Agenda packet — Berkeley City Council, June 17, 2025 (part 6 of 7)

Page 811 ends

Planning and Development Fee Schedule, effective 7/1/25 Page 26

CURRENT
FEE

PROPOSED

NEW FEE REMARKS
I. Building Emissions Saving Ordinance (BESO): Fees due with compliance filing at intervals shown Building size/type and Filing Requirement: Filing frequency:

1. LARGE BUILDINGS
A. Large Buildings, ≥ 25,000 square feet, Assessment
Filing Fee Every 5 years 240.00$ 275.00$

2. TIME OF LISTING
B. Medium Buildings, between 5,000 and 24,999
square feet, Assessment Filing Fee At point-of-listing 152.00$ 152.00$ no change C. Small Buildings, < 5,000 square feet, excluding 1-4
unit residential buildings, Assessment Filing Fee At point-of-listing 79.00$ 79.00$ no change D. Residential Buildings of 1-4 units At point-of-listing 79.00$ 79.00$ deleting this line, replaced by new fees below
E. Deferral of BESO compliance to buyer At point-of-listing 110.00$ 110.00$ no change F. Administrative Late Fee N/A When filing due 85.00$ 85.00$ no change

3. Compliance Certificate Fee At point-of-listing N/A $ 150.00 new fee Energy Report Noncompliance Fee At point-of-listing N/A $ 500.00 new fee

CHAPTER G- OFFICE OF ENERGY AND SUSTAINABLE DEVELOPMENT

FEE TYPE / DESCRIPTION
SMALL BUILDING UPGRADES (Single Family Homes and other 1-4 unit buildings)

Page 66 of 69 ends

Page 812 ends

Planning and Development Fee Schedule, effective 7/1/25 Page 27 Department-wide fees for services not otherwise listed in this schedule

FEE REMARKS
I. HOURLY RATE
For staff services not otherwise specified in the
Divisional sections of this fee schedule: 250.00$ per hour; minimum one hour charged II. PUBLIC RECORDS
A. Copying of documents in response to public
records requests: As specified in A.R. 3.8
B. Copying of compact discs (CDs) 10.00$ Per CD copied C. Customized computer programming/operations to
extract electronic records Actual Cost
City IT department will provide estimated
expense prior to data extraction. Deposit of
funds against City costs may be required
CHAPTER H - Planning and Development Department administration

FEE TYPE / DESCRIPTION

Page 67 of 69 ends

Page 813 ends

Attachment 3

NOTICE OF PUBLIC HEARING

BERKELEY CITY COUNCIL

REVISIONS TO PLANNING DEPARTMENT FEE SCHEDULE
The public may participate in this hearing by remote video or in-person.

Notice is hereby given by the City Council of the City of Berkeley that a public hearing will be conducted by said city council of the City of Berkeley at which time and place all persons may attend and be heard upon the following:

The Planning and Development Department is proposing revisions to its fee schedule effective July 1, 2025, to increase fees for base building permit applications and permit fees based on project valuations, to create permit fees for new types of solar and energy storage systems, to increase fees for certain appeals of Land Use decisions, to increase fees for Zoning Certificate for Short- Term Rentals, to update fees for compliance with new Building Emissions Savings Ordinance (BESO) requirements, to increase fees from the Public Works Department’s Engineering and Transportation Divisions which reside in the Planning fee schedule, and to make minor clarifications to language in the existing fee schedule
The hearing will be held on June 17, 2025 at 6:00 PM in the School District Board Room, located at 1231 Addison Street, Berkeley CA 94702.

For further information, please contact Jim Bondi, Associate Management Analyst, at (510) 981-7428.

A copy of the agenda material for this hearing will be available on the City’s website at https://berkeleyca.gov/ as of June 5, 2025. Once posted, the agenda for this meeting will include a link for public participation using Zoom video technology, as well as any health and safety requirements for in-person attendance.

Written comments should be mailed or delivered directly to the City Clerk, 2180 Milvia Street, Berkeley, CA 94704, or e-mailed to
[email protected] in order to ensure
delivery to all Councilmembers and inclusion in the agenda packet.

Communications to the Berkeley City Council 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 the City Council, 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 City Clerk. 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 City Clerk at (510) 981-6900 or [email protected] for further information.

Page 68 of 69 ends

Page 814 ends

Attachment 3
If you challenge the above 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 City of Berkeley at, or prior to, the public hearing.

Background information concerning this proposal will be available at the City Clerk Department and posted on the City of Berkeley webpage at least 12 days prior to the public hearing.

Published: May 30 and June 6, 2025 – The Berkeley Voice Published pursuant to Government Code Section 6062a
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the Notice for this Public Hearing of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on June 5, 2025.

Mark Numainville, City Clerk

Page 69 of 69 ends

Page 815 ends

Page 816 ends

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

PUBLIC HEARING
June 17, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
SubmittedBy: Jennifer Louis, Chief of Police
Subject: New Fee Schedule for Carry Concealed Weapon Permits

RECOMMENDATION
Conduct a public hearing and upon conclusion, adopt a Resolution establishing a new fee schedule (effective July 1, 2025) to support application processing, background investigations, and license issuance for Carry Concealed Weapon Permits.

SUMMARY
The proposed Resolution includes the introduction of new fees to offset costs associated with issuing Carry Concealed Weapons (CCW) licenses. Under state law, CCW licenses are issued by the County Sheriff or local Chief of Police. (CA Penal Code § 26150).

In June of 2022, the United States Supreme Court ruled in New York State Rifle & Pistol Association Inc. v. Bruen expanding the Second Amendment protections and constrained local discretion in denying CCW applications. California Sheriffs, including the Alameda County Sheriff, initiated efforts to transition CCW licensing responsibilities to local municipal police chiefs in accordance with state law.

As a result, individuals seeking a
CCW license will need to apply through the law enforcement agency with jurisdiction over where they live.

To comply with Penal Code § 26150-26235, the Berkeley Police Department is implementing a formal process to receive and evaluate CCW applications. The process requires fingerprinting, comprehensive background checks to confirm legal eligibility, mandatory 16-hour firearms training and qualification, reference checks and allows for psychological screening. While the psychological screening is optional and not mandated by law, the Department intends to require this step.

The proposed fee schedule is designed to offset the costs of administering the program, including staff time, fingerprinting services, software systems, and equipment used to process and vet applications.

FISCAL IMPACTS OF RECOMMENDATION
Adopting the proposed fee schedule would enable the city to recover the reasonable and

Page 1 of 8 ends

Page 817 ends

necessary costs of implementing and managing the CCW licensing process. Under Penal Code § 26190, local jurisdictions are permitted to establish fees but are statutorily limited to recovering actual administrative costs. No portion of the fee may exceed the cost reasonably incurred by the licensing authority. The proposed fee schedule is designed to recover the costs associated with the application process, including fees paid to the California Department of Justice, estimated staff time necessary to meet with applicants and process their applications, as well as the cost of software subscriptions used to facilitate the licensing process.

Any additional costs beyond these fees will be covered in the Police Department‘s existing General Fund budget. Additionally, there will be a loss of staff time associated with processing the applications. While any significant long-term fiscal impacts are unknown until the Department begins managing this mandated process, current projections indicate that any additional costs will be negligible.

CURRENT SITUATION AND ITS EFFECTS
The Police Department has already begun receiving inquiries and applications for CCW licenses but does not currently have an established structure to process applications, or the ability to collect reasonable fees. Fortunately, the Alameda County Sheriff has agreed to process these applications for a limited period of time as the Police Department implements a formal process. Therefore, the Police Department seeks Council approval to implement the proposed fee schedule and intends to finalize implementation and begin processing the applications July 1, 2025, in accordance with state law.

Many other cities in Alameda County have established these fees which are displayed below for comparative purposes.

ALTERNATIVE ACTIONS CONSIDERED
None.

Concealed Carry Weapon Permit Fees -
Standard 2 Year (Residents)
City/Agency
Initial
Application
Fee
Issuance
Fee Renewal Fee Duplicate
Alameda County Sheriff (Oakland and Dublin) $95.0 $100.0 $77.00 $10.00 Albany $250.0 $200.0 $165.00 $20.00
Emeryville $250.0 $330.0 $250.00 $50.00
Fremont $249.5 $249.5 $200.00 $50.00
Hayward $83.5 $83.5 $77.00 $10.00
Livermore $93.0 $387.0 $94.00 $47.00
Newark $200.0 $200.0 $150.00 $50.00
Piedmont $200.0 $200.0 $152.00 $30.00
Pleasanton $200.0 $300.0 $100.00 $25.00
San Leandro $165.5 $165.5 $383.00 $15.00
Union City $150.0 $150.0 $77.00 $10.00
Berkeley Proposed $255.0 $325.0 $225.00 $55.00

Page 2 of 8 ends

Page 818 ends

CONTACT PERSON
Jennifer Louis, Chief of Police (510) 981-5700
Attachments:
1: Resolution
2: Exhibit A: Proposed Police Department Carry Concealed Weapons Fee Schedule 3: Public Hearing Notice

Page 3 of 8 ends

Page 819 ends

RESOLUTION NO. ###-N.S.

FEES: SERVICES PROVIDED BY THE POLICE DEPARTMENT
WHEREAS, the Alameda County Sheriff will no longer process Carry Concealed Weapons (CCW) applications for the City of Berkeley; and WHEREAS, pursuant to California Penal Code Sections 26150-26235, the Berkeley Police Department is legally required to accept and process CCW license applications for residents within its jurisdiction; and
WHEREAS, the Berkeley Police Department shall conduct comprehensive background investigations of CCW applicants in accordance with state law; including but not limited to fingerprinting, psychological screening, firearms training verification, reference checks; and
WHEREAS, the administration of the CCW licensing process will result in costs to the City, including; staff time, equipment costs; software systems, and payments to state fees and other costs related to properly vetting of Carry Concealed Weapons license applicants; and
WHEREAS, no prior fee schedule has been established to recover reasonable costs incurred by the Berkeley Police Department in administrating the CCW licensing process; and
WHEREAS, in accordance with California Penal Code Section 26190, local agencies may charge fees to offset the actual and reasonable costs associated with processing CCW applications; and
WHEREAS, the City Council of the City of Berkeley held a public hearing on June 17, 2025 to consider the proposed fee schedule attached hereto as Exhibit A and incorporated herein by reference.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the fee schedule for Carry Concealed Weapons licensing services, as set forth in Exhibit A, is hereby adopted and shall become effective July 1, 2025.

Exhibits:

Exhibit A: Proposed Police Department Carry Concealed Weapons Fee Schedule

Page 4 of 8 ends

Page 820 ends

Exhibit A: Proposed Police Department Carry Concealed Weapons Fee Schedule Carry Concealed Weapons License Processing Fees:

Type of License: Standard Judicial Reserve

(Berkeley
Residents)
(Judges &
Magistrates)
(Reserve
Officers)

Valid for: 2 years 3 years 4 years

Initial Fee $255 $255 $255
Paid on submission of the application

Issuance Fee $325 $325 $325
Paid on approval of the application

Renewal Fee $225 $225 $225
Paid to renew an existing license

Duplicate / Modification Fee $55 $55 $55

Additional Fees will apply:
(Not collected by the City of Berkeley)

Livescan Fingerprinting + Rolling Fee Varies (Paid to Vendor)

Required Training/ Safety Class & Range
Qualification Varies (Paid to Vendor)

Psych Evaluation Varies (Paid to Provider)

Page 5 of 8 ends

Page 821 ends

Adoption of New Police Department Fee Schedule PUBLIC HEARING June 17, 2025

Page 6 of 8 ends

NOTICE OF PUBLIC HEARING

BERKELEY CITY COUNCIL
Proposed Police Department Carry Concealed Weapons Fee Schedule The public may participate in this hearing by remote video or in-person.

The Berkeley Police Department is proposing a new set of fees to recover the reasonable and necessary costs of implementing and managing the Carry Concealed Weapon licensing process.

Proposed Fees
Carry Concealed Weapons License Processing Fees:

Type of License: Standard Judicial Reserve

(Berkeley
Residents)
(Judges &
Magistrates)
(Reserve
Officers)

Valid for: 2 years 3 years 4 years

Initial Fee $255 $255 $255
Paid on submission of the application

Issuance Fee $325 $325 $325
Paid on approval of the application

Renewal Fee $225 $225 $225
Paid to renew an existing license

Duplicate / Modification Fee $55 $55 $55

Page 6 of 8 ends

Page 822 ends

Adoption of New Police Department Fee Schedule PUBLIC HEARING June 17, 2025

Page 7 of 8 ends

Additional Fees will apply:
(Not collected by the City of Berkeley)

Livescan Fingerprinting + Rolling Fee Varies (Paid to Vendor)

Required Training/ Safety Class & Range
Qualification Varies (Paid to Vendor)

Psych Evaluation Varies (Paid to Provider)

The hearing will be held on, June 17, 2025 at 6:00 p.m.in the School District Board Room, located at 1231 Addison Street, Berkeley CA 94702.

For further information, please contact Chief Jennifer Louis at (510) 981-5700.

Written comments should be mailed or delivered directly to the City Clerk, 2180 Milvia Street, Berkeley, CA 94704, or e-mailed to [email protected] in order to ensure delivery to all Councilmembers and inclusion in the agenda packet.

If you challenge the above 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 City of Berkeley at, or prior to, the public hearing.

Background information concerning this proposal will be available at the City Clerk Department and posted on the City of Berkeley webpage at least 12 days prior to the public hearing.

Page 7 of 8 ends

Page 823 ends

Adoption of New Police Department Fee Schedule PUBLIC HEARING June 17, 2025

Page 8 of 8 ends

Mark Numainville, City Clerk

Page 8 of 8 ends

Page 824 ends

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: https://berkeleyca.gov/

PUBLIC HEARING
JUNE 17, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director of Public Works
Subject: Changes to Select Public Works Transportation Permit Fees

RECOMMENDATION
Conduct a public hearing and upon conclusion, adopt a Resolution increasing fees for parking permits, rescinding Resolution No. 68,344-N.S.

FISCAL IMPACTS OF RECOMMENDATION
The recommendations in this report to adopt increased fees for parking permits will generate revenue to recover City costs associated with program activities. All parking permit fees are deposited into the General Fund. The new fees will go into effect on March 1, 2026, for Fiscal Year (FY) 2027 permit purchases.

The resulting net revenue increase from this recommendation is anticipated to be approximately $459,170, which would equate to a total annual revenue projection of $3,307,670 in FY27, up from $2,848,500 in Fiscal Year 2026.

Parking Permit Program Expenses
Per City Council Budget Policy, the Residential Preferential Parking Permit (RPP) Program is intended to be financially self-sufficient, which it has not achieved in many years. As of March 2025, the program runs an annual structural deficit of approximately $1,271,000. The deficit is a result of revenue being relatively flat since 2018, while program personnel and equipment costs have increased due to inflation and other factors.

As shown in Table 1, the proposed increase in year one will help close the gap between revenue and program costs. However, a substantial shortfall will remain even after the increase in permit fees. Therefore, similar increases are anticipated over the next 5 years to comply with City policy and to close the program’s revenue shortfall. To completely eliminate the parking permit program deficit, the majority of parking permit fees would need to be increased by over 100%. For example, Annual Residential and

Page 1 of 7 ends

Page 825 ends

Changes to Selected Public Works Transportation PUBLIC HEARING Permit Fees June 17, 2025

Page 2 ends

In-Home Care permit fees would need to increase from $66 to roughly $180, or a 173% increase.

Table 1: Parking Permit Fee Increase Schedule and Annual Revenue Projection Proposed Fee (FY27)Permit type Current
Fee (FY26) Amount ($) % Increase
Annual Residential & In-Home Care $66 $85.00 29%
Semi-Annual Residential & In-Home
Care $33 $42.00 27%
Child Care $66 $83.00 26%
1-Day Visitor $3 $4.00 33%
14-Day Visitor $34 $44.00 29%
Neighborhood Serving Community
Facility $83 $90.00 8%
1-Day Senior Center $3 $4.00 33%
Merchant $185 $190.00 3%
Parking Permit Program Costs $4,119,891 $4,243,487.23 -- Parking Permit Program Revenue $2,848,500 $3,307,672.58 -- Net Revenue -$1,271,391 -$935,814.66 --

CURRENT SITUATION AND ITS EFFECTS
The Preferential Parking Program includes Residential Preferential Parking (RPP) and business parking permits. The following parking permit types are issued by the City:
residential, in-home care, child-care, 1-day visitor, 14-day visitor, Neighborhood-Serving Community Facility, 1-day senior center, and merchant permits.

Revenue from existing permit fees is inadequate to cover all costs related to the program, which include Parking Enforcement staffing and equipment to enforce parking restrictions in RPP areas, Department of Finance revenue collection and customer service costs for printing, postage, processing renewals, and responding to inquiries; vendor charges for the City’s digital permit management system, and Department of Public Works costs for program management. Council last increased permit fees by roughly 20% on April 1, 2018 (Resolution No. 68,344-N.S. Fees: Residential Preferential Parking Permits, adopted February 27, 2018). In particular, Resolution No. 68,344-N.S. increased the cost for Annual Residential and In-Home Care permits from $55 to $66 and Merchant permits from $154 to $185. Note that other parking permit fees were increased by a similar amount.

As shown in Attachment 2, the program as a whole is operating at an annual deficit of approximately $1,271,000 despite City policy directing the Preferential Parking Program to pay for itself. The large deficit is due to permit fees being static since April 1, 2018,

Page 2 of 7 ends

Page 826 ends

Changes to Selected Public Works Transportation PUBLIC HEARING Permit Fees June 17, 2025

Page 3 ends

when they were increased by approximately 20-percent and to increases in staff, equipment and operating costs. While the basis for increasing parking permit fees is to bring the program closer to revenue neutrality, it would also bring the City’s permit fees closer to the fees charged by the City of Oakland and San Francisco. If this resolution is passed, the City’s annual residential, in-home care, and childcare permit fees would be $85 in Fiscal Year 2026. For a regional comparative example, the cost of annual residential parking permits in San Francisco and Oakland are $190 and $84-$162, respectively.

BACKGROUND
The Preferential Parking Program (RPP) was instituted in 1980 to: 1) protect City residential neighborhoods from an influx of non-resident vehicles and related traffic; 2) assure continued quality of life for residents; and 3) provide neighborhood parking for residents. The parking permit programs limit parking for vehicles without valid permits in most areas to two hours, and reserves available daytime parking for residents or other permit-holders, from 9 a.m. - 7 p.m. Monday through Friday, and on some blocks, Saturday.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Increasing parking permit program fees may encourage people to consider alternatives to driving and parking, which would result in a reduction in vehicle miles traveled and greenhouse gas emissions, as well as improvements in air quality and road safety.

RATIONALE FOR RECOMMENDATION
The recommendations included herein would bring Public Works permit programs closer to revenue neutrality, which is a City policy per the Adopted Budget for Fiscal Year 2025 and 2026. However, these fee increases will not completely eliminate the parking permit program deficit – future year fee increases will be submitted to bring parking permit revenue more in line with costs. The reason for spreading out the fee increases over 5 years is to ease the financial burden on customers, so they aren’t subject to permit fee increases exceeding 100% in any individual year.

ALTERNATIVE ACTIONS CONSIDERED
Council could reject these recommendations, which would keep the status quo, including operating these Public Works permit programs at a more significant deficit.

CONTACT PERSON
Wahid Amiri, Deputy Director, Public Works, (510) 981-6396 Noah Budnick, Senior Management Analyst, Public Works, (510) 812-9661 Elliott Schwimmer, Senior Planner, Parking Services, Public Works, (510) 981-7066

Page 3 of 7 ends

Page 827 ends

Changes to Selected Public Works Transportation PUBLIC HEARING Permit Fees June 17, 2025

Page 4 ends

Attachments:

1. Resolution - Fees: Preferential Parking Program Permits

2. Public Hearing Notice – Parking Permit Fees

Page 4 of 7 ends

Page 828 ends

Page 5 ends

RESOLUTION NO. ##,###‑N.S.

FEES: PREFERENTIAL PARKING PROGRAM PERMITS

WHEREAS, on February 27, 2018, City Council adopted Resolution No. 68,344-N.S., establishing a revised fee schedule for parking permits for annual residential preferential parking, 1-Day Visitors, 2-Week Visitors, annual in-home care, annual community- serving facility, annual merchant, 1-Day Senior Center, Semi-annual residential, and Semi-annual in-home care permits issued for the Preferential Parking Program; and rescinded Resolution No. 66,075-N.S.; and

WHEREAS, the current RPP Program is operating at an annual deficit of approximately $1,271,000; and

WHEREAS, it is necessary to increase Preferential Parking Program permit fees in order to operate the parking programs as a cost-neutral program in accordance with City Council Budget Policies.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the fees for the Preferential Parking Program are hereby established:

Permit type Current Fee (FY26) FY27 Fee
Annual Residential & In-Home
Care $66 $85
Semi-Annual Residential & In-
Home Care $33 $42
Child Care $66 $83
1-Day Visitor $3 $4
14-Day Visitor $34 $44
Neighborhood Serving
Community Facility $83 $90
1-Day Senior Center $3 $4
Merchant $185 $190
BE IT FURTHER RESOLVED that these fees shall be effective March 1, 2026 for Fiscal Year 2027 permit purchases and shall be deposited into the General Fund.

BE IT FURTHER RESOLVED that Resolution No. 68,344-N.S. is hereby rescinded effective March 1, 2026.

Page 5 of 7 ends

Page 829 ends

Page 6 ends

NOTICE OF PUBLIC HEARING

BERKELEY CITY COUNCIL

The public may participate in this hearing by remote video or in-person.

The Department of Public Works is proposing to increase the Preferential Parking Program permit fees over five years to reduce the programs operational deficit and recover costs associated with the Program.

Permit type Current Fee (FY26) Proposed Fee - FY27
Annual Residential & In-Home Care $66 $85
Semi-Annual Residential & In-Home
Care $33 $42
Child Care $66 $83
1-Day Visitor $3 $4
14-Day Visitor $34 $44
Neighborhood Serving Community
Facility $83 $90
1-Day Senior Center $3 $4
Merchant $185 $190
The hearing will be held on June 17, 2025, at 6:00 p.m. in the School District Board Room, located at 1231 Addison Street, Berkeley CA 94702.

For further information, please contact at Elliott Schwimmer, Senior Planner, 510.981.7066.

A copy of the agenda material for this hearing will be available on the City’s website at https://berkeleyca.gov/ on June 5, 2025. Once posted, the agenda for this meeting will include a link for public participation using Zoom video technology, as well as any health and safety requirements for in-person attendance.

Page 6 of 7 ends

Page 830 ends

Page 7 ends

or in person to the City Clerk. 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 City Clerk at (510) 981-6900 or [email protected] for further information.

Background information concerning this proposal will be available at the City Clerk Department and posted on the City of Berkeley webpage at least 12 days prior to the public hearing.

Published: May 30 and June 6 – The Berkeley Voice
Published pursuant to Government Code Section 6062a
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the Notice for this Public Hearing of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on June 5, 2025.

Mark Numainville, City Clerk

Page 7 of 7 ends

Page 831 ends

Page 832 ends

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

PUBLIC HEARING
June 17, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director, Department of Public Works Subject: Levy and Collection of Fiscal Year 2026 Street Lighting Assessments

RECOMMENDATION
Conduct a public hearing and upon conclusion adopt two Resolutions confirming the assessments for the Berkeley Street Lighting Assessment District No. 1982-1 and the Street Lighting Assessment District 2018, approving the Engineer’s Reports, and authorizing the levying and collection of assessments in Fiscal Year 2026.

FISCAL IMPACTS OF RECOMMENDATION
On May 20, 2025, Council adopted Resolution No. 71,780–N.S. (District No. 1982-1) and Resolution No. 71,781–N.S. (District 2018). declaring the City’s intent to levy and collect FY 2026 assessments for Berkeley Street Lighting Assessment District No. 1982-1 and Street Lighting Assessment District 2018, collectively referred to herein as the Districts; preliminarily approving the Engineer’s Reports for the Districts; and setting a public hearing for the June 17, 2025 Council Meeting.

The attached Resolutions confirm the assessments, approve the final Engineer’s Reports, and authorize the levy and collection of assessments in Fiscal Year 2026. The assessments are to be filed with the Alameda County Auditor and included on the County’s assessment roll. After collection by the County the total amount of the assessment minus a county collection fee is paid to the City of Berkeley. The revenue is posted in the Street Light Assessment District Fund (Fund 142).

A summary of forecasted FY 2026 revenue and expenditures for the Districts is shown in Table 1.

Page 1 of 49 ends

Page 833 ends

Levy and Collection - FY 2026 Street Lighting Assessment Districts PUBLIC HEARING June 17, 2025

Page 2 ends

Table 1: FY 2026 Street Light Assessment Revenue & Expenditures Forecast Street Lighting Program Expenditures $ 3,635,213
Projected Assessments
Street Light Assessment District 1982-1 $ 1,445,460
Street Light Assessment District 2018 $ 907,485
Misc. Revenue $ 75,647
Projected Net Assessments $ 2,428,592
From Street Light Assessment Fund Reserves $ (1,206,621) Allowable annual adjustments of the 2018 District assessment rates are expected to raise revenues over the coming years. The amount funded from reserves reflects past years’ work and funding fluctuations. Reserves are the accumulated balance in the street lighting assessment fund which can only be used for street lighting maintenance or improvements. In FY 2024 there was a surplus of approximately $326,000. In FY 2025 a deficit of approximately $225,000 is expected. The main reason for the large deficit expected in FY 2026 is the accumulation of capital expenditures. This includes expenditures from undergrounding district UUD481, FY 2023 Street Light Maintenance (Pole Replacement), and other capital projects carried over from prior years which will be finalized in FY 2026.

Staff anticipate the fund will have a balance of approximately $2.5 million at the end of FY 2025, which is adequate to support the FY 26 projected deficit. If there is a need to reduce the use of reserves substantially next year, staff could look at pausing upcoming projects such as the Citywide lighting assessment, as well as other miscellaneous capital expenditures. However, staff cannot pause UUD48 and have already awarded and are close to issuing Notices to Proceed on the FY 2023 Street Lighting Maintenance Project (pole replacement).

CURRENT SITUATION AND ITS EFFECTS
The proposed FY 2026 rates for Assessment District 1982-1 (1982 District) are incorporated into the Engineer’s Report (Attachment 3) and reflect no changes to assessment rates in FY 2026. Accordingly, this action is exempt from the notice, protest, and hearing requirements of State Proposition 218 as set forth in Government Code Section 53753.5 (Article XIII D, Sec. 5). Any increase or change in formula for the assessments would make the annual assessment subject to procedures and approval 1 UUD48, otherwise known as Underground Utility District 48, is in Council District 6 and includes 178 residential parcels in the area of Grizzly Peak Boulevard, Senior Avenue, Summit Road, and Avenida Drive.

Page 2 of 49 ends

Page 834 ends

Levy and Collection - FY 2026 Street Lighting Assessment Districts PUBLIC HEARING June 17, 2025

Page 3 ends

process of Proposition 218 (Government Code Section 53750-53754). Table 2 details prior year and proposed FY 2026 assessment rates for this district.

