Berkeley City Council
November 10, 2025

Attachment 4
Summary of Proposed Fee Amendments

Code
Section Fee Description
Current
Fee
Proposed
Fee
or substantially modify a storage facility or other
area regulated by Chapter 50 where the
hazardous materials in use or storage exceed
the amounts listed in Table 105.5.22.

Exceptions:

1. Routine maintenance.

2. For repair work performed on an
emergency basis, application for permit shall
be made within two working days of
commencement of work.

Section
105.6.14
13 High-piled combustible storage. A construction
permit is required for the installation of or
modification to a structure with more than 500
square feet (46 m2), including aisles, for high-
piled combustible storage. Maintenance
performed in accordance with this code is not
considered to be a modification and does not
require a construction permit.

Fire Dept.

Review is
under a
building
permit.

Std. Bldg.
fees apply
Fire Dept.

Review is
under a
building
permit.

Std. Bldg.
fees apply
Section
105.6.15
14 Industrial ovens. A construction permit is
required for installation of industrial ovens
covered by Chapter 30.

Exceptions:

1. Routine maintenance.

2. For repair work performed on an emergency
basis, application for permit shall be made
within two working days of commencement
of work.
$500.00 $500.00
Section
105.6.16
15 LP-gas. A construction permit is required for
installation of or modification to an LP-gas
system. Maintenance performed in accordance
with this code is not considered to be a
modification and does not require a permit.
$500.00 $500.00
Section
105.6.17
16 Motor vehicle repair rooms and booths. A
construction permit is required to install or modify
a motor vehicle repair room or booth.

Maintenance performed in accordance with this
Fire Dept.

Review is
under a
building
permit.

Std. Bldg.

Fire Dept.

Review is
under a
building
permit.

Std. Bldg.

Attachment 4
Summary of Proposed Fee Amendments

Code
Section Fee Description
Current
Fee
Proposed
Fee
code is not considered to be a modification and
does not require a permit.
fees apply fees apply
Section
105.6.18
17 Plant extraction systems. A construction permit
is required for installation of or modification to
plant extraction systems. Maintenance performed
in accordance with this code is not considered to
be a modification and does not require a permit.

Fire Dept.

Review is
under a
building
permit.

Std. Bldg.
fees apply
Fire Dept.

Review is
under a
building
permit.

Std. Bldg.
fees apply
Section
105.6.19
18 Private fire hydrants. A construction permit is
required for the installation of or modification of
private fire hydrants. Maintenance performed in
accordance with this code is not considered to be
a modification and does not require a permit.

Hydrant(s) or hydrant
groups……………………………............................
$500.00
$500.00
Field Inspection
...................................................……… ................ $125.00
/qtr hour*
*minimum
$125.00
/qtr hour*
*minimum
Section
105.6.20
19 Smoke control or smoke exhaust systems.

Construction permits are required for installation
of or alteration to smoke control or smoke
exhaust systems. Maintenance performed in
accordance with this code is not considered to be
an alteration and does not require a permit.
$500.00
minimum
$500.00
minimum
Section
105.6.21
20 Solar photovoltaic power systems. A
construction permit is required to install or modify
solar photovoltaic power systems. Maintenance
performed in accordance with this code is not
considered to be a modification and does not
require a permit.

Fire Dept.

Review is
under a
building
permit.

Std. Bldg.
fees apply
Fire Dept.

Review is
under a
building
permit.

Std. Bldg.
fees apply
Section
105.6.22
21 Special event structure. A single construction
permit is required to erect and take down a
temporary special event structure.

Fire Dept.

Review is
under a
building
permit.

Fire Dept.

Review is
under a
building
permit.

Attachment 4
Summary of Proposed Fee Amendments

Code
Section Fee Description
Current
Fee
Proposed
Fee
Std. Bldg.
fees apply
Std. Bldg.
fees apply
Section
105.6.23
22 Spraying or dipping. A construction permit is
required to install or modify a spray room, dip
tank or booth. Maintenance performed in
accordance with this code is not considered to be
a modification and does not require a permit.
$500.00 $500.00
Section
105.6.24
23 Standpipe Systems. A construction permit is
required for the installation, modification or
removal from service of a standpipe system.

Maintenance performed in accordance with this
code is not considered to be a modification and
does not require a permit.

A. Standpipe, Class I, II and III Combined.........
$500.00 $500.00
B. Underground ................................................. $500.00 $500.00 Field Inspection ..................................................... $125.00 /qtr hour,
minimum
$125.00
/qtr hour,
minimum
Section
105.6.25
24 Temporary membrane structures and tents. A
construction permit is required to erect an air-
supported temporary membrane structure, a
temporary stage canopy or a tent having an area
in excess of 400 square feet (37 m2)
Exceptions:

1. Tents used exclusively for recreational
camping purposes.

2. Funeral tents and curtains, or extensions
attached thereto, when used for funeral
services.

3. Tents and awnings open on all sides, which
comply with all of the following:

3.1 Individual tents shall have a maximum
size of 700 square feet (65 m2).
$500.00 $500.00

Attachment 4
Summary of Proposed Fee Amendments

Code
Section Fee Description
Current
Fee
Proposed
Fee

3.2 The aggregate area of multiple tents
placed side by side without a fire break
clearance of not less than 12 feet (3658
mm) shall not exceed 700 square feet (65
m2) total.

3.3 A minimum clearance of 12 feet (3658
mm) to structures and other tents shall be
maintained.

Section
105.6.26
Window bars, operational constraints and
opening control devices. A construction permit
is required to install window bars or other
equipment which imposes operational constraints
and opening controls on exterior doors or
windows of any sleeping rooms below the fourth
floor in apartment houses, hotels, and motels.
$250.00 $250.00
Section 2. ANNUAL FIRE CLEARANCE
For every annual fire clearance certificate issued by the Berkeley Fire Department, a fee shall be paid in advance of issuance of such certificate (Berkeley Fire Code Section 107.2), to the Fire Department as follows:

Group Homes, institutions for children, certified family care homes, board and care facilities, and maternity homes
(each accommodating more than six persons, not including employees or relatives), and NOT classified as a
Community Care Facility as defined in the California Health & Safety Code (H&SC) section 1502, or as a Residential
Care Facility for the Elderly (H&SC 1569.2), or as a Child Day Care Facility (H&SC 1596.750).
$500.00 $500.00
Convalescent Hospitals, nursing homes, and homes for
the aged (each accommodating not more than six persons, not including employees or relatives) and NOT classified as a Community Care Facility as defined in the Calif. Health & Safety Code (H&SC) section 1502, or as a Residential Care Facility for the Elderly (H&SC 1569.2), or as a Child Day Care Facility (H&SC 1596.750).
$500.00 $500.00

Attachment 4
Summary of Proposed Fee Amendments

Convalescent Hospitals, nursing homes, and homes for
the aged (each accommodating not more than six persons
and less than 100, not including employees or relatives) and NOT classified as a Community Care Facility as defined in the Calif. Health & Safety Code (H&SC) section 1502, or as a Residential Care Facility for the Elderly (H&SC 1569.2), or as a Child Day Care Facility (H&SC 1596.750).
$750.00 $750.00
Convalescent Hospitals, nursing homes, and homes for
the aged (each accommodating 100 or more persons, not
including employees or relatives.
$1000.00 $1000.00
Hospitals $500.00
per hour
$500.00
per hour
Community Care Facilities as defined in the Calif. Health & Safety Code (H&SC) section 1502, Residential Care
Facility for the Elderly as defined in H&SC 1569.2, and Child Day Care Facilities (H&SC 1596.750).

Pre-inspection Fee (25 or fewer client capacity)
qtr. hour
minimum
$125.00
qtr. hour
minimum
$125.00
Pre-inspection Fee (26 or more client capacity)
[Ref. Calif. Health & Safety Code, section 13235(a)] states that the inspecting agency may charge “a fee equal to, but not exceeding the actual cost of the preinspection services.” $125.00 $125.00
Section 3. MISCELLANEOUS FEES
A. For copies of fire reports prepared by the Fire Department, a fee shall be paid in advance as follows:

1. Staff cost for file review and preparation of subpoena documents $ 6.00 qtr. hr.

2. Copy of each report $ 0.10 per pg.

B. State Requested Fire & Life Safety Review, Consultation, Inspection & Permit Clearances
$125.00
/qtr hr
C. General inspection and investigation fees

1. Fees for services rendered by the Fire Department for inspections of fire protection systems, re-inspections of citizen complaints with $125.00 /
qtr hr

Attachment 4
Summary of Proposed Fee Amendments

violations, nuisance inspections research, report preparation and file review services (except for subpoena documents, city records, publications and meeting tapes) ........................................................

2. Fire code consultation services for building development, construction and modifications and pre-permit application................ $500.00
per hour

3. Overtime fire & life safety inspection ................................................. $500.00 per hour
(2 hr min.)

4. After-hours call-back for fire & life safety inspection ......................... $500.00 per hour
(4 hr min.)

5. Accelerated plan review services (as-available, billed at 1.5x the standard hourly rate $500.00)........................................................... $750.00 per hour
D. Fire and Life Safety Investigations or Stand-by Services ....................... $500.00 minimum
E. Indoor Entertainment Inspection.............................................................

Subsequent inspections shall be billed at $125.00 per quarter hour $125.00
per initial
inspection
F. Fire Permit Application & Fire Permit Extension Fees ............................. Standard Building
Dept.

Fees
Apply
NOTE: All permits and inspection fees under this Resolution are based on average estimated staff and clerical time for applicable plan checking, research, field inspections, etc. Where a fee is indicated as a minimum, and where staff time exceeds one hour, an additional charge will be made at the rate of $125.00 per quarter hour.

Section 4. INSPECTION AND BILLING RATE

Attachment 4
Summary of Proposed Fee Amendments

That a rate of $125.00 per quarter hour (15 minutes) is hereby established as both the billing rate and the billing unit for a given Fire Prevention inspection of a property. A minimum charge of $125.00 will be made for each property inspected (e.g. each property and/or business address) with an additional charge for each additional quarter hour unit, or portion thereof.

Exception: Properties that have abated all fire code violations prior to the first re- inspection shall not be charged a fee for the re-inspection.

Section 5. DELINQUENCY CHARGE
That a delinquency charge of 20% may be imposed on each account that remains unpaid, sixty (60) days following the initial mailing of the bill.

Section 6. BILLING AND COLLECTION PROCEDURES
That the billing and collection procedures are to be done by the Finance Department and will allow the City to recover unpaid fees through all available remedies, including the lien process. That in the event of billing disputes, the Fire Chief or his designated representative may review and make recommendations for adjustments to the Finance Department.

NOTICE OF PUBLIC HEARING

BERKELEY CITY COUNCIL

ADOPTION OF AMENDED FIRE PERMIT AND INSPECTION FEE

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

The Department of Fire and Emergency Services is proposing the amending and adoption of the fire permit and inspection fee schedule as follows:

A. Re-numbered and reorganized sub-sections under 105.5 and 105.6 to reflect changes in the 2025 California Fire Code.
a. 105.5.27 through 105.5.65, operational permits
b. 105.6.2 through 105.6.25, construction permits
B. Updated section references in the permit fee language to reflect changes in the 2025 California Fire Code.
a. 105.5.1 Additive Manufacturing (§320.3 to §4106.3)
C. Amended text in the permit fee language to reflect the 2025 California Fire Code language.
a. 105.5.14 Energy Storage Systems
b. 105.5.40 Outdoor Assembly Event
c. 105.5.51 Temporary Membrane Structures, Special Event Structures and Tents
d. 105.6.1 Automatic Fire-Extinguishing Systems
e. 105.6.22 Special Event Structure
D. Established new fees to reflect the new permits in the 2025 California Fire Code and established a minimum fee of $125.00, which is the lowest fee charged in the fire fee schedule.
a. 105.5.26 Indoor Plant Cultivation
b. 105.5.34 Mobile Food Preparation Vehicles
c. 105.5.55 Temporary heating or cooking in tents or membrane structures d. 105.5.56 Temporary heating or cooking in wildfire risk areas e. 105.5.57 Temporary heating for construction sites
E. Divided the former Automatic Fire-Extinguishing Systems fee into two fees:
§105.6.1 Automatic Fire-Extinguishing Systems and §105.6.2 Automatic Sprinkler Systems, which reflect changes in the 2025 California Fire Code. No new fees were created.

F. Rescinded §105.6.25 Fire Fighter Air Replenishment System (FARS) construction permit since the Berkeley Fire Code is no longer adopting Appendix L, Requirements for Firefighter Air Replenishment Systems, in the 2025

California Fire Code. Appendix L was not adopted by the Office of the State Fire Marshal.

G. There are no proposed fee changes in Sections 2, 3, 4, 5, or 6.

The hearing will be held on, November 10, 2025, at 6:00 P.M. in the School District Board Room, located at 1231 Addison Street, Berkeley CA 94702.

A copy of the agenda material for this hearing will be available on the City’s website at https://berkeleyca.gov/ as of October 23, 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.

For further information, please contact Fire Marshal Drew Whyte at 510-981-5584.

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.

Published: October 24, 2025 and October 3 1, 2025 - The Berkeley Voice Published pursuant to Government Code 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 October 23, 2025.
__________________________________
Mark Numainville, City Clerk

Office of the City Manager

ACTION CALENDAR
November 10, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: David Sprague, Fire Chief
Subject: Adoption of and Amendments to the California Wildland-Urban Interface (WUI) Code

RECOMMENDATION

1. Adopt the first reading of an Ordinance creating a new Berkeley Municipal Code Chapter 19.49 and adopting the 2025 California Wildland-Urban Interface (WUI) Code, Title 24 Part 7, along with local amendments.

2. Adopt a Resolution (Attachment 2) setting forth findings of local climatic, geological, and topographical conditions that require more stringent standards than those in the State Code.

3. In compliance with state law on adopting such codes by reference, hold a public hearing following the first reading, and before the second reading, and schedule the second reading and public hearing for December 2, 2025.

FISCAL IMPACTS OF RECOMMENDATION
Implementation will require the purchase of code books and staff time to update inspection software, forms, training, and public-facing materials. No additional funding is currently required.

CURRENT SITUATION AND ITS EFFECTS
First, the State of California has consolidated wildfire safety standards into a new, stand-alone Wildland-Urban Interface Code, effective January 1, 2026. Local governments must adopt this code by reference and may adopt stricter amendments where local conditions warrant. This action pulls all WUI code provisions out of the Berkeley Fire Code and places them in a new separate Chapter within the Berkeley Municipal Code.

Second, on June 17, 2025, the City Council referred to the City Manager a request 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

Modification and Adoption of Berkeley Fire Code Local Amendments ACTION CALENDAR November 10, 2025

conditions, and incorporates the best available fire science; then return with additional amendments to the City Council before December 31, 2025.

Staff convened the Wildland Urban Interface Vegetation Code Workgroup (WUI Workgroup) inclusive of Eric Weaver, Richard Illgen, Margit Roos-Collins and George Perez-Velez who have met weekly beginning August 20, 2025. Their commitment and willingness to engage in robust discussion has resulted in substantial enhancements to the previously adopted code language including:
 Clarification that mature trees are permitted in Zone 0 (Section 604.3.2 (1) (b))  Clarification regarding “Continuous Tree Canopy” (Section 604.3.1 (7) (e))  Made substantial enhancements and simplifications to language within the sections that outline the requirements for Zone 0, Zone 1 and Zone 2 (Section 604.3.1 and 604.3.2).
 Provided clarification around annual vegetation in Zone 1, such as vegetable gardens, seasonal wildflowers, etc.
 Staff continue to work with the WUI Workgroup to create a process by which property owners can demonstrate alternate means they have pursued, or alternate measures they have identified, that meet or exceed the intent of the code by achieving the same practical effect of the fire code. This Wildfire Alternate Means and Measures process would allow for unique conditions on a given property that cannot be captured by a general code applied to the region.

Additionally, this workgroup provides an excellent resource to help build a resident guide to assist property owners in navigating the new requirements while following best practices for preventing invasive vegetative species, maintaining residential character, and other supportive actions. Staff will continue to meet weekly with this group through the original timeline.

Third, staff removed the local amendment language regarding misdemeanors from the new California Wildland-Urban Interface Code.
o Note: This section remains in the Berkeley Fire Code and serves as an important enforcement tool for the City of Berkeley to address persistent life safety violations. It is intended for use only in the most severe circumstances, when a property owner or business owner has created or allowed a condition that poses a significant threat to life safety for themselves, their occupants, or the surrounding community. This provision is exercised only after multiple documented attempts by Fire Department staff to achieve voluntary compliance have been unsuccessful and all other reasonable avenues for correction have been exhausted.

Modification and Adoption of Berkeley Fire Code Local Amendments ACTION CALENDAR November 10, 2025

Fourth, Staff has created a new tool that residents can use to visualize the Fire Hazard Severity Zones and Mitigation Areas, by adding a new section to the City’s Community GIS Portal titled “Fire and Emergency Services” which includes the following layers:
 Local Fire History
 Local Fire Pathways
 Very High Fire Hazard Severity Zone
 High Fire Hazard Severity Zone
 Grizzly Peak Mitigation Area
 Panoramic Mitigation Area
 Evacuation Zones
Finally, Staff re-built www.berkeleyfiresafe.org so a visitor can now enter their address using a tool on the site and understand what Fire Hazard Severity Zone or Mitigation Area the property is within and view customized information (based on location) for Personal Preparedness, Defensible Space Requirements, and Home Hardening.

BACKGROUND AND DISCUSSION
The new California Wildland-Urban Interface Code consolidates WUI requirements formerly spread across Chapter 7A of the California Building Code and Chapter 49 of the Fire Code.

Berkeley’s climate, vegetation, and topography create an extreme wildfire risk, as evidenced by regional fire history and the identification by CalFIRE of certain portions of the City to be Very High and High Fire Hazard Severity Zones. Local amendments are necessary to reduce the chance of wildfire spreading into neighborhoods and transitioning to structure-to-structure conflagration.

Berkeley has a history of devastating fires, and the City Council declared wildfire safety a priority in 2019. The community validated this priority by passing Measure FF in 2020 which funds a variety of wildfire risk reduction measures, and the Council adopted Zone 0 (the EMBER resistant zone) into the City’s Fire Code on June 17, 2025.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Preventing wildfires from spreading into urban areas reduces greenhouse gas emissions, toxic smoke, and contaminated runoff. Adoption of stricter WUI standards also improves community resilience, protects public health, and reduces future rebuilding emissions.

Modification and Adoption of Berkeley Fire Code Local Amendments ACTION CALENDAR November 10, 2025

RATIONALE FOR RECOMMENDATION
Adopting the California Wildland-Urban Interface Code with local amendments provides Berkeley with protections tailored to local conditions. These actions align city code with best practices, reduce risk of loss of life and property, and ensure compliance with state law.

Substantially similar defensible space provisions adopted by Council on June 17, 2025 were determined to be statutorily exempt from CEQA pursuant to Public Resources Code 21080.49(c) because the ordinance was a project consisting of establishment or enhancement of residential home hardening or defensible space for wildfire risk reduction within 200 feet of a legal structure. The amendments proposed in this item, as well as adoption of the California Wildland-Urban Interface Code along with other local amendments, is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that adoption of this ordinance will not have a significant effect on the environment.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
David Sprague, Fire Chief, 510-981-3473
Attachments:
1: Ordinance – Adding Section 19.49 of the Berkeley Municipal Code (California Wildland-Urban Interface Code)
2: Resolution - Adopting Findings as to Local Climatic, Geological and Topographical Conditions Rendering Reasonably Necessary Various Enumerated Local WUI Interface Code Standards That Are More Stringent Than Those Mandated by The California Wildland-Urban Interface Code.

ORDINANCE NO. –N.S.

ADOPTION OF THE 2025 CALIFORNIA WILDLAND-URBAN INTERFACE CODE AND CONSOLIDATING BERKELEY’S WILDLAND URBAN INTERFACE (WUI) FIRE CODES INTO A NEW BERKELEY MUNICIPAL CODE CHAPTER 19.49, AND REMOVING

PREVIOUS WUI CODE REFERENCES FROM BERKELEY BUILDING CODE (BMC CHAPTER 19.28), BERKELEY RESIDENTIAL CODE (BMC CHAPTER 19.29) AND THE BERKELEY FIRE CODE (BMC CHAPTER 19.48)
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code Chapter 19.49 is hereby introduced:

Chapter 19.49

BERKELEY WILDLAND-URBAN INTERFACE CODE
Sections:

19.49.010 Adoption of the California Wildland-Urban Interface Code Article 1. Scope and Administrative Provisions

19.49.020 Adoption of Chapter 1 Scope and Administration Article 2. Definitions

19.49.030 Amendments to Chapter 2 Definitions
Article 3. Wildland-Urban Interface Areas

19.49.040 Amendments to Chapter 3 Wildland-Urban Interface Areas Article 4. Wildland-Urban Interface Area Requirements

19.49.050 Amendments to Chapter 4 Wildland-Urban Interface Area Requirements
Article 5. Special Building Construction Regulations

19.49.060 Technical Amendments to Chapter 5 Special Building Construction Regulations
Article 6. Fire Protection Requirements

19.49.070 Amendments to Chapter 6 Fire Protection Requirements Including Defensible Space regulations
Article 7. Referenced Standards

19.49.080 Amendments to Chapter 7 Referenced Standards Article 8. General Requirements

19.49.090 Adoption of Appendix A with amendments

19.49.010 Adoption of the California Wildland-Urban Interface Code.

The California Wildland-Urban Interface Code, 2025 edition, as adopted in Title 24 Part 7 of the California Code of Regulations, including Appendix A is hereby adopted and made a part of this Chapter as though fully set forth herein, subject to the modifications thereto which are set forth in this Chapter. One copy of this Code is on file in the office of the City Clerk of the City of Berkeley (“City”).

