Berkeley council adopts amended ADU rules, narrows some allowances in hillside after fire‑safety debate

The Berkeley City Council voted to adopt amended zoning rules for accessory dwelling units (ADUs) that align local regulations with state law while preserving tighter limits in the city’s hillside overlay to address fire‑safety concerns.

Council members debated the package for more than an hour before adopting a substitute motion that incorporated staff recommendations plus specific council amendments on hillside standards and a footnote clarifying how “new construction” ADU allowances apply on multifamily parcels. The council closed the public hearing and the clerk recorded the substitute motion as carried.

Why it matters: The changes authorize broader ADU allowances in much of Berkeley — including an increase in maximum ADU size to 1,200 square feet and relaxed setback and parking rules outside the hillside overlay — but leave more restrictive size and height standards for parcels inside the hillside overlay where evacuation times and wildfire risk are acute. Supporters say the amendment will expand housing options and flexibility for homeowners; opponents and fire officials warned that additional density in the hills could lengthen evacuation times and risk lives.

Staff presentation and commission recommendations Jordan Klein, director for development (staff presenter), and planning staff described amendments to Title 23 intended to bring Berkeley’s ADU ordinance into compliance with recent state law changes and planning commission direction. Planning staff presented incentives the commission recommended — such as removing front setbacks, raising some height limits to 25 feet outside the hillside overlay, and allowing rooftop decks in less‑risky areas — while retaining explicit, more restrictive rules for hillside locations.

Fire department concerns Fire Chief Sprague, called in during the hearing, told the council the fire department’s position remains ‘‘that we should be limiting development that adds population density in the hills, in the fire hazard severity zones, the hillside overlay. . . . These are not theoretical risks. We’ve seen it happen in real life over and over and over again.’’ The chief cited a recent evacuation study showing that additional allowable development in the hills could increase evacuation times and make it harder to get everyone out in a wind‑driven wildfire.

Council debate and amendments Councilmember Blackabee (supplement sponsor) framed his amendments as a targeted way to keep the more conservative size and height limits in the hillside overlay while allowing more permissive, state‑compliant standards elsewhere. ‘‘We’re pro‑housing,’’ he said, ‘‘but we need to build housing where it is safe to do so.’’ Other council members supported preserving the larger maximum ADU size and greater height outside the hills to allow families, aging residents, or multi‑person households appropriate living space.

Public testimony ADU proponents, including Debbie Sanderson, co‑chair of the ADU Task Force, urged council to adopt the planning commission’s incentives and warned that reducing size or height would ‘‘reduce the production of ADUs’’ and limit affordable homeownership opportunities. Multiple members of the public also raised environmental and defensible‑space concerns and urged careful rules in all neighborhoods.

What the council voted on The council voted to adopt the substitute motion incorporating: (a) staff’s Title 23 recommendations to comply with state ADU law, (b) clarifying footnote language on how ‘‘new construction’’ ADUs may be attached or detached on multifamily parcels, and (c) targeted limits and findings in the hillside overlay to address wildfire and evacuation risks. The clerk recorded the motion as carried following a roll‑call; the chair announced the motion carried.

Next steps The ordinance changes will move forward as approved by the council tonight; staff indicated they will return with any remaining Title 21 items (which were held for later analysis) in September or October. Planning and fire staff will continue to coordinate on implementation and any needed clarifications to ensure the city’s ADU rules meet state requirements while addressing local safety concerns.

Quotes Fire Chief Sprague: "We should be limiting development that adds population density in the hills ... The more people they accommodate, the more complicated the evacuation becomes." Debbie Sanderson, ADU Task Force co‑chair: "We support the proposed amendments to chapter 23 ... we don't see the connection to reducing risks by small reductions in size and height." Councilmember Blackabee (supplement sponsor): "We need to focus our collective efforts also on building housing where it is safe to do so."

Ending Council members directed staff to return with any follow‑up edits and to continue coordination between planning and fire department staff. The council recessed for 10 minutes before taking up the next agenda item.