Table 2: Street Lighting Assessment District No. 1982-1 Rate Schedule Rate Category
Assessment
FY 2025
Proposed
Assessment
FY 2026
Unit
Residential and
Institutional
$ 0.0108 $ 0.0108 BSF2
Industrial and Utility $ 0.0216 $ 0.0216 BSF
Commercial $ 0.0432 $ 0.0432 BSF
The assessment for Street Lighting Assessment District 2018 (2018 District) is subject to an annual adjustment tied to the Consumer Price Index-U for the San Francisco Bay Area as of December of each succeeding year (the "CPI"), with a maximum annual adjustment not to exceed 3%. For the period beginning in December 2023 and ending in December 2024, the CPI increased by 2.38%, therefore, the assessment CPI adjustment for Fiscal Year 2026 may not exceed the 2.38%. As approved by voters, the total annual adjustment may be calculated by taking the sum of the 1982-1 District and 2018 District assessments and multiplying the sum by the allowable CPI increase.

Calculating the adjustment in this manner allows for including a 1982-1 District adjustment as part of the 2018 District adjustment. The CPI adjustment of 2.38% is applied to the combined total of the 1982-1 and 2018 District assessments, resulting in a total effective rate increase of approximately 6.24% for the 2018 District.3 These rate increases and the methodology used in their calculation for the 2018 District are in accordance with the voter approved measure; therefore, the proposed adjustments are exempt from the notice, protest, and hearing requirements of State Proposition 218 as set forth in Government Code Section 53753.5 (Article XII D, Sec. 5). Table 3 details the proposed FY 2026 assessment rates for this district. Additional information regarding the annual adjustment and the corresponding rate increases is included in the 2018 District Engineer’s Report (Attachment 4). 2 Building Square Footage (BSF)
3 Bureau of Labor Statistics, Data Series CUUSS49BSA0

Page 3 of 49 ends

Page 835 ends

Levy and Collection - FY 2026 Street Lighting Assessment Districts PUBLIC HEARING June 17, 2025

Page 4 ends

Table 3: Street Lighting Assessment District 2018 Rate Schedule Rate Category
Assessment
FY 2025
Proposed
Assessment
FY 2026
Unit
Residential
Single Family $ 17.96 $ 19.08 parcel
Multi-Family<5 units $ 14.37 $ 15.26 unit
Multi-Family 5 or more units $ 10.78 $ 11.45 unit
Condominium $ 14.37 $ 15.26 parcel
Mobile Home $ 8.98 $ 9.54 unit
Multiple SFR on parcel $ 17.96 $ 19.08 unit
Non-Residential
General Commercial $ 269.40 $ 286.20 acre
Industrial / Warehouse $ 26.94 $ 28.62 acre
Auto Repair $ 179.60 $ 190.80 acre
Hotel / Motel / Boarding $ 179.60 $ 190.80 acre
Hospital $ 112.25 $ 119.25 acre
Retirement Home $ 22.45 $ 23.85 acre
School / Day Care $ 40.41 $ 42.93 acre
Medical / Dental / Vet $ 224.50 $ 238.50 acre
Church $ 13.47 $ 14.31 acre
Mortuary $ 4.49 $ 4.77 acre
Recreational $ 44.90 $ 47.70 acre
Parking / Transportation $ 89.80 $ 95.40 acre
Mini Storage $ 13.47 $ 14.31 acre
Office $ 67.35 $ 71.55 acre
Bank $ 224.50 $ 238.50 acre
Park / Open Space / Agriculture $ 0.90 $ 0.95 acre
Vacant Not assessed
Revenue from the assessments will provide needed funding for installing, maintaining, and servicing public lighting facilities, including but not limited to street lights, traffic signals, and related electrical facilities. The improvements and services support the Strategic Plan goals of creating a resilient, safe, connected, and prepared city and providing state-of-the-art, well-maintained infrastructure, amenities, and facilities.

BACKGROUND
The Berkeley Street Lighting Assessment District No. 1982-1 was established under the Landscaping and Lighting Act of 1972 (Streets and Highway Code Section 22620- 22631) on July 27, 1982 (Resolution No. 51,449-N.S.)4. The Street Lighting Assessment 4 State of California legislation (Streets & Highways §22500) allows local governmental agencies to form

Page 4 of 49 ends

Page 836 ends

Levy and Collection - FY 2026 Street Lighting Assessment Districts PUBLIC HEARING June 17, 2025

Page 5 ends

District 2018 was established under the same Act on June 12, 2018 (Resolution No. 68,482-N.S.). The Act requires the City Council to hold a public hearing each year to consider adoption of an annual budget and approve changes to the Engineer’s Report.

At this hearing owners of assessed properties within the district are allowed to make an oral or written protest against the annual levy.

During the course of, or upon conclusion of the public hearing, City Council may order changes in any of the matters provided in the respective Engineer’s Report, including changes in improvements; zones within the assessment district; and the proposed district diagram, or the proposed assessment, as long as any proposed changes are less than the proposed annual levy. With the incorporation of any changes made by Council to the Engineer’s Report, it is then adopted upon supporting vote by Council confirming the diagrams, assessments, and levying assessments for the coming Fiscal Year.

The City’s Engineering Division has filed the FY 2026 Engineer’s Reports for the assessment districts with the City Clerk. Copies of the Engineer’s Reports with FY 2025 assessments will be available for review on the City’s Website5 after this Council Action, and at the reference desk of the main branch of the Berkeley Public Library and at the City Clerk’s Office when the City offices reopen for public business.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The City exclusively uses LED (light emitting diode) street lighting. LED lights achieve the City’s illumination standards and last longer than high-pressure sodium lamps, reducing maintenance costs, and providing environmental benefits by reducing the level of greenhouse gases emitted, reducing the level of toxic materials disposed, and maximizing energy efficiency.

RATIONALE FOR RECOMMENDATION
Failure to conduct a public hearing and adopt the Resolutions would result in non- compliance of the requirements set forth in the Landscaping and Lighting Act of 1972 thus preventing the City from levying assessments in FY 2026. The District assessments are needed to establish financial sustainability for the Program and to avoid significant reductions in service.

CONTACT PERSON
Wahid Amiri, Deputy Director, Public Works, (510) 981-6396 Ronald A. Nevels, Manager of Engineering, Public Works, (510) 981-6439 Ricardo Salcedo, Associate Civil Engineer, Public Works, (510) 981-6407 Landscape & Lighting Maintenance Districts. A 1972 Act Landscaping and Lighting District is a flexible tool used by local government agencies to pay for landscaping, lighting and other improvements and services in public areas. It is based on the concept of assessing only those properties that benefit from improvements financed, either directly, or indirectly through increased property values. http://www.californiataxdata.com/pdf/1972LLact.pdf
5 https://berkeleyca.gov/city-services/report-pay/property-taxes

Page 5 of 49 ends

Page 837 ends

Levy and Collection - FY 2026 Street Lighting Assessment Districts PUBLIC HEARING June 17, 2025

Page 6 ends

Attachments:
1: Resolution – Declaration of Intent – Street Lighting Assessment District 1982-1 2: Resolution – Declaration of Intent – Street Lighting Assessment District 2018 3: Engineer's Report - Street Lighting Assessment District 1982-1 Fiscal Year 2026 4: Engineer's Report - Street Lighting Assessment District 2018 Fiscal Year 2026 5: Public Hearing Notice

Page 6 of 49 ends

Page 838 ends

RESOLUTION NO. ##,###-N.S.

LEVY AND COLLECTION OF FY 2026 ASSESSMENTS FOR STREET LIGHTING ASSESSMENT DISTRICT 1982-1
WHEREAS, the Council of the City of Berkeley adopted Resolution No. 71,780–N.S declaring the City’s intent to levy and collect assessments for FY 2026, approving the preliminary Engineer’s Report, dated April 2025, for the Berkeley Lighting Assessment District 1982-1, and setting a public hearing for June 17, 2025; at a regular Council Meeting; and
WHEREAS, the City Clerk published notice of the public hearing 10 days prior to the public hearing in accordance with Streets and Highway Code Sections 22625, 22626, 22552, and 22553 and Government Code Section 6061 in a newspaper with general circulation; and
WHEREAS, a public hearing was held on Tuesday, June 17, 2025 at the regular City Council meeting; and all interested persons were afforded the opportunity to hear and be heard or file a written protest with the Clerk; and
WHEREAS, the Council considered all public comments received against the levy of an annual assessment at the same rate as was levied in FY 2025 and the assessment follows the Landscape and Lighting Act of 1972.

NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley approves the final Engineer’s Report dated April 2025 and authorizes the levy and collection of assessments within Berkeley Street Lighting Assessment District No. 1982-1 for FY 2026.

The area of Land to be assessed is located in the City of Berkeley, Alameda County.

BE IT FURTHER RESOLVED that improvements to be made in this assessment district are generally described as maintenance or servicing of existing and future public lighting facilities, including, but not limited to street lights, traffic signals, and related electrical facilities; and the installation and construction of public lighting including but not limited to grading, clearing, removal of debris, installation and construction of curbs, gutters, walls, sidewalk, paving, irrigation, and drainage as needed for the installation of public lighting or related electrical facilities.

Page 7 of 49 ends

Page 839 ends

RESOLUTION NO. ##,###-N.S.

LEVY AND COLLECTION OF FY 2026 ASSESSMENTS FOR STREET LIGHTING ASSESSMENT DISTRICT 2018
WHEREAS, the Council of the City of Berkeley adopted Resolution No. 71,781–N.S. declaring the City’s intent to levy and collect assessments for FY 2026, approving the preliminary Engineer’s Report, dated April 2025, for the Street Lighting Assessment District 2018, and setting a public hearing for June 17, 2025; at a regular Council Meeting; and
WHEREAS, the City Clerk published notice of the public hearing 10 days prior to the public hearing in accordance with Streets and Highway Code Sections 22625, 22626, 22552, and 22553 and Government Code Section 6061 in a newspaper with general circulation; and
WHEREAS, a public hearing was held on Tuesday, June 17, 2025 at the regular City Council meeting and all interested persons were afforded the opportunity to hear and be heard or file a written protest with the Clerk; and
WHEREAS, the Council considered all public comments received against the levy of an annual assessment at the proposed assessment rate of NINETEEN DOLLARS AND EIGHT CENTS ($19.08) per single-family equivalent benefit unit; and WHEREAS, the proposed annual assessment adjustment is in accordance with formulas established when the assessment district was formed and the assessment follows the provisions of Proposition 2018 (Article XIII D of the California Constitution) and the Landscape and Lighting Act of 1972.

NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley approves the final Engineer’s Report dated May 2024 and authorizes the levy and collection of assessments within Street Lighting Assessment District 2018 for FY 2026. The area of land to be assessed is located in the City of Berkeley, Alameda County.

BE IT FURTHER RESOLVED that that improvements to be made in this assessment district are generally described as maintenance or servicing of existing and future public lighting facilities, including, but not limited to street lights, traffic signals, and related electrical facilities; and the installation and construction of public lighting including but not limited to grading, clearing, removal of debris, installation and construction of curbs, gutters, walls, sidewalk, paving, irrigation, and drainage as needed for the installation of public lighting or related electrical facilities.

Page 8 of 49 ends

Page 840 ends

Internal
ATTACHMENT 3
1 CITY OF BERKELEY

STREET LIGHTING
ASSESSMENT DISTRICT No. 1982-1
ENGINEER’S REPORT
on the
Levy of an Assessment
for
Fiscal Year 2026
April 2025
Prepared by

RONALD NEVELS, PE

CITY OF BERKELEY

DEPARTMENT OF PUBLIC WORKS

ENGINEERING DIVISION

Page 9 of 49 ends

Page 841 ends

Internal
STREET LIGHTING ASSESSMENT DISTRICT No. 1982-1 ATTACHMENT 3 2 TABLE OF CONTENTS
BACKGROUND ......................................................................................................................................................3 PLANS AND SPECIFICATIONS.................................................................................................................................3 METHODOLOGY ...................................................................................................................................................3 ESTIMATE OF COSTS .............................................................................................................................................3 DIAGRAM .............................................................................................................................................................4 ASSESSMENT ........................................................................................................................................................5 APPENDIX A: FY 2026 ASSESSMENT ROLL .............................................................................................................7

LIST OF TABLES
Table 1- FY 2026 Street Light Fund Forecast ..........................................................................................................4

Page 10 of 49 ends

Page 842 ends

Internal
STREET LIGHTING ASSESSMENT DISTRICT No. 1982-1 ATTACHMENT 3 3 BACKGROUND
By its Resolution 51,230 N.S., adopted April 6, 1982, the Berkeley City Council initiated proceedings under the provisions of Division 15, Part 2, of the California Streets and Highways Code, entitled “Landscaping and Lighting Act of 1972”. The required public hearing was held on July 20, 1982, at which time the Council ordered the improvements and the formation of the assessment district, and confirmed the diagram and assessment. The district so formed was designated the “City of Berkeley Street Lighting Assessment District 1982-1”. Assessments have been levied for the 1983 through 2024 fiscal years.

This report was prepared and filed pursuant to Division 15, Part 2, of the California Streets and Highway Code Section 2250, and is exempt from Government Code Section 53753 since the proposed assessment for FY 2026 will not be increased.

PLANS AND SPECIFICATIONS
The plans and specifications for this assessment district were prepared and filed with the Engineer’s Report for the 1983 fiscal year, which plans and specifications are incorporated herein by this reference thereto.

METHODOLOGY
The benefit to individual parcels within the Assessment District was established in 1982 based on the median light intensity a parcel receives. Parcel’s Land Use Code (LUC) is used to categorize the parcels. The assessment is calculated by multiplying the building square footage on the parcel times the rate of its category. The rate structure has three categories: 1) Residential and Institutional, 2) Industrial, 3) Commercial. An industrial area has twice the median light intensity of a residential area and a commercial area has four times the median light intensity; therefore, the rates are two and four times higher, respectively, than the residential rate. The rates are:

Residential and Institutional $0.0108/Building Square Footage Industrial and Utility $0.0216/Building Square Footage
Commercial $0.0432/Building Square Footage

ESTIMATE OF COSTS
The improvements to be made in this assessment district are generally described as the maintenance or servicing of existing and future public lighting facilities, including, but not limited to street lights, traffic signals, and related electrical facilities; and the installation and construction of public lighting including grading, clearing, removal of debris, installation and construction of curbs, gutters, walls, sidewalks, paving, irrigation, and drainage as needed for the installation of public lighting or related electrical facilities.

Page 11 of 49 ends

Page 843 ends

Internal
STREET LIGHTING ASSESSMENT DISTRICT No. 1982-1 ATTACHMENT 3 4 An estimate of costs for the maintenance of the improvements is provided in the fiscal year (FY) 2026 Street Light Assessment Fund (Fund 142) forecast provided below.

Table 1- FY 2026 Street Light Fund Forecast
Expenses
Personnel Expenses $ 626,771
Non-Personnel Expenses
Non-Personnel $ 1,070,599
Debt Service $ 370,451
PG&E Electric Costs $ 592,976
Indirect Costs $ 84,929
Operating Transfer Out $ 12,120
County Collection Fee $ 37,367
Subtotal Non-Personnel Costs $ 2,168,442
Capital Expenses $ 840,000
Total Expenses $ 3,635,213
Assessments & Other Revenue
Street Light Assessment District 1982-1 $ 1,445,460
Street Light Assessment District 2018 $ 907,485
Misc. Revenue $ 75,647
Total Revenue $ 2,428,592
Deficit – To (from) General Fund and/or
Reserves $ (1,206,621)

DIAGRAM
The diagram for this assessment district was prepared and filed with the Engineer’s Report for the 1983 fiscal year.

Page 12 of 49 ends

Page 844 ends

Internal
STREET LIGHTING ASSESSMENT DISTRICT No. 1982-1 ATTACHMENT 3 5 ASSESSMENT
Except as described below, the assessments to be made against the assessable lots and parcels of land within this assessment district are contained in the “2025 Assessment Roll” for this district, which roll is filed herewith and incorporated herein by this reference thereto.

Said assessment roll filed herewith is based on data contained in the City’s 2025 Library Tax tape and the County Assessor’s 2025 maps. In the event that data contained in the 2025 Library Tax tape and 2025 maps, when issued, conflict therewith, assessments to be made against the affected parcels for this 2026 Fiscal Year shall be based upon the revised data contained in said 2026 tape and 2026 maps.

Dated: ______________ ___________________________
Ronald Nevels, RCE 62524
Engineer of Work

Page 13 of 49 ends

Page 845 ends

Internal
STREET LIGHTING ASSESSMENT DISTRICT 1982-1 ATTACHMENT 3 7 APPENDIX A: FY 2026 ASSESSMENT ROLL
An Assessment Roll (a listing of all parcels assessed within the City of Berkeley Street Lighting Assessment District 1982-1 and the amount of the assessment) has been filed with the City Engineer, and is, by reference, made part of this report and will be available for public inspection during normal office hours.

Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest County Assessor records and these records are, by reference, made part of this report.

These records shall govern all details concerning the description of the lots or parcels.

Page 14 of 49 ends

Page 846 ends

FY 2026

City of Berkeley
Street Lighting Assessment District 2018
May 2025

Page 15 of 49 ends

Page 847 ends

(This Page Intentionally Left Blank)

Page 16 of 49 ends

Page 848 ends

City of Berkeley
Street Lighting Assessment District 2018
FY 2026
Page i

CITY OF BERKELEY
City Council
Adena Ishii, Mayor
Rashi Kesarwani, District 1
Terry Taplin, District 2
Ben Bartlett, District 3
Igor Tregub, District 4
Shoshana O’Keefe, District 5
Brent Blackaby, District 6
Cecilia Lunaparra, District 7
Mark Humbert, District 8

City Manager
Paul Buddenhagen

Public Works Department
Terrance Davis, Public Works Director
Ronald A. Nevels, Manager of Engineering
Ricardo Salcedo, Associate Civil Engineer

City Attorney
Farimah Brown

Engineer of Work
John Bliss, P.E., SCI Consulting Group

Page 17 of 49 ends

Page 849 ends

City of Berkeley
Street Lighting Assessment District 2018
FY 2026
Page ii

TABLE OF CONTENTS

Introduction ...................................................................................................... 1 Overview ...................................................................................................................... 1 Assessment Formation Process .................................................................................... 2 Legal Requirements ...................................................................................................... 2 Proposition 218 2
Silicon Valley Taxpayers Association, Inc. v. Santa Clara County Open Space Authority 3
Dahms v. Downtown Pomona Property 4
Bonander v. Town of Tiburon 4
Beutz v. County of Riverside 5
Golden Hill Neighborhood Association v. City of San Diego 5 Compliance with Current Law 5
Plans and Specifications .................................................................................... 6 Fiscal Year 2026 Budget .................................................................................... 8 Method of Assessment ................................................................................... 10 Discussion of Benefit .................................................................................................. 10 Special Benefit ............................................................................................................ 11 Improved Visibility and Safety 11
Improved Access, Navigation and Traffic Safety 11
Improved Community Character and Vitality 11
General Versus Special Benefit .................................................................................. 12 Quantification of General Benefit .............................................................................. 12 Calculation of General Benefit 13
Calculation of the Current General Benefit Contribution from the City 15 General Benefit is More than Offset by City Contribution 15 Method of Assessment ............................................................................................... 15 Residential Traffic 16
Non‐Residential Traffic 16
Darkness 17
Single‐Family Equivalents 17
Annual Assessment Increase ...................................................................................... 18 Duration of Assessment ............................................................................................. 19 Appeals and Interpretation ........................................................................................ 19

Page 18 of 49 ends

Page 850 ends

City of Berkeley
Street Lighting Assessment District 2018
FY 2026
Page iii

Assessment Statement ................................................................................... 20 Assessment Diagram ....................................................................................... 22 Appendix A – SANDAG Trip Generation Tables ............................................... 23 Appendix B – Assessment Roll ........................................................................ 25

Page 19 of 49 ends

Page 851 ends

City of Berkeley
Street Lighting Assessment District 2018
FY 2026
Page iv

List of Tables
Table 1 – FY 2026 Budget Summary ................................................................................... 8 Table 2 – General Benefit for Arterial Streets .................................................................. 14 Table 3 – Calculation of General Benefit .......................................................................... 14 Table 4 – Single‐Family Equivalent Rates .......................................................................... 18 Table 5 – Maximum Single‐Family Equivalent Rate Calculation ....................................... 19

Page 20 of 49 ends

Page 852 ends

City of Berkeley
Street Lighting Assessment District 2018
FY 2026
Page v

List of Figures
Figure 1 – Assessment Diagram ........................................................................................ 22

Page 21 of 49 ends

Page 853 ends

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

Page 1 ends

Introduction
Overview
The City of Berkeley (“City”) provides maintenance and servicing of certain publicly‐ owned street lights throughout the City. In order to fund the installation, maintenance and operation (the “Services”) of these improvements (“Improvements”), the City formed a city‐wide street light assessment district in 1982. The rates for the 1982 assessment district have never been increased. Revenues from these assessments are placed into the streetlight fund (Fund 142).

In time, the financial outlook of the Streetlight fund began to cause concern as the costs increased for energy, labor and materials, while the revenue remained relatively static.

Accordingly, the Streetlight fund no longer had enough funds to fund the Street light program. As a result, beginning in Fiscal Year 2006
1 the Streetlight fund began to receive
a subsidy from the City’s General Fund in order to balance revenues with expenditures.

However, because of other demands on the General Fund, that subsidy ended beginning Fiscal Year 2018. The modest fund balance was sufficient for Fiscal Year 2018 to cover that year’s anticipated expenses, but under those conditions it was expected to be depleted during Fiscal Year 2019. To establish financial sustainability for the Streetlight fund and avoid significant reductions in service levels, in 2018 the City conducted a funding measure to increase the assessment revenue for street light services.

With the passage of Proposition 218 in 1996, any increase in assessments must be approved by the affected property owners through a specified ballot proceeding. In addition, Proposition 218 and related subsequent court decisions create strict criteria for how assessments can be apportioned to the various propertie s, and the existing 1982 assessment structure may not be adequately consistent with these newer criteria.

While the 1982 assessment structure may continue as a “grandfathered” assessment, any increase must be implemented in accordance with Proposition 218 and court decisions. For this reason, a new district, Street Lighting Assessment District 2018 (“District”), was formed separately, leaving the 1982 assessmen t structure in place, as is.

The District was formed and the assessments levied pursuant to Part 2 of Division 15 of the California Streets and Highways Code, commonly known as the Landscape and Lighting Act of 1972 (“Act”), and Article XIIID of the California Constitution (“Article”).

1 Fiscal years are referenced in this Report by the year that fiscal period ends. For example, Fiscal Year 2006 would cover the period from July 1, 2005 through June 30, 2006.

Page 22 of 49 ends

Page 854 ends

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

Page 2 ends

Assessment Formation Process
This Engineer’s Report (“Report”) describes the Street Lighting Assessment District 2018 ( “ D i s t r i c t ” ) , a l o n g w i t h t h e b o u n d a r i e s , a d e s c r i p t i o n o f t h e facilities and public improvements to be improved, serviced and maintained by the ass essments (the "Improvements”), and the proposed assessments for Fiscal Year 2026 (“Assessments”).

At its meeting on April 3, 2018, the City Council passed a resolution directing that a notice of assessment and assessment ballot be mailed to property owners wi t h in th e Di st r i ct whose property receives special benefit from the Improvements. The notice included a description of the Improvements to be funded by the Assessments , the proposed assessment amount for each parcel owned, and an explanation of the method of completing and submitting the ballot. Ballots were mailed on or about April 11, 2018.

On May 29, 2018, a public hearing was be held for the purpose o f allowing public testimony regarding the proposed Assessments. At the Public Hearing, the public had the o p p o r t u n i t y t o s p e a k o n t h e i s s u e , v o i c e a n y c o n c e r n s o r p r o t e sts, and obtain further information about the proposed Assessments.

The returned ballots were then t abulated, and the ballot result s were announced at the City Council meeting on June 12, 2018. It was determined that t he assessment ballots s u b m i t t e d i n o p p o s i t i o n t o t h e p r o p o s e d A s s e s s m e n t s d i d n o t e x ceed the assessment b a l l o t s s u b m i t t e d i n f a v o r o f t h e A s s e s s m e n t s ( e a c h b a l l o t w a s weighted by the proportional financial obligation of the property for which the ballot was submitted), so the Council was able to take action to approve the levying of A ssessments for Fiscal Year 2019. The Assessments were confirmed and approved, and the Asse ssment information was submitted to the County Auditor/Controller. The County Auditor/Controller included the Assessments on the property tax roll beginning in Fiscal Year 2019. Assessments may now be continued by the City Council from year to year.

Legal Requirements
Proposition 218
This Assessment District was formed consistent with Proposition 218, The Right to Vote on Taxes Act, which was approved by the voters of California on November 6, 1996 and is now codified as Articles XIIIC and XIIID of the California C onstitution. Proposition 218 provides for benefit assessments to be levied to fund the cost o f p r o v i d i n g s e r v i c e s , improvements, as well as maintenance and operation expenses to a public improvement which benefits the assessed property.

Page 23 of 49 ends

Page 855 ends

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

Page 3 ends

Proposition 218 describes a number of important requirements, including property‐ owner balloting for the imposition, increase and extension of assessments, and these requirements are satisfied by the process used to establish this Assessment District.

Silicon Valley Taxpayers Association, Inc. v. Santa Clara Count y Open Space Authority
In July 2008, the California Supreme Court decided Silicon Vall ey Taxpayers Association, Inc. v. Santa Clara County Open Space Authority (“SVTA”), the most significant court case clarifying the substantive assessment requirements of Proposition 218. Several of the most important elements of the decision included further emphas is that:
 Benefit assessments are for special benefits to property, not general benefits.  The services and/or improvements funded by assessments must be clearly defined.
 Assessment districts must be drawn to contain all parcels that receive a special benefit from a proposed public improvement.
 Assessments paid in each assessment district must be proportional to the special benefit received by each such parcel from the improvements and services funded by the assessment.

This Engineer’s Report and the process used to establish the Assessments are consistent with the SVTA decision and with the requirements of Article XIIIC and XIIID of the California Constitution based on the following factors:

1. The District is narrowly drawn to include only the properties t hat receive special benefit from the specific Improvements. Thus, zones of benefit are not required, and the assessment revenue derived from real property in the District is extended only on the Improvements in the District.

2. The Improvements which will be constructed and maintained with Assessment proceeds in the District are located in close proximity to the real property subject to the Assessment. The Improvements provide illumination to str eets and sidewalks enabling improved access to the residents of such ass essed property.

The proximity of the Improvements to the assessed parcels and the improved access and increased safety provided to the residents of the as sessed parcels by the Improvements provides a special benefit to the parcel being assessed pursuant to the factors outlined by the Supreme Court in that decision.

Page 24 of 49 ends

Page 856 ends

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

Page 4 ends

3. Due to their proximity to the assessed parcels, the Improvement s financed with Assessment revenues in the District benefit the properties in that District in a manner different in kind from the benefit that other parcels of real property in the area derive from such Improvements, and the benefits conferred on such property in the District are more extensive than a general incr ease in property values.

4. The assessments paid in the Distr ict are proportional to the sp ecial benefit that each parcel within the District receives from the Improvements because:
a) The costs of the specific lighting Improvements and maintenance and utility costs in the District are specified in this Report; and

b) Such Improvement and maintenance costs in the District are allocated among different types of property located within the District and equally among those properties which have similar characteristics, such as single‐ family residential parcels, multi‐family residential parcels, commercial parcels, industrial parcels, etc.

Dahms v. Downtown Pomona Property
On June 8, 2009, the Court of Appeal amended its original opini on upholding a benefit assessment for property in the downtown area of the City of Pom ona in Dahms v.