Article 1. Scope and Administrative Provisions

19.28.020 Adoption of Chapter 1 Scope and Administration Chapter 1 of the 2025 California Wildland-Urban Interface Code is partially adopted with adopted sections below. (Sections adopted by the State Fire Marshal remain unless modified below.)
CHAPTER 1 SCOPE AND ADMINISTRATION
SECTION 101 – SCOPE AND GENERAL REQUIREMENTS
101.1 Title. These regulations shall be known as the California Berkeley Wildland-Urban Interface Code of [NAME OF JURISDICTION], hereinafter referred to as “this code”. 101.3.1 Application. New buildings and structures, additions, alterations, repairs and re- roofs located in any Fire Hazard Severity Zone or Wildland-Urban Interface (WUI) Fire Area designated by the enforcing agency constructed after the application date shall comply with the provisions of this code. This shall include all new buildings and structures, additions, alterations, repairs and re-roofs with residential, commercial, educational, institutional or similar occupancy type uses, which shall be referred to in this code as “applicable buildings,” as well as new buildings and structures, additions, alterations, repairs and re-roofs accessory to those applicable buildings.

Exceptions:

1. Group U occupancy accessory buildings or structures of any size located at least 50 feet (15 240 mm) from an applicable building on the same lot.

2. Group U occupancy agricultural buildings or structures, as defined in Section 202 of the California Building Code of any size located at least 50 feet (15 240 mm) from an applicable building.

3. Group C occupancy special buildings or structures conforming to the limitations specified in Section 450.4.1 of the California Building Code.

4. New accessory buildings and miscellaneous structures specified in Section 504.11 shall comply only with the requirements of that section.

5. Additions to and remodels of buildings originally constructed prior to July 1, 2008.

101.3.1.1 Application date and where required. New buildings or structures for which an application for a building permit is submitted on or after July 1, 2008, or buildings and structures, additions, alterations, repairs and re-roofs for which an application for a building permit is submitted on or after July 1, 2008 located in any Fire Hazard Severity Zone or Wildland-Urban Interface Area shall comply with this code, including all land designated as a wildland-urban interface area by the City of Berkeley. of the following areas:

All unincorporated lands designated by the State Board of Forestry and Fire Protection as State Responsibility Area (SRA) including:

Moderate Fire Hazard Severity Zones.

High Fire Hazard Severity Zones.

Very High Fire Hazard Severity Zones.

Land designated as a Very High Fire Hazard Severity Zone by cities and other local agencies.

Land designated as a wildland-urban interface area by cities and other local agencies.

Exceptions:

1. New buildings located in any Fire Hazard Severity Zone within a State Responsibility Area, for which an application for a building permit is submitted on or after January 1, 2008, shall comply with this code.

2. New buildings located in any Fire Hazard Severity Zone within a State Responsibility Area or any wildland-urban interface area designated by cities and other local agencies for which an application for a building permit is submitted on or after December 1, 2005, but prior to July 1, 2008, shall only comply with the following sections of this chapter:

2.1. Section 507 – Replacement or Repair of Roof Coverings.

2.2. Section 504.10 – Vents.
101.5 Additions, or alterations or re-roofs. Additions, or alterations or re-roofs shall be permitted to be made to any building or structure without requiring the existing building or structure to comply with all of the requirements of this code, provided that the additions, or alterations or re-roofs conforms to that required for a new building or structure.

Exception: Provisions of this code that specifically apply to existing conditions are retroactive.

Additions, or alterations or re-roofs shall not be made to an existing building or structure that will cause the existing building or structure to be in violation of any of the provisions of this code nor shall such additions or alterations cause the existing building or structure to become unsafe. An unsafe condition shall be deemed to have been created if an addition, or alteration or re-roof will cause the existing building or structure to become structurally unsafe or overloaded; will not provide adequate access in compliance with the provisions of this code or will obstruct existing exits or access; will create a fire hazard;

will reduce required fire resistance or will otherwise create conditions dangerous to human life.
102.4.1 Conflicts. Where conflicts occur between provisions of this code and the referenced standards, the provisions of the most restrictive referenced standards this code shall govern.
102.4.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of the referenced code or standard this code, as applicable, shall take precedence over the provisions in this code the referenced standard.

SECTION 103 – CODE COMPLIANCE AGENCY
103.1 Creation of enforcement agency. The Berkeley Fire Department [INSERT NAME OF DEPARTMENT] is hereby created and the official in charge thereof shall be known as the Fire Chief. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code.
103.2 Appointment. The Fire Chief shall be appointed by the chief appointing authority of the jurisdiction City Manager and confirmed by City Council pursuant to Berkeley Charter, Section 28(b) of Article VII.
103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction the City of Berkeley, and with the concurrence of the appointing authority the Fire Chief, hereinafter referred to as the code official, shall have the authority to appoint a dDeputy Fire Chief, Fire Marshal, Fire Plans Examiners and other related technical officers, inspectors and other employees. Such employees shall have powers as delegated by the code official. For purposes of this code, the term “code official” shall also include their designees.

SECTION 104 – DUTIES AND POWERS OF CODE OFFICIAL
104.7 Official records. The code official shall keep official records as required by Sections 104.7.1 through 104.7.5. Such official records shall be retained for not less than 5 years or for as long as the building, structure or activity to which such records relate remains in existence, unless otherwise provided by other regulations required for a longer period by the retention of public record policy of the city. 104.7.2 Inspections. The code official shall keep a record of each inspection made, including notices of violations issued, notices and orders issued, administrative citation
warning letters issued, citations issued and appeals received showing the findings and disposition of each.
104.7.5 Fees. The code official shall keep a record of invoices issued, fees collected and fees refunded in accordance with Section 108.

104.9.1 Materials and equipment reuse. Materials, equipment and devices shall not be reused unless such elements are in good working order with proper reports and tests justifying the condition, labeled and graded as required and expressly approved by the code official.
104.14 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 code official in accordance with Section 104.14.1 (“Expense of securing emergencies”) of this code.

Section 104.14.1 Expense of securing emergencies. The expense of securing any emergency that is within the responsibility for enforcement of the code official as given in Sections 104.1 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 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, eguipment and personnel committed and any payments reguired by the public agency to outside business firms requested by the public agency to secure the emergency, monitor remediation, and clean up.

SECTION 105 – PERMITS
105.3 Work exempt from permit. Exemption from the permit requirements of this code or in other Parts of Title 24 shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.

The code official is authorized to stipulate conditions for permits. Permits shall not be issued where public safety would be at risk, as determined by the code official. 105.4 Permit Application. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the code enforcement agency City for that purpose. Such application shall not become valid until accepted by the City as complete and appropriate fees paid. Every such application shall:

1. Identify and describe the work, activity, operation, practice or function to be covered by the permit for which application is made.

2. Describe the land on which the proposed work, activity, operation, practice or function is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building, work, activity, operation, practice or function.

3. Indicate the use or occupancy for which the proposed work, activity, operation, practice or function is intended.

4. Be accompanied by plans, diagrams, computation and specifications and other data as required in Section 106 of this code or in other Parts of Title 24.

5. State the valuation of any new building or structure or any addition, remodeling, or alteration or re-roof to an existing building.

6. Be signed by the applicant or the applicant’s authorized agent.

7. 6. Give such other data and information as required by the code official. 105.4.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 365 days after the date of filing, unless it can be demonstrated by the applicant that such application has been pursued in good faith or a permit has been issued; except that the code official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each per extension. The extension shall be requested in writing and justifiable cause demonstrated on a form furnished by the Building and Safety Division for that purpose.

Requests for time extensions shall be accompanied by the payment of a fee set by resolution of the City Council. An application, once abandoned, shall be deemed expired and a new application will be required to be submitted.

Exception. If an application is associated with a code enforcement case, the dates specified in the code enforcement notices take precedence over the timelines specified in this section.
105.6.1 Refusal to issue a permit. Where the application or construction documents do not conform to the requirements of pertinent laws or when public safety would be at risk, the code official shall reject such application in writing, stating the reasons therefor. 105.8 Expiration of Permit. On or after January 1, 2019, every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 12 months after its issuance or if the work authorized on the site by such permit is suspended or abandoned for a period of 12 months after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. (See Health and Safety Code Section 18938.5 and 18938.6.)
The extension shall be requested in writing and justifiable cause demonstrated on a form furnished by the Building and Safety Division for that purpose. Requests for time extensions shall be accompanied by the payment of a fee set by resolution of the City Council.

The issuance of a building permit shall not excuse the permittee or any other person from compliance with deadlines imposed in any notice and/or order to correct a code violation issued by the City. If a permit is for a project associated with a code enforcement case, the dates specified in the code enforcement notices take precedence over the timelines specified in this section.

When a permit is deemed expired and a new permit is required to complete the work, a new permit application and plans shall be filed describing the remaining work to be done.

Fees shall be assessed based on the valuation of the work remaining to be completed or itemized as allowed by adopted fee schedule. If a site visit or other review is required to determine the extent of the remaining work, a fee may be charged to make such determination.

For the purposes of this section “suspended or abandoned for a period of 12 months after the time the work is commenced” shall mean that no activity or progress has been made on site for the work approved under the issued permit in the time period the permit is active and a completed and approved city inspection, per Section 109.1 of this code and/or California Building Code Section 110.3, has not been acquired. 106.2 Information on plans and specifications. Plans and specifications shall be drawn to scale on substantial paper or cloth and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed, and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations.
106.4 Vegetation management compliance. Prior to the building permit final approval, the property shall be in compliance with the vegetation management requirements prescribed in Section 603, including California Public Resources Code 4291 or California Government Code Section 51182, and Section 302.3. Acceptable methods of compliance inspection and documentation shall be determined by the enforcing agency and shall be permitted to include any of the following:

1. Local, state or federal fire authority or designee authorized to enforce vegetation management requirements.

2. Enforcing agency Berkeley Fire Department inspection and/or vegetation management plan submittal, review, and approval.

3. Third-party inspection and certification authorized to enforce vegetation management requirements.

4. Property owner certification authorized by the enforcing agency Berkeley Fire Department.

5. Compliance with hazardous vegetation and fuel mitigation and home hardening requirements in Section 604.3.1 and Section 604.3.2.
106.5 Fire protection plan. Where required by the code official pursuant to Section 602, a fire protection plan shall be prepared and shall be submitted to the code official for review and approved as a part of the plans required for a permit. The Fire Protection Plan 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 as established by City Council resolution.
106.8 Retention of plans. One set of approved plans, specifications and computations shall be retained by the code official for a period of not less than 180 days 5 years from date of completion of the permitted work or as required by state or local laws or per the public records retention policy of the city, whichever is longer; and one set of approved plans and specifications shall be returned to the applicant, and said set shall be kept on

the site of the building, use or work at all times during which the work authorized thereby is in progress. Refer to Building Standards Law, Health and Safety Code Sections 19850 and 19851 for permanent retention of plans. 106.11 Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 365 days after the effective date of this code and has not been abandoned.

SECTION 108 – FEES
108.1 Payment of fees. Except when fees are deferred, a permit application shall not be deemed valid until the fees set forth by resolution of City Council have been paid. A permit shall not be valid until the fees prescribed by law as set forth by resolution of City Council have been paid. An amendment to a permit shall not be released until the additional fee, if any, has been paid.
108.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems, or alterations Wwhere a permit is required, a fee for each permit shall be paid as required, in accordance with the fee schedule as established by the applicable governing authority set forth by resolution of the City Council. Fees for permits and inspections and other related services under this code shall be assessed and paid as set forth by resolution of the City Council. Unless waived or deferred, as provided by local regulations, a plan review fee and other fees as specified in the resolution shall be paid at the time of submitting any documents for review and additional fees as specified in the resolution shall be paid at issuance of the permit.
108.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system 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 as set forth by resolution of the City Council to be twice the amount of the required fees to obtain a permit for that work, activity or operation regulated by this code. This is in addition to the permit fees for the portion of the scope of work performed without the permit.

SECTION 109—INSPECTION AND ENFORCEMENT
109.1.3.1 Re-inspection fees. A re-inspection fee, as set forth by resolution of the City Council, may be assessed for each re-inspection when such portion of work for which an inspection is scheduled is not complete, is required to be reinspected after receiving a previously approved inspection for the same work or when corrections previously called for are not made.

Re-inspection fees shall not be required each time a job is disapproved for failure to comply with the requirements of this Code. This section applies for the following reasons:

1. When the work is not ready for inspection when the inspector arrives at the site.

2. When excessive scheduling of inspections for work not yet completed at the site.

3. When the approved plans, permit and inspection card are not readily available to the inspector at the work site.

4. For failure to provide access on the date for which the inspection is requested.

5. When work deviates from the approved plans and no approved revision to approved plans has been obtained by the permittee.

6. When other reasons, as determined by the code official, requires a re-inspection fee to be assessed.

The applicant shall pay the re-inspection fee as set forth by resolution of the City Council.

In instances where re-inspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. 109.2.3 Corrective Actions. The code official is authorized to take enforcement actions as necessary to achieve compliance with this code, including but not limited those actions specified in Sections 109.3.7 (“Violation penalties”) and 109.3.5.5 (“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. 109.3.2 Compliance with tags. A building or premises shall not be used when in violation of this code as noted on a tag affixed in accordance with Section 109.3.1 109.3.5.3. 109.3.5 Unsafe conditions. Structures or existing equipment that are or hereafter become structurally or otherwise unsafe, insanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a structural or fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant structure that is not secured against unauthorized entry shall be deemed unsafe.

All such unsafe buildings, equipment, structures or appendages are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in Chapters 1.24, 19.28, 19.40 and/or 19.44 of the BMC as applicable. As an alternative, the building official, or other employee or official of this jurisdiction as designated by the City Council, may institute any other appropriate action to prevent, restrain, correct or abate the violation. 109.3.5.3 Safety Assessment Placards. Placarding. Upon failure of the owner, the owner’s authorized agent or the person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a placard bearing the word “UNSAFE” and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard. 109.3.5.3.1 Posting. The code official or designee shall post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment.

109.3.5.3.2 Application of provisions. The provisions of this section are applicable to all buildings and structures of all occupancies regulated by the City of Berkeley. The City Council may extend the provisions as necessary.
109.3.5.3.3 Safety Assessment. Safety Assessment is a visual, non-destructive examination of a building or structure for the purpose of determining the condition for continued occupancy.
109.3.5.3.4 Placards. This section establishes standard placards to be used to indicate the condition of a building or structure for occupancy after a natural or human-caused disaster and a rapid evaluation by authorized personnel.

Following are titles and descriptions of the official jurisdiction placards to be used to designate the condition of a building or structure for continued occupancy, partial or conditional occupancy, or unsafe to enter. Copies of placards are on file in the Building and Safety Division of the Planning and Development Department.

INSPECTED – Lawful Occupancy Permitted is to be posted on any building or structure wherein no apparent hazard has been found. This placard is not intended to mean there is no damage to the building or structure, but that any damage that occurred does not present a hazard to occupants.

RESTRICTED USE is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy.

The individual who posts this placard will note in general terms the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy.

UNSAFE – “Do Not Enter or Occupy” is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Building or structures posted with this placard shall not be entered under any circumstances except as authorized in writing by the building official, or the building official’s authorized representative. Safety assessment teams shall be authorized to enter these building at any time. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note in general terms the type of damage encountered. 109.3.5.3.5 Content of placard. The BMC Section number and the words "City of Berkeley" shall be permanently affixed to each placard. 109.3.5.3.6 Unlawful to remove. Once a placard has been attached to a building or structure, it is not to be removed, altered or covered until done so by an authorized representative of the code official. It shall be unlawful for any person, firm or corporation to alter, remove, cover or deface a placard unless authorized pursuant to this section. 109.3.5.3.17 Placard removal. The code official shall remove the unsafe condition placard whenever the defect or defects on which the unsafe condition and placarding action were based have been eliminated. Any person who defaces or removes a safety assessment an unsafe condition placard without the approval of the code official shall be subject to the penalties provided by this code.

109.3.5.5 Summary abatement. Where conditions exist that are deemed hazardous to life and property, the code official is authorized to abate or correct summarily such hazardous conditions that are in violation of this code, including fire nuisances. Where the owner does not comply with an abatement order under Section 109.3.5.2 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 109.3.5.4.1.
109.3.5.4.1 Abatement process. 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.
109.3.7 Violation penalties. Persons who shall violate a provision of this code or fail to comply with any of the requirements thereof or who shall erect, install, construct, alter, repair or do work for a building or structure in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the 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 imprison-ment. subject to penalties as prescribed by law.

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,” with the exception of section 112 (Means of Appeal) which supersedes these provisions. 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. 109.3.7.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish, or occupy, or utilitze any building, structure or equipment 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 create, maintain or allow to continue any fire hazard.
109.4 Restricted Entry of Wildland-Urban Interface Areas. The 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:

1. Residents and owners of private property within Wildland-Urban Interface areas and their invitees and quests 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.
109.5 Trespassing on Posted Property
109.5.1 General. When the code official determines that a specific area within a Wildland-Urban Interface Areas, as listed in Section 302.3, 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.
109.5.2 Signs. Approved signs prohibiting entry by unauthorized persons and referring to this section shall be placed on every closed area.
109.5.3 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 110—CERTIFICATE OF COMPLETION OCCUPANCY
110.1 General. A building, structure or premises shall not be used or occupied, and a change in the existing use or occupancy classification of a building, structure, premise or portion thereof shall not be made until the code official has issued a certificate of completion occupancy therefor as provided herein. The certificate of occupancy shall not be issued until the code official has determined that the project is in compliance with this code. The code official shall, upon completion of construction, provide the owner or applicant with a copy of the final inspection report that demonstrates the building was constructed in compliance with all applicable state and local building standards, including those for materials and construction methods for wildfire exposure as described in this code. Issuance of a certificate of occupancy by the local building official for the proposed building shall be considered to indicate compliance with this code. 110.2 Certificate of occupancy. Issuance of a certificate of occupancy is the responsibility of the local building official. The issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other pertinent laws and ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this code or other laws or ordinances of the jurisdiction shall not be valid.

Exceptions:

1. Certificates of occupancy are not required for work exempt from permits under Section 105.3.

2. Accessory structures.

110.3 Temporary occupancy. The code official, in agreement with the local building official, is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The code official shall set a time period during which the temporary certificate of occupancy is valid.
110.4 Revocation. The code official, in agreement with the local building official, is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error, on the basis of incorrect information supplied, or where it is determined that the building or structure, premise or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code.

SECTION 111 – SERVICE UTILITIES
111.1 Authority for cConnection of service utilities. A person shall not make connections from a utility, a source of energy, fuel, power, water system or sewer system to any building, structure or system that is regulated by this code for which a permit is required until authorized authorization to connect by the code official has been obtained.
111.1.2 Authority to connect utilities. Clearance for connection of one utility, either gas or electrical, will be withheld until final building, electrical, plumbing, and/or mechanical inspections are made and approval has been given for any new building or change in occupancy classification to an existing building for which connection to such utilities is sought, unless approval has been first obtained from the code official, as provided by a Temporary Certificate of Occupancy or Final Certificate of Occupancy. 111.3 Authority to disconnect service utilities in emergencies. The code official shall have the authority to authorize disconnection of utility service to disconnect electrical power or other energy service supplied to the a building, structure, or system or building service equipment therein regulated by this code and the referenced codes and standards in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without the approval required by Section 111.1 or 111.2. The code official shall notify the serving utility and, where possible, the owner or the owner’s authorized agent and the occupant of the building, structure, or service system or equipment of the decision to disconnect prior to taking such action. If not notified prior to disconnection, the owner, the owner’s authorized agent or the occupant of the building, structure, or service system or equipment shall be notified in writing as soon as practical thereafter.
111.4 Unsafe service utilities. Unsafe service utilities are hereby declared to be public nuisances and shall be abated, repaired, rehabilitated, demolished or removed in accordance with the procedures set forth in this code and/or per Chapter 19.40 of the Berkeley Municipal Code (BMC) for residential buildings and Berkeley Building Code for all other buildings, or any alternate procedure that may be adopted by the City of Berkeley.

In addition, the City Attorney may pursue other appropriate action to prevent, restrain, correct or abate the violation as provided for in the BMC. Remedies under this section are cumulative. When service utilities are maintained in violation of this Code and in

violation of a notice issued pursuant to the provisions of this section, the code official shall institute appropriate action to prevent, restrain, correct or abate the violation. 111.5 Authority to condemn electrical, plumbing and/or mechanical systems and equipment. Whenever the code official determines that an electrical, plumbing, or mechanical system or equipment regulated by this code is hazardous to life, health or property, the building official may order in writing that such systems or equipment either be removed or restored to a safe working condition. The written notice shall fix a reasonable time limit for compliance with such order. Persons shall not use or maintain defective systems or equipment after receiving such notice except as may be provided therein.

