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Record of Proceedings

Berkeley City Council Special Meeting on Fire Hazard Zones and Fire Code Amendments – April 15, 2025

City CouncilTuesday, April 15, 2025
BodyBerkeley, California
SessionCity Council
DateTuesday, April 15, 2025
StatusFILED
Video Record

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Transcript — Verbatim
0:00

Okay, so I oh great.

0:02

So council members, we had I was entertaining a motion to accept the supplemental materials by our chief spray, and we were just waiting to have enough folks to be able to receive that.

0:22

And I believe we had a motion and a second.

0:29

Second.

0:30

Thank you.

0:31

So to uh accept the revised material from the um car department.

0:38

Uh Councilmember Kessarwani.

0:40

Yes.

0:41

Taplin, yes.

0:43

And O'Keefe.

0:46

Yes.

0:47

Blackaby.

0:48

Yes.

0:48

Lunapara.

0:49

Yes.

0:50

Humbert.

0:50

Yes.

0:51

And Mayor Ishii.

0:52

Yes.

0:53

Thank you very much.

0:54

Thank you, everyone.

0:55

I'm gonna pass it over to the chief for the presentation.

1:07

Okay, good afternoon.

1:08

Mayor, council, members of the community.

1:10

We return here tonight after two months of collaboration with the Disaster Fire Safety Commission, many of you and members of the community.

1:19

We want to begin with a recap of the two components of the Ember package that were bringing uh before you tonight for consideration.

1:26

That's defensible space, specifically zone zero, and adoption of the fire hazard severity zone maps.

1:34

The fires in Paradise, Santa Rosa, La Hena, and most recently in Los Angeles, and right here in Berkeley in 1923 and 1991.

1:43

Um they're not surprises.

1:45

Many fires occurred where fires have occurred in the past, following known topography and fueled by similar weather conditions.

1:54

Fire is a natural part of the California landscape, one we cannot eliminate, but one we can learn, can and must learn to adapt to.

2:02

Through defensible space and home hardening, we can build a fire adapted community and significantly reduce the risk to life and property.

2:11

While fire suppression remains essential, it's not alone enough.

2:16

A safer future will require all of us working together to make Berkeley more fire safe.

2:22

This photo shows burn scars, a tree experience just under every 10 years, ending around the turn of the century when we began to systematically eliminate fire from the landscape.

2:33

Climate change, fueled in part by wildfires, which contribute 28% of the carbon released into the atmosphere, has put a fine point on the issue.

2:47

While the fire problem we face today is partially a result of climate change, it's also the result of the systematic exclusion of fire from the landscape for over 100 years.

2:57

This, along with our development into fire-prone landscapes, has led to a substantially higher amount of really dry fuel in uh for fires to burn.

3:08

As the climate warms, it pulls more moisture from that fuel and dries it out, increasing its ignition potential.

3:17

As the rainy season continues to compress, we have tinder-dry fuel conditions, which are easily ignitable that overlap with high wind events in the winter and spring that did not previously pose a risk of fire.

3:30

Because we're not going to engage in a managed retreat from fire pro fire prone areas, we're forced with a binary decision to adapt or not.

3:42

Maintaining the status quo will continue to result in similar outcomes.

3:46

All these fires and many more took advantage of key vulnerabilities in the communities that enabled devastating fire behavior, resulting in catastrophic structure loss, injuries, and death.

3:58

These vulnerabilities are well known, scientifically supported and field tested in communities across the West, many with similar topography, vegetation, and climate conditions to the East Bay.

4:10

The state of California experienced experiences about 8,000 wildfires a year.

4:15

Many of them occur under far less extreme conditions than we saw in Los Angeles.

4:20

We know that fire will inevitably impact Berkeley Hills, the Berkeley Hills again, as it has approximately every 20 years, with the last major fire occurring over 30 years ago now in 1991.

4:35

Common public engagement over the last four years has often revolved around a compromise.

4:40

Sorry, over the last four months as we've evolved this process has often revolved around a compromise between defensible space and home hardening, allowing flexibility to improve compliance.

4:52

If I have a hardened structure, do I still need to pull my chamellias?

4:56

There are dozens of pathways for fire to spread through communities.

5:00

Even just one vulnerability can ignite a structure, which is highly likely to result in the ignition of numerous additional structures and the loss of an entire community.

