Berkeley City Council
December 2, 2025

Ordinance No. 7,990-N.S. Page 24 of 32
The height of the hotel is three or more stories or two stories plus an inhabited basement, which is used for purposes other than exclusively servicing the maintenance and other needs of the building; or the hotel contains 20 or more rooms, or regularly accommodates 20 or more residential occupants.

Exception: No hotel in which the exits from sleeping rooms lead either to the outside of the building either directly or via approved exit balconies with approved exterior stairways(s) in accordance with the requirements of the Berkeley Building Code is required to comply with this section.
1103.5.6.2 Types of Fire Sprinklers. In the sleeping units of the building, only residential or quick response sprinkler heads shall be used.
1103.5.6.3 Supervision of fire sprinkler systems. All automatic sprinkler systems installed under this subsection shall be monitored for supervision and alarms in accordance with Section 903.4.
1103.7 Fire Alarm Systems. An approved fire alarm system shall be installed in existing buildings and structures in accordance with Sections 1103.7.1 through 1103.7.6 and provide occupant notification in accordance with Section 907.5 unless other requirements are provided by other sections of this code. Existing high-rise buildings shall comply with Section 1103.7.9 . Where an automatic and manual or a manual fire alarm system is required by this code or Berkeley local ordinance, elimination of fire alarm boxes in buildings equipped with an approved sprinkler system is prohibited.

Exception: Occupancies with an existing, previously approved fire alarm system. 1103.7.5.1 Group R-1 hotels, and motels, and congregate residences manual and automatic fire alarm system. A manual and automatic fire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed in existing Group R-1 hotels, and motels, and congregate residences more than one story in heightwith three or more stories or with more than 20 or more dwelling units or sleeping units in aggregate.

Exceptions:

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

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

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

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

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

Ordinance No. 7,990-N.S. Page 25 of 32

3.3. Not less than one manual fire alarm box is installed at an approved location.
1103.7.6 Group R-2. A manual and automatic fire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed in existing Group R-2 occupancies three or more than three stories in height or with 16 or more dwelling or sleeping units. Congregate residences shall retrofit existing manual-only fire alarm systems with manual and automatic fire detection. Other types of R-2 occupancies (such as apartment buildings) shall retrofit existing manual-only fire alarm systems with manual and automatic fire detection when the existing fire alarm control unit is replaced for any reason. Automatic detection shall be accomplished by use of a smoke detector (or heat detector as approved), which is system connected and electronically supervised. Detectors shall be installed in all interior corridors and common areas.

Exceptions:

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

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

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

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

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

3.24.2. Each dwelling unit is provided with smoke alarms complying with the requirements of Section 907.2.11.
1103.7.10 Monitoring of Group R Occupancies. All existing R occupancies that are required to provide both a fire alarm and fire suppression system shall have the system monitored by a supervising station in accordance with NFPA 72, Chapter 26, Section

26.3, Central Station Service Alarm Systems, and this section.

SECTION 1104 – MEANS OF EGRESS FOR EXISTING BUILDINGS
1104.24 Stairway floor number signs. Existing stairways shall be marked in accordance with Section 1023.9.

Ordinance No. 7,990-N.S. Page 26 of 32
SECTION 1114 – EXISTING HIGH-RISE BUILDINGS [SFM]
1114.27 Automatic sprinkler system–Existing high-rise buildings. Regardless of any other provisions of these regulations, every existing high-rise building of Type II-B, Type III-B or Type V-B construction shall be provided with an approved automatic sprinkler system conforming to NFPA 13.

Building owners shall file a compliance schedule with the fire code official not later than 365 days after receipt of a written notice. The compliance schedule shall not exceed 12 years for completion of the automatic sprinkler system retrofit.

Article 8. Hazardous Materials – General Provisions

19.48.090 Amendments to Chapter 50 Hazardous Materials – General Provisions Chapter 50 of the California Fire Code is partially adopted with adopted sections below. (Sections adopted by the State Fire Marshal remain unless modified below.)

Ordinance No. 7,990-N.S. Page 27 of 32
CHAPTER 50 – HAZARDOUS MATERIALS – GENERAL PROVISIONS
SECTION 5001 – GENERAL
5001.7 Hazardous materials transportation restrictions. No vehicle containing hazardous materials, including a hazardous materials transportation tank truck, trailer, semi-trailer or tank wagon containing flammable or combustible liquids, hazardous chemicals, liquefied petroleum gases, poisonous gases, or cryogenic fluids, shall be operated on any city street without a permit from the fire code official. A map showing the proposed route of the vehicle shall accompany applications for such permits. If a permit is granted, the map shall be carried at all times in the vehicle and the vehicle shall not deviate from the approved route as shown on the map. Such a permit may contain conditions, including restrictions on the hours within which certain routes may be used and limitations on the size of the vehicle allowed to travel the approved route. No route shall be approved that includes passage over or adjacent to subway entry or vent structures, through the Northbrae Tunnel, in any area designated an environmental safety residential district by the City of Berkeley's Zoning Ordinance, or in an area which may be designated as a hazardous fire area. Departure from the approved route, travel outside the permitted hours, violation of any vehicle size limitation imposed, or failure to carry a map showing route approval shall constitute a violation of this Code. The transportation of extremely hazardous materials may, in the discretion of the fire code official, require both a permit and accompaniment by a Fire Department or Police Department convoy. The following streets contain purge chamber openings which lead directly into the subway section of the Bay Area Rapid Transit (BART) System in Berkeley and their use by tank vehicles or trailers for transportation or delivery of flammable or combustible liquids, hazardous chemicals, liquefied petroleum gases, poisonous gases, or cryogenic fluids is prohibited and a violation of this Code:
a. On Addison Street between Martin Luther King Jr. Way and Oxford Street; b. On Shattuck Avenue between University Avenue and Dwight Way; c. On Virginia Street between Franklin and Sacramento Streets; d. On Sacramento Street between Virginia Street and Hearst Avenue; e. On Hearst Avenue between McGee Avenue and Milvia Street; f. On Adeline Street between Ward and Stuart Streets; and g. On Adeline Street between Ashby Avenue and Woolsey Street Article 9. Explosives and Fireworks

19.48.100 Amendments to Chapter 56 Explosives and Fireworks Chapter 56 of the California Fire Code is partially adopted with adopted sections below. (Sections adopted by the State Fire Marshal remain unless modified below.)

Ordinance No. 7,990-N.S. Page 28 of 32
CHAPTER 56 – EXPLOSIVES AND FIREWORKS
SECTION 5601 – GENERAL
5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks, including fireworks which are classified as Safe and Sane fireworks by the California State Fire Marshal’s Office, are prohibited within the City of Berkeley.

Exceptions:

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

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

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

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

1.4G fireworks where allowed by applicable laws, ordinances and regulations, provided that such fireworks and facilities comply with the 2006 edition of NFPA 1124, CPSC 16 CFR Parts 1500 and 1507, and DOTn 49 CFR Parts 100–185, as applicable for consumer fireworks and Health and Safety Code Division 11.

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

Article 10. Flammable and Combustible Liquids

19.48.110 Amendments to Chapter 57 Flammable and Combustible Liquids Chapter 57 of the California Fire Code is partially adopted with adopted sections below. (Sections adopted by the State Fire Marshal remain unless modified below.).

CHAPTER 57 – FLAMMABLE AND COMBUSTIBLE LIQUIDS

Ordinance No. 7,990-N.S. Page 29 of 32
SECTION 5701 – GENERAL
5701.4.1 Transfer of flammable and combustible liquids. Transfer of flammable and combustible liquids, to or from containers or mobile tanks into above ground or underground tanks shall not be made from or on the street or public way except by written approval by the fire code official.

Exceptions:

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

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

SECTION 5704 – STORAGE
5704.2.11.1.1 Restrictions on underground storage tanks. The storage of flammable and combustible liquids in underground tanks is prohibited in all areas zoned solely for residential occupancies, closely built commercial properties, and any other area deemed unsafe by the fire code official.
5704.2.13.1.4 Tanks abandoned in place. Tanks may be abandoned only under permit and following City of Berkeley Fire Department procedures. The owner shall demonstrate to the satisfaction of the City of Berkeley Toxics Management Division (TMD) that no unauthorized release has occurred. If the soil is contaminated, mitigation must be completed to the satisfaction of the Toxics Management Division (TMD). A notice shall be placed in the deed to the property. This notice shall describe the precise location of the closed underground storage tank, the hazardous substances that it contained, and the closure method. Tanks abandoned in place shall be as follows:

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

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

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

4. Remaining underground piping shall be capped or plugged.

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

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

Ordinance No. 7,990-N.S. Page 30 of 32
5704.2.14 Removal and disposal of tanks. Removal and disposal of tanks shall comply with Sections 5704.2.14.1 and 5704.2.14.2. Removal of all tanks shall be authorized under a fire permit, abiding by City of Berkeley Fire Department procedures. The applicant shall submit the following:

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

2. A detailed description of the scope of work.

3. A site safety plan.

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

5. Proof of workers compensation insurance.

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

Article 11. Liquefied Petroleum Gas

19.48.120 Amendments to Chapter 61 Liquefied Petroleum Gas Chapter 61 of the California Fire Code is partially adopted with adopted sections below. (Sections adopted by the State Fire Marshal remain unless modified below.) CHAPTER 61 – LIQUIFIED PETROLEUM GASES
SECTION 6104 – LOCATION OF LP-GAS CONTAINERS
6104.1.1 Restrictions on storage of LP-gas containers. It shall be unlawful to store any liquefied petroleum gas cylinder with a capacity greater than 2-1/2 lbs. water capacity or a portable tank within any structure or building with an occupancy classification of A, R- 1, R-2 or R-4, unless specifically authorized by this Code.

Ordinance No. 7,990-N.S. Page 31 of 32
Article 12. Fire Flow Requirements for Buildings

19.48.130 Amendments to Appendix B Fire Flow Requirements for Buildings Appendix B of the California Fire Code is partially adopted with adopted sections below. (Sections adopted by the State Fire Marshal remain unless modified below.) APPENDIX B – FIRE FLOW REQUIREMENTS FOR BUILDINGS
Section B105.2 (Appendix B), Table B105.2, “Required Fire-Flow for Buildings Other Than One- And Two-Family Dwellings, Group R-3 And R-4 Buildings And Townhouses” TABLE B105.2 - REQUIRED FIRE·FLOW FOR BUILDINGS OTHER THAN ONE- & TWO-FAMILY DWELLINGS, GROUP R·3 & R·4 BUILDINGS AND TOWNHOUSES

AUTOMATIC SPRINKLER
SYSTEM
(Design Standard)

MINIMUM FIRE-FLOW
(gallons per minute)

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

Section 19.48.140 Validity. Should any section, paragraph, sentence or word of this Chapter or of the Code or Standards be declared invalid, all other portions of this Chapter shall remain in effect.

Section 2. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Old City Hall, 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.

Ordinance No. 7,990-N.S. Page 32 of 32
At a regular meeting of the Council of the City of Berkeley held on November 10, 2025, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: None.

NOTICE OF PUBLIC HEARING

BERKELEY CITY COUNCIL
ADOPTION OF THE 2025 CALIFORNIA FIRE CODE WITH LOCAL

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

The Department of Fire and Emergency Services is proposing the adoption of the 2025 California Fire Code with Local Amendments as proposed by the Berkeley Fire Department. The adoption will include the non-structural provisions as provided in the 2024 International Fire Code
The hearing will be held on, December 2, 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 November 20, 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: November 14 and November 21, 2025 – The Berkeley Voice Published pursuant to Government Code 50022.3 and 6066
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 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 November 20, 2025.
__________________________________
Mark Numainville, City Clerk

Office of the City Manager

PUBLIC HEARING
December 2, 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 – Second Reading

RECOMMENDATION
Conduct a public hearing and upon conclusion adopt the second reading of Ordinance No. 9,991-N.S.(Attachment 1) 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.

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 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

Modification and Adoption of Berkeley Fire Code Local Amendments PUBLIC HEARING December 2, 2025

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 4907.6 (1) (b))  Clarification regarding “Continuous Tree Canopy” (Section 4907.4 (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 4907.4 and 4907.6).
 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.

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

Modification and Adoption of Berkeley Fire Code Local Amendments PUBLIC HEARING December 2, 2025

 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.

At the November 10, 2025 meeting, Council adopted Resolution No. 72,025-N.S. which sets forth findings of local conditions that require more stringent regulations than those provided by the State Code.

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 PUBLIC HEARING December 2, 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.

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: Letter from the Wildland Urban Interface Vegetation Code Workgroup 3: Public Hearing Notice

ORDINANCE NO. 7,991 –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

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.

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.

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; 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 design ated as a Very High Fire Haza rd
Severity Zon e by ci ties and oth er local
agencies.

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

Exceptions:

will reduce requ ired fire resistance or will otherwise create condition s dang erous 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.

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.
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:

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.

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 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:

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.

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.
109.3.5.3.2 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.

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; 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.

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.

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.

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

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)]

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
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:

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.

(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 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.

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.

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. 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.

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:

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. 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.

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: 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 use d exclusivel y as telephon e, tel egraph, messen ger 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 A102.3.2.2—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.

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.

A103.2.2 Trespassing. Entering and remaini ng 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 l ocks installed by or under the co
ntrol 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. Regulatio ns in this secti on are i ntended 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 habitatio n or in the bound aries of establishe d smoking area s 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 auth orized to seize, take, remove or cause to be remo
ved 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.

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.

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:

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

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 withi n 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.

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.
* * * * * *
At a regular meeting of the Council of the City of Berkeley held on November 10, 2025, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: None.

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 req uired by the cod e offi cial to facilitate eme rgency opera tions, 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.

Attachment 2
Dear Mayor and City Council,
In June you charged the City Manager with creating a working group of Berkeley residents and stakeholders to review the vegetation management portion of the Fire Code to ensure that it is clear, reflects unique local conditions, and incorporates the best available fire science (inclusive of any more conservative code adopted by the California Board of Forestry). The charge included returning with additional amendments to the City Council before December 31, 2025, as part of the Fire Department’s Triennial Fire Code Update Process.

The Berkeley Zone Zero / Wildland Urban Interface (WUI) Working Group was first convened on August 20, 2025. At that time, Fire Department staff explained that we would need to complete our work before October 2nd in order to allow review of all proposed changes and meet the December 31st deadline. On this very tight schedule, the group held eight (8) public meetings and engaged in a detailed review process that has produced proposed revisions to the municipal fire code. These revisions are designed to:
 Clarify definitions
 Refine vegetation management requirements, defensible space provisions, and ongoing maintenance standards.
 Align Berkeley’s fire prevention framework with the California State Fire Code, while reviewing the current deliberations from the California Fire and Forestry Commission.

While we are satisfied that the existing language is clearer and more consistent as a result of these revisions, the limited mission and compressed timeframe meant that we were not able to fully consider all unique local conditions or incorporate all of the best available fire science. Critically, the California Board of Forestry has not yet issued the final Zone 0 regulations, so we were unable to evaluate how those forthcoming requirements—and any associated exceptions—should shape Berkeley’s code. Since Berkeley is required by state law to be as strict as state code, the scope of potential exceptions has also not been fully explored.

As much as we have accomplished in a relatively short period, there remains important work ahead. We intend to continue our work in the following areas:
 Incorporating existing, new, and emerging science related to vegetation management, erosion concerns, and long-term ecological impacts.  Ensuring the local code reflects unique local conditions.  Reviewing final regulations and recommendations from the State Fire and Forestry Commission and Zone Zero Subcommittee.

Attachment 2
 Creating detailed community guidelines and instruction booklet to assist residents in understanding and complying with the new standards.

Additional work needs to be done on these issues:
 Reviewing enforcement and appeals processes to avoid overly punitive penalties, while ensuring strong compliance, strengthening compliance pathways, and updating penalty structures, including enforcement and accountability.
 Addressing the ongoing threat of eucalyptus and other high-risk vegetation within Berkeley.
 Considering EMBER compliance costs
The proposed revisions reflect a balance of technical standards; however, further work is needed to review all pertinent aspects of the WUI code and regulations.

We thank you for your attention and continued support of this critical work.

Respectfully submitted,
Unanimously signed by members of the WUI Workgroup

NOTICE OF PUBLIC HEARING

BERKELEY CITY COUNCIL
ADOPTION OF THE 2025 CALIFORNIA WILDLAND URBAN

INTERFACE (WUI) CODE WITH LOCAL AMENDMENTS
The public may participate in this hearing by remote video or in-person.

The Department of Fire and Emergency Services is proposing the adoption of the 2025 Wildland Urban Interface (WUI) Code with Local Amendments. The adoption will include the non-structural provisions as provided in the 2024 International Wildland Urban Interface (WUI) Code
The hearing will be held on, December 2, 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 November 20, 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 Acting Assistant Fire Chief Colin Arnold at 510-981-5620.

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: November 14 and November 21, 2025 – The Berkeley Voice Published pursuant to Government Code 50022.3 and 6066
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 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 November 20, 2025.
__________________________________
Mark Numainville, City Clerk

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

PUBLIC HEARING
December 2, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: Amendments to Title 23 (Zoning) to Allow the Retail Sale of Alcohol in the Telegraph Avenue Commercial (C-T) Zoning District

RECOMMENDATION
Conduct a public hearing and upon conclusion, adopt the first reading of an ordinance amending the BMC Title 23 Section 23.204.020 to allow the retail sale of alcohol in the Telegraph Avenue Commercial (C-T) zoning district.

FISCAL IMPACTS OF RECOMMENDATION
New and expanding businesses established pursuant to the proposed ordinance amendments may result in increased tax revenue. The proposed changes would result in limited impacts on staff time for permitting and project review, which will be recouped through project permit fees.

CURRENT SITUATION AND ITS EFFECTS
Today, the C-T zoning district is the only commercial district in Berkeley where the retail sale of alcohol is not permitted. This has impeded efforts to attract a full-service grocery store to the Southside. The prohibition of retail alcohol sales in the C-T and resulting absence of full-service grocers in the Southside contributes to a lack of healthy, affordable and accessible food options for residents and visitors.