When equipment or an installation is to be disconnected, a written notice of such disconnection and the reasons therefore shall be given within 24-hours of the order to disconnect to the serving utility, the owner and occupants of the building, structure or premises.

When equipment or an installation is maintained in violation of this Code and in violation of a notice issued pursuant to the provisions of this section, the building official shall institute appropriate action to prevent, restrain, correct or abate the violation.

Unsafe electrical, plumbing, and/or mechanical systems or equipment are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in Chapter 19.40 of the BMC for residential buildings and Berkeley Building Code for all other buildings, or any alternate procedure adopted by the City of Berkeley. In addition, the City Attorney may pursue other appropriate action to prevent, restrain, correct or abate the violation as provided for in the BMC. Remedies under this section are cumulative.
111.6 Connection after order to disconnect. Persons shall not make connections to a service utility, a source of energy, fuel, or power, or a water system or sewer system or equipment that has been disconnected or ordered to be disconnected by the building official, or the use of which has been ordered to be discontinued by the code official, until the building official authorizes the reconnection and use of the disconnected service systems or equipment.

SECTION 112 – MEANS OF APPEALS
112.1 General 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. The City Council shall hear and decide on appeals of orders, decisions, or determinations made by the Fire Code Official relative to the application and interpretation of this code. A property owner may appeal an order, decision, or determination of the Fire Code Official within 10 calendar days of the date of mailing of the appealable action. The notice of appeal shall contain a statement of the reasons for the appeal and be filed with the City Clerk of the City of Berkeley. The City Clerk shall forward one copy thereof to the Fire Code Official, who shall transmit to the City Council all their records pertaining to the decision being appealed.

Section 112.1.1 Payment of Fees and Fines. Prior to the deadline to appeal, the property owner must pay the appeal fee, per the adopted fee schedule, in addition to an advance deposit of the fine or file an application for an advanced deposit hardship waiver. If the hardship waiver is not granted, the fine must be deposited to the City within 14 days of mailed notice of that decision. No hearing shall be scheduled prior to receipt of payment or approval of the hardship waiver.
112.1.2 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. 112.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equivalent or better form of construction is proposed. The board City Council shall not have authority to waive requirements of this code.
112.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training on matters pertaining to the provisions of this code 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:

Refer the matter back to the fire code official.

If the facts stated in, or ascertainable from 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.

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 appellant 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.

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.

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.

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.
112.4 Administration. The fire code official shall take action without delay in accordance with the decision of the board City Council.

Article 2. Definitions

19.49.030 Adoption of Chapter 2 Definitions
Chapter 2 of the 2025 California Wildland-Urban Interface Code is partially adopted with adopted sections below. (Sections adopted by the State Fire Marshal remain unless modified below.)
ACCESSORY STRUCTURE. A structure that is accessory to and incidental to that of the primary structure and that is located on the same lot. A building or structure used to shelter or support any material, equipment, chattel or occupancy other than a habitable building.

APPLICABLE BUILDING. A building or structure that has residential, commercial, educational, institutional or similar occupancy type use.

BERKELEY BUILDING STANDARDS CODE. The Berkeley Building Standards Code includes the most recently adopted Berkeley Building Code, Berkeley Residential Code, Berkeley Existing Building Code, Berkeley Historical Building Code, Berkeley Electrical Code, Berkeley Mechanical Code, Berkeley Plumbing Code, Berkeley Green Code, and Berkeley Energy Code.

BOLE OF A TREE. A bole of a tree is its main trunk, specifically the part extending from the roots up to the first branches and canopy.

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.

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, and locally amended and adopted under ordinance 7958 N.S.

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.” The map, approved by the Office of the State Fire Marshal, is hereby incorporated by reference and entitled “State Responsibility Area Fire Hazard Severity Zones,” dated September 29, 2023 April 1, 2024. The map is available at https://osfm.fire.ca.gov/fire-hazard-severity-zones.

In the City of Berkeley, the wildland-urban interface areas that include high and very high fire hazard severity zones are described in Section 302.3 of this code.

FIRE NUISANCE. Anything or act, which is annoying, unpleasant, offensive or obnoxious because of fire.

FIRE PROTECTION PLAN. A document prepared for a specific premises, project or development, either existing or proposed for the wildland-urban interface area. It describes ways to minimize and mitigate potential for loss from wildfire exposure.

FORBS. Forbs are herbaceous (non-woody) flowering plants that are not grasses, sedges, or rushes.

FUEL BREAK. (applicable to CCR, Title 14 provisions only). A strategically located area where the volume and arrangement of vegetation has been managed to limit fire intensity, fire severity, rate of spread, crown fire potential and/or ember production. [CCR Title 14§1270.01(n)].

IGNITION-RESISTANT BUILDING MATERIAL. A type of building material that resists ignition or sustained flaming combustion sufficiently so as to reduce losses from wildfire exposure of burning embers and small flames, and complies with the requirements of this code.

JURISDICTION. The City of Berkeley.

OUTBUILDING(S). (applicable to CCR, Title 14 provisions only). Any Bbuildings or structures that are less than 120 square feet (11.15 m2) in size and not used for human habitation. An “Outbuilding” is not a “Building” or “Structure” as defined herein. [CCR Title 14 §1299.02(c)]

WILDLAND-URBAN INTERFACE AREA (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, and other areas designated by the City enforcing agency to be at a significant risk from wildfires. For the City of Berkeley’s WUI areas see section 302.3.

Article 3. Wildland-Urban Interface Areas

19.49.040 Chapter 3 Wildland-Urban Interface Areas
Chapter 3 of the 2025 California Wildland-Urban Interface Code is partially adopted with adopted sections below. (Sections adopted by the State Fire Marshal remain unless modified below.)
302.3 WUI Areas in Berkeley. The High Fire Hazard Severity Zone, Very High Fire Hazard Severity Zone, Panoramic Mitigation Area, and Grizzly Peak Mitigation Area are designated as Wildland-Urban Interface Area (WUI) and are described as follows:
302.3.1 FLATLANDS AREA. The Flatlands Area encompasses the entire City of Berkeley except for areas in the High and Very High Fire Hazard Severity Zones, which includes the Panoramic Mitigation Area and Grizzly Peak Mitigation Area. 302.3.2 HIGH FIRE HAZARD SEVERITY ZONE. Encompasses those areas identified as High Fire Hazard Severity Zones, locally amended and designated by ordinance pursuant to California Government Code Sections 51176 through 51189. These areas are available on the City of Berkeley publicly accessible GIS map.

This area includes areas of the City 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 b. Fountain Walk from Marin Avenue to Sutter Street
c. Sutter Street from the southern portal of the Northbrae Tunnel to Eunice Street d. Eunice Street from Sutter Street to Spruce Street
e. Spruce Street from Eunice Street to Hearst Avenue
f. Hearst Avenue from Spruce Street to Gayley Road
g. Gayley Road from Hearst Avenue to Piedmont Avenue
h. Piedmont Avenue from Gayley Road to Bancroft Way
i. Piedmont Crescent from Piedmont Avenue to Warring Street j. Warring Street from Dwight Way to Derby Street
k. Derby Street from Warring Street to Belrose Avenue
l. Belrose Avenue from Derby Street to Garber Street

m. Claremont Boulevard from Garber Street to Claremont Avenue n. Claremont Avenue from Claremont Boulevard to the Oakland Border 302.3.5 VERY HIGH FIRE HAZARD SEVERITY ZONE. The Very High Fire Hazard Severity Zone encompasses those areas identified by CalFIRE as Very High Fire Hazard Severity Zones pursuant to California Government Code 51175-51189, locally amended and designated by ordinance. These areas are available on the City of Berkeley publicly accessible GIS map.

PANORAMIC MITIGATION AREA. The Panoramic Mitigation Area 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, by ordinance, 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. Centennial Drive from the Oakland border to Stadium Rim Way b. Stadium Rim Way from Centennial Drive to Canyon Road c. Canyon Road from Stadium Rim Way to Bancroft Way
d. Bancroft Way from Canyon Road to Bancroft Steps
e. Bancroft Steps from Bancroft Way to Bancroft Way
f. Bancroft Way from Bancroft Steps to Piedmont Avenue
g. Piedmont Avenue from Bancroft Way to Dwight Way
h. Dwight Way East from Piedmont Avenue to the eastern terminus of Dwight Way.
i. A straight line extending East from the terminus of Dwight Way to the Oakland border.

GRIZZLY PEAK MITIGATION AREA. The Grizzly Peak Mitigation Area encompasses those areas of the city east of Grizzly Peak Boulevard to the city boundary. 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, by ordinance, as a Very-High Fire Hazard Severity Zone. 302.4 Restrictions in Wildland-Urban Interface Areas. Code requirements in this code apply to the High Fire Hazard Severity Zone, Very High Fire Hazard Severity Zone, Panoramic Mitigation Area, and Grizzly Peak Mitigation Area.

Article 4. Wildland-Urban Interface Area Requirements

19.49.050 Chapter 4 Wildland-Urban Interface Area Requirements Chapter 4 of the 2025 California Wildland-Urban Interface Code is partially adopted with adopted sections below. (Sections adopted by the State Fire Marshal remain unless modified below.)
402.3 Existing conditions. Existing buildings shall be provided with address markers in accordance with Sections 403.2.4 and 403.2.5. Existing roads and fire protection equipment shall be provided with markings in accordance with Sections 403.4 403.2.2 and 403.2.3 404.8, respectively.

SECTION 403—ACCESS
USER NOTE: The standards in Section 403 applicable to roads shall not apply to roads used solely for agriculture; mining; or the management of timberland or harvesting of forest products. [CCR, Title 14 §1270.03(d)]
403.1 General. Roads and driveways, whether public or private, unless exempted under 14 CCR § 1270.03(d), shall provide for safe access for emergency wildfire equipment and civilian evacuation concurrently, and shall provide unobstructed traffic circulation during a wildfire emergency consistent 403.1.1 to 403.1.9. [CCR, Title 14 §1273.00]
Where conflicts occur between Section 403 – Access and the Berkeley Fire Code Appendix D – Fire Apparatus Access Roads, the provisions of the most restrictive code shall govern.
403.2.4 Addresses for Buildings.
(a) All Buildings shall be issued an address by the Local Jurisdiction City of Berkeley which conforms to that jurisdiction's the City’s overall address system. Utility and miscellaneous Group U Buildings are not required to have a separate address; however, each Residential Unit within a Building shall be separately identified. (b) The size of letters, numbers and symbols for addresses shall conform to the standards in the California Fire Building Code Section 502.1, California Code of Regulations Title 24, Part 9.
(c) Addresses for residential Buildings shall be reflectorized. 404.5 Adequate water supply. Fire-flow requirements shall be determined in accordance with Appendix B or BB of the California Berkeley Fire Code, as applicable.

Article 5. Special Building Construction Regulations

19.49.060 Chapter 5 Special Building Construction Regulations Chapter 5 of the 2025 California Wildland-Urban Interface Code is partially adopted with adopted sections below. (Sections adopted by the State Fire Marshal remain unless modified below.)
501.1 Scope. New Buildings and structures, additions, alterations, repairs and re-roofs constructed in a wildland-urban interface area shall be constructed in accordance with the California Building Code, California Fire Code and this code.

Exceptions:

1. Group U accessory buildings or structures not exceeding 120 square feet (11 m2) in floor area where located not less than 50 feet (15240 mm) from applicable buildings on the same lot.

2. Group U agricultural buildings or structures not less than 50 feet (15 240 mm) from applicable buildings.
501.1.1 Purpose. The purpose of this chapter is to establish minimum standards for the protection of life and property by increasing the ability of a building located in any Fire Hazard Severity Zone within a State Responsibility Area (SRA) or Local Responsibility Areas (LRA) or any building or structure in the wildland-urban interface (WUI) areas as specified in Section 302.3 to resist the intrusion of flames or burning embers projected by a vegetation fire and contributes to a systematic reduction in conflagration losses. 501.1.2 Application. Construction of new buildings and structures, additions, alterations, repairs, and re-roofs located in any Fire Hazard Severity Zone or new buildings and structures, additions, alterations, repairs and re-roofs located in any wildland-urban interface (WUI) area designated by the enforcing agency constructed after the application date shall comply with the provisions of this chapter. This shall include all new buildings and structures, additions, alterations, repairs and re-roofs with residential, commercial, educational, institutional or similar occupancy type uses, which shall be referred to in this chapter as “applicable building(s)” (see definition in Chapter 2), as well as new buildings and structures, additions, alterations, repairs and re-roofs accessory to those applicable buildings.
501.2.1 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 this code, the Berkeley Fire Code, and the Berkeley Building Standards whichever is most restrictive.
503.1 General. Buildings and structures hereafter constructed, added to, modified, repaired, re-roofed or relocated into or within wildland-urban interface areas shall meet the construction requirements in accordance with Chapter 5. Materials required to be ignition-resistant building materials shall comply with the requirements of Section 503.2.

Exceptions:

1. New accessory buildings and miscellaneous structures complying with Section 504.11.

2. Additions to and remodels of buildings originally constructed prior to July 1, 2008.

2. Group C occupancy special buildings conforming to the limitations specified in Section 450.4.1 of the California Building Code.
504.2 Roof assembly. Roofs shall have a roof assembly that complies with a Class A fire classification when tested in accordance with ASTM E108 or UL 790. For additional compliance see California Building Code Chapter 15, Section 1505.2 for Class A roof assemblies. The roof assembly shall be installed in accordance with its listing and the manufacturer’s installation instructions.

Wooden shakes and shingles are prohibited roof coverings regardless of the assembly rating of the roof system
Exceptions: The following assemblies are exempt from testing and shall be considered as equivalent to the Class A fire classification:

1. Roof assemblies with coverings of brick, masonry or an exposed concrete roof deck.

2. Roof assemblies with ferrous or copper shingles or sheets, metal sheets and shingles, clay or concrete roof tile or slate installed on noncombustible decks or ferrous, copper or metal sheets installed without a roof deck on noncombustible framing.

3. Roof assemblies with minimum 16 oz/sq ft (0.0416 kg/m 2) copper sheets installed over combustible roof decks.

4. Roof assemblies of slate roof covering installed over ASTM D226, Type II underlayment over combustible decks.
505 – RESERVED REPLACEMENT OF EXTERIOR WALL COVERING
505.1 Replacement of Exterior Wall Covering. Materials for replacement of existing exterior wall covering shall meet or exceed the standards set forth in Section 504.5 of this code.

Exception: Where less than 50% of any wall surface is being replaced or repaired, and the matching of the new plane to the existing plane on that wall is not possible. 506 – RESERVED UNDERGROUND UTILITY CONNECTIONS
506.1 Underground utility connections. For new construction, provisions shall be made for the undergrounding of all utilities serving the property, including but not limited to

electrical, telephone and cable television, by the installation of appropriately sized underground conduits extending from the parcel.

SECTION 507—REPLACEMENT OR REPAIR OF ROOF COVERINGS
507.1 General. The roof covering on buildings or structures in existence prior to the adoption of this code that are entirely replaced or have 50 percent or more replaced in a 12-month period shall be replaced with a roof covering as required for new construction in accordance with Sections 504.2 and 504.2.1. All portions of a roof covering applied during an addition, alteration or repair to an existing structure shall meet at least a Class A fire classification in accordance with Sections 504.2 and 504.2.1.

The entire roof covering of every existing building or structure where more than 50 percent of the total roof area is replaced within any 5-year period shall be replaced with a fire- retardant roof covering in accordance with Sections 504.2 and 504.2.1.

SECTION 508—ADDITIONAL REQUIREMENTS IN THE PANORAMIC MITIGATION AREA.
508.1 General. In addition to meeting the other requirements of this code, buildings or structures hereinafter erected, constructed, moved, altered, added, or repaired within the Panoramic Mitigation Area shall comply with the following requirements for buildings and structures.
508.1.2 Fire warning system. All residential units shall be equipped with a Fire Warning System as specified by the residential smoke alarm requirements in the most recently adopted California Building Code and/or California Residential Code and with an audible exterior alarm. The exterior alarm must meet the requirements of NFPA 72 or equivalent and generate 45 decibels ten feet from the alarm, or more. 508.1.3 Automatic fire sprinkler systems. Automatic fire sprinkler system requirements shall be as set forth in Berkeley Fire Code Section 903.2.24. 508.1.4 Utilities. Utilities, pipes, furnaces, water heaters or other mechanical devices located in an exposed underfloor area of a building or structure shall be enclosed with material as required for exterior one hour fire resistive construction. Adequate covered access openings for servicing and ventilation of such facilities shall be provided as required by the applicable code.
508.1.5 Water Service. The water service to the site shall be installed with a 3/4” hose bib connection prior to beginning any construction involving any wood forming or framing.

The person responsible for the construction shall have at the site a 75 ft 3/4” hose available at all times.

Article 6. Fire Protection Requirements

19.49.070 Chapter 6 Fire Protection Requirements
Chapter 6 of the 2025 California Wildland-Urban Interface Code is partially adopted with adopted sections below. (Sections adopted by the State Fire Marshal remain unless modified below.)
SECTION 604—MAINTENANCE OF DEFENSIBLE SPACE
604.3 Requirements. Hazardous vegetation and fuels around all buildings and structures shall be maintained in accordance with the following laws and regulations:

1. Public Resources Code, Section 4291.

2. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 3, Article 3, Section 1299.03.

3. California Government Code, Section 51182.

4. California Code of Regulations, Title 19, Division 1, Chapter 7, Subchapter 1, Section 3.07.

5. H106azardous vegetation and fuel mitigation and home hardening requirements in Section 604.3.1 and Section 604.3.2.
604.3 Defensible Space Requirements.
604.3 Requirements. The 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.

Property owners are not required or authorized by this code to enter the properties of another person to implement the requirements of this Section. 604.3.1 Mitigations Required. Within the locally designated Very High Fire Hazard Severity Zone a person who owns, leases, controls, operates, or maintains lands shall at all times:

1. Remove all branches within 10 feet of any chimney or stovepipe outlet.

2. Maintain the roof and roof gutters of any structure, and the surface of any attached deck, porch, landing, or stairs free of leaves, needles, or other deposited vegetative materials.

3. Maintain 6 feet of vertical clearance between branches and all other parts of trees or other vegetation overhanging the roof or other portion of any Structure or attached deck.

4. Zone 0: 0-5 feet from any structure: The requirements of 604.3.1.5 (Zone 1) below apply to this zone.

5. Zone 1: 5 to 30 feet from any structure:
a. Remove contiguous vegetation without adequate fuel separation to prevent spread to the structure.
b. Maintain any tree, shrub, or other plant adjacent to or overhanging any Structure or attached deck free of dead or dying wood. c. Maintain trees to remove Ladder Fuels so that foliage, twigs, or branches are greater than 6’ feet above the ground or surface fuels. d. Where shrubs or small trees 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 6 feet, whichever is greater. e. For structures on the same property, 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.
i. Existing moveable structures shall comply with the above. f. Relocate exposed firewood piles or lumber further than zone 1, unless they are completely covered in a fire-resistant covering approved by the State Fire Marshal’s Building Material Listing Service.

6. Zone 2: 30 to 100 feet from any structure:
a. All exposed wood piles or lumber must have a perimeter of a minimum of ten feet (10 ft.) of non-combustible material, such as bare mineral soil, in all directions.

7. 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 annual forbs to a maximum height of four inches (4 in.) prior to, or upon reaching the senescent or ripening phase when the preponderance of vegetative material is cured or dead.
d. Vertical Spacing: Limb trees by removing hanging bark, debris and branches that are within six feet (6 ft.) of the ground.
e. 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. 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
iv. Shrubs maintained as trees, such as limited stems and limbed up 6 feet or one third the height, whichever is greater, shall comply with requirements for trees, and not this section.
v. Consistent with fuel management objectives, steps should be taken to minimize erosion, soil disturbance, and the spread of flammable, non-native grasses and weeds.
g. 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.
604.3.2 Specific requirements for Panoramic Mitigation Area and Grizzly Peak Mitigation Area. Effective January 1, 2026 the Grizzly Peak Mitigation Area and Panoramic Mitigation Area shall be subject to 604.3.2 in addition to 604.3.1

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

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 materials, including bare mineral soil, 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. Trees: Existing trees and shrubs are permitted in Zone Zero if:
i. Maintained free of dead material.
ii. The crown (canopy) is maintained to create:

1. Six feet (6’) above the adjacent building or structure’s roof

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

3. Five feet (5’) of horizontal clearance from the sides of any Building, Structure, attached deck, porch, landing or stairs, and hot tubs within five (5) feet of a structure.
a. Exception: trees integrated into a deck must maintain 5 feet horizontal separation from the adjacent
structure and branches must be 6 feet above the
deck.

