Fremont City Council
October 4, 2022

City Council Chambers
3300 Capitol Avenue
Fremont, CA

Fremont City Council

Lily Mei, Mayor
Teresa Keng, Vice Mayor
Rick Jones, District 2
Jenny Kassan, District 3
Yang Shao, District 4
Raj Salwan, District 5
Teresa Cox, District 6

City Staff

Karena Shackelford, City Manager
Rafael Alvarado, Jr., City Attorney
Christina Briggs, Assistant City Manager
Brian Stott, Assistant City Manager

Geneva Bosques, Communications and
Legislative Affairs Director
Allen DeMers, Assistant to the City Manager
Susan Gauthier, City Clerk
Curtis Jacobson, Fire Chief
Hans Larsen, Public Works Director
Donovan Lazaro, Economic Development Director
David Persselin, Finance Director
Dan Schoenholz, Community Dev. Director
Suzanne Shenfil, Human Services Director
Sanford Taylor, Information Technology Director
Sean Washington, Chief of Police
Suzanne Wolf, Community Services Director
Fremont City Council
Agenda and Report
October 04, 2022

General Order of Business

1. Preliminary
• Call to Order
• Salute to the Flag
• Roll Call

2. Consent Agenda

3. Ceremonial Items

4. Public Communications

5. Scheduled Items
• Public Hearings
• Appeals
• Reports from Commissions, Boards and
Committees

6. Report from City Attorney

7. Other Business

8. Council Communications

9. Adjournment

IMPORTANT NOTICE REGARDING THE

CITY COUNCIL MEETING
This meeting is being conducted utilizing
teleconferencing and electronic means Pursuant to
Government Code Section 54953(e) (Assembly Bill
361), The live stream of the meeting may be viewed
on the City of Fremont’s website at
www.Fremont.gov/Channel27 , which also provides
a link to the live stream; or, on Comcast Channel 27.

Please note at this time, Channel 27 is only
available to Comcast cable subscribers. The public
may only view the meeting on television and/or
online and not in the Council Chamber.

Submission of Public Comments: For those wishing
to make public comments at the October 4, 2022
Council meeting, you may either: (1) submit your
comments by email prior to the meeting, or (2) by
Spoken Public Comment during the meeting. If you
experience technical problems with the telephonic
meeting, please contact the City Clerk’s Office at
(510)284-4060 or [email protected] .

See instructions on next page.

Agenda and Report - Fremont City Council Meeting - October 04, 2022

October 4, 2022 Fremont City Council Page 2
How to submit Public Communications / Public Comment by email prior to the meeting:

Send an email to [email protected] by 4:00 p.m. the day of the meeting. Please identify the agenda item number and meeting date in the subject line of your email or specify that it is not related to an agenda item. Emails will be compiled into files by agenda item number, distributed to the City Council and staff, and published in the City's Agenda Center on www.fremont.gov. If you wish to share an attachment/exhibit during a public comment portion of the zoom meeting, submit the pdf formatted document(s) to the email above by the noted deadline. Use the “raise hand” feature to request to speak. When called upon by the Mayor, City staff can share the document(s) while you are speaking during the time allotted.

Electronic comments on agenda items for the City Council meeting may only be submitted by email. Comments via text and social media (Facebook, Twitter, etc.) will not be accepted.

How to provide Spoken Public Comment during the meeting:
1) By phone 833-430-0037 (toll free). Webinar ID: 813 1873 2985. Click *9 to raise a hand to speak. 2) By online https://us06web.zoom.us/j/81318732985
a. Use a current, up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers including Internet Explorer. Mute all other audio before speaking. Using multiple devices can cause an audio feedback. b. Enter an email address and name. The name will be visible online and will be used to notify you that it is your turn to speak.
c. When the Mayor calls for the item on which you wish to speak, click on “raise hand.” Speakers will be notified shortly before they are called to speak.
d. When called, please limit your remarks to the time limit allotted.

If you are an individual with a disability and need a reasonable modification or accommodation pursuant to the Americans with Disabilities Act, or if you do not have access to email or the internet, please contact The City Clerk’s Office at (510)284-4060 or [email protected] prior to the meeting for assistance.

Order of Discussion
Generally, the order of discussion after introduction of an item by the Mayor will include comments and information by staff followed by City Council questions and inquiries. The applicant, or their authorized representative, or interested citizens, may they speak on the item; each speaker may only speak once to each item. At the close of public discussion, the item will be considered by the City Council and action taken. Items on the agenda may be moved from the order listed.

Consent Calendar
Items on the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which case the item will be removed from the Consent Calendar and considered separately.

Additionally, other items without a “Request to Address the City Council” card in opposition may be added to the consent calendar. The City Attorney will read the title of ordinances to be adopted.

Oral Communications
Any person desiring to speak on a matter which is not scheduled on this agenda may do so under the Oral Communications section of Public Communications. Please submit your speaker card to the City Clerk prior to the commencement of Oral communications. Only those who have submitted cards prior to the beginning of Oral Communications will be permitted to speak. Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item which does not appear on the agenda, unless the item meets stringent statutory requirements. The Mayor will limit the length of your presentation (see instructions on speaker card) and each speaker may only speak once on each agenda item.

The City Council Agendas may be accessed by computer at the following World Wide Web Address:
www.fremont.gov

Availability of Public Records
All disclosable public records relating to an open session item on this agenda that are distributed by the City to all or a majority of the City Council less than 72 hours prior to the meeting will be available for public inspection in specifically labeled binders located in the lobby of Fremont City Hall, 3300 Capitol Avenue during normal business hours, at the time the records are distributed to the City Council.

Information about the City or items scheduled on the Agenda and Report may be referred to:

Address: City Clerk
City of Fremont
3300 Capitol Avenue, Bldg. A
Fremont, California 94538
Telephone: (510) 284-4060

Your interest in the conduct of our City’s business is appreciated.

October 4, 2022 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
October 04, 2022
City Council Chambers, 3300 Capitol Avenue, Building A
7:00 PM

1. Preliminary
A. Call to Order
B. Salute the Flag
C. Roll Call
D. Announcements by Mayor / City Manager

2. Consent Calendar
Items on the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately. Additionally, other items without a “Request to Address Council” card in opposition may be added to the consent calendar. The City Attorney will read the title of ordinances to be adopted.

A. Motion To: Waive Further Reading of Proposed Ordinances (This permits reading the title only in lieu of reciting the entire text.) B. Approval of Minutes

1. APPROVAL OF MINUTES – for the Regular Meeting of September 6, 2022, for the Regular Meeting of September 13, 2022, and the Special and Regular Meetings of September 20, 2022
Contact Persons:

Name: Susan Gauthier
Title: City Clerk
Dept: City Clerk's Office
Phone: 510-284-4076
E-Mail: [email protected]

RECOMMENDATION: Approve minutes.

C. SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY OF FREMONT AMENDING FREMONT MUNICIPAL CODE SECTIONS 6.10.030,

6.10.040, 6.10.070, 6.20.010, 6.30.040, 6.30.060, 6.40.030, 6.40.040, AND

6.50.040 AND ADDING SECTIONS 6.10.130, 6.40.025, AND 6.40.035 (ANIMALS ORDINANCE)
RECOMMENDATION: Waive the second reading and adopt an ordinance amending Fremont Municipal Code Sections 6.10.030, 6.10.040, 6.10.070,

6.20.010, 6.30.040, 6.30.060, 6.40.030, 6.40.040, and 6.50.040, and adding Sections 6.10.130, 6.40.025, and 6.40.035.

October 4, 2022 Fremont City Council Page 4
D. AB 361 - Consider Making Findings to Allow the City Council and the Legislative Bodies of the City of Fremont to Continue Holding Meetings via Videoconference pursuant to AB 361
Contact Persons:

Name: Rafael Alvarado Christina Briggs
Title: City Attorney Assistant City Manager
Dept: City Attorney's Office City Manager's Office
Phone: 510-284-4030 510-284-4022
E-Mail: [email protected] [email protected]

RECOMMENDATION: Staff recommends that the City Council make the following findings in order to continue holding videoconference meetings for the City Council and the City’s legislative bodies:

1. The City Council has reconsidered the circumstances of the COVID-19 state of emergency;

2. The state of emergency continues to directly impact the ability of the members to meet safely in person; and

3. Staff is directed to schedule reconsideration of these findings at the regularly scheduled City Council meeting on November 1, 2022.

E. TRACT 8292 - Approval of Final Map, Agreements for Construction of Public and Private Street Improvements, and Dedication of Land and Public Easements for Tract 8292, Located at 40857 Lincoln Street (Lincoln Townhomes)
Contact Persons:

Name: Kenneth Nagar Hans Larsen
Title: Associate Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4732 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATION: Adopt a resolution to:

1. Approve the Final Map and the Improvement Plans for Tract 8292.

2. Approve the Agreement for Public Improvements entitled “Public Improvement Agreement, Tract 8292”, with the developer, Gettysburg Common LLC, a California Limited Liability Company, and authorize the City Manager to execute the agreement on behalf of the City.

3. Approve the Agreement for Private Improvements entitled “Private Improvement Agreement, Tract 8292”, with the developer, Gettysburg Common LLC, a California Limited Liability Company, and authorize the City Manager to execute the agreement on behalf of the City.

4. Accept the developer’s offer of dedication of real property interests, as identified on the Final Map, provided that the acceptance of any property on which the developer is required to construct public improvements shall be conditioned upon the developer’s completion of the improvements to the satisfaction of the City Engineer.

October 4, 2022 Fremont City Council Page 5
F. DUSTERBERRY WAY RAILROAD CROSSING SAFETY IMPROVEMENT PROJECT - Approval of Plans and Specifications, Award of Construction Contract to GradeTech, Inc. in the Amount of $464,153.86 (Including 15% Contingency) to Implement the Dusterberry Way Railroad Crossing Safety Improvement Project (PWC 8964); and Make Findings of CEQA Exemption (PWC 8964)
Contact Persons:

Name: Jeanne Suyeishi Hans Larsen
Title: Senior Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4728 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATION: Approval of the following actions related to the Dusterberry Way Railroad Crossing Safety Improvement Project (PWC 8964):

1. Find that this project is exempt from California Environmental Quality Act (CEQA) review pursuant to CEQA Guidelines Section 15301 as the repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of use beyond that presently existing.

2. Approve the plans and specifications for the project.

3. Accept the bid and award the construction contract to the lowest responsive and responsible bidder, GradeTech, Inc. in the amount of $403,612.05 and allocate a 15% construction contingency in the amount of $60,541.81 for a total construction contract amount of $464,153.86 and authorize the City Manager or designee to execute the contract.

G. CENTERVILLE COMMUNITY PARK PRE-FABRICATED RESTROOM PROJECT (PWC8392 B) - Authorize the purchase of a Pre-Fabricated Restroom for Centerville Community Park and award a contract to the Public Restroom Company, Inc. (PRC) under SourceWell cooperative contract #081721, to design, fabricate, deliver and install the restroom for a contract amount not to exceed $503,180 (including a 10% contingency); and issue findings of CEQA compliance
Contact Persons:

Name: Mark Mennucci Suzanne Wolf
Title: Senior Landscape Architect Community Services Director Dept: Landscape Architecture Community Services
Phone: 510-494-4530 510-494-4329
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Find that the project is categorically exempt as a Class 1 facility (Replacement and Reconstruction of Existing Facilities) under Section 15302 of the Guidelines of the California Environmental Quality Act and that no further environmental review is required based on the Council’s prior approval of a mitigated negative declaration for the entire Centerville Community Park Project.

2. Authorize the City Manager or designee to accept the proposal and execute an agreement with the Public Restroom Company through SourceWell Cooperative Contract #081721, to design, fabricate, deliver and install a new prefabricated restroom at Centerville Community Park for a base amount of $457,436, plus a 10% contingency of $45,744, for a total contract amount of $503,180.

October 4, 2022 Fremont City Council Page 6
H. FEDERAL EMERGENCY SOLUTIONS GRANT PROGRAM AGREEMENT AND FUND APPROPRIATION – Adopt a Resolution and Authorize the City Manager to Execute an Agreement with the U.S. Department of Housing and Urban Development for the new Emergency Solutions Grant (ESG) Program for Fiscal Year 2022/23 and Appropriate $149,961 in ESG Funding Contact Persons:

Name: Robert Lopez Suzanne Shenfil
Title: CDBG Administrator Director
Dept: Human Services Department Human Services Department Phone: 510-574-2043 510-574-2051
E-Mail: [email protected] [email protected]

RECOMMENDATION: Staff recommends that the City Council adopt a resolution and authorize the City Manager or her designee to enter into an agreement with HUD for the new Emergency Solutions Grant program for FY 2022/23 and appropriate ESG funding in the Federal Operating Grants Fund.

I. ACCELA AUTOMATION SOFTWARE SUPPORT CONTRACT APPROVAL - Authorize the City Manager, or Designee, to Issue a Purchase Order and to Execute Implementing Documents with Accela, Inc., for the Annual Software Support and Maintenance of the Accela Citizen Access (ACA), Accela GIS (AGIS), and Accela Automation (AA)
Contact Persons:

Name: Alicia Hernandez Sanford Taylor
Title: Division Manager IT Director
Dept: Business Systems Information Technology Services
Phone: 510-494-4805 510-494-4802
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Authorize the City Manager, or designee, to issue a purchase order and to execute implementing documents with Accela, Inc., for the annual software support and maintenance of Accela Automation (AA); Accela GIS (AGIS); and Accela Citizen Access (ACA) through October 29, 2023, in the amount not-to- exceed $476,551.

2. Authorize the City Manager, or designee, to renew the annual software support agreements with Accela, Inc., for four additional one-year terms in an amount not-to-exceed a five percent (5%) increase per year.

October 4, 2022 Fremont City Council Page 7
J. CALIFORNIA NURSERY HISTORICAL PARK PRE-FABRICATED RESTROOM - Authorize the purchase of a pre-fabricated restroom for California Nursery Historical Park and award a contract to the Public Restroom Company pursuant to SourceWell Cooperative Contract #081721, to design, fabricate, deliver and install a restroom for a contract amount not to exceed $663,255 (including a 10% contingency); and issue findings of CEQA compliance
Contact Persons:

Name: Rico Lardizabal Suzanne Wolf
Title: Associate Landscape
Architect
Community Services Director
Dept: Landscape Architecture Community Services
Phone: 510-494-4743 510-494-4329
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Find the project is consistent with the adopted California Nursery Historical Park Master Plan, for which an Environmental Impact Report (EIR) was previously prepared and certified in accordance with the requirements of the California Environmental Quality Act (CEQA).

2. Authorize the City Manager or designee to accept the proposal and execute an agreement with the Public Restroom Company (PRC) through the SourceWell Cooperative Contract #081721, to design, fabricate, deliver, and install a new restroom at California Nursery Historical Park for a base amount of $602,959, plus a 10% contingency of $60,296, for a total contract amount of $663,255.

K. TRACT 8398 BOND RELEASE - Approval of Partial Release of Performance Bonds in the Amount of $6,889,999 Posted by Toll West Coast, LLC with Public and Private Improvement Agreements Required for Metro West Development Project
Contact Persons:

Name: Anne Quasarano Hans Larsen
Title: Senior Civil Engineer Public Works Director
Dept: Engineering Public Works
Phone: 510-494-4767 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATION: Approve the partial release of the Faithful Performance Bonds in the amount of $6,889,999 posted by Toll West Coast, LLC with the approved Public and Private Improvement Agreements for Tract 8398.

L. TRACT 8403 BOND RELEASE - Approval of Partial Release of Performance Bond in the Amount of $2,288,000 Posted by Toll CA XX, L.P. with Private Improvements Agreement Required for Project Metro Crossing Phase 3 Contact Persons:

Name: Anne Quasarano Hans Larsen
Title: Senior Civil Engineer Public Works Director
Dept: Engineering Public Works
Phone: 510-494-4767 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATION: Approve the partial release of the Faithful Performance Bond in the amount of $2,288,000 posted by Toll CA XX, L.P. with the approved Private Improvement Agreement for Tract 8403.

October 4, 2022 Fremont City Council Page 8

3. Ceremonial Items
A. Proclamation: Filipino Heritage Month

4. Public Communications
A. Oral and Written Communications
INDUSTRIAL DEVELOPMENT AUTHORITY - None.

PUBLIC FINANCING AUTHORITY - None.

CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR

5. Scheduled Items
A. INTRODUCTION AND FIRST READING OF ORDINANCE ADOPTING BY REFERENCE, WITH AMENDMENTS, THE 2022 CALIFORNIA BUILDING,

MECHANICAL, PLUMBING, ELECTRICAL, EXISTING BUILDING, ENERGY,

RESIDENTIAL BUILDING, HISTORICAL BUILDING, AND GREEN BUILDING CODES; THE 2021 INTERNATIONAL POOL AND SPA CODE; AND THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE); AND REPEALING AND REPLACING FREMONT MUNICIPAL CODE TITLE 15 (BUILDING AND CONSTRUCTION), DIVISION 1 (FREMONT BUILDING STANDARDS CODE);

INTRODUCTION AND FIRST READING OF ORDINANCE ADOPTING BY REFERENCE, WITH AMENDMENTS, THE 2022 CALIFORNIA FIRE CODE AND REPEALING AND REPLACING FREMONT MUNICIPAL CODE TITLE 15 (BUILDING AND CONSTRUCTION), DIVISION 1 (FREMONT BUILDING STANDARDS CODE), CHAPTER 15.35 (FREMONT FIRE CODE); AND

ADOPTION OF RESOLUTION MAKING EXPRESS FINDINGS THAT
MODIFICATIONS TO THE 2022 CALIFORNIA BUILDING STANDARDS, AS

ADOPTED BY THE CITY, ARE REASONABLY NECESSARY DUE TO
LOCAL CONDITIONS.

Contact Persons:

Name: Gary West Jay Swardenski
Title: Building Official Fire Marshal
Dept: Building Inspection Fire Department
Phone: 510-494-4413 510-494-4200
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Hold public hearing.

2. Waive full reading and introduce ordinances and schedule a public hearing for November 1, 2022, to adopt by reference, with amendments, the 2022 California Building, Electrical, Plumbing, Mechanical, Residential, Green Building, Energy, Housing, Existing Buildings, and Fire Codes, the 2021 International Property Maintenance Code, and the 2021 International Swimming Pool and Spa Code.

3. Direct the City Clerk to publish a notice of public hearing set for November 1, 2022 , to consider adoption of the ordinances in accordance with Government Code Sections 6066 and 50022.3.

October 4, 2022 Fremont City Council Page 9

6. Report from City Attorney - None.

7. Other Business - None.

8. Council Communications
A. Council Referrals - None.

B. Oral Reports on Meetings

9. Adjournment
October 4, 2022 Fremont City Council Page 10
October 4, 2022 Fremont City Council Page 11

ACRONYMS

ABAG Association of Bay Area Governments GIS Geographic Information System ACE Altamont Commuter Express GPA General Plan Amendment ACFCD Alameda County Flood Control District HARB Historical Architectural Review Board ACTC Alameda County Transportation
Commission
HBA Home Builders Association
HRC Human Relations Commission
ACWD Alameda County Water District ICMA International City/County Management Association ARB Art Review Board
BAAQMD

BART
Bay Area Air Quality Management
District
Bay Area Rapid Transit District
JPA Joint Powers Authority
LLMD Lighting and Landscaping Maintenance
District
BCDC Bay Conservation & Development
Commission
LOCC League of California Cities
LOS Level of Service
BMPs Best Management Practices MOU Memorandum of Understanding BMR Below Market Rate MTC Metropolitan Transportation
Commission
CALPERS California Public Employees’ Retirement
System
NEPA
NLC
National Environmental Policy Act
National League of Cities
CBC
CDD
California Building Code
Community Development Department
NPDES National Pollutant Discharge Elimination
System
CC & R’s Covenants, Conditions & Restrictions NPO Neighborhood Preservation Ordinance CDBG Community Development Block Grant PC Planning Commission CEQA California Environmental Quality Act PD Planned District CERT Community Emergency Response Team PDA Priority Development Area CIP Capital Improvement Program PUC Public Utilities Commission CNG Compressed Natural Gas PVAW Private Vehicle Accessway COF City of Fremont PWC Public Works Contract
COPPS Community Oriented Policing and Public
Safety
RFP Request for Proposals
RFQ Request for Qualifications
CSAC California State Association of Counties RHNA Regional Housing Needs Allocation CTC California Transportation Commission ROP Regional Occupational Program dB Decibel RRIDRO Residential Rent Increase Dispute
Resolution Ordinance DEIR Draft Environmental Impact Report DU/AC Dwelling Units per Acre RWQCB Regional Water Quality Control Board EBRPD East Bay Regional Park District SACNET

Southern Alameda County Narcotics
Enforcement Task Force EDAC Economic Development Advisory Commission (City)
EIR
EIS
Environmental Impact Report (CEQA)
Environmental Impact Statement
STIP State Transportation Improvement
Program

ERAF
(NEPA)
Education Revenue Augmentation Fund
TCRDF Tri-Cities Recycling and Disposal Facility
TOD Transit Oriented Development
EVAW
FAR
Emergency Vehicle Accessway
Floor Area Ratio
TS/MRF Transfer Station/Materials Recovery
Facility
FEMA Federal Emergency Management Agency UBC See CBC
FFD Fremont Fire Department VTA Santa Clara Valley Transportation Authority
FMC Fremont Municipal Code WMA Waste Management Authority FPD Fremont Police Department
FRC Family Resource Center ZA Zoning Administrator
FUSD Fremont Unified School District ZTA Zoning Text Amendment

October 4, 2022 Fremont City Council Page 12

UPCOMING MEETING AND CHANNEL 27

BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 Monday,
October 3, 2022 5:30 p.m. Joint City Council/FUSD
Meeting
FUSD
Hosts Live
October 4, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
October 11, 2022 7:00 p.m. City Council Meeting Council Chambers Live
October 18, 2022 7:00 p.m. City Council Meeting Council Chambers Live
October 25, 2022 5:30 p.m. CC/FUSD Liaison Committee
Meeting
FUSD
Hosts Live
November 1, 2022 7:00 p.m. City Council Meeting Council Chambers Live
November 8, 2022 7:00 p.m. City Council Meeting Council Chambers Live
November 15, 2022 7:00 p.m. City Council Meeting Council Chambers Live
November 22, 2022 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live
November 29, 2022 No 7PM City Council Meeting
(5th Tuesday)
December 6, 2022 7:00 p.m. City Council Meeting Council Chambers Live
December 13, 2022 7:00 p.m. City Council Meeting Council Chambers Live
December 20, 2022 7:00 p.m. City Council Meeting Council Chambers Live
December 27, 2022 5:30 p.m. CC/FUSD Liaison Committee
Meeting FUSD Hosts Live

Fremont City Council Meeting: 10/04/22 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Approval of Minutes

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4725) DOC ID: 4725
Updated: 9/28/2022 1:09 AM by Susan Gauthier Page 1
APPROVAL OF MINUTES – for the Regular Meeting of September 6, 2022, for the Regular Meeting of September 13, 2022, and the Special and Regular Meetings of September 20, 2022
Contact Persons:

Name: Susan Gauthier
Title: City Clerk
Div/Dept: City Clerk's Office
Phone: 510-284-4076
E-Mail: [email protected]

APPROVAL OF MINUTES – for the Regular Meeting of September 6, 2022, for the Regular Meeting of September 13, 2022, and the Special and Regular Meetings of September 20, 2022

ATTACHMENTS:
• Draft Minutes

RECOMMENDATION: Approve minutes.

2.B.1
Packet Pg. 13

*Consent Items

MINUTES

FREMONT CITY COUNCIL MEETING
SEPTEMBER 6, 2022

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
7:00 P.M.

1. PRELIMINARY

A. Call to Order: Mayor Mei called the mee ting to order at 7:00 p.m.

B. Flag Salute: Councilmember Shao led the salute to the flag.

C. Roll Call: Present: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Sh ao, Salwan, and Cox

Absent: Councilmember Kassan

D. Announcements by Mayor/City Manager/City Attorney

Mayor Mei announced the Boards and Commissions vacancies.

2. CONSENT CALENDAR

* A. Waive Reading of Ordinances: The City Attorney read the titles of ordinances to be considered.

On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council waived further readings of proposed ordinances.

Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Shao, Salwan, and Cox
Noes: None
A
bsent: Councilmember Kassan
Abstain: None

* B. Mayor Mei opened consideration of Approval of Minutes

On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council approved minutes for the Special and Regular Meetings of July 19, 2022 and the Special Meeting of August 9, 2022

Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Shao, Salwan, and Cox
Noes: None
A
bsent: Councilmember Kassan
Abstain: None

2.B.1.a
Packet Pg. 14
Attachment: Draft Minutes (4725 : Approval of Minutes - 2022-09-06 - 2022-09-20)

*Consent Items

* C. Mayor Mei opened consideration of Second Reading and Adopt ion of an Ordinance of the City Council of the City of Fremont Amending Fremont Municipal Code Section

2.05.060 (Compensation of Mayor and Councilmembers) to Adjust the Salaries of the Mayor and Council Members

On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council waived the second reading and adopted Ordinance No. 08-2022 amending the Municipal Code to authorize an increase in the salary of the City Councilmembers to $2,427.76 per month and of the Mayor to $4,313.28 per month, effective after the new City Council is seated following the election of November 8, 2022.

Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Shao, and Cox
Noes: Councilmember Salwan

Absent: Councilmember Kassan
Abstain: None

* D. Mayor Mei opened consideration to Consider Making Findings to Allow the City Council and the Legislative Bodies of the City of Fremont to Continue Holding Meetings via Videoconference pursuant to AB 361

On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council made the following findings in order to continue holding videoconference meetings for the City Council and the City’s legislative bodies:

1. The City Council has reconsider ed the circumstances of the COVID-19 state emergency;

2. The state of emergency conti nues to directly impact the ability of the members to meet safely in person; and.

3. Staff is directed to schedule reconsideration of these findings at the regularly scheduled City Council meeting on October 4, 2022.

Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Shao, Salwan, and Cox
Noes: None

Absent: Councilmember Kassan
Abstain: None

* E. Mayor Mei opened considerati on to Report of Actions Taken by the City Manager during Council Recess, July 20, 2022 through September 5, 2022

On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council received report acknowledging actions taken by the City Manager or designee during the recess.

Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Shao, Salwan, and Cox
Noes: None

Absent: Councilmember Kassan
Abstain: None

2.B.1.a
Packet Pg. 15
Attachment: Draft Minutes (4725 : Approval of Minutes - 2022-09-06 - 2022-09-20)

*Consent Items

* F. Mayor Mei opened consideration to Authorize the City Manag er or her designee to execute a Service Agreement with Cal Engineering & Geology, Inc., to investigate, assess and develop designs for the renovation of various segments of Lake Elizabeth Shoreline Stabilization Project (PWC 8897).

This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. Chris commented. There being no additional speakers, Mayor Mei closed the public comment period.

On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council found that the execution of the service agreement is exempt from review under the California Environmental Quality Act (CEQA) per, without limitation, each on a separate and independent basis, (1) CEQA Guidelines Sections 15306, and (3) CEQA Guidelines Section 15378(b).Authorize the City Manager, or her designee, to execute a Service Agreement with Cal Engineering & Geology, Inc., to investigate, assess and develop designs for the renovation of various segments of the Lake Elizabeth Shoreline, for a contract amount of $301,000, plus a 15% contingency amount of $45,150, for a total service agreement contract amount of $346,150.

Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Shao, Salwan, and Cox
Noes: None
A
bsent: Councilmember Kassan
Abstain: None

* G. Mayor Mei opened consideration to Approve Purchase Orders through Cooperative Agreements with The Ford Store San Leandro for the Purchase of Ford Fleet Vehicles in an Amount Not to Exceed $1,200,000 and with National Auto Fleet Group for the Purchase of Various Make Vehicles in an Amount Not to Exceed $550,000; Make Findings of CEQA Exemption

This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. Chris commented. There being no additional speakers, Mayor Mei closed the public comment period.

On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council:

1. Authorized the City Manager or designee to execute a purchase order with The Ford Store San Leandro for the purchase of Ford vehicles in an amount not to exceed $1,200,000

2. Authorized the City Manager or designee to execute a purchase order with National Auto Fleet Group for the purchase of various make vehicles in an amount not to exceed $550,000.

3. Found the proposed purchase is no t a project as defined by Section 15378 (b) of the California Environmental Quality Act (CEQA), and, alternatively, the action is exempt

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from CEQA under Section 15061(b)(3), as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment.

Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Shao, Salwan, and Cox
Noes: None
A
bsent: Councilmember Kassan
Abstain: None

* H. Mayor Mei opened consideration to Authorize the City Manag er and the Human Services Director/President of the Fremont Family Resource Center Corporation to Execute the CalMoneySmart Grantee Agreement for the 2022/23 Fiscal Year and Appropriate $127,195 awarded for this project. (California Department of Financial Protection and Innovation (DFPI) Cal Moneysmart Grant)

On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council authorized the City Manager and the Human Services Director/President of the Fremont Family Resource Center Corporation to Execute the CalMoneySmart Grantee Agreement for the 2022/23 Fiscal Year and Appropriate $127,195 awarded for this project.

Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Shao, Salwan, and Cox
Noes: None
A
bsent: Councilmember Kassan
Abstain: None

* I. Mayor Mei opened consideration to Approve and Authorize th e City Manager to Execute a $187,787 Agreement for FY 2022/23 with Alameda County Health Care Services Agency to Support Human Services Programs, Including the Fremont Family Resource Center Family Support Services Program and Youth and Family Services Division's Why Try Cognitive Behavioral Groups Program (Youth and Family Opportunity Programs)

On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council approved and authorized the City Manager or her designee to execute an agreement with Alameda County Health Care Services Agency in the amount of $187,787.

Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Shao, Salwan, and Cox
Noes: None
A
bsent: Councilmember Kassan
Abstain: None

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* J. Mayor Mei opened Considera tion of a Resolution Approving a Successor Memorandum of Understanding (MOU) with the Fremont Police Managers’ Association (FPMA)

This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. Chris commented. There being no additional speakers, Mayor Mei closed the public comment period.

On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council adopted Resolution No. 2022-49 approving the negotiated terms and authorizing the City Manager to execute a three-year Memorandum of Understanding (MOU) for the period of July 31, 2022, through June 30, 2025, between the City of Fremont and the Fremont Police Managers’ Association (FPMA); and direct staff to adjust appropriations in the FY 2022/23 adopted operating budget as necessary to implement the terms of the MOU.

Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Shao, Salwan, and Cox
Noes: None
A
bsent: Councilmember Kassan
Abstain: None

* K. Mayor Mei opened consideration to Adopt a Resolution Summa rily Vacating a Roadway Easement at 43477 Bryant Street in the Mission San Jose Community Plan Area (PLN2019-00020), and Make Findings of CEQA Exemption

On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council adopted Resolution No. 2022-50 to vacate the roadway easement at 43477 Bryant Street on grounds the easement is no longer needed, and to find that the action is exempt from environmental review under CEQA Guidelines, Section 15305.

Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Shao, Salwan, and Cox
Noes: None
A
bsent: Councilmember Kassan
Abstain: None

* L. Mayor Mei opened consideration to Accept Staff Report on t he Recent Completion of Emergency Waterline Replacement Work at the Police Center

On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council accepted the staff report.

Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Shao, Salwan, and Cox
Noes: None
A
bsent: Councilmember Kassan
Abstain: None

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* M. Mayor Mei opened consideration of Approval of Funding Agre ement with the Alameda County Transportation Commission (ACTC) for the Environmental Clearance Phase of the I-880/Decoto Road Interchange Modernization Project (PWC 9022); Accept and Approve Appropriation of Measure BB Funds in the Amount of $2,000,000 to the Project; Issue Finding of CEQA Exemption

On a motion by Councilmember Jones, seconded by Councilmember Cox, the City Council:

1. Authorized the City Manager or designee to execute a funding agreement with ACTC for the environmental clearance phase for the I-880/Decoto Road Interchange Modernization project.

2. Appropriated $2,000,000 in ACTC M easure BB funds to PWC 9022-504.

3. Found the actions are exempt fr om the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).

Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Shao, Salwan, and Cox
Noes: None
A
bsent: Councilmember Kassan
Abstain: None

3. CEREMONIAL ITEMS – None.

4. PUBLIC COMMUNICATIONS

A. Oral and Written Communications

Email submitted to the City Clerk were compiled, distributed to the City Council and staff, and published in the City's Agenda Center on fremont.gov, and were placed on file.

The following person(s) commented: John Hinds.

5. SCHEDULED ITEMS – None.

6. REPORT FROM CITY ATTORNEY – None.

7. OTHER BUSINESS

A. Mayor Mei opened considerati on to Introduce Ordinance Amending the Street Racing and Sideshow Ordinance to Prohibit Promotion of and Attendance at Such Events

Email submitted to the City Clerk were compiled, distributed to the City Council and staff, and published in the City's Agenda Center on fremont.gov, and were placed on file.

No presentation. Mayor Mei opened the public comment period. The following persons commented: Chris and John Hinds. There being no additional speakers, Mayor Mei closed the

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public comment period. This was followed by a question and answer period between Councilmembers and City staff. Councilmembers provided comment.

On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council waived the first reading and introduced an ordinance amending Fremont Municipal Code Title 9 (Public Peace, Morals and Welfare), Chapter 9.35 (Street Racing and Sideshows), sections

9.35.010 and 9.35.030, and adding sections 9.35.090, 9.35.100, and 9.35.110. Council also requested a report out in approximately six months.

Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Shao, Salwan, and Cox
Noes: None
A
bsent: Councilmember Kassan
Abstain: None

8. COUNCIL COMMUNICATIONS

A. Council Referrals

1. Mayor Mei opened consideration of Mayor Mei Referral on Hom elessness Mitigation Policies

Email submitted to the City Clerk were compiled, distributed to the City Council and staff, and published in the City's Agenda Center on fremont.gov, and were placed on file.

Mayor Mei provided an overview of her referral. Mayor Mei opened the public comment period. The following persons commented: Annie Koruga, Lisa Danz, Kelly Abreu, Chris, Katherine Rubie, Sharon Scharff, John Hinds, and Naren Immadi. There being no additional speakers, Mayor Mei closed the public comment period. Councilmembers provided comment.

On a motion by Councilmember Jones, seconded by Councilmember Salwan, the City Council directed staff to review municipal options and practices from neighboring cities on how they’ve been able to address health hazards illegal dumping, and related clean-up.

Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Shao, Salwan, and Cox
Noes: None
A
bsent: Councilmember Kassan
Abstain: None

2. Mayor Mei opened consideration of Mayor Mei Referral: Appoi ntments to Advisory Bodies

No presentation. Mayor Mei opened the public comment period. The following persons commented: Chris. There being no additional speakers, Mayor Mei closed the public comment period.

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Appointments:

Advisory Body Appointee Term Expires

M o b i l i t y C o m m i s s i o n M o n i q u e C h a p m a n 1 2 / 3 1 /2025 (Impairments Representative)

R e c r e a t i o n C o m m i s s i o n E r i c D o n a t o 1 2 / 3 1 /2025

Youth Advisory Commission Emily Tang 12/31/2023
J e s s i c a L i 1 2 / 3 1 / 2023
A d i t y a M i t t a l 1 2 / 3 1 / 2023
S e a n D o r j e 1 2 / 3 1 / 2023

On a motion by Councilmember Cox, seconded by Councilmember Jones, the City Council approved appointments.

Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Shao, Salwan, and Cox
Noes: None
A
bsent: Councilmember Kassan
Abstain: None

B. Oral Reports on Meetings – None.

9. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 8:40 p.m.

A t t e s t : A p p r o v e d :

_____________________________ ___________________________ S u s a n G a u t h i e r , C i t y C l e r k L I L Y M E I , M a y o r

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MINUTES

FREMONT CITY COUNCIL MEETING
SEPTEMBER 13, 2022

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
7:00 P.M.

1. PRELIMINARY

A. Call to Order: Mayor Mei called the mee ting to order at 7:02 p.m.

B. Flag Salute: Councilmember Salwan led the salute to the flag.

C. Roll Call: Present: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Ka ssan, Shao, Salwan, and Cox

D. Announcements by Mayor/City Manager/City Attorney

Mayor Mei announced the Boards and Commissions vacancies.

2. CONSENT CALENDAR

* A. Waive Reading of Ordinances – None.

* B. Approval of Minutes – None.

 There was a delay at the beginning of the meeting, due to technical difficulties in Council Chambers. The meeting resumed at approximately 7:30 p.m.

* C. Mayor Mei opened consideration to Adopt a Resolution Updat ing the Conflict of Interest Code for the City of Fremont

This item was removed from the Consent Calendar. City Attorney Alvarado responded to questions from Councilmembers.

On a motion by Councilmember Salwan, seconded by Councilmember Jones, the City Council adopted Resolution No. 2022-51 amending Fremont’s Conflict of Interest Code as it relates to the Form 700 designated positions and the disclosure categories.

Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Kassan, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

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3. CEREMONIAL ITEMS

A. Proclamation: Hispanic and Latino Heritage Month

4. PUBLIC COMMUNICATIONS

A. Oral and Written Communications

Email submitted to the City Clerk were compiled, distributed to the City Council and staff, and published in the City's Agenda Center on fremont.gov, and were placed on file.

The following person(s) commented: Julia Shi and Naren Immadi.

5. SCHEDULED ITEMS – None.

6. REPORT FROM CITY ATTORNEY – None.

7. OTHER BUSINESS

A. Mayor Mei opened consideration of Adoption of a Resolution to Approve the Revised City Council Handbook of Rules and Procedures

Email submitted to the City Clerk were compiled, distributed to the City Council and staff, and published in the City's Agenda Center on fremont.gov, and were placed on file.

No presentation. City Attorney Alvarado responded to question from Councilmembers.

Mayor Mei opened the public comment period. The following persons commented: Marie Hughes, Naren Immadi, Annie Koruga, John Hinds, Kelly Abreu, and Katherine. There being no additional speakers, Mayor Mei closed the public comment period. This was followed by another question and answer period between Councilmembers and City Staff. Council provided direction to staff. No vote taken.

8. COUNCIL COMMUNICATIONS

A. Council Referrals – None.

B. Oral Reports on Meetings

Councilmembers reported on their various meetings.

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9. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 9:15 p.m.

A t t e s t : A p p r o v e d :

_____________________________ ___________________________ S u s a n G a u t h i e r , C i t y C l e r k L I L Y M E I , M a y o r

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MINUTES

FREMONT CITY COUNCIL SPECIAL MEETING
SEPTEMBER 20, 2022

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
6:00 P.M.

Call to Order: Mayor Mei called the mee ting to order at 6:06 p.m.

Roll Call: Present: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Ka ssan, Salwan and Cox

Absent: Councilmember Shao

Public Comment: None.

CONVENED TO A CLOSED SESSION at 6:07 p.m.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Government Code Section 54956.9)

1. Anita Barriga v. City of Fremont, Alameda County Superior Court, Case No. 21CV000687

2. Diane Hendry v. City of Fremont, Alameda County Superior Court, Case No. RG18915635

3. Jimmy Go v. City of Fremont, Alameda County Superior Court, Case No. 22CV009951

4. Mary Hyde v. City of Fremont, Alameda County Superior Court, Case No. 22CV010244

5. Michael Foust v. City of Fremont, Alameda County Superior Court, Case No. 2CV013289

6. Michael Knight et. al. v. City of Fremont, et. al., Alameda County Superior Court, Case No. 22CV010431

7. Michelle Mondragon v. City of Fremont, US District Court for the Northern District of California, Case No. 5:18-cv-01605-NC

8. Shacory Daniels v. City of Fremont, US District Court for the Northern District of California, Case No. 3:20-cv-03977-EMC

9. Shahida Hassan v. City of Fremont, Alameda County Superior Court, Case No. 21CV002766

10. Temple of 1001 Buddhas et al. v. City of Fremont, Alameda County Superior Court, Case No. 21CIV002808

11. Terri Cooper v. City of Fremont, Alameda County Superior Court, Case No. HG20076568

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12. Tuan Trinh et. al. v. City of Fremont, Alameda County Superior Court, Case No.

RG20075420

13. Yelena Zimon v. City of Fremont, Alameda County Superior Court, Case No. 21CV002066

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
(Government Code Section 54956.9(d)

1. Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of California Government Code Section 54956.9: (One Case).

2. Initiation of litigation, based on existing facts and circumstances, pursuant to paragraph (4) of subdivision (d) of California Government Code Section 54956.9: (One Case)

The Special Meeting of the Fremont City Council adjourned at 6:50 p.m.

A t t e s t : A p p r o v e d :

_____________________________ ___________________________ S u s a n G a u t h i e r , C i t y C l e r k L I L Y M E I , M a y o r

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MINUTES

FREMONT CITY COUNCIL MEETING
SEPTEMBER 20, 2022

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
7:00 P.M.

1. PRELIMINARY

A. Call to Order: Mayor Mei called the meeting to order at 7:01 p.m.

B. Flag Salute: Vice Mayor Keng led the salute to the flag.

C. Roll Call: Present: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Kassan, Shao, Salwan, and Cox

D. Announcements by Mayor/City Manager/City Attorney

Mayor Mei announced the Boards and Commissions vacancies.

City Attorney Alvarado reported that the Council conducted a conference in Closed Session.

The Council discussed existing litigation for the thirteen cases listed on this evening’s Closed Session Agenda. The Council took no reportable action on those items. The Council also had conference with legal counsel regarding significant exposure to litigation and took no reportable action. Lastly, the Council discussed initiation of litigation based on existing facts and circumstances pursuant to Paragraph 4 of Subdivision D of California Government Code Section Nine and directed the City Attorney to initiate litigation on one case.

2. CONSENT CALENDAR

* A. Waive Reading of Ordinances: The City Attorney read the titles of ordinances to be considered.

On a motion by Councilmember Cox, seconded by Vice Mayor Keng, the City Council waived further readings of proposed ordinances.

Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Kassan, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

* B. Approval of Minutes – None.

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* C. Mayor Mei opened consideration of Second Reading and Adoption of an Ordinance of the City of Fremont Amending Fremont Municipal Code Title 9 Public Pease, Morals and Welfare, Chapter 9.35 Street Racing and Sideshows, Sections 9.35.010 and 9.35.030, and Adding Sections 9.35.090, 9.35.100, and 9.35.110

On a motion by Councilmember Cox, seconded by Vice Mayor Keng, the City Council waived the second reading and adopted Ordinance No. 09-2022 amending the Fremont Municipal Code Title 9 Public Peace, Morals and Welfare, Chapter 9.35 Street Racing and Sideshows, Sections 9.35.010 And 9.35.030, and Adding Sections 9.35.090, 9.35.100, And 9.35.110.

Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Kassan, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

* D. Mayor Mei opened consideration to Adopt a Resolution Ratifying Indemnity Agreements Between the City and the County of Alameda and Authorizing the City Manager to Execute Indemnity Agreements on A1 Bond Funded Affordable Housing Projects

On a motion by Councilmember Cox, seconded by Vice Mayor Keng, the City Council adopted Resolution No. 2022-52 ratifying the execution of the indemnity agreement between 1) the City and the County of Alameda for Doug Ford Senior Apartments and 2) Granite Ridge Apartments; authorizing the City Manager to execute similar indemnity agreements between the City and the County of Alameda for covered affordable housing projects in the development pipeline, and making findings of CEQA exemption.

Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Kassan, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

* E. Mayor Mei opened consideration to Authorize the City Manager, or Designee, to Issue Purchase Orders for Annual Operating Payments/Renewals and Execute Implementing Documents with East Bay Regional Communications System Authority (EBRCSA) for Use of the Public Safety Radio Communications System

On a motion by Councilmember Cox, seconded by Vice Mayor Keng, the City Council authorized the City Manager, or designee, to issue a purchase order for the annual operating payment to EBRCSA, for Radio Services, in an amount not to exceed $329,040 for the one- year period effective July 1, 2022 through June 30, 2023 and execute implementing documents as necessary.

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Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Kassan, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

* F. Mayor Mei opened consideration to Accept and Appropriate Assistance to Firefighters Grant Funds for $663,623 for Paramedic Training (AFG Grant Funds)

On a motion by Councilmember Cox, seconded by Vice Mayor Keng, the City Council:

1. Accepted the Assistance to Firefighters Grant in the amount of $663,623.

2. Recognized the grant revenue and appropriate it in the Federal Operating Grants Fund (Fund 199).

3. Authorized the City Manager or designee to execute all necessary agreements or documents in connection with the grant award.

Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Kassan, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

* G. Mayor Mei opened consideration of Authorization to Execute a Task Order to the Joint Powers Agreement with Fremont Unified School District. Task Order HSD-16 for the Provision of Mental Health, Family Support Services, Parenting Support, Adolescent Substance Use Disorder Treatment Services, Youth Development and Alternative to Suspension Services; as well as collaborate with the FUSD Wellness Centers to innovate and deliver services and explore opportunities to assist homeless parents and their youth.

On a motion by Councilmember Cox, seconded by Vice Mayor Keng, the City Council approved and authorized the City Manager or her designee to enter into Task Order HSD-16 to the Joint Powers Agreement with Fremont Unified School District in an amount not to exceed $113,563 for Youth and Family Services Division to provide School-Based Mental Health Counseling; Why Try Cognitive Behavioral Group Counseling as an Alternative to Suspension program for At-Risk youth; Substance Use Disorder Treatment services for Adolescents at Robertson and Kennedy High Schools; and the Family Resource Center Division to provide Family Support Services (Case Management) for the 2022-2023 school year (August 16, 2022 through June 15, 2023).

Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Kassan, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

3. CEREMONIAL ITEMS – None.

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4. PUBLIC COMMUNICATIONS

A. Oral and Written Communications

Email submitted to the City Clerk were compiled, distributed to the City Council and staff, and published in the City's Agenda Center on fremont.gov, and were placed on file.

The following person(s) commented: Lisa Danz

5. SCHEDULED ITEMS

A. Mayor Mei opened consideration of Public Hearing (Published Notice) to Review the Annual Report on the Rent Review Ordinance and Adopt the FY 2022/23 Annual Program Fee

Email submitted to the City Clerk were compiled, distributed to the City Council and staff, and published in the City's Agenda Center on fremont.gov, and were placed on file.

No presentation. Mayor Mei opened the public hearing. There being no speakers, Mayor Mei closed the public hearing. This was followed by questions and comments from Councilmembers.

On a motion by Councilmember Jones, seconded by Vice Mayor Keng, the City Council:

1. Received the Rent Review Ordinance Annual Report;

2. Held a public hearing;

3. Authorized a fee of $13.00 per residential rental unit in FY 2022/23 to recover the costs of the Rent Review Program; and

4. Adopted Resolution No. 2022-53 to amend the Master Fee Schedule to modify the Rent Review Program Fee.

Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Kassan, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

6. REPORT FROM CITY ATTORNEY – None.

7. OTHER BUSINESS

A. Mayor Mei opened consideration to Introduce Ordinance Amending and Adding Sections to Chapter 6.10 Animal Ownership, Chapter 6.20 Licensing and Vaccinations, Chapter

6.30 Impoundment, Chapter 6.40 Animal Fancier’s Permit and Chapter 6.50 Prohibited Activities. (Amendments to Animals Ordinance)

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Email submitted to the City Clerk were compiled, distributed to the City Council and staff, and published in the City's Agenda Center on fremont.gov, and were placed on file.

Animal Services Manager Kelly Miott provided a presentation and responded to questions from Councilmembers. Mei opened the public comment period. The following persons commented: Nickie Irvine, John Hinds, Richard, CL, Steve Skala, Diane Shaw (representing the Ohlone Humane Society), and Caller *489/Attorney Elham Marder. There being no additional speakers, Mayor Mei closed the public comment period. This was followed by another question and answer period between Councilmembers and City Staff.

A motion was made by Councilmember Kassan, seconded by Vice Mayor Keng, to not introduce an ordinance and have staff seek additional feedback from the public. No vote was taken, as a substitute motion was made. The substitute motion by Councilmember Shao, seconded by Councilmember Cox, for the City Council to accept staff recommendation to waive the first reading and introduce the proposed ordinance amending Fremont Municipal Code Sections 6.10.030, 6.10.040, 6.10.070, 6.20.010, 6.30.040, 6.30.060, 6.40.030, 6.40.040, and

6.50.040, and adding Sections 6.10.130, 6.40.025, and 6.40.035. This motion was voted on and approved by the following vote:

Ayes: Mayor Mei, Vice Mayor Keng, Councilmembers: Jones, Shao, Salwan, and Cox
Noes: Councilmember Kassan

Absent: None
Abstain: None

8. COUNCIL COMMUNICATIONS

A. Council Referrals – None.

B. Oral Reports on Meetings

Councilmembers reported on their various meetings.

9. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 8:15 p.m.

Attest: Approved:

_____________________________ ___________________________ Susan Gauthier, City Clerk LILY MEI, Mayor

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3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Code Adoptions & Amendments

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4724) DOC ID: 4724
Updated: 9/29/2022 10:36 AM by Alberto Quintanilla Page 1

SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY OF FREMONT AMENDING FREMONT MUNICIPAL CODE SECTIONS 6.10.030,

6.10.040, 6.10.070, 6.20.010, 6.30.040, 6.30.060, 6.40.030, 6.40.040, AND 6.50.040 AND ADDING SECTIONS 6.10.130, 6.40.025, AND 6.40.035 (ANIMALS

ORDINANCE)
Contact Persons:

Name: Susan Gauthier Kelly Miott
Title: City Clerk Animal Services Manager
Div/Dept: City Clerk's Office Animal Services
Phone: 510-284-4076 (510) 790-6646
E-Mail: [email protected] [email protected]

Executive Summary: In 2018, the City of Fremont substantially amended Title 6 (“Animals”) of the Municipal Code. In July 2021, the City Council requested that staff review ordinances of other cities that promote urban agriculture and the keeping of livestock in residentially zoned areas and to come back to council with a proposed amendment to Fremont’s Animal Ordinance allowing the keeping of two goats and any other amendments deemed consistent with the goal to encourage urban agriculture. The proposed amendments to Title 6 in the attached ordinance provide those changes for keeping of animals for urban farming, including permitting goats in residential areas. In addition, the proposed amendments reduce the required length of stay for impounded animals, which will allow animals to be adopted, transferred or fostered out sooner. Finally, amendments are proposed to align with recent state law changes for canine anti-rabies vaccination and microchipping.

The ordinance was introduced by the City Council at its September 20, 2022 meeting. The ordinance is now before the Council for adoption.

ATTACHMENTS:
• Draft Ordinance Amending Title 6 Animals

RECOMMENDATION: Waive the second reading and adopt an ordinance amending Fremont Municipal Code Sections 6.10.030, 6.10.040, 6.10.070, 6.20.010, 6.30.040,

6.30.060, 6.40.030, 6.40.040, and 6.50.040, and adding Sections 6.10.130, 6.40.025, and 6.40.035.

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Ordinance No. XX- 2022 Page 1 of 7

DRAFT

ORDINANCE NO. XX-2022

AN ORDINANCE OF THE CITY OF FREMONT

AMENDING FREMONT MUNI CIPAL CODE SECTIONS

6.10.030, 6.10.040, 6.10.070, 6. 20.010, 6.30.040, 6.30.060,

6.40.030, 6.40.040, AND 6.50.040 AND ADDING SECTIONS

6.10.130, 6.40.025, AND 6.40.035

THE CITY COUNCIL OF THE CITY OF FREMONT DOES ORDAIN AS FOLLOWS:

SECTION 1. FMC TITLE 6, ANIMALS, CHAPTER 6.10, SECTION 6.10.030 Fremont Municipal Code Title 6, Chapter 6.10, Section 6.10.030 is amended to read as follows:

Section 6.10.030 Livestock.

On real property zoned residential, a pet owner may not keep any livestock or roosters or livestock, except goats (caprine type) with an animal fancier permit pursuant to (Chapter 6.40.).

SECTION 2. FMC TITLE 6, ANIMALS, CHAPTER 6.10, SECTION 6.10.040 Fremont Municipal Code Title 6, Chapter 6.10, Section 6.10.040 is amended to read as follows:

Section 6.10.040 Chickens, rabbits, pigeons, doves.

On real property zoned residential with an area of more than 6000 square feet, a pet owner may keep up to a maximum combined total of up to six (6) combined female chickens, rabbits, pigeons, and doves, unless a permit is issued under Chapter 6.40. A maximum of two (2) species of those animals allowed under this section may be kept on one lot. On real property zoned residential with an area of fewer than 6000 square feet, a pet owner may not keep chickens, rabbits, pigeons or doves and may only keep a maximum of two (2) rabbits, pigeons or doves.

SECTION 3. FMC TITLE 6, ANIMALS, CHAPTER 6.10, SECTION 6.10.070 Fremont Municipal Code Title 6, Chapter 6.10, Section 6.10.070 is amended to read as follows:

Section 6.10.070 Shelter and shel ter maintenance requirements. (a) Any animal maintained outdoors must have adequate shade or shelter such that the animal can protect itself from the rays of the sun when the ambient temperature is likely to cause overheating or discomfort, and the animal can remain dry during rain.

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Attachment: Draft Ordinance Amending Title 6 Animals (4724 : Second Reading and Adoption of an Ordinance- Animals Ordinance No. XX- 2022 Page 2 of 7

(b) The shelter for any animal must be:
(1) Accessible to the animal at all times;
(2) Constructed with at least five sides, including a roof and floor; (3) Of adequate size inside a nd outside the shelter to allow the animal to stand up, sit, turn around freely or lie down in a normal position;
(4) The animal shall be able to defecate and urinate away from the shelter; Adequately lighted to provide regular diurnal lighting cycles of natural or artificial light uniformly diffused throughout the shelter, and sufficient illumination for routine inspections and maintenance of the animal.;
(5) Situated to prevent expos ing the animal to (1) unreasonably loud noise or (2) teasing, abuse, or injury by another animal or person; and

(56) Supplied with clean and dry bedding material or other means of protection from the weather elements.
(c) The animal shall be able to def ecate and urinate away from the shelter;. (d) Wherever animals are permitted to be kept or maintained in the City, no person, so keeping or maintaining such animals, shall fail at any time to keep the coops, pens or yards wherein such animals are enclosed in a clean and sanitary condition nor shall fail to remove the manure or other debris from such enclosures daily.

(e) All feed for any animal shall be stored in containers which offer protection against rodents and insects.

(f) No enclosure or shelter sh all be located in the front yard of the property where the animals are kept.

SECTION 4. FMC TITLE 6, ANIMALS, CHAPTER 6.10, SECTION 6.10.130 Fremont Municipal Code Title 6, Chapter 6.10, Section 6.10.130 is added to read as follows:

Section 6.10.130 Chickens—Enclosure and shelter.
(a) The enclosure where chickens are kept must be a minimum size of ten (10) square feet of permeable land per chicken.

(b) The enclosure where chickens are kept must be located at least a minimum distance away from any other person's residence, as follows:

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Attachment: Draft Ordinance Amending Title 6 Animals (4724 : Second Reading and Adoption of an Ordinance- Animals Ordinance No. XX- 2022 Page 3 of 7

Number of
Chickens
Minimum Distance From Any
Property Line
Lot Square Footage
0 n/ a 6,000 or less
1-6 10 feet 6,001 - 9,999
7-10 35 feet 10,000 - 21,779
11-15 50 feet 21,780 or more

SECTION 5. FMC TITLE 6, ANIMALS, CHAPTER 6.20, SECTION 6.20.010 Fremont Municipal Code Title 6, Chapter 6.20, Section 6.20.010 is amended to read as follows:

Section 6.20.010 Vaccination of dogs and cats.
(a) Every person who owns, maintains or boards a dog, three months of age or older, or cat, four months of age or older, must cause that dog or cat to be vaccinated and revaccinated with a state approved antirabies vaccine within the time periods prescribed by state law or regulation.

(b) {Text unchanged}

(c) {Text unchanged}

SECTION 6. FMC TITLE 6, ANIMALS, CHAPTER 6.30, SECTION 6.30.040 Fremont Municipal Code Title 6, Chapter 6.30, Section 6.30.040 is amended to read as follows:

Section 6.30.040 Redemption of impounded animals.

The animal services manager may recover the cost to impound, board, microchip or alter the animal from either the owner or person with a right to control the animal, in an amount adopted by resolution by the city council. The animal services manager has discretion to waive these costs in cases of financial hardship if the fees would impose an economic hardship for the owner.

SECTION 7. FMC TITLE 6, ANIMALS, CHAPTER 6.30, SECTION 6.30.060 Fremont Municipal Code Title 6, Chapter 6.10, Section 6.30.060 is amended to read as follows:

Section 6.30.060 Disposition of impounded animals.
(a) The city may decide disposition of an impounded animal that is not retrieved by its owner within three (3) four (4) business days, not including the day of impoundment. (b) {Text unchanged}
SECTION 8. FMC TITLE 6, ANIMALS, CHAPTER 6.40, SECTION 6.40.025 Fremont Municipal Code Title 6, Chapter 6.40, Section 6.40.025 is added to read as follows:

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Attachment: Draft Ordinance Amending Title 6 Animals (4724 : Second Reading and Adoption of an Ordinance- Animals Ordinance No. XX- 2022 Page 4 of 7

Section 6.40.025 Chickens
On real property zoned residential, a pet owner shall obtain a permit pursuant to this chapter to have more than six (6) chickens. The number of such chickens allowed shall be based on lot size as follows:

(1) Lots with an area of 10,000 square feet or more, not more than 10 chickens. (2) Lots with an area of one-half acre or more, not more than 15 chickens.

SECTION 9. FMC TITLE 6, ANIMALS, CHAPTER 6.40, SECTION 6.40.030 Fremont Municipal Code Title 6, Chapter 6.40, Section 6.40.030 is amended to read as follows:

Section 6.40.030 Chickens, Ppigeons, doves, and rabbits limitation. (a) On real property zoned residential, a pe t owner shall obtain a permit pursuant to this chapter to have more than six (6) total chickens, pigeons, doves, or rabbits. (b) The number of such animals allowed shall be based on lot size as follows:
(1) Lots with an area of 10,000 square feet or more, not more than ten (10) of one species of animal.
(2) Lots with an area of one-half acre or more, not more than fifteen (15) of one species of such animal.
(c) A maximum of two (2) species of those animals allowed under this section may be kept on one lot.