The proposed Zoning Ordinance amendment would align the City’s regulation of Alcoholic Beverage Retail Sales in the C-T zoning district with those in every other commercial zoning district, by allowing Alcoholic Beverage Retail Sales via a Use Permit process. A Use Permit requires a public hearing before the Zoning Adjustments Board (ZAB), and the ZAB’s decision is appealable to the City Council.

The proposed amendment is contained in BMC Chapter 23.204.020 Allowed Land Uses. The amendments to the Allowed Land Uses Table (Table 23.204-1) would change the regulation of the Retail Sale of Alcohol in the Telegraph Avenue Commercial District from not permitted (NP) to permitted through the Use Permit process (UPPH).

Amendments to Title 23 (Zoning) to Allow the Retail Sale of Alcohol in the PUBLIC HEARING Telegraph Avenue Commercial (C-T) Zoning District. December 2, 2025

Table 1: Changes to BMC Section 23.204.020 Table 23.204-1

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC
Alcoholic
Beverage
Retail Sale
UP(PH)
*
UP(PH)
*
UP(PH)
*
UP(PH)
*
UP(PH)
*
UP(PH)
*
NP
UP(PH)
*
UP(PH)
*
UP(PH)
*
UP(PH)
*
UP(PH)
*

23.310

BACKGROUND
When the University of California relocated to Berkeley in 1873, the sale of alcohol in the areas surrounding campus was prohibited. For decades following the establishment of the Berkeley Campus, during Prohibition and after, the availability of alcohol near campus (including the C-T) has been limited.

On September 16, 2025, City Council adopted a referral to the City Manager and the Planning Commission to amend BMC Chapter 23.204.020 to allow alcoholic beverage retail sales in the C-T zoning district.

On November 5, 2025, staff presented the proposed Zoning Ordinance amendment to the Planning Commission at a duly-noticed public hearing (Attachment 2). The Planning Commission unanimously adopted a resolution recommending the proposed amendments included in Attachment 1 for adoption by City Council.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The proposed Zoning Ordinance amendment does not include any allowances for additional development capacity or other new physical changes to the environment that are not already permitted and previously evaluated under CEQA. Adoption of the proposed amendment would in no way have a significant effect on the environment and therefore is not subject to CEQA (CEQA Guidelines Section 15061(b)(3), Common Sense Exemption).

RATIONALE FOR RECOMMENDATION
The proposed Zoning Ordinance amendment would align the regulation of retail alcohol sales in the Telegraph Avenue Commercial (C-T) zoning district with all other commercial zoning districts in Berkeley through the Use Permit Process. The proposed ordinance is also consistent with the Southside Plan, specifically Policy LU-E2 which aims to “encourage development of neighborhood serving commercial uses, such as cafes, small grocery and convenience stores, laundromats, shoe repairs, and dry cleaners.” A Use Permit requires a public hearing and gives the City discretion on the issuance of a permit.

Amendments to Title 23 (Zoning) to Allow the Retail Sale of Alcohol in the PUBLIC HEARING Telegraph Avenue Commercial (C-T) Zoning District. December 2, 2025

ALTERNATIVE ACTIONS CONSIDERED
The Council could consider taking no action on the recommendation. In this scenario, Title 23 would remain unchanged, and would continue to prohibit the retail sale of alcohol in the Telegraph Avenue Commercial (C-T) zoning district.

CONTACT PERSON
Faye Messner, Assistant Planner, Planning and Development Department, (510) 981- 7484
Attachments:
1: Draft Ordinance
2: PC Staff Report 11-05-25
3: Public Hearing Notice

ORDINANCE NO. -N.S.

AMENDMENTS TO THE COMMERCIAL DISTRICT CHAPTER (BMC CHAPTER 23.204) TO

ALLOW THE RETAIL SALE OF ALCOHOL IN THE TELEGRAPH AVENUE COMMERCIAL

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

Section 1. That the line named “Alcoholic Beverage Retail Sale” in Table 23.204-1 in BMC Section 23.204.020 is amended to read as follows:

ZC = Zoning Certificate
AUP = Administrative
Use Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with
AUP, see

23.204.020(B)
[#] = Table Note Permit
Requirement
* Use-Specific
Regulations Apply
Commercial Districts USE-SPECIFIC

REGULATIONS

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC
Alcoholic
Beverage Retail
Sale
UP(PH)
*
UP(PH)
*
UP(PH)
*
UP(PH)
*
UP(PH)
*
UP(PH)
*
NP
UP(PH)
*
UP(PH)
*
UP(PH)
*
UP(PH)
*
UP(PH)
*

23.310
Section 2. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

Planning and Development Department
Land Use Planning Division

STAFF REPORT
DATE: November 5, 2025
TO: Members of the Planning Commission
FROM: Faye Messner, Assistant Planner
SUBJECT: Amendments to Title 23 to Allow the Retail Sale of Alcohol in the Telegraph Avenue Commercial (C-T) Zoning District

RECOMMENDATION
Conduct a public hearing, receive public comment, and upon conclusion make a recommendation to City Council to adopt the proposed amendment to Title 23 to allow the retail sale of alcohol in the Telegraph Avenue Commercial (C-T) zoning district.

BACKGROUND
When the University of California relocated to Berkeley in 1873, the sale of alcohol in the areas surrounding campus was prohibited. For decades following the establishment of the Berkeley Campus, during Prohibition and after, the availability of alcohol near campus (including the C-T) has been limited.

On September 16, 2025, Council referred the City Manager and the Planning Commission to amend BMC Chapter 23.204.020 to allow alcoholic beverage retail sale in the C-T zoning district.

CURRENT SITUATION AND ITS EFFECTS
Today, the C-T zoning district is the only commercial district in Berkeley where the retail sale of alcohol is not permitted. As a result, the Southside has been unable to attract a full-service grocery store. The prohibition of retail alcohol sales in the C-T and resulting absence of full-service grocers in the Southside contributes to a lack of healthy, affordable and accessible food options for residents and visitors.

Attachment 2

The proposed Zoning Ordinance amendment would align the City’s regulation of Alcoholic Beverage Retail Sales in the C-T zoning district with those in every other commercial zoning district by allowing Alcoholic Beverage Retail Sales via a Use Permit process. A Use Permit requires a public hearing before the Zoning Adjustments Board (ZAB), and the ZAB’s decision is appealable to the City Council.

DISCUSSION
The proposed amendment is contained in BMC Chapter 23.204.020 Allowed Land Uses. The amendment to the Allowed Land Uses Table (Table 23.204-1) would change the regulation of the Retail Sale of Alcohol in the Telegraph Avenue Commercial District from not permitted (NP) to permitted through the Use Permit process (UPPH).

Table 1: Changes to BMC Section 23.204.020 Table 23.204-1

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC

Alcoholic
Beverage
Retail Sale
UP(PH)
*
UP(PH)
*
UP(PH)
*
UP(PH)
*
UP(PH)
*
UP(PH)
*
NP
UP(PH)
*
UP(PH)
*
UP(PH)
*
UP(PH)
*
UP(PH)
*

23.310

ENVIRONMENTAL REVIEW
The proposed Zoning Ordinance amendment does not include any allowances for additional development capacity or other new physical changes to the environment that are not already permitted and previously evaluated under CEQA. Adoption of the proposed amendment would in no way have a significant effect on the environment, and therefore is not subject to CEQA (CEQA Guidelines Section 15061(b)(3), Common Sense Exemption).

NEXT STEPS
Upon a recommendation from the Planning Commission, the City Council will conduct a public hearing on the proposed ordinance.

CONTACT PERSON
Faye Messner, Assistant Planner, Planning and Development Department, 510-981- 7484

ATTACHMENTS

1. Draft Planning Commission Resolution
Zoning Ordinance Amendments

2. City Council Referral

3. Public Hearing Notice

NOTICE OF PUBLIC HEARING

BERKELEY CITY COUNCIL
AMENDMENTS TO BMC TITLE 23 ZONING
The public may participate in this hearing by remote video or in-person.

Notice is hereby given by the City Council of the City of Berkeley that on TUESDAY, December 2, 2025 at 6:00 P.M. a public hearing will be conducted to consider the Planning and Development Department proposal to amend BMC Title 23 (Zoning) Section 23.204.020 to allow the retail sale of alcohol in the Telegraph Avenue Commercial (C-T) zoning district.

The hearing will be held on December 2, 2025 at 6:00 p.m. in the School District Board Room, located at 1231 Addison Street, Berkeley CA 94702.

For further information, please contact Faye Messner, Assistant Planner at (510) 981- 7484.

A copy of the agenda material for this hearing will be available on the City’s website at https://berkeleyca.gov/ as of November 20, 2025. Once posted, the agenda for this meeting will include a link for public participation using Zoom video technology, as well as any health and safety requirements for in-person attendance.

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

Communications to the Berkeley City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the City Clerk. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk at (510) 981-6900 or [email protected] for further information.

Published: November 21, 2025 – The Berkeley Voice
Public Hearing required by BMC 23.412.050 and Govt Code 65853; notice provided according to Govt Code 65090 and BMC 23.404.040.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 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 November 20, 2025.
__________________________________
Mark Numainville, City Clerk

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

PUBLIC HEARING
December 2, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: Amendments to Title 21 (Subdivisions) to Allow Separate Sale of ADUs

RECOMMENDATION
Conduct a public hearing, and upon conclusion, adopt the first reading of an Ordinance to amend Berkeley Municipal Code Title 21 (Subdivisions Ordinance) and Chapter

23.306 Accessory Dwelling Units to implement Assembly Bill (AB) 1033 by establishing local regulations for the separate sale of ADUs as condominiums.

FISCAL IMPACTS OF RECOMMENDATION
None.

CURRENT SITUATION AND ITS EFFECTS
The Berkeley Municipal Code (BMC) does not currently provide for the separate sale of ADUs. Assembly Bill (AB) 1033, a state law passed in 2024, allows municipalities to create regulations to permit the separate sale of ADUs.

On May 14, 2024, the City Council adopted a referral (Attachment 2) to prepare an ordinance to permit the separate sales of ADUs in Berkeley. The referral highlighted the potential of ADU condominiums to expand homeownership opportunities for moderate- income households, help existing homeowners build equity, and increase the supply of naturally affordable housing in the city. The proposed amendments to BMC Title 21 (Attachment 1) would provide for such separate sales.

Currently, condominium conversions are regulated in BMC Chapter 21.28 (Condominiums and Other Common Interest Subdivisions). The purposes of Berkeley’s Condominium Conversion regulations are to preserve the rental housing stock, protect existing renters, mitigate the loss of rental units through condominium conversion, and to create a transparent process for the conversion of rental units to condominiums.

Most ADUs are “naturally affordable” and exempt from rent control. In a study published in 2022, the Association of Bay Area Governments (ABAG) found that 20 percent of ADUs are offered rent-free, 16 percent are rented at discounted rates (presumably to

Amendments to BMC Title 21 (Subdivisions) regarding ADUs PUBLIC HEARING December 2, 2025

friends and family), and that most market-rate ADUs are affordable to low or moderate- income households in most markets.1
Recognizing the generally affordable nature of ADUs, the Planning Commission’s recommendation treats ADU condominiums differently than typical condominiums.

These differences include:
 Condominium Conversion Mitigation Fee: The proposed ordinance would not apply the Condominium Conversion Mitigation Fee to ADU condominiums. The Planning Commission felt the fee was unnecessary given the small scale of likely ADU condominium projects, and expressed concern that the amount of the Fee would discourage the creation of affordable homeownership opportunities from ADU condominiums.
 Tenant Protections: The Commission affirmed the importance of maintaining tenant protections consistent with existing Chapter 21.28 requirements, including notice provisions and the right to remain in a unit after conversion.

Under the Berkeley Rent Stabilization Ordinance (BMC 13.76), ADUs fall into three rent ordinance categories. The Planning Commission’s recommendation bases tenant protections on an ADU’s rent ordinance status.

A “Fully Covered Unit” is any residential rental unit that is not exempt under BMC

13.76.050. Covered units are subject to the rent-stabilization (rent ceiling/ maximum annual rent increase) provisions and good-cause protections.

According to the Rent Board, examples of Fully Covered Units include most multi-unit buildings built before June 1980, single family homes with tenants who moved in before 1996, and single-family homes with five or more rooms rented out with separate leases. For ADUs, examples of potentially Fully Covered Units include a legally established “secondary unit” with a certificate of occupancy predating the Rent Ordinance (June 1980), or a legally established “secondary unit” created before the City’s first ADU regulations (2003). “Partially Covered Units” are not subject to local rent ceilings but do remain subject to local just-cause eviction protections, registration, and annual security- deposit interest rules. According to the Rent Board, examples of Partially Covered Units include single family homes with current tenancies that began after 1996, most condominiums, and new construction that received a Certificate of Occupancy after June 1980. Post-2003 ADUs are typically Partially Covered. 1 Final Affordability of Accessory Dwelling Units. https://abag.ca.gov/sites/default/files/documents/2025- 04/ADU_Affordability_Report_June_13_2022.pdf

Amendments to BMC Title 21 (Subdivisions) regarding ADUs PUBLIC HEARING December 2, 2025

“Fully Exempt Units” include certain institutional housing types, Golden Duplexes, and tenancies in ADUs that started after November 2018 on properties where there is 1) only one single-family dwelling; 2) only one ADU; and 3) where an owner occupies either unit. Fully Exempt Units are not subject to local rent ceilings, local just-cause eviction protections, registration, or any annual security- deposit interest rules.

For purposes of the ADU Condominium ordinance, a Covered Rental ADU includes both Fully Covered and Partially Covered ADUs. The table below summarizes the applicability of tenants protections to ADU rentals.

Protection Fully Covered Partially
Covered Fully Exempt
Local rent ceilings (rent stabilization) Yes No No
Petition rights Yes Some No
Local just-cause eviction protections Yes Yes No
Rent Board registration requirement Yes Yes No
Annual security-deposit interest
requirement
Yes Yes No
Local filing of rent-increase and
termination notices
Yes Termination
notices only No
Exclusive Right to Purchase (ERP)
after condo conversion
Yes Yes No
Right to Remain / No Owner-Move-In
— after condo conversion
Yes Yes No
Recent no-fault eviction screen —
condo conversion eligibility
Yes Yes No

BACKGROUND
At its March 5, 2025 meeting, the Planning Commission received an informational report regarding AB 1033 implementation (Attachment 3) and directed staff to prepare an ordinance to permit separate sale of ADUs as condominiums. At its May 7, 2025 meeting, the Planning Commission received staff’s recommended BMC amendments (the creation of Title 21, Section 21.29: Accessory Dwelling Unit Condominium Subdivision) and recommended the proposed amendments included in Attachment 1.

At its meeting of July 29, 2025, the City Council considered revisions to the Zoning Ordinance related to ADU development standards. At that meeting, the City Council adopted the Zoning Ordinance amendments, and continued consideration of the ADU condominium changes to a future meeting.

Amendments to BMC Title 21 (Subdivisions) regarding ADUs PUBLIC HEARING December 2, 2025

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The proposed ordinance amendments to Title 21 (Subdivisions) do not include any allowances for additional development capacity or other new physical changes to the environment that are not already permitted and previously evaluated under CEQA. Adoption of the proposed amendments would in no way have a significant effect on the environment, and therefore is not subject to CEQA (CEQA Guidelines Section 15061(b)(3), Common Sense Exemption).

RATIONALE FOR RECOMMENDATION
The proposed ordinance amendments to Title 21 (Subdivisions) fulfill the City Council’s 2024 referral to adopt provisions to permit the separate sale of ADUs.

ALTERNATIVE ACTIONS CONSIDERED
As noted above, the Rent Stabilization Ordinance extends certain rights to sitting tenants in units covered by the Rent Ordinance that are proposed to be converted to condominiums. The Planning Commission had considered extending these protections to tenants of Exempt ADUs, who had occupied their units for at least 12 months.

Ultimately, the Planning Commission’s recommendation did not include extending these provisions to Exempt ADUs, due to a concern that such requirements could discourage the construction of new ADUs.

CONTACT PERSON
Branka Tatarevic, Associate Planner, Planning and Development, 510-981-7472.

Attachments:
1: Ordinance
2: City Council Referral to implement AB 1033, May 14, 2024. 3: Planning Commission Staff Report, March 5, 2025
4: Public Hearing Notice

ORDINANCE NO. -N.S.

AMENDMENTS TO BERKELEY MUNICIPAL CODE TITLE 21 (SUBDIVISIONS) TO

ALLOW SEPARATE SALE OF ACCESSORY DWELLING UNITS (ADU), AND A CONFORMING AMENDMENT TO TITLE 23 (ZONING) RELATED TO ADUS BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code Chapter 21.29 is added to Title 21 (Subdivisions) to read as follows:

21.29. Accessory Dwelling Unit Condominium Subdivision

21.29.010. -- Purpose and Applicability.

A. This Chapter establishes regulations and procedures for the subdivision of property to allow separate ownership of Accessory Dwelling Units (ADUs) from other buildings on the same lot in the City of Berkeley. It implements California Government Code Section 66342, which authorizes local ordinances permitting ADUs to be conveyed as condominiums.

B. This Chapter applies to all lots that contain (or will contain) one or more ADUs constructed in compliance with BMC Chapter 23.306 (Accessory Dwelling Units).

C. Notwithstanding any other provision of the Berkeley Municipal Code, an ADU condominium subdivision that conforms to this Chapter and state law may be approved and recorded as provided herein. An ADU condominium subdivision shall not be subject to the provisions of Chapter 21.28, except that:
1) Covered Rental ADUs. Covered Rental ADU means any rented ADU that is not a Fully-exempt unit under BMC 13.76.050(C). T enant protections of Chapter 21.28 shall apply in full, including:
a. A tenant in an ADU shall have a continued right to occupy the ADU after a conversion, pursuant to Section 21.28.090(C)(4). b. A tenant in an ADU shall have an exclusive right to purchase the unit, pursuant to Section 21.28.030(C) and

21.28.090(C)(2).
2) All other requirements of Chapter 21.28, including application procedures and rent-ceiling limitations, shall not apply to an ADU condominium subdivision processed under this Chapter unless expressly referenced above.

