

3. The Planning Commission;

4. The Civic Arts Commission;

5. The verified application of the owners of the property to be designated or their authorized agents;

6. The verified application of at least 200 residents of the City.

B. Any such application shall be filed with the commission upon forms prescribed by the City and shall be accompanied by all data required by the commission.

C. Exception. Any such designation shall not be processed for five (5) years following the receipt of a Preliminary Development application under SB330 (the Housing Crisis Act of 2019) by the City of Berkeley, unless initiated by the property owner.

1. This 5-year exception period is established at the time of the Preliminary Development application
submittal pursuant to SB 330 (the Housing Crisis Act of 2019) and may only be applied once for any property.
Any subsequent Preliminary Development application submitted pursuant to SB 330 shall be subject to
limitations on landmarking in SB 330.

2. Following the submittal of a formal zoning application, any landmarking designation request shall not be
processed for as long as the application is active or as long as the resulting permits and entitlements are
valid, whichever is longer, pursuant to SB330.

D. Historic Districts. Where such application is submitted for designation of an historic district, the application must be subscribed by or on behalf of a majority of the property owners or residents of the proposed district. (Ord. 8005-NS § 7, 2026; Ord. 5686-NS § 1 (part), 1985; Ord. 4694-NS § 4, 1974)

The commission shall hold a public hearing on the proposal and shall set a time and place for such hearing. Such hearing shall be held within seventy days of the filing of the application or resolution. A record of pertinent information presented at the hearing shall be made and maintained as a permanent record. (Ord. 5163-NS § 1 (part), 1979; Ord. 4694-NS § 4.1 (part), 1974)

A. Notice of the public hearing shall be given by posting thereof on or adjacent to the property involved not less than 14 days prior to the date of the hearing.

B. In addition to the posting of notice, a notice of the hearing shall be mailed not less than ten days prior to the date of such hearing to all property owners having property and each residential or other unit within three hundred feet of the property referred to in the application; provided, however, that the failure of any such property owner or resident to receive such notice shall not affect the validity of the proceedings.

C. Notice shall be given to the neighborhood group(s) that are on file with the zoning officer and whose regular geographic area of interest includes the area of the proposed designation, and to any City committee or City agency serving the area of the proposed designation which affects property owners and tenants.

D. The commission may also give such other notice as it may deem desirable and practical, including, if requested, to organizations or individuals indicating an interest in the work of the commission. (Ord. 8005-NS § 8, 2026; Ord. 5686-NS § 1 1985 (part), 1985; Ord. 4694-NS § 4.1(a), 1974)

The commission shall approve, disapprove or modify the proposal within one hundred eighty (180) days after the conclusion of the public hearing; failure to act within said time shall constitute disapproval. (Ord. 8005-NS § 9, 2026; Ord. 4694-NS § 4.1(b), 1974)

A. A Notice of Decision shall be issued when the LPC:

1. Approves, modifies, or denies a Landmark Designation; or

2. Takes action on an appealed decision.

B. The Notice of Decision shall be issued before the LPC’s next regular meeting and shall describe the LPC’s action.

C. The Notice of Decision shall be posted in the lobby of the Permit Service Center and shall be mailed to:

1. The applicant;

2. The appellant, if applicable;

3. Any person who has filed a written request for notice; and

4. The City of Berkeley Central Library.

D. The Notice of Decision shall be filed with the City Clerk and provided to the LPC. The City Clerk shall make the notice available to interested members of the City Council and the public. (Ord. 8005-NS § 10, 2026; Ord. 4694-NS § 4.1(c), 1974)

resubmission.

If a proposal initiated by application has been disapproved by the commission or by the City Council on appeal as more fully set forth in Section 3.24.300 below, no subsequent application that is the same or substantially the same may be submitted or reconsidered for at least two years from the effective date of final action by the commission or by the City Council on the original proposal. (Ord. 4694-NS § 4.1(d), 1974)

Designation--Recording required--Termination of designation.

A. When a landmark, historic district or structure of merit has been designated by the commission as provided above, in addition to the notification required in Section 3.24.160 above, the commission shall cause a copy of the designation, or notice thereof, to be recorded in the Office of the County Recorder.