SECTION 10. FMC TITLE 6, ANIMALS, CHAPTER 6.40, SECTION 6.40.035 Fremont Municipal Code Title 6, Chapter 6.40, Section 6.40.035 is added to read as follows:

Section 6.40.035 Goats.
(a) Exactly two (2) live goats may be kept only on a residential property with a lot size of 10,000 square feet or more within the City.
(b) All goats shall be microchipped.
(c) Food produced by live goats shall be for personal consumption only by members of permittee's household, and shall not be sold, donated or otherwise distributed to any other person.
(d) Male goats shall be neutered.
(e) No person shall keep or maintain any goat in the City within ten feet (10') of any property line.

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Attachment: Draft Ordinance Amending Title 6 Animals (4724 : Second Reading and Adoption of an Ordinance- Animals Ordinance No. XX- 2022 Page 5 of 7

(f) The enclosure must be a minimum size of two hundred fifty (250) square feet of permeable land for the keeping of two (2) miniature goats (commonly known as pygmy and dwarf goats), or five hundred (500) square feet of permeable land for the keeping of any other combination of miniature and non-miniature goats.

SECTION 11. FMC TITLE 6, ANIMALS, CHAPTER 6.40, SECTION 6.40.040 Fremont Municipal Code Title 6, Chapter 6.40, Section 6.40.040 is amended to read as follows:

Section 6.40.040 Beekeeping.
(a) It is unlawful to maintain any hive of b ees on any lot or parcel within the city without first obtaining a permit in accordance with this chapter. (b) No more than four (4) beeh ives may be established or maintained on any residential property within the City.The number of such animals allowed shall be based on lot size as follows:

(1) Lots with an area of one-half acre or more, not more than five (5) beehives. (2) Lots with an area of 10,000 square feet or more not more than three (3) beehives. (3) Lots with an area of 8,000 square feet or more not more than two (2) beehives (4) Lots with an area of 6,000 square f eet or more not more than one (1) (5) Lots with an area of less than 6,000 squa re feet shall not be allowed to have any beehives.
(c) No beehive may be kept or maintained within any required front or side yard setbacks. (d) All beehives must be maintained at least five (5) feet from the fence line. (e) All bee colonies must be maintained properly to prevent bees from swarming. (f) All beehives must be provided a source of fresh clean water on the same lot or parcel as the hive.
(g) Any person intending to establish or maintain any beehive on any residential property within the City must first register with the Coun ty of Alameda and provide a copy of such registration to the Animal Services Manager. (h) Beehive entrances shall face away from the nearest property line(s). (i) Beehives must either be screened so that the bees must fly over a six-foot barrier, which may be vegetative, before leaving the proper ty, or be placed at least eight feet (8') above the adjacent ground level.

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Attachment: Draft Ordinance Amending Title 6 Animals (4724 : Second Reading and Adoption of an Ordinance- Animals Ordinance No. XX- 2022 Page 6 of 7

(k) Beehives are not permitted on multi-family balconies or patios .

(l) A beehive shall be located a minimum of 25 feet from any dwelling on an adjacent property.

SECTION 12. FMC TITLE 6, ANIMALS, CHAPTER 6.50, SECTION 6.50.040 Fremont Municipal Code Title 6, Chapter 6.50, Section 6.50.040 is amended to read as follows:
(a) {Text unchanged}
(b) The dog owner or person with a right to control a dog must keep the dog under direct physical restraint by means of a leash not to exceed six feet in length when the dog is on any public street, public sidewalk, other public place, event on public property, or at any private place or property or common area of any planned development cluster, townhouse, or on any condominium project without the consent of the owner or person in control thereof. An exception for a leash of up to 20 feet in length may be used when in a public park or public open space if the owner or person with a right to control the dog can exercise direct physical restraint of the dog such that the dog would be unable to make physical contact with another person or with an animal without the consent of that person or the consent of the owner or person with the right to control the other animal. This exception does not apply to a dog on a public trail. A dog on a public trail must be maintained on a leash not to exceed six feet; and both the owner and his or her dog must keep to the right of the trail centerline to the extent the centerline is marked. (c) {Text unchanged}
SECTION 13. CEQA
The amendments to the Animal Ordinance, an administrative government activity, is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that the there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The amendments to the Animal Ordinance will clearly not have a significant effect on the environment and, thus, CEQA does not apply.

SECTION 14. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Fremont hereby declares that it would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.

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Attachment: Draft Ordinance Amending Title 6 Animals (4724 : Second Reading and Adoption of an Ordinance- Animals Ordinance No. XX- 2022 Page 7 of 7

SECTION 15. EFFECTIVE DATE
This Ordinance shall take effect and will be enforced thirty (30) days after its adoption.

SECTION 16. PUBLICATION AND POSTING
The City Clerk has prepared and published at least five days before the date of adoption, a summary of this ordinance once in a newspaper of general circulation printed and published in Alameda County and circulated in the City of Fremont. A certified copy of the full text of the ordinance was posted in the office of the City Clerk since at least five days before this date of adoption. Within fifteen (15) days after adoption of this ordinance, the City Clerk shall cause the summary to be published again with the names of those City Council members voting for and against the ordinance; and the City Clerk shall post in the office of the City Clerk a certified copy of the full text of this adopted ordinance with the names of those City Council members voting for and against the ordinance.
* * *
The foregoing ordinance was introduced before the City Council of the City of Fremont at the regular meeting of the City Council, held on the of , 2022 and finally adopted at a regular meeting of the City Council held on the ____ day of _______, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________
Mayor
ATTEST:
__________________________________
Cit
y Clerk
APPROVED AS TO FORM:
_________________________________
City Attorney

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Attachment: Draft Ordinance Amending Title 6 Animals (4724 : Second Reading and Adoption of an Ordinance- Animals Fremont City Council Meeting: 10/04/22 07:00 PM
3300 Capitol Avenue Div/Dept: City Attorney's Office
Fremont, CA 94538 Category: Plans, Policies and Studies

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4688) DOC ID: 4688
Updated: 9/27/2022 11:00 AM by Rocio Fierro Page 1
AB 361 - Consider Making Findings to Allow the City Council and the Legislative Bodies of the City of Fremont to Continue Holding Meetings via Videoconference pursuant to AB 361
Contact Persons:

Name: Rafael Alvarado Christina Briggs
Title: City Attorney Assistant City Manager
Div/Dept: City Attorney's Office City Manager's Office
Phone: 510-284-4030 510-284-4022
E-Mail: [email protected] [email protected]

Executive Summary: In order for the City Council and the City’s legislative bodies to continue holding meetings by teleconferencing pursuant to Government Code Section 54953(e) (AB 361), the City Council needs to reconsider the circumstances of the state of emergency created by the COVID-19 pandemic every 30 days and find that the state of emergency continues to directly impact the ability of the members to meet safely in person.

BACKGROUND: On September 16, 2021, Governor Newsom signed AB 361 amending the Brown Act to allow local agencies to meet remotely during declared emergencies under certain conditions. AB 361 builds upon Executive Order N-29-20, issued by the Governor on March 17, 2020, which relaxed the teleconferencing requirements of the Brown Act to facilitate virtual meetings during the COVID-19 declared emergency.

AB 361 authorizes local agencies to continue meeting remotely without following the Brown Act’s standard teleconferencing provisions, including the requirement that meetings be conducted in physical locations, if the meeting is held during a state of emergency proclaimed by the Governor and either of the following applies: (1) state or local officials have imposed or recommended measures to promote social distancing; or (2) the agency has already determined or is determining whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

To continue meeting remotely pursuant to AB 361, an agency must make periodic findings that: (1) the body has reconsidered the circumstances of the declared emergency; and (2) the emergency impacts the ability of the body’s members to meet safely in person, or state or local officials continue to impose or recommend measures to promote social distancing. These findings should be made not later than 30 days after teleconferencing for the first time pursuant to AB 361, and every 30 days thereafter.

DISCUSSION/ANALYSIS: The City Council and the City’s other legislative bodies have met using teleconferencing throughout the COVID-19 pandemic to protect the health and safety of the public and staff. The factual circumstances exist for the City to continue to hold meetings pursuant to AB 361. Specifically, the Governor’s declared State of Emergency in response to the COVID-19 pandemic (the “Emergency”) is still in place. In addition, the City of Fremont COVID-19 Employee Resource Guide requires physical distancing for City employees, customers and visitors, to the extent possible. And finally, the Centers for Disease Control and Prevention continue to advise that COVID-19 spreads more easily

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Staff Report (ID # 4688) Meeting of October 4, 2022
Updated: 9/27/2022 11:00 AM by Rocio Fierro Page 2
indoors than outdoors and that people are more likely to be exposed to COVID-19 when they are closer than 6 feet apart from others for longer periods of time. Therefore, due to the ongoing COVID 19 pandemic, the need to promote social distancing to reduce the likelihood of exposure to COVID-19, and the imminent risks to the health or safety of meeting attendees, the Emergency impacts the ability of the City Council and the legislative bodies of the City to meet safely in person.

FISCAL IMPACT: None.

ENVIRONMENTAL REVIEW: N/A

ATTACHMENTS: None.

RECOMMENDATION: Staff recommends that the City Council make the following findings in order to continue holding videoconference meetings for the City Council and the City’s legislative bodies:

1. The City Council has reconsidered the circumstances of the COVID-19 state of emergency;

2. The state of emergency continues to directly impact the ability of the members to meet safely in person; and

3. Staff is directed to schedule reconsideration of these findings at the regularly scheduled City Council meeting on November 1, 2022.

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Fremont City Council Meeting: 10/04/22 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4698) DOC ID: 4698
Updated: 9/29/2022 10:09 AM by Alberto Quintanilla Page 1 TRACT 8292 - Approval of Final Map, Agreements for Construction of Public and Private Street Improvements, and Dedication of Land and Public Easements for Tract 8292, Located at 40857 Lincoln Street (Lincoln Townhomes) Contact Persons:

Name: Kenneth Nagar Hans Larsen
Title: Associate Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4732 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to approve Final Tract Map 8292 and improvement agreements for public and private infrastructure associated with a five -unit townhome development, commonly known as Lincoln Townhomes, and located in City Council District 6.

BACKGROUND: On February 14, 2019, the City Planning Commission approved Vesting Tentative Tract Map 8292 for the 0.43-acre property at 40857 Lincoln Street in the Irvington Community Plan Area. The developer is Gettysburg Common LLC, a California Limited Liability Company. The Final Map creates 7 parcels to allow for a total of 5 townhome lots.

DISCUSSION/ANALYSIS: The Final Map is in conformance with the Vesting Tentative Map and the developer has complied with all Tentative Map Conditions of Approval. The Final Map and Improvement Plans have been reviewed and are now ready for City Council approval.

The developer has signed the Public Improvement Agreement and has posted performance and labor and material bonds each in the amount of $129,000 to guarantee construction of the public improvements (Lincoln Street). Public improvements include curb, gutter, sidewalk, driveway, pavement, landscaping, and other miscellaneous items of work as identified on the approved improvement plans.

The developer has signed the Private Improvement Agreement and has posted performance and labor and material bonds each in the amount of $531,000 to guarantee construction of the private and common area improvements (Gettysburg Common). Private improvements include the construction of private streets, installation of stormwater facilities, vehicular parking to serve the residents, and other miscellaneous items of work as identified on the approved improvement plans.

FISCAL IMPACT: None.

ENVIRONMENTAL REVIEW: On February 14, 2019, the City Planning Commission adopted a Mitigated Negative Declaration for the project and found that there was no substantial evidence that the project would have a significant effect on the environment.

The Final Map and Improvement Plans are consistent with the original project descriptio n,

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Staff Report (ID # 4698) Meeting of October 4, 2022
Updated: 9/29/2022 10:09 AM by Alberto Quintanilla Page 2 scope of work, and identified mitigations of the adopted Mitigated Negative Declaration. No further environmental review is required.

ATTACHMENTS:
• Site Plan (1 sheet)
• Draft Resolution Approval of Final Map & Improvement Plans-Tract 8292

RECOMMENDATION: Adopt a resolution to:

1. Approve the Final Map and the Improvement Plans for Tract 8292.

2. Approve the Agreement for Public Improvements entitled “Public Improvement Agreement, Tract 8292”, with the developer, Gettysburg Common LLC, a California Limited Liability Company, and authorize the City Manager to execute the agreement on behalf of the City.

3. Approve the Agreement for Private Improvements entitled “Private Improvement Agreement, Tract 8292”, with the developer, Gettysburg Common LLC, a California Limited Liability Company, and authorize the City Manager to execute the agreement on behalf of the City.

4. Accept the developer’s offer of dedication of real property interests, as identified on the Final Map, provided that the acceptance of any property on which the developer is required to construct public improvements shall be conditioned upon the developer’s completion of the improvements to the satisfaction of the City Engineer.

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Attachment: Site Plan (1 sheet) (4698 : Tract 8292 - Approval of Final Map) Resolution 2022-XX Page 1 of 3 DRAFT

RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

APPROVING THE FINAL MAP AND IMPROVEMENT PLANS FOR
TRACT NO. 8292, ACCEPTING THE OFFER S OF DEDICATION

IDENTIFIED ON THE FINAL MAP, AND AUTHORIZING EXECUTION OF

PUBLIC AND PRIVATE IMPROVEMENT AGREEMENTS FOR TRACT
8292

WHEREAS, a final subdivision map of Tract No. 8292 ("Final Map") in the City of Fremont, County of Alameda, State of California, has been presented to the City Council of the City of Fremont for approval, and the Final Map is on file with the City Engineer and is available for review upon request; and

WHEREAS, the Developer of the project described by the Final Map is Gettysburg Common LLC, a California Limited Liability Company; and

WHEREAS, the Final Map is geographically located within the boundaries of the Tentative Map entitled “Vesting Tentative Map for Tract 8292 – Lincoln Townhomes, City of Fremont, Alameda County, California,” and the Tentative Map is on file with the City Engineer, and is available for review upon request; and

WHEREAS, the City's approval of the Tentative Map was conditioned upon the satisfaction of certain conditions of approval ("Conditions"), a copy of which are on file with the City Engineer and are available for review upon request; and

WHEREAS, the Final Map includes offers for the dedication of interests in real property to the City, including but not limited to Lincoln Street, and easements as shown on Tract Map 8292; and

WHEREAS, as required by the Conditions, the Developer submitted improvement plans and specifications ("Improvement Plans") to the City entitled, “Improvement Plans – Tract 8292, Lincoln Townhomes, City of Fremont, Alameda County, California,” containing 40 sheets, which describe the construction of the public improvements on (Lincoln Street) and private improvements required by the Conditions, including but not limited to complete construction of Gettysburg Common; and

WHEREAS, the Developer has submitted to the City a signed agreement entitled “Public Improvement Agreement, Tract 8292” ("Public Improvement Agreement"), by which the Developer has agreed to construct all public improvements required by the Conditions, including but not limited to those described by the Improvement Plans; and

WHEREAS, concurrently with the submittal of the Public Improvement Agreement, the Developer has posted improvement security to guarantee completion of the public improvements and payment of laborers and suppliers in accordance with the Public Improvement Agreement,

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Attachment: Draft Resolution Approval of Final Map & Improvement Plans-Tract 8292 (4698 : Tract 8292 - Approval of Final Map) Resolution 2022-XX Page 2 of 3 including a faithful performance bond in the amount of $129,000.00 and a labor and material bond in the amount of $129,000.00; and

WHEREAS, the Developer has submitted to the City a signed agreement entitled “Private Improvement Agreement, Tract 8292” ("Private Street Improvement Agreement"), by which the Developer has agreed to construct all private improvements required by the Conditions, including but not limited to those described by the Improvement Plans; and

WHEREAS, concurrently with the submittal of the Private Street Improvement Agreement, the Developer has posted improvement security to guarantee completion of the private improvements and payment of laborers and suppliers in accordance with the Private Improvement Agreement, including a faithful performance bond in the amount of $531,000.00 and a labor and material bond in the amount of $531,000.00; and

WHEREAS, the Developer has paid all fees required by the Conditions for processing of the Final Map; and

WHEREAS, upon the City's review of the Final Map, the Improvement Plans, and the Agreements, the Final Map has been found to conform to the requirements of the Subdivision Map Act (California Government Code Sections 66410, et seq.), and the City's Subdivision Ordinance (Fremont Municipal Code, Title 17), and the Conditions.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT HEREBY RESOLVES AS FOLLOWS:

1. The City Council approves the Final Map of Tract 8292, and the City Clerk is authorized and directed to certify this fact on the face of the Final Map.

2. The Improvement Plans are hereby approved.

3. All offers for the dedication of interests in real property to the City identified on the Final Map (whether by fee, easement, right-of-way, or otherwise) are accepted by the City; provided, however, to the extent offers of dedication are for interests in real property on which the Developer is required to construct public improvements, the City's acceptance shall be conditioned upon the City Engineer's acceptance of the public improvements as complete.

4. The City Manager is authorized to sign the agreements entitled “Public Improvement Agreement, Tract 8292” and “Private Improvement Agreement, Tract 8292”.

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Attachment: Draft Resolution Approval of Final Map & Improvement Plans-Tract 8292 (4698 : Tract 8292 - Approval of Final Map) Resolution 2022-XX Page 3 of 3 ADOPTED ____________, 2022 by the City Council of the City of Fremont by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayor

ATTEST: APPROVED AS TO FORM:

City Clerk City Attorney

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Attachment: Draft Resolution Approval of Final Map & Improvement Plans-Tract 8292 (4698 : Tract 8292 - Approval of Final Map) Fremont City Council Meeting: 10/04/22 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4703) DOC ID: 4703
Updated: 9/29/2022 10:12 AM by Alberto Quintanilla Page 1

DUSTERBERRY WAY RAILROAD CROSSING SAFETY IMPROVEMENT PROJECT - Approval of Plans and Specifications, Award of Construction Contract to GradeTech, Inc. in the Amount of $464,153.86 (Including 15% Contingency) to Implement the Dusterberry Way Railroad Crossing Safety Improvement Project (PWC 8964); and Make Findings of CEQA Exemption (PWC 8964) Contact Persons:

Name: Jeanne Suyeishi Hans Larsen
Title: Senior Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4728 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to initiate construction of a project to enhance the safety of the railroad crossing at Dusterberry Way in the Centerville area of Fremont. The project has funding from a federal grant.

BACKGROUND: The California Department of Transportation (Caltrans) administers federal funding grants through the Railroad/Highway At-Grade Crossing Program (Section 130).

The purpose of the program is to reduce the number and severity of train collisions by eliminating hazards to vehicles and pedestrians at existing railroad crossings. The City of Fremont has been approved to receive a Section 130 funding grant for improvements to the railroad crossing at Dusterberry Way.

At the October 17, 2017 City Council meeting, City Council authorized City Manager to execute all related documents for the Section 130 Fund Agreement with Caltrans.

Subsequently, the design of the project was completed in coordination with Union Pacific Railroad (UPRR).

At the March 15, 2022 City Council meeting, City Council authorized City Manager to execute a Public Crossing Improvement Agreement with UPRR which establishes terms for the City and City’s contractor to construct safety improvements for the project within UPRR’s right of way.

It is noted that the railroad crossing safety improvements at Dusterberry Way are now part of a larger plan to improve safety at other railroad crossings in the Centerville area and to establish a “quiet zone” corridor. This quiet zone corridor includes the railroad crossings at Blacow Road, Dusterberry Way, Maple Avenue, Fremont Boulevard, and Shinn Street.

DISCUSSION/ANALYSIS: The Dusterberry Way Railroad Crossing Safety Improvement project consists of reconstructing sidewalk, curb & gutter in all quadrants around the at- grade crossing, installing detectable warning surfaces on all sidewalk approaches, installing a ten-foot wide raised median north and south of the at-grade crossing, removing a portion of the asphalt pathway in the southwest quadrant to deter access along the UPRR track right of way, and constructing a street barricade at the end of Baine Avenue to prevent

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The construction contract for the project was advertised for bids and bids were opened on August 23, 2022. The bidders with their respective bid amounts are shown below. The Engineer’s Estimate is $410,000.

Bid Results:

Bidder Bid Amount

1. JJ Construction and Design, Inc. $ 398,000.00

2. GradeTech, Inc. $ 403,612.05

3. Sposeto Engineering, Inc. $ 437,734.00

4. OBS Engineering, Inc. $ 547,829.20

5. FBD Vanguard Construction, Inc. $ 597,746.80

6. Redgwick Construction Company $ 615,436.00

7. JJR Construction, Inc. $ 661,101.37*

*Mathematically corrected bid

Staff reviewed the bid documents for all bids and considered their base bids and responsiveness. After review of the bids received, staff recommends that Council award the contract to GradeTech, Inc. as the lowest responsible bidder (Pub. Contract Code Section 20162), and reject JJ Construction and Design, Inc.’s bid as nonresponsive. The nonresponsive bid did not conform to the following local and state bid requirements and City instructions:
• Addenda: Bidder did not acknowledge receipt of addendum #2, which contained material change that would affect the bid. All addenda must be acknowledged on the bid proposal as required by state and federal law and in accordance with City instructions. (Instructions to Bidders, Section 4, page 7). • Authorization and Execution: Bidder is a Corporation and did not authorize and execute their bid as required by the California Corporation Code Section 313. (Instructions to Bidders, Section 9, pg. 8).
• Bid Security: Bidder did not sign their bid bond in accordance with City instructions and as such the bidder’s bid bond is not valid. (Bid Proposal, Section 5, pg. 12).

Based on these results, the lowest responsible and responsive bidder for this project is GradeTech, Inc. GradeTech, Inc. submitted a responsive bid, and all documents are in order. The contractor is a responsible bidder experienced in this type of work and has satisfactorily completed contracts of this nature with the City and other nearby local agencies.

Project Costs and Funding:

Estimated Project Costs
Preliminary Engineering, Design and Project Management $ 290,000 Pothole Consultant Services (Exaro) 5,700
Construction Cost (Lowest Responsible Bid) 403,612

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Staff Report (ID # 4703) Meeting of October 4, 2022
Updated: 9/29/2022 10:12 AM by Alberto Quintanilla Page 3 Construction Inspection, Surveying and Administration 80,000 Project Contingency (15%) 60,542
Total Estimated Project Costs $ 839,854

Source of Funding:

Currently Budgeted
PWC8964, Fund 136 – Gas Tax $ 162,000
PWC8964, Fund 502 – Outside Sources 80,000
PWC8964, Fund 522 – Federal Funds 598,988
Total Funding Available $ 840,988

FISCAL IMPACT: Based on the contract amount and project cost estimates, there are sufficient funds budgeted for this project.

ENVIRONMENTAL REVIEW: This project is categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 as the repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of use beyond that presently exists.

Caltrans was the responsible agency for conducting and documenting the necessary National Environmental Policy Act (NEPA) reviews to ascertain any adverse environmental impacts as part of the Section 130 Railroad/Highway At-Grade Crossing Program.

ATTACHMENTS: None.

RECOMMENDATION: Approval of the following actions related to the Dusterberry Way Railroad Crossing Safety Improvement Project (PWC 8964):

1. Find that this project is exempt from California Envi ronmental Quality Act (CEQA) review pursuant to CEQA Guidelines Section 15301 as the repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of use beyond that presently existing.

2. Approve the plans and specifications for the project.

3. Accept the bid and award the construction contract to the lowest responsive and responsible bidder, GradeTech, Inc. in the amount of $403,612.05 and allocate a 15% construction contingency in the amount of $60,541.81 for a total const ruction contract amount of $464,153.86 and authorize the City Manager or designee to execute the contract.

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Fremont City Council Meeting: 10/04/22 07:00 PM
3300 Capitol Avenue Div/Dept: Landscape Architecture
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4710) DOC ID: 4710 B
Updated: 9/29/2022 10:14 AM by Alberto Quintanilla B Page 1

CENTERVILLE COMMUNITY PARK PRE-FABRICATED RESTROOM PROJECT (PWC8392 B) - Authorize the purchase of a Pre-Fabricated Restroom for Centerville Community Park and award a contract to the Public Restroom Company, Inc. (PRC) under SourceWell cooperative contract #081721, to design, fabricate, deliver and install the restroom for a contract amount not to exceed $503,180 (including a 10% contingency); and issue findings of CEQA compliance Contact Persons:

Name: Mark Mennucci Suzanne Wolf
Title: Senior Landscape Architect Community Services Director Div/Dept: Landscape Architecture Community Services
Phone: 510-494-4530 510-494-4329
E-Mail: [email protected] [email protected]

Executive Summary: Staff recommends the City Council accept the proposal from the Public Restroom Company (PRC) and authorize the City Manager or designee, to execute an agreement with the Public Restroom Company, Inc (PRC), through SourceWell Cooperative Contract #081721, to design, fabricate, deliver and install a restroom at Centerville Community Park for a base amount of $457,436, plus a 10% contingency of $45,744, for a total contract amount of $503,180; and find that the project is exempt from environmental review pursuant to CEQA Guidelines Section 15302 and the Council’s prior approval of a mitigated negative declaration which covered the entire Centerville Community Park Project.

BACKGROUND: Centerville Community Park, located at 3375 Country Drive, currently exists as a developed ten-acre parcel with an additional 9.86 acres, identified as 3350 Eggers Drive, which is planned to be developed in the future. In 2002, City Council had approved a total of $5,100,000 to develop the remaining ten acres of fallow land as an expansion of the existing park. From 2002-2007, staff worked on the Master Plan and Construction Drawings for public bid. In 2007, the park expansion was put on hold due to maintenance cutbacks. Later in 2007, it was determined that additional maintenance funds would be allocated to maintain the site; therefore, project design resumed. An additional $2,700,000 was allocated to the project in 2007-2008 through the CIP process, to address increases in construction cost.

The Centerville Community Park project was then divided into two phases, the first phase being Centerville Community Park Demolition project (8392A) and the second phase being the park development portion (8392B). The demolition project was awarded in 2008 which included the removal of all existing structures and debris on the undeveloped 9.86 acr es of land, including seven (7) structures and their foundations, and associated earthwork, fence removal, tree removal, asphalt and concrete removal, and other miscellaneous debris.

After completion of the demolition, the development phase of work (8392B) was again put on hold.

In January 2019, a restroom/meeting room at the left field corner of the Sigmund ballfield in Centerville Community Park was struck by a car and one restroom had to be permanently closed due to structural damage. As a result, a new restroom facility is needed to replace

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The new restroom facility will be located approximately 300 feet away from the damaged structure, behind the backstop of the existing Sigmund Ballfield, on the currently undeveloped parcel.

DISCUSSION/ANALYSIS: The installation of this restroom will serve users of the existing developed park, and the undeveloped, future parkland. This prefabricated bathroom will be located adjacent to the existing Sigmund Ballfield, behind the backstop. This building will have a traditional men’s and women’s restroom with 3 stalls each: one (1) all gender restroom, a storage room, and a maintenance chase. The roof line and exterior aesthetics will be like the restroom installed at Lila Bringhurst Community Park, also created and installed by Public Restroom Company.

This building footprint is based on an off-the-shelf model and has been customized to meet the City’s needs in terms of the number of stalls provided, storage and maintenance access.

The City will further customize elements to meet its needs, such as selecting exterior aesthetics, plumbing fixtures and other building elements, as required per City Building Maintenance Standards.

Cooperative Purchase

The pre-fabricated restrooms will be purchased from the Public Restroom Company through a cooperative contract (cooperative purchasing/piggybacking) with SourceWell (formerly National Joint Powers Alliance, NJPA). SourceWell is a public agency/cooperative created by the Minnesota legislature to provide purchasing contracts that are competitively bid nationally and at lower prices to other public entities.

Fremont Municipal Code (FMC) Section 3.20.310 authorizes the City to participate in cooperative agreements with other public agencies to purchase goods and services, including incidental labor and public works components, at prices established by the cooperative purchasing agency (SourceWell) through a competitive bidding process that meets the City’s procurement goals and objectives. Authority for cooperative purchases is also codified in Public Contract Code sections 10298 and 10299.

Based on staff’s review, SourceWell’s competitive bidding process meets the City’s procurement goals and objectives. The Public Restroom Company will design, manufacture, deliver and install the prefabricated restrooms at a cost saving to the City compared to typical on-site construction methods. Savings will largely be achieved in architectural and labor costs reductions resulting from redesigned floor plans and construction taking place offsite. This method of project delivery also expedites the project timeline since building fabrication is the longest lead item on this type of project.

Completion of site improvement plans and other work to bring utilities into the park to support the restroom and the future park development will be designed and publicly bid , and the contract for this work will be presented to the Council for approval.

Project Schedule

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Staff Report (ID # 4710) Meeting of October 4, 2022
Updated: 9/29/2022 10:14 AM by Alberto Quintanilla B Page 3 The Public Restroom Company has provided a delivery schedule to finalize the fixtures and finishes, revise all drawings and submit to the City for permitting, construct the bathroom structure, deliver to the site and install, a time frame of 240 working days from the issuance of a Notice to Proceed. Based on the rough schedule, staff anticipates a target delivery date after June 1, 2023.