D. This Chapter is intended to provide a streamlined, ministerial process for qualifying ADU condominium subdivisions and shall remain operative only so long as state law authorizes such subdivisions (Government Code §66342).

21.29.020. -- Permit required.

The Planning Director shall review, on a ministerial basis and without a hearing, an application for a parcel map or a tentative and final map for an ADU Condominium subdivision, and shall approve the application if the criteria in Government Code Section 66342 and this section are satisfied.

Units other than ADUs that are part of an ADU Condominium Subdivision may be subject to the provisions of Chapter 21.28, or any other applicable regulations.

21.29.030 -- Eligibility.

A. A property is eligible for an ADU Condominium subdivision under this Chapter only if all the following criteria are met:
1) Existing Units. The lot contains at least one legally established primary dwelling unit and at least one legally established ADU, or there is a valid building permit for construction of a new ADU on the lot. The ADU must be in compliance with BMC Chapter 23.306.
2) Number of Condominium Units. In no event shall an ADU condominium subdivision result in more than ten (10) total condominium units on the lot inclusive of all residential, commercial, and accessory dwelling units.

B. Junior ADUs. Junior ADUs shall not be eligible for conversion to condominiums.

21.29.040 -- Application Requirements.

In addition to the information required by Section 21.24.020 (Parcel Maps, Form and Content) and Section 21.16.020 (Tentative Maps, Form and Content), an application for an ADU condominium subdivision shall include all of the following information:

A. The condominium shall be created pursuant to the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code).

B. Subdivision Map Act Compliance. The condominium shall be created in conformance with all applicable objective requirements of the Subdivision Map Act (Division 2, commencing with Section 66410) and all other objective requirements of this Part.

C. Safety Inspection. Prior to the recordation of the condominium plan, a safety inspection of the ADU shall be conducted as evidenced either through a certificate of occupancy or housing quality standards report from a building inspector certified by the United States Department of Housing and Urban Development.

D. Lienholder Consent.
1) Neither a subdivision map nor a condominium plan shall be recorded with the county recorder without obtaining the written consent of each lienholder.

A lienholder may refuse to give consent. A lienholder may also consent provided that any terms and conditions required by the lienholder are satisfied. Prior to recordation of the initial or any subsequent modifications to the condominium plan, written evidence of the lienholder’s consent shall be provided to the Assessor-Recorder along with a signed statement from each lienholder that states as follows:
"(Name of lienholder) hereby consents to the recording of this condominium plan in its sole and absolute discretion, and the borrower has or will satisfy any additional terms and conditions the lienholder may have." 2) Required Information. The lienholder’s consent, whether included directly on the condominium plan or attached thereto, must include the following information:
a. The lienholder’s signature.
b. The name of the record owner or ground lessee.
c. The legal description of the real property.
d. The identities of all parties with an interest in the real property as reflected in the public records.
e. A statement that the lienholder’s consent shall be recorded in the Office of the County Recorder.

E. Tenant Protections Notice for Covered Rental ADUs. Proof of service of a Notice of Tenants’ Rights Regarding ADU Condominium Conversion, on a form required by the City, shall be submitted for each tenant household occupying the subject

Covered Rental ADU, no earlier than 60 days prior to the date of the application.

The Notice shall include, but not be limited to:
1) The tenant’s continued right to occupy the unit pursuant to Section

21.28.090(C)(4), which prohibits eviction for the purpose of occupancy by the owner or the owner's relatives so long as the unit remains the tenant’s principal place of residence.
2) Information concerning any agreement by the owner to limit rents under Section 21.28.080(B).
3) The tenant’s exclusive right to purchase the unit under 21.28.090(C)(2).

F. Notice to providers of utilities. If an ADU is established as a condominium, the owner shall notify providers of utilities, including water, sewer, gas, and electricity, of the condominium creation and separate conveyance.

G. The owner of a property or a separate interest within an existing planned development that has an existing association, as defined in Section 4080 of the Civil Code, shall not record a condominium plan to create a common interest development under Section 4100 of the Civil Code without the express written authorization by the existing association.

For purposes of this subdivision, written authorization by the existing association means approval by the board at a duly noticed board meeting, as defined in Section 4090 of the Civil Code, and if needed pursuant to the existing association’s governing documents, membership approval of the existing association.

21.29.050 -- Required Notice to Consumers.

The City shall include the following notice to consumers on any Accessory Dwelling Unit (ADU) or Junior Accessory Dwelling Unit (JADU) submittal checklist or public information describing requirements and permitting for ADUs, and as a standard condition of any building permit or condominium plan approval:
“NOTICE: If you are considering establishing your primary dwelling unit and accessory dwelling unit as a condominium, please ensure that your building permitting agency allows this practice. If you decide to establish your primary dwelling unit and accessory dwelling unit as a condominium, your condominium plan or any future modifications to the condominium plan must be recorded with the County Recorder. Prior to recordation or modification of your subdivision map and condominium plan, any lienholder with a lien on your title must provide a form of written consent either on the condominium plan, or on the lienholder’s consent form attached to the condominium plan, with text that clearly states that the lender

approves recordation of the condominium plan and that you have satisfied their terms and conditions, if any.

In order to secure lender consent, you may be required to follow additional lender requirements, which may include, but are not limited to, one or more of the following:
(a) Paying off your current lender.

You may pay off your mortgage and any liens through a refinance or a new loan. Be aware that refinancing or using a new loan may result in changes to your interest rate or tax basis. Also, be aware that any subsequent modification to your subdivision map or condominium plan must also be consented to by your lender, which consent may be denied.
(b) Securing your lender’s approval of a modification to their loan collateral due to the change of your current property legal description into one or more condominium parcels.
(c) Securing your lender’s consent to the details of any construction loan or ground lease.

This may include a copy of the improvement contract entered in good faith with a licensed contractor, evidence that the record owner or ground lessee has the funds to complete the work, and a signed statement made by the record owner or ground lessor that the information in the consent above is true and correct.” Section 2. That Municipal Code Section 23.306.040(C)(2) is amended to read as follows:

2. The ADU shall not be sold separately from the main building, unless authorized under BMC 21.29 (ADU Condominium Ordinance) or unless the conditions of under BMC 23.306.040(D) -- ADUs Developed by a Qualified Nonprofit Developer, or as otherwise permitted by state law. are met;
Section 3. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

Rashi Kesarwani
Councilmember, District 1

CONSENT CALENDAR
May 14, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Councilmember Rashi Kesarwani (Author)
SUBJECT: Increasing Entry Level Homeownership Opportunities:

Implementation of AB 1033 to Allow Accessory Dwelling Units (ADUs) To Be Sold Separately

RECOMMENDATION
Refer to City Manager to implement AB 1033, which would allow Accessory Dwelling Units (ADUs) to be sold separately from a primary unit.

This referral would necessitate elimination of any mention of sales restrictions as they pertain to ADUs within the Berkeley Municipal Code and adoption of an ordinance allowing ADU sales separate from a primary unit(s).

CURRENT SITUATION AND ITS EFFECTS
AB 1033 Allows ADUs to be Sold Separately from a Primary Residence, Increasing Entry Level Homeownership Opportunities. State law AB 1033, effective January 1, 2024, eliminates the prior state law prohibiting the mapping and selling of a single-family home and its ADU as condominium units. While this prohibition on condominium conversion has been lifted, local agencies must opt-in and amend their codes to permit these entry-level homeownership opportunities. Congruent with the condominium homeownership model, property owners wishing to sell an ADU will need to notify their utility provider and establish a homeowners’ association responsible for overseeing property maintenance. ADUs tend to be more affordable than a typical single-family home. By permitting the independent sale of ADUs, the City of Berkeley can increase the available stock of entry-level homeownership opportunities. Further, ADU condominium conversion purchases are eligible for federally guaranteed mortgages, easing financing opportunities for homebuyers.1 AB1033 not only helps households seeking entry-level homeownership opportunities, it can also help existing homeowners to age in place by providing lump-sum resources from an ADU sale. 1 Casita Coalition and Reuben, Junius & Rose LLP: AB 1033 - How to Implement New State ADU Condominium Laws, p. 1
https://static1.squarespace.com/static/5f2c2d67c58236227115e0de/t/65397c083ac9fc75cf8701fd/169 8266121029/AB-1033-Casita-Coalition-RJR-ADU-Condos-memo.pdf

ATTACHMENT 2Page 10 of 29

2 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7110 ● Fax: (510) 981-7111 E-Mail: [email protected]

BACKGROUND
California, particularly the Bay Area, faces an ongoing housing crisis, with affordability and accessibility becoming increasingly challenging for residents. As the state grapples with this issue, nearly 20 percent of housing units constructed in California today are ADUs, reflecting the significant contribution that ADUs are making in reducing the housing shortage.2 According to the California Association of Realtors Housing Affordability Index, only 17 percent of households in the state can afford a single-family home, a figure that falls significantly below the national average.3
The California Legislative Analyst’s Office, a nonpartisan entity, examined the state's exorbitant housing costs and delineated various factors contributing to it, notably a pronounced housing shortage, particularly in coastal California.4 Since 1980, housing construction in California has lagged significantly behind both national and historical averages. Despite a national housing boom in the mid-2000s, California's housing production remained relatively sluggish. Moreover, merely 10 percent of Berkeley's housing units were constructed after 1980.5 As construction slowed over time, California's housing costs escalated, surpassing the national average. Presently, home prices in Berkeley stand at $1.4 million compared to the national average of $354,000.6 In their report, "Closing California’s Housing Gap," the McKinsey Global Institute proposed specific measures to alleviate housing insecurity in the state. They recommend tackling housing scarcity by identifying potential "hot spots" for housing creation, such as areas within a half-mile radius of transit hubs, underutilized urban lots, and the addition of extra units to single-family homes.7
While the impact of high housing costs disproportionately affects certain racial and socioeconomic groups, there is also a noticeable generational divide. The scarcity of affordable housing near employment opportunities, coupled with mounting student debt, has resulted in a net worth for young households that is 20 percent lower than that of baby boomers in 1989 and 40 percent lower than that of Generation X families in 2001.

Additionally, homeownership is increasingly unattainable for younger generations, with millennials being 8 percent less likely to own homes compared to baby boomers and Gen Xers.8 Nearly half of households aged 18-34 are considered rent-burdened. The Urban 2 Casita Coalition and Reuben, Junius & Rose LLP: AB1033 – How to Implement New State ADU Condominium Law, p.1
https://static1.squarespace.com/static/5f2c2d67c58236227115e0de/t/65397c083ac9fc75cf8701fd/169 8266121029/AB-1033-Casita-Coalition-RJR-ADU-Condos-memo.pdf 3 Casita Coalition and Reuben, Junius & Rose LLP: AB1033 – How to Implement New State ADU Condominium Law, p.1
https://static1.squarespace.com/static/5f2c2d67c58236227115e0de/t/65397c083ac9fc75cf8701fd/169 8266121029/AB-1033-Casita-Coalition-RJR-ADU-Condos-memo.pdf 4 California’s High Housing Costs, Causes and Consequences (2015) Legislative Analyst’s Office. https://lao.ca.gov/reports/2015/finance/housing-costs/housing-costs.aspx 5 2015-2023 Berkeley Housing Element (2014). City of Berkeley. https://cityofberkeley.app.box.com/s/x7cfk49voo9hr56iw3exsqogx0w7e6y3 6 Home Values (2024) https://www.zillow.com/home-values/ 7 Woetzel,J., Mischke, J., Peloquin, S., and Weisfield, D. (2016, October). A Toolkit to Close California’s Housing Gap: 3.5 Million Homes by 2025. McKinsey Global Institute:
https://www.mckinsey.com/~/media/mckinsey/industries/public%20and%20social%20sector/our%20in sights/closing%20californias%20housing%20gap/closing-californias-housing-gap-full-report.pdf 8 Grabar, Henry. (2019). I Got Mine. Slate Magazine.

3 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7110 ● Fax: (510) 981-7111 E-Mail: [email protected]
Institute conducted an extensive study on the barriers to millennial homeownership and recommended a series of policy changes, with a key recommendation being the alteration of land use and zoning restrictions, particularly in areas with rigid housing supply.9 Furthermore, moderate-income earners often find themselves unable to access Below Market Rate (BMR) housing, exacerbating the issue. Naturally affordable housing options, such as ADUs, often offer a pathway to more affordable living. An analysis by the Terner Center revealed that 58 percent of ADU owners rented their units at below-market-rate rent.

Due to their smaller size and/or cost-effective construction, ADUs frequently provide more affordable options for both owners and renters compared to single-family homes.10

FISCAL IMPACT
Staff time to amend the Berkeley Municipal Code to eliminate mention of sales restrictions as they pertain to ADUs and to prepare an ordinance allowing ADU sales separate from the main unit(s).

ENVIRONMENTAL SUSTAINABILITY
The recommendation to promote ADUs has significant implications for environmental sustainability, particularly through the concept of infill housing, especially near transit hubs.

By encouraging the construction of ADUs, cities can capitalize on existing infrastructure and minimize urban sprawl by using underutilized parcels within established neighborhoods. This approach to infill housing not only optimizes land use but also reduces the need for further development on undeveloped land, preserving natural habitats and open spaces.11 Moreover, situating ADUs near transit promotes alternative modes of transportation, such as walking, biking, or public transit, thus reducing reliance on cars and lowering greenhouse gas emissions associated with commuting. Overall, the strategic implementation of ADUs as infill housing near transit contributes to a more sustainable urban environment, aligning with efforts to combat climate change and promote eco-friendly living practices.

Expanding housing options plays a crucial role in addressing environmental concerns, aligning with the City of Berkeley's Climate Action Plan. Researchers from the University of California have developed a climate policy tool for local governments to evaluate policies' https://slate.com/business/2019/05/californiahousing-crisis-boomer-gerontocracy.html 9 Choi, j., Zhu, J., Goodman, L., Ganesh, B., and Strochak, S. (July 2018). Millennial Homeownership.

The Urban Institute.
https://www.urban.org/sites/default/files/publication/98729/millennial_homeownership.pdf 10 Garcia, D. (2017). ADU Update: Early Lessons and Impacts of California’s State and Local Policy Changes. Terner Center for Housing Innovation. https://ternercenter.berkeley.edu/research-and- policy/adu-update-early-lessons-and-impacts-of-californias-state-and-local-policy-changes/ 11 The Environmental Center September 24, 2020 Blog Post: Accessory Dwelling Units: A Sustainable Housing Solution: https://envirocenter.org/accessory-dwelling-units-a-sustainable-housing- solution/#:~:text=Since%20these%20units%20tend%20to,more%20sustainable%20and%20livable%2 0community.

4 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7110 ● Fax: (510) 981-7111 E-Mail: [email protected]
effectiveness in reducing carbon footprints. Their study of 700 cities revealed that infill housing has the most significant impact.12

CONTACT PERSON
Councilmember Rashi Kesarwani, District 1 (510) 981-7110 Attachments:

Casita Coalition and Reuben, Junius & Rose LLP: AB 1033 - How to Implement New State ADU Condominium Law. Pages 3-5 include required text in ADU condominium ordinances – Cal. Govt. Code Section 65852.2(a)(10)
12 Jones, C, Wheeler, S, and Kammen, D. (2018) California Local Government Climate Policy Tool.

Cool Climate Network. https://coolclimate.berkeley.edu/ca-scenarios/index.html

AB1033 – HOW TO IMPLEMENT NEW STATE ADU CONDOMINIUM LAW

Today, nearly 20% of housing units built in California are accessory dwelling units (“ADUs”). According to the California Association of Realtors Housing Affordability Index, only 17% of households can afford a single-family home, less than half of the national average. In many States across the country, ADU condo conversion projects are re-enabling a generation of home buyers to live in the communities of their choice near work and family. The State of Washington recently required all local agencies to allow conversions of a primary unit and ADU to condominiums for sale.

Consequently, in Seattle and Portland 40% to 50% of ADUs constructed are sold as condominiums to new homebuyers, where they are bought for approximately half the value of a stand-alone single-family home. Such ADU condo conversion purchases are eligible for federally guaranteed mortgages, making them easy to finance for ordinary homebuyers.

The California State Legislature recently adopted a new law, AB1033, that creates affordable options for homeownership by allowing ADU’s to be sold separately from a primary unit. AB1033 removes the previous State law prohibition against mapping and selling a single-family home and its ADU as condominiums. Even though this prohibition on condo conversion has been eliminated, it is up to Local Agencies to amend their codes to allow these entry-level home ownership opportunities.

WHAT NEEDS TO BE DONE TO ALLOW SALE OF ADUS?

Respecting local control, the Legislature left it up to Local Agencies to amend their municipal code(s) to allow these entry-level home ownership opportunities through the sale of ADUs. The Casita Coalition and Reuben, Junius, and Rose, LLP have developed this guidance to encourage your Local Agency to make the following changes to your code(s), procedures and policies to re-enable Californians priced out of many of our communities to once again have a dream of buying a home by enabling more naturally-affordable condominiums for sale.

RECOMMENDED STEPS TO IMPLEMENT SALE OF ADUS

1. Eliminate Sale Restrictions. Remove all provisions in your municipal code that prohibits the sale or other conveyance of an ADU. These restrictions are typically included in local Condominium Codes and Zoning Codes.

2. Adopt Legislation Expressly Allowing ADU Sales. To align local rules with State law, adopt changes to the municipal code that allow conversion of a home and its ADU into condominiums subject to the requirements of the Davis- Stirling Common Interest Development Act (Cal. Civ. Code Sec. 4400-6150.) Appropriate amendment text will differ depending on the existing municipal code, but AB1033 requires a list of express provisions be included in such local ordinance, attached at the end of this document.

3. Publish ADU Checklists. Provide a comprehensive checklist for any ADU building permit and for ADU condominium/subdivision projects, indicating Subdivision Map Act compliance and lender subordination information.

4. First Right of Offer to Owner Occupants. To further encourage new homeownership, consider including a condition of approval for establishing condominiums of a primary unit and ADU giving a first right of offer for a period of 45 days on publicly accessible databases, e.g., MLS, to buyers indicating an intent to live in the property (either themselves or their immediate family). To avoid issues with lenders, however, do not require owner occupancy.