B. When a building or structure that has been designated a landmark or structure of merit has been legally demolished as permitted by this Code, its designation shall automatically be terminated if:

1. The designation was based on the characteristics of that building or structure, and not on any findings
related to the site or parcel where the building or structure was located; and

2. All features to be preserved as specified pursuant to Section 3.24.100 have been eliminated as a result of
the demolition.

In such cases, the City shall promptly record a notice in the Office of the County Recorder that the designation has been terminated. (Ord. 8005-NS § 11, 2026; Ord. 7471-NS § 1, 2016; Ord. 5686-NS § 1 (part), 1985; Ord. 4694-NS § 4.2, 1974)

Notwithstanding any of the provisions of this chapter, the City Council may certify any action of the commission in granting or denying an application for designation as a landmark or an historic district within ninety (90) days from the mailing of the Notice of the Decision of the commission. Such certification by the City Council shall stay all proceedings in the same manner as the filing of a notice of appeal. (Ord. 8005-NS § 12, 2026; Ord. 4694-NS § 4.3, 1974)

Construction, alteration or modification--Approval required.

No person shall carry out or cause to be carried out on a designated landmark, in a designated historic district or structure of merit, any construction, alteration, or demolition for which a City permit is required, without approval by the commission pursuant to Sections 3.24.220 through 3.24.250 hereof, except in conformity with the provisions of Section 3.24.280 hereof. In addition, no such work shall take place unless all other applicable laws and regulations have been complied with, and a permit has been issued for said work. (Ord. 5686-NS § 1 (part), 1985; Ord. 4694-NS § 5, 1974)

A. The commission shall maintain with the Department of Planning and Development and the department’s zoning and codes and inspection division a current record of designated landmarks, historic districts and structures of merit, as well as a record of those having been initiated and undergoing consideration. Upon receipt of any application for a permit to carry out any construction, alteration or demolition on a landmark site, in an historic district or on a structure of merit site, or on an initiated landmark site, in an initiated historic district or on an initiated structure of merit site, the Department of Planning and Development shall, unless the structure or feature concerned has been declared unsafe or dangerous pursuant to Section 3.24.280 of this chapter, promptly forward such permit application to the commission for review.

B. The City Council shall set by resolution the fees for Landmarks Preservation Commission review of any application for a permit to carry out any construction, alteration or demolition on an initiated or designated landmark site, structure of merit, or historic district.

Applicants who are qualified non-profits and other applicants with projects valued at less than three hundred fifty thousand dollars may apply to the City Manager for a fee waiver if it can be demonstrated that the payment of the fee would pose a hardship. (Ord. 8005-NS § 13, 2026; Ord. 6403-NS § 3, 1998; Ord. 5949-NS § 1, 1989; Ord. 5686-NS § 1, (part), 1985; Ord. 4914-NS § 1 (part), 1976)

(Ord. 6403-NS repealed pursuant to modifications made by the California Court of Appeal on 1/7/98)

Exceptions.

A. The commission shall review the permit application in accordance with the provisions of this section and Sections 3.24.230 through 3.24.250 except:

1. When the application is for a permit to do ordinary maintenance and repairs, unless, in the opinion of the commission, approval of the said application would seriously conflict with the purposes and standards of this chapter or the provisions of the designation. For the purpose of this chapter, "ordinary maintenance and repairs" means any work, the sole purpose and effect of which is to correct deterioration, decay or damage.

B. Any such permit application referred to the commission shall include plans and specifications showing the proposed appearance, color and texture of materials, and the proposed architectural design of the structure. If the application, together with its supporting plans and specifications does not provide a sufficient basis for review by the commission, the commission shall inform the applicant of the additional data required, and the applicant shall supply said data.

C. Except for permits issued pursuant to subsection A.1, of this section, the commission shall hold a public hearing on the permit application. Such public hearing shall be held within seventy days after receipt by the commission of the application. (Ord. 8005-NS § 14, 2026; Ord. 5686-NS § 1 (part), 1985; Ord. 5163-NS § 1 (part), 1979; Ord. 4694-NS § 6.1(a), 1974)

A. Notice of the public hearing shall be given by posting thereof on or adjacent to the property involved not less than ten days prior to the date of the hearing.