Downtown Pomona Property (“Dahms”). On July 22, 2009, the California Supreme Court denied review. In Dahms the Court upheld an assessment that was 100% special benefit (i.e. 0% general benefit) on the rationale that the services an d improvements funded by the assessments were directly provided to property in the asses sment district. The Court also upheld discounts and exemptions from the assessment for certain properties.

Bonander v. Town of Tiburon
On December 31, 2009, in Bonander v. Town of Tiburon (“Bonander”), the Court of Appeal overturned a benefit assessment approved by property owners to pay for placing o v e r h e a d u t i l i t y l i n e s u n d e r g r o u n d i n a n a r e a o f t h e T o w n o f T iburon. The Court invalidated the assessments primarily on the grounds that the assessments had been apportioned to assessed property based in part on relative costs within sub‐areas of the assessment district instead of the overall cost of the improveme n t s a n d t h e o v e r a l l proportional special benefits.

Page 25 of 49 ends

Page 857 ends

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

Page 5 ends

Beutz v. County of Riverside
On May 26, 2010 the Court of Appeals issued a decision in Steven Beutz v. County of Riverside (“Beutz”). This decision overturned an assessment for park maintenance i n Wildomar, California, primarily because the general benefits as sociated with improvements and services was not explicitly calculated, quanti fied and separated from the special benefits.

Golden Hill Neighborhood Association v. City of San Diego On September 22, 2011, the Court of Appeal issued a decision in Golden Hill Neighborhood Association v. City of San Diego appeal. This deci sion overturned an assessment for street and landscap ing maintenance in the Greate r Golden Hill neighborhood of San Diego, California. The Court described two primary reasons for its decision. First, like in Beutz, the Court found the general benefits associated with services were not explicitly calculated, quantified and separated from t he special benefits. Second, the Court found that the City failed to recor d the basis for the assessment on its own parcels.

Compliance with Current Law
This Engineer’s Report is consistent with the requirements of A rticles XIIIC and XIIID of the California Constitution and with the SVTA decision because the Improvements to be funded are clearly defined; the I mprovements are directly avail able to and will directly benefit property in the District; and the Improvements provide a direct advantage to property in the District that would not be received in absence of the Assessments.

This Engineer’s Report is consistent with Beutz, Dahms and Greater Golden Hill because the Improvements will directly benefit property in the District and the general benefits have been explicitly calculated and quantified and excluded fro m the Assessments. The Engineer’s Report is consistent with Bonander b e c a u s e t h e A s s e s s m e n t s h a v e b e e n apportioned based on the overall cost of the Improvements and Services and proportional special benefit to each property.

Page 26 of 49 ends

Page 858 ends

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

Page 6 ends

Plans and Specifications
The work and Improvements to be undertaken by the City and the cost paid from the levy of the annual assessment provide special benefit to assessor pa rcels within the District defined in the Method of Assessment herein. Consistent with the Act, the Improvements are generally described as follows:

The installation, maintenance, and servicing of local street lights in close proximity to certain lots and parcels which provide a direct special benefit to such lots or parcels.

The installation, maintenance, and servicing of peripheral stree t l i g h t st r u c t u r e s w h i c h provide a special benefit to all the assessable parcels within the District whether or not such parcels are in close proximity to such lighting.

The installation or construction of public lighting facilities, or the acquisition of any new improvements.

Plans and Specifications for the Improvements for the District are voluminous and are not bound in this Report but by this reference are incorporated and made a part of this Report. The Plans and Specifications are on file in the Public Works Engineering Office where they can be made available for public inspection.

Article XIII D of the California Constitution defines "maintenance and servicing expenses" as, "the cost of rent, repair, replacement, rehabilitation, fue l, power, electrical current, care and supervision necessary to properly operate and maintain a permanent public improvement.” The Improvement funding includes, but is not limited to, the removal, repair, replacement or relocation of light standards, poles, bu lbs, fixtures and appurtenances, electrical energy, supplies, engineering and incidental costs relating to the maintenance and servicing of the local lighting improvements benefiting the parcels within the District.

The Improvements to be maintained and serviced within the District are to be part of the local street light system of the City of Berkeley that confers special benefit to the District's parcels. The specific location of local street light Improvements within the City can be found in the Streetlight Condition Assessment by Tanko Lighting , which is on file in the office of the Director of Public Works, where it is available for public inspection.

Page 27 of 49 ends

Page 859 ends

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

Page 7 ends

The Improvements to be maintained and serviced within the Distr ict include City‐owned street lights within the right of way of the local public stree t s l o c a t e d w i t h i n t h e boundaries of the District. These lights are all within close proximity to the parcels within the District identified as receiving local lighting benefit in the Method of Assessment, and, as such, provide special benefit to these parcels.

All street light maintenance will be performed by the City of Berkeley or its contractors.

Page 28 of 49 ends

Page 860 ends

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

Page 8 ends

Fiscal Year 2026 Budget
A summary budget for fiscal year 2026 for the maintenance of the Improvements is provided below. The full Itemized budget for the Assessment District is voluminous and is not bound in this report but by reference is incorporated and m ade a part of this report.

The Itemized budget is on file in the Department of Public Work s where it is available for public inspection.

Table 1 – FY 2026 Budget Summary
FY 2026
Revenue
1982 Assessment Dist 1,445,460$
SLAD 2018 Assessments 1
907,485
Misc. Revenue 75,647
TOTAL REVENUE 2,428,592$
Expenses
Personnel Expenses
Personnel 626,771
Other Operating Expenses
Non‐Personnel 1,070,599
Indirect Costs 84,929
Gas/Electricity 592,976
Debt Service 370,451
Operating Transfer Out 12,120
County Collection Fee 37,367
Other Operating Subtotal 2,168,442$
Capital Expenses
Capital Expenses 840,000
Capital Subtotal 840,000$
TOTAL EXPENSES 3,635,213$
To (from) General Fund and/or Reserves (1,206,621)$
Budget Allocation to Parcels
Total Street Light 2018 Assessments 1
907,485$
Total Street Light 2018 SFEs 47,555.425
Assessment per SFE 2

19.08$

Page 29 of 49 ends

Page 861 ends

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

Page 9 ends

Notes on the Budget:

1. The Act requires that proceeds from the Assessments must be deposited into a special fund that has been set up for the revenues and expenditures of the District. Moreover, funds raised by the Assessment shall be used only for the purposes stated within this Report. Any balance remaining at the end of the Fiscal Year, June 30, must be carried over to the next Fiscal Year. The City may also establish a reserve fund for contingencies and special projects, as well as a capital improvement fund for accumulating funds for larger capital improvement projects or capital renovation needs. Any remaining balance would either be placed in the reserve fund, the capital improvement fund, or would be used to reduce future years' assessments.

2. The rate shown here is for a Single‐Family Equivalent (“SFE”), which is a single‐family home or its equivalent. For the definition of the term SFE and rates for other types of property, see the section titled, “Method of Assessment” and the sections following it in this report.

Page 30 of 49 ends

Page 862 ends

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

Page 10 ends

Method of Assessment
This section of the Engineer’s Report includes an explanation of the benefits derived from the installation, maintenance and servicing of the Improvements throughout the District and the Assessment methodology used to apportion the total Asse ssment to properties within the District.

The District consists of all assessor parcels within the boundaries as defined by the Assessment Diagram and the parcels identified by the Assessor Parcel Numbers listed with the levy roll included with this Report. The parcel list includes all assessable privately and publicly owned parcels within the boundaries. The method used for apportioning the Assessment is based on the proportional special benefits to be derived by the properties in the District over and above general benefits conferred on real property or to the public at large. The apportionment of special benefit is a two‐step process: the first step is to identify the types of special benefit arising from the Improvem ents and the second step is to allocate the Assessments to property based on the estimated relative special benefit for each type of property.

Discussion of Benefit
In summary, the Assessments can only be levied based on the special benefit to property.

This benefit is received by property over and above any general benefits. Moreover, such benefit is not based on any one property owner’s use of the Improvements or a property owner’s specific demographic status. With reference to the requ irements for Assessments, Section 22573 of the Act states:

The net amount to be assessed upon lands within an assessment d istrict may be apportioned by any formula or method which fairly distributes t he net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.

Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed that Assessments must be based on the special benefit to property:

No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.

Page 31 of 49 ends

Page 863 ends

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

Page 11 ends

Special Benefit
Street lighting is an optional improvement, not required by state or federal law, that is an enhancement over and above requisite infrastructure, and thus is a special benefit. The majority of the benefits of the street lights are received by the benefited property, with a small portion of the benefits received by the general public on major streets only. This portion received by the general public is captured and quantified in the following section.

The factors that determine special benefit conferred on parcels are detailed below:

Improved Visibility and Safety
Well maintained, effective street lighting provides special ben efit to proximate parcels, within range of the light, because it allows for safer and improved use of the property in the evenings, early morning, and at night. Street lighting provides special benefit because it increases neighborhood safety and, at least indirectly, reduces the likelihood of crime on the proximate parcels. Over time, the Improvements continue to confer a particular and distinct special benefit upon parcels within the District because of the nature of the Improvements. The proper maintenance of the street lights and appurtenant facilities increases visibility and local human presence and, in many situ ations, helps reduce property‐related crimes, especially vandalism, against assessed properties in the District.

Improved Access, Navigation and Traffic Safety
Well maintained, effective street lighting enhances ingress, egress and accessibility of all forms to the assessed parcels in the evening, early morning, and at night by increasing visibility. Improved visibility also helps prevent local automo bile, bicycle, and pedestrian traffic accidents related to the assessed parcels. This benefit includes a reduction in accidents during non‐daylight hours.

Improved Community Character and Vitality
Well maintained, effective street lighting promotes evening and nighttime social interaction of residents and customers of businesses and industry. This creates a positive atmosphere and enhanced community image in the evening and at night for the assessed parcels.

All of the above‐mentioned items also contribute to a specific enhancement to each of the parcels within the District. The proximate street lights ma ke each parcel safer, more visible, more accessible, more useful, more valuable and more desirable; and this further strengthens the basis of these Assessments.

Page 32 of 49 ends

Page 864 ends

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

Page 12 ends

General Versus Special Benefit
The proceeds from the Assessments are used to fund the describe d Improvements and increased levels of maintenance to the other City facilities that serve and benefit the properties in the District. In absence of the Street Lighting Assessment District 2018, such Improvements would not be properly maintained. Therefore, the D istrict’s purpose is to ensure that the necessary and beneficial public facilities for property in the District are properly maintained, operated and repaired over time. The Assessments will ensure that street lighting and associated improvements within and adjacent t o t h e D i s t r i c t a r e functional, well maintained and effective. These public resources directly benefit the p r o p e r t y i n t h e D i s t r i c t a n d w i l l c o n f e r d i s t i n c t a n d s p e c i a l benefits to the properties within the District.

The Improvements and Services are specifically designed, located and created to provide additional and improved resources for property inside the Distr ict and not the public at large although the Improvements maintained by the Services may be available to the general public. Other properties that are outside the District do not enjoy the unique proximity and other special benefit factors described previously . T h e s e I m p r o v e m e n t s and Services are of special benefit to properties located withi n the District because they provide a direct advantage to properties in the District that would not be provided in the absence of the Assessments. Any general benefits to surroundin g properties outside of the Assessment District, if any, are collateral and conferred concomitantly.

Quantification of General Benefit
Although the analysis used to support these assessments concludes that the benefits are solely special, as described above, consideration is made for the suggestion that a portion of the benefits are general. General benefits cannot be funded by these assessments. The funding for general benefits must come from other sources.

The maintenance and servicing of these Improvements is also par tially funded, directly and indirectly, from other sources, including the City of Berke ley, Alameda County, and the State of California. This funding comes in the form of grants, development fees, special programs, and general funds, as well as direct maintenance and servicing of facilities (e.g. curbs, gutters, streets, drainage systems, etc.). This funding from other sources more than compensates for general benefits, if any, rec eived by the properties within the Assessment District.

Page 33 of 49 ends

Page 865 ends

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

Page 13 ends

In the 2009 Dahms case, the Court upheld an asse ssment that was 100% special ben efit o n t h e r a t i o n a l e t h a t t h e s e r v i c e s f u n d e d b y t h e a s s e s s m e n t s w ere directly provided within the assessment district. It is also important to note th at the improvements and services funded by the assessments in Pomona are similar to the improvements and s e r v i c e s f u n d e d b y t h e A ss e s s m e n t s d e s c r i b e d i n t h i s E n g i n e e r ’ s Report and the Court found these improvements and services to be 100% special benefi t. Also similar to the assessments in Pomona, the Assessments described in this Engineer’s Report fund Improvements and Services directly provided within the District a n d e v e r y b e n e f i t i n g property in the District enjoys proximity and access to the Improvements. Therefore, Dahms establishes a basis for minimal or zero general benefits from the Assessments.

Nonetheless, possible general benefits have been liberally calculated below and then shown to be more than offset by resources from non‐assessment sources.

Calculation of G eneral Benefit
The Illumination Engineering Society of North America provides a widely‐used standard for street lighting which has become the de‐facto industry stan dard. This standard specifies footcandle requirements as a measurement of illumination at the roadway level, which are different for local, collector, and major streets usi ng three levels (low/medium/high) of pedestrian activity. The three street classifications and pedestrian activity levels are described below with a discussion of their general benefit contribution from the street light system.

Local Streets – a street that is used to gain access to the property bordering it. The street l i g h t s o n l o c a l s t r e e t s p r i m a r i l y s e r v e t h e a d j a c e n t p r o p e r t y owner. Therefore, per industry standard, the street lights on local streets have no general benefit component.

Collector Streets – low to moderate capacity roads which serve to move traffic from local streets to arterial roads. Similar to local streets, collector streets are primarily used by local residents and per industry standard are also deemed to have no general benefit component. This street classification will be used as the basel ine for this analysis.

Arterials – high capacity streets that serve as the principal ne t wo r k f o r t h r o u g h t r a f f i c flow. These routes connect areas of principal traffic generatio n and important regional roadways traversing the City. As such, this traffic includes a significant number of drivers from outside the District and the street light Improvements may c o n f e r s o m e g e n e r a l benefit on those drivers.

Page 34 of 49 ends

Page 866 ends

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

Page 14 ends

On average, arterial streets requ ire a 45% increase in lighting l eve l s f r om t h e b ase l i ne collector streets.2 This increase in lighting reinforces the special benefits to t he abutting properties as defined above: increased visibility and safety; improved access, navigation and traffic safety; and improved community character and vitali ty. In addition to these benefits, the through traffic flow, which includes drivers from outside the District, receives the additional benefit of reduction in nighttime accidents due to enhanced lighting. The degree to which each of these benefits can be considered general benefit is shown in Table 2 below.

Table 2 – General Benefit for Arterial Streets

The general benefit from arterial streets must be combined with the general benefit from a l l o t h e r s t r e e t s i n t h e D i s t r i c t . E a c h c a t e g o r y o f s t r e e t h a s its unique general benefit weight, prorated by center line miles of streets. This calculation is shown in Table 3 below.

Table 3 – Calculation of General Benefit

2 Based on values from the Illumination Engineering Society of North America, “American National Standard Practice for Roadway Lighting.”
Benefit Factor
Relative
Weight
General
Benefit
Contribution
Relative
General
Benefit
Improved Nighttime Visibility and Safety 25 0% 0.0%
Improved Access, Navigation and Traffic
Safety 25 50% 12.5%
Improved Community Character and Vitality 25 0% 0.0%
Reduction in Nighttime Accidents 25 75% 18.8%
General Benefit on Arterial Streets from Improved Lighting 31.3% Street Classification
General
Benefit
Weight
General
Benefit
Local 158 73.1% 0% 0.0%
Collector 37 17.1% 0% 0.0%
Arterial 21 9.7% 31.3% 3.0%
TOTAL 216 100% 3.0%
Centerline Miles

Page 35 of 49 ends

Page 867 ends

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

Page 15 ends

A s a r e s u l t , t h e C i t y o f B e r k e l e y w i l l c o n t r i b u t e a t l e a s t 3 . 0 % of the total budget from sources other than the Assessmen t. This contribution offsets any general benefits from the Assessment Services.

Calculation of the Current General Benefit Contribution from th e City This general benefit contribution is the sum of the following components:

The City of Berkeley owns, maintains, rehabilitates and replaces curb and gutter along the border of the Assessment District improvements. This curb and g utter serves to support, contain, retain, manage irrigation flow and growth, and provide a boundary for the Improvements. The contribution from the City of Berkeley toward general benefit from the maintenance, rehabilitation, and replacement of the curb and gutter is conservatively estimated to be 1%.

The City of Berkeley owns and maintains a storm drainage system along the border of the District’s Improvements. This sy stem serves to prevent flooding and associated damage to the Improvements and to manage urban runoff including local pollutants loading from the Improvements. The contribution from the City of Berkeley toward general benefit from the maintenance and operation of the local storm drainage system is conservatively estimated to be 1%.

The City of Berkeley owns and maintains local public streets throughout the District.

These public streets provide access to the Improvements for its e n j o y m e n t a s w e l l a s efficient maintenance. The contribution from the City of Berkeley toward general benefit from the maintenance of local public streets is conservatively estimated to be 1%.

The value of the construction of the existing street light Improvements can be quantified and monetized as an annuity. Since this construction was performed and paid for by funds other than these Assessments, this “annuity” can be used to off set general benefit costs and is conservatively estimated to contribute 25%.

General Benefit is More than Offset by City Contribution Therefore, the total general benefit is liberally quantified at 3 . 0 % , w h i c h i s m o r e t h a n offset by the total non‐assessment contribution toward general benefit of 28%.

Method of Assessment
As previously discussed, the proposed Assessments will provide comprehensive Improvements that will clearly confer special benefits to properties in the proposed District. The allocation of special benefits to property is partially based on the type of property and the size of property.

Page 36 of 49 ends

Page 868 ends

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

Page 16 ends

The development of an Assessment methodology requires apportioning to determine the relative special benefit for each property. To determine the special benefit received by individual parcels, the use of that parcel must be considered. Each category of property can benefit from street lights in a unique way, and those characteristics must be quantified. As noted above, the special benefit factors are as follows:
 Improved visibility and safety
 Improved access, navigation and traffic safety
 Improved community character and vitality
The basis for apportioning Assessments is traffic generated to and from a particular parcel. This is used because the amount of traffic generated by a parcel is directly proportional to, and effectively models, the relative quantity of the three special benefit factors. For instance, the more people that come and go from a site, the more the site benefits from the improved visibility and safety. The same reasoning applies to the other special benefit factors.

Residential Traffic
The typical single‐family residence (“SFR”) generates approximat e l y t e n v e h i c u l a r t r i p s per day. Condominium units generate approximately eight trips p er day and apartment units generate approximately six trips per day per unit. The trip generation rates that are used for each land use are based on the trip generation rates published by the San Diego Association of Governments and the Encinitas Ranch Austin Foust Traffic Study. The trip generation rates are included in Appendix A of this report.

Non‐Residential Traffic
Trip generation for non‐residential parcels vary depending on their designated land use as well as size of parcel. The trip generation data for non‐res idential land uses are based on trips per acre. For instance, a commercial parcel on two acres typically will have twice the traffic of a commercial parcel on one acre. It follows that the two‐acre parcel will then receive twice the benefit from the street lighting as the one‐acre parcel. Various land uses were grouped into categories with similar traffic characteristi cs, resulting in the fee categories shown later in this report.

Page 37 of 49 ends

Page 869 ends

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

Page 17 ends

Darkness
Non‐residential parcels typically do not operate all night long. The average period of darkness is 12 hours, but non‐residential uses will only operat e for approximately three hours of that time. For that reason, a non‐residential darkness factor of (3 ÷ 12 =) 25% is applied to those parcels. For two non‐residential categories, t h e d a r k n e s s f a c t o r i s different, as shown below:
 Offices and banks typically close earlier than other non‐residential uses so they are assigned a darkness factor of 12.5%.
 Hotels, motels and boarding houses typically have activity further into the night than other non‐residential uses, so they are assigned a darkness factor of 50%.

Non‐residential trip generation is then adjusted for the darkness factor for each rate category.

Single‐Family Equivalents
The SFR category is used as the baseline for calculating the sp ecial benefit for all other land uses and sizes. Each rate category is assigned a single‐fa mily equivalent (“SFE”) rate using the following formula:

ADT x Darkness Factor
ADT for SFR
SFE Rate=

Where:
 ADT = Average Daily Trips for each category
 ADT for SFR = ADT for single‐family residential, which is used as a baseline figure for SFE rate
 SFE Rate = SFEs per unit shown (parcel, [living] unit, or acre) The results of these calculations for each rate category are shown in Table 4 below.

Page 38 of 49 ends

Page 870 ends

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

Page 18 ends

Table 4 – Single‐Family Equivalent Rates
.

Landuse Category ADT
Darkness
Factor
Adj
ADT SFE Rate Unit
Residential
Single Family 10 1 10 1.000 parcel
M ulti‐Family < 5 units 8 1 8 0.800 unit
M ulti‐Family 5 or more units 6 1 6 0.600 unit
Condominium 8 1 8 0.800 parcel
Mobile Home 5 1 5 0.500 unit
Multiple SFR on parcel 10 1 10 1.000 unit
Non‐Residential
General Commercial 600 0.25 150 15.000 acre
Industrial / Warehouse 60 0.25 15 1.500 acre
Auto Repair 400 0.25 100 10.000 acre
Hotel / Motel / Boarding 200 0.5 100 10.000 acre
Hospital 250 0.25 62.5 6.250 acre
Retirement Home 50 0.25 12.5 1.250 acre
School / Day Care 90 0.25 22.5 2.250 acre
Medical / Dental / Vet 500 0.25 125 12.500 acre
Church 30 0.25 7.5 0.750 acre
Mortuary 10 0.25 2.5 0.250 acre
Recreational 100 0.25 25 2.500 acre
Parking / Transportation 200 0.25 50 5.000 acre
Mini Storage 30 0.25 7.5 0.750 acre
Office 300 0.125 37.5 3.750 acre
Bank 1000 0.125 125 12.500 acre
Park / Open Space / Agriculture 2 0.25 0.5 0.050 acre
Vacant 0 na

Annual Assessment Increase
The Assessment is subject to an annual adjustment tied to the San Francisco‐Oakland‐ Hayward Consumer Price Index‐U as of December of each succeeding year (“CPI”), with a maximum annual adjustment not to exceed 3%. In order for the Ci ty’s dedicated Streetlight fund revenue sources to satisfy cost requirements into the future, the maximum rate per SFE is calculated based upon the sum of the 1982 assessment and the Street Light Assessment District 2018 Assessment.

Page 39 of 49 ends

Page 871 ends

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

Page 19 ends

Table 5 – Maximum Single‐Family Equivalent Rate Calculation FY 2025 FY 2026
2018 District Maximum for FY 25 852,813.42$ 852,813.42$ 1982 District Maximum for FY 25 1,445,460.18$
Total for FY 25 2,298,273.60$
Maximum Increase of 2.38% of Total for FY 26 54,671.33$ FY 26 Maximum Assessment 907,484.75$
Total SFEs 47,555.425
FY 26 Maximum Rate per SFE 19.08$

Duration of Assessment
The Assessments may be continued every year after their formation, so long as the public Improvements need to be maintained and improved and the City requires funding from the Assessments for these Improvements in the District. As note d previously, the Assessment can continue to be levied annually after the City Council approves an annually updated Engineer’s Report, budget for the Assessment, Improvements to be provided and other specifics of the Assessment. In addition, the City Council must hold an annual public hearing to continue the Assessment.

Appeals and Interpretation
Any property owner who feels that the Assessment levied on the subject property is in error as a result of incorrect information being used to apply the foregoing method of assessment, may file a written appeal with the City of Berkeley Public Works department.

Any such appeal is limited to correction of an assessment durin g the then current or, if before July 1, the upcoming fiscal year. Upon the filing of any such appeal, the City of Berkeley City Engineer or his or her designee will promptly review the appeal and any information provided by the property owner. If the City Engineer or his or her designee finds that the assessment should be modified, the appropriate changes shall be made to the assessment roll. If any such changes are approved after the assessment roll has been filed with the County for collection, the City Engineer or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any dispute over the decision of the City Engineer or her or his designee shall be referred to the Public Works Director and the decision of the Public Works Director shall be final.

Page 40 of 49 ends

Page 872 ends

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

Page 20 ends

Assessment Statement
WHEREAS, on March 18, 2025, the City Council of the City of Berkeley, County of Alameda, California, adopted a Resolution initiating proceedings for the levy of Assessments for fiscal year 2026 within the Street Light Assessment District 20 18, pursuant to the provisions of the Landscaping and Lighting Act of 1972 and Arti cle XIIID of the California Constitution (collectively “the Act”);
WHEREAS, the City of Berkeley directed the undersigned Engineer of Work to prepare and file a report presenting an estimate of costs, a diagram for the Assessment District and an assessment of the estimated costs of the Improvements upon all assessable parcels within the Assessment District, to which the description of the proposed Improvements therein contained, reference is hereby made for further particulars; NOW, THEREFORE, the undersigned, by virtue of the power vested in me under the Act a n d t h e o r d e r o f t h e C i t y C o u n c i l o f t h e C i t y o f B e r k e l e y , h e r eby make the following assessment to cover the portion of the estimated cost of the Improvements, and the costs and expenses incidental thereto to be paid by the Assessment District.

The amount to be paid for the Improvements and the expense inci dental thereto to be paid by the City of Berkeley Street Lighting Assessment Distric t 2018 for the fiscal year 2026 are generally as listed in Table 1.

As required by the Act, an Assessment Diagram is hereto attached and made a part hereof showing the exterior boundaries of the City of Berkeley Street light Assessment District 2018. The distinctive number of each parcel or lot of land in t he City of Berkeley Street light Assessment District 2018 is its Assessor Parcel Number appearing on the Assessment Roll.

And I do hereby assess and apportion the net amount of the cost and expenses of the Improvements, including the cost s and expenses incident thereto , upon the parcels and lots of land within the City of Berkeley Street Lighting Assess ment District 2018, in accordance with the special benefits to be received by each parcel or lot, from the Improvements, and more particularly set forth in the cost estim ate and method of assessment hereto attached and by reference made a part hereof.

The Assessments are made upon the parcels or lots of land withi n the City of Berkeley Street Lighting Assessment District 2018 in proportion to the s pecial benefits to be received by the parcels or lots of land from the Improvements.

Page 41 of 49 ends

Page 873 ends

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

Page 21 ends

Each parcel or lot of land is described in the Assessment Roll by reference to its parcel number as shown on the Assessor's Maps of the County of Alameda for the fiscal year 2026. For a more particular description of said property, reference is hereby made to the deeds and maps on file and of record in the office of the Count y Recorder of the County.

I hereby place opposite the Assessor Parcel Number for each parcel or lot within the Assessment Roll, the amount of the assessment for the fiscal year 2026 for each parcel or lot of land within the City of Berkeley Street Lighting Assessment District 2018.

Dated: April 18, 2025

E n g i n e e r o f W o r k

B y ______________________________
J o h n B l i s s , L i c e n s e N o . C 52091

Page 42 of 49 ends

Page 874 ends

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

Page 22 ends

Assessment Diagram
The boundaries of the City of Berkeley Street light Maintenance Assessment Districts and Annexations are displayed on the Assessment Diagram below.