5. Create “Grow Homeownership” Program. Establish a program with dedicated staff that expedites ADU condominium processing with first comments to be issued within 45 days of submission of a complete application. • Consider waiving or reducing application and impact fees otherwise applied to condominiums.
• The Grow Homeownership Program could be paired with other funding programs your jurisdiction may have, e.g., through SB2 (2017) funds.

If you have any questions or would like to discuss any of the above, please do not hesitate to reach out to Justin A. Zucker from Reuben, Junius & Rose, LLP at 415.656.6489 or [email protected].

AB1033 – Required Text in ADU Condominium Ordinances – Cal. Govt. Code Sec. 65852.2(a)(10)

(A) The condominiums shall be created pursuant to the Davis -Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code).

(B) The condominiums shall be created in conformance with all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)) and all objective requirements of a local subdivision ordinance.

(C) Before recordation of the condominium plan, a safety inspection of the accessory dwelling unit shall be conducted as evidenced either through a certificate of occupancy from the local agency or a housing quality standards report from a building inspector certified by the United States Department of Housing and Urban Development.

(D) (i) Neither a subdivision map nor a condominium plan shall be recorded with the county recorder in the county where the real property is located without each lienholder’s consent. The following shall apply to the consent of a lienholder:

(I) A lienholder may refuse to give consent.

(II) A lienholder may consent provided that any terms and conditions required by the lienholder are satisfied.

(ii) Prior to recordation of the initial or any subsequent modifications to the condominium plan, written evidence of the lienholder’s consent shall be provided to the county recorder along with a signed statement from each lienholder that states as follows:

“(Name of lienholder) hereby consents to the recording of this condominium plan in their sole and absolute discretion and the borrower has or will satisfy any additional terms and conditions the lienholder may have.”

(iii) The lienholder’s consent shall be included on the condominium plan or a separate form attached to the condominium plan that includes the following information:

(I) The lienholder’s signature.

(II) The name of the record owner or ground lessee.

(III) The legal description of the real property.

(IV) The identities of all parties with an interest in the real property as reflected in the real property records.

(iv) The lienholder’s consent shall be recorded in the office of the county recorder of the county in which the real property is located.

(E) The local agency shall include the following notice to consumers on any accessory dwelling or junior accessory dwelling unit submittal checklist or public information issued describing requirements and permitting for accessory dwelling units, including as standard condition of any accessory dwelling unit building permit or condominium plan approval:

“NOTICE: If you are considering establishing your primary dwelling unit and accessory dwelling unit as a condominium, please ensure that your building permitting agency allows this practice. If you decide to establish your primary dwelling unit and accesso ry dwelling unit as a condominium, your condominium plan or any future modifications to the condominium plan must be recorded with the County Recorder. Prior to recordation or modification of your subdivision map and condominium plan, any lienholder with a lien on your title must provide a form of written consent either on the condominium plan, or on the lienholder’s consent form attached to the condominium plan, with text that clearly states that the lender approves recordation of the condominium plan and that you have satisfied their terms and conditions, if any.

In order to secure lender consent, you may be required to follow additional lender requirements, which may include, but are not limited to, one or more of the following:

(a) Paying off your current lender.

You may pay off your mortgage and any liens through a refinance or a new loan. Be aware that refinancing or using a new loan may result in changes to your interest rate or tax basis. Also, be aware that any subsequent modification to your subdivision map or condominium plan must also be consented to by your lender, which consent may be denied.

(b) Securing your lender’s approval of a modification to their loan collateral due to the change of your current property legal description into one or more condominium parcels.

(c) Securing your lender’s consent to the details of any construction loan or ground lease.

This may include a copy of the improvement contract entered in good faith with a licensed contractor, evidence that the record owner or ground lessee has the funds to complete the work, and a signed statement made by the record owner or ground lessor that the information in the consent above is true and correct.”

(F) If an accessory dwelling unit is established as a condominium, the local government shall require the homeowner to notify providers of utilities, including water, sewer, gas, and electricity, of the condominium creation and separate conveyance.

(G) (i) The owner of a property or a separate interest within an existing planned development that has an existing association, as defined in Section 4080 of the Civil Code, shall not record a condominium plan to create a common interest development under Section 4100 of the Civil Code without the express written authorization by the existing association.

(ii) For purposes of this subparagraph, written authorization by the existing association means approval by the board at a duly noticed board meeting, as defined in Section 4090 of the Civil Code, and if needed pursuant to the existing association’s governing documents, membership approval of the existing association.

(H) An accessory dwelling unit shall be sold or otherwise conveyed separate from the primary residence only under the conditions outlined in this paragraph or pursuant to Section 65852.26.

ATTACHMENT 3
Planning and Development Department
Land Use Planning Division

STAFF REPORT
March 5, 2025
TO: Members of the Planning Commission
FROM: Branka Tatarevic, Associate Planner
SUBJECT: Accessory Dwelling Unit (ADU) Ordinance Amendments

RECOMMENDATION
Staff recommends that the Planning Commission review the staff report, receive the staff presentation, consider public comments, and provide feedback to staff on potential amendments to the ADU Ordinance.

BACKGROUND
The consideration of updates to the ADU ordinance has been prompted by a number of factors including a City Council referral for implementation of Assembly Bill (AB) 1033, the California Department of Housing and Community Development’s (HCD) review of Berkeley’s ADU Ordinance, and changes to state law pertaining to ADUs.

Assembly Bill 1033 (ADU Condominiums)
AB 1033 (Gov. Code § 66340 – 66342), which took effect on January 1, 2024, allows ADUs to be sold separately from the primary residence as condominiums, creating new opportunities for entry-level homeownership. Prior to AB 1033, California law prohibited the separate conveyance of ADUs, requiring them to remain under the same ownership as the primary dwelling unit. AB 1033 lifts this restriction, but local jurisdictions must opt- in by adopting an ordinance to enable separate ADU sales.

On May 14, 2024, the Berkeley City Council approved a referral (Attachment 1) directing the City Manager to implement AB 1033 by amending the Berkeley Municipal Code to eliminate restrictions on the sale of ADUs and adopt an ordinance allowing their separate sale. The referral emphasizes the potential of ADU condominiums to increase homeownership opportunities for moderate-income households, help existing homeowners generate equity, and expand naturally affordable housing options in the city.

As of today, the City of San José remains the only jurisdiction in California to have adopted an ADU condominium ordinance (Attachment 4). Staff have met with the San José team to discuss their approach to AB 1033 implementation, as well as their processing procedures. San José's ADU Condominium Ordinance is separate from its existing ADU, subdivision or other land use regulations and applies only to the creation of ADU condominiums. The ordinance limits ADU condo projects to a maximum of four

ADU Condominium Ordinance and State/HCD ADU Updates Planning Commission Staff Report March 5, 2025

units, as subdivisions with four nor fewer units can be processed ministerially as Parcel Maps, rather than through the discretionary process required for Tentative Tract Maps.

Unlike Berkeley, San José does not have its own policies to disincentivize condo conversions or mitigate the impacts of condo conversions on the affordability of the rental housing market.

ADU Letter from California Housing and Community Development Department As part of its oversight of local ADU regulations, HCD issued a letter to the City of Berkeley on May 3, 2024 (Attachment 2), reviewing the Berkeley Municipal Code Chapter 23.306 (Accessory Dwelling Units)1, which was adopted on October 10, 2023.

In the letter, HCD asserted that several provisions of BMC Chapter 23.206 do not align with state ADU law and must be amended.

The City responded to HCD’s letter on June 3, 2024 (Attachment 3). The City’s letter determined that:
 a number of the HCD’s suggested changes were minor. These minor changes were included in the State Law and Technical Edits package the Planning Commission recommended in June 2024;
 a select number of findings did not require any changes; and  an additional set of findings required policy consultation with the City Council.

These are the findings included in this report for policy recommendations from the Planning Commission.

California Government Code Section 66323 includes types of ADUs that the City must approve ministerially. Generally speaking, these are ADUs that are 800 square feet or less, meet specified height requirements, and comply with specified rear and side setback requirements. While the City can adopt development standards and regulations for larger ADUs, cities are limited in the regulation of these “Section 66323 ADUs”
Senate Bill 1211
Senate Bill 1211 (SB 1211) was signed into law in on September 19, 2024. SB 1211 contains two provisions which could require amendments to the BMC.

Previously, state law allowed only two detached ADUs on a multifamily lot. SB 1211 now permits up to eight detached ADUs on a multifamily lot, or a number equal to the existing units on the lot, whichever is less. BMC Chapter 23.206 is proposed to be amended to comply with SB 1211 as part of the annual State Law and Technical Edits (STLE) package which the Planning Commission will review in the spring.

Additionally, SB 1211 includes a provision which prohibits the City from imposing objective development or design standards on Section 66323 ADUs beyond what is authorized in state law.

DISCUSSION
1 https://berkeley.municipal.codes/BMC/23.306

ADU Condominium Ordinance and State/HCD ADU Updates Planning Commission Staff Report March 5, 2025

Assembly Bill 1033 and ADU Condominiums
AB 1033 Local Ordinance Requirements
AB 1033 allows a city to adopt a local ordinance permitting separate sale of the primary dwelling and one or more ADUs as condominiums. To do so, the local ordinance must include the following components:
 Compliance with:
o the Subdivision Map Act;
o the Davis-Stirling Act (the state law that regulates condominiums); and o the City’s Subdivision Ordinance (Title 21).
 A procedure to obtain lienholders’ consent (i.e., the property owner must get the mortgage lender’s sign-off before a separate sale would be permitted).  A process to conduct and verify a safety inspection. Obtaining a Certificate of Occupancy from the city, or obtaining an inspection report from a HUD-certified inspector are two of the most common approaches to meeting this requirement.  Mandatory consumer disclosures regarding lender requirements.

If an ADU is tenant-occupied and the property owner seeks to sell the ADU as a separate condominium under an AB 1033 ADU Condominium Ordinance (once the city adopts it), the city may require that a tenant receive a right of first refusal. If the city were interested in implementing an ordinance with a right of first refusal requirement, an AB 1033 ADU Condominium Ordinance could treat ADU condos the same as typical condos under the city’s own Condo Conversion Ordinance (BMC Chapter 21.28)2, or it could include different requirements for the conversion of ADUs to condos.

Existing City Regulations Governing Condominiums
Existing Subdivision Ordinance (BMC Title 21 (Subdivisions))3 BMC Title 21 (Subdivisions) was enacted for the purpose of adopting regulations to implement and supplement the State’s Subdivision Map Act. Title 21 includes:
 A ministerial process for the creating a Parcel Map for four or fewer parcels or condo units;
 A discretionary process for Tentative Maps for creating five or more parcels or condo units;
 Condo conversion regulations; and
 Design requirements, procedures for lot line adjustments and subdivision improvement requirements.

Existing Condominium Conversion Ordinance (BMC Chapter 21.28)4 2 https://berkeley.municipal.codes/BMC/21.28
3 https://berkeley.municipal.codes/BMC/21
4 https://berkeley.municipal.codes/BMC/21.28

ADU Condominium Ordinance and State/HCD ADU Updates Planning Commission Staff Report March 5, 2025

Berkeley’s Condominium Conversion Ordinance lays out the procedures, fees, and required tenant protections for applicants proposing to convert existing dwelling units into condominiums. It also includes the city’s annual limit on allowable condo conversions.

Generally, BMC Chapter 21.28 requires:
 Payment of a Condo Conversion Mitigation Fee;
 Tenant protections, including notice, relocation assistance, and right of first refusal.

Since 1992, the City of Berkeley has imposed a Condo Conversion Housing Mitigation Fee. Revenues from the fee accrue to the Berkeley Housing Trust Fund to help finance construction and rehabilitation of permanently affordable housing in Berkeley.

The fee is calculated by dividing the difference between the costs of owning the unit as a condominium less the rental costs by the current fixed mortgage rate. The following is an example of a fee calculation from the city’s Residential Condominium Conversion Packet.5
 Rental Costs = $1,500 per month x 12 months/year = $18,000 annually  Ownership Cost (including principal, interest, taxes, insurance, and homeowners’ association dues) = $2,700 per month x 12= $32,400
 Assume a mortgage rate of 6.5 percent.
 Increased housing cost due to ownership conversion of the unit = $32,400 - $18,000 = $14,400
 Mitigation Fee = $14,400/0.065 = $221,538
In addition, Berkeley’s Condo Conversion Housing Mitigation Fee is designed to encourage property owners to extend protections to their tenants. Owners providing additional tenant protections specified in the Condo Conversion Ordinance receive a decrease in the amount of the fee, which is capped at 8% of the total sales price, or 4% of the total sales prices for 2-unit properties.

Berkeley Rent Ordinance (BMC Chapter 13.76)6
Under Berkeley’s Rent Stabilization Ordinance, units with a Certificate of Occupancy issued after June 30, 1980, are generally exempt from rent ceiling controls. Most ADUs 5 City of Berkeley, Residential Condominium Conversion Packet, Updated: July 1, 2022. https://berkeleyca.gov/sites/default/files/documents/Condo%20Packet%2007-01- 2022_Posted%20Online.pdf
6 https://berkeley.municipal.codes/BMC/13.76

ADU Condominium Ordinance and State/HCD ADU Updates Planning Commission Staff Report March 5, 2025

fall into this “new construction” exemption, though they still must follow just-cause eviction rules (BMC § 13.76.130).

Policy Questions for Planning Commission Discussion
1) Regulation of ADU Condos.

Should ADU condos be treated as any other condominium under Chapter 21.28— including payment of the Condominium Conversion Mitigation Fee, tenant protections, and discretionary approval for five or more units—or should the city create a streamlined path for ADU condominiums (as San Jose does)? 2) Right of First Refusal.

Should an AB 1033 ordinance require a right of first refusal for any tenant occupying an ADU that is being sold as a separate condominium? If so, should the right be the same as the current Condo Conversion Ordinance (i.e., one year to respond) or should it include a different timeline for ADU condominiums?
ADU Letter from California Housing and Community Development Department On May 3, 2024, HCD sent a letter regarding the ADU Ordinance (Attachment 2), and the city responded on June 3, 2024 (Attachment 3). The letter included a set of findings which called for policy consultation with the Planning Commission, which are included below.

Number of ADUs Permitted
In its letter of May 3, 2024, HCD found that BMC Chapter 23.306 did not permit as many Section 66323 ADUs as required under state law. Currently, Table 23.306-1 (Unit Allowance) permits one ADU and one Junior ADU on a parcel with an existing single- family dwelling. HCD asserted that Government Code Section 66323 permits a homeowner, who meets specified requirements, to create one converted ADU; one detached, new construction ADU; and one JADU, for a total of three Section 66323 ADUs.

This is consistent with the latest HCD ADU Handbook (January 2025)7, which explains that on single-family lots specifically, local agencies must allow Category (a)(1) (converted ADU) and Category (a)(2) (detached ADU) together, plus one JADU (also described in Gov. Code § 66323(a)(1)).

Originally, BMC Section 23.306.020(B) was drafted based on HCD’s December 2020 ADU Handbook, which stated that the two new ADU/JADU categories under former 7 California Housing and Community Development Department, Accessory Dwelling Unit Handbook, January 2025. https://www.hcd.ca.gov/sites/default/files/docs/policy-and-research/adu-handbook- update.pdf

ADU Condominium Ordinance and State/HCD ADU Updates Planning Commission Staff Report March 5, 2025

subdivision (e) “are not required to be combined.” At that time, it appeared an applicant seeking to build both an ADU and a JADU would have to choose between a single- family ADU+JADU “conversion configuration” or “detached configuration,” rather than do both. However, in July 2022, HCD updated its guidance to clarify that the four statutory categories of ADUs “may be combined”—meaning a local government “must allow (A) and (B) together or (C) and (D) together.”
Question for the Planning Commission: Should the Berkeley Municipal Code (BMC) be amended to clearly allow up to three units on a single-family property: one interior/converted ADU, one detached new-construction ADU, and one JADU? Conversion of Accessory Structures
In its letter of May 3, 2024, HCD found that the city must amend the BMC to remove the words “legally established” from BMC Section 23.306.030(A)(3), related to the conversion of accessory structures.

BMC Section 23.306.030(A)(3) states “An ADU converted from a legally established accessory building or accessory structure is allowed to maintain non-conformity to the same location and dimensions of the existing accessory building or accessory structure….”
Question for the Planning Commission: Should the Berkeley Municipal Code (BMC) be amended to remove the requirement that an accessory building or structure be “legally established” to be eligible for conversion to an ADU?
JADUs and Enclosed Uses
BMC Section 23.306.030(B) allows JADUs “within an existing or proposed single family dwelling or its attached garage….” It is later defined in Section 23.502.020(A)(4)(a) as, “A unit that is contained entirely within the walls of an existing or proposed single family dwelling, or a single-family dwelling unit’s attached garage.” In its letter of May 3, 2024, HCD found that Government Code Section 66333 provides a broader allowance, stating “For purposes of this subdivision, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence,” and that the BMC must allow JADUs in other enclosed uses not limited to the single-family residence and an attached garage.

City staff interprets the existing BMC language to already include other enclosed areas of the single-family dwelling. Specifically, the BMC definition of “accessory uses” (BMC Section 23.502.020(B)(2)(a)) is broad and extends beyond just the attached garage (e.g., storage rooms, basements). There is no instance staff could envision where an enclosed space would be excluded from conversion under the current definition.

Question for the Planning Commission: Should the Berkeley Municipal Code (BMC) be amended to explicitly expand eligibility to all “enclosed uses”?

ADU Condominium Ordinance and State/HCD ADU Updates Planning Commission Staff Report March 5, 2025

Deed Restriction
BMC Section 23.306.040 states that “A completed [ADU] application must include evidence of compliance with this Chapter, including development standards, deed restrictions, and neighborhood noticing.”
In its letter of May 3, 2024, HCD found Government Code section 66317, states, “No local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this section,” and therefore the city may not condition approval of an ADU application on the recordation of a deed restriction.

Under the ADU Ordinance, the requirement that a deed restriction be recorded is not a condition of approval; it is a requirement for a completed application. City staff does not interpret this provision as allowing the city to delay or deny a permit solely for lack of a recorded deed restriction.