All underground utilities servicing the building and future 10-acre park, are currently being designed separately. The utilities for this restroom installation will be installed by public bid by a separate contractor and completed prior to the delivery and installation of the prefabricated restroom.

FISCAL IMPACT

Project Budget and Funding: Funds were originally allocated in 2002, totaling $8,122,475, when the original master plan for the undeveloped 10 acres of Centerville Community Park was designed. When the project was put on hold in 2008, remaining funding totaled approximately $7,348,943. Between 2008 and the most current CIP, small projects were done throughout Centerville Community Park, and staff time was billed against the PWC.

Additional funding of $4,200,000 was added per the 2021/22-2025/26 Capital Improvement Program, in anticipation of developing a portion of the site in conjunction with the Fremont Unified School District (FUSD) joint use park. The current funding balance in PWC8392 -540 is $10,953,089 and PWC8392-543 is $9,341 for a total current balance of $10,962,430.

1. Total Funds appropriated to the project
a. PWC8392-540 $10,953,089
b. PWC8392-543 $9,341
CURRENT FUNDING BALANCE $10,962,430

2. Remaining Planned Expenditures
a. Public Restroom Company $503,180
b. MEP Consultant - Site Utility Design $78,000
c. Underground Site Utility Installation (estimated) $615,000 d. Project/Consultant Management - Site Utility Design 154,000 SUBTOTAL $1,350,180

3. Estimated Remaining Funds $9,612,250

ENVIRONMENTAL REVIEW: A mitigated negative declaration was prepared and approved by the City Council on May 14, 2002, for the entire Centerville Community Park project, as originally designed (EIA No. PLN2002-00233). The work associated with the proposed project is consistent with the original park project analyzed in the mitigated negative declaration and no further environmental review is required. As a separate and independent basis for CEQA compliance, the project is exempt from CEQA as a Class 1 facility (Replacement and Reconstruction of Existing Facilities) pursuant to Section 15302 of the Guidelines of the California Environmental Quality Act.

ATTACHMENTS: None.

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Staff Report (ID # 4710) Meeting of October 4, 2022
Updated: 9/29/2022 10:14 AM by Alberto Quintanilla B Page 4 RECOMMENDATIONS:

1. Find that the project is categorically exempt as a Class 1 facility (Replacement and Reconstruction of Existing Facilities) under Section 15302 of the Guidelines of the California Environmental Quality Act and that no further environmental review is required based on the Council’s prior approval of a mitigated negative declaration for the entire Centerville Community Park Project.

2. Authorize the City Manager or designee to accept the proposal and execute an agreement with the Public Restroom Company through SourceWell Cooperative Contract #081721, to design, fabricate, deliver and install a new prefabricated restroom at Centerville Community Park for a base amount of $457,436, plus a 10% contingency of $45,744, for a total contract amount of $503,180.

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Fremont City Council Meeting: 10/04/22 07:00 PM
3300 Capitol Avenue Div/Dept: Human Services Department Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4715) DOC ID: 4715 D
Updated: 9/27/2022 3:07 PM by Alberto Quintanilla D Page 1

FEDERAL EMERGENCY SOLUTIONS GRANT PROGRAM AGREEMENT AND FUND APPROPRIATION – Adopt a Resolution and Authorize the City Manager to Execute an Agreement with the U.S. Department of Housing and Urban Development for the new Emergency Solutions Grant (ESG) Program for Fiscal Year 2022/23 and Appropriate $149,961 in ESG Funding
Contact Persons:

Name: Robert Lopez Suzanne Shenfil
Title: CDBG Administrator Director
Div/Dept: Human Services Department Human Services Department Phone: 510-574-2043 510-574-2051
E-Mail: [email protected] [email protected]

Executive Summary: The City of Fremont has been selected to receive $149,961 in on- going Federal Emergency Solutions Grant (ESG) funds from the United States Department of Housing and Urban Development to provide funding for programs and services assisting homeless individuals and families, as well as those in danger of falling into homelessness.

Staff recommends that the City Council adopt a resolution and authorize the City Manager or her designee to enter into an agreement with HUD for the new Emergency Solutions Grant program for FY 2022/23 and appropriate ESG funding in the Federal Operating Grants Fund (Fund 199).

BACKGROUND:

As a HUD entitlement jurisdiction, the City receives Community Developmen t Block Grant (CDBG) program funds each year from HUD for housing and community development activities. The funding is allocated to the City based on several factors including population, poverty, and housing statistics. It is because of these factors from the recent 2020 Census that HUD has awarded new federal entitlement program funds, the ESG program, to the City.

The primary objectives of the ESG program are to address the needs of homeless people in emergency or transitional shelters to assist people to quickly regain stability in permanent housing after experiencing a housing crisis and/or homelessness. ESG funds must be used for activities which primarily benefit individuals and families that meets HUD’s “homeless” and “at-risk of homelessness” definitions in accordance with 24 CFR 576.

The ESG program provides funding for five program components that the City may select from:

1. Street Outreach: Engage homeless individuals and families living on the street;

2. Emergency Shelter: Improve the number and quality of emergency shelters for homeless individuals and families, help operate these shelters, and provide essential services to shelter residents;

3. Rapid Re-housing Assistance: Rapidly re-house homeless individuals and families;

4. Homelessness Prevention: Prevent families and individuals from becoming homeless; and

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5. Homeless Management Information System: Support the operation of the local information technology system used to collect client-level data County-wide.

The ESG grant allows for 7.5% of the funds to be used for administrative activities.

DISCUSSION/ANALYSIS: Like the City’s CBDG funds, all federal funds, including ESG, must be programmed into the City’s Consolidated and Annual Action Plan. The CDBG funding recommendations and FY 2022/23 Annual Action Plan was passed by City Council on June 21, 2022. Because HUD announced the ESG award to the City late in the action plan process, HUD has allowed additional time to obligate ESG funding. The City has 180 days from the date of the executed ESG grant agreement with HUD to obligate ESG funds to programs and services. This also includes a Request for Proposals (RFP) process that staff will oversee.

After setting aside the City’s 7.5% administrative allocation ($11,247), the Department will have $138,714 available for an RFP. Because of the limited amount of ESG grant funding, staff plans to issue an RFP solely for Rapid Re-housing rental housing rental assistance subsidies and deposits. Affording quality, sustainable, and permanent housing for our homeless residents continues to be a critical underfunded need. This new resource will allow the City to increase its ability to house homeless individuals and families. This option also aligns with Alameda County’s Home Together 2026 Community Plan. On May 3, 2022, Fremont City Council endorsed Alameda County’s Home Together 2026 Community Plan, which identifies the addition of new rapid rehousing slots as a strategy to achieve a primary goal to increase housing solutions, and thereby, reducing homelessness.

Rapid Re-housing allows for short and/or medium-term rental assistance as necessary to help individuals or families living in an emergency shelter or other places, as defined by HUD “as not meant for human habitation”, move as quickly as possible into perman ent housing and achieve stability in that housing. Funds in this category may be used for services and assistance generally consisting of short-term and medium-term rental assistance, rental arrears, rental application fees, security deposits, advance paym ent of last month's rent, utility deposits and payments, moving costs, housing search and placement, housing stability case management, mediation, legal services, and credit repair.

However, the RFP will focus on providing rental and deposit assistance.

The City allocates CDBG funds in two-year funding cycles, which will also be the basis for the ESG program funding cycle framework. This allows agencies to better budget their resources and reduces the amount of paperwork they need to complete each year.

Staff will return to the City Council once the RFP process is completed to amend the City’s FY 2020-2025 Consolidated Plan and FY 2022/23 Annual Action Plan to program ESG funds and seek approval of ESG funding recommendations and contract execution authority.

FISCAL IMPACT: There is no impact to the general fund. Metropolitan city and urban county recipients must match grant funds with an equal amount of contributions, which may include cash, donated buildings or materials, and volunteer services. The City has sufficient federal and local funds dedicated to homelessness programs to meet the match requirement. Staff recommends the City Council appropriate $149,961 in the Federal Operating Grants Fund.

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ENVIRONMENTAL REVIEW:

Consistent with National Environmental Policy Act (NEPA), regulations, funding will not be distributed to a project until appropriate NEPA review and clearance is completed for that project.

All of the projects being recommended are exempt from review under the California Environmental Quality Act (CEQA), without limitation, as the repair, maintenance or minor alteration of existing facilities involving negligible or no expansion of use pursuant to CEQA Guidelines Section 15301, and/or as replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site and have substantially the same purpose and capacity as the replaced structure pursuant to CEQA Guidelines Section 15302. Each of the foregoing provides a separate and independent basis for CEQA exemption

ATTACHMENTS:
• Exhibit 1 - Resolution FY 22-23 ESG Funding

RECOMMENDATION: Staff recommends that the City Council adopt a resolution and authorize the City Manager or her designee to enter into an agreement with HUD for the new Emergency Solutions Grant program for FY 2022/23 and appropriate ESG funding in the Federal Operating Grants Fund.

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DRAFT

RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

AUTHORIZING THE EXECUTION OF EMERGENCY SOLUTIONS

GRANT (ESG) AGREEMENT WITH THE UNITED STATES

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

WHEREAS, the City has been allocated $149,961 in ESG entitlement funding from the United States Department of Housing and Urban Development (HUD) for FY 2022/2023; and

WHEREAS, on October 4, 2022, the City Council conducted a public hearing on the proposed FY 2022-23 ESG Program Request for Proposals (RFP) for the proposed use of Funds and afforded the public an opportunity to be heard.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT RESOLVES AS FOLLOWS:

SECTION 1. ESG Funds for FY 2022-23 are appropriated to Fund ___.

SECTION 2. The City Manager or designee is authorized to execute the ESG entitlement funding agreements with HUD.

ADOPTED, , 2022, by the City Council of the City of Fremont, by the following vote:

AYE:

NOES:

ABSENT:

ABSTAIN:

Mayor

ATTEST: APPROVED AS TO FORM:

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Attachment: Exhibit 1 - Resolution FY 22-23 ESG Funding (4715 : FEDERAL EMERGENCY SOLUTIONS GRANT PROGRAM AND FUNDS

City Clerk City Attorney

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Attachment: Exhibit 1 - Resolution FY 22-23 ESG Funding (4715 : FEDERAL EMERGENCY SOLUTIONS GRANT PROGRAM AND FUNDS Fremont City Council Meeting: 10/04/22 07:00 PM
3300 Capitol Avenue Div/Dept: Business Systems
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors: Community Development Director Dan Schoenholz STAFF REPORT (ID # 4711) DOC ID: 4711
Updated: 9/27/2022 5:38 PM by Rocio Fierro Page 1

ACCELA AUTOMATION SOFTWARE SUPPORT CONTRACT APPROVAL -
Authorize the City Manager, or Designee, to Issue a Purchase Order and to Execute Implementing Documents with Accela, Inc., for the Annual Software Support and Maintenance of the Accela Citizen Access (ACA), Accela GIS (AGIS), and Accela Automation (AA)
Contact Persons:

Name: Alicia Hernandez Sanford Taylor
Title: Division Manager IT Director
Div/Dept: Business Systems Information Technology Services Phone: 510-494-4805 510-494-4802
E-Mail: [email protected] [email protected]

Executive Summary: The City has a Software as a Service (SaaS) support agreement with Accela, Inc. The existing support agreement for the system expires on October 29, 2022.

The annual support cost for the Accela SaaS Agreement for the period of October 30, 2022 through October 29, 2023, is $476,551. The amount of the Accela contract exceeds $100,000 and requires City Council approval.

BACKGROUND: The City has used the Accela Land Management and Permitting Software System to support the City’s development permitting services since 2017. The Accela software system supports internal staff, as well as external customers (via the Accela Citizen Access [ACA] portal). The ACA portal facilitates electronic permit submitt al and review, and on-line research into the City’s permitting database by the public. The Accela Automation system supports planning entitlement, building plan review and inspection, development engineering permitting, code enforcement complaints, and special events.

DISCUSSION/ANALYSIS: Support agreements provided by the vendor ensure that the Land Management/Permitting application and its associated components such as Accela GIS (AGIS) and the Citizen facing portal – Accela Citizen Access (ACA) – are kept updated with modern technology and, more importantly, patched regularly for cybersecurity protection .

Software support agreements are also necessary for ongoing support and maintenance in the event of system malfunction.

The Accela software support agreements are annual agreements that the City renews. The agreements include services for assistance with technical problems, software fixes, and upgrades of the software and database to the current version.

The annual software support agreement is for services through October 29, 2023, in the amount not-to-exceed $476,551. With Council’s approval, the City Manager is authorized to renew the agreements with Accela for four additional one-year terms in an amount not-to- exceed a five percent (5%) increase per year.

FISCAL IMPACT: Each budget group - with staff utilizing Accela - funds the application license costs through a proportionate allocation in its IT Allocation for the fiscal year. As such, funds are appropriated for the annual Accela software support agreements in the

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Information Technology Services Department’s FY 2022/23 operating budget (620-17021).

Funding for subsequent years will be requested as part of the City’s annual budget process.

ENVIRONMENTAL REVIEW: Not applicable

ATTACHMENTS: None.

RECOMMENDATIONS:

1. Authorize the City Manager, or designee, to issue a purchase order and to execute implementing documents with Accela, Inc., for the annual software support and maintenance of Accela Automation (AA); Accela GIS (AGIS); and Accela Citizen Access (ACA) through October 29, 2023, in the amount not-to-exceed $476,551.

2. Authorize the City Manager, or designee, to renew the annual software support agreements with Accela, Inc., for four additional one-year terms in an amount not-to- exceed a five percent (5%) increase per year.

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Fremont City Council Meeting: 10/04/22 07:00 PM
3300 Capitol Avenue Div/Dept: Landscape Architecture
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4716) DOC ID: 4716
Updated: 9/29/2022 10:32 AM by Alberto Quintanilla Page 1

CALIFORNIA NURSERY HISTORICAL PARK PRE-FABRICATED RESTROOM - Authorize the purchase of a pre-fabricated restroom for California Nursery Historical Park and award a contract to the Public Restroom Company pursuant to SourceWell Cooperative Contract #081721, to design, fabricate, deliver and install a restroom for a contract amount not to exceed $663,255 (including a 10% contingency); and issue findings of CEQA compliance
Contact Persons:

Name: Rico Lardizabal Suzanne Wolf
Title: Associate Landscape Architect Community Services Director Div/Dept: Landscape Architecture Community Services
Phone: 510-494-4743 510-494-4329
E-Mail: [email protected] [email protected]

Executive Summary: Staff recommends the City Council accept the proposal from the Public Restroom Company, Inc (PRC) and authorize the City Manager or designee, to execute an agreement with Public Restroom company, Inc., through SourceWell Cooperative Contract #081721, to design, fabricate, deliver and install a restroom at California Nursery Historical Park for a base amount of $602,959, plus a 10% contingency of $60,296, for a total contract amount of $663,255; and find that the project is consistent with the adopted California Nursery Historical Park Master Plan, for which an Environmental Impact Report (EIR) was previously prepared and certified in accordance with the requirements of the California Environmental Quality Act (CEQA).

BACKGROUND: The California Nursery Historical Park Prefabricated Restroom Project is a project included in the implementation of the California Nursery Historical Park Master Plan that was adopted by Council on December 12, 2017. This project will be funded under the California Nursery Master Plan PWC8837 that was initially funded in the (CIP) FY 2013/14 – 2017/18 Capital Improvement Program, with the additional funding allocated in the (CIP) FY 2017/18 – 2024/25 Capital Improvement Program. California Nursery Historical Park is a 20-acre park site, located at 36501 Niles Boulevard, recently reopened to the public in July 2023 after being closed due to the backbone improvement projects included in the implementation of the master plan. The backbone improvements included new accessible walkways, parking, park furnishings and amenities, allowing for more recreational programming, thus expectations for a significant increase in park users. This proposed new restroom will be located towards the south of the park and will supplement the existing “adobe” restroom building that has been renovated and is open to the public during park hours.

DISCUSSION/ANALYSIS: The installation of this restroom will serve users of the existing developed park, and the undeveloped, future joint use park. This prefabricated bathroom will be located at the southerly side of the park site, adjacent to the Boxed Tree Forest and Historic Orchard. This building will have a traditional men’s and women’s restroom with two (2) stalls each; one (1) all gender restroom, two (2) storage rooms, and a maintenance chase. The roof line and exterior aesthetics will be like the restroom that is proposed at

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Updated: 9/29/2022 10:32 AM by Alberto Quintanilla Page 2 Centerville Community Park, as well as the one installed at Lila Bringhurst Community Park, also created, and installed by Public Restroom Company.

This building footprint is based on an off-the-shelf model and has been customized to meet the City’s needs in terms of the number of stalls provided, storage and maintenance access.

The City will further customize elements to meet its needs, such as selecting exterior aesthetics, plumbing fixtures and other building elements, as required per City Building Maintenance Standards.

Cooperative Purchase
The prefabricated restrooms will be purchased from the Public Restroom Company through a cooperative contract (cooperative purchasing/piggybacking) with SourceWell (formerly National Joint Powers Alliance, NJPA). SourceWell is a public agency/cooperative created by the Minnesota legislature to provide purchasing contracts that are competitively bid nationally and at lower prices to other public entities.

Fremont Municipal Code (FMC) Section 3.20.310 authorizes the City to participate in cooperative agreements with other public agencies to purchase goods and services, including incidental labor and public works components, at prices established by the cooperative purchasing agency (SourceWell) through a competitive bidding process that meets the City’s procurement goals and objectives. Authority for cooperative purchases is also codified in Public Contract Code sections 10298 and 10299.

Based on staff’s review, SourceWell’s competitive bidding process meets the City’s procurement goals and objectives. The Public Restroom Company will design, manufacture, deliver and install the prefabricated restrooms at a cost saving to the City compared to typical on-site construction methods. Savings will largely be achieved in architectural and labor costs reductions resulting from redesigned floor plans and construction taking place offsite. This method of project delivery also expedites the project timeline since buil ding fabrication is the longest lead item on this type of project.

Completion of site improvement plans and other work to bring utilities into the park to support the restroom and the future park development will be designed and publicly bid, and the contract for this work will be presented to the Council for approval.

Project Schedule
The Public Restroom Company has provided a delivery schedule to finalize the fixtures and finishes, revise all drawings and submit to the City for permitting, construct the bathroom structure, deliver to the site, and install, a time frame of 240 working days from the issuance of a Notice to Proceed. Based on the rough schedule, staff anticipates a target delivery date after June 1, 2023.

All underground utilities and sitework servicing the building, are currently being designed separately. These improvements will be installed by public bid by a separate contractor and completed prior to or concurrently with the delivery and installation of the prefabricated bathroom.

FISCAL IMPACT: This California Nursery Historical Park Prefabricated Restroom project is to be funded with $663,255 of Park Impact Fees, from the California Nursery Master Plan,

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Staff Report (ID # 4716) Meeting of October 4, 2022
Updated: 9/29/2022 10:32 AM by Alberto Quintanilla Page 3 PWC 8837 Fund 540. There is adequate funding for the construction base bid, 10% Construction Contingency, and 10% estimated Construction Management, Inspection and Administration. As of September 9, 2022, PWC8837 Fund 540 has an unencumbered balance of approximately $3,750,000, which is eligible for used for this project. Once this amount of $663,255 is appropriated to this restroom project, the California Nursery Historical Park Project (PWC 8837) will have a remaining balance of approximately $3,086,745 which is earmarked for the supporting site work and utilities project, as well as upcoming California Nursery Historical Park Master Plan implementation projects. Any unused contingency amount will return to PWC 8837 at project closeout. See table below.

1. Total Funds appropriated to the project
a. PWC8837-540 $3,750,000
b. PWC8837-545 $17,910
CURRENT FUNDING BALANCE $3,767,910

2. Remaining Planned Expenditures
a. Public Restroom Company $663,255
b. MEP Consultant - Site Utility Design (estimated) $10,000 c. Sitework and Underground Site Utility Construction and Installation (estimated) $146,000
d. Project/Consultant Management (estimated) $47,000
SUBTOTAL $866,255

Estimated Remaining Funds $2,901,655

ENVIRONMENTAL REVIEW: The proposed California Nursery Historical Park Prefabricated Restroom Project is consistent with the adopted California Nursery Historical Park Master Plan, for which an Environmental Impact Report (EIR) (SCH#2015062024) was previously prepared and certified in accordance with the requirements of the California Environmental Quality Act (CEQA). No changes to the project or its circumstances have occurred, and no new information has become available since certification of the EIR that would require preparation of additional environmental documentation. The proposed action to award the contract for the for the California Nursery Historical Park Prefabricated Restroom Project is exempt from the California Environmental Quality Act (CEQA) per CEQA Guideline 15061(b)(3), as that action does not have the potential for causing a significant impact on the environment.

ATTACHMENTS: None

RECOMMENDATIONS:

1. Find the project is consistent with the adopted California Nursery Historical Park Master Plan, for which an Environmental Impact Report (EIR) was previously prepared and certified in accordance with the requirements of the California Environmental Quality Act (CEQA).

2. Authorize the City Manager or designee to accept the proposal and execute an agreement with the Public Restroom Company (PRC) through the SourceWell Cooperative Contract #081721, to design, fabricate, deliver, and install a new restroom at California Nursery Historical Park for a base amount of $602,959, plus a 10% contingency of $60,296, for a total contract amount of $663,255.

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Fremont City Council Meeting: 10/04/22 07:00 PM
3300 Capitol Avenue Div/Dept: Engineering
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4720) DOC ID: 4720
Updated: 9/29/2022 10:33 AM by Alberto Quintanilla Page 1 TRACT 8398 BOND RELEASE - Approval of Partial Release of Performance Bonds in the Amount of $6,889,999 Posted by Toll West Coast, LLC with Public and Private Improvement Agreements Required for Metro West Development Project Contact Persons:

Name: Anne Quasarano Hans Larsen
Title: Senior Civil Engineer Public Works Director
Div/Dept: Engineering Public Works
Phone: 510-494-4767 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate partial release of the Faithful Performance Bonds in the total aggregate amount of $6,889,999 reflecting the 94% percent completion of subdivision improvements associated with Tract 8398, commonly known as Metro West Phase 1 (formerly known as VOP Warm Springs Phase 1), and located in City Council District 5.

BACKGROUND: On October 26, 2017, the City Council approved Vesting Tentative Tract Map 8398 for Metro West Phase 1. Final Tract Map 8398 was approved by City Council on July 16, 2019, which required the developer to enter into Public and Private Improvement Agreements for construction of the improvements. In addition, the developer posted Faithful Performance Bonds in the amount of $7,783,999 to guarantee the construction of public and private improvements that included but is not limited to construction of curb, gutter, sidewalk, streetlights, landscaping, accessible ramps, utility connections, striping, signage, and asphalt concrete pavement for public and private streets.

DISCUSSION/ANALYSIS: The improvements required to be constructed by the developer have been substantially completed. As such, the developer has requested partial release of the Faithful Performance Bonds posted with the Improvement Agreements for Tract 8398.

The developer has submitted cost estimates for the remaining work, and staff has reviewed and has determined that the work remaining is twenty percent or less of the original construction costs for which the Faithful Performance Bond amounts were based on. Section

17.20.290(e) 1 of the Fremont Municipal Code, under Financial Guarantees, provides, in relevant part, that the “City Council may permit the partial release of the security upon the partial performance of the act or the acceptance of the work as it progresses”. Section 66499.7 of the Subdivision Map Act, under Release of Security, allows for a partial release of the Faithful Performance Bonds provided that the remaining work does not exceed 20 percent of the original bond amount and that performance security is retained or substitute security is provided in an amount not less than 200 percent of the engineer’s cost estimate of the remaining work. As shown on the table below, the city will partially release the performance bond and retain performance security in an amount of twice the cost estimate of the remaining work.

The posted bonds and status of subdivision improvements is shown in the Table below:

Agreement Performance % Work Description of % Work Description Cost of Amount Amount of

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Staff Report (ID # 4720) Meeting of October 4, 2022
Updated: 9/29/2022 10:33 AM by Alberto Quintanilla Page 2 bond (100%) completed work
completed
remaining of work
remaining
work
remaining
of bond
to be
retained
bond
reduction
Improvement
Agreement, Tract
8398, Public
Improvements
$4,538,999 96%
Paving, Curb,
Gutter,
Sidewalk,
Curb Ramp,
Driveway,
4%
Striping,
Signage,
Utilities,
Storm Drain,
Landscaping
$183,000 $366,000 $4,172,999
Improvement
Agreement, Tract
8398, Private
Improvements
$3,245,000 92%
Paving, Curb,
Gutter,
Sanitary
Sewer, Storm
Drain,
Electrical
8%
Landscaping
,
Bioretention,
Water
utilities,
Striping, and
Signage
$264,000 $528,000 $2,717,000

Total: $7,783,999 94% 6% $447,000 $894,000 $6,889,999

FISCAL IMPACT: None.

ENVIRONMENTAL REVIEW: In July 2014, the City Council certified the Final Environmental Impact Report (SCH# 2013032062) for the Warm Springs/South Fremont Community Plan. Pursuant to CEQA Guidelines Section 15183, an Environmental Compliance Checklist was prepared for the project that found that the development density and intensity to be consistent with the Community Plan and there were no significant effects related to the project or site. The Final Map and Improvement Plans are consistent with the original project description and scope of work and there are no substantial changes to the project requiring further environmental review under CEQA Guidelines Section 15162. No further environmental review is required. Furthermore, and as a separate and independent basis for CEQA compliance, the action is not project as defined by CEQA and is exempt from CEQA review under Section 15378(b)(2) and (b)(5).

ATTACHMENTS:
• Site Plan (1 sheet) – Tract 8398

RECOMMENDATION: Approve the partial release of the Faithful Performance Bonds in the amount of $6,889,999 posted by Toll West Coast, LLC with the approved Public and Private Improvement Agreements for Tract 8398.

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SOUTH GRIMMER BOULEVARD
TAVIS PLACELOT 6LOT 2
LOT 15LOT 11
LOT 13LOT 14
LOT 10LOT 9
LOT 5
LOT 1LOT 4LOT 8LOT 3
LOT 12
LOT 7

INSPIRATION WAY

INVENTION COMMON

CLIENT COMMON

FLASH COMMON

FLASH COMMON

WISDOM ROADWISDOM ROAD

OLD WARM SPRINGS BOULEVARD

PARCEL FPARCEL G

PARCEL IPARCEL H

PARCEL B

PARCEL DPARCEL A

PARCEL EPARCEL C

ROUTER COMMONFUTURE PRODUCTION WAY
LOCATION MAPWARM SPRINGS AREA 3CITY OF FREMONT ALAMEDA COUNTY CALIFORNIADATE: JUNE 21, 2019 SCALE: 1" = 100' G:\2313\ACAD\EXHIBITS\XB_159-LOCATION MAP.DWG
6/22/2019 2:07 PM

VICINITY MAP
SITE
CIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMSACRAMENTO(925) 866-0322(916) 375-1877OF SHEETSSHEET NO.12 SEE SHEET 2

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Attachment: Site Plan (1 sheet) – Tract 8398 (4720 : TRACT 8398 BOND RELEASE)

SOUTH GRIMMER BOULEVARD

WISDOM ROADWISDOM ROAD

PARCEL K

PARCEL J

FUTURE PRODUCTION WAY
G:\2313\ACAD\EXHIBITS\XB_159-LOCATION MAP.DWG
6/22/2019 2:08 PMCIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMSACRAMENTO(925) 866-0322(916) 375-1877

VICINITY MAP
SITE
OF SHEETSSHEET NO.22
LOCATION MAPWARM SPRINGS AREA 3CITY OF FREMONT ALAMEDA COUNTY CALIFORNIADATE: JUNE 21, 2019 SCALE: 1" = 100' SEE SHEET 1

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Attachment: Site Plan (1 sheet) – Tract 8398 (4720 : TRACT 8398 BOND RELEASE) Fremont City Council Meeting: 10/04/22 07:00 PM
3300 Capitol Avenue Div/Dept: Engineering
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4721) DOC ID: 4721
Updated: 9/29/2022 10:35 AM by Alberto Quintanilla Page 1 TRACT 8403 BOND RELEASE - Approval of Partial Release of Performance Bond in the Amount of $2,288,000 Posted by Toll CA XX, L.P. with Private Improvements Agreement Required for Project Metro Crossing Phase 3 Contact Persons:

Name: Anne Quasarano Hans Larsen
Title: Senior Civil Engineer Public Works Director
Div/Dept: Engineering Public Works
Phone: 510-494-4767 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate partial release of the Faithful Performance Bond in the total amount of $2,288,000 reflecting the 97% percent completion of subdivision improvements associated with Tract 8403, commonly known as Metro Crossing Phase 3, and located in City Council District 5.