Figure 1 – Assessment Diagram

Page 43 of 49 ends

Page 875 ends

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

Page 23 ends

Appendix A – SANDAG Trip Generation Tables

Page 44 of 49 ends

Page 876 ends

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

Page 24 ends

Page 45 of 49 ends

Page 877 ends

City of Berkeley
Street Lighting Assessment District 2018
FY 2026

Page 25 ends

Appendix B – Assessment Roll
An Assessment Roll (a listing of all parcels assessed within the City of Berkeley Street Lighting Assessment District 2018 and the amount of the assessment) has been filed with the City Engineer, and is, by reference, made part of this report and will be available for public inspection during normal office hours.

E a c h l o t o r p a r c e l l i s t e d o n t h e A s s e s s m e n t R o l l i s s h o w n a n d illustrated on the latest County Assessor records and these records are, by reference mad e part of this report.

These records shall govern all details concerning the description of the lots or parcels.

Page 46 of 49 ends

Page 878 ends

FY 2026 STREET LIGHTING ASSESSMENT DISTRICTS

NOTICE OF PUBLIC HEARING

BERKELEY CITY COUNCIL

STREET LIGHTING ASSESSMENTS
NOTICE IS HEREBY GIVEN that at its meeting on Tuesday, June 17, 2025, the Berkeley City Council will conduct a public hearing to consider the levy of the street lighting assessments.

Berkeley Street Lighting Assessment District 1982-1:

No increase is proposed for Street Lighting Assessment District 1982-1 rates in FY 2026 The assessment rates will remain as follows:

Rate Category
Assessment
Rate Unit
Residential and Institutional $ 0.0108 Bldg. Sf
Industrial $ 0.0216 Bldg. Sf
Commercial $ 0.0432 Bldg. Sf
Assessments under this district are determined by building square footage and rates.

Street Lighting Assessment District 2018:

In accordance with the voter-approved measure, Street Lighting Assessment District 2018 is subject to an annual assessment adjustment equal to the annual change in the Bay Area Consumer Price Index (CPI), up to a maximum of 3%. For the period beginning in December 2023 and ending in December 2024, the CPI increased by 2.38% and the Unused CPI was

2.75%; therefore, the CPI assessment adjustment for Fiscal Year 2026 is limited to 3.00%. As approved by voters, the total annual adjustment may be calculated by taking the sum of the 2018 District assessment and the Berkeley Street Lighting Assessment District 1982-1 assessment, and multiplying the sum by the allowable CPI increase. Calculating the adjustment in this manner allows for the inclusion of a 1982-1 District adjustment as part of the 2018 District adjustment. The cumulative total adjustment results in 2018 District assessment rate increases of approximately 6.2%.

Rate Category Assessment
FY 2025
Proposed
Assessment
FY 2026
Unit
Residential
Single Family $ 17.96 $ 19.08 parcel
Multi-Family<5 units $ 14.37 $ 15.26 unit
Multi-Family 5 or more units $ 10.78 $ 11.45 unit
Condominium $ 14.37 $ 15.26 parcel
Mobile Home $ 8.98 $ 9.54 unit
Multiple SFR on parcel $ 17.96 $ 19.08 unit
Non-Residential
General Commercial $ 269.40 $ 286.20 acre
Industrial / Warehouse $ 26.94 $ 28.62 acre
Auto Repair $ 179.60 $ 190.80 acre
Hotel / Motel / Boarding $ 179.60 $ 190.80 acre
Hospital $ 112.25 $ 119.25 acre

Page 47 of 49 ends

Page 879 ends

Internal
Rate Category Assessment
FY 2025
Proposed
Assessment
FY 2026
Unit
Retirement Home $ 22.45 $ 23.85 acre
School / Day Care $ 40.41 $ 42.93 acre
Medical / Dental / Vet $ 224.50 $ 238.50 acre
Church $ 13.47 $ 14.31 acre
Mortuary $ 4.49 $ 4.77 acre
Recreational $ 44.90 $ 47.70 acre
Parking / Transportation $ 89.80 $ 95.40 acre
Mini Storage $ 13.47 $ 14.31 acre
Office $ 67.35 $ 71.55 acre
Bank $ 224.50 $ 238.50 acre
Park / Open Space / Agriculture $ 0.90 $ 0.95 acre
Vacant Not assessed
Assessments under the 2018 District are based on single-family equivalent units assigned to each landuse category as well as the number of parcels, units or acres, as applicable to each category. Detailed calculation methodology of the adjustment and the corresponding rate increase are included in the Street Lighting Assessment District 2018 Engineer’s Report for FY 2026. Copies of the Engineer’s Report are on file at the Public Works Engineering Office.

Public Hearing Information
The hearing will be held on, June 17, 2025 at 6:00 p.m. at a regular council meeting. The Council will consider all objections or protests, if any, to the proposed assessment. At the public hearing any interested person may present written or oral testimony.

A copy of the agenda material for this hearing will be available on the City’s website at berkeleyca.gov as of June 4, 2025. Once posted, the agenda for this meeting will include a link for public participation using Zoom video technology.

FY 2026 Assessment Rolls for both street lighting districts will be available for review at the City Clerk’s Office at 2180 Milvia Street, 1st Floor.

Written comments should be mailed to the City Clerk, 2180 Milvia Street, Berkeley, CA 94704 or emailed to [email protected] in order to ensure delivery to all Councilmembers and inclusion in the agenda packet.

For further information, please contact Ricardo Salcedo, Associate Civil Engineer at (510) 981- 6407.

Page 48 of 49 ends

Page 880 ends

Internal
your communication. Please contact the City Clerk at (510) 981-6900 or [email protected] for further information.

Published: June 6, 2025 – The Berkeley Voice
City Clerk shall publish a notice at least 10 days prior to the date of the public hearing with the date, hour, and place of the public hearing for annual levy and collection of assessments in accordance with Streets and Highway Code Sections 22625, 22626, 22552, and 22553 and Section 6061 of the Government Code. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the Notice for this Public Hearing of the Berkeley City Council was posted on the display case located near the walkway in front of the Council Chambers at 2134 Martin Luther King Jr. Way, as well as on the City’s website, on or before June 5, 2025. -Mark Numainville, City Clerk

Page 49 of 49 ends

Page 881 ends

Page 882 ends

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: https://berkeleyca.gov/

PUBLIC HEARING
June 17, 2025
(Continued from May 6, 2025)
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: David Sprague, Fire Chief
Subject: Modification and Adoption of Berkeley Fire Code Local Amendments

RECOMMENDATION
Conduct a public hearing and upon conclusion, adopt the second reading of Ordinance No. 7,959-N.S. (Attachment 1) which proposes to amend certain portions of Section

19.48.020 of the Berkeley Municipal Code (“Amendments to the California Fire Code”).

FISCAL IMPACTS OF RECOMMENDATION
The proposed Fire Code modifications will require a substantial investment of City staff time and resources for implementation. Key tasks will include updating all public-facing documents and web content, modifying the City’s inspection software, revising inspection guides and forms, public education and messaging, and conducting staff training to align with the updated code.

Additionally, significant expenditures are anticipated within the city’s Wildland Urban Interface (WUI) program to support the implementation and operationalization of these changes. The following WUI-related costs are projected for FY26 and are expected to support fire prevention, inspection, public engagement, and vegetation management efforts associated with the code modifications:
 Personnel Salary and Benefits: $1,495,000
 Vegetation Management Program: $1,000,000
 Resident Assistance Program: $1,000,000
 Safe Passages Program: $200,000
 Public Education/Marketing: $50,000
 Vehicle Maintenance & Replacement: $ 33,415
Collectively, the total projected expenditure associated with WUI initiatives amounts to $3,778,415. All of these funds are budgeted within he Fire Department’s baseline budget – there are no new funding request at this time.

Page 1 of 36 ends

Page 883 ends

Modification and Adoption of Berkeley Fire Code Local Amendments PUBLIC HEARING June 17, 2025

Page 2 ends

CURRENT SITUATION AND ITS EFFECTS
On April 15, 2025 the City Council voted 9-0 to adopt the first reading of the “Modification and Adoption of Berkeley Fire Code Local Amendments” and scheduled the public hearing for May 6, 2025.

BACKGROUND
The Berkeley City Council unanimously declared wildfire prevention and safety a top priority on October 15, 2019. This declaration helped establish this issue as one of the key priorities of the 2020 Measure FF tax.

On December 6, 2022 the Berkeley City Council adopted the current edition of the Berkeley Fire Code (BFC), which was based on the State of California adoption of the 2022 California Fire Code.

On June 4, 2024 the City Council adopted mid-cycle amendments that were issued by the State of California to the 2022 California Fire Code. These new amendments took effect on July 1, 2024.

On February 11, 2025 at a Special Meeting, the Council referred the following proposals to Staff; (1) Create a new Fire Zone within the Fire Code to include – at minimum - the areas between Wildcat Canyon Rd. to the east, Grizzly Peak Blvd to the west, and the Berkeley City Limits to the south and north; and (2) Repeal the Berkeley Fire Code (BMC Chapter 19.48) and reenact BMC Chapter 19.48 to include an Ember Resistant Zone (Zone 0) and other defensible space best practices and schedule a Public Hearing for the first reading on April 15, 2025 pursuant to state law.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Wildfires that transition to a structure-to-structure conflagration have acute and far- reaching consequences, not only for the environment and climate but also for the stability and well-being of impacted communities. These fires release large amounts of pollutants into the air, including soot and carbon dioxide, which contribute to climate change and degrade air quality. Additionally, toxic byproducts from burning structures, vehicles, and other synthetic material can pose significant health risks to residents and responders.

The water used to combat these fires is often sourced from the city's potable water supply. Once used, it can become contaminated with chemicals, ash, and debris, potentially polluting groundwater and local waterways.

The destruction of homes, businesses, and critical infrastructure leads to substantial economic burdens that jeopardize the financial stability of impacted communities.

Rebuilding efforts require significant financial investment, as well as the production, transportation, and installation of new materials—all of which generate additional emissions. For individual residents, the loss of a home or business can lead to long- term financial instability, displacement, and increased insurance costs.

Beyond the physical and financial toll, these disasters leave lasting emotional and psychological scars on affected communities. Residents may experience trauma, anxiety, and grief, particularly when lives are lost, homes are destroyed, or

Page 2 of 36 ends

Page 884 ends

Modification and Adoption of Berkeley Fire Code Local Amendments PUBLIC HEARING June 17, 2025

Page 3 ends

neighborhoods are permanently altered. The social fabric of a community can be disrupted as families and businesses struggle to recover, sometimes forcing relocation and reducing neighborhood cohesion.

Investing in a strong fire code is one tool the city uses to reduce the frequency and severity of fires. Effective fire prevention also contributes to environmental sustainability by reducing emissions, preserving water resources, and minimizing the need for costly rebuilding efforts. A commitment to strong fire safety regulations ultimately benefits the entire community—protecting public health, safeguarding financial resources, and ensuring a resilient and sustainable future.

RATIONALE FOR RECOMMENDATION
A city, county, or city and county may establish more restrictive building standards as reasonably necessary because of local climatic, geological or topographical conditions.

The City’s adoption of stringent fuel mitigation and exterior hazard abatement standards is designed to decrease the risk of structure fires spreading to adjacent vegetation and the risk of vegetation fires spreading to structures. The Council bases these standards, in part, upon its finding that the climatic, vegetative, geological, and topographical conditions within the City create a grave risk of wildfire and resulting loss of life and property.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
David Sprague, Fire Chief (510) 981-3473
Attachments:
1: Ordinance – “Amendment of Section 19.48.020 of the Berkeley Municipal Code (“Amendments to The California Fire Code”)”
2: Public Hearing Notice – June 17, 2025

Page 3 of 36 ends

Page 885 ends

Ordinance No. 7,959-N.S. Page 1 of 32
ORDINANCE NO. 7,959–N.S.

REPEALING AND RE-ENACTING BERKELEY MUNICIPAL CODE CHAPTER 19.48 (BERKELEY FIRE CODE)
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code Chapter 19.48 is hereby repealed and reenacted as to read as follows:

Chapter 19.48
BERKELEY FIRE CODE*
Sections:

19.48.010 Adoption of the California Fire Code including Appendix B – Fire-Flow Requirements for Buildings and Appendix L – Requirements for Fire Fighter Air Replenishment Systems

19.48.020 Amendments to the California Fire Code

19.48.030 Validity
Section 19.48.010 Adoption of the California Fire Code
A. The California Fire Code, 2022 edition, as adopted in Title 24, Part 9 of the California Code of Regulations, including Chapter 1 (excluding Section 103), Chapter 3, Section 503 of Chapter 5, Sections 1103.5.6 through 1103.5.6.3 (new sections as created by BMC 19.48.020, Amendments to the California Fire Code), Appendix Chapters D, E, F, L (as amended by BMC 19.48.020, Amendments to the California Fire Code) and O published by the International Code Council not included in the California Building Standards Code, are adopted by this reference into this Chapter, and are hereby adopted and made a part of this Chapter as though fully set forth herein, subject to the modifications thereto which are set forth this ordinance. One copy of this Code is on file in the office of the City Clerk of the City of Berkeley.

B. This chapter shall be known as the "Berkeley Fire Code" and shall be referred to in this chapter as "this code".

C. This Chapter will become effective on June 1, 2025.

Section 19.48.020 Amendments to the California Fire Code The following additions, changes and deletions to the 2022 California Fire Code, as detailed below, are adopted as part of the Berkeley Fire Code.

Page 4 of 36 ends

Page 886 ends

Ordinance No. 7,959-N.S. Page 2 of 32
Chapter 1 of the California Fire Code is adopted in its entirety subject to the modifications thereto which are set forth below.

CHAPTER 1 – SCOPE AND ADMINISTRATION
SECTION 101 SCOPE AND GENERAL REQUIREMENTS
[A] Section 101.1 Title. These regulations shall be known as the Berkeley Fire Code shall be known as the Fire Code of, shall be known as the Berkeley Fire Code, hereinafter referred to as "this code."
SECTION 102 APPLICABILITY
[A] 102.6 Historic buildings. The provisions of this code relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the state or local jurisdiction as historic buildings where such buildings or structures do not constitute a distinct hazard to life or property. Fire protection in designated historic buildings shall be provided with an approved fire protection plan as required in Section 1103.1.1 in accordance with the 2022 California Historical Code.

SECTION 104 DUTIES AND POWERS OF THE FIRE CODE OFFICIAL Section 104.13. Authority to arrest and issue citations. The Fire Chief, or their designee shall have authority to arrest or to cite any person who violates any provision of this Chapter involving the International Fire Code or the California Building Standards Code regulations relating to fire and panic safety as adopted by the State Fire Marshal, in the manner provided for the arrest or release on citation and notice to appear with respect to misdemeanors or infractions, as prescribed by Chapters 5, 5c and 5d of Title 3, Part 2 of the California Penal Code, including Section 853.6, or as the same hereafter may be amended. It is the intent of the City Council that the immunities provided in Penal Code Section 836.5 are applicable to aforementioned officers and employees exercising their arrest or citation authority within the course and scope of their employment pursuant to this Chapter.

Section 104.14 Authority to abate fire nuisance [Additional subsection]. The Fire Chief or the Fire Chief’s designee shall have the authority to order the abatement of fire nuisances.

SECTION 105 PERMITS
105.5.18 Flammable and combustible liquids. An operational permit is required:

1. To use or operate a pipeline for the transportation within facilities of flammable or combustible liquids. This requirement shall not apply to the offsite transportation in pipelines regulated by the Department of Transportation (DOT) nor does it apply to piping systems.

2. To store, handle or use Class I liquids in excess of 5 gallons (19 L) in a building or in excess of 10 gallons (37.9 L) outside of a building, except that a permit is not required for the following:

Page 5 of 36 ends

Page 887 ends

Ordinance No. 7,959-N.S. Page 3 of 32

2.1 The storage or use of Class I liquids in the fuel tank of a motor vehicle, aircraft, motorboat, mobile power plant or mobile heating plant, unless such storage, in the opinion of the fire code official, would cause an unsafe condition.

2.2 The storage or use of paints, oils, varnishes or similar flammable mixtures where such liquids are stored for maintenance, painting or similar purposes for a period of not more than 30 days.

3. To store, handle or use Class II or Class IIIA liquids in excess of 25 gallons (95 L) in a building or in excess of 60 gallons (227 L) outside a building, except for fuel oil used in connection with oil-burning equipment.

4. To store, handle or use Class IIIB liquids in excess of 110 gallons in containers, or in tanks or portable tanks for fueling motor vehicles at motor fuel-dispensing facilities or where connected to fuel-burning equipment.

Exception: Fuel oil and used motor oil used for space heating or water heating.

5. To remove Class I or II liquids from an underground storage tank used for fueling motor vehicles by any means other than the approved, stationary on-site pumps normally used for dispensing purposes.

6. To operate tank vehicles, equipment, tanks, plants, terminals, wells, fuel- dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used.

7. To place temporarily out of service (for more than 90 days) an underground, protected above-ground or above-ground flammable or combustible liquid tank.

8. To change the type of contents stored in a flammable or combustible liquid tank to a material that poses a greater hazard than that for which the tank was designed and constructed.

9. To manufacture, process, blend or refine flammable or combustible liquids.

10. To engage in the dispensing of liquid fuels into the fuel tanks of motor vehicles at commercial, industrial, governmental or manufacturing establishments in accordance with Section 5706.5.4 or to engage in on-demand mobile fueling operations in accordance with Section 5707.

11. To utilize a site for the dispensing of liquid fuels from tank vehicles into the fuel tanks of motor vehicles, marine craft and other special equipment at commercial, industrial, governmental or manufacturing establishments in accordance with Section 5706.5.4 or, where required by the fire code official, to utilize a site for on- demand mobile fueling operations in accordance with Section 5707.

Section 105.5.55 Christmas tree sales lot. An operational permit is required to operate a Christmas tree sales lot.

Section 105.5.56 Escort convoy service. Police and/or Fire Department convoy service is required for vehicle transportation of extremely hazardous materials.

Page 6 of 36 ends

Page 888 ends

Ordinance No. 7,959-N.S. Page 4 of 32
Section 105.5.57 Fire Fighter Air Replenishment System (FARS). An annual operational permit is required to maintain a FARS system in accordance with Appendix L.

Section 105.5.58 General use permit. For any activity or operation not specifically described in this code, which the fire code official reasonably determines, may produce conditions hazardous to life or property.

Section 105.5.59 Parking facility, special events] An operational permit is required to use buildings or structures for vehicle parking, including parking for special events (i.e. football games, etc.).

Section 105.6.25 Fire fighter air replenishment system (FARS). A building permit is required for installation of or modification to a FARS system in accordance with Appendix L.

Section 105.6.26 Window bars, operational constraints and opening control devices. A building permit is required to install window bars or other equipment which imposes operational constraints and opening controls on emergency escape and rescue openings on exterior doors or windows of any sleeping rooms in accordance with fire code Section 1031.2.1 of this code.

SECTION 107 FEES
Section 107.2 Schedule of permit fees. Where a permit is required, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing body. of fees for permits and inspections as set forth by the City Council by resolution.

Section 107.4 Work commencing before permit issuance. A person who commences any work, activity or operation regulated by this code before obtaining the necessary permits shall be subject to a fee established by the applicable governing authority, which shall be in addition to the required permit fees. equivalent to three times the amount of the required fees to obtain a permit for that work, activity or operation regulated by this code.

Section 107.7. Expense of securing emergencies. The expense of securing any emergency that is within the responsibility for enforcement of the fire code official as given in Sections 104.1 or 104.11 is a charge against the person who caused the emergency.

Damages and expenses incurred by any public agency having jurisdiction or any public agency assisting the agency having jurisdiction shall constitute a debt of such person and shall be collectible by the fire code official for proper distribution in the same manner as in the case of an obligation under contract expressed or implied. Expenses as stated above shall include, but not be limited to, equipment and personnel committed and any payments required by the public agency to outside business firms requested by the public agency to secure the emergency, monitor remediation, and clean up.

Page 7 of 36 ends

Page 889 ends

Ordinance No. 7,959-N.S. Page 5 of 32
SECTION 111 MEANS OF APPEALS
Section 111.1 Board of appeals established. Appeals Procedure In order to hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the fire code official. an appeal therefore may be taken to the City Council by the applicant or permit holder. Notice of the appeal must be filed with the City Clerk of the City of Berkeley within ten days from the date of mailing of the fire code official’s decision to the applicant or permit holder. The notice of appeal shall contain a statement of the reasons for the appeal. The City Clerk shall forward one copy thereof to the fire code official. Within thirty days after the filing of the notice of appeal, the fire code official shall transmit to the City Council all their records pertaining to the decision appealed from.

Section 111.1.1 Stay of Proceedings The filing of the notice of appeal shall stay all proceedings by all parties in connection with the matter upon which the appeal is taken until determination of the appeal as hereinafter provided, unless the fire code official determines that such a stay could result in an imminent threat to public safety.

Section 111.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to hazards of fire, explosions, hazardous conditions or fire protection systems, and are not employees of the jurisdiction. Decisions: The City Council shall review the action of the fire code official and shall do any one of the following:
a. Refer the matter back to the fire code official.
b. If the facts stated in or ascertainable from the application, the Notice of Appeal, the written statement of the fire code official setting forth the reason for their decision, and the other papers, if any, constituting the record do not, in the opinion of the City Council, warrant further hearing, the City Council may affirm the decision of the fire code official. Such decision shall be final.
c. If, in the opinion of the City Council, said facts warrant further hearing, the City Council shall set the matter for hearing and shall give notice of the time and place of said hearing by mailing a copy of such notice by certified mail to the address of the applicant as stated in the Notice of Appeal, at least ten (10) days before the time fixed for the hearing. The City Council may continue the hearing from time to time.
d. Following such hearing, the City Council shall reverse, affirm wholly or partly modify any decision of the fire code official, or make any other decisions or determinations or impose such conditions as the facts warrant. Such decision or determination shall be final.
e. If none of the above actions have been taken by the City Council within thirty (30) days from the date the appeal first appears on the City Council agenda, then the decision of the fire code official shall be deemed affirmed and the appeal shall be deemed dismissed.

Page 8 of 36 ends

Page 890 ends

Ordinance No. 7,959-N.S. Page 6 of 32
f. If the appeal is set for hearing but the disposition of the appeal has not been determined within ninety (90) days from the date the appeal first appears on the City Council agenda, then the decision of the fire code official shall be deemed affirmed and the appeal deemed dismissed.
111.4 Administration. The fire code official shall take immediate action in accordance with the decision of the Board City Council .

SECTION 112 VIOLATIONS
Section 112.1 Unlawful acts [Amended subsection]. It shall be unlawful for a person, firm or corporation to erect, construct, alter, repair, remove, demolish or utilize a building, occupancy, premises or system regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code, or to create, maintain or allow to continue any fire hazard.

Section 112.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a [SPECIFY OFFENSE], punishable by a fine of not more than [AMOUNT] dollars or by imprisonment not exceeding [NUMBER OF DAYS], or both such fine and imprisonment misdemeanor, but may be cited or charged, at the election of the enforcing officer or City Attorney, as infractions, subject to an election by the defendant under Penal Code Subsection 17 (d). Each day that a violation continues after due notice has been served shall be deemed a separate offense. In addition to all other legal remedies, civil or criminal (as set forth above), any violation of this code constitutes a public nuisance in accordance with B.M.C Chapter 1.26, and is subject to all provisions of B.M.C. Chapter

1.26, as well as abatement under B.M.C. Chapter 1.24, “Abatement of Nuisances”. All such violations are also subject to the issuance of an administrative citation in accordance with B.M.C Chapter 1.28 at the discretion of the enforcing officer or the City Attorney.

SECTION 114 UNSAFE STRUCTURES OR EQUIPMENT
Section 114.7 Summary abatement. Where conditions exist that are deemed hazardous to life and property, the fire code official or fire department official in charge of the incident is authorized to abate summarily such hazardous conditions that are in violation of this code. Where the owner does not comply with an abatement order under Section 114.4 within the period specified, the City of Berkeley may perform or cause to be performed the necessary work. The costs incurred shall be recoverable under the procedures in Section 114.7.1
Section 114.7.1 Abatement process [Additional subsection] The abatement process shall be conducted in accordance with the notice and hearing requirements of the nuisance abatement provisions of Berkeley Municipal code chapter 1.24, including summary abatements of structures or premises determined by the City of Berkeley to constitute an imminent hazard or emergency condition.

Chapter 2 of the California Fire Code is adopted in its entirety subject to the modifications thereto which are set forth below.

Page 9 of 36 ends

Page 891 ends

Ordinance No. 7,959-N.S. Page 7 of 32
CHAPTER 2 – DEFINITIONS
SECTION 202 GENERAL DEFINITIONS
Section 202 Definitions – BBERKELEY MARINA. The area shall mean all those, parts of the City of Berkeley west of the Interstate 80 Freeway Section 202 (Definitions — F). FIRE HAZARD. Anything or act which increases or could cause an increase of the hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or anything or act which could obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. Fire hazards as defined herein are hereby declared to be public nuisances subject to abatement by the City of Berkeley.

Section 202 (Definitions — F). FIRE NUISANCE. Anything or act, which is annoying, unpleasant, offensive or obnoxious because of fire.

Section 202 (Definitions – J). JURISDICTION. The City of Berkeley. The governmental unit that has adopted this code.

Section 202 (Definitions — W). WASTE OIL is a Class III-B waste liquid resulting from the use of Class III-B combustible liquids such as waste motor oil, hydraulic oil, lubricating oil, brake fluids and transmission fluids.

Chapter 5 of the California Fire Code is adopted in its entirety subject to the modifications thereto which are set forth below.

CHAPTER 5 – FIRE SERVICE FEATURES
SECTION 504 ACCESS TO BUILDING OPENINGS AND ROOFS
Section 504.1.1 Marking of Exterior Building Openings. Where exterior doorways are not otherwise marked with identification such as building addresses, room/suite numbers or business names which identify the area(s) they provide access to, or a functional description for the space, such opening shall be provided with signs or labels indicating the areas they serve. Doorways to be marked shall include but are not limited to doors serving building circulation (such as stairwells/exit passageways), potential hazards (such as trash rooms), and building service and utility spaces (such as electrical, gas, HVAC and elevator machine rooms). Signs/labels shall be permanent, weather and sunlight resistant with lettering not less than ¾” high with a 1/16” width stroke on a contrasting background. Such signs or labels shall be affixed to the door frame or wall above the door. Such signs and labels shall be maintained.

Exception: Doors associated with private dwellings, the main entrance to normally occupied spaces or when determined to be unnecessary by the fire code official.

Page 10 of 36 ends

Page 892 ends

Ordinance No. 7,959-N.S. Page 8 of 32
Chapter 7 of the California Fire Code is adopted in its entirety subject to the modifications thereto which are set forth below.

CHAPTER 7 – FIRE AND SMOKE PROTECTION FEATURES
SECTION 705 DOOR AMD WINDOW OPENINGS
Section 705.2.5 Smoke - and heat-activated doors. Smoke-activated doors shall be maintained to self-close or automatically close upon detection of smoke. Existing fusible- link-type automatic-door closing devices are permitted if the fusible-link rating does not exceed 135F (57C). Doors required for fire and smoke separation for interior exit stairways and floor separation in R-1 or R-2 occupancies shall not be maintained in an open position with fusible links.

Chapter 9 of the California Fire Code is adopted in its entirety subject to the modifications thereto which are set forth below.

CHAPTER 9 – FIRE PROTECTION AND LIFE SAFETY SYSTEMS SECTION 903

AUTOMATIC SPRINKLER SYSTEMS
Section 903.2.10.1 Commercial parking garages. An automatic sprinkler system shall be provided throughout buildings used for storage of commercial motor vehicles where the fire arear exceeds 5,000 square feet (464 m2).