Question for the Planning Commission: Should the Berkeley Municipal Code (BMC) be amended to remove the deed restriction requirements for a completed application? JADU Rental Term
BMC Section 23.306.040(C)(3) states that a JADU cannot be rented for a term that is shorter than 30 days. In its letter of May 3, 2024, HCD found that while Government Code section 66333 allows the city to adopt an ordinance to provide for the creation of JADUs, and includes the provisions that can be included in the ordinance, the provisions do not include requiring a minimum rental term of 30 days. Therefore, HCD states that the 30-day rental term minimum for JADUs must be removed. The current 30-day minimum rental term for ADUs complies with state law.

Question for the Planning Commission: Should the Berkeley Municipal Code (BMC) be amended to remove the 30 days minimum rental term for JADUs? Senate Bill 1211
SB 1211 (signed on September 19, 2024) allows up to eight detached ADUs on a lot with an existing multifamily dwelling (subject to certain limits). Staff intends to incorporate this statutory update into the upcoming State Law and Technical Edits (SLTE) Zoning Amendments package that will come before the Planning Commission for public hearing this Spring.

SB 1211 also includes a provision which prohibits the City from imposing objective development or design standards on Section 66323 ADUs beyond what is authorized in state law. There are two provisions in the BMC which may conflict with this provision. 1) ADUs in the Front Setback: BMC Chapter 23.306.030(A)(4) prohibits the placement of ADUs in the front setback unless the only location on a lot that can accommodate an

ADU Condominium Ordinance and State/HCD ADU Updates Planning Commission Staff Report March 5, 2025

800 square foot ADU is within the front setback. The section also includes specific front setback requirements that apply only to ADUs that qualify to be located within the front setback. State law currently permits only the establishment of side and rear setbacks for Section 66323 ADUs, not front setbacks. SB 1211 could be interpreted to limit the city’s ability to prohibit Section 66323 ADUs in the front setback even if an ADU could be located elsewhere on a lot.
2) ADU Building Separation: BMC Chapter 23.306.030(A) includes basic development standards for ADUs, which include building separation standards. State law currently only permits the establishment of side and rear setbacks for Section 66323 ADUs.

There is no provision for the establishment of building separation standards, nor is there any explicit prohibition. The building separation requirement was adopted by the City Council to address concerns about fire safety and firefighter access to buildings on a property. State law provides the establishment of side and rear setbacks “for fire safety,” but does not specifically mention building separation requirements for Section 66323 ADUs.

Question for the Planning Commission: Should BMC Chapter 23.306.030 be amended to remove the front setback and building separation provisions for Section 66323 ADUs, or should those provisions be removed for all ADUs?

ENVIRONMENTAL REVIEW
There are no identifiable environmental effects or opportunities associated with this informational report.

NEXT STEPS
Staff is currently reviewing HCD’s comments and exploring policy options to meet state requirements, particularly regarding separate ADU conveyance and other statutory changes. With Planning Commission’s input, we will incorporate them into draft amendments, solicit public feedback, and move forward with the required steps for final adoption of any Zoning Ordinance amendments.

CONTACT PERSON
Branka Tatarevic, Planning and Development Department, 510-981-7472

ATTACHMENTS

1. Referral to Implement AB 1033

2. HCD ADU Ordinance Review Letter

3. City’s Response to HCD’s Letter

4. San Jose ADU Condominium Ordinance

ATTACHMENT 4

NOTICE OF PUBLIC HEARING

BERKELEY CITY COUNCIL
AMENDMENTS TO TITLE 21 (SUBDIVISIONS) TO ALLOW SEPARATE

SALE OF ACCESSORY DWELLING UNITS
The public may participate in this hearing by remote video or in-person.

The Department of Planning and Development is proposing an Ordinance to adopt proposed amendments to Title 21 (Subdivisions Ordinance) to implement Assembly Bill (AB) 1033 to establish local regulations for the separate sale of ADUs as condominiums.

The hearing will be held on December 2, 2025 at 6:00 pm 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 November 20, 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 Branka Tatarevic, Associate Planner at 510-981- 7472.

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: November 21, 2025 – The Berkeley Voice
BMC 23.412.050 and Govt Code 65853; notice provided according to Govt Code 65090 and BMC 23.404.040.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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 November 20, 2025.
__________________________________
Mark Numainville, City Clerk

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

INFORMATION CALENDAR
December 2, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Eleanor Hollander, Economic Development Manager Subject: Economic Impact Study: Berkeley's Creative Economy and Assessment of Pandemic Relief Investments

SUMMARY
This report transmits two economic analyses commissioned by the City of Berkeley and conducted by CVL Economics: (1) Berkeley Creative Economy Economic Impact Analysis, which examines the current state and contributions of Berkeley's arts sector, and (2) an Assessment of Berkeley Arts & Culture Pandemic Relief and Recovery Funding, which evaluates the City's investments in the cultural sector from 2020 to 2022 (Attachments 1 and 2).

The creative economy refers to industries whose primary purpose is cultural expression, artistic content, design, and creativity, such as visual and performing arts; architecture and design; entertainment and digital media; publishing and printing; communication design; arts education; and other creative fields. The City's $3 million pandemic relief investment during the years of 2020-2022 was essential, as organizations reported that these funds prevented closures and layoffs during the crisis, it is estimated that every dollar of pandemic relief funding distributed leveraged approximately $5.64 in sustained economic activity for arts and culture in Berkeley.

CURRENT SITUATION AND ITS EFFECTS
Supporting Berkeley's creative economy advances our Strategic Plan goals to foster a dynamic, sustainable, locally based economy, and champion and demonstrate social and racial equity. The City of Berkeley is home to over 150 active arts and culture nonprofits offering diverse theater, music, festivals, dance, visual arts, and more. These nonprofits vary significantly in size, educational offerings, and creative disciplines, and include nationally recognized theaters, music venues, galleries, dance studios, and maker spaces. The City of Berkeley is also home to a wide range of independent artists and artisans operating on smaller scales, producing fine arts and crafts. Berkeley has long recognized the importance of arts and culture to the economic health, vitality, and diversity of the local economy and commercial districts, as local arts and cultural organizations generate revenue, create jobs, and improve quality of life, which in turn generates business revenue and tourism.

Economic Impact Study of Berkeley's Creative Economy INFORMATION CALENDAR & Assessment of Pandemic Relief Investments December 2, 2025

From 2020 to 2024, Berkeley's cultural sector was severely impacted by the pandemic.

The creative economy, which grew 16% from 2014 to 2018 (outpacing San Francisco and Oakland), contracted sharply during the pandemic. In response to the pandemic, the City of Berkeley provided more than $3 million in relief and recovery grants for arts organizations, festivals, and artists. These funds helped prevent permanent venue closures, sustained creative practices, and ultimately helped Berkeley’s cultural sector weather the acute impacts of the pandemic. However, of the 88 arts organizations that received relief funding from the City of Berkeley between 2020 and 2022, 17 have since closed, including two major institutions with budgets over $3 million.

Despite these losses, the arts sector remains important to Berkeley's economic vitality and civic identity today. Berkeley's creative economy accounts for 7.6% of total city employment and when multiplier effects are included, is much higher than Oakland (4.2%), San Jose (2.5%), and the statewide average (4.8%). The sector's structure reflects both its social benefit orientation and economic vulnerability: about 30% of Berkeley's 650 creative economy businesses are nonprofits (compared to 11% across all industries), and nearly 70% of the creative workforce is self-employed or gig workers.

BACKGROUND
In December 2024, Council authorized a contract with CVL Economics in an amount not to exceed $119,300 for analysis of pandemic arts recovery investments and the economic impact of the arts in Berkeley (Resolution No. 71,612-N.S.). CVL Economics was selected through a competitive Request for Proposals process, and the contract was funded entirely with a portion of the American Rescue Plan Act (ARPA) funds that Council had designated for the arts in 2021.

In response to the COVID-19 pandemic's economic impacts on the arts sector, the City of Berkeley made two substantial funding allocations totaling $3 million dollars:

1. Arts Continuity Grants (April 2020): The City allocated $1 million from the catastrophic reserve fund to create the Arts Continuity Grant Program, awarding emergency relief grants to arts organizations whose revenues were significantly impacted by the pandemic.

2. Berkeley Arts Recovery Grants (December 2021-February 2022): Council allocated $2 million in ARPA dollars to support Berkeley's arts sector recovery, with the Berkeley Arts Recovery Grant Program (BARG) distributing grants to organizations, festivals, and individual artists to help them sustainably recover from negative economic impacts of the pandemic.

Economic Impact Study Findings
In 2025, CVL Economics conducted a comprehensive economic impact analysis of Berkeley's creative economy, updating the 2017 Economic Impact Report that was developed in conjunction with the Arts and Culture Plan Update 2018-2027. The current

Economic Impact Study of Berkeley's Creative Economy INFORMATION CALENDAR & Assessment of Pandemic Relief Investments December 2, 2025

study examines the economic impact of Berkeley’s “creative economy” comprising eight creative subsectors: Visual & Performing Arts (56% of creative jobs), Architecture & Design (11%), Entertainment & Digital Media (10%), Publishing & Printing (7%), Communication Design (6%), Post-Secondary Arts Education (5%), Creative Goods & Decorative Arts (4%), and Fashion (2%).

Key findings include:
 Direct employment: Berkeley’s creative economy directly employs 8,186 workers, accounting for 7.3% of its total workforce of 111,640 jobs  Visitor spending: A sample of 37 Berkeley arts organizations attracting 1.4 million annual visitors generates an estimated $56 million in ancillary spending at local businesses ($30 million at food and drink establishments, $7.6 million at retail, $7.2 million on transportation, $3.5 million on lodging) The study also shows that Berkeley's creative economy declined year-over-year since 2020, despite pre-pandemic growth. Berkeley’s arts sector is especially vulnerable due to its high concentration of Visual & Performing Arts organizations and gig workers and hosting a larger share of nonprofits than other industries in Berkeley.

Pandemic Relief Assessment Findings
Between 2020 and 2022, the City of Berkeley awarded over $3 million in pandemic relief and recovery grants through five distinct programs: two rounds for organizations (Arts Continuity Grants 2020: $954,543 to 63 organizations; Berkeley Arts Recovery Grants (BARG) 2022: $1,532,345 to 74 organizations) and three rounds for artists (East Bay/Oakland Relief Fund 2020: $64,500 to 47 Berkeley artists; Berkeley Art Works Projects 2021: $182,339 to 32 artists; BARG for Artists 2022: $276,250 to 114 artists).

Key findings include:
 Critical funding: Nearly 90% of BARG and 83% of Arts Continuity Grant recipients rated Berkeley pandemic relief and recovery grants as either “very helpful” or “essential.”
 Critical timing: Arts Continuity Grants served as an immediate lifeline in April 2020, often arriving before federal, state, or county programs, helping organizations avoid layoffs (85%) and closures (84%) and BARG offered stabilization helping organizations with longer-term planning and adaptation with (48%) crediting the funds with helping them stabilize and make strategic changes.
 Equity outcomes: These grants not only addressed economic precarity, but also advanced racial and cultural equity by centering investments in artists and organizations that have been historically excluded from opportunities and are working with communities disproportionately impacted by the pandemic.

Economic Impact Study of Berkeley's Creative Economy INFORMATION CALENDAR & Assessment of Pandemic Relief Investments December 2, 2025

 Economic preservation: Every $1 of pandemic relief leveraged at least $5.64 in sustained arts and culture economic activity locally, helping safeguard local economic activity that otherwise would have been lost.

In 2025, surviving arts organizations in Berkeley continue to face challenges five years after the start of the pandemic. Median revenue is 9% below pre-pandemic levels and larger institutions report revenues that are 33% below 2019 benchmarks. Financial sustainability, rising costs, and competition for limited funding remain top concerns of Berkeley’s arts organizations. Of the 17 arts organizations that closed between 2020 and 2025, both small and large budget organizations were affected, indicating no segment was fully insulated from pandemic impacts. Currently, Berkeley's arts and culture sector faces higher costs and reduced audiences, with some nonprofits operating at a loss. Ongoing challenges include inflation, decreased subscription sales, and continued audience reluctance to return to venues due to COVID-19 concerns.

Additional City Support for Art
Beyond Civic Arts Grants, the City provides substantial investment in the arts through its Public Art Program, funded mainly through “Percent for Art” or Public Art ordinances that dedicate portions of capital project budgets and in-lieu fees from private developers to public art in Berkeley. Annual expenditures on public art projects funded in this manner have ranged from $276,656 to $923,475 per year over the past five years.

Because these allocations are tied to specific artworks and capital improvements rather than flexible operating support, they are not included in the return on investment analyses presented in Attachments 1 and 2 of this report.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
No environmental or climate impacts were identified in these studies.

POSSIBLE FUTURE ACTION
These analyses offer evidence to inform future policy decisions regarding but not limited to:
 Sustained investment: Recognizing the creative economy as essential economic sector requiring ongoing support, not just emergency intervention  Structural vulnerability mitigation: Addressing affordability challenges, gig workforce precarity, and declining audiences
 Program Allocations: Leveraging past demonstrated return on investment to inform resource allocation decisions in the future
The results of these studies will guide Berkeley's future investments and program design for artistic and cultural support in the years to come.

FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
This is an informational report with no immediate fiscal impact. Future policy actions based on these studies will likely require further detailed fiscal analysis.

Economic Impact Study of Berkeley's Creative Economy INFORMATION CALENDAR & Assessment of Pandemic Relief Investments December 2, 2025

CONTACT PERSON
Jennifer Lovvorn, Civic Arts Program, Office of Economic Development, 981-7533 Attachments:

1. Berkeley Creative Economy Economic Impact Analysis (CVL Economics, 2025)

2. Assessment of Berkeley Arts & Culture Pandemic Relief and Recovery Funding (CVL Economics, 2025)

Berkeley Creative Economy
Economic Impact Analysis
DECEMBER 2025

KEY FINDINGS 1
INTRODUCTION 5
Defining the Creative Economy
Economic Context: The National and State Picture of the Creative Economy CREATIVE ECONOMY LANDSCAPE ANALYSIS 10
Creative Economy Employment
Regional Comparisons
Comparison to the Overall Economy in Berkeley
CREATIVE ECONOMY ECONOMIC IMPACT ANALYSIS 21
Baseline Impact
Regional Spillovers Across the East Bay
Fiscal Impact
RETURN ON INVESTMENT 31
FINAL CONSIDERATIONS 35
Pre-Pandemic Momentum Lost
Arts and Culture as Engines of Economic Vitality
APPENDIX 40
A.1: Creative Economy Industry Classification Codes
A.2: Berkeley Business Count Methodology
A.3: Creative Economy Employment Documentation
A.4: Economic Impact Methodology
A.5: Data Methodology Comparisons to 2017 Economic Impact Report

TABLE OF

CONTENTS

KEY

FINDINGS
The City of Berkeley’s creative economy
represents a vital economic force that
extends far beyond traditional notions of
arts and culture. The creative economy
consists of industries whose primary
purpose is to produce or enable cultural
expression, artistic content, design, and
other creative goods and services.

It spans across eight distinct subsectors: Visual & Performing Arts, Architecture & Design, Entertainment & Digital Media, Publishing & Printing, Communication Design, Post-Secondary Arts Education, Creative Goods & Decorative Arts, and Fashion. Despite facing significant pandemic-related challenges, these subsectors continue to generate substantial economic activity, support thousands of jobs, and contribute meaningfully to Berkeley’s fiscal health. This analysis examines how the sector has weathered the pandemic’s disruptions and quantifies its current economic contributions. The findings summarized below provide essential data for policymakers, arts organizations, and community stakeholders working to chart a sustainable path forward for the arts and culture sector in Berkeley. 1 BERKELEY CREATIVE ECONOMY

ECONOMIC IMPACT ANALYSIS

BUSINESS COUNTS

EMPLOYMENT TRENDS
There are 193 creative economy nonprofit organizations in the City of Berkeley. This share is notably high compared to the share of nonprofits across all industries (11%) in the city.

As of 2025, there are approximately 650 creative economy businesses in Berkeley (out of 12,800 total businesses), about 30% of which are nonprofit organizations.

Visual & Performing Arts is by far the largest subsector, accounting for more than half of all jobs (4,567 jobs, or

55.8% of the creative economy workforce). Other significant subsectors include Architecture & Design (908 jobs; 11 .1%), Entertainment & Digital Media (791 jobs; 9.7%), and Publishing & Printing (562 jobs; 6.9%). Communication Design (495 jobs; 6.0%), Post-Secondary Arts Education (377 jobs; 4.6%), Creative Goods & Decorative Arts (325 jobs; 4.0%), and Fashion (161 jobs; 2.0%), comprise smaller shares but are still notable.

While project-based creative work fosters innovation and independence, it also often comes with irregular income and limited protections. This pattern is most pronounced in the Visual & Performing Arts subsector, where 84% of jobs are self-employed or gig-based, while fields like Architecture & Design and Entertainment & Digital Media lean more on salaried roles with more dependable hours and predictable schedules.

After peaking with 9,850 creative economy jobs in 2018, Berkeley’s 2024 total of 8,186 jobs has fallen back to roughly its 2013 level of 8,160 jobs.

Between 2014 and 2018, Berkeley’s creative economy employment grew 16%, outpacing industry growth in San Francisco (12%), San Jose (10%), and Oakland (4%). That momentum, however, was abruptly cut short in early 2020.

While all Bay Area creative economies contracted with the onset of the pandemic, Berkeley’s downturn has proven far more persistent. San Francisco and San Jose have since regained some of their losses, but Berkeley’s creative economy employment has continued to decline through 2024.

In 2024, Berkeley’s creative economy directly employed 8,186 workers, accounting for 7.3% of its total workforce of 111,640 jobs.1
Nearly 70% of Berkeley’s 8,186 creative economy workers are self-employed or gig-based, underscoring the sector’s reliance on non-traditional work arrangements.

Berkeley’s creative economy employment surged in the years before the pandemic, but current employment levels remain 17% below the 2018 peak. Berkeley’s creative economy employment has declined year after year, while other neighboring cities have regained some ground.
1 Job count includes salaried (full- and part-time), self-employed, and gig workers. Within this, Berkeley’s salaried workforce accounted for 2,574 jobs in the creative economy and 68,126 jobs across the overall economy in 2024. 2 BERKELEY CREATIVE ECONOMY

ECONOMIC IMPACT ANALYSIS

The city’s overall economy sits about 3% above its 2019 employment level. By contrast, the city’s creative economy remains 13% below its pre-pandemic baseline.