BACKGROUND: On April 14, 2016, the Planning Commission approved Vesting Tentative Tract Map 8265 which allowed for multiple filings of final maps. Final Tract Map 8403 was the third map filed and was approved by City Council on January 15, 2019, which required the developer to enter into a Private Improvement Agreement for construction of the improvements. In addition, the developer posted a Faithful Performance Bond in the amount of $2,416,000 to guarantee the construction of private improvements that included but is not limited to construction of curb, gutter, sidewalk, streetlights, landscaping, accessible ramps, utility connections, striping, signage, and asphalt concrete pavement for private streets.

DISCUSSION/ANALYSIS: The improvements required to be constructed by the developer have been substantially completed. As such, the developer has requested partial release of the Faithful Performance Bond posted with the Improvement Agreement for Tract 8403.

The developer has submitted cost estimates for the remaining work, and staff has reviewed and has determined that the work remaining is twenty percent or less of the original construction costs for which the Faithful Performance Bond amounts were based on.

Section 17.20.290(e) (1) of the Fremont Municipal Code, under Financial Guarantees, provides, in relevant part, that the “City Council may permit the partial release of the security upon the partial performance of the act or the acceptance of the work as it progresses”. Section 66499.7 of the Subdivision Map Act, under Release of Security, allows for a partial release of the Faithful Performance Bonds provided that the remaining work does not exceed 20 percent of the original bond amount and that performance security is retained or substitute security is provided in an amount not less than 200 percent of the engineer’s cost estimate of the remaining work. As shown on the table below, the city will partially release the performance bond and retain performance security in an amount of twice the cost estimate of the remaining work.

The posted bond and status of subdivision improvements is shown in the Table below:

Agreement Performance % Work Description % Work Description of Cost of Amount Amount of

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Staff Report (ID # 4721) Meeting of October 4, 2022
Updated: 9/29/2022 10:35 AM by Alberto Quintanilla Page 2 bond (100%) completed of work
completed
remaining work
remaining
work
remaining
of bond
to be
retained
bond
reduction
Improvement
Agreement, Tract 8403,
Private Improvements
$2,416,000 97%
Paving,
Curb, Gutter,
Sanitary
Sewer,
Storm Drain,
Electrical
3%
Landscaping,
Bioretention,
Water
utilities,
Striping, and
Signage
$64,000 $128,000 $2,288,000

FISCAL IMPACT: None.

ENVIRONMENTAL REVIEW: In July 2014, the City Council certified the Final Environmental Impact Report (SCH# 2013032062) for the Warm Springs/South Fremont Community Plan. Pursuant to CEQA Guidelines Section 15183, an Environmental Compliance Checklist was prepared for the project that found that the development density and intensity to be consistent with the Community Plan and there were no significant effects related to the project or site. The Final Map and Improvement Plans are consistent with the original project description and scope of work and there are no substantial changes to the project requiring further environmental review under CEQA Guidelines Section 15162.

Furthermore, and as a separate and independent basis for CEQA compliance, the action is not a project as defined by CEQA and is exempt from CEQA review under Section 15378(b) (2) and (5). No further environmental review is required.

ATTACHMENTS:
• Site Plan (1 sheet) – Tract 8403

RECOMMENDATION: Approve the partial release of the Faithful Performance Bond in the amount of $2,288,000 posted by Toll CA XX, L.P. with the approved Private Improvement Agreement for Tract 8403.

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X
X
X
75 X
X
X
X

76.4 X
X
85 E 10600
80 X
X
X
X
X
X
X
X

86.7 X

86.5 KILOWATT WAY

NAVIGATION
LOT G
LOT B
5 4
3 NETWORK
1 4
5 6
7 8
9 10
LOT A
LOT B
LOT C
LOT E
LOT F
LOT G

LOT HLOT I
LOT J

PRISM TERRACE
LOT D
4690 CHABOT DRIVE, SUITE 200 PLEASANTON, CA 94588
PHONE: (925) 227-9100 FAX: (925) 227-9300

E N G E E R SN N N S S SR R RE EP A U Y O
{\Q0;DATE: DECEMBER 17, 2018} {\Q0;JOB NO. 141036} {\Q0;SHEET 1 OF 1} G:\\JOB2014\\141036\\CAD FILES\\03-CONSTRUCTION DOCS\\EXHIBITS\\VIC SITE PLAN - PHASE 3.DWG 12/17/2018 7:03:24 AM CONNIE KARN {\LSITE PLAN}
4690 CHABOT DRIVE, SUITE 200 PLEASANTON, CA 94588
PHONE: (925) 227-9100 FAX: (925) 227-9300

E N G E E R SN N N S S SR R RE EP A U Y O
G:\\JOB2014\\141036\\CAD FILES\\03-CONSTRUCTION DOCS\\EXHIBITS\\VIC SITE PLAN - PHASE 3.DWG 12/17/2018 7:03:24 AM CONNIE KARN N
{\LVICINITY MAP}

NOT TO SCALE
100
300200100
0 1 inch = ft.

PROJECT
SITE
INTERSTATE 680INTERSTATE 880

MISSION

GRIMMER

AUTO MALL ROAD

DURHAM ROAD

WARM SPRINGS
BLVD

FREMONT BLVD

WARREN AVE
WARREN
PASEO
PADRE
PKWY

MISSION BLVD

FREMONT BLVD

OLD WARM SPRINGS BLVD
BLVD
BLVD
AVE

RESEARCH
WAY

RELIANCE
AVE

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Attachment: Site Plan (1 sheet) – Tract 8403 (4721 : TRACT 8403 BOND RELEASE) Fremont City Council Meeting: 10/04/22 07:00 PM
3300 Capitol Avenue Div/Dept: Building Inspection
Fremont, CA 94538 Category: Code Adoptions & Amendments

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4657) DOC ID: 4657
Updated: 9/29/2022 10:02 AM by Alberto Quintanilla Page 1

INTRODUCTION AND FIRST READING OF ORDINANCE ADOPTING BY REFERENCE, WITH AMENDMENTS, THE 2022 CALIFORNIA BUILDING,

MECHANICAL, PLUMBING, ELECTRICAL, EXISTING BUILDING, ENERGY,

RESIDENTIAL BUILDING, HISTORICAL BUILDING, AND GREEN BUILDING CODES; THE 2021 INTERNATIONAL POOL AND SPA CODE; AND THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE); AND REPEALING AND REPLACING FREMONT MUNICIPAL CODE TITLE 15 (BUILDING AND CONSTRUCTION), DIVISION 1 (FREMONT BUILDING STANDARDS CODE);

INTRODUCTION AND FIRST READING OF ORDINANCE ADOPTING BY REFERENCE, WITH AMENDMENTS, THE 2022 CALIFORNIA FIRE CODE AND REPEALING AND REPLACING FREMONT MUNICIPAL CODE TITLE 15 (BUILDING AND CONSTRUCTION), DIVISION 1 (FREMONT BUILDING STANDARDS CODE), CHAPTER 15.35 (FREMONT FIRE CODE); AND ADOPTION OF RESOLUTION MAKING EXPRESS FINDINGS THAT MODIFICATIONS TO THE 2022 CALIFORNIA

BUILDING STANDARDS, AS ADOPTED BY THE CITY, ARE REASONABLY NECESSARY DUE TO LOCAL CONDITIONS.

Contact Persons:

Name: Gary West Jay Swardenski
Title: Building Official Fire Marshal
Div/Dept: Building Inspection Fire Department
Phone: 510-494-4413 510-494-4200
E-Mail: [email protected] [email protected]

Executive Summary: The State of California adopts a set of new construction codes every three years, referred to as the California Building Standards Codes, which automatically become effective January 1, 2023. The purpose of this agenda item is to adopt the new 2022 California Building Standards Codes with certain administrative and technical amendments based on Fremont’s local conditions. The proposed administrative and technical changes continue current provisions in the Fremont Building and Fire Codes related to soils susceptible to liquefaction and corrosive soils and address some code deficiencies required to address structural changes and local conditions resulting from the City’s proximity to the Hayward and Calaveras earthquake faults. Previous amendments are proposed for revision or deletion to eliminate duplication and make the Fremont Building Code consistent with code amendments adopted by surrounding jurisdictions.

Staff recommends that the City Council introduce ordinances tonight to adopt changes to the California Building Standards Codes, including local amendments, and schedule a second public hearing for November 1, 2022. Additionally, staff recommends adoption, by reference, of the 2021 International Swimming Pool and Spa Code and the 2021 International Property Maintenance Code.

BACKGROUND: On June 30, 2022, the California Building Standards Commission (CBSC) adopted a complete set of new building codes based on the latest international and national

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Staff Report (ID # 4657) Meeting of October 4, 2022
Updated: 9/29/2022 10:02 AM by Alberto Quintanilla Page 2 model building codes. These regulations are referred to as the California Building Standards Code and are codified in California Code of Regulations, Title 24 (Model Code). The 2022 Model Code replaces current codes and become effective on January 1, 2023. The Model Code is mandatory and must be enforced by local government agencies.

The adoption of the new Model Code is a triennial process done by the CBSC, which is responsible for reviewing, adopting, and publishing building standards for the State of California. Through the code adoption process, the CBSC selects and approves a Model Code, which participating State agencies, such as State Fire Marshal (SFM), Division of the State Architect (DSA), and California Department of Health Care Access and Information (HCAI) have an opportunity to review and amend for the occupancy groups under their respective authorities.

The State allows local agencies to adopt amendments to the Model Code and building standards as long as they are more restrictive than state standards and are based on findings justifying local restrictions based on local geologic, climatic, and topographic conditions, per California Health & Safety Code Section 17958. Amendments to administrative provisions of the Model Code do not require local findings.

In accordance with the California Building Standards Commission Information Bulleting 22 - 01, all applications for building permits submitted on or after January 1, 2023, are subject to compliance with the 2022 California Building Standards Code. The 2019 California Building Standards Code remains in effect and applies to plans, specifications, and construction performed where the application for a building permit is received on or before December 30, 2022.

The 2022 Model Code includes the following specific codes/regulations:

• 2022 California Building Code Volumes 1 & 2
• 2022 California Mechanical Code
• 2022 California Plumbing Code
• 2022 California Electrical Code
• 2022 California Existing Buildings Code
• 2022 California Fire Code
• 2022 California Historical Building Code
• 2022 California Energy Code
• 2022 California Residential Code
• 2022 California Green Building Code

Included with the adoption of the 2022 Model Code is the 2021 International Property Maintenance Code (IPMC), which provides the City authority to abate structures that are imminent hazards to the public in a quick and efficient manner. IPMC includes definitions of terms for enforcement, for the integrity of structural elements of buildings, and specific hazards. These definitions are not included in the other standard codes. Staff also recommends adopting the 2021 International Swimming Pool and Spa Code (ISPSC), which provides minimum requirements for the design, construction, alteration, repair and maintenance of swimming pools and spas; these regulations are no longer included in the California Building Standards Code and therefore require specific adoption by the City.

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Staff Report (ID # 4657) Meeting of October 4, 2022
Updated: 9/29/2022 10:02 AM by Alberto Quintanilla Page 3 DISCUSSION/ANALYSIS: The City has historically adopted the California Building Standards Code, with amendments, in the areas listed below. The proposed amendments represent a continuation of most of the local amendments currently in effect. A brief discussion of the local amendments proposed and the changes under this ordinance include:

1. Administrative Amendments;

2. Soils Reports, Investigation, and Soils Observation;

3. Structural Inspections;

4. Roof Coverings;

5. Fire Resistant Construction, Occupancy Separation and Exiting;

6. Wood Structures and Prescriptive Conventional Construction;

7. Plumbing Code Amendments;

8. Mechanical Code Amendments;

9. Electrical Code Amendments;

10. Automatic Fire Extinguishing Systems;

11. Fire Code Amendments;

12. Structural Amendments;

13. International Property Maintenance Code;

14. Appendix chapters in 2022 California Building Standards Code;

15. California Residential Code; and

16. California Energy & Green Building Code.

1. Administrative Amendments: The administrative amendments for the Building, Electrical, Mechanical, Plumbing, Residential and Fire codes include:

• work that requires a building permit
• information required to obtain the permit
• valid dates of the permit and its expiration
• application process to obtain a building permit
• appeal process for a denial of a permit
• penalties for violations of the ordinance
• authority of the Building Official and Fire Marshal

Further, the local amendments require plats of survey when deemed necessary, soil observation and structural observation, the issuance of certificates of occupancy at the time of occupancy changes, and defined conditions for temporary certificates of occupancy. An existing table is also being re-adopted that ranks relative hazards between different occupancies and establishes when installation of fire sprinklers will be required when a building changes occupancy group. Identical provisions are currently in effect in the City.

The appeals process has also been modified to mirror the other appeals process found in the Neighborhood Preservation Ordinance, FMC Chapter 8.60. These amendments are carried forward from previous code adoption. A new section is added to the General Provisions in Chapter 5.05 to clearly state that the duties under Title 15 are discretionary.

2. Soils Reports, Investigation, and Soils Observation: All current soil investigations and foundation observations are being carried forward into the 2022 Code. This is addressed currently in State law but clarified in the Fremont Municipal Code.

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Staff Report (ID # 4657) Meeting of October 4, 2022
Updated: 9/29/2022 10:02 AM by Alberto Quintanilla Page 4

3. Structural Inspection: Amendments requiring structural inspections remain. These amendments clarify State law requirements.

4. Roof Coverings: The only amendment to this code section requires certified roof materials.

5. Fire Resistant Construction, Occupancy Separation and Exiting: The 2022 Codes continue to rely heavily on installation of fire sprinkler systems to prevent fires. Under the 2022 Codes, a fire extinguishing system can be used to increase the overall building height and area, reduce the fire resistivity of its structural elements, exterior walls, and exit corridors; eliminate separations between incompatible occupancies; and reduce fire rated construction separating units in multi-unit residential occupancies. The California State Fire Marshal’s Office (SFM) again rejected some of these provisions for occupancy groups under their authority and limited the use of fire sprinkler systems to either increase floor area or height, but not both. The SFM also does not allow a sprinkler system to be used to reduce the required fire-resistant construction of roof-tops, exit corridors, and occupancy separations between units of multi-unit residential units.

The following are general descriptions of local amendments regarding fire resistant construction and exiting:

• Roof of High-rise buildings: Eliminate an exception that would allow combustible construction for the roof of high-rise building.
• Exterior walls: Extend the SFM amendments requiring fire resistance covering on the inside face of exterior walls to all occupancies. The spread of fire from one building to the next is not occupancy dependent and can be crucial in event of a post-earthquake fire.
• Fire separation between sleeping units and dwelling units: Maintain fire resistance of walls separating sleeping units in hotels and motels and extend this requirement to duplexes. This firewall specification is already required for all other multi -unit residential buildings. Furthermore, the proposed amendments do not allow a reduction of the rated floor or wall assemblies from 1 hour to ½ hour for any duplexes or multi-residential hotels and motels.
• Fire resistance of exit corridors: Maintain fire resistance construction of 1 hour for exit corridors. The rated fire corridor is a critical element of fire exit system, and all occupants of a building should have the same degree of protection in the event of a post-earthquake fire.

6. Wood Structures and Prescriptive Conventional Construction: The current local amendment disallowing certain types of wall coverings for seismic load-resisting elements which have performed poorly in recent earthquakes remains unchanged.

7. California Plumbing Code Amendments: The proposed amendment requires installation of a seismic actuated gas shutoff valve and is identical to the amendment currently in place in the City.

8. California Mechanical Code Amendments: The proposed amendments relate to hoods and ducts to protect against fires. The protection of hoods and ducts in an enclosure by fire rated materials is to restrict grease duct fires to the hood and duct and prevent it from spreading to the rest of the building. There have been several grease

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Staff Report (ID # 4657) Meeting of October 4, 2022
Updated: 9/29/2022 10:02 AM by Alberto Quintanilla Page 5 duct fires in Fremont in single-story buildings. These fires have been contained by shafts. If the shaft had not been fire- rated, the fire would have very easily spread to the roof. The proposed amendment to California Mechanical Code will ensure that any new hood or duct is enclosed by fire rated materials. All proposed amendments are identical to amendments currently in place in the City.

9. California Electrical Code Amendments: The proposed amendments are mostly administrative and identical to amendments currently in place in the City of Fremont.

The amendment requires non-ferrous materials for electrical installations in corrosive environments based on the corrosive soils prevalent in Fremont.

10. Automatic Fire Extinguishing Systems Amendments: Most requirements for Automatic Fire Extinguishing Systems (AFES) are being carried forward with minor changes made for clarity. The proposed amendments are mostly administrative and identical to amendments currently in place.

11. California Fire Code Amendments: The proposed amendments are mostly administrative or identical to amendments currently in place. Several sections of the California Fire Code (CFC) related to fire flow, hydrant placement, apparatus access, fire alarm and hazardous materials specifications are again amended to allow the Fire Department greater flexibility and application of life safety and property conservation controls. Essential changes can be summarized as follows:

• Fire Alarm System installation and monitoring requirements are clarified. • Spill control and secondary containment mechanisms are required for a wider range of hazardous materials and at lower thresholds.
• Fireworks and Pyrotechnic Special Effects sections are amended to carry forward language consistent with the continued ban on the sale and possession of “Safe and Sane Fireworks.”
• Additional construction and monitoring requirements are retained for hazardous materials with CFC health hazard classifications of 3 and 4, mainly the toxic and highly toxic materials. Some flammable and oxidizing materials area also covered by these changes.

The remaining technical changes are consistent with existing amendments currently in effect.

12. Structural, Suspended Ceiling: The California Building Code has little information regarding seismic design requirements for suspended ceilings. It is through the experience of prior earthquakes, such as the Northridge Earthquake, that this local amendment is proposed to minimize the amount of bodily and building damage where these ceilings are installed. Since a great deal of emphasis has been placed on sprinkler systems, all measures that further ensure the sprinkler system will function after an earthquake are of great importance to Fremont due to proximity to the Hayward Fault.

All other proposed structural amendments are based on Uniform Code Committee and regional branches of Structural Engineers Association of California recommendations.

13. International Property Maintenance Code: During the 2016 Building Standards Code adoption, the City also adopted the 2018 International Property Maintenance Code and staff has successfully used the ordinance to ensure that buildings throughout the City

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Updated: 9/29/2022 10:02 AM by Alberto Quintanilla Page 6 are maintained in a safe condition. Staff is recommending adopting the 2021 version of the IPMC with the same amendments made to the previous version. The appeals section will be replaced with a reference to the appeals procedure in the Neighborhood Preservation Ordinance, FMC Chapter 8.60. This appeal process has been successfully used for years for enforcement.

14. California Building Standards Code Appendixes: Appendices are not adopted as part of the California Building Standards Code. They are provided in the Code to offer optional or supplemental criteria to the provisions in the main chapters of the code. The proposed ordinance adopts the following appendix chapters of the 2022 California Building Standards Code and references:

California Building Code:
• Appendix Chapter A: This appendix contains employment qualifications that coincide with state requirements.
• Appendix Chapter C: This appendix chapter contains provisions for the construction of agricultural buildings. The same provisions are currently in effect in the City of Fremont.
• Appendix Chapter F: This chapter includes provisions that require rodent proofing of dwellings. The same provisions are currently in effect in the City of Fremont. • Appendix Chapter G: This appendix chapter contains provisions for flood- resistant construction.
• Appendix Chapter I: This appendix chapter contains requirements for patio covers.

The same provisions are currently in effect in the City of Fremont. • Appendix chapter P: This appendix chapter contains provisions for emergency housing.

California Residential Building Code:
• Appendix Chapter AH: This appendix chapter contains requirements for patio covers.

The same provisions are currently in effect in the City of Fremont. • Appendix Chapter AJ: This appendix chapter contains provisions for the construction of Existing Buildings and Structures. The same provisions are currently in effect in the City of Fremont.
• Appendix Chapter AK: This appendix chapter contains provisions for sound transmission between attached dwelling units.
• Appendix Chapter AQ: This appendix chapter contains provisions for tiny house designs.
• Appendix Chapter AX: This is a new appendix chapter that contains provisions for swimming pools and spas.
• Appendix Chapter AZ: This appendix chapter contains provision for emergency housing.

California Mechanical Code:
• Appendix Chapter B: This appendix chapter contains procedures to be followed to place gas equipment in operation. The same provisions are currently in effect in the City of Fremont.
• Appendix Chapter C: This appendix chapter contains provisions for installation and testing of oil (liquid) fuel-fired equipment. The same provisions are currently in effect in the City of Fremont.

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Updated: 9/29/2022 10:02 AM by Alberto Quintanilla Page 7 • Appendix Chapter D: This appendix chapter contains provisions for fuel supply at manufactured/mobile home parks and recreational vehicles. The same provisions are currently in effect in the City of Fremont.

California Plumbing Code:
• Appendix Chapter A: This appendix chapter contains provisions for the sizing of water supply systems.
• Appendix Chapter B: This appendix chapter contains provisions for the sizing of combination waste and vent systems. The same provisions are currently in effect in the City of Fremont.
• Appendix Chapter D: This appendix chapter contains provisions for the sizing of storm water systems. The same provisions are currently in effect in the City of Fremont.

California Existing Building Code:
• Appendix A, Chapter A3: This appendix chapter contains prescriptive provisions for seismic strengthening of cripple walls.

International Property Maintenance Code:
• Appendix Chapter A: This appendix chapter contains boarding standards to board windows and doors to prevent entry to unsafe structures.

15. California Residential Code: The proposed amendments are both administrative and technical in nature. Staff is proposing to adopt the administrative chapter of the California Residential Code with revisions. The technical provisions include requirements for fire-sprinklers and fire separation between garage and dwelling. The amendments also prohibit the use of brittle materials for bracing of dwellings. These provisions are currently in effect in the City and are carried forward to the 2022 Code.

16. California Energy Code & Green Building Code: The 2022 Code includes significant revisions to the California Energy Code and Green Building Code (CALGreen), including requirements for increased electrical capacity in new buildings to accommodate anticipated increases in electrification of vehicles, appliances, and heating systems. With one exception, the Energy and Green Building requirements of the 2022 Code are now as stringent as, or more stringent than, the local “reach codes” that were adopted by many municipalities (including Fremont) in the previous code cycles. The one local reach code that still exceeds the requirements of the Green Building Code requires enhanced levels of EV readiness for all building types with a minimum of 10% of parking spaces in both multifamily and nonresidential developments. This local change made to the Green Building Code previously for enhanced EV readiness will be carried forward with the 2022 Code adoption.

It should be noted that as part of the Climate Action Plan update, staff is evaluating a variety of potential new sustainability-focused reach codes that primarily impact the Green Building Code and the Energy Code, which may include requirements that new residences be all-electric, increased electric vehicle charging requirements, and several other energy and water conservation enhancements. Staff intends to develop recommendations for reach code after adoption of the updated Climate Action Plan.

Identified Ordinance Changes: As noted earlier, staff is proposing several minor deletions and revisions to eliminate duplication and to make the Fremont Building Code

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15.10.030 Undated Changed Appendix Chapters Identifications

15.10.350 Removing 1,000 square foot maximum limit exception for Geotechnical requirements for residential additions, and ADU’s to be in line with other jurisdictions in our area.

15.10.440 2306.3, 1, & 2 - Update minimum plywood shear thickness to 7/16” OSB, or 1/2” plywood, and delete 400 pound per linear foot (plf).

15.25.040 Delete 230.32 – New code addresses concerns.

15.47.160 R602.10.3 – R602.12.8, h - Update minimum plywood shear thickness to 7/16” OSB, or 1/2” plywood.

Resolution of Local Condition Findings: Health and Safety Code Sections 17958, 17958.5 and 17958.7 require the City Council to make findings regarding local climatic, geological, and topographical conditions before adopting local amendments to the State-adopted California Building Standards Code. The proposed amendments to the Model Code are based primarily on earthquake and soils conditions in the City. Proposed findings include a map showing areas prone to liquefaction, fault line proximity and areas of corrosive soils. The proposed findings are enclosed with this staff report; however, t he City Council will not be asked to adopt the findings by resolution until the second reading of the ordinances on November 1, 2022.

Public Notice and Outreach: On September 20, 2022, an informational meeting with building industry stakeholders was held to present the proposed amendments to the standard codes. Additionally, a public hearing notice was published as a display ad in the Tri-City Voice on October 1, 2022.

FISCAL IMPACT: The costs associated with the application and administration of the building standards in the City of Fremont are funded by user fees paid by developers, except for Community Preservation, which is supported by the General Fund. The proposed codes adoption would not change the current cost for these services and would not require an additional General Fund contribution.

ENVIRONMENTAL REVIEW: The City Council determines that this ordinance is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5), as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15601(b)(3), each as a separate and independent basis for CEQA compliance.

ATTACHMENTS:
• CC rpt_Attachment 1
• CC rpt_Attachment 2
• Ord. 2022 Fire Code (FINAL DRAFT )
• Ord. 2022 Building Code (FINAL DRAFT)
• Informational- Draft Resolution for 2022 Bldg and Fire Findings

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RECOMMENDATIONS:

1. Hold public hearing.

2. Waive full reading and introduce ordinances and schedule a public hearing for November 1, 2022, to adopt by reference, with amendments, the 2022 California Building, Electrical, Plumbing, Mechanical, Residential, Green Build ing, Energy, Housing, Existing Buildings, and Fire Codes, the 2021 International Property Maintenance Code, and the 2021 International Swimming Pool and Spa Code.

3. Direct the City Clerk to publish a notice of public hearing set for November 1, 2022, to consider adoption of the ordinances in accordance with Government Code Section s 6066 and 50022.3.

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Attachment 1

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DRAFT
ORDINANCE NO. XX-2022

AN ORDINANCE OF THE CITY COUNCIL OF THE CIT Y OF

FREMONT ADOPTING BY REFERENCE , WITH AMENDMENTS,
THE 2022 CALIFORNIA FIRE CODE , AND REPEALING AND
REPLACING FREMONT MUNICIPAL CODE TITLE 15 (BUILDINGS
AND CONSTRUC TION), DIVISION 1, FREMONT BUILDING
STANDARDS CODE, CHAPTER 15.35 - FREMONT FIRE CODE

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT DOES ORDAIN AS FOLLOWS:

SECTION 1. DRAFTING SYNTAX
Fremont Municipal Code (FMC) section text adopting the local modification is italicized in this ordinance to assist the reader in distinguishing between City of Fremont modifications to the California Fire Code (CFC) and the FMC section text adopting the modifications.

Each section of the California Fire Code that is modified by the City of Fremont is listed however, whole subsections may not be modified, and those unmodified subsections are indicated by the subsection number followed by “{CFC text not modified}”. The unmodified subsections are to be codified as written in the California Fire Code. Each subsection that is deleted in its entirety by the City of Fremont is indicated by the subsection number followed by “deleted”.

SECTION 2. FMC CHAPTER 15.35 REPEALED AND REPLACED
Fremont Municipal Code Title 15 (Buildings and Construction), Division 1 (Fremont Building Standards Code), Chapter 15.35 (Fremont Fire Code) is repealed and replaced as follows:

Sec. 15.35.010 Title.

This division shall be known and may be cited as the “Fremont fire code” or “FFC.” The Fremont fire code consists of the California Fire Code, as codified in Title 24 of the California Code of Regulations, and as amended by this chapter.

Sec. 15.35.020 Fire prevention bureau.
(a) The fire prevention bureau is established within the Fremont fire department under the direction of the chief and consists of Fremont fire department personnel assigned to the bureau by the chief. The function of the bureau is to assist the chief in the administration and enforcement of the provisions of this code.
(b) References to the “Fire Marshal,” “Fire Code Official,” or the “Fire Prevention

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Engineer” in the California Fire Code mean the person in charge of the fire prevention bureau as appointed by the chief.
(c) The chief of the fire department shall recommend to the city manager the employment of technical consultants.

Sec. 15.35.030 Adoption of the 2022 CFC with amendments.

The 2022 edition of the California Fire Code (“CFC”) as published by the California Building Standards Commission is adopted as the fire code of the city of Fremont, California, as if fully set out in this ordinance, and is amended as set forth in this chapter. A copy of the 2022 CFC is on file in the office of the city clerk.

Sec. 15.35.040 Adoption of certain 2022 CFC appendices.

The following Appendices of the 2022 California Fire Code are adopted, as amended, by the city of Fremont and made a part of the Fremont fire code.

Appendix Title
Appendix Chapter 4 Special Detailed Requirements Based on Use and Occupancy Appendix B Fire Flow Requirements for Buildings
Appendix C Fire Hydrant Locations and Distribution
Appendix D Fire Apparatus Access Roads
Appendix E Hazard Categories
Appendix F Hazard Ranking
Appendix G Cryogenic Fluids-Weight and Volume Equivalents Appendix H Hazardous Materials Management Plans and Hazardous Materials Inventory Statements (see Sections 5001.5.1 and 5001.5.2)
Appendix I
Appendix N
Appendix O
Fire Protection Systems- Noncompliant Conditions
Indoor Trade Shows and Exhibitions
Temporary Haunted Houses, Ghost Walks and similar
Amusement Uses
Sec. 15.35.050 Amendment of 2022 CFC Appendix B.