Section 903.2.11.1 Stories without openings. An automatic sprinkler system shall be installed throughout all buildings having stories, including basements, of all buildings where the floor area exceeds 1,500 square feet (139.4 m 2) and where the story does not comply with the following types of exterior wall openings:

1. Openings below grade that lead directly to ground level by an exterior stairway complying with Section 1011 or an outside ramp complying with Section 1012.

Openings shall be located in each 50 linear feet (15 240 mm), or fraction thereof, of exterior wall in the story on not fewer than one side. The required openings shall be distributed such that the lineal distance between adjacent openings does not exceed 50 feet (15 240 mm).

2. Openings entirely above the adjoining ground level totaling not less than 20 square feet (1.86 m 2) in each 50 linear feet (15 240 mm), or fraction thereof, of exterior wall in the story on not fewer than one side. The required openings shall be distributed such that the lineal distance between adjacent openings does not exceed 50 feet (15 240 mm) The height of the bottom of the clear opening shall not exceed 44 inches (1118 mm) measured from the floor.

Page 11 of 36 ends

Page 893 ends

Ordinance No. 7,959-N.S. Page 9 of 32
Section 903.2.11.2. Rubbish, Recycling and linen chutes. An automatic sprinkler system shall be installed at the top of rubbish and linen chutes and in their terminal rooms.

Chutes shall have additional sprinkler heads installed at alternate floors and at the lowest intake. Where a rubbish chute extends through a building more than one floor below the lowest intake, the extension shall have sprinklers installed that are recessed from the drop area of the chute and protected from freezing in accordance with Section 903.3.1.1. Such sprinklers shall be installed at alternate floors, beginning with the second level below the last intake and ending with the floor above the discharge. Access to sprinklers in chutes shall be provided for servicing. Activation of any fire sprinkler in a chute shall activate a separate water flow switch to indicate waterflow in the chute. All fire sprinklers in the chute shall be controlled by a separate, electrically supervised control valve with tamper switch.

Section 903.2.22 Structures in the Berkeley Marina Area. An automatic sprinkler system shall be installed in all structures located in the Berkeley Marina Area in accordance with NFPA 13 standards.

Exceptions: Gear lockers not designed to permit human entry, municipal restrooms unattached to other structures, the existing City of Berkeley Harbor Master's office, and any temporary construction site structures.

Section 903.2.23 Public Self-Storage Buildings. An automatic sprinkler system shall be installed in any building erected or existing building that was converted and/or subdivided for public self-storage use on or after August 19, 1982, in accordance with NFPA 13 standards.

Section 903.2.24 Environmental Safety - Residential District. Reserved Section 903.3.1.2 NFPA 13R sprinkler systems. Automatic sprinkler systems in Group R occupancies shall be permitted to be installed throughout in accordance with NFPA 13R as amended in Chapter 80.

1. Four stories or less above grade plane.

2. The floor level of the highest story is 30 feet (9144mm) or less above the lowest level of fire department vehicle access.

3. The floor level of the lowest story is 30 feet (9144mm) or less below the lowest level of fire department access.

The number or stores of Group R occupancies constructed in accordance with Sections 510.2 and 510.4 of the California Building Code shall be measured from grade plane.

Exception: Sprinkler systems in residential / commercial mix-use buildings are to be in accordance with NFPA 13.

Section 903.3.9 Floor control valves. Floor control valves and waterflow detection assemblies shall be installed at each floor where any of the following occur:

1. Buildings where the floor level of the highest story is located more than 30 feet or more above the lowest level of fire department vehicle access.

2. Buildings that are four three or more stories in height.

3. Buildings that are two or more stories below the highest level of fire department vehicle access.

Page 12 of 36 ends

Page 894 ends

Ordinance No. 7,959-N.S. Page 10 of 32
Exception: In Group R-3 and R-3.1 occupancies, floor control valves and waterflow detection assemblies shall not be required.

Section 907.2 Where required—new buildings and structures. An approved fire alarm system installed in accordance with the provisions of this code and NFPA 72 shall be provided in new buildings and structures in accordance with Sections 907.2.1 through 907.2.29 and provide occupant notification in accordance with Section 907.5, unless other requirements are provided by another section of this code.

Not fewer than one manual fire alarm box shall be provided in an approved location to initiate a fire alarm signal for fire alarm systems employing automatic fire detectors or water-flow detection devices. Where an automatic and manual, or a manual fire alarm system is required by this code or Berkeley local ordinance, other sections of this code allow elimination of fire alarm boxes is prohibited. due to sprinklers or automatic fire alarm systems, a single fire alarm box shall be installed at a location approved by the enforcing agency.

Exceptions:

1. The manual fire alarm box is not required for fire alarm control units dedicated to elevator recall control, supervisory service and fire sprinkler monitoring.

2. The manual fire alarm box is not required for GroupR-2 occupancies unless required by the fire code official to provide a means for fire watch personnel to initiate an alarm during a sprinkler system impairment event. Where provided, the manual fire alarm box shall not be located in an area that is open to the public.

3. The manual fire alarm box is not required to be installed when approved by the fire code official.

Section 907.2.1 Group A. A manual fire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed in Group A occupancies where the occupant load due to the assembly occupancy is 300 or more, or where the Group A occupant load is more than 100 persons above or below the lowest level of exit discharge. Group A occupancies not separated from one another in accordance with Section 707.3.10 of the California Building Code shall be considered as a single occupancy for the purposes of applying this section. Portions of Group E occupancies occupied for assembly purposes with an occupant load of less than 1000 shall be provided with a fire alarm system as required for the Group E occupancy.

Exception: Manual fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 and the occupant notification appliances will activate throughout the notification zones upon sprinkler water flow.

Every Group A building used for educational purposes shall be provided with a manual or automatic fire alarm system. This provision shall apply to, but shall not necessarily be limited to, every community college and university.

Exception: Privately owned trade or vocational schools or any firm or company which provides educational facilities and instruction for its employees.

Page 13 of 36 ends

Page 895 ends

Ordinance No. 7,959-N.S. Page 11 of 32
Section 907.2.2 Group B. A manual fire alarm system, which activates the occupant notification system in accordance with Section 907.5, shall be installed in Group B occupancies where one of the following conditions exists:

1. The combined Group B occupant load of all floors is 500 or more.

2. The Group B occupant load is more than 100 persons above or below the lowest level of exit discharge.

3. The fire area contains an ambulatory care facility.

4. For Group B occupancies containing educational facilities, see Section 907.2.2.2.

Section 907.2.4 Group F. A manual fire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed in Group F occupancies where both of the following conditions exist:

1. The Group F occupancy is two or more stories in height.

2. The Group F occupancy has a combined occupant load of 500 or more above or below the lowest level of exit discharge.

Section 907.2.7 Group M. A manual fire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed in Group M occupancies where one of the following conditions exists:

1. The combined Group M occupant load of all floors is 500 or more persons.

2. The Group M occupant load is more than 100 persons above or below the lowest level of exit discharge.

Exceptions:

1. A manual fire alarm system is not required in covered or open mall buildings complying with Section 402 of the California Building Code.

2. Manual fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 and the occupant notification appliances will automatically activate throughout the notification zones upon sprinkler water flow.

Section 907.2.8.1 Manual fFire alarm system. A manual and automatic fire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed in Group R-1 occupancies.

Page 14 of 36 ends

Page 896 ends

Ordinance No. 7,959-N.S. Page 12 of 32
Exceptions:

1. A manual fire alarm system is not required in buildings not more than two stories in height where all individual sleeping units and contiguous attic and crawl spaces to those units are separated from each other and public or common areas by not less than 1-hour fire partitions and each individual sleeping unit has an exit directly to a public way, egress court or yard.

2. Manual fire alarm boxes are not required throughout the building where all the following conditions are met:

2.1.The building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2.

2.2.The notification appliances will activate upon sprinkler water flow.

2.3.Not fewer than one manual fire alarm box is installed at an approved location.

Section 907.2.8.2 Manual and Aautomatic fire alarm systemsmoke detection system. An A manual and automatic smoke detectionfire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed throughout all interior corridors and common areas of Group R-1 occupancies. The detection device for this purpose shall be a smoke detector (or heat detector as approved), which is system connected and electronically supervisedserving sleeping units.

Exception: An automatic smoke detection system is not required in buildings that do not have interior corridors serving sleeping units and where each sleeping unit has a means of egress door opening directly to an exit or to an exterior exit access that leads directly to an exit.

Section 907.2.9.1 Automatic and Mmanual fire alarm system. An automatic and manual fire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed in Group R-2 occupancies where any of the following conditions apply:

1. The building is three or more stories in height and Any any dwelling unit or sleeping unit is located three or more stories above the lowest level of exit discharge.

2. Any dwelling unit or sleeping unit is located more than one story below the highest level of exit discharge of exits serving the dwelling unit or sleeping unit.

3. The building contains more than 16 dwelling units or sleeping units.

4. Congregate residences with more than 16 occupants.

Exceptions:

1. A fire alarm system is not required in buildings not more than two stories in height where all dwelling units or sleeping units and contiguous attic and crawl spaces are separated from each other and public or common areas by not less than 1-hour fire partitions and each dwelling unit or sleeping unit has an exit directly to a public way, egress court or yard.

Page 15 of 36 ends

Page 897 ends

Ordinance No. 7,959-N.S. Page 13 of 32

2. Manual fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 and the occupant notification appliances will automatically activate throughout the notification zones upon a sprinkler water flow.

3. 2. A fire alarm system is not required in buildings that do not have interior corridors serving dwelling units and are protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, provided that dwelling units either have a means of egress door opening directly to an exterior exit access that leads directly to the exits or are served by open-ended corridors designed in accordance with Section 1027.6, Exception 3.

Section 914.3.9 Fire Fighter Air Replenishment Systems. New high-rise buildings shall install an approved Fire Fighter Air Replenishment System (FARS) or equivalent equipment or systems as determined by the fire code official to provide a breathing air supply for firefighting self-contained breathing air tanks. Such system or equipment shall provide adequate pressurized breathing air supply through a permanent piping system or other means acceptable to the fire code official for the replenishment of portable life sustaining air equipment carried by fire department, rescue and other personnel in the performance of their duties. Design, installation, testing and maintenance of such air replenishment systems shall be made in accordance with Appendix Chapter F of the California Plumbing Code. Each property owner shall be responsible for maintaining such equipment or systems including annual air sampling and testing.

Exceptions:

1. Buildings equipped with Firefighter Access Elevators as required by Berkeley Building Code section 403.6.1

2. Where an alternate method of supplying breathing air replenishment is approved by the fire code official.

Page 16 of 36 ends

Page 898 ends

Ordinance No. 7,959-N.S. Page 14 of 32
Chapter 11 of the California Fire Code is adopted in its entirety subject to the modifications thereto which are set forth below.

CHAPTER 11 – CONSTRUCTION REQUIREMENTS FOR EXISTING BUILDINGS SECTION 1103 FIRE SAFETY REQUIREMENTS FOR EXISTING BUILDINGS Section 1103.5 Sprinkler systems. An automatic sprinkler system shall be provided in existing buildings in accordance with Section 1103.5.1 through 1103.5.5.6.3 SECTION 1103.5.6 AUTOMATIC SPRINKLER REQUIREMENTS FOR EXISTING HOTELS
Section 1103.5.6.1 Definitions. For the purposes of this Section, the following terms shall be defined as follows:

1. “Hotel" shall mean any building, including motels, dormitories, rooming houses, fraternity houses and sorority houses, which contain six or more rooms which were intended or designed to be used, or which are used, for the purposes of renting, hiring or letting to residential occupants for sleeping purposes but shall not include apartment buildings as defined in this code.

2. "Story" is as defined in the Berkeley Building Code.

3. "First Story" is as defined in the Berkeley Building Code.

4. "Basement" is as defined in the Berkeley Building Code.

5. “Balcony, Exterior Exit" shall mean a landing or porch projecting from the wall of a building which serves as a required exit. The long side shall be at least 50 percent directly open to the exterior, and the open area above the guardrail shall be so configured as to prevent the accumulation of smoke or toxic gases.

Application: This section shall apply to every hotel in which the rooms used for sleeping are rented or let above the ground floor, if the hotel was built prior to 1992, and also meets one of the following two conditions:

The height of the hotel is three or more stories or two stories plus an inhabited basement, which is used for purposes other than exclusively servicing the maintenance and other needs of the building; or the hotel contains 20 or more rooms, or regularly accommodates 20 or more residential occupants.

Exception: No hotel in which the exits from sleeping rooms lead either to the outside of the building either directly or via approved exit balconies with approved exterior stairways(s) in accordance with the requirements of the Berkeley Building Code is required to comply with this section.

Section 1103.5.6.2 Types of Fire Sprinklers. In the sleeping units of the building, only residential or quick response sprinkler heads shall be used.

Section 1103.5.6.3 Supervision of fire sprinkler systems. All automatic sprinkler systems installed under this subsection shall be monitored for supervision and alarms in accordance with Section 903.4.

Page 17 of 36 ends

Page 899 ends

Ordinance No. 7,959-N.S. Page 15 of 32
Section 1103.7 Fire Alarm Systems. An approved fire alarm system shall be installed in existing buildings and structures in accordance with Sections 1103.7.1 through 1103.7.6 and provide occupant notification in accordance with Section 907.5 unless other requirements are provided by other sections of this code. Existing high-rise buildings shall comply with Section 1103.7.9. Where an automatic and manual or a manual fire alarm system is required by this code or Berkeley local ordinance, elimination of fire alarm boxes in buildings equipped with an approved sprinkler system is prohibited.

Exception: Occupancies with an existing, previously approved fire alarm system.

Section 1103.7.5.1 Group R-1 hotels, and motels, and congregate residences manual and automatic fire alarm system. A manual and automatic fire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed in existing Group R-1 hotels, and motels, and congregate residences more thanwith three or more stories or with more than 20 or more sleeping units.

Exceptions:

1. A manual fire alarm system is not required in buildings less than two stories in height where all sleeping units, attics and crawl spaces are separated by 1-hour fire-resistance-rated construction and each sleeping unit has direct access to a public way, egress court or yard.

2. A manual fire alarm system is not required in buildings not more than three stories in height with not more than 20 sleeping units and equipped throughout with an automatic sprinkler system installed in accordance with Sections 903.3.1.1 or 903.3.1.2.

3. Manual fire alarm boxes are not required throughout the building where the following conditions are met:

3.1. The building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2.

3.2. The notification appliances will activate upon sprinkler water flow.

3.3. Not less than one manual fire alarm box is installed at an approved location.

Section 1103.7.6 Group R-2. A manual and automatic fire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed in existing Group R-2 occupancies three or more stories in height or with 16 or more dwelling or sleeping units. Congregate residences shall retrofit existing manual-only fire alarm systems with manual and automatic fire detection. Other types of R-2 occupancies (such as apartment buildings) shall retrofit existing manual-only fire alarm systems with manual and automatic fire detection when the existing fire alarm control unit is replaced for any reason. Automatic detection shall be accomplished by use of a smoke detector (or heat detector as approved), which is system connected and electronically supervised.

Detectors shall be installed in all interior corridors and common areas.

Page 18 of 36 ends

Page 900 ends

Ordinance No. 7,959-N.S. Page 16 of 32
Exceptions:

1. Where each living unit is separated from other contiguous living units by fire barriers having a fire-resistance rating of not less than 3/4 hour, and where each living unit has either its own independent exit or its own independent stairway or ramp discharging at grade.

2. A separate fire alarm system is not required in buildings that are equipped throughout with an approved supervised automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 and having a local alarm to notify all occupants.

3. A fire alarm system is not required in buildings that do not have interior corridors serving dwelling units and are protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, provided that dwelling units either have a means of egress door opening directly to an exterior exit access that leads directly to the exits or are served by open ended corridors designed in accordance with Section 1027.6, Exception 3.

4. A fire alarm system is not required in buildings that do not have interior corridors serving dwelling units, do not exceed three stories in height and comply with both of the following:

4.1. Each dwelling unit is separated from other contiguous dwelling units by fire barriers having a fire-resistance rating of not less than ¾ hour.

4.2. Each dwelling unit is provided with smoke alarms complying with the requirements of Section 907.2.11.

Section 1103.7.10 Monitoring of Group R Occupancies. All existing R occupancies that are required to provide both a fire alarm and fire suppression system shall have the system monitored by a central station, remote supervising station, or proprietary supervising station.

Page 19 of 36 ends

Page 901 ends

Ordinance No. 7,959-N.S. Page 17 of 32
Chapter 49 of the California Fire Code is adopted in its entirety subject to the modifications thereto which are set forth below.

CHAPTER 49 – REQUIREMENTS FOR WILDLAND-URBAN INTERFACE FIRE AREAS
SECTION 4902 DEFINITIONS
Section 4902.1 General. For the purpose of this chapter, certain terms are defined as follows:

DIRECTOR. Director of the California Department of Forestry and Fire Protection (CAL FIRE).

FIRE PROTECTION PLAN. A document prepared for a specific premises, project or development, either existing or proposed for a Wildland-Urban Interface (WUI) area. It describes ways to minimize and mitigate potential for loss from wildfire exposure.

FIRE HAZARD SEVERITY ZONES. Geographical areas designated pursuant to California Public Resources Codes, Sections 4201 through 4204 and classified as Very High, High, or Moderate in State Responsibility Area or as Local Agency Very High Fire Hazard Severity Zones designated pursuant to California Government Code, Sections 51175 through 51189.

The California Code of Regulations, Title 14, Section 1280 entitles the maps of these geographical areas as "Maps of the Fire Hazard Severity Zones in the State Responsibility Area of California."
FLATLANDS MITIGATION AREA (ZONE 1) encompasses the entire City of Berkeley except for areas in the Hills Mitigation Area, Panoramic Mitigation Area and Grizzly Peak Mitigation Area.

FUEL BREAK. A natural or human caused change in fuel characteristics which affects fire behavior so that fires burning into them can be more readily controlled (NWCG PMS 205).

FIRE-RESISTANT VEGETATION. Plants, shrubs, trees and other vegetation that exhibit properties, such as high moisture content, little accumulation of dead vegetation, and low sap or resin content, that make them less likely to ignite or contribute heat or spread flame in a fire than native vegetation typically found in the region.
[Note: The following sources contain examples of types of vegetation that can be considered fire-resistant vegetation (Fire-resistant Plants for Home Landscapes, A Pacific Northwest Extension publication; Home Landscaping for Fire, University of California Division of Agriculture and Natural Resources; Sunset Western Garden Book)].

GRIZZLY PEAK MITIGATION AREA (ZONE 4) encompasses those areas of the city east of Grizzly Peak Boulevard to the city boundary.

Page 20 of 36 ends

Page 902 ends

Ordinance No. 7,959-N.S. Page 18 of 32
Homes addressed on, or with a structural frontage on either side of Grizzly Peak Boulevard are included in the area.

The Grizzly Peak Mitigation Area is designated as a Very-High Fire Hazard Severity Zone.

HILLS MITIGATION AREA (ZONE 2) encompasses those areas designated as Very High or High Fire Hazard Severity Zones that are not included in the Grizzly Peak Mitigation Area or Panoramic Mitigation Area.

This area includes areas of the City east / north east of the line formed by these roads. Homes addressed on, or with a structural frontage on either side of these road segments are included in the zone:
a. The Arlington Avenue from the Kensington Border to Marin Avenue b. Sutter Street from the Southern portal of the Northbrae Tunnel to Eunice Street
c. Eunice Street from Sutter Street to Spruce Street
d. Spruce Street from Eunice Street to Hearst Avenue
e. Gayley Road from Hearst Avenue to Stadium Rim Way
f. Piedmont Avenue from Stadium Rim Way to Dwight Way
g. Warring Street from Dwight Way to Derby Street
h. Belrose Avenue from Derby Street to Garber Street
i. Claremont Boulevard from Garber Street to Claremont Avenue j. Claremont Avenue from Claremont Boulevard to the Oakland Border k. Tunnel Road from Ashby Avenue to the Oakland Border
IGNITION-RESISTANT MATERIAL. A type of building material that complies with the requirements in Section 704A.2 in the California Berkeley Building Code.

LOCAL RESPONSIBILITY AREAS (LRA). Areas of the state in which the financial responsibility of preventing and suppressing fires is the primary responsibility of a city, county, city and county, or district.

PANORAMIC MITIGATION AREA (ZONE 3) encompasses those areas of the city bounded by the line formed by these roads and by the City Limit to the east.

The entirety of the Panoramic Mitigation Area is designated as a Very High Fire Hazard Severity Zone. Homes addressed on, or with a structural frontage on either side of these road segments are included in the zone:
a. Canyon Road from the Oakland border to Stadium Rim Way b. Stadium Rim Way from Canyon Road to Bancroft Way
c. Bancroft Way from Stadium Rim Way to Prospect Street d. Prospect Street from Bancroft Way to Bancroft Steps
e. Bancroft Steps from Prospect Street to Warring Street

Page 21 of 36 ends

Page 903 ends

Ordinance No. 7,959-N.S. Page 19 of 32
f. Bancroft Way from Warring Street to Piedmont Avenue
g. Piedmont Avenue from Bancroft Way to Dwight Way
h. Dwight Way from Piedmont Avenue to the Oakland border STATE RESPONSIBILITY AREA (SRA). Lands that are classified by the Board of Forestry pursuant to Public Resources Code Section 4125 where the financial responsibility of preventing and suppressing wildfires is primarily the responsibility of the state.

WILDFIRE. Any uncontrolled fire spreading through vegetative fuels that threatens to destroy life, property, or resources as defined in Public Resources Code, Sections 4103 and 4104.

WILDFIRE EXPOSURE. One or a combination of radiant heat, convective heat, direct flame contact and burning embers being projected by vegetation fire to a structure and its immediate environment.

WILDLAND-URBAN INTERFACE (WUI). A geographical area identified by the state as a "Fire Hazard Severity Zone" in accordance with the Public Resources Code, Sections 4201 through 4204, and Government Code, Sections 51175 through 51189, or other areas designated by the enforcing agency to be at a significant risk from wildfires.

SECTION 4903 PLANS
Section 4903.3 Submittal, approval and fees. When required to submit a Fire Protection Plan or Vegetation Management Plan for any reason the responsible party shall prepare or cause to be prepared a Fire Protection Plan in accordance with the latest standards of the Berkeley Fire Department. The Fire Protection Plan shall be submitted to, reviewed and approved by the Berkeley Fire Department and shall be enforced and maintained by the responsible party or their designated agent. The Berkeley Fire Department may charge an appropriate fee for the review, approval and processing of the Fire Protection Plan in accordance with the hourly rate established by City Council resolution.

SECTION 4905 WILDFIRE PROTECTION BUILDING CONSTRUCTION
Section 4905.2 Construction methods and requirements within established limits.

Within the limits established by law, construction methods intended to mitigate wildfire exposure shall comply with the wildfire protection building construction requirements contained in the California Building Standards Code Berkeley Building Code and Berkeley Residential Code, including the following:

1. California Building Code, Chapter 7A.Chapter 7A of the Berkeley Building Code (B.B.C), Berkeley Municipal Code Section 19.28.030.

2. California Residential Code Section R337 of the Berkeley Residential Code (B.R.C.), Berkeley Municipal Code Section 19.29.050.

3. California Referenced Standards Code, Chapter 12-7A.

SECTION 4907 DEFENSIBLE SPACE

Page 22 of 36 ends

Page 904 ends

Ordinance No. 7,959-N.S. Page 20 of 32
Property owners are not required or authorized by this code to enter the properties of another person to implement the requirements of this Section.

Section 4907.3 Requirements.

5. The Fire Code Official may require a property owner to perform hazardous vegetation and fuel management on their land to maintain defensible space up to 100 feet from structures located on adjacent properties.

Section 4907.4 Mitigations Required.

A person who owns, leases, controls, operates, or maintains lands shall at all times maintain:

3. Zone 1: 5 to 30 feet from any structure:
a. Remove any privacy hedges or contiguous vegetation that will create a pathway for fire to reach a Structure.
b. Maintain 6 feet of vertical clearance between branches and all other parts of trees overhanging the roof or other portion of any Structure or attached deck.
c. Maintain any tree, shrub, or other plant adjacent to or overhanging any Structure or attached deck free of dead branches, dead limbs, or other Combustible Material.
d. Maintain the roof and roof gutters of any structure, and the surface of any attached deck free of leaves, needles, or other vegetative materials.
e. Maintain trees to remove Ladder Fuels so that foliage, twigs, or branches are greater than 8 feet above the ground or surface fuels. f. Remove all branches within 10 feet of any chimney or stovepipe outlet. g. Storage of firewood, lumber, or other Combustible Material is not permitted.
h. Keep low-growing shrubs, no higher than 6 feet in height, spaced apart or in small groupings of no more than 3 shrubs with a maximum aggregate diameter of 10 feet. Shrub groupings must be separated from other shrubs or shrub groupings by 15 feet such that no continuous path of vegetation is created. Where shrubs are located below or within a tree's drip line, the lowest tree branch shall be a minimum of three times the height of the understory shrubs or 10 feet, whichever is greater.
i. If there are multiple structures, such as a shed, hot tub, and playset, ensure these structures are spaced at least 10 feet apart. Have at most three (3) of these structures within 30 feet of a building or structure . j. Relocate exposed firewood piles outside of Zone 1 unless they are completely covered in a fire-resistant material.

Page 23 of 36 ends

Page 905 ends

Ordinance No. 7,959-N.S. Page 21 of 32

4. Zone 2: 30 to 100 feet from any structure:
a. All exposed wood piles must have a minimum of ten feet (10 ft.) of clearance, down to bare mineral soil, in all directions.
b. Create horizontal and vertical spacing among shrubs and trees using the “Fuel Separation” method, the “Continuous Tree Canopy” method or a combination of both to achieve defensible space clearance requirements. Further guidance regarding these methods is contained in the State Board of Forestry and Fire Protection's, “General Guidelines for Creating Defensible Space, February 8, 2006,” incorporated herein by reference.

5. For both Zones 1 and 2:
a. Remove vegetative and combustible material capable of transmitting fire to a structure as determined by the Fire Code Official.
b. Dead and dying woody surface fuels and aerial fuels shall be removed. Loose surface litter, normally consisting of fallen leaves or needles, twigs, bark, cones, and small branches, shall be permitted to a maximum depth of three inches (3 in.).
c. Cut annual grasses and forbs down to a maximum height of four inches (4 in.). d. Non-irrigated brush is not permitted.
e. Vertical Spacing: Limb trees by removing hanging bark, debris and branches that are within six feet (6 ft.) of the ground, or three times the height of the understory vegetation, whichever is greater. Where a tree is not adaptable to limbing to the height described above, use a combination of limbing and/or modify and remove fuels adjacent to and underneath the tree to provide clearance above grade that is equivalent to three times the height of the tallest understory fuel.
f. Maintain horizontal spacing between shrubs:
i. Flat or mild slope (less than 20%): Two times the height of the shrub. ii. Mild to moderate slope (20-40%): Four times the height of the shrub iii. Moderate to steep slope (greater than 40%): Six times the height of the shrub
g. Maintain space between tree canopies:
i. Flat or mild slope (less than 20%): 10 feet.
ii. Mild to moderate slope (20-40%): 20 feet.
iii. Moderate to steep slope (greater than 40%): 30 feet. h. New trees shall be planted and maintained so that the tree’s drip line at maturity is a minimum of 10 feet from any structure or the canopy of other trees.