4. 6’ of vertical clearance above attached decks, attached, landing or stairs, and hot tubs within 5’ of a structure.

c. The roof and rain gutters of a Building or Structure shall be kept clear of leaves, needles, and vegetative material.
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. i. Existing fences that are not parallel to the adjacent structure wall, and are within 5 feet of that wall, shall have a non-combustible span within the first 5 feet of the structure perpendicular to the exterior structure wall.
ii. Existing parallel fences that do not touch the structure are allowed. e. After the effective date of this regulation, no new or replacement sections of combustible fence are permitted within 5 feet of a building or structure including an attached deck.
f. 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 for the purpose of measuring Zone 0.

SECTION 605—SPARK ARRESTORS
605.1 General. Chimneys serving fireplaces, barbecues, incinerators or decorative heating appliances in which solid or liquid fuel is used shall be provided with a spark arrestor. Spark arrestors shall be constructed of woven or welded wire screening of 12 USA standard gage wire (0.1046 inch) (2.66 mm) having openings not exceeding 1/2 inch (12.7 mm). The arrestor shall be securely attached to the chimney or stovepipe and shall be adequately supported. The use of bands, mollies, masonry anchors or mortar ties are recommended depending upon the individual need. See California Building Code Section 2113A.9.2 (“Spark arrestors”) for specifications.

SECTION 606—LIQUEFIED PETROLEUM GAS INSTALLATIONS
606.1 General. The storage of liquefied petroleum gas (LP-gas) and the installation and maintenance of pertinent equipment shall be in accordance with the California Berkeley Fire Code.
606.2 Location of containers or tanks. LP-gas containers or tanks shall be located within the defensible space in accordance with the California Berkeley Fire Code.

Article 7. Referenced Standards

19.49.080 Chapter 7 Referenced Standards
Chapter 7 of the 2025 California Wildland-Urban Interface Code is partially adopted with adopted sections below. (Sections adopted by the State Fire Marshal remain unless modified below.)
BOF State Board of Forestry and Fire Protection
RPC 2 (c) - General Guidelines for Creating Defensible Space, February 8, 2006

CEC
CEnC – 2025: California Energy Code

1.1.8.2,
IAPMO
CPC – 2025: California Plumbing Code
201.3
CMC – 2025: California Mechanical Code
201.3
NEC
CEC – 2025: California Electrical Code
201.3
Article 8. General Requirements

19.49.090 APPENDIX A – GENERAL REQUIREMENTS
Appendix A of the 2025 Wildland-Urban Interface Code is adopted and reproduced in its entirety subject to the modifications thereto which are set forth below.

SECTION A101—GENERAL
A101.1 Scope. The provisions of this appendix establish general requirements applicable to new and existing properties located within wildland-urban interface areas.

A101.2 Objective. The objective of this appendix is to provide necessary fire protection measures to reduce the threat of wildfire in a wildland-urban interface area and improve the capability of controlling such fires.

SECTION A102—VEGETATION CONTROL
A102.1 General. Vegetation control shall comply with Sections A102.2 through A102.4.

A102.2 Clearance of brush or vegetative growth from roadways. The code official is authorized to require areas within 10 feet (3048 mm) on each side of portions of fire apparatus access roads and driveways to be cleared of nonfire-smart vegetation growth.

Exception: Single specimens of trees, ornamental vegetative fuels or cultivated ground cover, such as green grass, ivy, succulents or similar plants used as ground cover, provided they do not form a means of readily transmitting fire.

A102.3 Clearance of brush and vegetative growth from electrical transmission and distribution lines. Clearance of brush and vegetative growth from electrical transmission and distribution lines shall be in accordance with Sections A102.3.1 through A102.3.2.3.

Exception: Sections A102.3.1 through A102.3.2.3 do not authorize persons not having legal right of entry to enter on or damage the property of others without consent of the owner.

A102.3.1 Support clearance. Persons owning, controlling, operating or maintaining electrical transmission or distribution lines shall have an approved program in place that identifies poles or towers with equipment and hardware types that have a history of becoming an ignition source, and provides a combustible free space consisting of a clearing of not less than 10 feet (3048 mm) in each direction from the outer circumference of such pole or tower during such periods of time as designated by the code official.

Exception: Lines used exclusively as telephone, telegraph, messenger call, alarm transmission or other lines classed as communication circuits by a public utility.

A102.3.2 Electrical distribution and transmission line clearances. Clearances between vegetation and electrical lines shall be in accordance with Sections A102.3.2.1 through A102.3.2.3.

A102.3.2.1 Trimming clearance. At the time of trimming, clearances not less than those established by Table A102.3.2.1 shall be provided. The radial clearances shown are minimum clearances that shall be established, at time of trimming, between the vegetation and the energized conductors and associated live parts.

Exception: The code official is authorized to establish minimum clearances different than those specified by Table A102.3.2.1 when evidence substantiating such other clearances is submitted to and approved by the code official.

TABLE A102.3.2.1—MINIMUM CLEARANCES BETWEEN

VEGETATION AND ELECTRICAL LINES AT TIME OF TRIMMING

LINE VOLTAGE MINIMUM RADIAL CLEARANCE FROM
CONDUCTOR (feet)
2,400–72,000 4
72,001–110,000 6
110,001–300,000 10
300,001 or more 15
For SI: 1 foot = 304.8 mm.
102.3.2.2 Minimum clearance to be maintained. Clearances not less than those established by Table A102.3.2.2 shall be maintained during such periods of time as designated by the code official. The site specific clearance achieved, at time of pruning, shall vary based on species growth rates, the utility company-specific trim cycle, the potential line sway due to wind, line sag due to electrical loading and ambient temperature and the tree’s location in proximity to the high voltage lines.

Exception: The code official is authorized to establish minimum clearances different than those specified by Table A102.3.2.2 when evidence substantiating such other clearances is submitted to and approved by the code official.

TABLE A102.3.2.2—MINIMUM CLEARANCES BETWEEN VEGETATION AND

ELECTRICAL LINES TO BE MAINTAINED
LINE VOLTAGE MINIMUM CLEARANCE (inches)
750–35,000 6
35,001–60,000 12
60,001–115,000 19
115,001–230,000 30.5
230,001–500,000 115
For SI: 1 inch = 25.4 mm.
102.3.2.3 Electrical power line emergencies. During emergencies, the utility shall perform the required work to the extent necessary to clear the hazard. An emergency can include situations such as trees falling into power lines or trees in violation of Table A102.3.2.2.

A102.4 Correction of condition. The code official is authorized to give notice to the owner of the property on which conditions regulated by Section A102 exist to correct such conditions. If the owner fails to correct such conditions, the legislative body of the jurisdiction is authorized to cause the same to be done and make the expense of such correction a lien on the property where such condition exists.

SECTION A103—ACCESS RESTRICTIONS
A103.1 Restricted entry to public lands. The code official is authorized to 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 campsites that have not been closed during such time when the wildland-urban interface area is closed to entry, is prohibited.

Exceptions:

1. Residents and owners of private property within wildland-urban interface areas and their invitees and guests going to or being on their lands.

2. Entry, in the course of duty, by peace or police officers, and other duly authorized public officers, members of a fire department and members of the Wildland Firefighting Service.

A103.2 Trespassing on posted private property. Where the code official determines that a specific area within a wildland-urban interface area 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 restricted or closed until changed conditions warrant termination of such restriction or closure. Such areas shall be posted in accordance with Section A103.2.1.

A103.2.1 Signs. Approved signs prohibiting entry by unauthorized persons and referring to this code shall be placed on every closed area.

A103.2.2 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; authorized persons engaged in the operation and maintenance of necessary utilities such as electrical power, gas, telephone, water and sewer; and local, state and federal public officers and their authorized agents acting in the course of duty.

A103.3 Use of fire roads, fire breaks, fire trails and defensible space. Motorcycles, motor scooters and motor vehicles shall not be driven or parked on, and trespassing is prohibited on, fire roads, fire breaks, fire trails or defensible space beyond the point where travel is restricted by a cable, gate or sign, without the permission of the property owners.

Vehicles shall not be parked in a manner that obstructs the entrance to a fire road or defensible space.

Exception: Public officers acting within their scope of duty.

A103.3.1 Obstructions. Radio and television aerials, guy wires thereto, and other obstructions shall not be installed or maintained on fire roads, fire breaks, fire trails or defensible spaces, unless located 16 feet (4877 mm) or more above such fire road or defensible space.

A103.3.2 Public access roads, fire roads, firebreaks and fire trails. No person(s) shall use any public access road, fire road, firebreak or fire trail for the storage of any construction material, stationary construction equipment, construction office, portable refuse container, earth from any grading or excavating, or any other construction related activity.

A103.4 Use of motorcycles, motor scooters, ultralight aircraft and motor vehicles.

Motorcycles, motor scooters, ultralight aircraft and motor vehicles shall not be operated within wildland-urban interface areas, without a permit by the code official, except on clearly established public or private roads designated for use by motorcycles, motor scooters, ultralight aircraft and motor vehicles. Permission from the property owner shall be presented when requesting a permit.

A103.5 Tampering with locks, barricades, signs and address markers. Locks, barricades, seals, cables, signs and address markers installed within wildland-urban interface areas, by or under the control of the code official, shall not be tampered with, mutilated, destroyed or removed.

A103.5.1 Gates, doors, barriers and locks. Gates, doors, barriers and locks installed by or under the control of the code official shall not be unlocked.

SECTION A104—IGNITION SOURCE CONTROL
A104.1 General. Ignition sources shall be controlled in accordance with Sections A104.2 through A104.10.

A104.2 Objective. Regulations in this section are intended to provide the minimum requirements to prevent the occurrence of wildfires.

A104.3 Clearance from ignition sources. Clearance between ignition sources and grass, brush or other combustible materials shall be maintained at not less than 30 feet (9144 mm).

A104.4 Smoking. Where required by the code official, signs shall be posted stating NO SMOKING. Persons shall not smoke within 15 feet (4572 mm) of combustible materials or nonfire-smart vegetation. Lighting, igniting or otherwise setting fire to or smoking tobacco, cigarettes, pipes, cigars, joints, or other device used to burn or heat a substance for inhalation in Wildland-Urban Interface areas are prohibited.

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

A104.5 Equipment and devices generating heat, sparks or open flames. Equipment and devices generating heat, sparks or open flames capable of igniting nearby combustibles shall not be used in wildland-urban interface areas without a permit from the code official. See Berkeley Fire Code Sections 308.1.5 Open Flame Devices in Wildfire Risk Areas and 308.1.5.1 Signals and Markers.

Exception: Use of approved equipment within inhabited premises or designated campsites that are not less than 30 feet (9144 mm) from grass-, grain-, brush- or forest- covered areas.

A104.6 Fireworks. Fireworks shall not be used or possessed in wildland-urban interface areas.

Exception: Fireworks allowed by the code official under permit in accordance with the California Fire Code where not prohibited by applicable local or state laws, ordinances and regulations.

A104.6.1 Authority to seize. The code official is authorized to seize, take, remove or cause to be removed fireworks in violation of this section.

A104.7 Outdoor fires. Outdoor fires in wildland-urban interface areas shall comply with Sections A104.7.1 through A104.7.3.

A104.7.1 General. Persons shall not build, ignite or maintain any outdoor fire of any kind for any purpose in or on any wildland-urban interface area, except by the authority of a written permit from the code official.

Exception: Outdoor fires within inhabited premises or designated campsites where such fires are in a permanent barbecue, portable barbecue, outdoor fireplace, incinerator, fire pits or grill and are not less than 30 feet (9144 mm) from any combustible material or nonfire-smart vegetation.

A104.7.2 Permits. Permits shall incorporate such terms and conditions that will reasonably safeguard public safety and property. Outdoor fires shall not be built, ignited or maintained in or on hazardous fire areas under any of the following conditions:

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

2.1. When high winds are blowing.

3.2. When a person 17 years old or over is not present at all times to watch and tend such fire.

4.3. When a 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.

A104.7.3 Restrictions. Persons shall not use a permanent barbecue, portable barbecue, outdoor fireplace, incinerator, fire pit or grill for the disposal of rubbish, trash or combustible waste material.

A104.8 Incinerators, outdoor fireplaces, permanent barbecues, fire pits and grills.

Incinerators, outdoor fireplaces, permanent barbecues, fire pits and grills shall not be built, installed or maintained in wildland-urban interface areas without prior approval of the 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.

A104.8.1 Maintenance. Incinerators, outdoor fireplaces, 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 arrestor, screen or door.

Exception: Where approved by the code official, unprotected openings in barbecues and grills necessary for proper functioning.

A104.9 Reckless behavior. The code official is authorized to stop any actions of a person or persons if the official determines that the action is reckless and could result in an ignition of fire or spread of fire.

A104.10 Planting vegetation under or adjacent to energized electrical lines.

Vegetation that, at maturity, would grow to within 10 feet (3048 mm) of the energized conductors shall not be planted under or adjacent to energized power lines.

A104.11 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.

A104.12 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 code official.

A104.13 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 code official.

SECTION A105—CONTROL OF STORAGE
A105.1 General. In addition to the requirements of the California Fire Code, storage and use of the materials shall be in accordance with Sections A105.2 through A105.4.2.

A105.2 Hazardous materials. Hazardous materials in excess of 10 gallons (37.8 L) of liquid, 200 cubic feet (5.66 m 3) of gas, or 10 pounds (4.54 kg) of solids require a permit and shall comply with nationally recognized standards for storage and use.

A105.3 Explosives. 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 code official.

A105.4 Combustible materials. Outside storage of combustible materials such as, but not limited to, wood, rubber tires, building materials or paper products shall comply with the other applicable sections of this code and this section.

A105.4.1 Individual piles. Individual piles shall not exceed 5,000 square feet (465 m 2) of contiguous area. Piles shall not exceed 50,000 cubic feet (1416 m 3) in volume or 10 feet (3048 mm) in height.

A105.4.2 Separation. A clear space of not less than 40 feet (12 192 mm) shall be provided between piles. The clear space shall not contain combustible material or nonfire- smart vegetation.

SECTION A106—DUMPING
A106.1 Waste material. Waste material shall not be placed, deposited or dumped in wildland-urban interface areas or in, on or along trails, roadways or highways or against structures in wildland-urban interface areas.

Exception: Approved public and approved private dumping areas.

A106.2 Ashes and coals. Ashes and coals shall not be placed, deposited or dumped in or on wildland-urban interface areas.

Exceptions:

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

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

3. Where such ashes or coals are buried and covered with 1 foot (305 mm) of mineral earth not less than 25 feet (7620 mm) from nonfire-smart vegetation or structures.

SECTION A107—PROTECTION OF PUMPS AND WATER STORAGE FACILITIES A107.1 General. The reliability of the water supply shall be in accordance with Sections A107.2 through A107.5.

A107.2 Objective. The intent of this section is to increase the reliability of water storage and pumping facilities and to protect such systems against loss from intrusion by fire.

A107.3 Fuel modification area. Water storage and pumping facilities shall be provided with a defensible space of not less than 30 feet (9144 mm) clear of nonfire-resistive vegetation or growth around and adjacent to such facilities.

Persons owning, controlling, operating or maintaining water storage and pumping systems requiring this defensible space are responsible for clearing and removing nonfire-smart vegetation and maintaining the defensible space on the property owned, leased or controlled by said person.

A107.4 Trees. Portions of trees that extend to within 30 feet (9144 mm) of combustible portions of water storage and pumping facilities shall be removed.

A107.5 Protection of electrical power supplies. Where electrical pumps are used to provide the required water supply, such pumps shall be connected to a standby power source to automatically maintain electrical power in the event of power loss. The standby power source shall be capable of providing power for not less than 2 hours in accordance with Chapter 27 of the California Building Code, Section 1203 of the California Fire Code and the California Electrical Code.

Exception: A standby power source is not required where the primary power service to pumps is underground as approved by the code official.

SECTION A108—LAND USE LIMITATIONS
A108.1 General. Temporary fairs, carnivals, public exhibitions and similar uses must comply with all other provisions of this code in addition to enhanced ingress and egress requirements.

A108.2 Objective. The increased public use of land or structures in wildland-urban interface areas increases the potential threat to life safety. The provisions of this section are intended to reduce that threat.

A108.3 Permits. Temporary fairs, carnivals, public exhibitions or similar uses shall not be allowed in a designated wildland-urban interface area, except by permit from the code official.

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

A108.4 Access roadways. In addition to the requirements in Section 403, access roadways shall be not less than 24 feet (7315 mm) wide and posted NO PARKING. Two access roadways shall be provided to serve the permitted use area.

Where required by the code official to facilitate emergency operations, approved emergency vehicle operating areas shall be provided.

SECTION A109—REFERENCED STANDARDS
A109.1 General. See Table A109.1 for standards that are referenced in various sections of this appendix. Standards are listed by the standard identification with the effective date, standard title and the section or sections of this appendix that reference the standard.

TABLE A109.1—REFERENCED STANDARDS

STANDARD ACRONYM STANDARD NAME SECTIONS HEREIN

REFERENCED
CBC—25 California Building Code A107.5
CFC—25 California Fire Code A104.6, A105.1, A107.5
CEC—25 California Electrical Code A107.5
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 Council Chambers, 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.
* * * * * *

ATTACHMENT 2

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

ADOPTING FINDINGS AS TO LOCAL CLIMATIC, GEOLOGICAL AND

TOPOGRAPHICAL CONDITIONS RENDERING REASONABLY NECESSARY VARIOUS

ENUMERATED LOCAL FIRE STANDARDS THAT ARE MORE STRINGENT THAN

THOSE MANDATED BY THE CALIFORNIA WILDLAND-URBAN INTERFACE CODE AND RESCINDING RESOLUTION NO. 71,710–N.S.

BE IT RESOLVED by the Council of the City of Berkeley as follows:

WHEREAS, the City is proposing to adopt various enumerated changes and modifications to the California Wildland-Urban Interface Code, as set forth below; and WHEREAS, Health & Safety Code §17958 allows the City to make modifications or changes to the California Wildland-Urban Interface Code and other regulations adopted pursuant to Health & Safety Code §17921(a) which result in more stringent local requirements; and
WHEREAS, Health & Safety Code §17925, §17958.5 and §17958.7 require that such changes be supported by findings made by the governing body that such more stringent local requirements are necessary because of “local climatic, geological or topographical conditions or factors;” and
WHEREAS, such findings must be made available as a public record and a copy thereof with each such modification or change shall be filed with the California Building Standards Commission.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Berkeley that it finds that each of the various proposed changes or modifications to the California Wildland-Urban Interface Code which are enumerated below are reasonably necessary because of local conditions in the area encompassed by the City of Berkeley, as set forth below:

1. LOCAL CONDITIONS
a. Climatic Conditions
i. Discussion
The City of Berkeley is located at the geographic center of the Bay Area. The western limits are defined by the Bay at near sea level and the eastern limits by the abruptly rising Berkeley Hills to 1,200 feet. The eastern limit faces open parklands and open space (covered with vegetative fuel loading) to the east and is exposed to a unique danger from wildland fires during periods of hot, dry weather in the summer months. Many of the Berkeley homes in this area have wood shake and shingle roofs and are surrounded by brush type vegetation. The situation is made even worse by the negative effects of high wind conditions during the fire season. During May to October, critical climatic fire

ATTACHMENT 2

conditions occur where the temperature is greater than 80oF, wind speed is greater than 15 mph, fuel moisture is less than or equal to 10 percent, wind direction is from north to the east-southeast and the ignition component is 65 or greater. These conditions occur more frequently during the fire season but this does not preclude the possibility that a serious fire could occur during other months of the year. The critical climate fire conditions create a situation conducive to rapidly moving, high intensity fires. Fires starting in the wildland areas along the easterly border are likely to move rapidly westward into Berkeley's urban areas.
 In September 1923, critical climatic fire conditions were in effect and Berkeley sustained one of the most devastating fires in California's history. A fire swept over the range of the hills to the northeast of Berkeley and within two hours was attacking houses within the City limits. A total of 130 acres of built-up territory burned. 584 Berkeley buildings were wholly destroyed and about 30 others seriously damaged. By far the greater portion were single-family dwellings, but among the number were 63 apartments, 13 fraternity, sorority and students’ house clubs and 6 hotels and boarding houses.
 In September 1970, during critical climatic fire conditions characterized by hot, dry winds out of the northeast, a fire started along Fish Ranch Road and Grizzly Peak.

This fire rapidly spread into the surrounding neighborhoods of Oakland and Berkeley, burning 400 acres and destroying 37 homes. An additional 18 homes were badly damaged before the fire was brought under control.  In December of 1980, during critical climatic fire conditions, a small fire started at Berkeley's northeast limits and within minutes five homes were totally destroyed by fire.
 On October 20, 1991, a disastrous firestorm swept down from the Oakland hills.

Within the first few hours, thousands of people were evacuated. Ultimately over 3,000 dwelling units were destroyed, of which more than 70 were in Berkeley. This fire matched the pattern established by the fires of 1923 and 1980. Additionally, the conditions that led to it were the same as the conditions that led to a 1970 fire that destroyed 37 homes in Berkeley and Oakland.
ii. Summary.

Local climatic conditions of limited rainfall, low humidity, high temperatures and high winds along with existing building construction create extremely hazardous fire conditions that adversely affect the acceleration intensity and size of fires in the City. The same climatic conditions may result in the concurrent occurrence of one or more fires, which may spread in the more populated areas of the City without adequate fire department personnel to protect against and control such a situation. b. Geological Conditions.
i. Discussion.

