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Department of Planning & Development
Department of Planning & Development

 1900 Fourth Street, ZP2018-0052 
   Last Updated 10-13-2021





 SB 35 Submittal

Table of Contents

Pursuant to SB 35, the requirement to seek a discretionary permit for this project does not apply. Under SB 35, projects that comply with objective standards cannot be required to obtain a discretionary use permit. See Gov. Code § 65913.4(a). Under SB 35, the only applicable standards are those "that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal." Gov. Code § 65913.4 (a)(5). As set forth in Appendix 1 of the Applicant Statement of this application, the standards for issuance of a use permit, structural alteration permit and parcel map involve personal or subjective judgment and are not uniformly verifiable to any uniform benchmark or criterion.

Nonetheless, for informational purposes, the applicant is voluntarily providing the following documents that are ordinarily required for use permit, structural alteration permit, and parcel map applications.

Cover Letter

Use Permit Submittal

Section 1: All Project Requirements

    1. Letter of Authorization 
    2. Zoning Project Application Form and Fees
    3.   Applicant Statement  
      1.  Compliance with Objective Zoning Standards  
      2.  Geological Analysis  
      3.  Letter from Citi Community Capital re: Affordable Housing Financing 
      4.  Letter Certifying Compliance with Prevailing Wage/Skilled Labor Requirements 
    4. Hazardous Waste and Substances Statement
    5. Public Art on Private Development Program 
    6. Site Photographs 
    7. Zoning Use Questionnaire 

 Section 2: New Structures, Additions, Demolition or Exterior Alterations

  1. Plans  
    1. Site Plan 
    2. Floor Plans  
    3. Building Elevations  
    4. Street Strip Elevation  
    5. Section Drawings 
    6. Boundary/Topographic Survey  
    7. Conceptual Grading Plan 
    8. Note: Includes items listed above as well as unit plans, open space, exterior materials, and landscape plans.

  2. Site Survey 
  3. Tabulation Form 
  4. Photo Simulations  


Section 3: Environmental Review

NOTE: SB 35 applications are subject to a "ministerial approval process," Gov. Code § 65913.4(a), and "[m]inisterial projects are exempt from the requirements of CEQA." 14 Cal. Code Regs. § 15268(a), see also Pub. Res. Code § 21080(b)(1). Therefore, no environmental review documents are required for processing this application. Nevertheless, for informational purposes, the Applicant is voluntarily providing the following environmental documents that are relevant to the Project site. Additional environmental documents are contained on the CD appendices.

Section 4: Affordable Housing Requirements

Section 5: Green Building Requirements

 Structural Alteration Permit

Parcel Map Application

Appendices - See section 3 in Use Permit Submittal

  1. Archeological Resource Evaluation
  2. Phase 1 Environmental Analysis
  3. Seismic Hazard Investigation
  4. Traffic Impact Analysis
  5. 1900 Fourth Street Draft EIR and Appendices

Correspondence Received

SB 35 Submittal - June 29th Response
Table of Contents

Informational response to City of Berkeley 30‐day Letter of Incomplete

  1. Attachments
    March 13, 2017 Letter to City of Berkeley on 1900 Fourth Street DEIR
    April 5, 2018 E‐Mail from Jennifer Hernandez to City Attorney Farimah Brown regarding Affordable Housing 
    City of Berkeley Public Works Map showing the location of the Strawberry Creek Culvert under the east bound lanes of University Avenue more than 70’     from the project site’s southern boundary 
    March 30, 2018 E‐Mail from Jennifer Hernandez to City Attorney Farimah Brown regarding Landmarks Preservation Ordinance
    Zoning Certificate Application Form
    Focused Traffic Impact Analysis
    Revised Zoning Use Questionnaire
    Revised Objective Standards Table per City of Berkeley 30‐Day Letter of Incomplete – With track changes
    Revised Objective Standards Table per City of Berkeley 30‐Day Letter of Incomplete – Clean
    Revised Plans
    Geotechnical Report Memorandum (Full GeoTechnical report is provided in electronic submittal)
    13. Revised Water Efficiency Requirements Checklist
    Citi Community Capital letter  

SB35 Compliance Letter

Use Permit and Structural Alteration Permit / SB35 Application for Mixed Use Development
October 8, 2021



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