B. In addition to the posting of notice, a notice of the hearing shall be mailed not less than ten days prior to the date of such hearing to all property owners having property and each residential or other unit within three hundred feet of the property referred to in the application; provided, however, that the failure of any such property owner or resident to receive such notice shall not affect the validity of the proceedings.

C. Notice shall be given to the neighborhood group(s) that are on file with the zoning officer, and whose regular geographic area of interest includes the area of the proposed designation, and to any City committee or City agency serving the area of the proposed designation which affects property owners and tenants.

D. The commission may also give such other notice as it may deem desirable and practical, including, if requested, to organizations or individuals indicating an interest in the work of the commission. (Ord. 8005-NS § 14, 2026; Ord. 5686-NS § 1 (part), 1985; Ord. 4694-NS § 6.1 (b), 1974)

limitations--Notification required.

A. The commission shall consider the conformance of the proposed work with the purposes and standards in this chapter and with the provisions of the designation. The commission shall approve, suspend or disapprove the application as specified below in this section, or, with the applicant’s consent, shall modify and approve the application, within thirty days after the conclusion of the public hearing. Failure to act within said time shall constitute approval. The commission shall promptly notify in writing the owners or, where appropriate, authorized agents and residents of the property of its decision. The commission shall also mail notice of the decision to organizations and individuals who request such notification. 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.

B. For such permit applications reviewed by the commission:

1. If the application is for a permit to make exterior alterations or to carry out new construction, the
commission shall approve, modify or disapprove the application in whole or in part, or suspend action on it
for a period not to exceed one hundred eighty days for a landmark or in an historic district, and for a period
not to exceed ninety days for a structure of merit.

2. If the application is for a permit to demolish, the commission shall approve or modify the application in
whole or in part, or suspend action on it for a period not to exceed one year for a landmark or a designated
structure in an historic district, and for a period not to exceed one hundred eighty days for a structure of
merit; however, no demolition permit approved for a City of Berkeley Landmark, designated structure in an
historic district, or structure of merit shall be activated following the appropriate period of suspension stated
above until the building permit for the replacement structure is presented to the Codes and Inspections
Division of the Department of Planning and Community Development. (Ord. 8005-NS § 14, 2026; Ord.
6403-NS § 4, 1998; Ord. 5686-NS § 1 (part), 1985; Ord. 4694-NS § 6.1(c), 1974)

(Ord. 6403-NS repealed pursuant to modifications made by the California Court of Appeal on 1/7/98)

In the event action on the application is suspended as provided above in Section 3.24.240, the commission may take such steps as it deems necessary to preserve the structure concerned, in accordance with the purposes of this chapter. Such steps may include, but shall not be limited to, consultation with civic groups, public agencies and interested citizens, recommendations for acquisition of property by public or private bodies or agencies and exploration of the possibility of moving one or more structures or other features. (Ord. 8005-NS § 14, 2026; Ord. 4694-NS § 6.1(d), 1974)

A. The commission shall be guided by the standards in this section in its review of permit applications for work on a landmark site, in an historic district or on a structure of merit site. In appraising the effects and relationships mentioned herein, the commission shall in all cases consider the architectural style, appearance, arrangement, height, design, texture, materials, color and appurtenances and such other facts as may be relevant.

B. In all instances, the proposed work shall be as appropriate for and as consistent with the purposes of this chapter as is possible within the peculiar circumstances of the owner of the property and preservation or enhancement of the characteristics and particular features specified in the designation.

C. Approval of permit applications pursuant to this section may be granted only upon determination that the proposal conforms to the criteria set forth in paragraphs 1. and 2. below:

1. For permit applications for construction, alteration or repair:

(a) For applications relating to landmark sites, the proposed work shall not adversely affect the exterior
architectural features of the landmark and, where specified in the designation for a publicly owned
landmark, its major interior architectural features; nor shall the proposed work adversely affect the
special character or special historical, architectural or aesthetic interest or value of the landmark and its
site, as viewed both in themselves and in their setting.