Appendix B of the 2022 California Fire Code is amended as follows:

B101.1 – Table B105.1(2) {CFC text not modified}
Table B105.2
TABLE B105.2

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REQUIRED FIRE FLOW FOR BUILDINGS OTHER THAN ONE-AND
TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOMES

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
50% of the value in Table
B105.1(2)a
Duration in Table B105.1(2) at the reduced flow
rate
Section 903.3.1.2 of the California Fire
Code
50% of the value in Table
B105.1(2)b
Duration in Table B105.1(2) at the reduced flow
rate
For SI: 1 gallon per minute = 3.785L/m
a. The reduced fire flow shall not be less than 1,000 gallons per minute b. The reduced fire flow shall not be less than 1,500 gallons per minute

B105.2 – B106 {CFC text not modified}
Sec. 15.35.055 Amendment of 2022 CFC Appendix D.

Appendix D of the 2022 California Fire Code is amended as follows:

D101.1 – Table D104.1 {CFC text not modified}
D104.2 Exception: Projects having a gross building area of up to 124,000 square feet (11,520 m2) that have a single approved fire apparatus access road where all buildings are equipped throughout with approved with automatic sprinkler systems.

Secured energy generation or storage facilities, communication networks or similar utility scale, remotely monitored and minimally staffed projects that exceed 124,000 square feet (11,520 m2) may be approved via a Use Permit issued pursuant to the process set forth in FMC Chapter 18.230.

D104.3 – D108 {CFC text not modified}
Sec. 15.35.060 Adoption of 2022 CFC Chapter 1, Division II Scope and Administration.

Chapter 1, Division II of the 2022 California Fire Code is adopted by the city of Fremont and made a part of the Fremont fire code. References to model codes in the adopted sections shall mean the corresponding California Codes as adopted by the city of Fremont.

Sec. 15.35.070 Amendment to 2022 CFC Section 102 Applicability.

Section 102 of the 2022 California Fire Code is amended as follows:
102.1 – 102.2 {CFC text not modified}
102.3 Change of use or occupancy. No change shall be made in the use or occupancy of any structure that would place the structure in a different division of the same group or occupancy or in a different group of occupancies, unless such structure is made to comply with the requirements of this code and the California Building Code. Subject to the approval

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of the fire code official, the use or occupancy of an existing structure shall be allowed to be changed and the structure is allowed to be occupied for purposes of other groups without conforming to all the requirements of this code and the California Building Code for those groups, provided the new or proposed use is less hazardous, based on life and fire risk, than the existing use.

When a change of occupancy results in a structure being reclassified to a higher occupancy classification, an automatic fire extinguishing system and associated fire and life safety protection systems shall be provided in the building or tenant space, whichever is applicable, in accordance with Table 1011.5. Tenant spaces shall be separated from the remaining tenant spaces based on the non-sprinklered type of construction and occupancy in accordance with the CFC.
*Table 1011.5
Relative Hazard Occupancy Classifications
1 (Highest Hazard) H
2 I-2, I-3, I-4
3 A, E, I-1, M, R-1, R-2, R-4
4 B, F-1, R-3, S-1
5 (Lowest Hazard) F-2, S-2, U

*Ref: 2021 IEBC Chapter 10, Table 1011.5
102.4 – 102.12 {CFC text not modified}
Sec. 15.35.080 Amendment to 2022 CFC Section 105 (Permits).

Section 105 of the 2022 California Fire Code is amended as follows:
105.1 {CFC text not modified}
105.2 Application. Application for a permit required by this code shall be made to the fire code official in such form and detail as prescribed by the fire code official. Applications for permits shall be accompanied by such plans as prescribed by the fire code official. An application for a permit shall be accompanied by a fee established by resolution of the city council.
105.2.1. – 105.5.8 {CFC text not modified}
105.5.9 Compressed Gases. An operational permit is required for the storage, use, or handling at normal temperatures and pressures of compressed gases in excess of the amounts listed in Table 105.6.9 to install any piped distribution system for compressed gases, or to install a non-flammable medical gas manifold system. A permit is required to install, repair, abandon, remove, place temporarily out of service, close or substantially modify a compressed gas system.
105.5.10 {CFC text not modified}

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105.5.11 Cryogenic fluids. An operational permit is required to produce, store, transport on site, use, handle or dispense cryogenic fluids in excess of the amounts listed in Table 105.5.11. Except where federal or state regulations apply and except for fuel systems of a vehicle, a construction permit is required to install a cryogenic vessel or piping system for the storage or distribution of cryogens. See also Chapter 55.

Exception: Permits are not required for vehicles equipped for and using cryogenic fluids as a fuel for propelling the vehicle or for refrigerating the lading. 105.5.12 – 105.5.17 {CFC text not modified}
105.5.18 {CFC text not modified}

1. – 11. {CFC text not modified}

12. To store, handle or use class III-B liquids with a flashpoint of less than 500 degrees F. in excess of 110 gallons.

13. To install, alter, remove, test, abandon, place temporarily out of service or otherwise dispose of any flammable or combustible liquid tank.
105.5.19 – 105.5.26 {CFC text not modified}
105.5.27 Lumber Yards and Wood Working Plants. To operate any wood working plant.

See Chapter 28.
105.5.28 – 105.5.5.54 {CFC text not modified}
105.5.55 Christmas Tree Lot. To operate a Christmas Tree Sale Lot. See additional provisions in Section 806.
105.5.56 Fire Alarm or Sprinkler Monitoring System. No person shall install or cause to be installed any fire alarm signaling system or device designed to indicate a fire emergency without first obtaining a permit. Application and plans for such permit shall be made to the building and safety department.
105.6 – 105.6.24 {CFC text not modified}
Sec. 15.35.090 Amendment to 2022 CFC Section 112 (Violations).

Section 112 of the 2022 California Fire Code is amended as follows:
112.1 – 112.3.4 {CFC text not modified}
112.4 Violation penalties. A person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, installs, alters, repairs, or does work in violation of the approved construction documents or direction of the fire code official, or of a permit or certificate used under the provisions of this code, is guilty of an offense as set forth in FMC Section 1.15.010 et seq.

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112.4.1 Powers to Abate. The chief is authorized to abate a fire or life hazard when necessary to protect life or property. This may include, but is not limited to, confiscation of flammable liquids, fireworks, the removal of hazardous electrical wiring, temporary closure of commercial occupancies, extinguishing unsafe or illegal fires and any other similar hazards, determining no smoking areas, and ceasing operation of any type of apparatus that poses an imminent danger to property or life.
112.4.2 Violation. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this chapter.

Sec. 15.35.100 Amendment to 2022 CFC Section 202 (General definitions).

Section 202 of the 2022 California Fire Code is amended by adding or modifying the following definitions. The remaining definitions in Section 202 are not modified.

ABANDONED shall mean tanks out of service and not being monitored in accordance with this Article and the provisions of the California Health and Safety Code shall be considered abandoned.

CONTINUOUS GAS-DETECTION SYSTEM is a gas-detection system where the analytical instrument is maintained in continuous operation and sampling is performed without interruption. Analysis shall be performed on a cyclical basis at intervals not to exceed 5 minutes.

CORROSIVE LIQUID is a liquid which, when in contact with living tissue, will cause destruction or irreversible alteration of such tissue by chemical action. Examples include acidic, alkaline or caustic materials. Such material will be considered prima facie corrosive when the pH is 2 or less or 12.5 or more, except for foodstuffs or medicine. This includes materials classified by DOT and Title 22 as corrosives.

CURRENT CODE shall mean the edition of the California Building, Fire or other California Building Standards Codes published by the International Code Council as adopted by the city of Fremont under California Health and Safety Code Section 18941.5. The edition to be applied shall be that edition in effect at the time damage occurs.

ENGINEERING EVALUATION means an evaluation of a suspected damaged building or structure, performed under the direction of a fire protection engineer, structural engineer, civil engineer or architect retained by the owner of the building or structure. Engineering evaluations shall, at a minimum, contain recommendations for repair with an appropriate estimate of the construction cost for those repairs.

ESSENTIAL SERVICE FACILITY shall mean that building or structure which has been designated by the city council to house facilities that are necessary for emergency operations.

HIGHLY TOXIC {CFC text not modified}

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1. – 3. {CFC text not modified}

4. A chemical that has a health hazard ranking of 4 in accordance with NFPA Standard 704.

JURISDICTION means the city of Fremont.

LOCAL FIRE ALARM shall mean a fire alarm system provided for notification and evacuation of occupants. It shall have more than 1 notification appliance on each and every floor. The system may notify a monitoring company at the discretion of the fire marshal.

REMOVAL tanks abandoned or permanently out of service shall be removed from the ground. Tanks required to be removed by this code shall be removed and disposed of in a manner approved by the chief, or his authorized representative. Whenever a tank is required to be removed by this section, the chief may require removal of all levels of containment, foundations, structures, or similar items which would obstruct soil sampling or cleanup of contaminated soil.

REPLACEMENT VALUE is the dollar value, as determined by the building official based upon the square footage and the guidelines used in establishing the valuation of new construction, of replacing the damaged structure with a new structure of the same size, construction material and occupancy on the same site.

SECONDARY CONTAINMENT is that level of containment that is external to and separate from primary containment and is capable of safely and securely containing the material, without discharge, for a period of time reasonably necessary to ensure detection and remedy of the primary containment failure.

SEGREGATED is storage in the same room or area, but physically separated by distance and independent secondary containment from incompatible materials.

SEMICONDUCTOR FABRICATION FACILITY OR COMPARABLE
MANUFACTURING, RESEARCH AND DEVELOPMENT AREAS is a building or portion of a building classified as a Group H Occupancy in which electrical circuits or similarly manufactured devices are created.

SPECULATIVE WAREHOUSING is a building constructed without a specific use, occupancy hazard designation, or tenant. Buildings that do not have a designed fire sprinkler system for a specific use (occupancy) or storage commodity classification.

STORAGE OR USE FACILITY is a building, portion of a building, or exterior area used for the storage, use, or handling of hazardous materials where the quantity of hazardous materials is equal to or greater than the permit amounts specified in Chapter 1, Section 105.

STORAGE OR USE SYSTEM is any one or combination of tanks, sumps, waste treatment facilities, pipes, vaults or other portable or fixed containers, and their secondary containment systems which are used, or designed to be used, for the storage, use, or handling of hazardous materials at a storage or use facility. For purposes of this code, a workstation having limited

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quantities of hazardous materials shall not be treated as a storage system.

TEMPORARY INSTALLATIONS shall mean those that do not exceed 1 year.

TOXIC {CFC text not modified}

1. – 3. {CFC text not modified}

4. A chemical that has a health hazard rating of 3 in accordance with NFPA Standard 704.

VALUE OF REPAIR is the dollar value, as determined by the building official, of making the necessary repairs to a damaged structure.

WASTE OIL is a Class III-B waste liquid resulting from the use of Class III-B combustible liquids such as waste motor oil, hydraulic oil, lubricating oil, brake fluids and transmission fluids.

Sec. 15.35.110 Amendment to 2022 CFC Section 503 (Fire Apparatus Access Roads).

Section 503 of the 2022 California Fire Code is amended as follows:
503.1 – 503.2.8 {CFC text not modified}
503.3 Marking, Fire Lanes. Where necessary to maintain adequate emergency vehicle access to buildings or fire apparatus access roads, the Fire Code Official may establish designated "Fire Lanes."
503.3.1 Restrictions and requirements as specified in the California Vehicle Code shall apply to fire lanes established by this section.
503.3.2 The means by which fire lanes are designated or identified shall be maintained in a clean and legible condition at all times and or replaced when necessary to provide adequate visibility.
503.4 Obstruction of fire apparatus access road. Fire apparatus access roads shall not be obstructed in any manner, which includes parking of vehicles. The minimum width and clearances established by Section 503.2.1 or as applicable, Appendix Section D105, shall be maintained at all times.
503.4.1 – 503.5.2 {CFC text not modified}
503.6 {CFC text not modified}
503.6.1 Automatic security gates that cross fire department access roadways, shall be equipped with an approved key override switch, infrared receiver or GIS driven mechanism. 503.6.2 Manual security gates shall be equipped with an approved key box or Knox

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padlock.

Sec. 15.35.120 Amendment to 2022 CFC Section 506 (Key Boxes).

Section 506 of the 2022 California Fire Code is amended as follows:
506.1 – 506.2 {CFC text not modified}
506.3 Emergency information boxes. When an occupancy contains storage of hazardous materials that exceed the exempt amounts listed in Chapter 50 of the California Fire Code, or the occupancy is required by the fire chief to have available on site pre-fire plans, the fire chief may require an approved emergency information box be installed on the premises for the storage of such information. The emergency information box shall be installed in an approved location and the enclosed information shall be updated, annually or as changes dictate, by the occupant.

Sec. 15.35.130 Amendment to 2022 CFC Section 507 (Fire Protection Water Supplies).

Section 507 of the 2022 California Fire Code is amended as follows:
507.1 – 507.5 {CFC text not modified}
507.5.1 Distribution of fire hydrants. Fire hydrants shall be nominally spaced every 500 linear feet in residential areas comprised of single-family dwellings. In commercial or industrial areas, or in residential areas containing condominiums, townhouses, or apartments, fire hydrants shall be nominally spaced every 300 feet. The chief may require that fire hydrants be placed at closer intervals to conform to street intersections, unusual street curvatures, or fire flow requirements. Divided streets shall have hydrants on both sides of the street and shall, where applicable, be installed in alternate or staggered positions so that hydrants will not be directly across from each other.

Exception: deleted
507.5.1.1 – 507.5.6 {CFC text not modified}
507.5.7 Hydrants. The chief is authorized to determine the types of hydrants acceptable for installation. In areas where public or private water mains are not available for the provision of required fire flow, the fire chief may require that water supply for firefighting is provided in accordance with the most current addition of NFPA Standard #1142, (Standard on Water Supplies for Suburban and Rural Fire Fighting)
507.5.8 Hydrant Identification. All fire hydrants shall be identified with a reflective, raised, blue pavement marker installed in the centerline of public and private roadways perpendicular to the location of the hydrant. Fire hydrants shall also be painted in accordance with the standard detail issued by the city of Fremont. Public and private hydrants shall be periodically painted to maintain rust protection and visibility.

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Sec. 15.35.140 Amendment to 2022 CFC Section 508 (Fire Command Center).

Section 508 of the 2022 California Fire Code is amended as follows:
508.1 General. When required by other sections of this code and in all buildings 4 or more stories in height and all buildings classified as high-rise buildings by the California Building Code and Group I-2 occupancies having occupied floors located more than 75 feet (22,860mm) above the lowest level of fire department vehicle access, a fire command center for fire department operations shall be provided and shall comply with Sections 508.1.1 through 508.1.7.
508.1.1 - 508.1.2 {CFC text not modified}
508.1.3 {CFC text not modified}
Exception:

1. In buildings 4 or more stories in height, but not classified as a high-rise by the California Building Code, the fire command center shall be a minimum of 96 square feet (9 square meters) with a minimum dimension of 8 feet (2,438mm).

2. In buildings with 8 or fewer units, the fire command center shall be a minimum 48 square feet with a minimum dimension of 6 feet or as deemed necessary by the Fire Code Official to incorporate required features.
508.1.4 – 508.1.6 {CFC text not modified}
508.1.7 {CFC text not modified}
Exception: In buildings 4 or more stories in height, but not classified as a high-rise by the California Building Code
508.1.8 {CFC text not modified}
508.1.9 Floor Plan Signs. Buildings 4 or more stories in height and all buildings classified as high-rise buildings by the California Building Code shall post a floor plan sign which provides emergency procedures at every stairway landing, elevator landing, and immediately inside all public entrances to the building. Information contained in the floor plan signs shall include, but not be limited to the following:

1. Location of exits and fire alarm initiating stations;

2. Description of fire alarm sounds and appearance;

3. Fire Department emergency telephone number 911;

4. Prohibition of the use of elevators during emergencies;

5. Instructions to be followed by ambulatory, non-ambulatory, and disabled persons in

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the event of an emergency;

6. Notation “you are here” or other readily understandable marking specifying the location on the floor plan sign; and

7. Floor plan signs shall be printed in non-decorative lettering which shall not be less than 3/16 of an inch in height and shall provide a sharp contrast with the background.

The information shall accurately depict the layout of the floor where the sign is located.

Sec. 15.35.150 Amendment to 2022 CFC Section 903 (Automatic Sprinkler Systems).

Sections 903 of the 2022 California Fire Code are amended as follows:
903.1 – 903.1.1 {CFC text not modified}
903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this section.

Exceptions:

1. Automatic fire sprinkler protection for fixed guide way transit systems shall be as per Section 903.2.17.

2. Canopies over motor vehicle fuel dispensing facilities when constructed in accordance with Section 406.7.2 of the 2022 California Building Code.

3. Temporary construction trailers, less than 1,650 square feet, on-site less than 1 year and 10 feet from property lines, building, structures and combustibles.

4. The following detached Group U occupancies: Barns, fences more than 6 feet high, grain silos accessory to residential occupancies, green houses, gazebos or similar structures accessory to residential occupancies, livestock shelters, retaining walls, tool or storage sheds, stables, tanks, towers.

5. Detached Group U occupancies housing dumpsters or refuse containers with floor areas of 500 square feet or less are exempt from installation of automatic fire extinguishing systems.

6. Detached 1 story Group U occupancies housing dumpsters or refuse containers with floor area of 500 to 1500 square feet are exempt from installation of automatic fire extinguishing systems provided all of the following requirements are met:
a. Building is constructed to Type IV, Type V 1-Hour, or a higher fire-resistive construction, and
b. Minimum 5 foot setback to property line and 10 foot setback to any other building on

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the site is maintained.

7. Airport Control Towers (see 903.2.11.3 exception #1)

8. Parking shade structures or solar trellises when constructed of non-combustible materials, set back from property lines and separated from buildings in accordance with the California Building Code.
903.2.1 Group A and B. An automatic sprinkler system shall be provided throughout buildings and portions thereof used as Group A and B occupancies. 903.2.1.1 Group A-1. An automatic sprinkler system shall be provided throughout Group A- 1 occupancies.
903.2.1.2 Group A-2. An automatic sprinkler system shall be provided throughout Group A- 2 occupancies.
903.2.1.3 Group A-3. An automatic sprinkler system shall be provided throughout Group A- 3 occupancies.
903.2.1.4 Group A-4. An automatic sprinkler system shall be provided throughout Group A- 4 occupancies.
903.2.1.5 Group A-5. An automatic sprinkler system shall be provided throughout Group A- 5 occupancies.
903.2.1.6 – 903.2.1.7 {CFC text not modified}
903.2.2 Ambulatory care facilities. An automatic sprinkler system shall be provided throughout Ambulatory care facilities.
903.2.3 Group E. Except as provided for in Sections 903.2.3 for a new public-school campus and 907.2.3 (fire alarm and detection) for modernization of an existing public-school campus building(s), an automatic sprinkler system shall be provided for Group E occupancies. 903.2.4 Group F. An automatic sprinkler system shall be provided throughout all buildings containing Group F occupancies.
903.2.4.1 -903.2.4.2 {CFC text not modified}
903.2.4.3 Deleted
903.2.5 Group H. An automatic sprinkler system shall be provided throughout all buildings containing Group H occupancies.
903.2.5.1 – 903.2.5.4 {CFC text not modified}
903.2.6 Group I. An automatic sprinkler system shall be provided throughout buildings with a Group I fire area.

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903.2.6.1{CFC text not modified}
903.2.6.2 {CFC text not modified}
903.2.7 Group M. An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy.
903.2.7.1 {CFC text not modified}
903.2.7.2 - deleted
903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area. 903.2.8.1 – 903.2.8.4 {CFC text not modified}
903.2.9 Group S-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy.
903.2.9.1 – 903.2.9.3 {CFC text not modified}
903.2.9.4 - deleted
903.2.10 Group S-2. An automatic sprinkler system shall be provided throughout buildings classified as parking garages in accordance with Section 406.4 of the California Building Code or where located beneath other groups.
903.2.10.1 Commercial Parking Garages. An automatic sprinkler system shall be provided throughout buildings used for the storage of commercial trucks and buses. 903.2.10.2 {CFC text not modified}
903.2.11 Specific building areas and hazards. In all occupancies, an automatic sprinkler system shall be installed for building design or hazards in the locations set forth in Sections 903.2.11.1 through 903.2.11.6.
903.2.11.1 Stories without openings. An automatic sprinkler system shall be installed throughout every story or basement without openings.
903.2.11.1.2 through 903.2.11.1.3 - deleted
903.2.11.2 {CFC text not modified}
903.2.11.3 {CFC text not modified}
Exceptions – deleted
903.2.11.4 – 903.2.17.2.6 {CFC text not modified}

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903.2.18 Group U private garages and carports accessory to Group R-3 occupancies.

Carports and garages, accessory to Group R-3 occupancies, shall be protected by residential fire sprinklers in accordance with this section. Residential fire sprinklers shall be connected to, and installed in accordance with, an automatic residential fire sprinkler system that complies with Section R313 of the California Residential Code or with NFPA 13-D. Fire sprinklers shall be residential or quick response sprinklers, designed to provide a minimum density of .05 gpm/ft2 over the area of the garage and/or carport, but not to exceed 2 sprinklers for hydraulic calculation purposes. Garage doors shall not be considered obstructions with respect to sprinkler placement.

Exception: Group U private garages and carports attached to Group R-3 Accessory Dwelling Units.
903.2.19 – 903.2.21 {CFC text not modified}
903.2.22 Additions to Group A, B, E, F, H, I, L, M, R, S, and certain miscellaneous Group U occupancies. For additions to existing Groups A, B, E, F, H, I, L, M, R, S, and U occupancies not exempted in 903.2, an automatic fire extinguishing system (AFES) shall be required throughout the entire building when 1 of the following thresholds is exceeded. For purposes of floor area calculations, Group U (attached private garages or similar) occupancies shall be included in the floor area calculation.

1. The combined floor area of the existing building plus the addition exceeds 5,000 square feet.

2. The addition exceeds 2,500 square feet.

3. The addition increases the floor area of the existing building by 50%. The increase in floor area shall be calculated cumulatively from July 1, 1999.

Exception: The existing portion of a 1 or 2 story building with no basement does not require automatic fire extinguishing systems when the following conditions are met:
(a) The addition is protected by an AFES.
(b) The addition and the existing structure are separated from the remaining spaces based on the non-sprinklered type of construction and occupancy in accordance with the CFC, including any required protection and fire rated openings. (c) An Assembly, Education, Institutional and Multi-Family Residential occupancy installs an underwriter laboratory certified and National Fire Protection Association Standard 72 compliant fire alarm system.
903.2.23 Additions to existing R-3 occupancies. For additions to R-3 occupancies, an automatic fire extinguishing system (AFES) shall be required throughout the entire building when one of the following thresholds is exceeded. For purposes of floor area calculations, Group U attached private garages, or similar occupancies shall be included in the floor area calculation:

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1. The combined floor area of the existing building plus the addition exceeds 5,000 square feet.

2. The addition increases the floor area of the existing structure by 50 percent.

Exception: The entire residence including the addition does not require an AFES when the following conditions are met:
(a) The approved addition is less than 500 square feet and the cumulative floor area is 5,000 square feet or less
or
The approved addition is less than 1,000 square feet, the cumulative floor area is 5,000 square feet or less and an approved local, hard wired or similarly configured, fire alarm and smoke detection system is installed throughout the existing structure and the addition.
(b) No Planning or Building Department variances or exceptions are needed to accommodate the addition.
(c) Exception (a) may be used cumulatively for conversion(s) of existing space to habitable space occurring after July 1, 1999, until the addition(s) total more than 50 percent of the original floor area.
903.2.24 Repair/Retrofit. All occupancies except Group U occupancies exempted in 903.2 damaged during a fire or natural disaster shall require an automatic fire-extinguishing system to be installed in the entire structure. Retrofit criteria shall be as follows:

1. All installations of automatic fire extinguishing systems and signaling devices shall comply with the current code.

2. Any occupancy that has been damaged as a result of a fire or natural disaster, except as otherwise noted, shall be retrofitted with an automatic fire extinguishing system to the entire building and structure in accordance with the following criteria:
(a) When the estimated value of repair is less than 50 percent of the replacement value of the structure, the damaged portion(s) may be restored to their pre-damaged condition. (b) When the estimated value of repair is 50 percent or more of the replacement value of the structure, the entire building shall be retrofitted with an automatic fire extinguishing system.
903.2.25 Retrofit for Essential Services Facilities. When the estimated value of repair contained in the engineering evaluation is more than 30 percent of the replacement value of the structure, the entire building shall be retrofitted with an automatic fire extinguishing system.

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903.2.26 Retrofit for Historic Buildings or Structures. The minimum criteria for retrofit of Historic Buildings or Structures shall be as included in FMC Section 15.95.070, with due consideration given to the historical rating and nature of the structures. Additional standards and criteria, as noted in the California Code of Regulations and the State of California Historic Building Code, shall apply.

Where conflicts exist between the standards contained herein and the State of California Historic Building Code, the Historic Building Code shall govern. 903.2.27 Alterations to existing R-1, R-2, R-2.1 and R-4 Occupancies. Where the gross floor area of a proposed alteration and the gross floor area of any alterations that have been undertaken in a 10 year time period starting from January 1, 2017 that exceeds 50 percent of the existing gross floor area of the building, an automatic fire extinguishing system (AFES) shall be required throughout the entire building.

The standard for calculating the size of alteration for determining the threshold for fire sprinkler systems shall be:

1. The square footage of every room being added or altered shall be included in the calculation of total square footage of addition or alteration.

2. The entire square footage of an individual room shall be considered added or altered when at least 50 percent or greater of the linear length of interior wall sheeting or ceiling of any one wall within the room is new, removed, or replaced. 903.3 through 903.3.1.1.1 {CFC text not modified}
903.3.1.1.2 Deleted
903.3.1.1.3 {CFC text not modified}
903.3.1.2. NFPA 13R in Group R Occupancies. Automatic sprinkler system in group R occupancies up to and including 4 stories in height shall be permitted to be installed throughout in accordance with NFPA 13R as amended in Chapter 80 and as follows.

The sprinkler system shall include protection in the following areas: garages, carports, bathrooms, concealed spaces, closets, water heater closets, laundry rooms, attic spaces, under walkways, or overhangs, balconies or decks greater than 4 feet in depth, at each floor under stair landing that is wholly or partially enclosed, and other areas where deemed necessary by the Fire Chief and the Building Official to protect the public health and safety. 903.3.1.2.1 - deleted
903.3.1.2.2 - 903.3.1.3 {CFC text not modified}
903.3.1.3.1 NFPA 13D in Group R-3 Occupancies. An automatic fire sprinkler system shall be installed in all Group R-3 occupancies including garages, detached garages, and other attached rooms.

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When an Automatic Fire Extinguishing System is required, the system in R-3 occupancies up to 12,000 square feet may be installed to a modified NFPA 13D standard as follows:

A modified NFPA 13D system shall include areas such as; garages, carports, bathrooms, concealed spaces, closets, water heater closets, laundry rooms and attic spaces, under walkways, overhangs or balconies over four feet in depth, at each floor under stair landing that is wholly or partially enclosed; and meet the following requirements:

1. A 1 inch water meter or larger may be required to meet AFES hydraulic calculations.

2. For new residences over 5,000 square feet, hydraulic calculations shall be required for all sprinkler heads in the most remote fire area up to a maximum of four sprinkler heads. For new residences of less than 5,000 square feet, hydraulic calculations shall be required for all sprinkler heads in the most remote area up to a maximum of 2 sprinkler heads.

3. 5 gallons per minute for domestic use shall be added at the domestic and fire water supply split point.

4. In residences with high, sloped, beamed, soffited, cathedral ceilings or smooth flat ceilings greater than nine feet, additional fire sprinkler head discharge calculations may be required.

5. Each system shall have a single control valve arranged to shut off both the domestic and sprinkler systems.

6. In residential sprinkler projects, the fire chief with the concurrence of the building official may grant alternate methods of construction.

Exceptions. This section does not apply to:
(a) Any structure exempt from permit requirements per the currently adopted California Building Code or the California Fire Code is exempt from the requirements for fire sprinklers.
(b) All exterior decks without roof covering adjacent to R-3 occupancies, unless otherwise required by the Fire Chief or Building Official. This exemption shall not apply to R-3 occupancies in the Wildland Urban Interface. 903.3.2 through 903.3.5.2 {CFC text not modified}
903.3.5.3 Underground water supply. The location of the fire department connection, post indicator valve and the routing of the water supply for multi-building facilities or buildings over 300,000 square feet shall be evaluated on an individual basis.

Underground fire lines to the automatic sprinkler risers and fire hydrants to buildings over 300,000 square feet shall have separate loops. The same 2 points of connection to the public water supply can be utilized with separate piping to each loop of each building. Post

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Indicator Valve (PIV) shall be located after each backflow preventer and a Fire Department Connection (FDC) sufficient to provide the fire flow demand after the PIV at 1 point of connection.

903.3.6 {CFC text not modified}
903.3.7 Fire department connections. A fire department connection shall be provided for all buildings, or when the Fire Code Official deems them necessary. The type and location of fire department connections shall be approved by the fire code official.