The City of Berkeley is in a region of high seismic activity and is traversed by the Hayward fault. It has the San Andreas earthquake fault to the west and the Calaveras earthquake fault to the east. All three faults are known to be active as evidenced by the

ATTACHMENT 2

damaging earthquakes they have produced in the last 100 years and can, therefore, be expected to do the same in the future. Of primary concern to Berkeley is the Hayward Fault, which has been estimated to be capable of earthquakes exceeding a magnitude of 7.0 on the Richter scale. It extends through many residential areas and passes through a small business district and the University of California. A large number of underground utilities cross the fault, including major water supply lines. Intensified damage during an earthquake may be expected in those areas of poorer ground along the Bay, west of Interstate 80 and in known slide areas, as well as hillside areas (occupied mainly by dwellings) located within or near the fault zone; some areas are steep and have been subjected to slides.

The waterfront areas and areas in the Berkeley flatlands immediately adjacent to creeks and water streams present a major potential for soil liquefaction hazard. The Eastshore Freeway may liquefy and fail under heavy shaking or it may be inundated by a tsunami.

The north hill area is most susceptible to landslides because of the presence of soft and unconsolidated sediments, extensive water content in the ground and the steepness of slopes.

Great potential damage can be related to the likely collapse of freeway overpasses. In the event of a major earthquake, Berkeley's firefighting capability could be greatly affected by loss of its main water supply. There is also the strong possibility of inundation due to failure of water reservoirs in the hill area. The replacement of Summit Reservoir at the Kensington border in Berkeley was completed in December 2018.

Berryman Reservoir North has been demolished and replaced by a steel tank in 2012.

Berryman Reservoir South has received a seismic upgrade. Additional potential situations following an earthquake include broken natural gas mains and ensuing fires in the streets; building fires, as the result of broken service connections; trapped occupants in collapsed structures; and rendering of first aid and other medical attention to a large number of people.
ii. Summary.

Local geological conditions include high seismic activity and large concentrations of residential type buildings as well as a major freeway. Since the City of Berkeley is located in a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, the modifications cited herein are intended to better limit life safety hazards and property damage as a result of a seismic activity.
c. Topographical Conditions.
i. Discussion.

The City of Berkeley has many homes built throughout the urban portion of the Berkeley Hills that are reached by narrow and often winding paved streets which hamper access for fire apparatus and escape routes for residents. In addition, many of the hillside homes are on the extreme eastern edge of the City and require longer response times for the total required firefighting force. Panoramic Way and other hill areas with narrow and winding streets may face the problem of isolation from the rest of the City.

In the areas north and south of the University of California, there are large concentrations

ATTACHMENT 2

of apartments, rooming houses, and fraternity and sorority houses. A number of apartments in these areas are of wood frame construction and are up to five stories in height from grade level. The fire potential is moderately high due to building congestion, heights, and wood shingle roof coverings and siding. Fires can be expected to involve large groups of buildings in these areas. It is noted that Berkeley most probably has more physically impaired people per capita than any other community in the United States. It is estimated that 11% of the approximate population of 121,077 per 2020 Census in Berkeley are physically impaired. Emergency egress and rescue for these people are more difficult during a fire or other life safety emergency.

The Eastshore Highway, running along the western edge of Berkeley, is one of the most heavily used and congested freeway sections in the state. Noted impacts have been increased rates of asthma, particularly among children. The proximity of Berkeley to this freeway and its location downwind from prevailing patterns negatively affects air quality, thus increasing the impact of wood smoke in Berkeley.
d. Summary.

Local topographical conditions include hillside housing with many narrow and winding streets with slide potential for blockage in the abruptly rising Berkeley hills. These conditions create an extremely serious problem for the Fire Department when a major fire or earthquake occurs. Many situations will result in limiting or total blockage of fire department emergency vehicular traffic, overtaxed fire department personnel and a total lack of resources for the suppression of fire in buildings and structures in the City of Berkeley. In addition, under these local conditions, the presence of wood smoke can cause increased disease, including asthma, and increased deaths from heart and lung disease.

2. REASONABLE NECESSITY
The proposed changes and modifications to the California Wildland-Urban Interface Code are reasonably necessary due to the local climatic, geological and topographical conditions set forth above. They are further justified for the reasons set forth below.

In adopting the California Wildland-Urban Interface Code as the Berkeley Wildland-Urban Interface Code, the City proposes to make certain substantive modifications whose effect is to impose more stringent requirements locally than are mandated by the California Wildland- Urban Interface Code. These are specifically listed below and may be generally characterized as relating to: designation of the wildland-urban interface areas (WUI), vegetation management guidelines, defensible space requirements, emergency and fire protection access requirements, construction regulations, and fire & life safety provisions in the wildland-urban interface areas.

The following more stringent local requirements are reasonably necessary to address risks created by local conditions set forth above for the following reasons:

1. Berkeley Wildland-Urban Interface Code Chapter 19.49, Article 3, Wildland-Interface Areas defines the areas that the State of California Office of the Fire Marshal has identified as moderate, high or very high fire hazard severity zones, and areas that the City of Berkeley has designated as high or very high fire hazard severity zones that were not identified by the State Fire Marshal, within the City of Berkeley. The

ATTACHMENT 2

State of California Office of the Fire Marshal Fire Hazard Severity Zone (FHSZ) maps were developed using a science-based and field-tested model that assigns a hazard score based on the factors that influence fire likelihood and fire behavior. Many factors are considered such as fire history, existing and potential fuel (natural vegetation), predicted flame length, blowing embers, terrain, population density, and typical fire weather for the area. Section 302.4 (Restrictions in the Wildland-Urban Interface Areas) establish that the provisions in the Berkeley WUI code apply to the high and very high fire hazard severity zones. The Panoramic Mitigation Area and Grizzly Peak Mitigation Area within the City of Berkeley, which are topographically steep and can develop windy conditions, are included in the Very High Fire Hazard Severity Zone. They represent a subset of that geographic area which is subject to additional provisions within the Code.

2. Berkeley Wildland-Urban Interface Code Chapter 19.49, Article 4, Wildland-Interface Area Requirements clarify the proper code sections for identifying and addressing structures within the wildland-urban interface area and the water supply requirement per the Berkeley Fire Code. The address identification requirements in the Berkeley Fire Code permit identification of addresses in smokey conditions during a fire and foggy conditions that regularly occur in the WUI.

3. Berkeley Wildland-Urban Interface Code Chapter 19.49, Article 5, Special Building Construction Regulations align the model code language with previous local amendments to the Berkeley Building Code and Berkeley Residential Code with some revisions and updates in the code language and code sections that are recommended for continuance in the Berkeley WUI code.

4. Berkeley Wildland-Urban Interface Code Chapter 19.49, Article 6, Fire Protection Requirements align the model code language with the previous local amendments to the Berkeley Fire Code in regards to the high and very high fire hazard severity zones in the City of Berkeley.

5. Berkeley Wildland-Urban Interface Code Chapter 19.49, Article 8, General Requirements, align the model code language with the previous local amendments to the Berkeley Fire Code in regards to regulations and restrictions in the WUI area.

BE IT FURTHER RESOLVED by the Council of the City of Berkeley that certain local amendments to the codes are not building standards more stringent than the provisions of the California Wildland-Urban Interface Code but rather cover matters not addressed by those codes as building standards, or are administrative in nature, as follows:

1. Berkeley Wildland-Urban Interface Code Chapter 19.49, Article 1, Scope and Administrative Provisions, as amended, details local ordinances and regulations necessary to carry out and enforce the Berkeley Fire Code in the City of Berkeley relating to civil, administrative, or criminal procedures.

2. Berkeley Wildland-Urban Interface Code Chapter 19.49, Article 2, Definitions, as amended, provides additional definitions required to clarify and implement the local adoption of the fire code.

3. Berkeley Wildland-Urban Interface Code Chapter 19.49, Article 7, Referenced

ATTACHMENT 2

Standards, aligns the referenced standards to include standards that are applicable to construction in the WUI area, including the energy, plumbing, mechanical, and electrical codes.

BE IT FURTHER RESOLVED, that Resolution No. 71,710–N.S is hereby rescinded.

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

ACTION CALENDAR
November 10, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jennifer Louis, Chief of Police
Subject: Annual Surveillance Technology Report for Body Worn Cameras, GPS Trackers, Fixed Surveillance Video Cameras, Parking Enforcement Officer Automated License Plate Readers, the Street Level Imagery Project, Unmanned Aerial Systems, and Fixed Automated License Plate Readers

RECOMMENDATION
Pursuant to Chapter 2.99 of the Berkeley Municipal Code, adopt a resolution accepting the Surveillance Technology Report for Body Worn Cameras, GPS Trackers, Fixed Surveillance Video Cameras, Automated License Plate Readers, the Street Level Imagery Project, Unmanned Aerial Systems, and Fixed Automated License Plate Readers.

FISCAL IMPACTS OF RECOMMENDATION
These technologies have existing budget approval and there are no new fiscal impacts associated with adopting the attached resolution.

CURRENT SITUATION AND ITS EFFECTS
On March 27, 2018, the City Council adopted Ordinance 7,592-N.S., adding Chapter

2.99 to the Berkeley Municipal Code, which is also known as the Surveillance Technology Use and Community Safety Ordinance (referred to here as the Ordinance).

Section 2.99.070 of the Ordinance requires that the City Manager must submit to the City Council a Surveillance Technology Report as defined by Section 2.99.020(2) of the Ordinance annually, at the first regular City Council meeting in November.

The purpose of the Ordinance is to provide transparency surrounding the use of surveillance technology, as defined by Section 2.99.020 of the City’s Municipal Code, and to ensure that decisions surrounding the acquisition and use of surveillance technology consider the impacts that such technology may have on civil rights and civil liberties. Further, the Ordinance requires that the City evaluate all costs associated with

Annual Surveillance Technology Report ACTION CALENDAR
November 10, 2025
the acquisition of surveillance technology and regularly report on their use. The purpose of this staff report and attached resolution is to satisfy the annual reporting requirement as outlined in Section 2.99.070. For each of the seven approved technologies, Annual Surveillance Technology Report and accompanying audits (where required by BPD policy) are attached to this report. These reports fulfill all section-by-section reporting requirements of the Ordinance.

One of the mandated reporting categories of the Ordinance is whether complaints have been received by the community about Police Department’s use of surveillance technologies. To date, Berkeley Police Department Internal Affairs Bureau (IAB) has not received any external personnel complaints surrounding these technologies. External complaints from community members can be made in writing, via email, in person or via telephone. Complaints can be received with direct communication to the Internal Affairs Bureau from the complainant and/or be received by any member of the Department and then forwarded through the chain of command. If a community member initiates a complaint against a subject employee and during the investigation it is determined the subject employee violated policy regarding the misuse of technology, an additional complaint is initiated by the Chief of Police.

Community members also have the right to initiate complaints against employees of BPD by reporting directly to the Office of the Director of Police Accountability (ODPA).

The Director of Police Accountability notifies the Chief of Police when an investigation into a complaint is initiated by the PAB, which would prompt a parallel IAB investigation.

An additional reporting category covers audits. All audits required by policy were completed during this reporting period. The only audit finding resulted from the fixed automated license plate reader (ALPR) audit, the first audit conducted since this technology was fully implemented earlier this year. The complete audit is included in Attachment 8. The audit confirmed that all Berkeley Police Department users complied with Policy 1305 requirements. External agencies demonstrated 100% authorized access and 99.81% compliance with permitted search reasons. In response to the small number of statewide searches that included federal acronyms, the Department tightened sharing controls to exclude out-of-region agencies, disabled the statewide lookup feature, and instituted new protocols to revoke access when a partner agency’s search appears inconsistent with policy. Additional roll call training and vendor-side safeguards are being developed to ensure that the system continues to align with both state law and Berkeley’s Sanctuary City Ordinance.

During this reporting period, the City advanced a major surveillance technology initiative with the ALPR system. The ALPR network, consisting of 52 cameras approved by Council, became fully operational following the conclusion of its introductory phase in January 2025, and has since resulted in more than 50 arrests and 40 recovered stolen vehicles that likely would not have occurred without the technology.

Annual Surveillance Technology Report ACTION CALENDAR
November 10, 2025
Work is also underway on the Council referrals related to additional fixed surveillance cameras. This technology, like the existing ALPR system, works to support public safety and criminal investigations.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects or opportunities associated with the content of this report.

RATIONALE FOR RECOMMENDATION
City Council is being requested to adopt the attached resolution for the City to be in compliance with the Ordinance.

CONTACT PERSON
Jennifer Louis, Chief of Police, (510) 981-5700
Arlo Malmberg, Strategic Planning and Accountability Manager, (510) 981-5747

ATTACHMENTS

1. Resolution

2. Surveillance Technology Report: Body Worn Cameras

3. Surveillance Technology Report: Global Positioning System (GPS) Tracking Devices

4. Surveillance Technology Report: Fixed Surveillance Video Cameras

5. Surveillance Technology Report: Parking Enforcement Automated License Plate Readers

6. Surveillance Technology Report: Street Level Imagery Project

7. Surveillance Technology Report: Unmanned Aerial Systems (UAS)

8. Surveillance Technology Report: Fixed Automated License Plate

ATTACHMENT 1

RESOLUTION NO. XX,XXX-N.S.

A RESOLUTION ACCEPTING THE SURVEILLANCE TECHNOLOGY REPORT FOR

BODY WORN CAMERAS, GPS TRACKERS, FIXED SURVEILLANCE VIDEO

CAMERAS, PARKING ENFORCEMENT OFFICER AUTOMATED LICENSE PLATE

READERS, THE STREET LEVEL IMAGERY PROJECT, UNMANNED AERIAL

SYSTEMS, AND FIXED AUTOMATED LICENSE PLATE READERS
WHEREAS, on March 27, 2018, the City Council adopted Ordinance 7,592-N.S., which is known as the Surveillance Technology Use and Community Safety Ordinance (“Ordinance”); and
WHEREAS, Section 2.99.070 of the Ordinance requires that the City Manager must submit to the City Council a Surveillance Technology Report as defined by Section

2.99.020(2) of the Ordinance at the first regular City Council meeting in November; and WHEREAS, the Surveillance Technology Reports satisfy the requirements of the Ordinance.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council hereby accepts the Surveillance Technology Reports for Body Worn Cameras, GPS Trackers, Fixed Surveillance Video Cameras, Parking Enforcement Officer Automated License Plate Readers, the Street Level Imagery Project, Unmanned Aerial Systems, and Fixed Automated License Plate Readers.

ATTACHMENT 2

Surveillance Technology Report: Body Worn Cameras
October 1, 2024 – Sept. 30, 2025
Description A description of all non-privileged and non-confidential information about use of the Surveillance Technology, including but not limited to the quantity of data gathered and sharing of data, if any, with outside entities. If sharing has occurred, the report shall include general, non-privileged and non-confidential information about recipient entities, including the names of the entities and purposes for such sharing.

Body Worn Cameras are used to capture video recordings of contacts between department personnel and the public, to provide an objective record of these events. These recording are used in support of criminal prosecutions, to limit civil liability, increase transparency and enhance professionalism and accountability in the delivery of police services to the community. Body Worn Camera (BWC) files are shared with the Alameda County District Attorney’s office in support of prosecution for crime and may be shared with other law enforcement agencies to support criminal investigations.

Policy regarding activation of the Body Worn Camera BPD Policy 425.7 Members shall activate the BWC as required by this policy in (a)-(f) below and may activate the BWC at any time the member believes it would be appropriate or valuable to record an incident within the limits of privacy described herein.

The BWC shall be activated in any of the following situations:
(a) All in-person enforcement and investigative contacts including pedestrian stops and field interview (FI) situations.
(b) Traffic stops including, but not limited to, traffic violations, stranded motorist assistance and all crime interdiction stops.
(c) Self-initiated field contacts in which a member would normally notify the Communications Center.
(d) Any search activity, including the service of search or arrest warrants; probation, parole, or consent searches where the member is seeking evidence of an offense, or conducting a safety sweep or community caretaking sweep of the premises. Once a location has been secured and the member is not interacting with detainees or arrestees, the member may mute their BWC when conducting a search for evidence.

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(e) Any other contact that the member determines has become adversarial after the initial contact in a situation where the member would not otherwise activate BWC recording.
(f) Transporting any detained or arrested person and where a member facilitates entry into or out of a vehicle, or any time the member expects to have physical contact with that person.

What data is captured by this technology:

BWC use is limited to enforcement and investigative activities involving members of the public. The BWC recordings will capture video and audio evidence for use in criminal investigations, administrative reviews, training, civil litigation, and other proceedings protected by confidentiality laws and department policy.

Improper use or release of BWC recordings may compromise ongoing criminal and administrative investigations or violate the privacy rights of those recorded and is prohibited.

How the data is stored:

BWC videos are stored on a secure server. All BWC data will be uploaded and stored on Axon Cloud Services, Evidence.com. Axon complies with the EU-U.S.

Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States (collectively, “Privacy Shield”). Axon has certified to the U.S. Department of Commerce that it adheres to the Privacy Shield Principles.

Retention duration of digital data:

All BWC videos and digital evidence are assigned a category. The categories are used to organize data. Each category also defines the retention duration. The category definitions and retention durations are as follows:

Category Retention Duration
Uncategorized Until manually deleted
187 / Felony Sex Assault Until manually deleted
Civil / City / Non-Evidence 1 year
Collision 2 years
Consent / Aid 108 weeks
Detention / Warrant Only 108 weeks
Felony Evidence 5 years

ATTACHMENT 2

Litigation Until manually deleted
Misdemeanor Evidence 2 years
Officer Injury Until manually deleted
OIS / Critical Incident Until manually deleted
Pe
nding Review Until
manually deleted
Personnel / VSA 3 years
Personnel Complaint Until manually deleted
Traffic Stop 108 weeks
Training 60 days
Use of Force 108 weeks

Summary of Body Worn Camera Videos Uploaded Oct. 1, 2024 to Sept. 30, 2025:

Metric Value
Number of BWC Videos 67,803
Hours of Videos 15,853
GB of Videos 27,561

Summary of all other active digital evidence uploaded, Oct. 1, 2024 to Sept. 30, 2025:

Type File Count
Audio 1,509
Document 2,745
Image 70,854
Other 1,188
Other Video* 9,870
Total 86,166
* Includes all uploaded non-BWC videos and other videos booked into the evidence management system. Other videos include iPhone videos, security camera video, and copies of BWC videos (for redaction, etc.).

Geographic
Deployment
Where applicable, non-privileged and non-confidential information about where the surveillance technology was deployed geographically.

Body Worn Cameras are worn by all BPD uniformed officers city-wide at all times; BWC’s are not deployed based on geographic considerations.

Complaints A summary of each complaint, if any, received by the City about the Surveillance Technology.

ATTACHMENT 2

There have been no complaints about the deployment and use of Body Worn Cameras.

Audits and
Violations

The results of any non-privileged internal audits, any information about violations or potential violations of the Surveillance Use Policy, and any actions taken in response.

File meta-data are routinely reviewed by our BWC manager, to ensure required metadata fields are completed. There have been no complaints with regards to violations of the Surveillance Use Policy.

Data
Breaches

Non-privileged and non-confidential information about any data breaches or other unauthorized access to the data collected by the surveillance technology, including information about the scope of the breach and the actions taken in response.

There have been no known data breaches or other unauthorized access to BWC data.

Effectiveness

Information that helps the community assess whether the Surveillance Technology has been effective in achieving its identified outcomes.

Body Worn Cameras have proven effective in supporting criminal prosecutions, as video footage is available for all criminal prosecutions. Body Worn Cameras have been effective for training purposes, as footage can be reviewed in incident de-briefs. Body Worn Cameras have been extremely effective in support of Internal Affairs investigations and Use of Force Review.

Costs

Total annual costs for the Surveillance Technology, including personnel and other ongoing costs.

The annual cost for the Body Worn Cameras, including cameras, replacement cameras, software, and Axon’s secure digital evidence management system is $222,442 per year over a five-year, $1,112,213 contract. The contract started in 2022 and will expire in August, 2026. There is one full-time employee assigned to the BWC program, an Applications Programmer Analyst II, at a cost of $168,940 per year, including benefits.

ATTACHMENT 3

Surveillance Technology Report: Global Positioning System Tracking Devices October 1, 2024 – Sept. 30, 2025
Description A description of all non-privileged and non-confidential information about use of the Surveillance Technology, including but not limited to the quantity of data gathered and sharing of data, if any, with outside entities. If sharing has occurred, the report shall include general, non-privileged and non-confidential information about recipient entities, including the names of the entities and purposes for such sharing.

Global Positioning System Trackers are used to track the movements of vehicles, bicycles, other items, and/or individuals.

What data is captured by this technology:

A GPS Tracker data record consists of date, time, latitude, longitude, map address, and tracker identification label. The data does not contain any images, names of subjects, vehicle information or other identifying information on individuals.

How the data is stored:

The data from the GPS tracker is encrypted by the vendor. The data is only accessible through a secure website to BPD personnel who have been granted security access.

Retention period of data:

Tracker data received from the vendor shall be kept in accordance with applicable laws, BPD policies that do not conflict with applicable law or court order, and/or as specified in a search warrant.