(b) For applications relating to property in historic districts, the proposed work shall not adversely
affect the exterior architectural features of the subject property or the relationship and congruity
between the subject structure or feature and its neighboring structures and surroundings, including
facade, setback and height; nor shall the proposed work adversely affect the special character or special
historical, architectural or aesthetic interest or value of the district. The proposed work shall also
conform to such further standards as may be embodied in the designation of the historic district.

(c) For applications relating to structure of merit sites, the proposed work shall not adversely affect the
architectural features if architectural merit is the basis for designation; nor shall the proposed work
adversely affect the special cultural, educational or historical interest or value if that is the basis for
designation.

2. For permit applications for demolition: the commission shall find that the designated landmark, historic district or structure of merit or portion thereof is in such condition that it is not feasible to preserve or restore it, taking into consideration the economic feasibility of alternatives to the proposal, and balancing the interest of the public in preserving the designated landmark, historic district or structure of merit or portion thereof and the interest of the owner of the landmark site, historic district, or structure of merit site in its utilization. (Ord. 8005-NS § 14, 2026; Ord. 5686-NS § 1 (part), 1985; Ord. 4694-NS § 6.2, 1974)

when--Effect.

Regardless of whether or not the standards set forth in Section 3.24.260 are met, the commission may approve a permit application to carry out alterations or construction on a landmark site, in an historic district or on a structure of merit site, if the applicant presents clear and convincing evidence to the commission that such disapproval will work immediate and substantial hardship because of conditions peculiar to the particular structure or feature involved, and that failure to disapprove the application will be consistent with the purposes of this chapter. If hardship is found to exist under this section, the commission shall make a written finding to that effect, and shall also specify in writing the facts relied upon in making such finding. Nothing in this section shall prohibit the commission from acting to modify or to suspend action on any application pursuant to Sections

3.24.220 through 3.24.250 hereof. (Ord. 8005-NS § 14, 2026; Ord. 5686-NS § 1 (part), 1985; Ord. 4694-NS § 6.2, 1974)

dangerous conditions--Effect.

None of the provisions of this chapter shall be construed to prevent any measures of construction, alteration or demolition necessary to correct or abate the unsafe or dangerous condition of any structure, other feature, or part thereof, which such condition has been declared unsafe or dangerous by the Planning and Development Department or the Fire Department, and where the proposed measures have been declared necessary, by such department or departments, to correct the said condition; provided, however, that only such work as is reasonably necessary to correct the unsafe or dangerous condition may be performed pursuant to this section. In the event any structure or other feature is damaged by fire or other calamity or by act of God, or by the public enemy to such an extent that in the opinion of the aforesaid department or departments it cannot reasonably be repaired or restored, it may be removed in conformity with normal permit procedures and applicable laws. (Ord. 8005-NS § 15, 2026; Ord. 5686-NS § 1 (part), 1985; Ord. 5163-NS § 1 (part), 1979; Ord. 4694-NS § 7, 1974)

and maintenance required.

A. The owner, lessee, or other person in actual charge of a landmark, a structure in an historic district or a structure of merit, shall keep in good repair all of the exterior portions of such landmark, structure in an historic district or structure of merit, all interior portions thereof when subject to control as specified in subsection (B)(1) of Section 3.24.100 of this chapter, and all interior portions of a building not subject to control as specified in subsection B, 1. of Section 3.24.100 the maintenance of which is necessary to prevent deterioration and/or structural decay of any exterior portion.

B. For purpose of this section, "good repair" means the prevention of structural decay or structural failure or the prevention of irreparable damage to the major historic or architectural features of the structure.

C. For purpose of this section, "landmark, historic districts and structure of merit sites" include the landscape features and amenities of the designated district when specifically included as a part of the designation. (Ord. 5686-NS § 1 (part), 1985; Ord. 5163-NS § 1 (part), 1979; Ord. 4694-NS § 8, 1974)

A. An appeal may be taken to the City Council by the following:

1. A motion of the City Council;

2. A motion of the Planning Commission;

3. A motion of the Civic Art Commission;

4. The verified application of the owners of the property or their authorized agents;

5. The verified application of at least 200 residents of the City aggrieved; or

6. Any determination of the commission made under the provisions of this chapter.

B. General. Appeals shall be filed and processed consistent with Chapter 23.404 (Common Permit Requirements) except as otherwise specified in this chapter.