Exception: Group R-3 occupancies less than 12,000 square feet do not require fire department connections.
903.3.8 – 903.3.8.5 {CFC text not modified}
903.3.9 Floor control valves. Floor control valves and waterflow detection assemblies shall be installed at each floor. An exterior control valve shall be provided for all buildings except Group R, Division 3 occupancies.

Exception: Group R-2 without an interior hallway, R-3 and R-3.1. 903.3.10 Underground corrosion protection. A corrosion protection plan, including details and specifications for all ferrous underground piping must be designed and provided by a corrosion engineer certified by the National Association of Corrosion Engineers (NACE) or its equivalent.

Exception: underground piping systems with cathodic protection on all ferrous piping. 903.3.11 Control Valves. Control valves and flow switches shall be installed on each floor.

All control valves shall be monitored by a Central Station. 903.3.12 Stages. All stages shall be provided with an automatic fire extinguishing system.

Such systems shall be provided throughout the stage and in dressing rooms, workshops, storerooms and other accessory spaces contiguous to such stages. 903.3.13 Stairs. An automatic sprinkler system shall be installed in enclosed usable space below or over a stairway in all occupancies.
903.3.14 Speculative Warehousing. The sprinkler system shall be designed to discharge at the following rates:

1. Where clear ceiling heights are 20 feet or less, 0.33 gallons per minute, per square foot, over a minimum area of 3,000 square feet.

2. Where clear ceiling heights are between 20 and 30 feet, 0.495 gallons per minute, per square foot, over a minimum area of 3,000 square feet.

3. Where clear ceiling heights are over 30 feet, 0.60 gallons per minute, per square foot,

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over a minimum of 3,000 square feet.
903.3.15 Modification to existing automatic fire extinguishing system (AFES). All changes or additions to any existing automatic fire sprinkler systems or underground fire lines must comply with all regulations within this section.
903.4 {CFC text not modified}
Exceptions:

1. - 4. {CFC text not modified}

5. deleted

6. - 7. {CFC text not modified}
903.4.1 Monitoring. Alarm, supervisory and trouble signals shall be distinctly and descriptively different, transmitted to the control panel, local annunciator and automatically transmitted to an approved central station, remote supervising station, or proprietary supervising station as defined in NFPA 72 and the most current version of Fire Department Standard 25A. When approved by the fire code official, signals may sound an audible signal at a constantly attended location.

Exceptions: {CFC text not modified}
903.4.2 Alarms. Approved audible devices shall be connected to every automatic sprinkler system. Such sprinkler water-flow alarms devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system.

Audible notification devices shall be provided inside each tenant space in a normally occupied area and on the exterior of the building in an approved location. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall activate the building fire alarm system. Visible alarm notification appliances shall not be required except when required by Section 907.

Group R-3 occupancies shall have local alarms. Local alarms shall be of sufficient intensity to be clearly audible in all bedrooms over background noise levels with all intervening doors closed.

1. An exterior alarm bell shall be installed on the front 1/3 of the building facing public or private street access.

2. Interior alarm devices (minimum DCBL rating of 88) may be recessed into the wall, centrally located between sleeping rooms in hallway.

3. Such alarms shall be audible in all sleeping rooms with doors closed. 903.4.3 {CFC text not modified}

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903.4.4 Central Station Monitoring. An approved central alarm monitoring company shall mean approved by the State Fire Marshal or a nationally recognized testing laboratory. All alarm transmitting devices and systems shall be installed and maintained in accordance with nationally recognized standards.

Valve supervision, water-flow alarm and trouble signals shall be distinctly different and shall be automatically transmitted to an approved central station, remote station or proprietary supervising station as defined by national standards or, when approved by the building official with the concurrence of the fire chief, sound an audible signal at a consistently attended location.

Exceptions:
(a) Underground key or hub valves in roadway boxes provided by the municipality or public utility need not be supervised.
(b) Monitored systems are not required for Group R, Division 3 occupancies. 903.5 – 903.6 {CFC text not modified}
Sec. 15.35.160 Amendment to the 2022 CFC Section 904 (Alternative Automatic Fire-Extinguishing Systems).

Section 904 of the 2022 California Fire Code is amended as follows:
904.1 – 904.3.4 {CFC text not modified}
904.3.5 Monitoring. Where a building fire alarm system is installed, automatic fire- extinguishing systems shall be monitored by the building fire alarm system in accordance with NFPA 72 and Fire Department Standard 25A.
904.4 - 904.14.2 {CFC text not modified}
904.15 Ventilating Hood and Duct Systems and Air Handlers. All buildings with an existing or new fire alarm/sprinkler monitoring control panel shall interconnect all hood and duct systems and air handlers over 2000 cfm to the alarm panel. The hood and duct shall report to a central station as a fire condition. Air handlers shall report as a supervisory or trouble condition when the building is provided with fire sprinklers. They shall report as an alarm in buildings without fire sprinklers.

Sec. 15.35.170 Amendment to 2022 CFC Section 905 (Standpipes).

Section 905 of the 2022 California Fire Code is amended as follows:
905.1 {CFC text not modified}
905.1.1 Hose connections. All Class I, II and III standpipe outlets in multi-storied buildings or buildings with basements shall be installed on intermediate landings between floors.

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905.2 – 905.3.1 {CFC text not modified}
905.3.2 Group A. Class I standpipes shall be provided in Group A buildings having an occupant load exceeding 1,000 persons.

Exceptions:

1. {CFC text not modified}

2. deleted
905.3.3 – 906.10 {CFC text not modified}
Sec. 15.35.180 Amendment to the 2022 CFC Section 907 (Fire Alarm and Detection Systems).

Section 907 of the 2022 California Fire Code is amended as follows:
907.1 – 907.1.2 {CFC text not modified}
907.1.3 Equipment. Systems and their components shall be California State Fire Marshal listed and approved for the purpose for which they are installed. The building owner shall provide a serially numbered certificate from an approved nationally recognized testing laboratory for all fire alarm systems indicating that the system has been installed in accordance with the approved plans and specification and meets minimum NFPA Standards.

A copy shall be provided to the fire marshal's office at no cost to the city. Certification shall be required for all new systems installed after January 1, 1996. Existing systems that can no longer be serviced or maintained or those that are deemed problematic shall also be required to obtain this certification within 12 months of notification. 907.1.3.1 Remote Annunciator Location. All new or existing systems that require a new Fire Alarm Control Panel shall have a remote annunciator at the main entrance. It shall be visible to approaching emergency personnel.
907.1.4 – 907.1.5 {CFC text not modified}
907.2 {CFC text not modified}
Exceptions:

1. deleted

2. – 3. {CFC text not modified}
907.2.1 – 907.2.5.1 {CFC text not modified}
907.2.5.2 All new H occupancies, or existing H occupancies that require a new fire alarm control panel, and that have a local detection system(s) shall interconnect, or otherwise

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configure, the system(s) to report to a Central Station as a fire condition or alarm condition.

The report shall be in nomenclature easy to understand (e.g. Water, not H20). 907.2.6 – 907.2.29.1 {CFC text not modified}
907.3 Fire safety functions. Automatic fire detectors utilized for the purpose of performing fire safety functions shall be connected to the building’s fire alarm control unit where a fire alarm or sprinkler monitoring system is installed. Detectors shall, upon actuation, perform the intended function and activate the alarm notification appliance or activate a visible and audible supervisory signal at a constantly attended location when approved by the Fire Code Official. In buildings not required to be equipped with a fire alarm or sprinkler monitoring system, the automatic fire detector shall be powered by normal electrical service and, upon actuation, perform the intended function. The detectors shall be located in accordance with NFPA 72 and Fire Department Standard 25A.
907.3.1 Duct Smoke Detectors. Smoke detectors installed in ducts shall be listed for the air velocity, temperature and humidity present in the duct. Duct smoke detectors shall be connected to the building’s fire alarm control unit when a fire alarm/sprinkler monitoring is installed. Activation of a duct smoke detector shall initiate a visible and audible supervisory signal at a central station or when approved by the Fire Code Official at a constantly attended location and shall perform the intended fire safety function in accordance with this code and the California Mechanical Code. Duct smoke detectors shall not be used as a substitute for required open area detection.

Exceptions:

1. The supervisory signal at a constantly attended location is not required where duct smoke detectors activate the building’s notification appliances.

2. In occupancies, not required to be equipped with a fire alarm or sprinkler monitoring system, actuation of a smoke detector shall activate a visible and an audible signal in an approved location and shall be identified as air duct detector supervisory. 907.3.2 - 907.6.1.1 {CFC text not modified}
907.6.2 Power Supply. The primary and secondary power supply for the alarm system shall be provided in accordance with NFPA 72 and Fire Department Standard 25A.

Exception: {CFC text not modified}
907.6.3 Initiating device identification. The fire alarm/fire sprinkler monitoring system shall identify the specific initiating device address/zone, location, device type, floor level per the Fire Department Standard 25A including indication of normal, alarm, trouble and supervisory status as appropriate.

Exception:

1. deleted

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2. deleted

3. deleted

4. Fire alarm systems or devices that have multiple devices on a single zone and the existing wiring can be used with the new replacement system. 907.6.3.1 {CFC text not modified}
907.6.4 Zones. Fire alarm and sprinkler monitoring systems shall be divided into zones where required by this section. For the purposes of annunciation and notification, zoning shall be in accordance with Fire Department Standard 25A. 907.6.4.1 - 907.6.4.1.1 {CFC text not modified}
907.6.4.2 High-rise buildings. In high-rise buildings, and Group I-2 occupancies having occupied floors located more than 75 feet (22,860mm) above the lowest level of fire department vehicle access, a separate zone by floor shall be provided for all of the following types of alarm-initiating devices where provided:

1. Smoke detectors.

2. Sprinkler water-flow devices.

3. Manual fire alarm boxes.

4. Other approved types of automatic fire detection devices or suppression systems in accordance with Fire Department Standard 25A.
907.6.4.3 {CFC text not modified}

1. Fire alarm initiating devices with individual annunciation in accordance with the Fire Department Standard 25A.

2. {CFC text not modified}

3. Fire alarm system troubles in accordance with the Fire Department Standard 25A.

4. {CFC text not modified}

5. {CFC text not modified}
907.6.4.4 - 907.6.5 {CFC text not modified}
907.6.6 Monitoring. Fire alarm system shall transmit distinctly and descriptively different alarm, supervisory and trouble signals to an approved supervising station in accordance with NFPA 72 and Fire Department Standard 25A or when approved by the Fire Code Official, shall sound an audible signal at a constantly attended location.

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907.6.6.1 – 907.10 {CFC text not modified}
Sec. 15.35.190 Amendment to 2022 CFC Section 914 (Fire Protection Based on Special Detailed Requirements of Use and Occupancy).

Section 914 of the 2022 California Fire Code is amended as follows:
914.1 – 914.2.2 {CFC text not modified}
914.2.3 Emergency voice/alarm communication system. A covered mall building or buildings within the perimeter line of an open mall shall be provided with an emergency voice/alarm communication system. Emergency voice/alarm communication system serving a mall, required or otherwise, shall be accessible to the fire department. The system shall be provided in accordance with Section 907.5.2.2.

914.2.4 – 914.11.3 {CFC text not modified}
914.12 Building 4 stories or more. Buildings 4 stories or more measured from the Fire department access roadway shall be provided with an emergency voice/alarm communication system. Emergency voice/alarm communication system required or otherwise, shall be accessible to the fire department. The system shall be provided in accordance with Section 907.5.2.2
Sec. 15.35.200 Reserved.

Sec. 15.35.210 Amendment to 2022 CFC Section 4902 (Definitions).

Section 4902 of the 2022 California Fire Code is amended by modifying the following definitions in Section 4902.1. All other provisions of Section 4902 are not modified.

LOCAL RESPONSIBILITY AREA (LRA) means those areas designated by the city of Fremont as Very High Fire Hazard Severity Zones in Fremont Municipal Code Chapter

15.65. WILDLAND-URBAN INTERFACE is a geographical area identified by the state as a “Fire Hazard Severity Zone” in accordance with Public Resources Code Sections 4201 through 4204 and Government Code Sections 51175 through 51189, and includes those areas designated by the city of Fremont as Very High Fire Hazard Severity Zones in Fremont Municipal Code, Chapter 15.65.

Sec. 15.35.220 Amendment to 2022 CFC Section 4903 (Fire Protection Plans).

Section 4903 of the 2022 California Fire Code is amended as follows:
4903.1 {CFC text not modified}
4903.2 Contents. The fire protection plan shall be based on a project-specific wildfire hazard assessment that includes considerations of location, topography, aspect, and climate and fire

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history. The plan shall identify conformance with all applicable state wildfire protection regulations, statutes and Fremont Municipal Code, Chapter 15.35.220, whichever are more restrictive.

The plan shall address fire department access, egress, road and address signage, fire protection systems and equipment, water supply in addition to fuel reduction in accordance with Public Resources Code (PRC) 4290; the defensible space requirements in accordance with PRC 4291 or Government Code 51182; and the applicable building codes and standards for wildfire safety. The plan shall identify mitigation measures to address the project’s specific wildfire risk and shall include the information required in Section 4903.2.1. 4903.2.1 – 4903.2.1.2 {CFC text not modified}
4903.3 Cost. The cost of fire protection plan preparation and review shall be the responsibility of the applicant.

Sec. 15.35.230 Amendment to 2022 CFC Section 4905 (Wildfire Protection Building Construction).

Section 4905 of the 2022 California Fire Code is amended as follows:
4905.1 - 4905.2 {CFC text not modified}
4905.3 Establishment of limits. The establishment of limits for the Wildland-Urban Interface (WUI) Fire Area’s required construction methods shall be designated under the California Public Resources Code for the State Responsibility areas and by the areas designated as Very High Fire Hazard Severity Zones by the city of Fremont under Government Code Section 51179 as set forth in Fremont Municipal Code, Chapter 15.65 for areas outside the State Responsibility areas and within the city of Fremont.

Sec. 15.35.240 Reserved.

Sec. 15.35.250 Amendment to 2022 CFC Section 5001 (General).

Section 5001 of the 2022 California Fire Code is amended as follows:
5001.1 –5001.5 {CFC text not modified}
5001.5.1 {CFC text not modified}

1. – 9. {CFC text not modified}

10. The HMMP, also known as the Hazardous Materials Business Plan (HMBP) and HMIS are to be reviewed at a minimum of once per year and any needed changes made and submitted to the fire chief as provided in Fremont Municipal Code Section

8.35.010 et seq. Major changes to the facility may require updating of the HMBP and HMIS more often than annually.

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11. If the chief, or his authorized representative, determines that a facility poses a significant likelihood of risk to public health and safety or the environment, whether or not the facility handles regulated materials (federal and state RMP chemicals), the fire chief can require at the expense of the owner or operator that the facility prepare a California Accidental Release Prevention Program in accordance with the California Health and Safety Code Sections 25500 et seq.

The HMMP shall comply with Health and Safety Code, Chapter 6.95, Sections 25500 through 25545, and Title 19, Division 2, Chapter 4.
5001.5.2 {CFC text not modified}
Sec. 15.35.260 Amendment to 2022 CFC Section 5003 (General Requirements).

Section 5003 of the 2022 California Fire Code is amended as follows:
5003.1 – 5003.2.4 {CFC text not modified}
5003.2.4.1 Underground Tanks. Underground tanks used for the storage of liquid hazardous material shall be provided with secondary containment. In lieu of providing secondary containment for an underground tank, an above-ground tank in an underground vault complying with Section 5704.2.8 may be permitted.

Underground tanks shall also comply with the laws and regulations set forth in Chapter 6.7, Division 20, Sections 25280 through 25299.7, Underground Storage of Hazardous Substances, of the California Health and Safety Code and the associate regulations in the California Code of Regulations Title 23, Waters, Chapter 3, Water Resources Control Board, subchapter 16, Underground Tank Regulations, as amended, are adopted by reference to be the minimum standards in effect in the city. The city can require more stringent standards through other sections of this Code.
5003.2.4.2 – 5003.2.9.2 {CFC text not modified}
5003.2.10 Fire Protection for Workstations. When the building is protected by an automatic fire protection system, an approved fire protection system in accordance with Section 2703.10 shall be provided for all combustible (plastic) workstations where hazardous materials are dispensed, stored or used.

Exception: Internal fire protection is not required for Biological Safety Cabinets that carry NSF/ANSI certification and where aggregate quantities of flammable liquids in use or storage within the cabinet do not exceed 500ml.

The chief may approve alternate automatic fire-extinguishing systems. Activation of such systems shall deactivate the related processing equipment. An alternative automatic fire- extinguishing system other than automatic fire sprinkler heads may be installed where:

1. In process equipment that operates at temperatures exceeding 932 degrees F (500 degrees C).

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2. In exhaust ducts 10 inches (254 mm) or less in diameter for flammable gas storage cabinets that are part of a workstation.
5003.3 – 5003.5 {CFC text not modified}
5003.5.1 Markings. Individual containers, cartons or packages shall be conspicuously marked or labeled in an approved manner. Rooms or cabinets containing compressed gases shall be conspicuously labeled: COMPRESSED GAS. Product conveying ducts for venting hazardous materials operations shall be labeled with the hazard class of the material being vented and the direction of flow.
5003.6 –5003.9.10 {CFC text not modified}
5003.9.11 Monitoring. Liquid and solid hazardous materials storage or use systems must be monitored on a regular or continuous basis. A written monitoring plan must be submitted for approval by the chief and must be included in the Hazardous Materials Business Plan.

Monitoring methods may include but are not limited to the following:

1. Visual inspection, no less than monthly (requires trained personnel and documentation).

2. Approved continuous leak detection and alarm system.

3. Any system which will provide continuous, reliable monitoring of the primary container(s) capable of alerting occupants to an alarm or trouble condition; all systems are subject to approval by the chief.
5003.9.12 Spill Control for hazardous materials liquids. Regardless of the exempt amounts and containment requirements in Chapter 50, all containers of liquid hazardous materials regulated by this or any other article shall be provided with an approved means to control spills. The spill control shall take into consideration the amount and hazard of the materials and the nature of the facility.
5003.9.13 Secondary Containment requirements. When deemed necessary to protect life safety, emergency responders, or the environment and regardless of the exempt amounts and secondary containment requirements in Chapter 50, the fire chief, or his designee, may require containers of liquid, solid, or gaseous hazardous materials regulated by this or any other article to be provided with secondary containment in accordance with Section 5004.2.2.

If parts of this Code differ in their requirements for secondary containment, the more stringent shall apply. The chief may require outside containment areas to be covered with a roof or canopy for protection from the environment.
5003.10 – 5003.12 {CFC text not modified}
Sec. 15.35.270 Amendment to 2022 CFC Section 5004 (Storage).

Section 5004 of the 2022 California Fire Code is amended as follows:

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5004.1 Scope. Storage of hazardous materials in amounts exceeding the maximum allowable quantity per control area as set forth in Section 5003.1 shall be in accordance with Sections 5001, 5003, and 5004. Storage of hazardous materials in amounts not exceeding the maximum allowable quantity per control area as set forth in Section 5003.1 shall be in accordance with Sections 5001 and 5003. Retail and wholesale storage and display of nonflammable solid and nonflammable and noncombustible hazardous materials in Group M occupancies and Group S storage shall be in accordance with Section 5003.11.

Notwithstanding CFC Chapter 50, hazardous materials present below the exempt amounts specified in Section 5003.1 shall be provided with an approved method of spill protection designed to address a release from the single largest container. The spill protection shall take into consideration the amount and hazard of the materials and the nature of the facility. 5004.2 {CFC text not modified}
5004.2.1 Spill control for hazardous materials liquids. Rooms, buildings or areas used for the storage of hazardous materials in excess of their permit amount or 55 gallons, whichever is less, shall be provided with spill control to prevent the flow of liquids to adjoining areas.

Floors in indoor locations and similar surfaces in outdoor locations shall be constructed to contain a spill from the largest single vessel by one of the following methods:

1. Liquid-tight sloped or recessed floors in indoor locations or similar areas in outdoor locations.

2. Liquid-tight floors in indoor locations or similar areas in outdoor locations provided with liquid-tight raised or recessed sills or dikes.

3. Sumps and collection systems.

4. Other approved engineered systems.

Except for surfacing, the floors, sills, dikes, sumps and collection systems shall be constructed of noncombustible material, and the liquid-tight seal shall be compatible with the material stored. When liquid-tight sills or dikes are provided, they are not required at perimeter openings that are provided with an open-grate trench across the opening that connects to an approved collection system.
5004.2.2 Secondary containment for hazardous materials liquids and solids. Buildings, rooms or areas used for the storage of hazardous materials liquids or solids shall be provided with secondary containment in accordance with this section when the capacity of an individual vessel or the aggregate capacity of multiple vessels exceeds the following:

1. Liquids: Capacity of an individual vessel exceeds 55 gallons (208.2L) or the aggregate capacity of multiple vessels exceeds 1,000 gallons (3,785L); and

2. Solids: Capacity of an individual vessel exceeds 550 pounds (248.8 kg) or the aggregate capacity of multiple vessels exceeds 10,000 pounds (4,524.8 kg).

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5004.2.2.1 Containment and drainage methods. The building, room or area shall contain or drain the hazardous materials and fire-protection water through the use of 1 of the following methods:

1. Liquid-tight sloped or recessed floors in indoor locations or similar areas in outdoor locations.

2. Liquid-tight floors in indoor locations or similar areas in outdoor locations provided with liquid-tight raised or recessed sills or dikes.

3. Sumps and collection systems.

4. Drainage systems leading to an approved location.

5. Other approved engineered systems.
5004.2.2.2 Incompatible materials. Incompatible materials shall be separated from each other in discrete secondary containment system(s).
5004.2.2.3 – 5004.2.2.6 {CFC text not modified}
5004.2.2.7 Weather protection. The chief may require weather protection for exterior storage and containment of hazardous materials.

Table 5004.2.2 (Required Secondary Containment-Hazardous Materials Solids and Liquids Storage) is deleted.
5004.2.3 – 5004.13 {CFC text not modified}
Sec.15.35.280 Amendment to 2022 CFC Section 5005 (Use, Dispensing and Handling).

Section 5005 of the 2022 California Fire Code is amended as follows:

Table 5005.2.1.4 (Required Secondary Containment-Hazardous Liquids Use) is deleted. 5005.1 – 5005.2.1.2 {CFC text not modified}
5005.2.1.3 Spill control for hazardous materials liquids. Buildings, rooms or areas where hazardous materials liquids are dispensed into vessels or used in open systems shall be provided with spill control in accordance with Section 5004.2.1. 5005.2.1.4 Secondary containment for hazardous materials liquids. Buildings, rooms or areas where hazardous materials liquids are dispensed or used in open vessels or systems shall be provided with secondary containment in accordance with Section 5004.2.2 when the capacity of an individual vessel or system or the capacity of multiple vessels or systems exceeds the following:

1. Individual Vessel or System: Greater than 1.3 gallons (5 L)

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2. Multiple Vessels or Systems: Greater than 5.3 gallons (20 L) 5005.2.2 – 5005.2.2.2 {CFC text not modified}
5005.2.2.3 Spill control for hazardous materials liquids. Buildings, rooms or areas where hazardous materials liquids are used shall be provided with spill control in accordance with Section 5004.2.1.
5005.2.2.4 Secondary containment for hazardous materials liquids. Buildings, rooms or areas where hazardous materials liquids are used in vessels or systems shall be provided with secondary containment in accordance with Section 5004.2.2 when the capacity of an individual vessel or system or the capacity of multiple vessels or systems exceeds the following:

1. Individual Vessel or System: Greater than 55 gallons (208.2 L)

2. Multiple Vessels or Systems: Greater than 1,000 gallons (3785 L) 5005.3 – 5005.3.3 {CFC text not modified}
5005.3.4 Spill control for hazardous materials liquids in open systems. Outdoor areas where hazardous materials liquids are dispensed or used in open systems shall be provided with spill control in accordance with Section 5004.2.1.
5005.3.5 Secondary containment for hazardous materials liquids in open systems. Buildings, rooms or areas where hazardous materials liquids are dispensed or used in open systems shall be provided with secondary containment in accordance with Section 5004.2.2 when the capacity of an individual vessel or system or the capacity of multiple vessels or systems exceeds the following:

1. Individual Vessel or System: Greater than 1.3 gallons (5 L)

2. Multiple Vessels or Systems: Greater than 5.3 gallons (20 L) 5005.3.6 Spill control for hazardous materials liquids in closed systems. Outdoor areas where hazardous materials liquids are used in closed systems shall be provided with spill control in accordance with Section 5004.2.1.
5005.3.7 Secondary containment for hazardous materials liquids in closed systems. Outdoor areas where hazardous materials liquids are dispensed or used in closed systems shall be provided with secondary containment in accordance with Section 5004.2.2 when the capacity of an individual vessel or system or the capacity of multiple vessels or systems exceeds the following:

1. Individual Vessel or System: Greater than 55 gallons (208.2 L)

2. Multiple Vessels or Systems: Greater than 1,000 gallons (3785 L)

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5005.3.8 – 5005.4.4 {CFC text not modified}
Sec. 15.35.290 Amendment to 2022 CFC Section 5601 (General).

Section 5601 of the 2022 California Fire Code is amended as follows:
5601.1 – 5601.1.2 {CFC text not modified}
5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks are prohibited.

Exceptions:

1. deleted

2. deleted
3-4. {CFC text not modified}
5601.1.4 – 5601.8.1.4 {CFC text not modified}
Sec. 15.35.300 Amendment to 2022 CFC Section 5605 (Manufacture, Assembly and Testing of Explosives, Explosive Materials and Fireworks).

Section 5605 of the 2022 California Fire Code is amended to read:
5605.1 General. The manufacture, assembly and testing of explosives, ammunition, blasting agents and fireworks shall be prohibited.

Exceptions:

1. The hand loading of small arms ammunition prepared for personal use and not offered for resale.

2. The mixing and loading of blasting agents at blast sites in accordance with NFPA495.

3. The use of binary explosives or plosophoric materials in blasting or pyrotechnic special effects applications in accordance with NFPA 495 or NFPA 1126.

4. Possession, storage, handling and use of explosives for test and research purposes as permitted and approved by the fire chief.
5605.2 – 5605.2.4 {CFC text not modified}
5605.3-5605.4 deleted
5605.5 {CFC text not modified}
Exception: deleted

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5605.5.1-5605.6.10 {CFC text not modified}
5605.7 deleted
5605.8-5605.9 {CFC text not modified}
Sec. 15.35.310 Amendment to 2022 CFC Section 5701 (General).

Section 5701 of the 2022 California Fire Code is amended as follows:
5701.1 – 5701.4 {CFC text not modified}
5701.4.1 Plans. Plans shall be submitted with each application for a permit to store liquids outside of buildings in drums or tanks. The plans shall indicate the method of storage, quantities to be stored, distances from buildings and property lines, access ways, fire- protection facilities, and provisions for spill control and secondary containment.

All plans and specifications shall be prepared and wet stamped by a fire protection engineer, professional engineer, architect or similarly registered individual. 5701.5 {CFC text not modified}
Sec. 15.35.320 Amendment to 2022 CFC Section 5703 (General Requirements).

Section 5703 of the 2022 California Fire Code is amended as follows:
5703.1 –5703.6.11 {CFC text not modified}
5703.6.12 Monitoring. Flammable and combustible liquid storage or use systems must be monitored on a regular or continuous basis. A written monitoring plan must be submitted for approval by the chief and must be included in the Hazardous Materials Business Plan.

Monitoring methods may include but are not limited to the following:

1. Visual inspection, no less than monthly.

2. Continuous leak detection and alarm system.

3. Any system which will provide continuous, reliable monitoring of the primary container(s) capable of alerting occupants to an alarm or trouble condition; all systems are subject to approval by the fire chief.

Sec 15.35.330 Amendment to 2022 CFC Section 5705 (Dispensing, Use, Mixing and Handling).

Section 5705 of the 2022 California Fire Code is amended as follows:
5705.1 – 5705.3.7.5.2 {CFC text not modified}

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5705.3.7.5.3 Spill Control and Secondary Containment. Spill control shall be provided in accordance with Section 5703.4 when flammable or combustible liquids are dispensed into containers or mixed or used in open containers or systems. Spill control and secondary containment shall be provided in accordance with Section 5703.4 when the capacity of an individual container exceeds 1.3 gallon (5L) or the aggregate capacity of multiple containers or tanks exceeds 5.3 gallons (20L).
5705.3.7.6 – 5705.3.7.6.2 {CFC text not modified}
5705.3.7.6.3 Spill Control and Secondary Containment. Spill control shall be provided in accordance with Section 5703.4 when flammable or combustible liquids are dispensed, used or mixed. Spill control and secondary containment shall be provided in accordance with Section 5703.4 when the capacity of an individual container exceeds 55 gallons (208L) or the aggregate capacity of multiple containers or tanks exceeds 1,000 gallons (3785L). 5705.3.8 – 5705.5.1 {CFC text not modified}
Sec. 15.35.340 Amendment to 2022 CFC Section 6004 (Highly Toxic and Toxic Compressed Gases).

