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Department of Planning & Development
Department of Planning & Development

  2012 Berkeley Way, SB35 Application


2012 Berkeley Way

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 Attachment # 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, and design review applications.

  Application Materials, submitted October 26, 2018:

Cover Letter

    1. Use Permit Submittal
    2. Section 1: All Project Requirements

      1. Applicant Statement
      2. Zoning Project Application Form
      3. Fees
      4. Letter of Authorization
      5. Neighborhood Pre-Application Contact - Not Applicable
      6. Pre-Application Poster - Not Applicable
      7. Site Photographs - In Architectural Drawings

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

      1. Plans
        1. (2) 11x17 hardcopy set
        2. Site Plan - In Architectural Drawings
        3. Floor Plans - In Architectural Drawings
        4. Building Elevations - In Architectural Drawings
        5. Vicinity Map - In Architectural Drawings
        6. Hazardous Waste and Substances Statement
        7. Tabulation Form
        8. Boundary/Topographic Survey - In Architectural Drawings
        9. Conceptual Grading Plan - In Architectural Drawings
        10. Parking Survey - Not Applicable
        11. Photo Simulations (Photo Montage) - In Architectural Drawings
        12. Section Drawings - In Architectural Drawings
        13. Story Poles - Not Applicable
        14. Shadow Study  - In Architectural Drawings
        15. Street Strip Elevation  - In Architectural Drawings

      Section 3: Affordable Housing Requirements

      1. Housing Affordability Statement
      2. Applicant Anti-Discriminatory Housing Policies
      3. Density Bonus Eligibility Statement - In Applicant Statement

      Section 4: 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.

      1. Arborist Report - Not Applicable
      2. Phase I or II Assessment - Not Applicable
      3. Seismic Hazard Investigation - Not Applicable
      4. Traffic Impact Analysis - Not Applicable
      5. Creek Information - Not Applicable
      6. State General Construction Permit - Not Applicable
      7. Stormwater Requirements Checklist - In Architectural Drawings
      8. State General Construction Permit - Not Applicable
      9. Historical Resources Evaluation - Not Applicable

      Section 5: Green Building Requirements

      1. Green Building Checklist - In Architectural Drawings
      2. Energy Efficiency Analysis (Savings by Design) - Not Applicable
      3. Berkeley Water Efficiency and Bay Friendly Landscape Requirements

      Section 6: Additional Materials

      1. Structural and Pest Report - Not Applicable
      2. Area of Potential Effects (APE Statement) - Not Applicable
      3. Zoning Use Questionnaire
      4. Design Review Submittal
      5. Structural Alterations Permit (Landmarks) Submittal - Not Applicable

    3. Design Review
      1. Applicant Statement
      2. Tabulation Form
      3. Color Photographs
      4. Drawings
        1. Site Plan
        2. Floor Plans
        3. Roof Plan
        4. Elevations
        5. Landscape Plans
        6. Sections

    4. Appendix
      1. Letter Certifying Compliance with Prevailing Wage
      2. Roundtable Notes



Compliance Letter

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