1. Timing of Appeal: An appeal must be filed within fourteen (14) days of mailing the Notice of Decision.

C. Appeal Fees.

1. Appeal fees shall be paid by the person filing the appeal (the appellant) except as provided in Paragraph
2 below.

2. The City shall not charge a fee for appeals of projects denied due to conflicting decisions of the Zoning
Adjustments Board (ZAB) and Landmarks Preservation Commission as described in Sections 3.24.200 through
3.24.240.

D. The filing of a notice of appeal within the time and in the manner specified in subdivision B above shall stay all proceedings by all parties in connection with the matter upon which the appeal is taken until the determination of the appeal, as provided herein.

E. Before the hearing, department staff shall prepare a staff report describing the appeal with relevant supporting materials.

F. Each hearing shall be open to the public, which shall be given the opportunity to present their views and to be heard in accordance with established procedures.

G. After opening the public hearing on the appeal, the Council may take one of the following actions:

1. Continue the public hearing;

2. Based on the record of the Council’s consideration and hearing, reverse or affirm, wholly or partly, or
modify any decision, determination, condition or requirement of the Commission’s original action; or

3. Remand the matter to the Commission to reconsider the application, or any revisions thereto submitted
after the Commission’s action, in which case the Council shall specify which issues the Commission is directed
to reconsider.

H. Except in the case of a remand to the Commission, when reviewing any decision of the Commission on appeal, the Council shall use the same standards for decision making and is required to make the same findings as the Commission with respect to the matter on appeal. The Council may adopt the Commission’s decision and findings as its own. In either case, the City Clerk shall prepare a resolution stating the Council’s decision.

If the disposition of the appeal has not been determined within 30 days from the date the public hearing was closed by the Council, then the decision of the Commission shall be deemed affirmed and the appeal deemed denied.

I. The City Clerk shall promptly notify in writing the appellant, owners or authorized agents of affected property, and residents of such property of the action taken.

J. Payment of fees for an appeal from the decision of the Landmarks Preservation Commission shall be set by resolution of the City Council. (Ord. 8005-NS §§ 16, 17, 2026; Ord. 7461-NS § 1, 2016; Ord. 6243-NS § 1, 1994; Ord. 5620-NS § 1, 1984; Ord. 4694-NS § 9, 1974)

The commission may render advice and guidance with respect to any proposed work not requiring a City permit, on a designated landmark site, in a designated historic district or on a designated structure of merit site. Examples of the work referred to are: painting and repainting of exterior surfaces; fencing; landscaping; and installation of lighting fixtures. In rendering such advice and guidance, the commission shall be guided by the purposes and standards of this chapter. (Ord. 5686-NS § 1 (part), 1985; Ord. 4694-NS § 10, 1974)

and report requirements.

A. The commission shall take appropriate steps to notify all public agencies which own or may acquire property in the City about the existence and character of designated landmarks, historic districts and structures of merit, and the commission shall cause a current record of such landmarks, districts and structures of merit to be maintained in each public agency. In the case of any publicly owned property on a landmark site, or in an historic district which is not subject to the permit review procedures of the City, the agency owning the property shall seek the advice of the commission prior to approval or authorization of any construction, alteration or demolition thereon, including the placement of street furniture, lighting and landscaping; and the commission in consultation with the Design Review Committee of the Planning Commission, in appropriate cases, shall render a report to the owner as expeditiously as possible, based on the purposes and standards of this chapter. If commission review of a public project involving construction, alteration or demolition on a landmark site, in an historic district or on a structure of merit site is required under any other law or under the Charter, the commission shall render the report referred to in this section to such public agency without specific request therefor.