Section 4907.6 Specific requirements. Effective January 1, 2026 the Grizzly Peak Mitigation Area and Panoramic Mitigation Area shall be subject to 4907.6 instead of 4907.4.

Page 24 of 36 ends

Page 906 ends

Ordinance No. 7,959-N.S. Page 22 of 32
A person who owns, leases, controls, operates, or maintains lands shall at all times maintain:

1. Zone 0: 0 to 5 feet from any structure:
a. Maintain all areas within five (5) horizonal feet of any structure, outbuildings, attached deck or stairs, and the area under attached decks and stairs free of vegetative and non-vegetative combustible material.
i. This includes but is not limited to shrubs, vegetative ground cover, climbing vines, combustible boards, timbers, firewood, debris, synthetic lawn, wood mulch products, playsets, plastic trash and recycle cans, trellises, pergolas, shade coverings, planters, attached window boxes, privacy walls, boats, RVs, and other material that could be ignited by embers, radiant heat, or direct flame. ii. Hardscape materials, such as gravel, pavers, concrete, and other noncombustible mulch materials are permitted.
iii. Exception: Plants in pots are allowable if they are in areas that are not directly beneath, above, or adjacent to a window or eave; are kept in an unaffixed, non-combustible pot or container that is no larger than 5-gallon capacity; and set apart by 1.5 times the height of the plant or 12 inches, whichever is greater, from the structure and each other. These plants shall be no greater than 18 inches in height.

Dead or dying material on, around and under the plants shall be removed.
iv. Exception: Hot tubs may be installed within five (5) horizontal feet of a structure, provided they comply with all Zone 0 clearance requirements applicable to structures.
b. No trees are permitted in Zone 0.
i. Exception: If the bole of a tree is present within Zone 0, that tree is permitted if it is taller than the adjacent Building or Structure’s roof ridgeline, does not have any dead and dying branches;
ii. All live tree branches shall be kept:

1. Ten feet (10’) above the adjacent building or structure’s roof ridgeline;

2. Ten feet (10’) away from chimneys and stovepipe outlets; and

3. Five feet (5’) away from the sides of any Building, Structure, attached deck or stairs, and hot tubs within five (5) feet of a structure.
c. The roof and rain gutters of a Building or Structure shall be kept clear of leaves, needles, and vegetative material.

Page 25 of 36 ends

Page 907 ends

Ordinance No. 7,959-N.S. Page 23 of 32
d. Existing fences that are directly attached to a Building or Structure shall have a five foot (5 ft) non-combustible span at the point of attachment. After the effective date of this regulation, no new sections of combustible fence (parallel or perpendicular) are permitted within 5 feet of a building or structure including an attached deck.
e. Outbuildings are not permitted in Zone 0, unless constructed according to the standards in Chapter 7A (commencing with Section 701A.1) of Part 2 of Title 24 of the California Code of Regulations. Outbuildings that meet these standards shall be considered part of the Building or Structure.

2. Zone 1: 5 to 30 Feet from any structure:
a. Remove any privacy hedges or contiguous vegetation that will create a pathway for fire to reach a Structure.
b. Keep low-growing shrubs, no higher than 6 feet in height, spaced apart or in small groupings of no more than 3 shrubs with a maximum aggregate diameter of 10 feet. Shrub groupings must be separated from other shrubs or shrub groupings by 15 feet such that no continuous path of vegetation is created. Where shrubs are located below or within a tree's drip line, the lowest tree branch shall be a minimum of three times the height of the understory shrubs or 10 feet, whichever is greater.
c. If there are multiple structures, such as a shed, hot tub, and playset, ensure these structures are spaced at least 10 feet apart. Have at most three (3) of these structures within 30 feet of a building or structure. d. Relocate exposed firewood piles outside of Zone 1 unless they are completely covered in a fire-resistant material.

3. Zone 2: 30 to 100 feet from any structure:
a. All exposed wood piles must have a minimum of ten feet (10 ft.) of clearance, down to bare mineral soil, in all directions. b. Create horizontal and vertical spacing among shrubs and trees using the “Fuel Separation” method, the “Continuous Tree Canopy” method or a combination of both to achieve defensible space clearance requirements.

Further guidance regarding these methods is contained in the State Board of Forestry and Fire Protection's, “General Guidelines for Creating Defensible Space, February 8, 2006,” incorporated herein by reference.

4. For both Zones 1 and 2:
a. Remove vegetative and combustible material capable of transmitting fire to a structure as determined by the Fire Code Official.
b. Dead and dying woody surface fuels and aerial fuels shall be removed.

Loose surface litter, normally consisting of fallen leaves or needles, twigs, bark, cones, and small branches, shall be permitted to a maximum depth of three inches (3 in.).
c. Cut annual grasses and forbs down to a maximum height of four inches (4 in.).

Page 26 of 36 ends

Page 908 ends

Ordinance No. 7,959-N.S. Page 24 of 32
d. Non-irrigated brush is not permitted.
e. Vertical Spacing: Limb trees by removing hanging bark, debris and branches that are within six feet (6 ft.) of the ground, or three times the height of the understory vegetation, whichever is greater. Where a tree is not adaptable to limbing to the height described above, use a combination of limbing and/or modify and remove fuels adjacent to and underneath the tree to provide clearance above grade that is equivalent to three times the height of the tallest understory fuel.
f. Maintain horizontal spacing between shrubs:
i. Flat or mild slope (less than 20%): Two times the height of the shrub. ii. Mild to moderate slope (20-40%): Four times the height of the shrub iii. Moderate to steep slope (greater than 40%): Six times the height of the shrub
g. Maintain space between tree canopies:
i. Flat or mild slope (less than 20%): 10 feet.
ii. Mild to moderate slope (20-40%): 20 feet.
iii. Moderate to steep slope (greater than 40%): 30 feet. h. New trees shall be planted and maintained so that the tree’s drip line at maturity is a minimum of 10 feet from any structure or the canopy of other trees.

Section 4907.5 Corrective Actions. The fire department is authorized to take enforcement actions as necessary to achieve compliance with Chapter 49 of this code, including but not limited those actions specified in Sections 104.13 (“Authority to arrest and issue citations”), 112.4 (“Violation penalties”) and 114.7 (“Summary abatement”) of this code, and as authorized by Berkeley Municipal Code, Chapter 1.24, “Abatement of Nuisances”, and in accordance with all other applicable portions of the Berkeley Municipal Code. Corrective actions may also include the use of abatement warrants and the imposition of property liens as appropriate and in accordance with law.

Section 4912 SUPPRESSION AND CONTROL OF HAZARDS IN WILDLAND-URBAN INTERFACE AREAS]
Section 4912.1 Permit. The fire code official is authorized to stipulate conditions for permits. Permits shall not be issued when public safety would be at risk, as determined by the fire code official.

Section 4912.2 Restricted Entry. The fire code official shall determine and publicly announce when Wildland-Urban Interface areas shall be closed to entry and when such areas shall again be opened to entry. Entry on and occupation of Wildland-Urban Interface areas, except public roadways, inhabited areas or established trails and camp sites which have not been closed during such time when the Wildland-Urban Interface areas are closed to entry, is prohibited.

Exceptions:

Page 27 of 36 ends

Page 909 ends

Ordinance No. 7,959-N.S. Page 25 of 32

1. Residents and owners of private property within Wildland-Urban Interface areas and their invitees and guests going to or being upon their lands;

2. Entry, in the course of duty, by peace officers, and other duly authorized public officers, members of a fire department and members of the United States Forest Service
Section 4912.3 Trespassing on Posted Property
Section 4912.3.1 General. When the fire code official determines that a specific area within a Wildland-Urban Interface Areas presents an exceptional and continuing fire danger because of the density of natural growth, difficulty of terrain, proximity to structures or accessibility to the public, such areas shall be closed until changed conditions warrant termination of closure. Such areas shall be posted as hereinafter provided.

Section 4912.3.2 Signs. Approved signs prohibiting entry by unauthorized persons and referring to this section shall be placed on every closed area.

Section 4912.3.3 Trespassing. Entering and remaining within areas closed and posted is prohibited.

Exception: Owners and occupiers of private or public property within closed and posted areas, their guests or invitees, and local, state and federal public officers and their authorized agents acting in the course of duty.

Section 4912.4 Smoking. Lighting, igniting or otherwise setting fire to or smoking tobacco, cigarettes, pipes or cigars in Wildland-Urban Interface areas are prohibited.

Exception: Places of habitation or within the boundaries of established smoking areas or campsites as designated by the fire code official.

Section 4912.5 Spark Arresters. Chimneys used in conjunction with fireplaces, barbecues, incinerators or heating appliances in which solid or liquid fuel is used, upon buildings, structures or premises located within Wildland-Urban Interface areas shall be provided with a spark arrester. See Berkeley Building Code Section 705A.5 for specifications.

Section 4912.6 Tracer Bullets, Tracer Charges, Rockets and Model Aircraft. Tracer bullets and tracer charges shall not be possessed, fired or caused to be fired into or across Wildland-Urban Interface areas. Rockets, model planes, gliders and balloons powered with an engine, propellant or other feature liable to start or cause fire shall not be fired or projected into or across Wildland-Urban Interface Areas.

Section 4912.7 Explosives and Blasting. Explosives shall not be possessed, kept, stored, sold, offered for sale, given away, used, discharged, transported or disposed of within Wildland-Urban Interface areas except by permit from the fire code official.

Section 4912.8 Fireworks. Fireworks shall not be used or possessed in Wildland-Urban Interface areas. The fire code official is authorized to seize, take, remove or cause to be removed fireworks in violation of this section.

Exception: Fireworks allowed by the fire code official under permit when not prohibited by applicable local or state laws, ordinances and regulations.

Page 28 of 36 ends

Page 910 ends

Ordinance No. 7,959-N.S. Page 26 of 32
Section 4912.9 Apiaries. Lighted and smoldering material shall not be used in connection with smoking bees in or upon Wildland-Urban Interface areas except by permit from the fire code official.

Section 4912.10 Open-Flame Devices. See Berkeley Fire Code Sections 308.1.6 Open Flame Devices and 308.1.6.1 Signals and Markers.

Section 4912.11 Outdoor Fires. Outdoor fires shall not be built, ignited or maintained in or upon Wildland-Urban Interface areas, except by permit from the fire code official.

Exception: Outdoor fires within habited premises or designated campsites, where such fires are built in a permanent barbecue, portable barbecue, outdoor fireplace, incinerator or grill and are a minimum of 30 feet (9144 mm) from a grass-, grain-, brush or forest- covered area.

Permits shall incorporate such terms and conditions, which will reasonably safeguard public safety and property.

Outdoor fires shall be prohibited in or upon Wildland-Urban Interface areas under the following conditions:

1. When red flag conditions exist as defined by the National Oceanic and Atmospheric Administration,

2. When a person age 17 or over is not present at all times to watch and tend such fire, or

3. When public announcement is made that open burning is prohibited.

Permanent barbecues, portable barbecues, outdoor fireplaces, fire pits or grills shall not be used if solid or liquid fueled.

Section 4912.12 Incinerators and Fireplaces. Incinerators, outdoor fireplaces, fire pits, permanent barbecues and grills shall not be built, installed or maintained in Wildland- Urban Interface areas without prior approval of the fire code official. Existing incinerators, outdoor fireplaces, fire pits, permanent barbecues and grills shall be maintained in good repair and in a safe condition at all times. Openings in such appliances shall be provided with an approved spark arrester, screen or door.

Exception: When approved, unprotected openings in barbecues and grills necessary for proper functioning shall be allowed.

Section 4912.13 Dumping. Garbage, cans, bottles, papers, ashes, refuse, trash, rubbish or combustible waste material shall not be placed, deposited or dumped in or upon Wildland-Urban Interface areas or in, upon or along trails, roadways or highways in Wildland-Urban Interface areas.

Exception: Approved public and private dumping areas.

Section 4912.14 Disposal of Ashes. Ashes and coals shall not be placed, deposited or dumped in or upon Wildland-Urban Interface areas.

Exceptions:

1. In the hearth of an established fire pit, camp stove or fireplace;

Page 29 of 36 ends

Page 911 ends

Ordinance No. 7,959-N.S. Page 27 of 32

2. In a noncombustible container with a tight-fitting lid, which is kept or maintained in a safe location not less than 10 feet (3048mm) from combustible vegetation or structures;

3. Where such ashes or coals are buried and covered with 1 foot (304.8mm) of mineral earth not less than 25 feet (7620 mm) from combustible vegetation or structures.

Section 4912.15 Use of Fire Roads and Firebreaks. Motorcycles, motor scooters and motor vehicles shall not be driven or parked upon, and trespassing is prohibited upon, fire roads or firebreaks beyond the point where travel is restricted by a cable, gate or sign, without the permission of the property owner(s). Vehicles shall not be parked in a manner, which obstructs the entrance to a fire road or firebreak.

Exception: Public officers acting within their scope of duty. Radio and television aerials, guy wires thereto, and other obstructions shall not be installed or maintained on fire roads or fire breaks unless located 16 feet (4877 mm) or more above such fire road or firebreak.

Section 4912.16 Use of Motorcycles, Motor Scooters and Motor Vehicles.

Motorcycles, motor scooters and motor vehicles shall not be operated within Wildland- Urban Interface areas, without a permit by the fire code official, except upon clearly established public or private roads. Permission from the property owner(s) shall be presented when requesting a permit.

Section 4912.17 Tampering with Fire Department Locks, Barricades and Signs.

Locks, barricades, seals, cables, signs and markers installed within Wildland-Urban Interface areas, by or under the control of the fire code official, shall not be tampered with, mutilated, destroyed or removed. Gates, doors, barriers and locks installed by or under the control of the fire code official shall not be unlocked.

Section 4912.18 Liability for Damage. The expenses of fighting fires and securing emergencies, which result from a violation of this code, Chapter 6.15.030 of the Berkeley Municipal Code (“Unauthorized barbecues and fire on public property”), Sections 13000- 13011 of the California Health and Safety Code, Sections 4421-4446 of the California Public Resources Code, or Sections 451, 451.5, 452 or 455 of the California Penal Code is a charge against the person(s) whose violation of the code section(s) caused the fire.

Damages caused by such fires shall constitute a debt of such person(s) and shall be collectable by the fire code official in accordance with Section 107.7 of the BMC.

Chapter 50 of the California Fire Code is adopted in its entirety subject to the modifications thereto which are set forth below.

CHAPTER 50 – HAZARDOUS MATERIALS – GENERAL PROVISIONS
SECTION 5001 GENERAL

Page 30 of 36 ends

Page 912 ends

Ordinance No. 7,959-N.S. Page 28 of 32
Section 5001.7 Hazardous materials transportation restrictions. No vehicle containing hazardous materials, including a hazardous materials transportation tank truck, trailer, semi-trailer or tank wagon containing flammable or combustible liquids, hazardous chemicals, liquefied petroleum gases, poisonous gases, or cryogenic fluids, shall be operated on any city street without a permit from the fire code official. A map showing the proposed route of the vehicle shall accompany applications for such permits.

If a permit is granted, the map shall be carried at all times in the vehicle and the vehicle shall not deviate from the approved route as shown on the map. Such a permit may contain conditions, including restrictions on the hours within which certain routes may be used and limitations on the size of the vehicle allowed to travel the approved route. No route shall be approved that includes passage over or adjacent to subway entry or vent structures, through the Northbrae Tunnel, in any area designated an environmental safety residential district by the City of Berkeley's Zoning Ordinance, or in an area which may be designated as a hazardous fire area. Departure from the approved route, travel outside the permitted hours, and violation of any vehicle size limitation imposed, or failure to carry a map showing route approval shall constitute a violation of this Code. The transportation of extremely hazardous materials may, in the discretion of the fire code official, require both a permit and accompaniment by a Fire Department or Police Department convoy.

The following streets contain purge chamber openings which lead directly into the subway section of the Bay Area Rapid Transit (BART) System in Berkeley and their use by tank vehicles or trailers for transportation or delivery of flammable or combustible liquids, hazardous chemicals, liquefied petroleum gases, poisonous gases, or cryogenic fluids is prohibited and a violation of this Code:
a. On Addison Street between Martin Luther King Jr. Way and Oxford Street; b. On Shattuck Avenue between University Avenue and Dwight Way; c. On Virginia Street between Franklin and Sacramento Streets; d. On Sacramento Street between Virginia Street and Hearst Avenue; e. On Hearst Avenue between McGee Avenue and Milvia Street; f. On Adeline Street between Ward and Stuart Streets; and g. On Adeline Street between Ashby Avenue and Woolsey Street CHAPTER 56 – EXPLOSIVES AND FIREWORKS
SECTION 5601 GENERAL
5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks, including fireworks which are classified as Safe and Sane fireworks by the California State Fire Marshal’s Office, are prohibited within the City of Berkeley.

Exceptions:

1. Storage and handling of fireworks as allowed in Section 5604.

2. Manufacture, assembly and testing of fireworks as allowed in Section 5605 and Health and Safety Code Division 11.

Page 31 of 36 ends

Page 913 ends

Ordinance No. 7,959-N.S. Page 29 of 32

31. The use of fireworks for fireworks displays, pyrotechnics before a proximate audience and pyrotechnic special effects in motion pictures, television, theatrical or group entertainment productions as allowed in Title 19, Division 1, Chapter 6 Fireworks reprinted in Section 5608 and Health and Safety Code Division 11 when stored, transported, handled and used under the required fire department permit(s) and in accordance will all applicable requirements of Chapter 56.

42. The possession, storage, sale, handling and use of specific types of Division

1.4G fireworks where allowed by applicable laws, ordinances and regulations, provided that such fireworks and facilities comply with NFPA 1124, CPSC 16 CFR Parts 1500 and 1507, and DOTn 49 CFR Parts 100– 185, as applicable for consumer fireworks and Health and Safety Code Division 11.

Section 5604.1 General. The storage and handling of explosives within City of Berkeley limits is prohibited. Storage of explosives and explosive materials, small arms ammunition, small arms primers, propellant- actuated cartridges and smokeless propellants in magazines shall comply with the provisions of this section Exception: Where expressly permitted by applicable laws, ordinances or regulations provided such storage and handling of explosives and explosive materials, small arms ammunition, small arms primers, propellant-actuated cartridges and smokeless propellants in magazines is conducted in accordance with Section 5604 and all applicable provisions of Chapter 56.

CHAPTER 57 – FLAMMABLE AND COMBUSTABLE LIQUIDS
SECTION 5701 GENERAL
Section 5701.4.1 Transfer of flammable and combustible liquids. Transfer to or from containers or mobile tanks, above ground or underground tanks of flammable and combustible liquids shall not be made from or on the street or public way except by written approval by the fire code official.

Exceptions:

1. Transfer of not more than 5 gallons flammable or combustible liquids using a listed or approved portable fuel container of not more than 5 gallons capacity.

2. The transfer of combustible liquids to or from approved, fixed mechanical or electrical system equipment such as a Standby or Emergency electric power generator when the transfer is completed by a commercial fuel vendor using approved dispensing equipment via a previously approved, fixed tank filling port which met code requirements at the time of installation.

SECTION 5704 STORAGE
Section 5704.2.11.1.1 Restrictions on underground storage tanks. The storage of flammable and combustible liquids in underground tanks is prohibited in all areas zoned solely for residential occupancies, closely built commercial properties, and any other area deemed unsafe by the fire code official.

Page 32 of 36 ends

Page 914 ends

Ordinance No. 7,959-N.S. Page 30 of 32
Section 5704.2.13.1.4 Tanks abandoned in place. Tanks may be abandoned only under permit and following City of Berkeley Fire Department procedures. The owner shall demonstrate to the satisfaction of the City of Berkeley Toxics Management Division (TMD) that no unauthorized release has occurred. If the soil is contaminated, mitigation must be completed to the satisfaction of the Toxics Management Division (TMD). A notice shall be placed in the deed to the property. This notice shall describe the precise location of the closed underground storage tank, the hazardous substances that it contained, and the closure method. Tanks abandoned in place shall be as follows:

1. Flammable and combustible liquids shall be removed from the tank and connected piping.

2. The suction, inlet, gauge, vapor return and vapor lines shall be disconnected.

3. The tank shall be filled completely with an approved inert solid material.

4. Remaining underground piping shall be capped or plugged.

5. A record of tank size, location and date of abandonment shall be retained.

6. All exterior above-grade fill piping shall be permanently removed when tanks are abandoned or removed.

Section 5704.2.14 Removal and disposal of tanks. Removal and disposal of tanks shall comply with Sections 5704.2.14.1 and 5704.2.14.2. Removal of all tanks shall be authorized under a fire permit, abiding by City of Berkeley Fire Department procedures.

The applicant shall submit the following:

1. A site plan showing the location of the tanks.

2. A detailed description of the scope of work.

3. A site safety plan.

4. A vicinity map to the closest hospital, in an event of an emergency.

5. Proof of workers compensation insurance.

The owner shall demonstrate to the satisfaction of the City of Berkeley Toxics Division that no unauthorized release has occurred. If the soil is contaminated, mitigation must be completed to the satisfaction of the Toxics Division or the California Water Board.

CHAPTER 61 – LIQUIFIED PETROLEUM GASES
SECTION 6104 LOCATION OF LP-GAS CONTAINERS
Section 6104.1.1 Restrictions on storage of LP-gas containers. It shall be unlawful to store any liquefied petroleum gas cylinder with a capacity greater than 2-1/2 lbs. water capacity or a portable tank within any structure or building with an occupancy classification of A, R-1, R-2 or R-4, unless specifically authorized by this Code.

APPENDIX B – FIRE FLOW REQUIREMENTS FOR BUILDINGS

Page 33 of 36 ends

Page 915 ends

Ordinance No. 7,959-N.S. Page 31 of 32
Section B105.2 (Appendix B), Table B105.2, “Required Fire-Flow for Buildings Other Than One- And Two-Family Dwellings, Group R-3 And R-4 Buildings And Townhouses” [Amended Table]
TABLE B105.2
REQUIRED FIRE·FLOW FOR BUILDINGS
OTHER THAN ONE· AND
TWO-FAMILY DWELLINGS, GROUP R·3 AND R·4

BUILDINGS AND TOWNHOUSES

AUTOMATIC SPRINKLER
SYSTEM
(Design Standard)

MINIMUM FIRE-FLOW
(gallons per minute)

FLOW DURATION
(hours)
No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2) Section 903.3.1.1 of the
California Fire Code
2550% of the value in
Table B105.1(2)a
Duration in Table Bl 05.1(2) at the
reduced flow rate
Section 903.3.1.2 of the
California Fire Code
2550% of the value in
Table B105.1(2)b
Duration in Table Bl05.1(2) at the
reduced flow rate
For SI: 1 gallon per minute= 3.785 Lim.
a. The reduced fire-flow shall be not less than 1,000 gallons per minute. b. The reduced fire-flow shall be not less than 1,500 gallons per minute.

APPENDIX L – REQUIREMENTS FOR FIRE FIGHTER AIR REPLENISHMENT

SYSTEMS
SECTION L104 DESIGN AND INSTALLATION
Section L104.5.1 Stored pressure air supply. A stored pressure air supply shall be designed based on Appendix Chapter F of the California Plumbing Code Chapter 24 of NFPA 1901 except that the provisions applicable only to mobile apparatus or not applicable to system design shall not apply. A stored pressure air supply shall store not less than 5,000 Standard Cubic Feet (SCF) of air or be capable of refilling not less than 50 empty breathing air cylinders of a size and pressure used by the fire department, whichever is greater.

Section 19.48.030 Validity. Should any section, paragraph, sentence or word of this Chapter or of the Code or Standards be declared invalid, all other portions of this Chapter shall remain in effect.

Section 2. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

Page 34 of 36 ends

Page 916 ends

Ordinance No. 7,959-N.S. Page 32 of 32
At a special meeting of the Council of the City of Berkeley held on April 15, 2025, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Blackaby, Humbert, Kesarwani, Lunaparra, O’Keefe, Taplin, Tregub, and Ishii.

Noes: None.

Absent: None.

Page 35 of 36 ends

Page 917 ends

NOTICE OF PUBLIC HEARING

BERKELEY CITY COUNCIL

ADOPTION OF LOCAL AMENDMENTS TO THE BERKELEY FIRE

CODE - BASED ON THE CALIFORNIA INTERVENING CODE
ADOPTION CYCLE FOR THE 2022 CALIFORNIA FIRE CODE
The public may participate in this hearing by remote video or in-person.

Notice is hereby given that on June 17, 2025 at 6:00 P.M. the City Council will conduct a public hearing to consider the adoption of amendments to Section 19.48.020 (“Amendments to the California Fire Code”) as proposed by the Berkeley Fire Department.

The hearing will be held in the School District Board Room, located at 1231 Addison Street, Berkeley CA 94702.

For further information, please contact Colin Arnold, Assistant Fire Chief, Berkeley Fire Department at (510) 981-3473.

Written comments should be mailed or delivered directly to the City Clerk, 2180 Milvia Street, Berkeley, CA 94704, or e-mailed to [email protected] in order to ensure delivery to all Councilmembers and inclusion in the agenda packet.

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 City Clerk at (510) 981-6900 or [email protected] for further information.

Published: May 30 and June 6, 2025 – The Berkeley Voice ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the Notice for this Public Hearing of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on June 5, 2025.
__________________________________
Mark Numainville, City Clerk

Page 36 of 36 ends

Page 918 ends

Ordinance No. 7,958-N.S. Page 1 of 3
ORDINANCE NO. 7,958-N.S.

ADOPTION OF CALFIRE MAP DESIGNATING CITY OF BERKELEY FIRE HAZARD

SEVERITY ZONES
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1: Findings
Pursuant to California Government Code 51177-51179, California Department of Forestry and Fire Protection (CALFIRE) has released identified updates to Fire Hazard Severity Zones in the Local Responsibility Area. This process last occurred in 2007 and is directed by state law. Fire Hazard Severity Zones consist of Very High, High, and Moderate designations. Of note, when the current maps were released in 2007 the High and Moderate designations did not apply to the Local Responsibility Area and only Very High area were designated by the City Council. Senate Bill 63 (Stern, 2021) amended Government Code 51178 to add the Moderate and High Fire Hazard Severity Zones in the Local Responsibility Area.

Panoramic Hill and the areas immediately surrounding it are recommended to also be designated as Very High Fire Hazard Severity Zone due to narrow structure separation distance and high housing density, limited retrofitting of structures to bring them in compliance with Chapter 7A of the Building Standards Code, a single evacuation route that will cause extended evacuation time, proximity to dense vegetation and topographic features capable of supporting fast moving wind driven fire, the benefits to evacuation and wildfire risk reduction associated with long term replacement of existing housing stock with structures that meet wildfire resistive construction standards, and the strategic opportunity that the relatively straight, wide, north-south street selected as the western boundary could provide in terms of stopping or slowing the advance of a fire moving from the hills, west into the City.

The areas recommended to be designated as High Fire Hazard Severity Zones are included due to fire history (with major fires occurring in and around this area in 1905, 1923, 1970, 1980, and 1991), the narrow structure separation distance between homes, the limited retrofitting of structures to bring them in compliance with Chapter 7A of the Building Standards Code, the benefits to evacuation and wildfire risk reduction associated with long term replacement of existing housing stock with wildfire resistive construction, limited east to west evacuation routes that will cause extended evacuation time, and the strategic opportunity that the relatively straight, wide, north-south streets selected as western boundaries could provide in terms of stopping or slowing the advance of a fire moving from the hills, west into the City.