5:10

In 1991, each home that burned was estimated to have ignited 10 adjacent structures.

5:16

Doing half of the ember hardening or defensible space required does not translate to a 50% increase in resilience or structure survivability.

5:27

Recent independent modeling confirms the lived experience from 91.

5:32

The dark red polygons spanning the Berkeley Hills across the proposed Grizzly Peak Zone show where fire is most likely to make entry into the community, and where minimal separation between structures means that one structure burning without fire department intervention will lead to rapid structure to structure fire spread.

5:50

Thus, every opportunity for embers to result in ignition must be addressed for this to be effective.

5:57

All residential construction has significant vulnerabilities.

6:00

Windows, vents, weep holes in stucco walls, all are necessary construction features that make zone zero and defensible space critical.

6:13

This video is from Los Angeles, and it's why homes burn.

Discussion Breakdown — Share of Meeting
Fire Safety█████████████████████████████████████████████60%
Miscellaneous███████████15%
Public Comment███████9%
Public Engagement█████6%
Public Safety█████6%
Procedural███4%
Summary of Proceedings

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.

Meeting Transcript

Okay, so I oh great. So council members, we had I was entertaining a motion to accept the supplemental materials by our chief spray, and we were just waiting to have enough folks to be able to receive that. And I believe we had a motion and a second. Second. Thank you. So to uh accept the revised material from the um car department. Uh Councilmember Kessarwani. Yes. Taplin, yes. And O'Keefe. Yes. Blackaby. Yes. Lunapara. Yes. Humbert. Yes. And Mayor Ishii. Yes. Thank you very much. Thank you, everyone. I'm gonna pass it over to the chief for the presentation. Okay, good afternoon. Mayor, council, members of the community. We return here tonight after two months of collaboration with the Disaster Fire Safety Commission, many of you and members of the community. We want to begin with a recap of the two components of the Ember package that were bringing uh before you tonight for consideration. That's defensible space, specifically zone zero, and adoption of the fire hazard severity zone maps. The fires in Paradise, Santa Rosa, La Hena, and most recently in Los Angeles, and right here in Berkeley in 1923 and 1991. Um they're not surprises. Many fires occurred where fires have occurred in the past, following known topography and fueled by similar weather conditions. Fire is a natural part of the California landscape, one we cannot eliminate, but one we can learn, can and must learn to adapt to. Through defensible space and home hardening, we can build a fire adapted community and significantly reduce the risk to life and property. While fire suppression remains essential, it's not alone enough. A safer future will require all of us working together to make Berkeley more fire safe. This photo shows burn scars, a tree experience just under every 10 years, ending around the turn of the century when we began to systematically eliminate fire from the landscape. Climate change, fueled in part by wildfires, which contribute 28% of the carbon released into the atmosphere, has put a fine point on the issue. While the fire problem we face today is partially a result of climate change, it's also the result of the systematic exclusion of fire from the landscape for over 100 years. This, along with our development into fire-prone landscapes, has led to a substantially higher amount of really dry fuel in uh for fires to burn. As the climate warms, it pulls more moisture from that fuel and dries it out, increasing its ignition potential. As the rainy season continues to compress, we have tinder-dry fuel conditions, which are easily ignitable that overlap with high wind events in the winter and spring that did not previously pose a risk of fire. Because we're not going to engage in a managed retreat from fire pro fire prone areas, we're forced with a binary decision to adapt or not. Maintaining the status quo will continue to result in similar outcomes. All these fires and many more took advantage of key vulnerabilities in the communities that enabled devastating fire behavior, resulting in catastrophic structure loss, injuries, and death. These vulnerabilities are well known, scientifically supported and field tested in communities across the West, many with similar topography, vegetation, and climate conditions to the East Bay. The state of California experienced experiences about 8,000 wildfires a year. Many of them occur under far less extreme conditions than we saw in Los Angeles. We know that fire will inevitably impact Berkeley Hills, the Berkeley Hills again, as it has approximately every 20 years, with the last major fire occurring over 30 years ago now in 1991. Common public engagement over the last four years has often revolved around a compromise. Sorry, over the last four months as we've evolved this process has often revolved around a compromise between defensible space and home hardening, allowing flexibility to improve compliance. If I have a hardened structure, do I still need to pull my chamellias?

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