B. All officers, boards, commissions, and departments of the City shall cooperate with the commission in carrying out the spirit and intent of this chapter. (Ord. 5686-NS § 1 (part), 1985; Ord. 4694-NS § 11, 1974)

A. The commission may authorize such steps as it deems desirable to recognize the value of and to encourage the protection, enhancement, perpetuation, and use of any such structure of merit, or of any designated landmark, or any structure in a designated historic district, including, but not limited to the issuance of a certificate of recognition and the authorization of a plaque to be affixed to the exterior of the structure; and the commission shall cooperate with appropriate state and federal agencies in such efforts.

B. The commission may make recommendations to the City Council and to any other body or agency responsible to encourage giving names pertaining to Berkeley history to streets, squares, walks, plazas, and other public places. (Ord. 5686-NS § 1 (part), 1985; Ord. 4694-NS § 12, 1974)

required when.

Before accepting for filing any application hereinafter mentioned, the commission shall charge and collect the fees herein specified:

A. An application shall be accompanied by all required fees listed in the current Fee Schedule approved by the City Council.

B. There shall be no fee for each application for designation of a landmark, an historic district or a structure of merit, if such application is initiated by the commission, resolution of intention of the City Council, the Planning Commission, or by the Civic Arts Commission. (Ord. 8005-NS § 18, 2026; Ord. 5686-NS § 1 (part), 1985; Ord. 4694-NS § 13, 1974)

A. No application for a permit to construct, alter or demolish any structure or other feature on a site, filed subsequent to the day that an application has been filed, or a resolution adopted to initiate designation of the said site as a landmark, an historic district, or a structure of merit, shall be approved while proceedings are pending on such designation; provided, however, that after one hundred eighty days have elapsed from the date of initiation of said designation, unless the application has been suspended pursuant to Sections 3.24.220 through 3.24.250, if final action on such designation has not been completed, the permit application may be approved.

B. The provisions of this chapter shall be inapplicable to the construction, alteration or demolition of any structure or other feature on a proposed landmark site, historic district or structure of merit site, where a permit for the performance of such work was issued prior to the day that an application has been filed or a resolution adopted to initiate the designation of the said landmark site or historic district, and where such permit has not expired or been cancelled or revoked, provided that construction is started and diligently prosecuted to completion in accordance with the building code. (Ord. 5686-NS § 1 (part), 1985; Ord. 4694-NS § 15, 1974)

Any owner, lessee or other person in actual charge of a landmark, a structure in an historic district, or structure of merit, upon presentation of clear and convincing evidence demonstrating to the satisfaction of the commission that compliance with these regulations will work immediate and substantial financial hardship on such owner, lessee or other person in actual charge of a landmark, a structure in an historic district, or a structure of merit, shall be exempt from the provisions of this section and Sections 3.24.370 through 3.24.390. (Ord. 5686-NS § 1 (part), 1985; Ord. 4694-NS § 14 (d), 1974)

It shall be the responsibility of the Department of Planning and Community Development to administer and enforce the provisions of this chapter through its division of codes and inspection service. (Ord. 5686-NS § 1 (part), 1985; Ord. 4914-NS § 1 (part), 1976; Ord. 4694-NS § 14 (a), 1974)

In addition to the regulations of this chapter and other ordinances which govern the approval or disapproval of applications for building permits or other permits, or licenses affecting the use of land or buildings, the Assistant City Manager for Planning and Community Development shall enforce the provisions thereof by any of the following means:

A. The Assistant City Manager for Planning and Community Development may serve notice requiring the removal of any violation of this chapter upon the owner at last known address, or, where relevant, the owner’s authorized agent, tenant of the building or land, or upon the architect, builder, contractor, or other person who commits, or assists in any such violation.

B. In addition, the City Attorney may seek injunctive relief or maintain an action in abatement to further the provisions of this chapter. (Ord. 5686-NS § 1 (part), 1985; Ord. 5163-NS § 1 (part), 1979; Ord. 4694-NS § 14 (b), 1974)

Any violation of any provisions of this chapter shall be deemed a misdemeanor and shall be punishable as set forth in Chapter 1.20 of this code. (Ord. 5163-NS § 1 (part), 1979; Ord. 4694-NS § 14(c), 1974)