Berkeley’s creative sector is heavily concentrated in Visual & Performing Arts (56%), reflecting a reliance on live, in-person activity and gig or contract work within a nonprofit-heavy structure. By contrast, San Francisco leans more toward Entertainment & Digital Media (38%), driven by streaming, software publishing, and broadcasting.

Berkeley’s 7.3% creative economy share of its total workforce is a higher concentration than in Oakland (4.2%), San Jose (2.5%), and California overall (4.8%), but trails San Francisco (7.6%).

Berkeley’s creative economy decline also sits in contrast to the city’s overall economy, which, on average, has mostly recovered from the pandemic.

This divergence reflects the unique composition of Berkeley’s creative economy, which comprises a relatively high concentration of Visual & Performing Arts employment, a sector that relies heavily on live, in-person activity, gig and contract work, and nonprofit structures—factors that made it more vulnerable to prolonged disruption.

Still, today, Berkeley maintains a greater share of creative economy employment relative to its total workforce than Oakland, San Jose, and California overall, and is only slightly below San Francisco.

THE ECONOMIC AND FISCAL IMPACT OF BERKELEY’S CREATIVE ECONOMY Even in a weakened state, Berkeley’s creative economy remains a critical driver of the City’s economic activity. Its impact ripples throughout the economy as arts organizations purchase goods and services, and workers spend their earnings locally, sustaining activity across many industries (multiplier effect). Some of this spending “leaks” beyond city borders to suppliers and markets in other parts of the East Bay (Alameda and Contra Costa Counties), where the total impact grows even larger (regional spillover effect). Together, these multiplier and spillover effects underscore the creative sector’s role as both a local driver and a regional economic force.

In other words, each creative job in Berkeley generated about $66,000 in labor income, and $125,000 in value added (contributions to Berkeley’s gross regional product) citywide.

An additional 5,605 jobs were supported by Berkeley’s creative economy in other parts of the East Bay beyond city limits. This represents the spillover effect of Berkeley’s creative economy—spending that originates in Berkeley but flows outward to suppliers, contractors, and consumer markets elsewhere in the region.

Berkeley’s creative economy is an essential part of the city’s economy.

In 2024, including multiplier effects in other industries, Berkeley’s creative economy generated a total impact of 8,437 jobs (7.6% of total jobs), $537.5 million in labor income (5.7% of total labor income), and $1.0 billion in contributions to city gross regional product (value added), or approximately 7.9% of the total citywide. 3 BERKELEY CREATIVE ECONOMY

ECONOMIC IMPACT ANALYSIS

In FY2024, the City of Berkeley awarded $698,782 to 97 Berkeley arts and culture organizations, festivals, and individuals. This support underpinned the operations of 86 organizations and festivals (collectively generating over $130 million in operating revenue), as well as 11 artists through arts works projects.

Overall, the City’s investments helped drive about 7.5% of the total economic activity ($1.8 billion) generated by Berkeley’s creative economy.

These 37 arts and culture organizations collectively attract about 1.4 million attendees annually, whose event-related spending extends well beyond tickets to these institutions—including nearly $30 million at nearby food and drink establishments, $7.6 million at retail stores, $7.2 million on local transportation, and $3.5 million on lodging.

In FY2024, Berkeley’s creative economy, including the impact of multiplier effects, contributed $4.6 million in property taxes, $2.9 million in sales taxes, and $3.2 million in various other taxes to the City.

In 2024, every $1 of Civic Arts Grant funding to Berkeley’s organizations, festivals, and individual artists catalyzed $197 in total economic activity across the city.

Based on data from 37 Berkeley arts and culture nonprofit organizations, visitors to these institutions generate approximately $56 million in additional local spending each year across other sectors of the city’s economy.

In 2024, Berkeley’s creative economy had a hand in generating $10.7 million in tax revenues, representing 3.9% of the City’s tax base.
4 BERKELEY CREATIVE ECONOMY

ECONOMIC IMPACT ANALYSIS

Berkeley’s creative economy is central to local prosperity, but it also stands at a critical juncture. While creative industries nationwide continue to demonstrate remarkable resilience and growth, Berkeley’s own arts and culture sector faces significant headwinds that threaten its role as both an economic driver and a cornerstone of the city’s cultural identity.

INTRODUCTION
The COVID-19 pandemic took a significant toll on Berkeley’s creative economy, and its recovery has diverged from the growth patterns that once positioned Berkeley as a regional creative economy leader. Understanding both the current contributions and the emerging challenges facing this sector is essential for arts administrators, policymakers, arts organizations, and community stakeholders working to chart a sustainable path forward. 5 BERKELEY CREATIVE ECONOMY

ECONOMIC IMPACT ANALYSIS

The creative economy refers to the industries whose primary purpose is to produce or enable cultural expression, artistic content, design, and other creative goods and services. The creative economy encompasses a wide range of industries that fall within eight subsectors where cultural expression, design, and creative innovation are central to economic value.

As defined in Figure 1, these subsectors are Visual & Performing Arts, Architecture & Design, Entertainment & Digital Media, Publishing & Printing, Communication Design, Post-Secondary Arts Education, Creative Goods & Decorative Arts, and Fashion.
2 DEFINING THE CREATIVE ECONOMY
FIGURE 1: CREATIVE ECONOMY SUBSECTORS
Source: CVL Economics.

SUBSECTOR DESCRIPTION
VIS
UAL & PERFORMING ARTS Entities engaged in services such as dance and theater companies, art dealers, museums, and activities involving independent artists, writers, and performers.

ARCHITECTURE & DESIGN Entities providing architectural, drafting, interior design, industrial design, and landscape design services.

ENTERTAINMENT & DIGITAL MEDIA Entities engaged in motion picture and video production, post-production services, sound recording studios, radio broadcasting, and digital streaming platforms.

PUBLISHING & PRINTING Entities producing commercial printing, book printing, and publishing of books, periodicals, newspapers, directories, and mailing lists.

COMMUNICATION DESIGN Entities engaged in graphic design, advertising agencies, photography studios, and commercial photography services.

POST-SECONDARY ARTS EDUCATION Entities providing arts instruction in dance, drama, music, and visual arts (excluding institutions that grant diplomas or degrees).

CREATIVE GOODS & DECORATIVE ARTS Entities producing ceramics, household furniture, rugs, decorative objects, toys, and games.

FASHION Entities engaged in textile and apparel manufacturing, jewelry and silverware production, and related fashion goods and services.
2 See Appendix A.1 for detailed list of industry classification codes. 6 BERKELEY CREATIVE ECONOMY

ECONOMIC IMPACT ANALYSIS

The creative economy has emerged as one of the most
dynamic and resilient sectors in the U.S. economy,
consistently demonstrating its capacity to drive growth and innovation. Far from being peripheral to economic
development, the creative industries have proven
themselves to be fundamental engines of prosperity,
generating substantial employment, income, and
economic output across communities nationwide—often
outpacing the broader economy.

In fact, nationwide growth of real value added (contribution to gross domestic product) generated by the Arts &
Culture sector
3 has consistently outperformed that of the
overall U.S. economy each year since 2019 (Figure 2). In 2019, the sector grew 4.3% compared to the year prior, well ahead of the 2.6% increase in total U.S. gross domestic product (GDP). Even at the onset of the pandemic in 2020, nationwide Arts & Culture value added declined by just

1.7%, less than the overall economy’s 2.2% contraction.

The rebound that followed was especially striking: in
2021, Arts & Culture surged by 11.2%, nearly double the growth rate of total GDP. Growth continued in subsequent years, expanding by 3.8% in 2022 and 6.6% in 2023, again outpacing the national economy.

ECONOMIC CONTEXT:

THE NATIONAL AND STATE PICTURE OF THE CREATIVE ECONOMY
3 “Arts & Culture” as defined by the U.S. Bureau Economic Analysis. 7 BERKELEY CREATIVE ECONOMY

ECONOMIC IMPACT ANALYSIS

While the national picture underscores the strength of the overall Arts & Culture sector, only some states are reaping the benefits—and California is not one. Many states posted strong gains in arts and cultural employment between
2022 and 2023 (Figure 3). North Carolina (+7.6%), Oregon (+7.3%), Florida (+5.5%), and New Mexico (+5.3%)
were among the top performers, with other states like
Arizona, Nevada, and Colorado showing decent growth.

Washington and New York experienced minimal, but still
positive growth in Arts & Culture employment.

California, by contrast, saw a 2.6% decline in Arts &
Culture employment. This relative decline is striking for a state often regarded as a global hub for creativity and culture, and it signals a growing disconnect between
California’s reputation and its current trajectory. Historically, the arts and creative industries have been central to
California’s rise as a global economic powerhouse—
anchored by industries like film, music, design, theatre, and digital media that helped define the state’s economic strength. Yet today, the very sector that once symbolized California’s competitive edge faces mounting challenges:
high costs of living and doing business, policy barriers, outmigration of talent, and increasing incentives (e.g., tax breaks) offered by other jurisdictions.

FIGURE 2: NATIONWIDE YEAR-OVER-YEAR PERCENT CHANGE IN ARTS & CULTURE CONTRIBUTION TO GROSS DOMESTIC PRODUCT (REAL VALUE ADDED) VS. TOTAL U.S. GROSS DOMESTIC PRODUCT (GDP) Source: U.S. Bureau of Economic Analysis Arts and Culture Satellite Account, CVL Economics. −2
%
0 %
2 %
4 %
6 %
8 %
10 %
−4
%
12 %
2019
2020
2021
2022
2023

4.3 %
−1.7
%

11.2 %

3.8 %

6.6 %

2.6 %
−2.2
%

6.1 %

2.5 %

2.9 %
Arts & Culture Value Added
Total GDP
YOY Percent Change
8 BERKELEY CREATIVE ECONOMY

ECONOMIC IMPACT ANALYSIS

FIGURE 3: PERCENT CHANGE IN ARTS & CULTURE EMPLOYMENT BY STATE | 2022–2023 Source: U.S. Bureau of Economic Analysis.

This broader statewide decline provides an important backdrop for understanding Berkeley’s own creative economy. As California struggles with high costs, policy hurdles, and growing competition from other states, local communities are feeling these pressures acutely—and Berkeley is no exception.

CA
-2.6
AZ

5.1 NV

4.0 UT

4.6 OR

7.3 WA

0.6 ID
-3.3
MT

2.4 ND
-2.7
SD
-3.0
NE
-6.5
KS
-0.6
OK

4.9 TX
-2.0
LA
-5.3
AR

7.5 MO

1.2 IA

3.1 IL

0.6 IN

5.5 MI

5.1 OH
-2.3
KY
-2.2
TN

0.9 MS

1.5 AL

5.8 FL

5.5 GA
-5.0
SC

2.8 NC

7.6 VA

2.1 WV

1.1 PA

1.0 NY

0.7 ME
-6.3
DC -3.7
MD 2.7
DE 2.3
NJ -1.5
CT -5.2
RI -0.3
MA -0.1
NH -4.4
VT -3.8
MN
-2.6 WI
-5.4
WY
-4.5
CO

3.6 NM

5.3 AK
-4.0
HI
-6.6
Quintile Percent Changes
U.S. percentage change = 0.3%

4.9% to 7.6%

1.5% to 4.9%
-0.6% to 1.5%
-3.8% to -0.6%
-6.6% to -3.8%
9 BERKELEY CREATIVE ECONOMY

ECONOMIC IMPACT ANALYSIS

Berkeley’s creative economy is both
broad in scope and deeply embedded
in the city’s identity. As of September
2025, the City of Berkeley recorded 650
active business licenses in the creative
sector industries, accounting for about
5% of all active licenses (12,783) in the
city.
4 5 These counts include private and
nonprofit corporations, sole-ownerships,
partnerships, and cooperatives.

CREATIVE

ECONOMY

LANDSCAPE

ANALYSIS
The nonprofit sector plays a particularly prominent role in Berkeley’s creative economy compared to other industries. Analysis of Internal Revenue Service tax-exempt filings alongside local business license data shows that creative fields have a significantly higher share of nonprofit organizations than the citywide average across all industries (Figure 4). In total, nonprofits account for roughly 30% of Berkeley’s creative economy organizations, compared to 11% of all businesses citywide.
6 This structure has important implications: while it
reflects the strong civic and cultural mission of Berkeley’s creative sector, it also underscores the sector’s reliance on contributed income, philanthropy, and public funding.
4 City of Berkeley. Business Licenses. Accessed September 2025. https://data. cityofberkeley.info/Business/Business-Licenses/rwnf-bu3w/about_data. 5 See Appendix A.2 for further details on business count methodology. 6 See Appendix A.2 for further details on business count methodology. 10 BERKELEY CREATIVE ECONOMY

ECONOMIC IMPACT ANALYSIS

FIGURE 4: SHARE OF NONPROFIT ORGANIZATIONS IN BERKELEY’S CREATIVE ECONOMY VS. ALL INDUSTRIES | 2025 Source: City of Berkeley Active Business License Data, Internal Revenue Service, CVL Economics. 0 %
5 %
10 %
15 %
20 %
25 %
30 %
35 %
Creative Economy
All Industries
30 %
11 %
Nonprofit Share
In 2024, Berkeley’s creative economy employed 8, 186 jobs (Figure 5). Within the creative workforce, Visual & Performing Arts is by far the largest subsector, accounting for more than half of all jobs (55.8%). Other significant subsectors include Architecture & Design (11.1%), Entertainment & Digital Media (9.7%), and Publishing & Printing (6.9%). Smaller subsectors include Communication Design (6.0%), Post-Secondary Arts Education (4.6%), Creative Goods & Decorative Arts (4.0%), and Fashion (2.0%). T ogether, these fields form a dynamic ecosystem that extends well beyond traditional arts organizations—supporting innovation, attracting talent, and fueling the city’s broader economic vibrancy.

CREATIVE ECONOMY EMPLOYMENT
Forms of Employment
The composition of Berkeley’s creative workforce reflects not only the city’s sectoral diversity but also the different ways people participate in creative work. As Figure 5 shows, jobs in the creative economy are distributed across three primary categories: salaried (W-2 employees), self-employed workers, and gig-based roles, as defined below. • Salaried Employment (W-2): Full-time and part-time jobs on payroll who receive a W-2 form, including both those covered by unemployment insurance (UI) programs (captured in the Bureau of Labor Statistics’ Quarterly Census of Employment and Wages, or QCEW) and those not covered by UI programs (non-QCEW, such as certain small nonprofits, religious organizations, and others).

Examples:
a full-time museum administrator, or a part-time stage manager employed by a theater.

Total Businesses: 650
Total Nonprofits: 193
Total Businesses: 12,783
Total Nonprofits: 1,407
11 BERKELEY CREATIVE ECONOMY

ECONOMIC IMPACT ANALYSIS

FIGURE 5: CREATIVE ECONOMY SUBSECTOR EMPLOYMENT COUNT BY WORKER TYPE IN BERKELEY | 2024 Note: Employment counts reflect the number of unique jobs and not individuals. In that sense, one individual can hold multiple jobs and therefore be counted more than once. This dynamic is especially prevalent in the “Gig” work category, where organizational models in industries like Visual & Performing Arts rely heavily on short-term, project-based, or seasonal hiring, and artists and performers often piece together income through multiple jobs.

Source: U.S. Census Bureau, U.S. Bureau of Labor Statistics, Lightcast, CVL Economics.

CREATIVE ECONOMY
SUBSECTOR SAL ARIED (W-2) SELF-EMPLOYED GIG TOTAL SHARE OF CREATIVE

ECONOMY TOTAL
Visual & Performing Arts 718 827 3,022 4,567 55.8%
Architecture & Design 534 138 236 908 11.1%
Entertainment & Digital Media 478 159 154 791 9.7%
Printing & Publishing 193 43 326 562 6.9%
Communication Design 105 101 289 495 6.0%
Post-Secondary Arts Education 174 74 130 377 4.6%
Creative Goods & Decorative Arts 283 26 16 325 4.0%
Fashion 89 23 49 161 2.0%
Total Creative Economy 2,574 1,391 4,222 8,186 -
• Self-Employed: Individuals who work for themselves and are not on a payroll. This category is measured using IRS tax filings and Bureau of Economic Analysis proprietorship data and includes sole proprietors, freelancers, and independent contractors who typically file Schedule C income.

Examples:
a freelance graphic designer running their own studio, or an independent architect who takes on client projects as their main source of income.
• Gig Employment: A separate measure drawing from additional IRS non-employer filings that fall outside the standard self-employment category. This often includes freelancers, independent contractors, and sole proprietors who take on multiple short-term or project-based jobs. This category captures more contingent or supplemental work activity, often part-time or secondary. Including gig work is essential to understanding Berkeley’s creative economy, where it represents a significant share of the arts and culture workforce.

Examples:
an artist selling work occasionally on Etsy while holding another job, or a musician performing in one-off gigs or short-term productions while holding another source of employment.

Each type of work carries its own opportunities and challenges, and together they form the backbone of Berkeley’s cultural and creative ecosystem. In Berkeley, this dynamic is particularly visible in the Visual & Performing Arts subsector, where over 84% of jobs are self-employed or gig-based. By contrast, fields like Architecture & Design or Entertainment & Digital Media lean more heavily on salaried employment, providing relatively greater stability. Sectors such as Publishing & Printing, Communication Design, and Post-Secondary Arts Education fall in between, with a mix of W-2, self-employed, and gig roles that together illustrate the hybrid nature of creative work. 12 BERKELEY CREATIVE ECONOMY

ECONOMIC IMPACT ANALYSIS

Unlike many other industries where traditional W-2 employment (salaried, with benefits) dominates, the creative economy is notable for its reliance on non-traditional work arrangements. Artists and creative workers are far more likely than the general workforce to be self-employed or gig-based (Figure 6). In Berkeley, nearly 70% of creative economy workers are self-employed or gig workers compared to 34% across the total economy. This reflects both the flexibility and precarity of the sector: while project-based and freelance work can create room for innovation and independence, it also often comes with irregular income, limited benefits, and less access to worker protections.