Community members in areas designated as Very High Fire Hazard Severity Zones are required to maintain defensible space within 100 feet of structures, or the property line, whichever is closer and in the case of new construction or major remodels classified by the Building Official as new construction, to meet the wildfire resistant construction requirements included in Chapter 7A of the Building Standards Code.

Page 1 of 11 ends

Page 919 ends

Ordinance No. 7,958-N.S. Page 2 of 3
Community members in areas designated as High Fire Hazard Severity Zones are required to meet the wildfire resistant construction requirements included in Chapter 7A of the Building Standards Code and in the case of new construction or major remodels classified by the Building Official as new construction.

Finally, community members selling property in the Very High and High Fire Hazard Severity Zones must conduct a natural hazard real estate disclosure at time of sale per CA CIV 1102.19 (AB 38, 2019).

Section 2: Adoption of CALFIRE recommended Fire Hazard Severity Zones:

The City hereby designates the Fire Hazard Severity Zones as recommended by the CALFIRE pursuant to Government Code Section 51178, and
Section 3: Designation of Additional Lands as Fire Hazard Severity Zones:

Notwithstanding the minimum fire safety standards required by state law, under the authority included in Government Code 51175 the City has the authority to establish more stringent wildfire safety standards. Further, as part of the Local Responsibility Area map adoption process, the City may designate areas not included in the identified CALFIRE maps as Moderate, High, or Very High Fire Hazard Severity Zones. The City may not reduce the identified designations, or boundaries, included in the CALFIRE maps.

Staff have reviewed the CALFIRE maps and recommend the following additional designations:

1. Designate as Very High Fire Hazard Severity Zones those areas of the City bounded by the line formed by these roads. Homes addressed on, or with a structural frontage on either side of these road segments are included in the zone:
a. Canyon Road from the Oakland border to Stadium Rim Way b. Stadium Rim Way from Canyon Road to Bancroft Way
c. Bancroft Way from Stadium Rim Way to Prospect Street d. Prospect Street from Bancroft Way to Bancroft Steps
e. Bancroft Steps from Prospect Street to Warring Street f. Bancroft Way from Warring Street to Piedmont Avenue
g. Piedmont Avenue from Bancroft Way to Dwight Way
h. Dwight Way from Piedmont Avenue to the Oakland border

2. Designate as High Fire Hazard Severity Zones those areas of the City west of the CALFIRE Very High Fire Hazard Severity Zone and east / northeast of the line formed by these roads. Homes addressed on, or with a structural frontage on either side of these road segments are included in the zone:
a. The Arlington Avenue from the Kensington Border to Marin Avenue

Page 2 of 11 ends

Page 920 ends

Ordinance No. 7,958-N.S. Page 3 of 3
b. Sutter Street from the Southern portal of the Northbrae Tunnel to Eunice Street
c. Eunice Street from Sutter Street to Spruce Street
d. Spruce Street from Eunice Street to Hearst Avenue
e. Gayley Road from Hearst Avenue to Stadium Rim Way
f. Piedmont Avenue from Stadium Rim Way to Dwight Way
g. Warring Street from Dwight Way to Derby Street
h. Belrose Avenue from Derby Street to Garber Street
i. Claremont Boulevard from Garber Street to Claremont Avenue j. Claremont Avenue from Claremont Boulevard to the Oakland Border k. Tunnel Road from Ashby Avenue to the Oakland Border
Section 4. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

At a special meeting of the Council of the City of Berkeley held on April 15, 2025, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Blackaby, Humbert, Kesarwani, Lunaparra, O’Keefe, Taplin, Tregub, and Ishii.

Noes: None.

Absent: None.

Page 3 of 11 ends

Page 921 ends

CALFIRE FHSZ Reccomendations
Esri, NASA, NGA, USGS, FEMA, Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS User City_of_Berkeley
City Boundary
Very High
High
Moderate
World_Hillshade
3/12/2025
0 0.6 1.20.3 mi
0 1 20.5 km
1:46,747

Page 4 of 11 ends

Page 922 ends

Additional Areas Recommended as FHSZ by the COB
Esri, NASA, NGA, USGS, FEMA, Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS User City Boundary
CALFIRE Very High
COB Very High (2025)
COB High (2025)
3/18/2025
0 0.8 1.60.4 mi
0 1 20.5 km
1:58,718

Page 5 of 11 ends

Page 923 ends

Panoramic Hill Mitigation Area with Fire Pathway Overlay Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS User Community, Sources: Esri, Maxar, Airbus DS, City_of_Berkeley
City Boundary
SW Fire Pathways
NE Fire Pathways
NE Entry
COB Very High FHSZ (2025)
World_Hillshade
3/12/2025
0 0.07 0.150.04 mi
0 0.1 0.20.05 km
1:5,843

Page 6 of 11 ends

Page 924 ends

1991
1991
1946
1928
1923
1923
Historical Fire Boundaries
Esri, NASA, NGA, USGS, FEMA, Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS User Fire1923
Fire1928
Fire1946
Fire1991 City Boundary
3/14/2025
0 1 20.5 mi
0 2 41 km
1:97,367

Page 7 of 11 ends

Page 925 ends

Year Built - North
Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User Community
Parks
after2008
before2008
City of Berkeley Boundary
3/12/2025
0 0.3 0.60.15 mi
0 0.5 10.25 km
1:23,373

Page 8 of 11 ends

Page 926 ends

Year Built - South
Sources: Esri,
TomTom, Garmin, FAO, NOAA, USGS, © OpenStreetMap
contributors, and the GIS User Community
Parks
after2008
before2008
City of Berkeley Boundary
3/12/2025
0 0.3 0.60.15 mi
0 0.5 10.25 km
1:23,373

Page 9 of 11 ends

Page 927 ends

Very High & High FHSZs with Fire Pathway Overlay
Esri, NASA, NGA, USGS, FEMA, Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS User City_of_Berkeley
City Boundary
SW Fire Pathways
NE Fire Pathways
COB Very High FHSZ (2025)
COB High FHSZ (2025)
3/12/2025
0 0.6 1.20.3 mi
0 1 20.5 km
1:46,747
CALFIRE Very High (2025)
NE Entry

Page 10 of 11 ends

Page 928 ends

FHSZ Comparison 2019 to 2025
Esri, NASA, NGA, USGS, FEMA, Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS User 0 0.6 1.20.3 mi
0 1 20.5 km
1:46,747
City Boundary
CALFIRE Very High (2025)
Additional Area
Recommended as a Very High Fire Hazard Severity
Zone by the City of Berkeley(2025)
(2025)
Additional Area Recommended as
a High Fire Hazard Severity Zone
by the City of Berkeley (2025)
Very High FHSZ (2019)

Page 11 of 11 ends

Page 929 ends

Page 930 ends

Internal
Brent Blackaby
Councilmember District 6
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7160 ● TDD: (510) 981-6903 ● Fax: (510) 981-7166 E-Mail: [email protected]

ACTION CALENDAR
June 17, 2025
To: Honorable Mayor and Members of the City Council
From: Councilmember Blackaby (Author), Councilmember O’Keefe (Co-Sponsor) Subject: EMBER Implementation Plan, Vegetation Management Working Group, and Clarifying Fire Code Language

RECOMMENDATION

1. Refer to the City Manager to develop a comprehensive roll-out and implementation plan for EMBER; then return to City Council before September 9, 2025

2. Refer to the City Manager to create a working group of Berkeley residents and stakeholders to review the vegetation management portion of the Fire Code to ensure that it is clear, reflects unique local conditions, and incorporates the best available fire science (inclusive of any more conservative code adopted by the California Board of Forestry); then return with additional amendments to the City Council before December 31, 2025 as part of the Fire Department’s Triennial Fire Code Update Process

3. Refer to the City Manager to incorporate additional clarifying language listed in this report; then return amendments to the City Council before December 31, 2025 as part of the Fire Department’s Triennial Fire Code Update Process

FINANCIAL IMPLICATIONS
No additional financial implications; staff will be updating the Fire Code and is actively engaged in making EMBER more user-friendly for residents.

CURRENT SITUATION AND ITS EFFECTS
The City’s EMBER (Effective Mitigation for Berkeley’s Ember Resilience) proposal outlines new fire safety standards designed to reduce the risk of home ignition from wildfire embers, protecting individual homes, neighborhoods, and the entire community from a catastrophic wildfire. EMBER’s scientifically validated mitigation measures advance the City’s Strategic Plan Goal to create a resilient, safe, connected, and prepared city.

If City Council adopts the EMBER proposal’s updated Fire Maps and Fire Code amendments on June 17th, that will establish a clear new policy for Zone Zero vegetation management in the Grizzly Peak Mitigation Area and the Panoramic

Page 1 of 22 ends

Page 931 ends

Internal
EMBER Implementation Plan + Veg Management Committee + Clarifying Code ACTION CALENDAR June 17, 2025

Page 2 ends

Mitigation Area, going into effect on January 1, 2026. The City and the Fire Department must next lay out a more detailed plan for rollout and implementation to gain widespread participation from residents in the Grizzly Peak Mitigation Area and the Panoramic Mitigation Area in order to achieve maximum community risk reduction in the months ahead.

Furthermore, over the past five months since Fire Chief David Sprague and his team introduced the EMBER proposal, the City has held a wide variety of outreach and information meetings. Council has received significant community input from residents to help strengthen the EMBER proposal and clarify language in the proposed Fire Code.

The requested changes in this report would ease the burden of implementing EMBER while keeping the core efficacy of the EMBER Strategy in place.

The Fire Department is already required to return to Council with the City’s Triennial Fire Code Update by the end of 2025. We recommend making additional EMBER- related refinements and clarifications to the Fire Code as part of this existing process.

1. Roll-out & Implementation Plan should help educate, advise, and support residents in the Grizzly Peak Mitigation Area and the Panoramic Mitigation Area to implement Zone Zero. The following should be included in the Plan, at minimum:

BFD to return with proposed Roll-out and Implementation Plan, Including Support for Residents – by September 9, 2025. Main components for EMBER roll-out, including but not limited to:

Timeline:
 Neighborhood site visits, homeowner implementation workshops, and landscaper/contractor training begin July 2025
 Inspections begin May 2026 (12 months from now)
 Homeowners don't get cited if work is in progress
 Regular ongoing communications via mail, email, online video, in-person visits Financing:
 Deploying $1+ million in grant funds for Zone Zero vegetation management (age 65+ and/or below median income, medically unable)
 Transfer tax credit (up to 0.5% of home value)
 More to come

Page 2 of 22 ends

Page 932 ends

Internal
EMBER Implementation Plan + Veg Management Committee + Clarifying Code ACTION CALENDAR June 17, 2025

Page 3 ends

Facilitate neighborhood organizing:
 Continue the chipper program and provide other tools needed for community workdays
 Help neighborhoods coordinate to organize vegetation management work collectively, rather than individually, for better contractor pricing  BerkeleyCorp volunteer days-of-action
Regular Report-Backs to Council:
 BFD & City Manager to inform Council if the State of California changes their Zone Zero requirements, so we can then revisit our standards  BFD & City Manager to provide semi-annual updates to Council on wildfire mitigation efforts by regional partners (including EBRPD, PG&E, EBMUD, UC Berkeley, Berkeley Lab, and neighboring jurisdictions)

2. Create Resident & Stakeholder Working Group to Review Vegetation Management Portion of Fire Code – to be adopted during Triennial Fire Code update in December 2025:

As a part of the Triennial Fire Code Update, the City should engage Berkeley residents and stakeholders, under the leadership of the Fire Department, to conduct a more detailed review of the vegetation management section of the Berkeley Municipal Code to ensure that it is clear, reflects unique local conditions, and incorporates the best available fire science (inclusive of any more conservative code adopted by the California Board of Forestry); then return amendments to the City Council before December 31, 2025 as part of the Fire Department’s Triennial Fire Code Update Process.

3. Make Additional Fire Code Changes – to be adopted during Triennial Fire Code update in December 2025:

1. Section 104.9 is an existing section that allows for property-specific modifications when there are practical difficulties to carry out the provisions of the fire code.

Section 104.10 provides a process by which Alternate Means and Materials can be proposed by a resident so long as they provide for conditions that are as safe or safer than the code language. Staff should research and consider proposing language allowing modifications where necessary to address an environmental concern, including for (1) protecting endangered, rare, or threatened plant or animal species; (2) avoiding significant erosion or sedimentation of surface waters; (3) avoiding removal of healthy, mature, scenic trees; (4) avoiding impacts to an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies, including historical resources. Staff should also more clearly define the process for how residents would identify these exceptions and present their findings to allow for consideration of alternative materials and

Page 3 of 22 ends

Page 933 ends

Internal
EMBER Implementation Plan + Veg Management Committee + Clarifying Code ACTION CALENDAR June 17, 2025

Page 4 ends

methods.

2. Under proposed language in the local modifications of Section 4906.7, the statement that “no trees are permitted in Zone 0,” even though it is followed with exceptions, seems to send a different message than what staff states is the intent. Staff should reformat that language to clearly state what is allowed, and then call out the exceptions that are not allowed. In particular, the language should make clear that Section 4906.7 does not require the removal of healthy, mature, scenic trees.

3. Similarly, later in Section 4906.7, staff should provide more clarity when it comes to the handling of trees with “Continuous Tree Canopy.” It appears to be staff’s intention that where it is infeasible or impractical to create canopy separation, that the understory can be cleaned up instead. This should be stated explicitly in the code.

4. Staff should remove the local amendments about misdemeanors in Section 104.13. This language has been carried through multiple code adoptions, is quite dated, and needs to be revisited to make clear that this authority should be removed.

BACKGROUND
Wildfire has historically hit Berkeley every 20 years since 1905, with 2024 marking the 33rd year since the last major fire; we are overdue. Climate change has exacerbated the conditions for wildfire. The state passed Zone Zero Legislation in 2020 but stalled on developing the regulations so it was not implemented. The fire tragedy suffered by the Los Angeles area spurred our Fire Department to develop the Zone Zero proposal, named EMBER (Effective Mitigation for Berkeley’s Ember Resilience) to proactively protect our community against an urban conflagration.

On February 11, 2025 the City Council held a Special Meeting on the EMBER Proposal where the Fire Chief and staff outlined the proposal and asked for feedback.

On April 15, 2025, the Berkeley Fire Chief brought the EMBER Proposal to Council for their consideration. Council approved the ordinance unanimously. Council will consider the second reading of the ordinance at this June 17, 2025 meeting. This item is in support of the second reading and seeks both clarifying language of the ordinance and a roll-out plan upon its approval.

The following public announcements, Council Meetings, Forums and Outreach about EMBER have taken place since January 2025:
 1/11/2025: Berkeleyside / Berkeley Scanner Op-Ed
 1/22/2025: Presentation at the City’s Disaster Fire Safety Commission  2/05/2025: Citywide outreach Surveys in Berkeley Considers  2/05/2025: Berkeley Scanner Article
 2/05/2025: FireWise meeting
 2/07/2027: Berkeleyside Article
 2/10/2025: Information Session with Wildcat Canyon Neighbors

Page 4 of 22 ends

Page 934 ends

Internal
EMBER Implementation Plan + Veg Management Committee + Clarifying Code ACTION CALENDAR June 17, 2025

Page 5 ends

 2/11/2025: Special Council Meeting: EMBER Proposal – for feedback & next steps  2/24/2025 FireWise meeting
 2/27/2025: East Bay Wildfire Coalition Presentation
 3/10/2025: FireWise Meeting
 3/05/2025: Information Session with Park Hills Community  3/20/2025: District 6 Community EMBER webinar
 3/24/2025: Public Safety Policy Committee
 3/26/2025: City of Berkeley Community E-Mail & Web Message  4/15/2025: Berkeley Scanner and numerous national publications  4/15/2025: Council Meeting: approve 1st reading of Fire Code Amendments Ordinance
 5/15/2025: EMBER Community Workshop via Zoom Webinar
 5/27/2025: EMBER Community Workshop in-person at Northbrae Community Church

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Reducing likelihood of wildfire turning into an urban conflagration supports Berkeley’s environmental sustainability goals and reduces climate impacts.

CONTACT PERSON
Councilmember Brent Blackaby Council District 6 510-981-7160 Attachments:
1: EMBER 2-page overview
2: EMBER FAQ

Page 5 of 22 ends

Page 935 ends

Internal

Page 6 of 22 ends

Page 936 ends

Internal
EMBER Implementation Plan + Veg Management Committee + Clarifying Code ACTION CALENDAR June 17, 2025

Page 7 ends

Page 7 of 22 ends

Page 937 ends

Internal
EMBER Implementation Plan + Veg Management Committee + Clarifying Code ACTION CALENDAR June 17, 2025

Page 8 ends

Effective Mitigation for Berkeley’s Ember Resilience (EMBER) FAQ’s

1. What is the science underlying Zone Zero proposed in EMBER? There's a robust set of evidence, based on experiments, studies, actual experience from firefighters, and post-wildfire analysis, that provides the foundation of the EMBER proposal. Key links to review the scientific consensus around Zone Zero & home hardening:
 The 2021 peer-reviewed study titled “Housing Arrangement and Vegetation Factors Associated with Single-Family Home Survival in the 2018 Camp Fire” analyzed factors influencing home survival during the 2018 Camp Fire. Key findings indicate strong associations between both distance to nearest destroyed structure and vegetation within 100 m and home survival. This indicates building and vegetation modifications substantially improve outcomes including home hardening, defensible space, and eliminating near-home combustibles, especially in areas closest to the home (0-5 feet).
 Defensible Space Analysis in California: Following an analysis of over 2000 structures in San Diego County, Syphard et al. concluded that structures were more likely to survive a fire with an effective defensible space “immediately adjacent” to them. Syphard et al. also report that reducing woody vegetation cover up to 40% immediately adjacent to structures and preventing vegetation from overhanging or touching structures were the most effective actions to reduce risk of home ignition.
 Post-wildfire investigations support both experimental and computational research in that the elimination of combustible material from Zone 0 is a necessary mitigation action to reduce the risk of home ignitions. The investigation performed after the Grass Valley Fire in 2008 (Cohen et al. 2008) concluded that home ignitions were caused by embers igniting buildings or creating spot fires in the immediate areas around the building rather than high intensity flames. The National Institute of Standards and Technology’s post-Camp Fire report likewise concludes that overhanging trees, fences, and other combustible items within Zone 0 provided fuel pathways that led to home ignitions (photos below 2min apart show fire spreading from the fence and tree to the home). Additionally, this work provided examples where overhanging trees within the 0–5-foot zone could also ignite the building.

Similarly, the IBHS post-Glass Fire investigation observed vegetation that likely provided a pathway for ignition when plants—even in small amounts—touch the building

Page 8 of 22 ends

Page 938 ends

Internal
EMBER Implementation Plan + Veg Management Committee + Clarifying Code ACTION CALENDAR June 17, 2025

Page 9 ends

as shown in photo below. The house in the photo below was likely defended by first responders during the event.
 The IBHS white paper "Return of Conflagration to the Built Environment" examines how modern suburban communities, especially those in the wildland- urban interface (WUI), are increasingly vulnerable to wildfire-driven conflagrations due to factors such as drought, high winds, human-caused ignitions, dense combustible structures, and inadequate building codes.

Historical urban fires, like the 1871 Great Chicago Fire, were mitigated through improved building practices and codes; however, similar vulnerabilities have reemerged in today's suburban areas, as evidenced by recent events like the Marshall Fire in Colorado and the Lahaina Fire in Hawaii, where over 1,000 structures were destroyed within hours. The report emphasizes the necessity of comprehensive community-level strategies—including ignition-resistant construction, elimination of combustible materials near homes, and coordinated planning—to prevent and mitigate the spread of such devastating fires.  The NIST Technical Note 2228, titled Wind-Driven Fire Spread to a Structure from Fences and Mulch, investigates how common landscaping elements like fences and mulch contribute to the spread of wildfires in wildland-urban interface

Page 9 of 22 ends

Page 939 ends

Internal
EMBER Implementation Plan + Veg Management Committee + Clarifying Code ACTION CALENDAR June 17, 2025

Page 10 ends

(WUI) areas. Through 187 controlled experiments, researchers found that combustible materials, especially when combined—such as wooden fences adjacent to mulch beds—significantly accelerate fire spread, with flames reaching nearby structures in as little as four minutes. The study emphasizes the need for homeowners to avoid placing combustible materials in close proximity and advocates for the adoption of fire-resistant landscaping practices to mitigate wildfire risks.
 The NIST Technical Note 2205 introduces the Hazard Mitigation Methodology (HMM), a performance-based framework designed to reduce wildfire risk in Wildland-Urban Interface (WUI) communities by addressing vulnerabilities at the structure, parcel, and community levels. The methodology emphasizes the necessity of complete ember hardening for all structures, as partial measures do not proportionally reduce risk, and highlights the importance of managing combustible materials and structural layouts to prevent fire spread via embers and direct flame contact. By integrating strategies such as fuel reduction, structure hardening, and community-wide planning, HMM aims to enhance the resilience of WUI communities against increasingly severe wildfire threats.

Click here to watch a video of the Balch Springs Fire in Texas spread from low grass and then use connective fuels to move from one structure to another.  The IBHS report Wildland Fire Embers and Flames: Home Mitigations That Matter emphasizes that protecting homes from wildfires requires a comprehensive, two-tiered approach: first, implementing foundational defenses against embers; second, adding measures to guard against direct flame exposure. Key recommendations include installing Class A fire-rated roofing, using noncombustible gutter covers, screening vents with fine metal mesh, maintaining a five-foot noncombustible perimeter around the home (known as Zone 0), and ensuring fences and decks near the structure are made of fire-

Page 10 of 22 ends

Page 940 ends

Internal
EMBER Implementation Plan + Veg Management Committee + Clarifying Code ACTION CALENDAR June 17, 2025

Page 11 ends

resistant materials. The report underscores that partial mitigation efforts are insufficient; only a fully integrated strategy addressing all vulnerable components can significantly reduce the risk of home ignition during wildfires.  The IBHS report Near-Building Noncombustible Zone emphasizes the critical role of maintaining a 0–5 foot noncombustible zone around structures to mitigate wildfire risks. Through controlled experiments simulating ember exposure and radiant heat, the study found that combustible materials within this zone significantly increase the likelihood of ignition, especially at building corners where wind patterns can intensify heat exposure. Recommendations include removing flammable items such as wooden fences, mulch, and vegetation within this area and replacing them with noncombustible alternatives like gravel or concrete to enhance the building's resilience against wildfires.  The IBHS report on the 2023 Lahaina Fire identifies three primary factors contributing to the rapid spread of the conflagration: high structure density, the presence of combustible connective fuels (such as vegetation and vehicles), and the use of building materials that were insufficiently fire-resistant under extreme thermal conditions. The study emphasizes that effective mitigation requires a comprehensive, community-wide approach, including increasing the spacing between structures, removing combustible materials that can act as fire pathways, and constructing homes with materials resistant to both embers and direct flame exposure. The report also highlights the critical role of homes located at the edges of communities, particularly those adjacent to grasslands, noting that if these homes are built with fire-resistant materials and maintain adequate defensible space, they can serve as a crucial barrier against the spread of wildfires into more densely populated areas.
 Fort McMurray Wildfire Investigative Report (ICLR/FireSmart 2017): A post-fire investigation by the Institute for Catastrophic Loss Reduction into the 2016 Fort McMurray wildfire in Canada found that direct flames or radiant heat from the forest fire were not the main cause of home ignitions. Instead, wind-driven embers were identified as the primary cause of most early home ignitions as the fire entered neighborhoods, often igniting combustible materials immediately around homes. The study noted that homes which adhered to FireSmart guidelines – including maintaining a noncombustible 0–1.5 m (5 ft) zone around the structure – survived at significantly higher rates than those that did not, demonstrating that Zone 0 defensible space is highly effective in preventing home ignition. Home survival was not random; it depended on conditions in the home ignition zone, reinforcing that eliminating fuels right next to the house greatly improves survivability
 Ember Accumulation Near Walls – IBHS/UL Study (Quarles et al. 2023): A peer- reviewed study in International Journal of Wildland Fire examined where wind- blown embers tend to accumulate around buildings using experiments at the IBHS Research Center. It found that ember accumulation was greatest right up against exterior walls, indicating the highest ignition vulnerability is immediately adjacent to the structure. Higher wind speeds delivered more embers to the

Page 11 of 22 ends

Page 941 ends

Internal
EMBER Implementation Plan + Veg Management Committee + Clarifying Code ACTION CALENDAR June 17, 2025

Page 12 ends

building and, critically, rough surfaces like wood mulch captured embers at the base of walls, whereas smoother noncombustible surfaces allowed embers to blow past – demonstrating that a noncombustible Zone 0 prevents embers from piling up and igniting next to the home
 Australian Bushfire Case–Land Management Practices Associated with House Loss in Wildfires (Gibbons et al. 2012): A rigorous statistical study of the devastating 2009 “Black Saturday” bushfires in Australia evaluated how fuel management around homes affected house loss. The logistic regression results showed the cover of trees and shrubs within 40 m of houses was the top predictor of home destruction, and all fuel-reduction measures were more effective the closer they were to the house. The authors conclude that focusing on “intensive fuel treatments close to property” (e.g. eliminating combustibles in the immediate 0–5 ft and near-yard area) will most effectively reduce wildfire impacts on homes, far more than distant vegetation management  The IBHS report on the January 2025 Los Angeles County wildfires details how extreme wind conditions, with gusts exceeding 60 mph, rapidly transformed initial ignitions into widespread urban conflagrations, notably in Pacific Palisades and Altadena. The fires, fueled by dense housing, combustible landscaping, and inadequate defensible space, overwhelmed firefighting efforts, leading to the destruction of over 5,000 structures and eight fatalities. The report emphasizes the critical need for comprehensive mitigation strategies, including the elimination of combustible materials within five feet of structures (Zone 0), adherence to modern building codes, and community-wide planning to enhance resilience against future wildfires.
 The 2021 report An Impact Analysis for the National Guide for Wildland-Urban Interface Fires, prepared by the Institute for Catastrophic Loss Reduction for the National Research Council of Canada, evaluates the potential benefits of implementing the National Guide for Wildland-Urban Interface (WUI) Fires. The analysis highlights that adopting the guide's recommendations—such as using fire-resistant building materials, creating defensible space around properties, and enhancing community planning—can significantly reduce the risk of wildfire- related damages and losses in WUI areas. The report underscores the importance of proactive mitigation strategies and coordinated efforts among stakeholders to enhance community resilience against wildfires.  The 2023 Milliman report, Town of Paradise California Resilience Challenge:

Task 1 to Task 4, presents a comprehensive analysis of wildfire risk reduction strategies for the Town of Paradise, California, following the devastating 2018 Camp Fire. Conducted in collaboration with CoreLogic and supported by the Bay Area Council Foundation’s California Resilience Challenge, the study quantifies the effectiveness of various mitigation measures, including home hardening, zoning reforms, and the establishment of external buffers. The findings indicate that implementing these strategies could reduce wildfire-related losses by up to 75% and insurance premiums by up to 55%, offering a viable blueprint for enhancing resilience and affordability in wildland-urban interface communities.