The Global Positioning System “Electronic Stake Out” (ESO) devices were not deployed during this reporting period.

COVERTTRACK Stealth V GPS devices were used in four separate investigations during this reporting period:
 An investigation of a shooting. The suspect was arrested for PC 245 numerous other violations.
 An investigation of a carjacking. The suspect was arrested for PC 215 (via gun) and firearm violations.

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 An investigation of a robbery. The suspect was arrested for PC 211 and multiple counts of PC 459/PC 487 (Organized Retail Theft).
 An investigation of a robbery. The investigation is ongoing.

Data may be shared with the District Attorney’s Office for use as evidence to aid in prosecution, in accordance with laws governing evidence; other law enforcement personnel as a part of an active criminal investigation; and other third parties, pursuant to a court order.

Geographic
Deployment
Where applicable, non-privileged and non-confidential information about where the surveillance technology was deployed geographically.

COVERTTRACK Stealth V GPS devices are deployed with judicial pre-approval, based on suspect location, rather than geographical consideration.

Complaints A summary of each complaint, if any, received by the City about the Surveillance Technology.

There were no complaints made regarding GPS Trackers.

Audits and
Violations
The results of any non-privileged internal audits, any information about violations or potential violations of the Surveillance Use Policy, and any actions taken in response.

There were no known violations relating to GPS Trackers.

Data
Breaches
Non-privileged and non-confidential information about any data breaches or other unauthorized access to the data collected by the surveillance technology, including information about the scope of the breach and the actions taken in response.

There were no known data breaches relating to GPS Trackers.

Effectiveness Information that helps the community assess whether the Surveillance Technology has been effective in achieving its identified outcomes.

The GPS ESO trackers were not used during this time period. The program was suspended in mid-March 2020 due to the COVID-19 pandemic and has not been reimplemented. Our subscription was renewed and we upgraded our equipment, however, we have not used the trackers during this reporting period.

COVERTTRACK Stealth V GPS trackers are effective in that they provide invaluable information on suspect vehicle locations. During complex investigations, many suspects are moving throughout the Bay area and beyond.

These devices assist investigators with developing information regarding suspect locations that may never have been discovered without GPS assistance.

ATTACHMENT 3

GPS trackers greatly reduce costs associated with surveillance operations.

Surveillance operations generally involve three or more officers for the entire duration of an operation. A moving surveillance is extremely resource-intensive, requiring multiple officers in multiple vehicles for extended periods of time.

Evidence can be fleeting, and GPS trackers allow officers to investigate in a timely manner. GPS trackers have assisted officers with recovering evidence that may have been removed or discarded if officers were unable to quickly develop a location for a suspect.

Costs Total annual costs for the Surveillance Technology, including personnel and other ongoing costs.

The annual cost for the COVERTTRACK Stealth V GPS data service is $1,834.53.

There was no cost for the GPS “Electronic Stake Out” (ESO) this year. In April of 2022, the police department paid $2,364.88 to upgrade the devices and for three years of tracking service.

There are staff time costs associated with preparing and placing COVERTTRACK GPS trackers. The investigator must prepare a search warrant and obtain a judge’s approval, and a small number of officers must place the tracker on the suspect’s car. The total number of hours is a fraction of the time it would take to do a full surveillance operation involving numerous officers.

There are staff time costs associated with preparing ESO trackers and placing ESO tracker-equipped bikes for bait bike operations. The time associated to prepare an ESO GPS equipped surveillance is approximately two-four hours. The total number of hours is extremely small, given the large number of operations, and resulting arrests from prior cases.

ATTACHMENT 4

Surveillance Technology Report: External Fixed Surveillance Video Cameras October 1, 2024 – Sept. 30, 2025
Description A description of all non-privileged and non-confidential information about use of the Surveillance Technology, including but not limited to the quantity of data gathered and sharing of data, if any, with outside entities. If sharing has occurred, the report shall include general, non-privileged and non-confidential information about recipient entities, including the names of the entities and purposes for such sharing.

External fixed surveillance cameras record video (without audio) to support investigations. Officers can view live feeds and access recordings stored for up to 180 days. These cameras provide situational awareness during active incidents and supply evidence that strengthens investigations and helps the District Attorney make charging decisions.

What data is captured by this technology:

The external fixed surveillance cameras record and capture non-audio activity (data) for the following purposes:
i. To address identified areas of criminal activity.
ii. To respond to critical incidents.
iii. To assist in identifying, apprehending and prosecuting offenders. iv. To document officer and offender conduct during interactions to safeguard the rights of the public and officers.
v. To monitor pedestrian and vehicle traffic activity in order to assist with traffic related investigations.
vi. To document employee, employer, and/or customer conduct during interactions to safeguard the employee, employer, and customer from misconduct.

How the data is stored:

The data on the external fixed video surveillance cameras is stored in secure servers that are managed by the City of Berkeley Radio Shop. Each camera system (San Pablo Park, Berkeley Marina, University Avenue and Sixth Street) has its own respective server for data storage.

ATTACHMENT 4

Retention period of data:

Video surveillance recordings are not government records pursuant to California Government Code 34090 in and of themselves. Except as otherwise permitted in this section, video surveillance recordings shall be purged within one hundred and eighty (180) days of recording.

The external fixed video surveillance cameras at University Avenue and Sixth Street were accessed 17 times during this reporting period for investigations of robbery and assault with a deadly weapon cases.

The external fixed video surveillance cameras at San Pablo Park were accessed 15 times during this reporting period for investigations of homicide, robbery, property crime and traffic cases.

The external fixed video surveillance cameras at the Berkeley Marina were accessed 24 times during this reporting period for investigations of property crimes and robbery cases.

The Avigilon platform was accessed 5 times for administrative reasons during this reporting period.

Data may be shared with the District Attorney’s Office for use as evidence to aid in prosecution, in accordance with laws governing evidence; other law enforcement personnel as a part of an active criminal investigation; and other third parties, pursuant to a court order.

Geographic
Deployment
Where applicable, non-privileged and non-confidential information about where the surveillance technology was deployed geographically.

The external fixed video surveillance cameras are geographically deployed at San Pablo Park, the Berkeley Marina, and at the intersection of University Avenue and Sixth Street.

Complaints A summary of each complaint, if any, received by the City about the Surveillance Technology.

There were no known complaints associated with the external fixed video surveillance cameras.

Audits and
Violations
The results of any non-privileged internal audits, any information about violations or potential violations of the Surveillance Use Policy, and any actions taken in response.

The required audits were completed and are attached below.

ATTACHMENT 4

Data
Breaches
Non-privileged and non-confidential information about any data breaches or other unauthorized access to the data collected by the surveillance technology, including information about the scope of the breach and the actions taken in response.

There were no known data breaches related to the external fixed video surveillance cameras.

Effectiveness Information that helps the community assess whether the Surveillance Technology has been effective in achieving its identified outcomes.

External fixed video surveillance cameras monitor pedestrian and vehicle activity and can assist investigators with criminal and traffic related investigations. The cameras are also meant to prevent and deter criminal activity and augment police resources in a cost-effective manner.

Costs Total annual costs for the Surveillance Technology, including personnel and other ongoing costs.

The initial cost of the San Pablo Park Cameras was $64,829.46 The initial cost of the Marina cameras was $106,620.14
The annual cost for maintenance and other ongoing costs, including compliance and other reporting and oversight requirements is $13,443.20.

The amount originally made available for the Edgeworth contract was $600,000.

ATTACHMENT 4

Berkeley Police Department Memorandum

To: Chief Louis
From: Arlo Malmberg, Strategic Planning and Accountability Manager RE: Avigilon Surveillance Camera Audit – July 2024 to December 2024

OVERVIEW
The Berkeley Police Department's Strategic Planning and Accountability Manager conducted an audit of the Avigilon camera system to assess compliance with Policy 1304, Surveillance Use Policy – External Fixed Video Surveillance Cameras. The audit scope included access records for the Avigilon camera system between July 1, 2024 and December 31, 2024 at the following locations: Marina, San Pablo Park, and the intersection of 6th Street and University Avenue. The audit methodology involved analyzing these access records for unauthorized access, data breaches, and prohibited uses.

The audit found full compliance with Policy 1304, with no instances of unauthorized access, data breaches, data errors, or prohibited uses detected. All system access was made by authorized personnel as stipulated in the policy.

BACKGROUND
Policy 1304 requires that surveillance camera data may only be accessed by trained and authorized BPD members for legitimate law enforcement purposes. Prohibited uses include discriminatory targeting, unauthorized dissemination of video footage, or surveillance inconsistent with civil liberties protections

SCOPE AND METHODOLOGY
The scope of this audit included all access records for the Avigilon camera system between July 1, 2024 and December 31, 2024.

The audit methodology involved:

1. Retrieving Avigilon camera system access records for the specified timeframe from the Avigilon platform.

ATTACHMENT 4

2. Analyzing the records for any instances of unauthorized access, data breaches, or prohibited uses.

3. Verifying that all system access was made by authorized personnel as stipulated in Policy 1304.

SUMMARY OF FINDINGS
Objective # Audit Objectives % Meeting Standards
1 Authorized access to camera system 100%
2 No data breaches 100%
3 No prohibited uses 100%

DETAILED FINDINGS
Objective 1: Authorized access
Criteria:
1304.4 DATA ACCESS: “Access to video surveillance cameras data shall be limited to BPD personnel utilizing the camera database for uses described above and pursuant to Use Policy 351”
Inspection Procedure:
 Review all access records for the Avigilon camera system during the audit period.  Verify that all access was made by authorized personnel.

Findings:
 All access by BPD staff to the Avigilon camera system was made by authorized personnel.
 System maintenance access by other City of Berkeley staff was also noted.

Recommendations:
 None. The 100% compliance rate meets department standards.

ATTACHMENT 4

Objective 2: No prohibited uses
Criteria:
1304.11 AUDITING AND OVERSIGHT: " BPD will enforce against prohibited uses of this policy pursuant to Policy 1010, Personnel Complaints or other applicable law or policy. The City Manager shall enforce against any prohibited use of the cameras and/or access to data by other City of Berkeley personnel.”
Inspection Procedure:
 Review access records for any indication of prohibited uses of the camera system or data.

Findings:
 No prohibited uses of the camera system or associated data were detected during the audit period.
o Marina: 3 accesses, all for property crime investigations. o San Pablo Park: 23 accesses, including 9 for homicide investigations, 3 for robbery investigations, 3 for traffic investigations, 2 for property crimes investigations, and 6 accesses for administrative purposes.
o 6th Street & University: 6 accesses, including 2 for robbery investigations, 2 for traffic investigations, 1 for a property crime investigation and 1 for a homicide investigation.

Recommendations:
 None. The 100% compliance rate meets department standards.

ATTACHMENT 4

Berkeley Police Department Memorandum

To: Chief Louis
From: Arlo Malmberg, Strategic Planning and Accountability Manager RE: Avigilon Surveillance Camera Audit – January 2025 to June 2025

OVERVIEW
The Berkeley Police Department's Strategic Planning and Accountability Manager conducted an audit of the Avigilon camera system to assess compliance with Policy 1304, Surveillance Use Policy – External Fixed Video Surveillance Cameras. The audit scope included access records for the Avigilon camera system between January 1, 2025 and June 30, 2025 at the following locations: Marina, San Pablo Park, and the intersection of 6th Street and University Avenue. The audit methodology involved analyzing these access records for unauthorized access, data breaches, and prohibited uses.

The audit found full compliance with Policy 1304, with no instances of unauthorized access, data breaches, data errors, or prohibited uses detected. All system access was made by authorized personnel as stipulated in the policy.

BACKGROUND
Policy 1304 requires that surveillance camera data may only be accessed by trained and authorized BPD members for legitimate law enforcement purposes. Prohibited uses include discriminatory targeting, unauthorized dissemination of video footage, or surveillance inconsistent with civil liberties protections

SCOPE AND METHODOLOGY
The scope of this audit included all access records for the Avigilon camera system between January 1, 2025 and June 30, 2025.

The audit methodology involved:

1. Retrieving Avigilon camera system access records for the specified timeframe from the Avigilon platform.

ATTACHMENT 4

2. Analyzing the records for any instances of unauthorized access, data breaches, or prohibited uses.

3. Verifying that all system access was made by authorized personnel as stipulated in Policy 1304.

SUMMARY OF FINDINGS
Objective # Audit Objectives % Meeting Standards
1 Authorized access to camera system 100%
2 No data breaches 100%
3 No prohibited uses 100%

DETAILED FINDINGS
Objective 1: Authorized access
Criteria:
1304.4 DATA ACCESS: “Access to video surveillance cameras data shall be limited to BPD personnel utilizing the camera database for uses described above and pursuant to Use Policy 351”
Inspection Procedure:
 Review all access records for the Avigilon camera system during the audit period.  Verify that all access was made by authorized personnel.

Findings:
 All access by BPD staff to the Avigilon camera system was made by authorized personnel.
 System maintenance access by other City of Berkeley staff was also noted.

Recommendations:
 None. The 100% compliance rate meets department standards.

ATTACHMENT 4

Objective 2: No prohibited uses
Criteria:
1304.11 AUDITING AND OVERSIGHT: " BPD will enforce against prohibited uses of this policy pursuant to Policy 1010, Personnel Complaints or other applicable law or policy. The City Manager shall enforce against any prohibited use of the cameras and/or access to data by other City of Berkeley personnel.”
Inspection Procedure:
 Review access records for any indication of prohibited uses of the camera system or data.

Findings:
 No prohibited uses of the camera system or associated data were detected during the audit period.
o Marina: 14 accesses, including 12 for property crimes investigations and 2 for robbery investigations.
o San Pablo Park: 9 accesses, including 4 for robbery investigations, 3 for property crime investigations, and 1 for a traffic investigation, and 1 for a disturbance investigation. o 6th Street & University: 5 accesses, including 3 for robbery investigations and 2 for assault with a deadly weapon investigations.

Recommendations:
 None. The 100% compliance rate meets department standards.

ATTACHMENT 5

Surveillance Technology Report: PEO Automated License Plate Readers October 1, 2024 – Sept. 30, 2025
Description A description of all non-privileged and non-confidential information about use of the Surveillance Technology, including but not limited to the quantity of data gathered and sharing of data, if any, with outside entities. If sharing has occurred, the report shall include general, non-privileged and non-confidential information about recipient entities, including the names of the entities and purposes for such sharing.

Automated License Plate Readers (ALPRs) are used by Parking Enforcement Officers (PEOs) for time zone parking. The City’s Transportation Division uses anonymized information for purposes of supporting the City’s Go Berkeley parking management program. PEO ALPR use replaced the practice of physically “chalking” tires, which a more effective means of identifying violators.

What data is captured by this technology:

ALPR technology functions by automatically capturing an image of a vehicle's license plate, transforming that image into alphanumeric characters using optical character recognition software, and storing that information, along with relevant metadata (e.g. geo-location and temporal information, as well as data about the PEO ALPR).

How the data is stored:

The data is stored on a secure server by the vendor.

Retention period of data:

During this reporting period collected images and metadata of hits were stored no more than 365 days. Reads and metadata of reads were not stored more than 14 days in accordance with policy 1302. Current use policy adopted September 13, 2022 sets new retention periods that are now in effect.

Summary of PEO ALPR Time Zone Enforcement Data
Genetec is the vendor for the PEO ALPR Time Zone enforcement system. A “read” indicates the PEO ALPR system successfully read a license plate. The information that is generated when a plate is viewed by the PEO ALPR camera is the license plate number, state and geographical (GPS) location it was viewed.

A “hit” indicates the PEO ALPR system detected a possible violation, which prompts the Parking Enforcement Officer to further assess the vehicle. At hit is

ATTACHMENT 5

when the read information is recognized as a license plate that matches, or does not match an entry in a list such as permit list or the stolen vehicle “hot list”. In many cases, hits are “rejected” or “not enforced”, meaning no enforcement action is taken, because the Parking Enforcement Officer determines the vehicle has an appropriate placard or permit, or there is other information or assignment which precludes citation.

The following are key statistics for this reporting period:
 2,901,622 reads
 117,937 hits
 41,734 enforced hits resulted in citation issuance.
 1,519 not-enforced hits due to either, 1) PEO ALPR experiencing technical issues and PEO unable to validate the hit in the system, which only gives option to not enforce, or 2) PEO error in accepting the hit initially.
 74,684 hits were not acted upon for a variety of reasons including but not limited to:
o Customer comes out to move a vehicle. PEO’s are directed not to issue that citation.
o PEO gets to the dashboard and sees a permit not visible from a previous location.
o PEO does a vehicle evaluation and confirms that the
vehicle moved from the hit location (e.g. across the street within GPS range).
o Stolen car.
o Similar plates.
o GIG cars or Revel scooters.
o PEOs mistakenly leave their PEO ALPR on collecting data, but leave the area being enforced to drive to another location on another assignment, such as a traffic post at a collision scene.

ATTACHMENT 5

All BPD PEO ALPR data may only be shared with other law enforcement or prosecutorial agencies for official law enforcement purposes, or as otherwise permitted by department policy and law. All PEO ALPR data is subject to the provisions of BPD Policy 415 - Immigration Law, and therefore may not be shared with federal immigration enforcement officials.

During this reporting period there were no law enforcement investigative vehicle inquiries.

Geographic
Deployment
Where applicable, non-privileged and non-confidential information about where the surveillance technology was deployed geographically.

Only Parking Enforcement Vehicles are equipped with PEO ALPRs. PEO ALPRs are deployed based on areas where there are parking time restrictions. PEO ALPRs are not deployed based on geographic considerations not related to parking enforcement.

Complaints A summary of each complaint, if any, received by the City about the Surveillance Technology.

There have been no complaints about the deployment and use of Automated License Plate Readers.

Audits and
Violations
The results of any non-privileged internal audits, any information about violations or potential violations of the Surveillance Use Policy, and any actions taken in response.

The required audits were completed and are attached below.

Data
Breaches
Non-privileged and non-confidential information about any data breaches or other unauthorized access to the data collected by the surveillance technology, including information about the scope of the breach and the actions taken in response.

There have been no known data breaches or other unauthorized access to Automated License Plate Reader data.

Effectiveness Information that helps the community assess whether the Surveillance Technology has been effective in achieving its identified outcomes.

PEO ALPRs have proven effective in parking enforcement for time zone enforcement.

The PEO ALPRs’ ability to read and check license plates while being driven greatly increases efficiency, allowing an operator to cover larger areas more quickly without having to stop except to confirm a hit.

ATTACHMENT 5

An additional benefit of the Parking Enforcement PEO ALPR system is that sometimes hits indicate a possible stolen vehicle. These hits allow for the timelier recovery of stolen vehicles in the City of Berkeley.

Costs Total annual costs for the Surveillance Technology, including personnel and other ongoing costs.

The annual system maintenance cost for Genetec is $51,720. This cost is borne by the Transportation Division, which covers warranties, support, and cellular connection costs.

Genetec PEO ALPR units are installed on 22 Parking Enforcement vehicles.

Parking Enforcement personnel perform a variety of parking enforcement activities and are not limited solely to time zone enforcement. Therefore, personnel costs specifically attributable to time zone enforcement are not tracked.

ATTACHMENT 5

Berkeley Police Department Memorandum

To: Chief Louis
From: Arlo Malmberg, Strategic Planning and Accountability Manager RE: Genetec Automated License Plate Reader Audit – July 2024 to December 2024

OVERVIEW
The Berkeley Police Department's Strategic Planning and Accountability Manager conducted an audit of the Genetec ALPR system to assess compliance with Policy 1302, Surveillance Use Policy – Automated License Plate Reader (ALPR). The audit scope included access records for the Genetec ALPR system between July 1, 2024 and December 31, 2024. The audit methodology involved analyzing these access records for unauthorized access, data breaches, and prohibited uses.

The audit found full compliance with Policy 1302, with no instances of unauthorized access, data breaches, data errors, or prohibited uses detected. All system access was made by authorized personnel as stipulated in the policy.

BACKGROUND
Policy 1302 outlines the requirements for use and access to the Genetec ALPR systems by Parking Enforcement Officers. The policy mandates biannual audits of the ALPR system to ensure compliance and detect any unauthorized access or data breaches.

SCOPE AND METHODOLOGY
The scope of this audit included all access records for the Genetec ALPR system between July 1, 2024 and December 31, 2024.

The audit methodology involved:

1. Retrieving Genetec ALPR system access records for the specified timeframe from the Parking Enforcement Manager.

2. Analyzing the records for any instances of unauthorized access, data breaches, or prohibited uses.

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3. Verifying that all system access was made by authorized personnel as stipulated in Policy 1302.

SUMMARY OF FINDINGS
Objective # Audit Objectives % Meeting Standards
1 Authorized access to ALPR system 100%
2 No data breaches 100%
3 No prohibited uses 100%

DETAILED FINDINGS
Objective 1: Authorized access to ALPR system
Criteria:
1302.5 DATA ACCESS (a): "Only properly trained Parking Enforcement Officers, Sworn Officers as selected by the Investigation's Division Captain, and Information Technology personnel are allowed access to the Genetec ALPR system or to collect ALPR information.” Inspection Procedure:
 Review all access records for the Genetec ALPR system during the audit period.  Verify that all access was made by authorized personnel.