FIGURE 6: SHARE OF SELF-EMPLOYED AND GIG EMPLOYMENT FOR CREATIVE ECONOMY AND ALL INDUSTRIES IN BERKELEY | 2024
Source: U.S. Census Bureau, U.S. Bureau of Labor Statistics, Lightcast, CVL Economics. 0 %
10 %
20 %
30 %
40 %
50 %
60 %
70 %
80 %
Creative Economy
Total Economy
70 %
34 %
Share of Self-Employed and Gig Workers
Berkeley’s Creative Economy in the City’s Broader Economic Landscape Berkeley’s creative economy is a critical part of the city’s economic landscape, accounting for a significant share of total employment. While creative economy businesses accounted for 5% of all enterprises, they supported 7.3% of all employ
ment citywide in 2024—8,186 out of the 111,640 total jobs across industries (Figure 7). 7 Creative economy employment today has been declining year over year since the pandemic, following a period of strong growth in the years prior. From 2010 to 2018, Berkeley’s creative sector expanded steadily, adding more than 2,300 jobs and peaking at nearly 9,850 positions (Figure 8). That momentum ended abruptly in 2020, when the pandemic caused steep job losses that erased much of the previous decade’s gains. While employment has stabilized somewhat in recent years, 2024 levels remain just over 8,100 jobs—roughly on par with 2013. 7 See Appendix A.3 for detailed documentation of employment counts. 13 BERKELEY CREATIVE ECONOMY

ECONOMIC IMPACT ANALYSIS

FIGURE 8: CREATIVE ECONOMY EMPLOYMENT IN BERKELEY | 2010–2024 FIGURE 7: COMPOSITION OF CREATIVE SECTOR WORKFORCE IN BERKELEY | 2024 Source: U.S. Census Bureau, U.S. Bureau of Labor Statistics, Lightcast, CVL Economics.

Note: Includes salaried, self-employed, and gig jobs in the creative economy and across all sectors. Employment counts reflect the number of unique jobs and not individuals. In that sense, one individual can hold multiple jobs and therefore be counted more than once.

Berkeley salaried (QCEW) jobs total 2,574 in the creative economy and 68,126 in the overall economy.

Source: U.S. Census Bureau, U.S. Bureau of Labor Statistics, Lightcast, CVL Economics. 0 2,000
4,000
6,000
8,000
10,000
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
7, 5 4 8
7 ,478
7, 7 8 2
8,159
8,512
8,946
8,906
9,317
9,848
9,161
8,678
8,376
8,412
8,224
8,186
Number of Jobs
Jobs in
All Sectors
111,640
Jobs in the
Creative Economy

7.3% 8,186
(4,567 jobs; 55.8%)
Visual & Performing Arts
Architecture & Interior Design
Entertainment & Digital Media
Printing & Publishing
Communication Design
Post-Secondary Arts Education
Creative Goods & Decorative Arts
Fashion
(908 jobs; 11.1%)
(791 jobs; 9.7%)
(562 jobs; 6.9%)
(495 jobs; 6.0%)
(377 jobs; 4.6%)
(325 jobs; 4.0%)
(161 jobs; 2.0%)
14 BERKELEY CREATIVE ECONOMY

ECONOMIC IMPACT ANALYSIS

When compared to neighboring
regions in the San Francisco Bay
Area and the state as a whole,
Berkeley’s creative economy stands
out. In 2024, it accounted for 7.3% of
the city’s total workforce—a larger
share than in Oakland, San Jose, and
California overall, though slightly
trailing San Francisco (Figure 9).

REGIONAL COMPARISONS
In the years leading up to the pandemic, Berkeley’s creative economy was outperforming even San Francisco’s sector in terms of job growth. Between 2014 and 2018, creative employment in Berkeley expanded 16%, outpacing industry growth in neighboring cities (Figure 10). Although all regional creative economies experienced steep declines with the onset of the pandemic in 2020, Berkeley’s recovery has especially lagged behind. San Francisco and San Jose have seen partial rebounds, regaining some of their lost ground, but Berkeley’s creative economy has remained flat or slightly negative through 2024. 15 BERKELEY CREATIVE ECONOMY

ECONOMIC IMPACT ANALYSIS

FIGURE 10: COMPARATIVE CREATIVE ECONOMY REGIONAL EMPLOYMENT GROWTH RATE | 2014–2024 FIGURE 9: CREATIVE ECONOMY EMPLOYMENT AS A SHARE OF TOTAL WORKFORCE BY REGION AND STATE | 2024 Source: U.S. Census Bureau, U.S. Bureau of Labor Statistics, Lightcast, CVL Economics.

Source: U.S. Census Bureau, U.S. Bureau of Labor Statistics, Lightcast, CVL Economics. 2014
2016
2018
2020
2022
2024
−5
%
0 %
5 %
10 %
15 %
−10
%
20 %
−4
%
−7
%
3 %
−1
%
Berkeley
Oakland
San Francisco
San Jose
Percent Change in Employment
0 %
2 %
4 %
6 %
8 %
Berkeley
Oakland
San Francisco
San Jose
California

7. 3
%

4.2 %

7. 6
%

2.5 %

4.8 % Creative Economy Share of Total Workforce
16 BERKELEY CREATIVE ECONOMY

ECONOMIC IMPACT ANALYSIS

The result is a sector that was once leading the region in growth but now sits well below its pre-pandemic
trajectory, underscoring the depth of the disruption and the ongoing challenges to full recovery.

One factor behind Berkeley’s slower recovery is the
composition of its creative economy relative to other
cities. More than half of Berkeley’s creative sector
jobs are concentrated in Visual & Performing Arts
(56%), making the city far more dependent on live,
in-person activity than its regional peers (Figure 11).

San Francisco, by contrast, has a much larger share in
Entertainment & Digital Media (38%), led by industries
such as media streaming, software publishing (e.g., video game development), and broadcasting. These segments
not only proved more resilient during shutdowns but in
many cases expanded as digital content consumption
surged. San Jose and Oakland fall between these two
poles, with stronger mixes across both the Performing Arts and Digital Media industries.

With a significant percentage of Performing Arts industry employment comes other struggles tied to the sector’s reliance on gig and contract work, as well as its nonprofit-heavy structure. In Berkeley, the estimated 70% of the creative workforce that is self-employed or gig-based is driven largely by the city’s Visual & Performing Arts sector, which alone accounts for 3,850 workers (827 self-employed and 3,022 gig-based). By comparison, only 31% of San Francisco’s creative workforce falls into these categories (Figure 12). Oakland and San Jose also have higher shares of self- employed and gig workers (60% and 50%, respectively), but are not as high as Berkeley’s.

FIGURE 11: REGIONAL CREATIVE ECONOMY COMPOSITION: VISUAL & PERFORMING ARTS VS. ENTERTAINMENT & DIGITAL MEDIA | 2024
Source: U.S. Census Bureau, U.S. Bureau of Labor Statistics, Lightcast, CVL Economics. 0 %
10 %
20 %
30 %
40 %
50 %
60 %
Berkeley
Oakland
San Francisco
San Jose
56 %
33 %
24 %
28 %
10 %
14 %
38 %
23 %
Visual & Performing Arts
Entertainment & Digital Media
Share of Creative Economy Employment
17 BERKELEY CREATIVE ECONOMY

ECONOMIC IMPACT ANALYSIS

At the same time, Performing Arts is among the industries with the highest share of nonprofit organizations. For instance, in Alameda County, over 25% of Performing Arts jobs are in nonprofits, compared to just 9.4% across all industries countywide (Figure 13). The county’s nonprofit share in the Performing Arts is also notably higher than the statewide average of 15.8%.

FIGURE 12: SHARE OF CREATIVE ECONOMY SELF-EMPLOYED AND GIG-BASED WORKFORCE BY CITY | 2024 Source: U.S. Census Bureau, U.S. Bureau of Labor Statistics, Lightcast, CVL Economics. 0 %
10 %
20 %
30 %
40 %
50 %
60 %
70 %
80 %
Berkeley
Oakland
San Francisco
San Jose
70 %
60 %
31 %
50 %
Share of Creative Economy Self-Employed and Gig-Based Workers FIGURE 13: SHARE OF NONPROFIT EMPLOYMENT IN BOTH COUNTY AND STATE: PERFORMING ARTS VS. ALL INDUSTRIES | 2024
*Includes employment in NAICS 711 (Performing Arts, Spectator Sports, and Related Industries).

Source: U.S. Bureau of Labor Statistics Nonprofit Establishment Employment and Wage Estimates, CVL Economics.

REGION SHARE OF PERFORMING ARTS
EMPL
OYMENT IN NONPROFITS*

SHARE OF TOTAL EMPLOYMENT (ALL

INDUSTRIES) IN NONPROFITS
Alameda County 25.1% 9.4%
California 15.8% 7.8%
18 BERKELEY CREATIVE ECONOMY

ECONOMIC IMPACT ANALYSIS

COMPARISON TO THE OVERALL ECONOMY IN BERKELEY
The picture becomes even more stark when comparing
Berkeley’s creative economy to the city’s overall
employment base (Figure 14). Before the pandemic, the
creative workforce grew faster than Berkeley’s overall
economy. Between 2014 and 2018, creative employment
surged nearly 15%, compared to about 11% growth in the
total workforce. This momentum underscored the sector’s potential as one of the city’s most dynamic economic
drivers, suggesting that, absent disruption, it might have continued to anchor local growth.

The pandemic, however, set the creative economy in
Berkeley on a very different trajectory than the overall local economy. While total employment in Berkeley dipped briefly in 2020, it has since resumed a steady upward
climb, reaching new highs by 2024. The creative workforce, as noted earlier, has remained stagnant or declined since 2020, and is currently registering at levels observed back in 2013, more than a decade ago. This divergence makes
clear that while Berkeley’s broader economy has expanded and rebounded, its creative economy, which relies on the Performing Arts industry, has been left behind—changing from a leading growth engine into a sector struggling to regain its footing.
19 BERKELEY CREATIVE ECONOMY

ECONOMIC IMPACT ANALYSIS

Berkeley’s heavy reliance on the Performing Arts—among the hardest-hit and slowest-recovering industries nationwide— has left its creative economy especially vulnerable. The sector’s dual reliance on gig and contract work, alongside its nonprofit-heavy structure, compounds this fragility by tethering organizational stability to fluctuating audience demand, shifting philanthropic priorities, and uncertain public funding. As a result, Berkeley’s creative economy remains more exposed to the ongoing challenges of rebuilding sustainable audiences than many of its regional peers.

Yet despite the sector’s slower recovery compared to the broader economy, Berkeley’s creative economy remains an essential economic engine. The following economic impact analysis highlights just how significant this activity is for Berkeley and the region—underscoring why the sector’s recovery is not simply a cultural priority, but an economic imperative.

FIGURE 14: CREATIVE ECONOMY EMPLOYMENT GROWTH RATE VS. GROWTH RATE FOR ALL SECTORS IN BERKELEY | 2014–2024
Source: U.S. Census Bureau, U.S. Bureau of Labor Statistics, Lightcast, CVL Economics. 2014
2016
2018
2020
2022
2024
0 %
5 %
10 %
15 %
−5
%
20 %
13 %
−4
%
Total Economy
Creative Economy
Percent Change in Employment
20 BERKELEY CREATIVE ECONOMY

ECONOMIC IMPACT ANALYSIS

Entities in the creative economy are part of a
broader ecosystem, constantly interacting with
other businesses in other industries and consumers.

While it is directly composed of the eight defined
subsectors outlined earlier (see Figure 1), its reach
extends well beyond these boundaries.

CREATIVE ECONOMY

ECONOMIC IMPACT

ANALYSIS
Arts organizations and creative firms rely on a wide array of goods and services—purchasing materials, contracting with marketing agencies, and engaging professional services—thereby generating demand across many other industries. At the same time, the people who work in creative jobs—whether performers, designers, technicians, or administrators—spend their earnings on everyday needs like groceries, rent, and childcare. These purchases further help sustain local businesses across many different sectors. 21 BERKELEY CREATIVE ECONOMY

ECONOMIC IMPACT ANALYSIS

Economic impact analysis is a tool that helps us measure all of these effects—not just the direct output of an industry, but also the chain reaction it sets off across the broader economy, also known as the “multiplier effect.” To do this, we break the total impact into three parts: direct, indirect, and induced impacts, the latter two of which constitute the multiplier effect.⁸ Together, these layers show the total economic impact of the creative economy through its role in a much larger ecosystem.
• Direct effect includes the economic activity that happens within the creative economy sector itself—like sector employee wages, business revenue, and taxes paid.
• Indirect multiplier effect captures the activity supported by the creative economy sector’s suppliers. For example, a theater might rely on a local costume shop, which in turn buys fabric from a regional wholesaler. • Induced multiplier effect refers to the ripple effect of household spending. When creative economy sector employees or those in related businesses spend their paychecks locally, they help generate jobs and income in industries like food service, retail, and transportation.

To assess the contribution of arts and culture to the local and regional economy, several key indicators are analyzed:
• Employment impact: This refers to the total number of jobs supported by the creative economy—both directly (within arts organizations themselves) and indirectly (at supporting businesses), as well as jobs created through household spending by those workers (induced impact).
• Labor income impact: This captures the total wages, salaries, and benefits earned by workers across the direct, indirect, and induced layers of activity. It reflects how the sector supports livelihoods throughout the community. • Value added impact: This measures the creative economy’s direct contribution to Gross Regional Product (GRP) in Berkeley. Value added reflects the net new wealth created by the sector, including labor income (wages and salaries), taxes on production, and business profits.
• Fiscal impact: This measures the tax revenue generated by businesses and workers associated with the creative economy. Tax revenue is broken down by city, county, and state levels. 8 See Appendix A.4 for IMPLAN input-output methodology. 22 BERKELEY CREATIVE ECONOMY

ECONOMIC IMPACT ANALYSIS

BASELINE IMPACT
The baseline impact reflects the
economic impact that originates from
crea
tive economy activity within the
City of Berkeley’s boundaries. These
impacts are generated by Berkeley-
based entities and include the
employment, labor income, and value
added that flow directly from activity
located in the city.

In 2024, the 8,186 direct jobs in Berkeley’s creative economy supported an additional 251 jobs through multiplier effects (indirect and induced), for a total of 8,437 jobs supported citywide tied to the sector (Figure 15). Altogether, Berkeley’s creative economy generated $537.5 million in labor income (wages, salaries, and benefits) and contributed more than $1.0 billion to the city’s gross regional product (value added). Put another way, each creative job in Berkeley generated about $66,000 in labor income and $125,000 in value added (contributions to Berkeley’s gross regional product).

These impacts are significant in scale: Berkeley’s creative economy accounted for 7.6% of the city’s total employment, 5.7% of labor income, and 7.9% of value added across the city in 2024. This underscores the sector’s role not only as a major source of jobs and income but also as a key component of the city’s overall economic base.

FIGURE 15: CITYWIDE ECONOMIC IMPACT OF BERKELEY’S CREATIVE ECONOMY | 2024 Note: Totals may not be exact due to rounding. Includes impacts associated with private and non-profit entities in Berkeley’s creative economy.

Source: IMPLAN, U.S. Bureau of Labor Statistics, U.S. Bureau of Economic Analysis, CVL Economics.

EMPLOYMENT (JOBS) LABOR INCOME VA LUE ADDED
DIRECT EFFECT 8,186 $519.6 Million $979.7 Million
INDIRECT EFFECT 213 $15.3 Million $22.6 Million
INDUCED EFFECT 38 $2.5 Million $19.2 Million
TOTAL ECONOMIC IMPACT 8,437 $537.5 Million $1,021.4 Million SHARE OF BERKELEY TOTAL 7.6% 5.7% 7.9%
23 BERKELEY CREATIVE ECONOMY

ECONOMIC IMPACT ANALYSIS

REGIONAL SPILLOVERS ACROSS THE EAST BAY
While the city-level results capture the impacts that occur strictly within Berkeley, creative economy activity doesn’t stop at the city’s boundaries. Widening the lens to look at the East Bay (Alameda and Contra Costa counties) as a whole, the impact gr
ows because of “leakages, ” or spillovers—spending that originates in Berkeley but flows outward to suppliers, contractors, and consumer markets located elsewhere in the two-county region as a result of the multiplier effect.

As such, in addition to the 8,437 jobs supported by the creative economy in Berkeley (citywide total employment impact from Figure 15), the sector supported an additional:
• 3,784 indirect jobs by supply-chain spending in other parts of the East Bay. For example, a Berkeley theater company might contract with a fabrication shop in Oakland or Richmond, or a design studio in Berkeley might purchase printing services from a vendor in Hayward or Concord. These transactions represent spillovers out of the city that become economic activity elsewhere in the East Bay.
• 1,821 induced jobs in other parts of the East Bay when creative workers spend their earnings on household needs. A Berkeley-based musician’s paycheck might go towards childcare in Alameda or Albany, groceries in San Leandro or Orinda, or shopping in Oakland or Walnut Creek. Those everyday expenditures ripple outward, supporting additional jobs and income across the region.

This means an additional 5,605 jobs were supported by Berkeley’s creative economy in other parts of the East Bay (elsewhere in Alameda and Contra Costa Counties) (Figure 16).

FIGURE 16: SPILLOVER ECONOMIC IMPACT OF BERKELEY’S CREATIVE ECONOMY INTO OTHER PARTS OF THE EAST BAY | 2024
Note: As this analysis measures only creative economy activity originating within the City of Berkeley, direct effects occur only within Berkeley, as shown in Figure 15. Totals may not be exact due to rounding. Includes impacts associated with private and non-profit entities in Berkeley’s creative economy.

Source: IMPLAN, CVL Economics.

