MINISTERIAL
APPROVAL ELIGIBLE
Controlling FindingSize threshold not met. The project (10 units) is below the 15-unit threshold. Evacuation clearance analysis is not required. Approval is ministerial.
Analysis
A
Applicability Threshold
Minimum 15 dwelling units — integer comparison, no discretion
BELOW THRESHOLD
10 dwelling units proposed < 15-unit threshold —
project is below the ITE de minimis for measurable evacuation impact.
Evacuation clearance analysis is not required.
B
Site Parameters
CAL FIRE FHSZ classification — sets road capacity degradation factor and ΔT threshold for clearance analysis
PENDING
C
Evacuation Clearance Analysis
Route identification (0.5 mi radius) + per-path ΔT test — this is the operative determination step
NOT REQUIRED
SB 79 Transit Proximity
Transit stop within 0.5 mi — does not affect this determination
NOT REQUIRED
Determination
DETERMINATION →
Project has 10 dwelling units, below the 15-unit threshold. Ministerial approval eligible.
Wildland Evacuation Analysis: MINISTERIAL
SB 79 Transit Proximity (Informational): NOT_APPLICABLE
Required Next Steps
This project qualifies for ministerial approval under Government Code §65589.4
and the adopted AB 747 objective standards. No discretionary review is required. No public
hearing is required.
- Submit building permit application to the Building & Safety Division per normal procedures.
- Standard fire and life safety plan check applies (Health & Safety Code §13108).
- No CEQA review is required for ministerial approvals (Pub. Resources Code §21080(b)(1)).
- Applicant shall not reduce the width or lane count of any identified evacuation route during construction.
Legal Authority
Every numerical value in this determination is derived mechanically from the authorities below.
No engineering judgment was exercised. The same methodology is applied uniformly to all projects
under AB 747.
| # |
Authority |
Published / Adopted |
Parameter |
Value Applied |
| 1 |
AB 747, Gov. Code §65302.15 |
2021 Ch. 394 |
Analysis mandate |
— |
| 2 |
CAL FIRE OSFM FHSZ (state-adopted SRA map) |
Current SRA designation |
Hazard zone |
vhfhsz — Zone 3 (Very High) |
| 3 |
NIST TN 2135 (Maranghides et al., Camp Fire) |
2021 |
Safe egress window (Very High FHSZ) |
45 min |
| 4 |
Standard engineering significance criterion |
— |
Maximum project share of egress window |
5% |
| → |
Derived from ③ × ④ |
ΔT threshold for this location |
45 × 0.05 = 2.25 min |
| 5 |
HCM 2022 Exhibit 12-7 (TRB 7th Ed.) |
TRB 2022 |
Road HCM base capacity (controlling: —
) |
0 vph |
| 6 |
HCM 2022 Ex. 10-15/10-17 + NIST Camp Fire validation |
TRB 2022 / NIST 2021 |
Hazard capacity degradation (Very High FHSZ) |
1.00× |
| → |
Derived from ⑤ × ⑥ |
Effective bottleneck capacity |
0 vph |
| 7 |
NFPA 101 Life Safety Code, 2021 Ed. |
2021 |
Evacuation mobilization rate (design basis) |
0.90 (constant) |
| 8 |
U.S. Census ACS B25044 |
2020 5-yr |
Zero-vehicle household adjustment (~10%) |
Incorporated in NFPA 101 constant |
| → |
Formula result |
ΔT (marginal evacuation clearance time) |
0.00 min |
Core Formula
ΔT = (project_vehicles / bottleneck_effective_capacity_vph) × 60 + egress_penalty
project_vehicles = 10 units × 2.5 vpu × 0.90 (NFPA 101 constant)
= 0 vph
egress_penalty = 0 (building < 4 stories)
Flagged when ΔT > 2.25 min (threshold = 45 min × 5%)
This determination applies the above authorities mechanically. No engineering judgment was
exercised. The same methodology is applied uniformly to all projects under AB 747.
Audit trail not available: determination_37_8914_n122_2494_10u.txt
Appeal Rights
This determination is the result of an objective, algorithmic analysis under adopted city
standards. All inputs, calculations, and threshold comparisons are recorded in the attached
audit trail and are fully reproducible.
An applicant who disagrees with this determination may appeal within 10 business days
of the date of this letter to the City of Berkeley Planning Commission. The appeal must
identify a specific factual error in the data inputs or threshold parameters. Engineering
judgment is not a basis for appeal — these are objective standards.
For questions, contact the Planning Department. Reference the case number on this letter.