Berkeley City Council Special Meeting – April 15, 2025

The Berkeley City Council held a special meeting on April 15, 2025, to consider two interconnected wildfire safety items: the adoption of updated CAL FIRE Fire Hazard Severity Zone (FHSZ) maps with additional local designations, and the modification and adoption of local amendments to the Berkeley Fire Code (the "Ember" package). After extensive public comment and council deliberation, both items were approved unanimously.

Public Comments & Testimony

• Approximately 40 speakers provided comment in person and online, with many yielding time. The majority expressed support for the Ember proposal, citing scientific evidence, personal experience with past fires (1991 Tunnel Fire, 2025 Los Angeles fires), and the need for collective action to protect the entire city.
• Supporters included Firewise community leaders, Fire Safe Council members, and residents who have already begun creating defensible space. They emphasized that zone zero (5-foot clearance) is supported by the Insurance Institute for Business & Home Safety (IBHS) and state standards, and that delaying would increase risk while insurance becomes harder to obtain.
• Several speakers voiced opposition or concerns, focusing on: the financial burden on homeowners (especially seniors and fixed-income residents); the lack of an impact study or mitigation fund; the one-size-fits-all approach (not accounting for slope, non-flammable plants, or already-hardened homes); the need to address eucalyptus in Tilden Park and undergrounding PG&E power lines; and enforcement provisions they called unjust (fines, liens, potential misdemeanors). Some questioned whether the science on zone zero is settled, arguing home hardening should be the priority.
• A few speakers requested map refinements for specific streets (e.g., Piedmont Avenue) and clarity on how properties with less than 5 feet of land to the property line would comply.

Discussion Items

• Item 1 – Adoption of CAL FIRE Maps and Additional Designations: Fire Chief David Sprague and Assistant Chief Colin Arnold presented the rationale for shrinking the previous Very High Fire Hazard Severity Zone boundary and designating a smaller area as Very High (required) plus a High zone where local conditions warrant. They explained that the state-identified Very High zone (red) cannot be reduced, but the city has discretion to add areas. The new map focuses on the highest-risk neighborhoods near Grizzly Peak and Panoramic Hill, where structure density, limited evacuation routes, and fuel loads create the greatest danger.
• Item 2 – Berkeley Fire Code Local Amendments: The proposed amendments primarily affect the first five feet from a structure (Zone Zero), prohibiting in-ground vegetation, combustible mulch, new wooden fences within 5 feet, and requiring removal/replacement of fence sections contacting the structure. Exceptions are allowed for small plants in non-combustible movable containers and well-maintained mature trees. The chief emphasized that these standards align with the California Department of Insurance and state Board of Forestry, and will help lower insurance costs over time.
• Councilmember Blackaby, the lead sponsor, made a motion to adopt both items as presented in the revised supplemental materials. He stressed that the Ember package is the first step in a multi-phase effort, and that future phases will extend requirements to other parts of the High zone. Councilmembers expressed strong support, acknowledging the hardship on residents but arguing the cost of inaction far exceeds the cost of compliance.
• Several councilmembers asked about outreach to Greek life and co-op houses in the zone (Councilmember Lunaparra), flexibility for steep slopes (Councilmember Taplin), and map refinement for individual parcels (Chief Arnold confirmed the maps are reference-only and can be adjusted post-approval).
• Councilmembers committed to pursuing financial assistance, including the $1 million CAL FIRE grant, Measure FF funds for low-income/elderly/disabled residents, and state/federal tax credits. They also pledged to coordinate with regional partners (East Bay Regional Parks, PG&E, UC Berkeley) on eucalyptus removal and undergrounding power lines.

Key Outcomes

• Vote: Unanimous (8–0) to approve both items. Councilmembers present: Kesarwani, Taplin, Bartlett, Tregub, O'Keefe, Blackaby, Lunaparra, Humbert, and Mayor Ishii.
• Action on Item 1: Adopted first reading of an ordinance designating Fire Hazard Severity Zones within the Local Responsibility Area as recommended by CAL FIRE, plus additional local designations of Very High and High zones based on substantial evidence (Government Code §§ 51178, 51182).
• Action on Item 2: Adopted first reading of an ordinance amending Section 19.48.020 of the Berkeley Municipal Code (Amendments to the California Fire Code) and a resolution setting forth findings of local conditions justifying more stringent standards than the 2022 California Fire Code. A public hearing was held; the second reading and final adoption are scheduled for May 6, 2025.
• Next Steps: The Fire Department will begin public notification and support for affected property owners (approximately 850 parcels in the initial phase). Inspections will begin in 2026. The council directed staff to return with a financing plan and to seek additional grants. Future phases will bring more of the High zone under defensible space requirements, potentially before the state’s 2029 deadline.