Findings:
 All access to the Genetec ALPR system was made by authorized personnel  System maintenance access by Genetec personnel and City of Berkeley IT was also noted and deemed appropriate.

Recommendations:
 None. The 100% compliance rate meets department standards.

Objective 2: No data breaches

ATTACHMENT 5

Criteria:
1302.11 AUDITING AND OVERSIGHT (1): “Any unauthorized access or data breach shall be reported immediately to the City Manager...”
Inspection Procedure:
 Analyze access records for any signs of data breaches.  Confirm with the Parking Enforcement Manager that no data breaches were reported during the audit period.

Findings:
 No data breaches were detected or reported during the audit period.

Recommendations:
 None. The 100% compliance rate meets department standards.

Objective 3: No prohibited uses
Criteria:
1302.11 AUDITING AND OVERSIGHT (1): “...BPD will enforce against prohibited uses of the Genetec ALPR system, associated ALPR Read and Hit metadata, and lists and databases pursuant to Policy P-26, or other applicable law or policy.” Inspection Procedure:
 Review access records for any indication of prohibited uses of the ALPR system.

Findings:
 No prohibited uses of the ALPR system or associated data were detected during the audit period.
 Most system accesses were by Genetec personnel for IT support and user management. The remaining accesses were primarily by the Parking Enforcement Manager and Supervisors for reviewing system configurations.

Recommendations:
 None. The 100% compliance rate meets department standards.

ATTACHMENT 5

Berkeley Police Department Memorandum

To: Chief Louis
From: Arlo Malmberg, Strategic Planning and Accountability Manager RE: Genetec Automated License Plate Reader Audit – January 2025 to June 2025

OVERVIEW
The Berkeley Police Department's Strategic Planning and Accountability Manager conducted an audit of the Genetec ALPR system to assess compliance with Policy 1302, Surveillance Use Policy – Automated License Plate Reader (ALPR). The audit scope included access records for the Genetec ALPR system between January 1, 2025 and June 30, 2025. The audit methodology involved analyzing these access records for unauthorized access, data breaches, and prohibited uses.

The audit found full compliance with Policy 1302, with no instances of unauthorized access, data breaches, data errors, or prohibited uses detected. All system access was made by authorized personnel as stipulated in the policy.

BACKGROUND
Policy 1302 outlines the requirements for use and access to the Genetec ALPR systems by Parking Enforcement Officers. The policy mandates biannual audits of the ALPR system to ensure compliance and detect any unauthorized access or data breaches.

SCOPE AND METHODOLOGY
The scope of this audit included all access records for the Genetec ALPR system between January 1, 2025 and June 30, 2025.

The audit methodology involved:

1. Retrieving Genetec ALPR system access records for the specified timeframe from the Parking Enforcement Manager.

2. Analyzing the records for any instances of unauthorized access, data breaches, or prohibited uses.

ATTACHMENT 5

3. Verifying that all system access was made by authorized personnel as stipulated in Policy 1302.

SUMMARY OF FINDINGS
Objective # Audit Objectives % Meeting Standards
1 Authorized access to ALPR system 100%
2 No data breaches 100%
3 No prohibited uses 100%

DETAILED FINDINGS
Objective 1: Authorized access to ALPR system
Criteria:
1302.5 DATA ACCESS (a): "Only properly trained Parking Enforcement Officers, Sworn Officers as selected by the Investigation's Division Captain, and Information Technology personnel are allowed access to the Genetec ALPR system or to collect ALPR information.” Inspection Procedure:
 Review all access records for the Genetec ALPR system during the audit period.  Verify that all access was made by authorized personnel.

Findings:
 All access to the Genetec ALPR system was made by authorized personnel  System maintenance access by Genetec personnel and City of Berkeley IT was also noted and deemed appropriate.

Recommendations:
 None. The 100% compliance rate meets department standards.

Objective 2: No data breaches

ATTACHMENT 5

Criteria:
1302.11 AUDITING AND OVERSIGHT (1): “Any unauthorized access or data breach shall be reported immediately to the City Manager...”
Inspection Procedure:
 Analyze access records for any signs of data breaches.  Confirm with the Parking Enforcement Manager that no data breaches were reported during the audit period.

Findings:
 No data breaches were detected or reported during the audit period.

Recommendations:
 None. The 100% compliance rate meets department standards.

Objective 3: No prohibited uses
Criteria:
1302.11 AUDITING AND OVERSIGHT (1): “...BPD will enforce against prohibited uses of the Genetec ALPR system, associated ALPR Read and Hit metadata, and lists and databases pursuant to Policy P-26, or other applicable law or policy.” Inspection Procedure:
 Review access records for any indication of prohibited uses of the ALPR system.

Findings:
 No prohibited uses of the ALPR system or associated data were detected during the audit period.
 Most system accesses were by Genetec personnel for IT support and user management. The remaining accesses were primarily by the Parking Enforcement Manager and Supervisors for reviewing system configurations.

Recommendations:
 None. The 100% compliance rate meets department standards.

ATTACHMENT 6

Surveillance Technology Report: Street Level Imagery Project October 1, 2024 – Sept. 30, 2025
Description A description of all non-privileged and non-confidential information about the use of the Surveillance Technology, including but not limited to the quantity of data gathered and sharing of data, if any, with outside entities. If sharing has occurred, the report will include general, non- privileged and non-confidential information about recipient entities, including the names of the entities and purposes for such sharing.

Street level imagery is utilized exclusively by authorized City staff for infrastructure asset management and planning activities. The street level imagery of City infrastructure assets in the Public Right of Way that is provided to the City will not consist of information that is capable of being associated with any individual or group.

Geographic
Deployment
Where applicable, non-privileged and non-confidential information about where the surveillance technology was deployed geographically.

Street level imagery was collected by driving through the entire community over a three week period in December of 2020. It is accessible to the City through a proprietary third-party application, Street Smart TM.

Complaints A summary of each complaint, if any, received by the City about the Surveillance Technology.

There have been no complaints about the use of Street Smart TM.

Audits and
Violations
The results of any non-privileged internal audits, any information about violations or potential violations of the Surveillance Use Policy, and any actions taken in response.

There have been no complaints with regards to the Street Level Imagery Project.

Data
Breaches
Non-privileged and non-confidential information about any data breaches or other unauthorized access to the data collected by the surveillance technology, including information about the scope of the breach and the actions taken in response.

There have been no known data breaches or other unauthorized access to Cyclomedia Street Level Imagery data.

Effectiveness Information that helps the community assess whether the Surveillance Technology has been effective in achieving its identified outcomes.

Staff considered hiring contractors to use GPS in the field to create and update the infrastructure asset GIS data. This method is costly and time consuming.

Cyclomedia’s unique and patented processing techniques allow positionally-

ATTACHMENT 6

accurate GIS data to be collected in a cost-effective way and over a shorter period of time than a “boots on the ground” GPS field survey.

The Imagery extracted the following Citywide Infrastructure assets to create accurate and current Geographic Information Systems (GIS) data inventories:
• Bus pads / stops • Pavement marking • Maintenance Access Holes • Storm drains • Pavement Striping • Signs • Curb paint color • Street trees • Parking meters • Traffic lights • Pedestrian Signal
The street level imagery captured was used to:

Create a street sign GIS layer with condition assessment to support compliance with the Manual on Uniform Traffic Control Devices Code and provide an accurate inventory of City signs. The prior sign inventory is contained in a spreadsheet that does not have accurate location data.

Created a curb color layer with condition assessment to indicate where there are red, yellow, blue, white and green colors. This is critical to support Public Safety.

Created pavement striping and paint symbol layers to support Transportation Planning and Vision Zero.

Benefits:

The data from the street level imagery was integrated into the City’s work order and asset management system for planning activities and to document repair and maintenance.

Planners can use the street level imagery provided to the City to take measurements remotely, such as sidewalk width and public right of way impacts at proposed development locations.

The data provides a comprehensive snapshot of the City that would be helpful for cost recovery in the event of a major disaster.

ATTACHMENT 6

City staff can use the street level imagery to plan the location of road markings for pedestrian crossings, bike lanes or other striping.

City staff can remotely take accurate measurements of infrastructure assets to adequately plan for repair and replacement.

City staff can use street level imagery to enhance community engagement. The street level imagery can be used to identify and depict the impact of development such as an intersection restriping plan in order to article before and after conditions.

Costs Total annual costs for the Surveillance Technology, including personnel and other ongoing costs.

The total cost of the system is $232,611 and is itemized below.

Year No. Description Cost Notes
1 Licenses $48,000 Resolution No: 69,482-N.S.
30JUN20
1 Professional Services for
asset extraction $139,401 Resolution No: 69,482-N.S.
30JUN20
2 Licenses and Support –
One-Time $41,100 Resolution No: 70,487-N.S.
26JUL22
3 License and Support –
Ongoing Annual Costs $4,110 Resolution No: 70,487-N.S.
26JUL22
4 License and Support –
Ongoing Annual Costs $4,110 Resolution No: 70,487-N.S.
26JUL22
5 License and Support –
Ongoing Annual Costs $4,110 Resolution No: 70,487-N.S.
26JUL22

ATTACHMENT 7

Surveillance Technology Report: Unmanned Aerial Systems October 1, 2024 – Sept. 30, 2025
Description A description of all non-privileged and non-confidential information about use of the Surveillance Technology, including but not limited to the quantity of data gathered and sharing of data, if any, with outside entities. If sharing has occurred, the report shall include general, non-privileged and non-confidential information about recipient entities, including the names of the entities and purposes for such sharing.

Unmanned Aerial Systems (UAS) also commonly referred to as a drone are requested pursuant to our Mutual Assistance protocols. If a situation arises wherein the safety to the community, officers, or the offender can be increased through the means of de-escalation (adding time and distance to the situation) a supervisor can make the request. During this reporting period, the Police Department sought mutual assistance for drones on 5 occasions.

What data is captured by this technology:

Unmanned Aerial Systems are owned and operated by the respective agency.

While each piece of equipment is unique, generally UAS can both record video and audio, while transmitting the data to the operator, thereby qualifying as a piece of Surveillance Technology pursuant to BMC 2.99.020.

How the data is stored:

During this reporting period Concord Police Department (CPD), Oakland Police Department (OPD), and Danville Police Department (DPD) assisted the Berkeley Police Department by providing drones. Per their policy, those agencies retain images captured during a UAS mission if there is reasonable suspicion of criminal activity. BPD personnel would request that evidence from those agencies if it was needed in support of criminal activity. During this reporting period no data was stored by BPD.

Retention period of data:

Policy 1303.7: If available, any data collected by the use of a UAS should be purged by BPD within 60 days if it doesn't contain any data of evidentiary value. If the data has evidentiary value, it should be uploaded into BPD's evidence database and kept pursuant to the established retention guidelines set forth in policy 804-Records Maintenance and Release.

Summary of Uses of UAS

ATTACHMENT 7

 Case 24-00014436 (10/17/24, Antioch): Antioch PD drone deployed during a high-risk homicide warrant service. Use aligned with policy provisions for high-risk warrant service.
 Case 24-00049593 (10/23/24, Berkeley): San Francisco PD drone deployed during high-risk warrant service requested by SFPD for a burglary suspect with prior firearms history. Use aligned with policy provisions for high-risk warrant service.
 Case 25-00010214 (3/5/25, Antioch): Antioch PD drone deployed during a high-risk homicide warrant service. Use aligned with policy provisions for high-risk warrant service.
 Case 25-00012777 (3/20/25, Oakland): Oakland PD drone deployed during a high-risk warrant service for armed robbery suspects. Use aligned with policy provisions for high-risk warrant service.
 Case 25-00027771 (9/3/25, San Francisco): San Francisco PD drone deployed during BPD SRT operation to serve a high-risk arrest and search warrant. Use aligned with policy provisions for high-risk warrant service.

Geographic
Deployment
Where applicable, non-privileged and non-confidential information about where the surveillance technology was deployed geographically.

A UAS was used 5 times during this reporting period; twice in Antioch, and once in Berkeley, Oakland and San Francisco.

Complaints A summary of each complaint, if any, received by the City about the Surveillance Technology.

During this reporting period the City received no complaints about the deployment of UAS.

Audits and
Violations
The results of any non-privileged internal audits, any information about violations or potential violations of the Surveillance Use Policy, and any actions taken in response.

There were no known violations relating to the UAS Surveillance Use Policy.

Data
Breaches
Non-privileged and non-confidential information about any data breaches or other unauthorized access to the data collected by the surveillance technology, including information about the scope of the breach and the actions taken in response.

There have been no known data breaches or other unauthorized access to any of the data from UAS.

ATTACHMENT 7

Effectiveness Information that helps the community assess whether the Surveillance Technology has been effective in achieving its identified outcomes.

UAS are often used to search properties before officers. This allows officers to see video from the UAS and confirm a suspect is not waiting inside with a weapon. By sending the UAS in before officers, the risk of a confrontation that could result in death or serious injury to the suspect, others inside the house and officers, is significantly reduced.

Costs Total annual costs for the Surveillance Technology, including personnel and other ongoing costs.

The annual cost for UAS is zero as the uses were covered by the responding agencies under the Mutual Assistance agreement. The only costs associated is staff time at each respective incident, however no costs for the use of the technology were incurred. It should be noted that some agencies have indicated an intent to charge for personnel costs associated with providing a drone.

ATTACHMENT 8

Surveillance Technology Report: Fixed Automated License Plate Readers October 1, 2024 – September 30, 2025
Description A description of all non-privileged and non-confidential information about use of the Surveillance Technology, including but not limited to the quantity of data gathered and sharing of data, if any, with outside entities. If sharing has occurred, the report shall include general, non-privileged and non-confidential information about recipient entities, including the names of the entities and purposes for such sharing.

Fixed Automated License Plate Readers (ALPRs) capture images of license plates and convert them to alphanumeric characters. Each detection includes time, GPS location, plate state, and camera ID. The system flags plates against hotlists or BOLOs set by BPD for law-enforcement purposes. No facial recognition is used.

What data is captured by this technology:
 Plate image and cropped plate image
 Parsed plate number and state
 Date/time and GPS location
 Camera identifier and system metadata
How the data is stored:

Flock hosts the data in its secure cloud environment.

Retention period of data:

Retention follows BPD’s ALPR policy for fixed systems. Plate detections (“reads”) are retained 30 days. Images and metadata associated with investigative “hits” are retained 30 days unless preserved by case hold.

Summary of Fixed ALPR Data
The alert figures below represent the number of times the system flagged license plates during the reporting period. The first three categories—felony vehicle, stolen vehicle, and stolen license plate alerts—were generated through the California SVS (Stolen Vehicle System). The “hotlist alerts” reflect license plates tied to ongoing BPD investigations into specific crimes.

ATTACHMENT 8

o 73 felony vehicle alerts
o 643 stolen vehicle alerts
o 48,398 stolen license plate alerts
o 253 hotlist alerts
BPD shares ALPR data only with California law-enforcement agencies for official law-enforcement purposes, not for federal immigration enforcement. During this period, access was limited to California agencies that signed a letter agreeing to follow state law with respect to ALPR usage.

Geographic
Deployment
Where applicable, non-privileged and non-confidential information about where the surveillance technology was deployed geographically.

The 52 cameras are fixed at locations across Berkeley. Positioning focuses on city ingress/egress points and high-traffic corridors that support crime-prevention and investigative leads.

Complaints A summary of each complaint, if any, received by the City about the Surveillance Technology.

There have been no submitted complaints about the deployment and use of Automated License Plate Readers.

Audits and
Violations
The results of any non-privileged internal audits, any information about violations or potential violations of the Surveillance Use Policy, and any actions taken in response.

The required audit was completed and is attached below.

Data
Breaches
Non-privileged and non-confidential information about any data breaches or other unauthorized access to the data collected by the surveillance technology, including information about the scope of the breach and the actions taken in response.

There have been no known data breaches or other unauthorized access to Fixed Automated License Plate Reader data.

Effectiveness Information that helps the community assess whether the Surveillance Technology has been effective in achieving its identified outcomes.

Fixed ALPRs generated investigative leads for stolen vehicles and other priority cases. The network provides time-stamped detections across major corridors, which shortens suspect-vehicle identification and recovery timelines during active investigations.

ATTACHMENT 8

Costs Total annual costs for the Surveillance Technology, including personnel and other ongoing costs. $179,500 for year one, and $165,000 in year two and any subsequent years.

ATTACHMENT 8

Berkeley Police Department Memorandum

To: Chief Louis
From: Arlo Malmberg, Strategic Planning and Accountability Manager RE: Flock Automated License Plate Reader Audit – January 2025 to June 2025

OVERVIEW
The Berkeley Police Department's Strategic Planning and Accountability Manager conducted an audit of the Flock ALPR system to assess compliance with Policy 1305, Surveillance Use Policy – Fixed Automated License Plate Reader (ALPR). The audit scope included access records for the Flock ALPR system between January 1, 2025 and June 30, 2025. The audit methodology involved analyzing these access records for unauthorized access, data breaches, and prohibited uses.

The audit found 100% compliance by Berkeley PD personnel with ALPR policy and 100% compliance with authorized access by external agencies. The audit also found 99.81% compliance with permitted search reasons by external agencies.

BACKGROUND
Policy 1305 outlines the requirements for use and access to the Flock ALPR systems by BPD staff. The policy mandates biannual audits of the ALPR system to ensure compliance and detect any unauthorized access or data breaches.

SCOPE AND METHODOLOGY
The scope of this audit included all access records for the Flock ALPR system between January 1, 2025 and June 30, 2025.

The audit methodology involved:

1. Reviewing system access records for the specified timeframe from the Flock platform.

2. Analyzing the records for any instances of unauthorized access, data breaches, or prohibited uses as stipulated in Policy 1305.

SUMMARY OF FINDINGS

ATTACHMENT 8

Objective # Audit Objectives % Meeting Standards
1 BPD – Authorized access 100%
2 BPD – Permitted uses 100%
3 External – Authorized access 100%
4 External – Permitted uses 99.81%

DETAILED FINDINGS
Objective 1: BPD – Authorized Access
Criteria:
1305.3 AUTHORIZED AND PROHIBITED USES (j): " Login/Log-Out Procedure. To ensure proper operation and facilitate oversight of the ALPR system, all users will be required to have individual credentials for access and use of the systems and/or data, which has the ability to be fully audited.”
Inspection Procedure:
 Review all access records for the Flock ALPR system during the audit period.  Verify user roles.

Findings:
 All access to the Flock ALPR system was made by authorized personnel.

Objective 2: BPD – Permitted Uses
Criteria:
1305.3 AUTHORIZED AND PROHIBITED USES (k): “Permitted/Impermissible Uses. The ALPR system, and all data collected, is the property of the Berkeley Police Department. Department personnel may only access and use the ALPR system for official and legitimate California law enforcement purposes consistent with this Policy. The following uses of the ALPR system are specifically prohibited:

ATTACHMENT 8

1. Invasion of Privacy: Except when done pursuant to a court order such as a search warrant, is a violation of this Policy to utilize the ALPR to record license plates except those of vehicles that are exposed to public view (e.g., vehicles on a public road or street, or that are on private property but whose license plate(s) are visible from a public road, street, or a place to which members of the public have access, such as the parking lot of a shop or other business establishment).

2. Harassment or Intimidation: It is a violation of this Policy to use the ALPR system to harass and/or intimidate any individual or group.

3. Use Based on a Protected Characteristic. It is a violation of this policy to use the LPR system or associated scan files or hot lists solely because of a person's, or group's race, gender, religion, political affiliation, nationality, ethnicity, sexual orientation, disability, or other classification protected by law.

4. Personal Use: It is a violation of this Policy to use the ALPR system or associated scan files or hot lists for any personal purpose.

5. First Amendment Rights. It is a violation of this policy to use the LPR system or associated scan files or hot lists for the purpose or known effect of infringing upon First Amendment rights.”
Inspection Procedure:
 Query access records for terms associated with impermissible use.  Confirm that each search recorded a case/incident number and/or reason.

Findings:
 No impermissible uses detected across officer activity. Reasons documented in line with Policy 1305’s requirement to capture case/incident number and/or reason.

Objective 3: External – Authorized Access
Criteria:
1305.10 THIRD PARTY DATA-SHARING: “The ALPR data may be shared only with other law enforcement or prosecutorial agencies for official law enforcement purposes or as otherwise permitted by law....The Berkeley Police Department does not permit the sharing of ALPR data gathered by the City or its contractors/subcontractors for purpose of federal immigration enforcement, these federal immigration agencies include Immigrations and Customs Enforcement (ICE) and Customs and Border Patrol (CBP).”

ATTACHMENT 8

Inspection Procedure:
 Query access records for Federal and out-of-state agencies.

Findings:
 No Federal or out-of-state agencies searched across BPD’s ALPR network.

Objective 4: External – Permitted Uses
Criteria:
1305.10 THIRD PARTY DATA-SHARING: “The ALPR data may be shared only with other law enforcement or prosecutorial agencies for official law enforcement purposes or as otherwise permitted by law....The Berkeley Police Department does not permit the sharing of ALPR data gathered by the City or its contractors/subcontractors for purpose of federal immigration enforcement, these federal immigration agencies include Immigrations and Customs Enforcement (ICE) and Customs and Border Patrol (CBP).” Inspection Procedure:
 Query access records for terms associated with impermissible use.