EMPLOYMENT (JOBS) LABOR INCOME VA LUE ADDED

DIRECT EFFECT - - -
INDIRECT EFFECT 3,784 $307.9 Million $426.4 Million
INDUCED EFFECT 1,821 $138.6 Million $254.7 Million
TOTAL ECONOMIC IMPACT 5,605 $420.8 Million $624.0 Million 24 BERKELEY CREATIVE ECONOMY

ECONOMIC IMPACT ANALYSIS

A DEEPER LOOK:

UNDERSTANDING THE MULTIPLIER EFFECT
The multiplier effect (indirect and induced impacts) captures how the impact of the creative economy extends beyond the organizations and workers directly involved in creative activity. Every creative job in Berkeley generates additional activity across a wide range of other industries, through business-to-business (supply-chain) transactions and household spending by industry workers. Because Berkeley is deeply interconnected with the surrounding East Bay economy, these multiplier effects also have a geographic dimension. While some of the secondary activity remains inside city boundaries, much of it naturally flows to nearby communities such as Oakland, Emeryville, Richmond, Albany, El Cerrito, and San Leandro where many vendors are located and workers live.

The multiplier effect of Berkeley’s creative economy is evident in the diverse range of industries supported through supply-chain linkages (indirect effects) and household spending (induced effects) (Figure 17). On the supply-chain side, the largest employment impacts occur in industries directly tied to arts and culture production. Promoters of performing arts (i.e., organizations that organize and manage live shows, concerts, theatres, or festivals) (805 jobs) and independent artists, writers, and performers (205 jobs) illustrate how creative activity sustains related fields within the broader arts ecosystem.
9 At the same time, significant spillovers occur in various professional and technical service industries: employment services (376 jobs), other real estate (261 jobs), custom computer programming (168 jobs), and management consulting (160 jobs) all benefit from the demands of creative organizations and firms. Even industries like warehousing and storage (64 jobs), couriers and messengers (108 jobs), and commercial sports (230 jobs) are strengthened through their connections to Berkeley’s creative sector.

On the household spending side, induced effects spread the benefits in a different way.

Creative workers spend their earnings on everyday needs that sustain jobs in restaurants (175 jobs across full- and limited-food service), family services (103 jobs), and healthcare (55 hospital jobs and 48 in physicians’ offices). Retail is also a major beneficiary, with creative economy earnings supporting employment in food and beverage stores (51 jobs), general merchandise stores (43 jobs), and other retail outlets. Additional gains are seen in education (37 jobs in other educational services), personal care services (42 jobs), and even auto repair and maintenance (32 jobs).
9 Industry titles are reported using IMPLAN’s sectoring scheme, which is mapped to the North American Industry Classification System (NAICS).
25 BERKELEY CREATIVE ECONOMY

ECONOMIC IMPACT ANALYSIS

A) Indirect Effect (Supply Chain)
B) Induced Effect (Household Spending)
FIGURE 17: RIPPLE EFFECT OF EAST BAY EMPLYOMENT SUPPORTED BY THE BERKELEY CREATIVE ECONOMY | 2024 Source: IMPLAN, CVL Economics.
0 200
400
600
800
Promoters of performing arts
Employment services
Other real estate
Commercial Sports Except Racing
Independent artists, writers, and performers
Custom computer programming services
Management consulting services
Management of companies and enterprises
Accounting, tax preparation, bookkeeping, and payroll services Couriers and messengers
Transit and ground passenger transportation
Office administrative services
Legal services
Warehousing and storage
Environmental and other technical consulting services
805
376
261
230
205
168
160
123
109
108
98 93
71 64
60 Number of Jobs
0 20
40 60
80 100
Individual and family services
Limited-service restaurants
Full-service restaurants
Hospitals
Retail - Food and beverage stores
Other financial investment activities
Offices of physicians
All other food and drinking places
Other real estate
Retail - General merchandise stores
Personal care services
Other educational services
Automotive repair and maintenance, except car washes
Private households
Religious organizations
103
88 87
55 51
49 49
46 44
43 42
37 32
32 32
Number of Jobs
26 BERKELEY CREATIVE ECONOMY

ECONOMIC IMPACT ANALYSIS

BEYOND THE TICKET:

ARTS AND CULTURE ATTENDEE SPENDING
In considering the broader role of the creative economy, it is important to account for the additional activity generated by visitors to arts and culture establishments. Audiences at performances and visitors to museums often turn their outings into fuller experiences—grabbing a meal at a restaurant, stopping at a café or bar, or browsing nearby shops. This ancillary spending amplifies the value of arts and culture by circulating dollars into multiple sectors and sustaining the vitality of surrounding commercial corridors. The presence of continued arts and culture programming drives foot traffic that sustains nearby businesses and keeps commercial corridors vibrant.

To quantify this effect, CVL Economics used the SMU DataArts Cultural Data Profile database to compile attendance figures for an available sample of Berkeley arts and culture organizations. Together, the 37 arts and culture venues in Berkeley in this sample group attract roughly 1.4 million attendees annually.
10 Spending estimates were drawn from Arts & Economic Prosperity 6 (Americans for the Arts), which provides audience spending patterns for local regions. While no Berkeley-specific profile exists, spending data from Walnut Creek and San Francisco were averaged to approximate Berkeley’s position—more urbanized than Walnut Creek, yet less dense (and with lower associated costs) than San Francisco. Similarly, the average mix of local and nonlocal attendees was applied to get an estimate of spending in Berkeley. This distinction is important because local attendees, who live in the city, generate less new spending when they attend a performance than their nonlocal counterparts. In total, the average Berkeley local attendee spends $35.76 on additional activities per artistic/cultural event, and the average (nonlocal) attendee from outside Berkeley spends $48.83.

Applying these patterns to the Berkeley sample group shows that arts and culture audiences for these organizations generate an estimated $56 million in annual spending at other local businesses (Figure 18). This includes nearly $30 million at food and drink establishments, $7.6 million at retail stores, $7.2 million on local transportation, and $3.5 million on lodging. 10 SMU DataArts Cultural Data Profile (2017–2024).
27 BERKELEY CREATIVE ECONOMY

ECONOMIC IMPACT ANALYSIS

FIGURE 18: ANNUAL ARTS AND CULTURE ATTENDEE SPENDING BY CATEGORY FOR 37 ARTS AND CULTURE ORGANIZATIONS IN BERKELEY | 2024
Source: SMU DataArts, Americans for the Arts, CVL Economics.

SPENDING CATEGORY LOCAL ATTENDEES NONLOC AL ATTENDEES TOTAL ATTENDEES Food and Drink $17.6 Million $11.8 Million $29.2 Million Retail Shopping $4.5 Million $3.1 Million $7.6 Million
Overnight Lodging $0.6 Million $3.0 Million $3.5 Million Local Transportation $3.5 Million $3.7 Million $7.2 Million Clothing and Accessories $2.5 Million $1.4 Million $3.8 Million Groceries and Supplies $1.8 Million $0.8 Million $2.6 Million Childcare $0.5 Million $0.4 Million $0.9 Million
Other/Miscellaneous $0.6 Million $0.5 Million $1.2 Million Total Spending $31.3 Million $24.6 Million $56.0 Million

FISCAL IMPACT
Creative economy activity within the City of Berkeley also generates meaningful public revenues that flow across multiple levels of government. While these activities take place strictly within city boundaries, California’s layered tax system distributes the resulting revenues among the City of Berkeley, Alameda County, and the State of California. This means that a single dollar of creative economy activity in Berkeley contributes to multiple jurisdictions simultaneously.

Creative activity contributes to several types of taxes that fund distinct public services (Figure 19). The following are major sources of creative economy tax revenue:
• Property tax (shared by City of Berkeley and Alameda County) revenues come from the assessed value of land and buildings occupied by creative organizations and businesses—such as theaters, studios, galleries, or design offices—whether paid directly by the property owner or indirectly through commercial leases. These revenues fund a broad range of public services, from public safety to county-administered programs, including road maintenance and transit services.
• Sales tax (shared by City of Berkeley, Alameda County, and California) in the creative sector is typically tied to ancillary transactions like food and beverage concessions, merchandise, or purchases of supplies and equipment.

Ticket sales are not included because they are not subject to California sales tax. These revenues are distributed across all three levels of government—supporting the City’s general fund, countywide systems administered by Alameda County, and the State’s General Fund, which finances education, health and human services, and other statewide priorities.
• Personal income taxes (California only) are generated by the wages and self-employment earnings of workers employed in the creative economy, including W-2 employees, freelancers, and gig workers. They are a major source for the State of California’s General Fund.
• Corporate income taxes (California only) apply to the net profits of for-profit creative firms, such as design practices, production companies, or galleries, while nonprofit entities are generally exempt. These revenues also accrue to the State’s General Fund and help sustain statewide systems and programs alongside income taxes. 28 BERKELEY CREATIVE ECONOMY

ECONOMIC IMPACT ANALYSIS

FIGURE 19: SCENARIOS FOR UNDERSTANDING THE CREATIVE ECONOMY’S TAX REVENUE GENERATION Source: CVL Economics.

TAX TYPE & COLLECTOR SCENARIO 1: NONPROFIT THEATER COMPANY SC ENARIO 2: PRIVATE DESIGN FIRM

PROPERTY TAX
(City, County)
Theater company leases its space; tax is assessed
on the property owner but is effectively built into
rent.

Firm leases its space; tax is assessed on the
property owner but is effectively built into rent.

SALES TAX
(C
ity, County, State)
Sales tax collected on concessions (food, drink),
merchandise, and taxable rentals. Ticket sales
exempt.

Core design services exempt. Sales tax applies to
tangible goods (printed collateral, models, branded
merchandise) and on taxable inputs purchased by
the firm.

PERSONAL INCOME TAX
(State)
Actors, stage crew, and set designers pay income
tax on wages or self-employment income.

Designers, administrative staff, and contractors
pay state income tax on wages or self-employment
income.

CORPORATE INCOME TAX
(State) Exempt as a nonprofit. Corporate profits taxed at the state level.

DIRECT TAX BENEFITS
Creative economy activity in Berkeley generates tax dollars that flow into the City’s General Fund, which provides flexible revenues that are budgeted to core municipal services, such as public safety and personnel. Unlike special district revenues that are legally restricted to specific purposes, General Fund revenues represent the City’s discretionary pool.

In fiscal year 2024, the City of Berkeley’s General Fund was budgeted at $273.4 million. 11 Of this, based on the IMPLAN
modeling described above which includes the impact of multiplier effects, the creative economy generated an estimated $10.7 million in tax revenues (Figure 20), equal to nearly 4% of the City’s discretionary tax base. The largest contributions came from sales taxes, where creative sector activity accounted for more than 15% of total collections, and property taxes at 4%.
11 City of Berkeley, Adopted Budget for Fiscal Year 2025 & 2026 (PDF). Available at: https://berkeleyca.gov/sites/default/files/documents/FY-2025-2026- Proposed-Biennial-Budget.pdf.
29 BERKELEY CREATIVE ECONOMY

ECONOMIC IMPACT ANALYSIS

FIGURE 20: CITY OF BERKELEY GENERAL FUND (GF) TAX REVENUE GENERATED BY BERKELEY’S CREATIVE ECONOMY | 2024
Note: Totals may not be exact due to rounding. Includes impacts associated with private and non-profit entities in Berkeley’s creative economy.
* “All Other Taxes” for the creative economy include Business License Taxes, Utility Users Taxes, Cannabis Taxes, and other smaller categories. For the City’s total General Fund, this category also includes revenues not meaningfully generated by creative economy activity, such as Vehicle License Fees, Ambulance Fees, Interest Income, Franchise Fees, Indirect Cost Reimbursements, and Transfers.

Source: IMPLAN, City of Berkeley, CVL Economics.

SOURCE OF REVENUE CREATIVE ECONOMY

GF TAX REVENUE
FY2024 EST. ACTUAL

GF REVENUE
(TOTAL GF REVENUE)

CREATIVE ECONOMY SHARE

OF TOTAL GF REVENUE
PROPERTY TAX $4.6 Million $116.0 Million 4.0%
SALES TAX $2.9 Million $18.7 Million 15.6%
ALL OTHER TAXES* $3.2 Million $138.7 Million 2.3%
TOTAL GENERAL FUND TAX REVENUE $10.7 Million $273.4 Million 3.9% FIGURE 21: COUNTY AND STATE TAX REVENUE GENERATED BY BERKELEY’S CREATIVE ECONOMY | 2024 Note: Totals may not be exact due to rounding. Includes impacts associated with private and non-profit entities in Berkeley’s creative economy.

Source: IMPLAN, CVL Economics.

SOURCE OF REVENUE REVENUE FOR ALAMEDA & CONTRA COSTA
COUN
TIES

REVENUE FOR THE

ST ATE OF CALIFORNIA
STATE OF CALIFORNIA - $25.5 Million
PROPERTY TAX $12.3 Million
SALES TAX $0.6 Million $25.6 Million
CORPORATE TAX - $14.2 Million
OTHER TAX $1.4 Million $9.3 Million
TOTAL TAX REVENUE $14.3 Million $74.6 Million

SUPPORT FOR REGIONAL SYSTEMS THAT RETURN VALUE LOCALLY
Beyond the direct benefit to Berkeley residents through City revenues, the tax dollars generated by Berkeley’s
creative economy for county and state jurisdictions
also strengthen the regional and statewide system that
Berkeley’s population depends on.

In 2024, Berkeley’s creative economy generated $14.3
million in Alameda and Contra Costa County revenues
(most is appropriated through Alameda County since that is where Berkeley activity is directly located) and $74.6 million in state revenues (Figure 21). County revenues
flow into systems that the City does not operate directly, but that are critical for residents, including public health programs, social services, elections, courts, and jails. State revenues, meanwhile, are collected through income, sales, and corporate taxes and deposited into California’s General Fund, which supports K–12 and higher education (the
State General Fund is the largest source of public support for UC Berkeley), Medi-Cal, and other health programs.

Though administered at the county and state levels, these dollars cycle back to Berkeley by funding schools, public universities, healthcare access, and regional services that residents use every day.
30 BERKELEY CREATIVE ECONOMY

ECONOMIC IMPACT ANALYSIS

The City of Berkeley
provides grant funding
to arts and culture
organizations, festivals,
and individuals through
its robust Civic Arts Grant
Program, established in 1991.

RETURN ON

INVESTMENT
The Civic Arts Grant Program aims to strengthen Berkeley’s arts ecosystem by directly supporting individual artists, organizations, and festivals that expand cultural access, foster equity and inclusion, and contribute to the city’s creative vitality and economic vibrancy.
12 Over the past decade, the program has expanded significantly in scale, with annual direct investment increasing from $230,000 in fiscal year (FY) 2016 to approximately $700,000 annually since FY2022 (Figure 22).
13 Funding is distributed
across three primary categories: Individual Artist Project Grants, Community Festival Grants, and General Operating Support for arts organizations.
12 For more information, visit the City of Berkeley’s Civic Arts Grants page: https://berkeleyca.gov/community-recreation/civic-arts/civic-arts-grants. 13 City of Berkeley, Civic Arts Grants Program – Improved Practices & Community Impact (Work Session Item 01), March 21, 2023, https://berkeleyca.gov/sites/default/files/documents/2023-03-21%20WS%20Item%2001%20Civic%20Arts%20Grants%20Program.pdf. 31 BERKELEY CREATIVE ECONOMY

ECONOMIC IMPACT ANALYSIS

In FY 2024, the City of Berkeley awarded $698,782 in
Civic Arts Grants to 55 arts and culture organizations, 31 community festivals, and 11 individual artist projects (97 grants total).
14 This investment sustains year-round
organizational programming in Berkeley, supports artists’ livelihoods, and improves community access to diverse
cultural experiences. To provide a better sense of the
significance of this support, we estimate the City’s return on investment using the following process outlined below.

In 2024, the organizations and festivals receiving Civic Arts Grants reported a combined operating revenue of
$131 million. CVL Economics estimated the total operating revenue of grantee organizations by compiling financial data from the IRS Exempt Organizations Business Master
File. For festivals, revenue was attributed to the organizing entity (unless the festival was an entity itself); in some cases, the same organization received both a grant for its annual programming and a separate grant to support a
festival it manages. In aggregate, however, these awards represent funding to a single entity, and the reported
revenues reflect the full scope of that organization’s
operations.

While most revenue data was available through IRS
tax filings, there were a few data gaps in organizational revenue availability. Adjustments were made where
necessary—for example, nonprofits with annual revenues
under $50,000 are not required to submit total revenue
figures to the IRS, and CVL Economics developed
reasonable estimates recognizing the relatively small scale of these entities. In a few cases where 2024 revenue data was not yet available, 2023 filings were used as a proxy to ensure consistency across the analysis. In addition, in 2024 the program distributed $44,000 in project grants to individual artists, functioning as direct income in exchange for their creative work.

When accounting for both direct activity and the
broader ripple effects across the local economy, these
organizations and individuals that received grants
from the City of Berkeley together generated $137.4
million in economic activity within the City of
Berkeley. This estimate was developed using IMPLAN
input–output modeling, capturing not only the direct
contributions of grantees and their employees, but also the supply chain effects on local vendors, contractors, and service providers, along with the induced spending of households supported by arts-related jobs. In other words, every $1 of Civic Arts Grant funding supported nearly
$197 in total economic activity across the City of Berkeley.

Overall, the City’s investments supported about 7.5% of the total economic activity generated by its creative economy. 14 City of Berkeley, Fiscal Year 2024 Civic Arts Grant Awards (Information Calendar), October 10, 2023, https://berkeleyca.gov/sites/default/files/ documents/2023-10-10%20Item%2015%20Fiscal%20Year%202024%20Civic%20Arts%20Grant.pdf.

FIGURE 22: BERKELEY CIVIC ARTS GRANTS ALLOCATIONS | FY2016–FY 2024 Source: City of Berkeley, CVL Economics.

FISCAL YEAR TOTAL GRANT AMOUNT
AWA
RDED
NUMBER

OF GRA NTS

AVERAGE

GRANT SIZE
FY2016 $229,100 53 $4,323
FY2017 $378,848 56 $6,765
FY2018 $497,510 61 $8,156
FY2019 $500,000 63 $7,937
FY2020 $650,199 90 $7, 2 24
FY2021 $579,493 94 $6,165
FY2022 $714,470 104 $6,870
FY2023 $696,996 114 $6,114
FY2024 $698,782 97 $7, 20 4
32 BERKELEY CREATIVE ECONOMY

ECONOMIC IMPACT ANALYSIS