Page 12 of 22 ends

Page 942 ends

Internal
EMBER Implementation Plan + Veg Management Committee + Clarifying Code ACTION CALENDAR June 17, 2025

Page 13 ends

 Alexandra Syphard’s article about The Role of Defensible Space for Residential Structural Protection During Wildfires. Some have suggested Ms. Syphard’s research does not support Zone Zero. However, when we asked her, she replied that “Zone Zero requirements are one of the most important things residents can do to protect their property from wildfire.” Here is a letter that Dr Syphard and Dr Gollner wrote to the CA Board of Forestry. Her letter explaining why Zone Zero is critical and is pasted here:
“I am sorry to learn that my work is being somewhat misrepresented in a way that could make residents more at risk to wildfire. The study in which I recommend that excessive defensible space may not be needed is specifically talking about those who want to far exceed the 100' minimum, or those who want to moonscape their property and thus invite excessive colonization by un-irrigated invasive annuals (a concern most relevant to southern CA). My study found significant benefits of defensible space, particularly the closer you are to the structure. It is my thought that the Zone Zero requirements are one of the most important things residents can do to protect their property from wildfire.

Studies that show a relatively larger effect of construction materials should not be taken to mean that defensible space should not be done or that it will not have benefits. This is particularly the case for Zone Zero, but it is also important to maintain 100 feet of appropriate defensible space (i.e., according to Cal Fire guidelines) for firefighter safety and maneuverability. I would put less weight on the defensible space measurements in the 2019 paper because we did not measure defensible space ourselves. Please let me know if there is anything else I can do to help. Alexandra D. Syphard, PhD” And here’s a good digestible summary:

Inconvenient truths about the fires burning in Los Angeles from two fire experts

2. What, if any, plants are permitted in Zone Zero (the first 5 feet around your home)?
The plants allowed in Zone Zero are:
 Mature trees taller than your house with branches overhanging the roof at least 10-ft above the roof. Mature trees are less likely to ignite and pose an ignition risk to structures during a wildfire/ember storm. More fire prone species like Juniper, Monterey Pine, or Blue Gum Eucalyptus can be removed by the resident if desired to increase resiliency.
 Plants in pots are allowable if they are in areas that are not directly beneath, above, or adjacent to a window or eave; are kept in an unaffixed, non- combustible pot or container that is no larger than 5-gallon capacity; and set apart by 1.5 times the height of the plant or 12 inches, whichever is greater, from the structure and each other. These plants shall be no greater than 18 inches in height. Dead or dying material on, around and under the plants must be removed.

Many of these catastrophic wildfires follow periods of drought and are accompanied with extremely low humidity and hot winds. The combination of these factors will lead any plant, even fire resistive, native species to be ignitable during a wildfire. Further, most plants produce dead woody materials that are often not maintained and can cause

Page 13 of 22 ends

Page 943 ends

Internal
EMBER Implementation Plan + Veg Management Committee + Clarifying Code ACTION CALENDAR June 17, 2025

Page 14 ends

ignition. Pending California Board of Forestry regulations are very likely to not include exceptions for fire resistive plant species.

You can have beautiful gardens that adhere to Zone 0 guidelines.

See images below for just a couple examples:

3. Can I get financial support to help pay for Zone Zero work? The Fire Department has already secured a $1 million dollar grant, targeted toward the homes in the Grizzly Peak and Panoramic Hill Mitigation Areas, to help residents who are unable to remove vegetation within Zone 0.The city is also currently running the

Page 14 of 22 ends

Page 944 ends

Internal
EMBER Implementation Plan + Veg Management Committee + Clarifying Code ACTION CALENDAR June 17, 2025

Page 15 ends

Grizzly Peak Project, and can remove privacy hedges within 10 feet of the road on private property (and will extend the work further into the yard for hazardous species), and offers free plant replacement.

In addition, the City is working to secure additional sources of financing – ranging potentially from additional grants to tax credits and low-interest loans. City Council is lobbying the Legislature and Congress to enact several key bills, including AB888 (Calderon), AB389 (Willis), and the Firewall Act (Schiff), which, if enacted, would provide financial incentives and support for Zone Zero and Home Hardening.

4. Opportunities for Public Input and Engagement?
In August 2020 the State Legislature enacted AB-3074 to create an “ember-resistant- zone”. However, due to political and administrative issues, the formal rulemaking process necessary to implement the requirements has not yet been completed. Had the processes been completed, new houses would have had to comply by 2023 and existing homes by 2024. On February 6, 2025 Governor Newsom signed an Executive
Order “to further prepare for future urban firestorms, stepping up already nation-leading strategies.” The order directs the State Board of Forestry to accelerate its work to adopt regulations known as “Zone 0.”
Given the clear science on Zone Zero and the devastation of the Los Angeles Fires, Berkeley Fire Chief David Sprague and his team moved forward with a local version in January 2025, known as EMBER - Effective Mitigations for Berkeley’s Ember Resilience.

The following public announcements, Council Meetings, Forums and Outreach about EMBER have taken place since that time:
 1/11/2025: Berkeleyside / Berkeley Scanner OpEd
 1/22/2025: Presentation at the City’s Disaster Fire Safety Commission  2/05/2025: Citywide outreach Surveys in Berkeley Considers  2/05/2025: Berkeley Scanner Article
 2/05/2025: FireWise meeting
 2/07/2027: Berkeleyside Article
 2/10/2025: Information Session with Wildcat Canyon Neighbors  2/11/2025: Special Council Meeting: EMBER Proposal – for feedback & next steps
 2/24/2025 FireWise meeting
 2/27/2025: East Bay Wildfire Coalition Presentation
 3/10/2025: FireWise Meeting
 3/05/2025: Information Session with Park Hills Community  3/20/2025: District 6 Community EMBER webinar
 3/24/2025: Public Safety Policy Committee
 3/26/2025: City of Berkeley Community E-Mail & Web Message  4/15/2025: Berkeley Scanner and numerous national publications

Page 15 of 22 ends

Page 945 ends

Internal
EMBER Implementation Plan + Veg Management Committee + Clarifying Code ACTION CALENDAR June 17, 2025

Page 16 ends

 4/15/2025: Council Meeting: approve 1st reading of Fire Code Amendments Ordinance

We are holding two additional opportunities for community discussion on May 15 and May 27. City Council will meet on June 17th for the 2nd reading of the Ordinance.

After the ordinance is approved, we will work with BFD to organize a wide variety of additional implementation workshops, neighborhood meetings, and individual homesite visits to help educate homeowners and provide additional guidance & support.

5. Broader environment impact from removing vegetation in Zone Zero (EIR?) The environmental impact of a Wildland-Urban Interface (WUI) fire is tremendous. The National Institute for Health states that WUI fire emissions have disproportionately large impacts on global air quality and human health. Removing vegetation around a small area of a home to create a safe zone of defensible space against showering embers does not compare. This is especially true given the abundance of vegetation 5ft and beyond in the Berkeley Hills. Work within 30’ (and up to 100’) is categorically exempt from Environmental review if conducted for the purposes of wildfire risk reduction.

6. The City should FIRST focus on Eucalyptus Removal in Tilden Regional Park
Managing and thinning Eucalyptus groves is part of the solution, but it is not the solution. Why? Look at the Los Angeles fires and Lahaina fire. Both these fires burned in grass and shrubs but quickly spread to structures. Look at the Balch Springs Fire video from Texas – this fire spread in low grass. Fuel management beyond the immediate areas around structures accounts for just 20% of the ignition risk. Said another way, 80% of the risk of structural ignition is posed by the fuels within 30 feet of homes (Brinkman et al. 2022).

As a thought experiment, imagine if all Eucalyptus were removed, and native grasses and shrubs returned. Berkeley would still be a fire prone landscape with vegetative fuels that are capable of carrying fire quickly to the edge of the community and causing structural ignition.

7. The City should FIRST focus on PGE Undergrounding Power Lines Yes, this should be part of the solution but it is not the solution. Similarly, to the wholesale removal of Eucalyptus, Berkeley is in a fire prone landscape. Fire ran through this land frequently pre-European settlement, pre-PGE. The most effective way to reduce the risk of structural ignition, no matter the source, is to implement defensible space, inclusive of Zone 0, and harden your home.

8. Enforcement Timeline, Violations and Fines are too Aggressive The City and Fire Department have always taken an education first approach. This is demonstrated by its performance over the next three years and the extremely small

Page 16 of 22 ends

Page 946 ends

Internal
EMBER Implementation Plan + Veg Management Committee + Clarifying Code ACTION CALENDAR June 17, 2025

Page 17 ends

number of citations issued when compared to total inspections and total violations discovered:
 21,000 inspections completed
 9,000 violations identified
 Fewer than 70 citations issued (0.8% of violations, 0.3% of inspections) 
When EMBER is enacted the Fire Department is going to pivot all its resources to engage and support the Grizzly Peak and Panoramic Neighborhoods and employ the same education first approach. The understands that it is much more effective to build a coalition of the willing and uses citations only as a last resort.

The new Zone Zero would be effective January of 2026, however defensible space inspections wouldn’t begin until May of 2026. This gives residents about a year from adoption (anticipated June 2025) to inspections (start May 2026) to create Zone Zero.

Then, after inspections begin in May of 2026, the inspection cycle would provide another ten weeks before the process would result in citations.

The department has a general policy of citing at the lowest possible level when that becomes necessary. This starts at a $100 citation for the first month (cumulative, not daily). Fines can increase sharply if required based on the severity of the violation if deemed prudent by the inspecting official, or if properties remain non-compliant. This has not yet occurred in our inspection process.

Big picture on enforcement: The Fire Department’s goal is voluntary compliance, not penalization. Enforcement steps (citations, fines, abatement, etc.) are tools to ensure everyone follows the rules that keep our community safe. In public statements, fire officials have repeatedly emphasized that they intend to roll out these requirements with an emphasis on education, outreach, and phased compliance. Indeed, the City is phasing the Zone 0 requirement to start with two specific high-risk neighborhoods (the Panoramic Hill area and the Grizzly Peak/Wildcat Canyon interface) with a lead time for residents of almost a year. This shows a measured approach, not a “gotcha” approach.

Homeowners will receive inspection reports identifying what needs correction, group and 1:1 coaching from the department and will have the opportunity to fix issues before any penalties. Fines or other enforcement actions only come if a homeowner persistently neglects to address the hazards. And even then, the fines are there because an unchecked fire hazard at one property puts the whole neighborhood at risk.

It’s comparable to health codes or building codes – if someone refuses to fix an imminent hazard, eventually authorities must step in for the greater good.

9. If I do all this work, will I keep my home insurance? Thousands of policy holders in the Berkeley Hills have already been hit with substantial rate increases or notices of non-renewal. EMBER is aligned with regulations issued by the
California Department of Insurance (CDI) and the Institute of Business and Home Safety (IBHS) Wildfire Prepared Home Checklist. While conducting this work on and

Page 17 of 22 ends

Page 947 ends

Internal
EMBER Implementation Plan + Veg Management Committee + Clarifying Code ACTION CALENDAR June 17, 2025

Page 18 ends

around your home does not guarantee insurance, or premium discounts, they are much more likely to occur when a home has adopted these protective measures. In many cases, this might be a larger reduction in one year’s insurance than the cost of doing the vegetation work.

Note that
State Farm’s website lists discounts for wildfire mitigation on the community level and property level. One Berkeley homeowner received a -29.4% adjustment after implementing Zone Zero.

10. Do I have to remove my fence?
No, you will not be required to remove or replace any fence that runs parallel to structures.

Fences that connect to a structure must have only the first five feet removed and/or replaced with a non-combustible
Why? Fences are connective fuels that act like a wick and move fire from one structure to another. See the Balch Springs video here for a perfect example or the pictures below from the Camp Fire in California.

The best practice based on volumes of scientific research, observed fire behavior over decades and after-action reports is that any fence within 5-feet of a structure should be moved to beyond that zone or replaced with a non-combustible alternative. However, this will not be required in EMBER.

11. Does EMBER require that I replace my roof?
EMBER does not require replacing your roof. For those residents that still have a wood shake roof, we know that these are one of the biggest contributors of additional structural ignitions during a wildfire and thus we strongly encourage replacement with a Class-A Fire Resistant Roof. However, EMBER does not require this.

12. Does EMBER require that I replace my deck?

Page 18 of 22 ends

Page 948 ends

Internal
EMBER Implementation Plan + Veg Management Committee + Clarifying Code ACTION CALENDAR June 17, 2025

Page 19 ends

EMBER does not require that you remove or replace your deck. Decks are considered part of your home. The area under decks must be maintained free of vegetative and non-vegetative combustible material and a Zone 0 must be maintained around decks and stairs. Once a wooden deck reaches the end of its useful life, it should be replaced with fire resistant materials.

13. Does EMBER require that I remove trees in Zone Zero? Trees can remain in Zone 0 as long as they are mature: This means they are taller than the structure, are maintained free of any dead and dying branches and that branches are maintained ten feet (10’) above the roof. No new trees may be planted in Zone 0.

14. Will I have a list of contractors to work with? Will I get guidance about how to do all this work?
Yes, the Berkeley Fire Safe Council (BFSC) has a list of reputable contractors who can create Zone Zero and do home hardening work and they are working towards increasing the numbers of contractors. The Fire Department will provide educational workshops to the contractors on Zone Zero and Home Hardening but cannot recommend contractors directly to residents.

15. Does EMBER include mandates for Home Hardening, or is it just about Zone Zero?
EMBER does not require residents to perform home hardening – it is focused on Zone Zero, and just in the two most vulnerable areas in the Berkeley Hills at this time, Grizzly Peak Mitigation Area and Panoramic Hill Mitigation Area.

Home Hardening is not mandated, but it is highly recommended. When Zone 0 and home hardening are done together – the risk of ignition will also substantially decrease.

This may qualify homeowners for insurance and/or insurance discounts – check with your broker.

16. Will Fire Protection Plan (FPP) be Required for All Parcels? The requirement is being misrepresented in public comments and is a long standing existing language. A Fire Protection Plan in the context of fire codes is a formal document that analyzes fire hazards and specifies mitigation measures for a given site or project. It is commonly required for new developments or construction in Wildland- Urban Interface (WUI) areas under the California Fire Code and building code. For example, California Code (CBC Chapter 7A / CFC Chapter 49) allows jurisdictions to require a Fire Protection Plan for new buildings in Very High Fire Hazard Severity Zones to ensure the design accounts for defensible space, ignition-resistant materials, water supply for firefighting, etc. Many Bay Area cities have adopted similar ordinance language. This is not a Berkeley invention – it’s a standard tool in WUI fire safety.

What Berkeley’s existing FPP language does is extend the use of FPPs to certain existing situations where they can be helpful. It does not mean every individual homeowner will be randomly ordered to write up a plan for their home. The Fire Department doesn’t have the bandwidth or desire to demand thousands of separate

Page 19 of 22 ends

Page 949 ends

Internal
EMBER Implementation Plan + Veg Management Committee + Clarifying Code ACTION CALENDAR June 17, 2025

Page 20 ends

Fire Protection Plan documents from each homeowner – nor is that necessary. Instead, the ordinance’s FPP provision is intended for special cases. For instance, if a property is unusually large, complex, or poses particular challenges, the Fire Code Official can require a customized Fire Protection Plan to ensure compliance. This could apply to, say: a large estate in the hills with multiple structures and extensive vegetation, or a situation where an owner is proposing an alternative method of compliance and needs to document it in a plan. Essentially, it’s a way to require a site-specific wildfire safety plan when the basic one-size-fits-all rules might not suffice.

17. Scientists Don’t Support Zone 0
There is an incredible amount of cherry-picking and miss-information that is being used by opponents of EMBER to elevate positions that are convenient to them – but not scientifically validated. It’s often difficult to determine what is science, and what is an opinion of a scientist; especially one with little to no experience in this field. Below is an email from one of the leading researchers on the issue, Dr. Michael J. Gollner, Ph.D., University of California, Berkeley Fire Lab:

Thanks for sharing this. A lot of information below, hopefully you can use this in discussion with neighbors and other residents.

I haven’t seen this letter, but I’ve been working in this field for 15 years and involved with what IBHS has been promoting to the committee, including organizing several letters of support, and know some committee members and the long history in this process. It’s a little disturbing reading this letter as it reminds me of expert witness work - they’ll selectively pick anything they can to promote their stance out of papers, ignoring those points that don’t support their views. They also completely tried to tear apart our new manuscript without actually understanding the issues. I ran into the same issues when testifying to Congress, this appears to be a very political interpretation of the literature.

First, it’s important to understand the scientific role of defensible space and home hardening. Homes can be exposed to large radiant heating from the wildfire itself or neighboring structures burning, direct flame contact from small flames adjacent to the structure, and flying embers that land and ignite new fires. The concept of protecting structures is to create a defensible space around the home that reduces exposure from the FIRE (both radiant and direct flame contact) to the home, and to make the outside “shell” of the home itself resistant to EMBERS and small flames. Defensible space therefore must accomplish moving flammable materials that can result in flames away from the structure. Hardening incorporates finer mesh over vents to prevent ember intrusion as well as fire resistant materials (and construction methods) to prevent embers from igniting outside materials. The issue is that even small flames, 1 foot tall can penetrate building materials that otherwise are fire resistant if left long enough. Heat fluxes from small sustained flames can far exceed ignition properties of most otherwise fire-resistant materials, therefore there is a need to support hardening on a home by moving any possible flames back some distance, preventing another “pathway” to ignition. The 5-foot zone "0" helps accomplish this.

Page 20 of 22 ends

Page 950 ends

Internal
EMBER Implementation Plan + Veg Management Committee + Clarifying Code ACTION CALENDAR June 17, 2025

Page 21 ends

Defensible space guidelines aren’t to create completely barren landscapes. Within 30 feet there is room for “islands” of vegetation and other materials, however the 5 feet within the home has been highlighted to be clear of any flammable materials to prevent the intrusion of sustained flames to structures. I know it's a broad stroke, saying to remove everything flammable, but to take an alternative path would be incredibly complicated and have a lot to do with what materials a structure is made with, what wind and direction it might come from, the location of neighbors, and more details than we can possibly specify and understand. Keeping this small area as a "safe zone" around the structure will help give any hardening applied a real chance to actually survive the onslaught and help prevent more destruction. Because many houses are located so close to one another your neighbor's house is also a potential source so protecting entire communities is critical.

It's hard to make a better visual than IBHS' full scale demonstrations: https://www.youtube.com/watch?v=AYvwogREEk4 We've been burning houses (7 now) on structure to structure experiments and we're learning a lot. I do believe the 5-foot zone is an integral part of the solution.

Regarding the criticism of our study (under revision in Nature Comm), what we did is really incorporate the interplay between variables using a machine learning method.

Most previous studies did not do this. It becomes apparent when we look at the end that you need BOTH defensible space and hardening to make a substantial difference in losses, but there is SOME reduction from either independently. Of course, home spacing is one of the most important, but we know this can't be changed. I think whoever wrote this letter has no idea what fire modeling is or what the different techniques used were doing, or purposefully avoided stating the facts. The moisture conditions were set to match weather conditions input from NOAA weather data, which is standard fire modeling practice, and we don't use the fire modeling to influence the structure loss information, we use the fire modeling as an input of EXPOSURE (fire and embers), missing from all previous studies. Most previous studies also looked at 30-foot defensible space, not 5 feet. We had access to high resolution imagery and Lidar that allowed us to look closer at 5 feet. It's not perfect, you'd need pre-fire on the ground studies, but there is a strong and clear relationship between zone 0 and reduced destruction, especially combined with home hardening. That also makes physical sense, we expect zone 0 to be most influential in reducing those local exposures and making hardening more effective.

I know Alexandra Syphard and her stance on the trees blocking embers. There is no field or test evidence for that anywhere. There is compelling evidence from investigations that local fuels that are connected leading to a structure help drive the fire to the structure and lead to ignition. I think all scientists agree you need flammable materials out of the 5-foot zone, they are debating on what is "flammable" and that sort of depends on whether you are talking about ignition from embers, a small fire creeping up, or a massive flame from a neighbor's house that lights your bush on fire that then lights your house on fire.

Sorry there is a lot of information here, but you are welcome to share this with neighbors. I don't like how clear cut it has to be, but I understand how difficult any

Page 21 of 22 ends

Page 951 ends

Internal
EMBER Implementation Plan + Veg Management Committee + Clarifying Code ACTION CALENDAR June 17, 2025

Page 22 ends

regulation in practice will be. A bush honestly is a bad idea - flammability, it's a lot of fuel if it dries out, litters, how is it maintained, etc. Mulch - we tested it, it is all pretty bad that close to a house. A little potted petunia, probably fine, but how to distinguish how large is not, or if the flower pot is flammable. Do we create a flower pot certification process? It's really hard. So, I support a straightforward plan that's going to lower risk in high risk areas.

Michael J. Gollner, Ph.D.

Associate Professor and Deb Faculty Fellow
Vice Chair for Graduate Studies
Department of Mechanical Engineering
University of California, Berkeley
http://firelab.berkeley.edu

Page 22 of 22 ends

Page 952 ends

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: https://berkeleyca.gov/

INFORMATION CALENDAR
June 17, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: Landmarks Preservation Ordinance Notice of Decision: 2845 Woolsey Street/#LMIN2025-0001

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 Section 3.24.160, 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 Landmarks Preservation Commission (LPC/Commission) has designated the subject property as a Structure of Merit. This action is subject to a 15-day appeal period that began on June 3, 2025.

BACKGROUND
BMC/LPO Section 3.24.190 allows the Council to review any action of the Commission in granting or denying Landmark, Structure of Merit, or Historic District status. For Council to review the decision on its merits, Council must appeal the Notice of Decision.

To do so, a Council member 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 June 17, 2025. 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 then rule 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.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Landmark designation provides opportunities for the preservation, rehabilitation and adaptive re-use of historic resources within the City. The rehabilitation of these

Page 1 of 37 ends

Page 953 ends

Notice of Decision: 2845 Woolsey Street/#LMIN2025-0001 INFORMATION CALENDAR June 17, 2025

Page 2 ends

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 certify or appeal the decision to grant designation status, setting the matter for public hearing at a future date.

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

CONTACT PERSON
Allison Riemer, AICP, Senior Planner, Planning and Development, 510-981-7433 Anne Hersch, Land Use Planning Manager, Planning and Development, 510-981-7410 Attachments:
1: Notice of Decision – #LMIN2025-0001/ 2845 Woolsey Street

Page 2 of 37 ends

Page 954 ends

Attachment 1, Part 1

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: April 3, 2025
DATE NOTICE MAILED: June 2, 2025
APPEAL PERIOD EXPIRATION: June 17, 2025
EFFECTIVE DATE (Barring Appeal or Certification): June 18, 20251 2845 Woolsey Street – Norton Family House
Landmark application #LMIN2024-0008 for the consideration of City Landmark or Structure of Merit designation status for a residential property constructed in 1908 (APN 052-1563-006-00).

The Landmarks Preservation Commission of the City of Berkeley, after conducting a public hearing, APPROVED the following designation:
 Structure of Merit designation
 Applicant: Caitlin Hibma
Left Coast Architectural History
P.O. Box 70415
Richmond, CA 94807
 Property Owner: Michael Pearson
2169 Folsom Street M301
San Francisco, CA 94110
ZONING DISTRICT: Restricted Two-Family Residential District (R-2) 1 Pursuant to BMC Chapter 3.24, 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 Permit becomes effective the day after the certification deadline has passed.

Page 3 of 37 ends

Page 955 ends

LANDMARKS PRESERVATION COMMISSION

NOTICE OF DECISION
#LMIN2025-0001
2845 Woolsey Street
June 2, 2025

Page 2 of 4 ends

ENVIRONMENTAL REVIEW STATUS: Categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15061.(b)(3) Review for Exemptions.

The application materials for this project is available online at:
https://berkeleyca.gov/construction-development/land-use-development/zoning-projects or https://permits.cityofberkeley.info/CitizenAccess/Default.aspx

FINDINGS AND CONDITIONS OF APPROVAL AND APPLICATION MATERIALS ARE

ATTACHED TO THIS NOTICE
COMMISSION VOTE: 7-0-0-1 (Note: one vacancy)
YES: CRANDALL, ENCHILL, FINACOM, GREENE, MONTGOMERY, ORBUCH,

SCHWARTZ
NO: NONE
ABSTAIN: NONE
ABSENT: PLESE
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. 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. 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 $1,500. This fee may be reduced to $500 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. Signatures collected per the filing requirement in BMC Section 3.24.300.A may be counted towards qualifying for the reduced fee, so long as the signers are qualified. The individual filing the appeal must clearly denote which signatures are to be counted towards qualifying for the reduced fee.

Page 4 of 37 ends

Page 956 ends

LANDMARKS PRESERVATION COMMISSION

NOTICE OF DECISION
#LMIN2025-0001
2845 Woolsey Street
June 2, 2025

Page 3 of 4 ends

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 $6,000.

3. 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).

If no appeal is received, the landmark permit 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:

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 include 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

Page 5 of 37 ends

Page 957 ends

LANDMARKS PRESERVATION COMMISSION

NOTICE OF DECISION
#LMIN2025-0001
2845 Woolsey Street
June 2, 2025

Page 4 of 4 ends

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.

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 Commission Secretary at (510) 981-7410 or [email protected]. All project application materials may be viewed at the Permit Service Center (Zoning counter), 1947 Center Street, 3rd Fl., during regular business hours.

ATTACHMENTS:

1. Findings for Approval

2. Application Materials
ATTEST:

Anne Hersch, Secretary
Landmarks Preservation Commission
cc: City Clerk
Caitlin Hibma, Left Coast Architectural History, P.O. Box 70415, Richmond, CA 94807 Michael Pearson, 2169 Folsom Street M301, San Francisco, CA 94110

Page 6 of 37 ends

Page 958 ends

Attachment 1, Part 2
F i n d i n g s f o r D e s i g n a t i o n
APRIL 3, 2025
2845 Woolsey Street – Norton Family House
Landmark application #LMIN2025-0001 for the consideration of City Landmark or Structure of Merit designation status for a residential property constructed in 1908 (APN 052-1563-006-00)

PROJECT DESCRIPTION
Structure of Merit designation of the property at 2845 Woolsey Street.

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

1. Pursuant to Berkeley Municipal Code (BMC) Section 3.24.110(B)(2)(c) of the Landmarks Preservation Ordinance (LPO), the Landmarks Preservation Commission of the City of Berkeley (Commission) finds that the property at 2845 Woolsey Street meets the designation criterion for Structure of Merit because it is a good example of architectural design in the First Bay Tradition style. It also exemplifies one of the best surviving examples of the prominent Bay Area architecture firm Newsom & Newsom.

The house retains a sufficient degree of architectural features representative of its historical design including: plan, form, exterior materials, detailing, and fenestration pattern that represent distinctive aspects of First Bay Tradition architecture and the work of Newsom & Newsom.

FEATURES TO BE PRESERVED
This designation shall apply to the subject property and the following distinguishing features of the property shall be preserved, and missing features shall be restored to the extent possible:

Property
 Location at northwest corner of Woolsey Street and Claremont Avenue.  Cast stone (concrete) perimeter retaining wall.

Residence

Page 7 of 37 ends

Page 959 ends

FINDINGS for DESIGNATION 2845 Woolsey Street

Page 2 of 2 ends

 Large front setback at northeast corner of the lot.
 Two-story height.
 Hip roof with flared, overhanging eaves.
 Second story overhang with sloped profile.
 Wood architectural features expressing structure:
o Rafter tails;
o Molded rafter ends;
o Molded modillions beneath eaves.
 Wood architectural details:
o Wood trim at second story and cornice line;
o Exterior wood trim at windows.
 Original window openings on south, east, and elevations.  Original leaded-glass windows.
 Projecting bays and associated three-part window openings.  Wood planter boxes at second-story windows fronting Woolsey Street.

Page 8 of 37 ends

Berkeley City CouncilJune 17, 2025

Berkeley City Council
June 17, 2025