Findings:
 0.19% of searches made reference to a federal agency acronym.  All of those searches were broad searches of all available California networks; none targeted Berkeley specifically.
 1 search included the term “ICE”, and 2 unique searches included the term “CBP”. These searches correspond to “statewide lookup” searches that affected all California agencies that had the “statewide lookup” feature enabled at the time. We have since disabled this feature (see Departmental Actions below).
 As verified in Objective 3, no federal agencies, and no agencies outside of California accessed Berkeley’s ALPR network.
 The presence of those terms does not by itself establish a violation of California law or Policy 1305. We cannot conclude a state-law violation from reason-field text alone. For example, 5 searches included the term “DHS.” Upon closer examination, they were in reference to DHS PD, or Desert Hot Springs Police Department.

ATTACHMENT 8

DEPARTMENTAL ACTIONS
Recognizing potential risks revealed both via this audit and as discovered by incidents in other jurisdictions, BPD implemented several preventative measures to further protect Berkeley data while still maintaining the technology’s public safety value.  Access narrowing during audit. After the finding above, by order of the Chief, BPD tightened access in response to community concerns and to align strictly with Policy 1305’s sharing provisions:
o Revoked network access for all agencies outside the nine Bay Area counties plus Sacramento County.
o Turned off the statewide lookup tool.
o Nationwide lookup had already been disabled before rollout. o Since undertaking these actions, 0 searches have referenced “ICE”, “CBP”, or any other federal immigration enforcement agency.
 Ongoing controls. BPD now by protocol will revoke sharing for any agency if a search reason appears to fall outside of that which is permitted by BPD policy, ordinance or law until that agency provides a written explanation and assurances that its use of our data is consistent with Policy 1305 and California law.
o To promote regional compliance, we will notify requesting agencies whenever a search reason includes language that may fall outside the allowable parameters. o To ensure continued full compliance internally, BPD will conduct roll call training regarding use policies for ALPRs, access controls and the intersection with state law and the recently passed Sanctuary City Ordinance.

VENDOR ACTIONS
Flock acknowledged that permissive default sharing was a flaw and has taken corrective steps to support California law and Berkeley’s Sanctuary City policy.  Flock shifted to restrictive-by-default sharing, paused all federal pilots, created a distinct “Federal” organization label, removed federal users from Statewide and National Lookup, and began publishing ongoing compliance updates.  Flock now enforces state-border sharing limits, prevents federal or out-of-state access to California data, blocks searches tied to immigration or reproductive-health enforcement through keyword filters, and presents clearer prompts on share requests.

ATTACHMENT 8

 Flock is developing proactive audit alerts for 2026 to make it easy to screen for unpermitted uses in real time.

1 Rashi Kesarwani
Councilmember, District 1

CONSENT CALENDAR
November 10, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Councilmember Rashi Kesarwani (Author) and Councilmember Mark Humbert (Co-Sponsor)
SUBJECT: Referral to Amend Berkeley Municipal Codes 3.24.120 and

3.24.300 to Improve Procedure for Designating Landmarks, Historic Districts and Structures of Merit

RECOMMENDATION
Refer to the City Manager and City Attorney to amend two related Berkeley Municipal Code (BMC) sections: 3.24.120, “Landmarks, Historic Districts and Structures of Merit-Designation-Initiation Procedures,” and its related BMC section 3.24.300, “Appeals-Procedures Required-City Council Authority.”
This referral recommends refinements to the procedure for designating landmarks, historic districts, and structures of merit to discourage frivolous designations, often of sites that are planned to be redeveloped to address our City’s housing shortage.

Proposed amendments include the following two changes to the BMC:
1) Raising the threshold for the number of residents needed to sign the verified application of initiation of designation from 50 to 200; and 2) For properties located in residential zoning districts, 1 require 51 percent of the residents within a 300-foot radius of the subject building/structure to be among the applicants signing on to initiate the landmark / structure of merit designation, similar to the threshold used for other City procedures by the Planning and Public Works departments.2 We note that this second requirement may necessitate the collection of more than 200 signatures. 1 As defined in Berkeley Municipal Code section 23.202 - https://berkeley.municipal.codes/BMC/23.202
2 These numbers were chosen to be congruent with other criteria used within the city regarding community outreach and involvement. Our Planning Department, for instance, requires that Projects of Community or Neighborhood Interest meet with owners, residents and community groups within

2 Specifically, the proposed amendments to the Berkeley Municipal Code (BMC)

3.24.120, “Landmarks, Historic Districts and Structures of Merit-Designation-Initiation Procedures” would read as follows:

Initiation of designation shall be by the commission, or by a resolution of intention of the City Council, or by the Planning Commission, or by the Civic Arts Commission, or by the verified application of the owners of the property to be designated or their authorized agents, or by the verified application of at least fifty 200 residents of the City and, for properties located in residential zoning districts, requiring 51 percent of the residents residing within a 300 foot radius of the subject property. Any such application shall be filed with the commission upon forms prescribed by the commission and shall be accompanied by all data required by the commission. Where such application is submitted for designation of an historic district, the application must be subscribed by or on behalf of a majority of the property owners or residents of the proposed district. (Ord. 5686-NS § 1 (part), 1985: Ord. 4694-NS § 4, 1974)3
Similarly, BMC 3.24.300(A)(1) is proposed to read as follows:

An appeal may be taken to the City Council by the City Council on its own motion, by motion of the Planning Commission, by motion of the Civic Art Commission, by the verified application of the owners of the property or their authorized agents, or by the verified application of at least fifty 200 residents and, for properties located in residential zoning districts, requiring 51 percent of the residents residing within a 300-foot radius of the subject property of the City aggrieved or affected by any determination of the commission made under the provisions of this chapter.4

CURRENT SITUATION AND ITS EFFECTS
A Low Threshold for Residents to Seek a Landmark / Structure of Merit Designation Leads to Frivolous Applications That Create Delay and Uncertainty. . . Currently, individuals at liberty to initiate and appeal the process of designating a home, building, structure or district as an historic landmark or structure of merit are City Council members; appointed commissioners of the Landmarks Preservation Commission, Planning Commission, or Civic Arts Commission; property owner(s) of the subject property; and any random group of at least 50 residents living 300 feet of the project (https://berkeleyca.gov/sites/default/files/2022-02/Instructions-Regarding- Community-Outreach.pdf) and our Transportation Division requires that 51 percent of residents on a given block sign the petition to adopt the Residential Preferential Parking (RPP) program (see RPP opt-in guide, page 3): https://berkeleyca.gov/sites/default/files/documents/RPP%20Opt-In%20How- To%20Guide.pdf
3 Berkeley Municipal Code section 3.24.120: https://berkeley.municipal.codes/BMC/3.24.120 4 Berkeley Municipal Code section 3.24.300(A)(1): https://berkeley.municipal.codes/BMC/3.24.300

3 anywhere in the City. The relatively low bar for residents to initiate designation of a landmark / structure of merit for property that they do not own—by simply collecting the signatures of 50 people—has led to disputes between neighbors and homeowners, and—for larger proposed developments—uncertainty and delay as well as a significant amount of work for City staff.5 In the background section below, we describe two notable cases in which at least 50 residents submitted a petition to initiate a landmark / structure of merit designation after the subject property was proposed for development or demolition. In both cases, the landmark designation was found to be inappropriate.
. . . And Can Be In Tension with the Spirit of State Housing Law. In two other cases presented as background below, the Landmarks Preservation Commission approved landmark designations after proposed development projects had already vested—meaning a developer had submitted a preliminary housing application deemed complete, which locks in the zoning, design, and preservation standards that were in place at the time of the application’s submission—under state law Chapter 654, Statutes of 2019 (SB 330, Skinner).6 Known as the Housing Crisis Act of 2019, SB 330 is intended to safeguard housing projects from shifting local rules. Local governments are limited from imposing new regulations retroactively if those rules would reduce housing capacity or introduce additional discretionary barriers.7 In essence, state law SB 330 renders the landmark designation unenforceable, but the process still causes months of delay and creates uncertainty related to financing.

BACKGROUND
In the following four case studies, we show how the current procedure for initiating a landmark or structure of merit has been weaponized by opponents of neighborhood change.

Case Study #1: Neighbors’ Attempt to Landmark Unremarkable House to Block High-Density Development at 1915 Berryman Street. In May 2020, a development application to construct a ten-unit residential project at 1915 Berryman Street in North Berkeley was submitted to Berkeley’s Planning Department. The property, known as the Payson House, was originally built in 1889 for First Unitarian Church co-founder William Payson. The proposed project would expand the property by constructing six townhouses containing ten units. Close to two weeks after the construction application was submitted, a neighbor submitted an application to designate the 5 We note that a property owner who believes their property is worthy of landmark / structure of merit status will continue to have the option of contacting the Landmarks Preservation Commission to request that the body initiate the landmark / structure of merit designation proceedings. 6 SB 330, Skinner. Housing Crisis Act of 2019 -
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB330 7 California Government Code § 65589.5(o)(1) “...a housing development project shall be subject only to the ordinances, policies, and standards adopted and in effect when a preliminary application including all of the information required by subdivision (a) of Section 65941.1 was submitted.”

4 structure a city landmark or structure of merit in accordance with Berkeley Municipal Code Section 3.24.120. The neighbor was joined by 65 other residents, and the group was represented by the Berkeley Architectural Heritage Association. In August 2020, the Landmarks Preservation Commission conducted a public hearing on the designation request; the staff report concluded that there was not enough evidence showing the property to have historical value nor was it representative of exemplary design or the notable accomplishments of persons important to history.8 Nearby neighbors who supported the landmark designation wanted to preserve the “aesthetic of their street,” and felt that the Payson House was historically significant to the neighborhood while those in support of staff’s finding saw the landmark designation process as an attempt to preempt a larger development proposed to replace the current house. In the end, the Landmarks Preservation Commission voted 7-2 in support of the staff report opposing the designation of landmark status.9 Two months later, the commission’s decision was appealed to the City Council, and the City Council upheld the Landmark Preservation Commission’s decision.10 In October 2021, the Zoning Adjustments Board approved the redesigned 11-unit project under the state’s density bonus law, which included three low-income units to meet affordability requirements. The failed effort to halt redevelopment of the Payson House took approximately 18 months, and significant staff time was devoted to this attempt at maintaining the “aesthetic of the street” and the low density neighborhood.

Case Study #2: Neighbors Attempt to Landmark Property to Maintain Neighborhood Feel at 910 Indian Rock Avenue. The single-family home at 910 Indian Rock Avenue, known as the Marrenner House, was built in 1916. It became the subject of a landmark designation effort after its owners, the Emersons, submitted plans to demolish it to build a larger home to accommodate Mrs.

Emerson's aging and disabled mother. Concerned neighbors submitted a landmark structure of merit application,11 which included a petition and a group letter signed by 57 residents. The group suggested preserving the existing character of the house by constructing a suitable addition at the rear of the property, rather than the demolition that the property owner sought, as a way to maintain the neighborhood character. 8 Public Hearing during January 21, 2021 Special City Council Meeting: “Appeal of Landmarks Preservation Commission Decision – Denial of City Landmark or Structure of Merit Designation for 1915 Berryman Street”
https://records.cityofberkeley.info/PublicAccess/api/Document/Af5kp6E4KrPvxdHVNpBjf2CjOz0IX%C 3%81ewE6%C3%81X1jBcBbjMKWpiv7zlLl1A6iB0BFLH6J4fTxFwPsUIhnIsQplixfY%3D/ 9 Minutes from the August 6, 2020 Landmarks Preservation Commission Meeting:
https://berkeleyca.gov/sites/default/files/legislative-body-meeting-minutes/2020-08- 06_LPC_Minutes_FINAL.pdf
10 Public Hearing during January 21, 2021 Special City Council Meeting: “Appeal of Landmarks Preservation Commission Decision – Denial of City Landmark or Structure of Merit Designation for 1915 Berryman Street”
https://records.cityofberkeley.info/PublicAccess/api/Document/Af5kp6E4KrPvxdHVNpBjf2CjOz0IX%C 3%81ewE6%C3%81X1jBcBbjMKWpiv7zlLl1A6iB0BFLH6J4fTxFwPsUIhnIsQplixfY%3D/ 11 910 Indian Rock Avenue Landmark Support Letters sent to the Landmarks Preservation Commission, May 4, 2023 https://berkeleyca.gov/sites/default/files/documents/2023-05- 04_Item%207_910%20Indian%20Rock%20.pdf

5 The Landmarks Preservation Commission reviewed the matter over several meetings in May, July, and November 2023.12 During the November 2023 meeting, the commission voted not to approve the designation application. The Emersons had argued all along that their house did not satisfy the requirements to designate it as a landmark or structure of merit, contrary to the neighbors’ assertions. However, well into the petition process, and following an offer from Kit Ratcliff, grandson of the home’s original architect, the Emersons agreed to renovate the property, maintain the street facing facade and partner with Kit Ratcliff who would oversee a remodel and rear addition to the home. The Emersons themselves wrote a letter to the Landmarks Preservation Commission requesting they take no action on designating their house as a landmark or structure of merit, emphasizing that the original petitioners also now no longer supported the designation as demolition was no longer an issue and the front facade of the house would remain intact.13 In the end, all stakeholders were satisfied as the Emersons could renovate their home to accommodate the growing needs of their family, Kit Ratcliff could honor the architectural work of his grandfather, and the surrounding neighbors would not have to see the newly constructed addition. This reveals yet again how the subject property’s merit as a historical landmark was secondary to preserving a neighborhood context as perceived through the eyes of some of the neighbors.

Case Study #3: Landmarking Attempt in Tension With Spirit of State Law SB 330 at 2425 Durant Avenue. The landmark dispute over 2425 Durant Avenue emerged not from long-standing recognition of historic value but from a petition filed only after a housing project was already in motion. The property, part of Berkeley’s early College Homestead and Beaver Tracts, had no prior designation on state or national registers and had not been the subject of preservation campaigns before. In November 2024, the developer filed a Preliminary Use Permit application under SB 330 (the Housing Crisis Act of 2019), which the City deemed complete on November 21, vesting the project under the rules then in effect. Weeks later, in December 2024, the Berkeley Architectural Heritage Association filed to landmark 2421 Durant Avenue, initiating a process that culminated in the Landmarks Preservation Commission’s March 6, 2025 vote to designate the property as a landmark.14 This sequence created an immediate legal and procedural conflict. Under SB 330, once a housing project vests, local governments cannot impose new standards, including 12 Landmarks Preservation Commission Meeting Agenda, Thursday May 4, 2023, https://berkeleyca.gov/sites/default/files/legislative-body-meeting-agendas/2023-05- 04_LPC_Agenda_linked.pdf; July 6 Landmark Preservation Commission meeting, item #7:https://berkeleyca.gov/sites/default/files/documents/2023-07- 06_LPC_Item%207_910%20Indian%20Rock_Packet.pdf; Agenda packet for November 2, 2023 Landmarks Preservation Commission meeting:
https://berkeleyca.gov/sites/default/files/documents/2023-11- 02_LPC_Item%207_910%20Indian%20Rock_Staff%20Report%20and%20Attachments.pdf 13 November 2, 2023 LPC agenda packet (see above), page 41 of 43. 14 https://berkeleyca.gov/sites/default/files/documents/2025-07- 23%20Special%20Item%2001%20Landmarks%20Preservation%20Commission%20Appeal%202425 %20Durant.pdf

6 landmark protections, on the housing project. The developer argued that the late-filed petition and subsequent Landmarks Preservation Commission designation had no legal effect, but nonetheless imposed significant practical burdens. In their appeal, filed in April 2025, the developer emphasized that the designation had already caused four months of delay, introduced uncertainty for lenders and insurers, and jeopardized the project’s financing15—exactly the types of obstacles state law sought to eliminate.

In the public hearing of the appeal on July 23, 2025,16 Planning staff recommended reversing the Landmarks Preservation Commission decision, noting that while the designation technically existed, it could not be applied to the vested housing project.

Staff also noted that this would be purely a symbolic landmark. Preservation advocates, including BAHA, urged the City Council to uphold the designation, citing the property’s role in illustrating the layered history of the Southside neighborhood.

They argued that even symbolic landmarking could have educational value and underscored the City’s failure to complete a comprehensive historic survey. But Councilmembers highlighted broader concerns, including the applicability of SB 330.

Keeping the designation in place risked exposing the City to legal liability and would further chill housing development at a time when Berkeley already faces a housing shortage. Ultimately, staff concluded that state housing law precluded applying the designation to the housing project, and the matter presented a broader conflict between housing production mandates and preservation priorities. The Council ultimately voted unanimously to uphold the appeal and reverse the Landmarks Preservation Commission designation.17
Case Study #4: Landmarking Attempt in Tension With Spirit of State Law SB 330 at 2138 Kittredge Street. The dispute over 2138 Kittredge Street followed a familiar pattern in Berkeley’s ongoing tension between housing production and historic preservation. The property, associated with the Fitzpatrick House and later the Pepper Tree Tea Room, had long been noted in neighborhood surveys but was never designated at the state, federal, or local level as a landmark. In April 2024, the developer submitted a Preliminary Use Permit application under SB 330, which was deemed complete that same month, vesting the project under existing planning and zoning standards. Several months later, in February 2025, the Berkeley Architectural Heritage Association filed an application to landmark the property.18 Similar to the 15 As per comments by the appellant as part of the City Council meeting, held on July 23, 2025 https://berkeley.granicus.com/player/clip/5488?publish_id=6b79d3c7-68a7-11f0-b7f5- 005056a89546&redirect=true
16 https://berkeleyca.gov/sites/default/files/documents/2025-07- 23%20Special%20Item%2001%20Landmarks%20Preservation%20Commission%20Appeal%202425 %20Durant.pdf
17 Agenda packet for July 23, 2025 City Council meeting https://berkeleyca.gov/sites/default/files/city- council-meetings/2025-07-23%20Annotated%20Agenda%20-%20Council.pdf 18 https://berkeleyca.gov/sites/default/files/documents/2025-02- 06_LPC_Item%207_2138%20Kittredge_Staff%20Report%20and%20Attachments.pdf

7 case of Durant Avenue, the Landmarks Preservation Commission voted to approve the designation, citing architectural features and the property being present in the downtown area surrounded by other historic structures.

City planning staff recommended overturning the Landmarks Preservation Commission’s designation due to the same application of state housing law—under SB 330, once a housing application is deemed complete, new regulations, including landmark designations cannot be imposed retroactively on the housing project. The City Council grappled with the same tension that had defined the Durant Avenue case. They acknowledged the symbolic intent of the petition but underscored that the designation carried no enforceable weight and introduced costly delays and economic uncertainty. The Council voted unanimously to uphold the appeal and overturn the Landmarks Preservation Commission designation,19 and reinforced the same conclusion reached in the Durant case.

FISCAL IMPACTS
Staff time on a one-time basis to amend and incorporate the re-worded code sections into the BMC, and ongoing savings to staff time due to anticipated fewer landmark attempts that turn out to be frivolous.

ALTERNATIVE ACTIONS CONSIDERED
The city could reconsider funding a historic context statement. A historic context statement is a document that includes a comprehensive understanding and structure for grouping information about the City’s history, historic properties and the built environment. An historic context statement would provide transparency by providing a planning document with guidance on identifying and evaluating historic buildings and resources. It would include an evaluative framework and guidance for staff and Landmarks Preservation Commission decisions regarding historic resources thus decreasing staff time involved in researching each property initiated for landmark designation and ad hoc decisions about properties based on commissioners’ and residents’ comfort with growth. The requested funding for an historic context statement was projected to be between $250,000 to $275,000 and was not approved in FY 2024-25 or in FY 2025-26. Given this relatively high one-time cost, it is unclear whether Council would have the funding available to pursue a historic context statement in the near future.

Despite the relatively high one-time cost, there is broad recognition that the benefits of an historic context statement could outweigh the expense. It would not only generate a vetted list of potential landmarks and structures of merit but would also 19 Agenda packet for July 23, 2025 City Council meeting https://berkeleyca.gov/sites/default/files/city- council-meetings/2025-07-23%20Annotated%20Agenda%20-%20Council.pdf

8 provide greater predictability for developers, staff, and residents alike. Other cities, such as San Francisco20 and Los Angeles21 have already commissioned historic context statements that serve as standard references for preservation planning and environmental review. While a citywide context study in Berkeley may take considerable time to complete, the recommendations in this ordinance can provide a practical framework in the interim - tiding the City over until a formal survey is adopted.

RATIONALE FOR RECOMMENDATION
This referral is submitted in the spirit of eliminating one particular way people have used our municipal code to delay the construction of much-needed homes. It would also help address conflicts among neighbors that pit “maintaining the feel of a neighborhood” against property owners’ interests in renovating their own homes.

Berkeley has successfully adopted a Housing Element and has received the state’s Prohousing Designation; the referred BMC amendment would be an additional step furthering our commitment to this designation and our efforts to provide more housing.

CONTACT PERSON
Councilmember Rashi Kesarwani, District 1 (510) 981-7110 20 https://sfplanning.org/project/citywide-historic-context-statement 21 https://planning.lacity.gov/preservation-design/historic-resources/historic-themes

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