Section 6004 of the 2022 California Fire Code is amended as follows:
6004.1 General. The storage and use of highly toxic and toxic compressed gases and those with health hazard rankings of 3 or 4 in accordance with NFPA 49 or NFPA704 shall comply with this section.
6004.1.1 –6004.1.1.3 {CFC text not modified}
6004.1.1.4 Other areas of Group B, F, M, S or L occupancies. Storage, use, and handling of highly toxic and toxic compressed gases shall comply with the following:

1. When located inside, highly toxic and toxic compressed gases shall be permitted, stored or used only when located within approved gas cabinets, exhausted enclosures, or gas rooms. See also Sections 6004.1.2, 6004.1.3, and 6004.2.2.6.

Exceptions:

1.1 Cylinders of compressed gases with a health hazard ranking of 4 and with a capacity not exceeding 10 cubic feet at normal temperature and pressure (NTP) are allowed in gas cabinets or fume hoods.

1.2 Cylinders of compressed gases with a health hazard ranking of 3 and with a capacity not exceeding 20 cubic feet at normal temperature and pressure (NTP) are allowed in gas cabinets, fume hoods or approved tools designed for their use.

2. When located outside, and when approved by the fire chief, highly toxic and toxic compressed gases shall be kept under a canopy in accordance with 6004.3.

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6004.1.2 – 6004.1.3 {CFC text not modified}
6004.1.4 Automatic Shut-Off Valve. An automatic shut-off valve, which is of a fail-safe to close design, shall be provided to shut off the supply of highly toxic gases for any of the following:

1. Activation of a manual fire alarm system.

2. Activation of the gas detection system.

3. Failure of emergency power.

4. Failure of primary containment.

5. Seismic activity.

6. Failure of required ventilation.

7. Manual activation at an approved remote location.
6004.1.5 Emergency Control Station. Signals from emergency equipment used for highly toxic gases shall be transmitted to an emergency control station or other approved monitoring station, which is continually staffed by trained personnel. 6004.1.6 Maximum Allowable Quantity. Toxic gases stored or used in quantities exceeding the maximum allowable quantity in a single vessel per control area or outdoor control area shall comply with the additional requirements for highly toxic gases of Section 6004 of this Code.
6004.1.7 Reduced Flow Valve. All containers of materials other than lecture bottles containing Highly Toxic material and having a vapor pressure exceeding 29 psia shall be equipped with a reduced flow valve when available. If a reduced flow valve is not available, the container shall be used with a flow-limiting device. All flow limiting devices shall be part of the valve assembly and visible when possible; otherwise, they shall be installed as close as possible to the cylinder source. A lecture bottle is defined as a 3E cylinder, meeting the specifications outlined in 49 CFR 178.42, having a diameter of less than 2 inches, a length of less than 2 feet and service pressure of 1800 psig. 6004.1.8 Annual Maintenance. All safety control systems at a facility shall be maintained in good working condition and tested according to the manufacturers specification, but not less than annually. Maintenance and testing shall be performed by persons qualified to perform the maintenance and tests. Maintenance records and certifications shall be available to any representative of the Fire Department for inspection upon request. 6004.1.9 Fire Extinguishing Systems. Buildings and covered exterior areas for storage and use areas of materials regulated by this Chapter shall be protected by an automatic fire sprinkler system in accordance with NFPA 13. The design of the sprinkler system for any room or area where highly toxic or toxic gases are stored, handled or used shall be in

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accordance with Section 5004.5.
6004.1.10 Local Gas Shut Off. Manual activation controls shall be provided at locations near the point of use and near the source, as approved by the fire code official. The fire code official may require additional controls at other places, including, but not limited to, the entry to the building, storage or use areas, and emergency control stations.

Manual activated shut-off valves shall be of a “fail-safe-to-close” design. 6004.1.11 Exhaust Ventilation Monitoring. For highly toxic gases and toxic gases exceeding threshold quantities, a continuous monitoring system shall be provided to assure that the required exhaust ventilation rate is maintained. The monitoring system shall initiate a local alarm. The alarm shall be both visual and audible and shall be designed to provide warning both inside and outside of the interior storage, use, or handling area. 6004.1.12 Emergency Response Plan. If the preparation of an emergency response plan for the facility is not required by any other law, responsible persons shall prepare, or cause to be prepared, and filed with the fire code official, a written emergency response plan. If the preparation of an emergency response plan is required by other law, a responsible person shall file a copy of the plan with the fire chief.
6004.1.13 Emergency Response Team. Responsible persons shall be designated the on-site emergency response team and trained to be liaison personnel for the Fire Department. These persons shall aid the Fire Department in preplanning emergency responses, identifying locations where regulated materials are stored, handled and used, and be familiar with the chemical nature of such material. An adequate number of personnel for each work shift shall be designated.
6004.1.14 Emergency Drills. Emergency drills of the on-site emergency response team shall be conducted on a regular basis but not less than once every 3 months. Records of drills conducted shall be maintained.
6004.1.15 Cylinder Leak Testing. Cylinders shall be tested for leaks immediately upon delivery and again immediately prior to departure. Testing shall be approved by the fire code official in accordance with appropriate nationally recognized industry standards and practices, if any. Appropriate remedial action shall be immediately undertaken when leaks are detected.
6004.1.16 Inert Gas Purge System. Gas systems shall be provided with dedicated inert gas purge systems. A dedicated inert gas purge system may be used to purge more than 1 gas, provided the gases are compatible. Purge gas systems inside buildings shall be located in an approved gas cabinet unless the system operates by vacuum demand.

Exceptions:

1. Cylinders of compressed gases with a health hazard ranking of 4 and with a capacity not exceeding 10 cubic feet at normal temperature and pressure (NTP) when used in gas cabinets or fume hoods.

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2. Cylinders of compressed gases with a health hazard ranking of 3 and with a capacity not exceeding 20 cubic feet at normal temperature and pressure (NTP) when used in gas cabinets, fume hoods or approved tools designed for their use. 6004.1.17 Seismic Shutoff Valve. An automatic seismic shutoff valve, which is of a fail-safe to close design, shall be provided to shutoff the supply of highly toxic, and toxic gases upon a seismic event within 5 seconds of a horizontal sinusoidal oscillation having a peak acceleration of 0.3G (1.47m/sec2) and a period of 0.4 seconds.

Exceptions:

1. Cylinders of compressed gases with a health hazard ranking of 4 and with a capacity not exceeding 10 cubic feet at normal temperature and pressure (NTP) when used in gas cabinets or fume hoods.

2. Cylinders of compressed gases with a health hazard ranking of 3 and with a capacity not exceeding 20 cubic feet at normal temperature and pressure (NTP) when used in gas cabinets, fume hoods or approved tools designed for their use. 6004.2 – 6004.2.2.6 {CFC text not modified}
6004.2.2.7 {CFC text not modified}
Exceptions: deleted
6004.2.2.7.1 - 6004.2.2.7.5 {CFC text not modified}
6004.2.2.8 {CFC text not modified}
Exceptions:

1. Emergency power is not required for mechanical exhaust ventilation, treatment systems, and temperature control systems where approved fail-safe systems are installed.

2. When the aggregate quantities of toxic or highly toxic gases do not exceed the maximum allowable quantities set forth in Tables 5003.1.1 (2) and 5003.1.1 (4). 6004.2.2.8.1 – 6004.3.2.4 {CFC text not modified}
6004.3.3 Outdoor Storage Weather Protection for Portable Tanks and Cylinders. Weather protection in accordance with Section 5004.13 and this section shall be provided for portable tanks and cylinders located outdoors and not within gas cabinets or exhausted enclosures.

The storage area shall be equipped with an approved automatic sprinkler system in accordance with Section 5004.5.

Exception: deleted

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6004.3.3.1 Gas Detection Under Canopies. Gas detection in conformance with 6004.2.2.10 shall be provided when the maximum rate of release from a cylinder or tank could result in gas levels above the accepted permissible exposure level at the property line. 6004.3.4 – 6004.3.4.3 {CFC text not modified}
Sec. 15.35.350 Amendment to 2022 CFC Chapter 80 (REFERENCED STANDARDS).
(a) The reference standards in Chapter 80 of the 2022 California Fire Code are amended as provided in this section.
(b) NFPA 13-22 is amended to read:

2.2 – 9.2.1.16 {CFC text not modified}

9.2.3.1 Sprinklers shall be installed under exterior canopies, roofs, porte-cocheres, balconies, decks, or similar projections exceeding 4 feet in depth.

9.2.3.2 - Sprinklers shall be installed under exterior projections exceeding 4 feet in depth.

9.3.19.1. Sprinklers shall be installed under exterior canopies, roofs, porte-cocheres, balconies, decks, or similar projections exceeding 4 feet in depth.

9.2.3.3 – 9.2.6.1.1 {CFC text not modified}

9.3.19.1 Sprinklers shall be installed under exterior projections exceeding 4 feet in depth.

A9.3.19.2 {CFC text not modified}

9.3.19.3 (2) Solar Photovoltaic (PV) panels supported by non-combustible framing.

16.9.3.1.3.5 – 29.6.1 {CFC text not modified}
(c) NFPA 13D-22 is amended to read:

5.1.1.2 A spare sprinkler of each type and their specialized sprinkler wrench shall be installed in a spare head box located near the riser, hot water heater, furnace or in locations approved by the Fire Code official.

6.2.2 Water Supply Sources. When approved by the Fire Code Official and the requirements are met, the following water supply sources shall be considered to be acceptable by this standard.

1. A connection to a reliable waterworks system with or without an automatically operated pump.

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2. An elevated tank.

3. A pressure tank designed to American Society of Mechanical Engineers (ASME) standards for the pressure vessel with a reliable pressure source.

4. A stored water source with an automatically operated pump.

5. A well with a pump of sufficient capacity and pressure to meet the sprinkler system demand. The stored water requirement of 6.1.2 or 6.1.3 shall be permitted to be a combination of the water and the well (including the refill rate) plus the water in the holding tank if such tank can supply the sprinkler system.

6.2.2.1 – 6.2.4 {CFC text not modified}

8.3.4 – Deleted
(d) NFPA 13R-22

6.6.10.1 (2) Solar Photovoltaic (PV) panels supported by non-combustible framing. (e) NFPA 14-22 is amended to read:

6.3.7.1 System Water Supply valves, isolation control valves and other valves in fire mains shall be supervised in an approved manner in an open position by 1 of the following approved methods:

1. Where a building has a fire alarm system or a sprinkler monitoring system installed, the valve shall be supervised by:
(a) A central station, proprietary or remote supervising station. (b) Deleted

1.2. When a building does not have a fire alarm system or a sprinkler monitoring system installed, the valve shall be supervised by:
(a) Locking the valves in the open position or
(b) Sealing valves in an approved weekly recorded inspection where valves are located within fenced enclosures under the control of the owner. (f) NFPA 16-19 through 20-19 {CFC text not modified}
(g) NFPA 24-19 is amended to read:

4.2.1 – 6.5.1 {CFC text not modified}

6.6.1.1 – deleted

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[6.6.1.2 – 10.9.1{CFC text not modified}
(h) NFPA 25-13 CA through 70-20 {CFC text not modified} (i) Section NFPA 72 is amended to read:

10.3.1 – 23.8.1.2.1 {CFC text not modified}

23.8.5.1.2 – Exception deleted

23.8.5.4.1 –29.10.6.8.1{CFC text not modified}
(j) NFPA 76-16 through 62368-1-2014 {CFC text not modified} Sec. 15.35.360 Supplemental Fire Protection Standards.

The provisions of Fremont Municipal Code Title 15 (Building Regulations and Construction), Chapter 15.60 (Automatic Fire Extinguishing Systems Retrofit Requirements for Certain Types of Apartment Buildings) known as the Fremont Central Corridor Retrofit Ordinance amend the 2022 California Building and Fire Codes as adopted by this Chapter.

Sec. 15.35.370 Location limitations on the storage of explosive, combustible or flammable materials.
(a) Explosive, combustible or flammable materials. The storage of the explosive, combustible or flammable materials listed below is prohibited in all locations within the city of Fremont except as provided in subsections (b) and (c). (1) Flammable or combustible liquids in outside aboveground tanks (see CFC Chapter 57).
(2) Bulk storage of liquefied petroleum gas (see CFC Chapter 61). (3) Explosives and blasting agents (see CFC Chapter 56). (4) Compressed natural gas (see CFC Chapter 53 and NFPA 52). (5) Flammable cryogenic fluids in stationary containers (see CFC Chapter 55). (b) Location limitations. The materials listed in subsection (a) may be stored in the following districts. The zoning districts listed in this subsection are defined in Title 18 of the Fremont Municipal Code.
(1) I-S Service Industrial District).
(2) I-T (Technology Industrial District).
(3) G-I (General Industrial District).

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(4) A (Agricultural District).
(5) A (F) (Agricultural with Flood Combining District). (c) Aboveground Class I, II or III-A storage tanks. Aboveground Class I, II or III-A flammable or combustible liquid storage tanks may be allowed when the installation of underground tank(s) is impractical or because of property or building limitations. The tank area may be used for private and governmental fleets, construction vehicles, waste oil storage, and any situation where the fire chief deems it would create a safer condition. Tanks shall not be approved for service stations or other commercial retail applications.

Exception: Alternative fuel installations may be approved via a Conditional Use Permit issued pursuant to the process set forth in Chapter 18.230 The fire chief or his designee shall have the sole discretion to prohibit use of these tanks based on the safety of the public.

Sec. 15.35.380 Staffing Standards Not Adopted.

Notwithstanding any other provision of this Article, or any provision contained in the 2022 California Fire Code, the International Fire Code, or the standards established by the National Fire Protection Association (NFPA), staffing standards are not established by this Article and any direct or indirect reference by any document incorporated by reference by this Article pertaining to staffing standards is expressly excluded and not adopted by this Article.

SECTION 3. CEQA
The City Council determines that this ordinance is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15601(b)(3), each as a separate and independent basis for CEQA compliance.

SECTION 4. EFFECTIVE DATE
This ordinance shall take effect and be enforced beginning January 1, 2023.

SECTION 5. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this ordinance. Such section, subsection, sentence, clause or phrase, instead, shall be superseded and replaced by the corresponding provisions, if any exist, of Title 24 of the California Code of Regulations. The City Council of the City of Fremont hereby declares that it would have passed this ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.

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SECTION 6. PUBLICATION OF SUMMARY
The City Attorney has prepared a summary of this ordinance under Government Code Section 36933(c). The City Clerk has caused the summary to be published once in a newspaper of general circulation printed and published in Alameda County and circulated in the City of Fremont for at least five days before the date of adoption. A certified copy of the full text of the ordinance was posted in the office of the City Clerk since at least five days before this date of adoption. Within 15 days after adoption of this ordinance, the City Clerk shall cause the summary to be published again with the names of those City Council members voting for and against the ordinance and shall post in the office of the City Clerk a certified copy of the full text of this adopted ordinance with the names of those City Council members voting for and against the ordinance.

The foregoing ordinance was introduced before the City Council of the City of Fremont at the regular meeting of the City Council, held on the ____ day of_______________, 2022, and finally adopted at a regular meeting of the City Council held on the ____ day of _______________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________
Mayor
ATTEST:
__________________________________
City Clerk
APPROVED AS TO FORM:
_________________________________
City Attorney

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ORDINANCE NO. XX-2022

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FREMONT ADOPTING BY REFERENCE , WITH AMENDMENTS: (1)
THE 20 22 CALIFORNIA TITLE 24 CODES ( BUILDING,

MECHANICAL, PLUMBING, ELECTRICAL, EXISTING BUILDING,

HISTORICAL BUILDING, ENERGY, RESIDENTIAL BUILDING,
GREEN BUILDING STANDARDS), (2) THE 2021 INTERNATIONAL POOL AND SPA CODE , AND (3) THE 20 21 INTERNATIONAL
PROPERTY MAINTENANCE CODE; AND REPEALING AND
REPLACING FREMONT MUNICIPAL CODE TITLE 15 - BUILDINGS
AND CONSTRUCTION , DIVISION 1 , FREMONT BUILDING

STANDARDS CODE

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT DOES ORDAIN AS FOLLOWS:

SECTION 1. DRAFTING SYNTAX
The Fremont Municipal Code (FMC) text adopting the local modifications is italicized in this ordinance to assist the reader in distinguishing between City of Fremont modifications to the California Building Standards Code and the FMC section text adopting the modifications.

Each section of the California Building Standards Code that is modified by the City of Fremont is listed. However, whole subsections may not be modified, and those unmodified subsections are indicated by the subsection number followed by “{CBC text not modified}” with the appropriate acronym for the specific Building Standards Code. The unmodified subsections are to be codified as written in the California Code. Each subsection that is deleted in its entirety by the City of Fremont is indicated by the subsection number followed by “deleted”.

SECTION 2. FMC CHAPTER 15.05 REPEALED AND REPLACED
Chapter 15.05 (General Provisions) of Fremont Municipal Code Title 15 (Buildings and Construction), Division 1 (Fremont Building Standards Code) is repealed and replaced to read as follows:

Sec. 15.05.010 Title.

This division shall be known and may be cited as the “Fremont building standards code” or “FBSC.” The Fremont building standards code consists of the California Building Standards Code, as codified in Title 24 of the California Code of Regulations, and as amended by this division.

Sec. 15.05.020 Administration & Enforcement.

(a) The building and safety division is responsible for the administration and enforcement of the provisions of Title 15, Division 1, Chapters 15.05 through 15.30 and

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Chapters 15.40 through 15.49 of this code. “building official” as referenced in this code means the building official.
(b) The fire prevention bureau, under the direction of the fire chief, is responsible for the administration and enforcement of the provisions of Chapter 15.35. “Fire marshal” as referenced in this division means the individual specified by the fire chief under Section

15.35.020(b).

Sec. 15.05.030 Permit Applications Pending as of December 31, 2022.

The provisions of this division shall take effect on January 1, 2023 except that where complete working drawings, plans, structural designs and specifications for buildings have been filed for building permits before this date, permits may be issued based on the previous ordinances and codes effective at the time of filing, and the applicant may proceed with the construction, provided physical construction is started within 365 days from the date of issuing the permit and continued to completion. Where construction has not commenced within 365 days of the issuance of a building permit which has been issued under any previous ordinance, no renewal or extension of such building permit shall be granted unless all of the requirements of the 2022 California Building Standards Code, as amended by the city of Fremont, are met.

Sec. 15.05.040 Findings.

The city council has adopted updated findings by resolution under Health and Safety Code Section 17958.7 for local modifications to the building standards contained in the 2022 California Building Standards Code based on local climatic, geological and topographical conditions as required by Health and Safety Code Sections 18941.5 and 17958.5.

Sec. 15.05.050 Violations.

A violation of any provision or failure to comply with any mandatory requirement of this division shall constitute an offense as set forth in Section 1.15.010. Each person, firm or corporation shall be charged with a separate offense for each and every day during any portion of which any violation of this division is committed, continued, or permitted by the person, firm or corporation and shall, upon conviction, be punished as set forth in Section 1.15.020.

It is hereby declared that any violation of this division constitutes a public nuisance, and in addition to any other remedies provided by this division for the enforcement of this division, the Fremont city attorney may bring a civil or criminal action to enjoin the violation of any provision of this division or pursue any other legal remedy.

The remedies described in this division are cumulative and in addition to any other remedies available for a violation of this division.

Sec. 15.05.060 Duties are discretionary

Notwithstanding any other provision of this title or any provision of the California Building Standards Code, whenever the words “shall” or “must” are used in establishing a responsibility or duty of the city, its elected or appointed officers, employees, or agents, it is the legislative

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intent that such words establish discretionary responsibility or duty requiring the exercise of judgment and discretion.

All inspections specified herein shall be at the discretion of the fire code official and nothing in the California Building Standards Code or in the Fremont Municipal Code shall be construed as requiring the city to conduct any such inspection nor shall any actual inspection made imply a duty to conduct any other inspection. Furthermore, neither the California Building Standards Code nor the Fremont Municipal Code shall be construed to hold the city or any officers, employees or representatives of the city responsible for any damage to persons or property by reason of making inadequate or negligent inspection or by reason of any failure to make an inspection or reinspection.

Sec. 15.05.070 Appeals.

(a) Where the provisions of this title allow for a board of appeals, the board shall be an administrative hearing officer appointed by the city manager. The appeal shall follow the process and procedures of FMC Sections 8.60.120 through 8.60.150. The decisions of the hearing officer are final as to the city. The hearing officer shall have no authority relative to interpretation of the administrative provisions of this title nor shall the hearing officer be empowered to waive requirements of this title. (b) An application for appeal shall be based on a claim that the true intent of this code has been incorrectly interpreted, the provisions of this code do not fully apply or an alternative provides at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.

SECTION 3. FMC CHAPTER 15.10 REPEALED AND REPLACED

Chapter 15.10 (Fremont Building Code) of Fremont Municipal Code Title 15 (Buildings and Construction), Division 1 (Fremont Building Standards Code) is repealed and replaced to read as follows:

Sec. 15.10.010 Title.

This chapter shall be known and may be cited as the “Fremont building code” or “FBC” and will be referred to in this chapter as “this code.”
Sec. 15.10.020 Adoption of the 2022 CBC with Amendments.

The 2022 edition of the California Building Code (“CBC”)as published by the International Code Council is adopted as the Building Code of the city of Fremont, California, as if fully set out in this chapter and is amended as provided in this chapter. A copy of the 2022 CBC shall be maintained on file in the office of the city clerk.

Sec. 15.10.030 Adoption of Certain 2022 CBC Appendix Chapters.

The following Appendix Chapters of the 2022 California Building Code are adopted by the city of Fremont. The remaining Appendix Chapters are not adopted.

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(a) Appendix Chapter A (Employee qualifications).

(b) Appendix Chapter C (Agricultural Buildings).

(c) Appendix Chapter F (Rodent Proofing of Dwellings).

(d) Appendix Chapter G (Flood-Resistant Construction).

(e) Appendix Chapter I (Patio Covers).

(f) Appendix Chapter P (Emergency Housing), which shall apply so long as the chapter remains in effect, as it may be amended from time to time by the California Building Standard Commission, and during the pendency of a shelter crisis declaration.

Sec. 15.10.040 Adoption of 2022 CBC Chapter 1, Division II.

Chapter 1, Division II of the 2022 California Building Code is adopted by the city of Fremont and made a part of the Fremont Building Code, unless amended in this chapter. References to model codes in the adopted sections shall mean the corresponding California Codes as adopted by the city of Fremont.

Sec. 15.10.050 Amendment of 2022 CBC Section 101 (General).

Section 101 of the 2022 California Building Code is amended as follows:
101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.11 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference.
101.4.1 Gas. The provisions of the 2022 California Mechanical Code and California Plumbing Code shall apply to the installation of gas piping. 101.4.2 Mechanical. The provisions of the 2022 California Mechanical Code shall apply to installation, alterations, repairs and replacement of mechanical systems. 101.4.3 Plumbing. The provisions of the 2022 California Plumbing Code shall apply to installation, alternation, repairs and replacement of plumbing systems. 101.4.4 Property Maintenance. The provisions of the 2022 California Building, Residential, Mechanical, Electrical, Plumbing, Fire Code, and the 2021 International Property Maintenance Code shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants and occupancy of existing premises and structures.

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101.4.5 Fire Prevention. The provisions of the 2022 California Fire Code shall apply to matters affecting or relating to fire hazards.
101.4.6 Energy. The provisions of the 2022 California Energy Code, Title 24, Part 6, shall apply to all matters governing the design and construction of building for energy. 101.4.7 Existing Buildings. The provisions of the 2022 California Existing Building Code shall apply to all matters governing the repair, alteration, change of occupancy, addition to and relocation of existing buildings.
101.4.8 Green Building Standards. The provisions of the 2022 California Green Building Standards Code shall apply to all matters governing the “green building” related planning, design construction, operation, use and occupancy of newly constructed buildings.
101.4.9 Residential Buildings. The provisions of the 2022 California Residential Code shall apply to all matters governing the design and construction of detached, 1 and 2 family dwellings, townhouses not more than 3 stories and separate means of egress, and structural accessory thereto.
101.4.10 Electrical. The provisions of the 2022 California Electrical Code shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. 101.4.11 Historical Buildings. The provisions of the 2022 California Historical Code Part 8 shall apply to the alteration, addition, and relocation to qualified historical buildings or properties.

Sec. 15.10.060 Amendment of 2022 CBC Section 104 (Duties and Powers of the building official).

Section 104 of the 2022 California Building Code is adopted as follows:

104.1-104.11.2 {CBC text not modified}

104.12 Authority to condemn building service equipment. Whenever the building official ascertains that any building service equipment regulated in the technical codes has become hazardous to life, health, property, or becomes unsanitary, he or she shall order in writing that such equipment either be removed or restored to a safe or sanitary condition, whichever is appropriate. The written notice itself shall fix a time limit for compliance with such order. No person shall use or maintain defective building service equipment after receiving such notice.

When such equipment or installation is to be disconnected, a written notice of the disconnection and causes therefore shall be given within 24 hours to the serving utility, the owner and occupant of such building, structure or premises.

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When any building or the associated service equipment is maintained in violation of the technical codes and in violation of any notice issued pursuant to the provisions of this section, the building official may institute any appropriate action to prevent, restrain, correct, or abate the violation. The building official shall be authorized to affix an approved placard to said building or equipment stating the date, corrections required, address and allowable time for repairs if any. Damage or removal of said placard shall be a violation of this code.
104.13 Connection after order to disconnect. No person shall make connections from any energy, fuel or power supply nor supply energy or fuel to any building service equipment which 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 building official until the building official authorizes the reconnection and use of the equipment. 104.14 Authority having jurisdiction. Whenever the term “Authority Having Jurisdiction” is used, it shall be construed to mean the building official or his or her authorized representative.
104.15 Limits on repair/remodel for R-3 and U occupancies. When the scope of work for R-3 and U occupancies involves the removal or replacement of 50 percent or greater of the linear length of the walls of the building (exterior plus interior) and 50 percent of the roof within a 1-year period, the project shall be considered as new construction; and the entire building shall comply with all current codes including local ordinances. For automatic fire extinguishing system requirements, see FMC Section 15.35.150.

Sec. 15.10.070 Amendment of 2022 CBC Section 105 (Permits).

Section 105 of the 2022 California Building Code is amended as follows:

105.1 {CBC text not modified}
105.1.1 - 105.1.2 - deleted
105.2 Work exempt from permit {CBC text not modified}
Building:

1. {CBC text not modified}

2. Wood fences not over 7 feet (2,134 mm) high or concrete or masonry wall not over 4 feet (1,219 mm) high when not subject to specific city of Fremont planning and zoning regulations.

3. {CBC text not modified}

4. {CBC text not modified}

5. {CBC text not modified}

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6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade and not over any basement or story below and are not part of an accessible route, accessible parking spaces, or required exits.

7. Painting, papering, tiling, carpeting, cabinets (that do not have electrical, mechanical, or plumbing), counter top and similar finishes.

8. {CBC text not modified}

9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 18 inches deep, do not exceed 5,000 gallons and are installed entirely above ground.

10. {CBC text not modified}

11. Swings and other playground equipment accessory to single detached 1- and 2-family dwellings and not considered a public playground.

12. {CBC text not modified}

13. {CBC text not modified}

14. Wood decks accessory to a Group R-3 occupancy not over 30 inches above surrounding grade or finishes, not attached to a structure, or serving any part of the means of egress.

Electrical {CBC text not modified}

1. Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by the Electrical Code.

2. Repair or replacement of motors, transformers and controls within fixed approved appliances of the same type and rating in the same location.

3. Temporary decorative lighting for residential dwellings.

4. Repair or replacement of current-carrying parts of any switch, contactor or control device.

5. Reinstallation of attachment plug receptacles, but not the outlet boxes thereof.

6. Replacement of any overcurrent device less than 1,200 amps of the same capacity in the same location.

7. Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems.

8. Temporary wiring for experimental purposes in suitable experimental laboratories.

9. Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy.

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10. Low-energy power, control, and signal circuits of Classes II and III as defined in the Electrical Code.

11. A permit shall not be required for the installation, alteration or repair of electrical wiring, apparatus or equipment or the generation, transmission, distribution or metering of electrical energy or in the operation of signals or the transmission of intelligence by a public or private utility in the exercise of its function as a serving utility.

Gas {CBC text not modified}

Mechanical {CBC text not modified}
Plumbing {CBC text not modified}
Exemption from the permit requirements of this code 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 which are enforced by the city of Fremont. 105.2.1 – 105.3.1 {CBC text not modified}
105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 365 days after the date of filing unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant 1extension of time for an additional period not exceeding 180 days. The extension shall be requested in writing and justifiable cause demonstrated and accepted by the building official.
105.3.3 Who may be issued a permit. Permits shall be issued only to State licensed Architect, Engineer, or contractors or their respective authorized representative but only to the extent and to the work the person is licensed by the State of California to do so.

Exception: Permits may be issued to owners certifying proof of exemption under the exemptions specified in California Business and Professions Code Section 7044. 105.3.4 Withhold permit. The building official may withhold the issuance of a permit if the proposed work is in conjunction with construction requiring the issuance of a building permit where no building permit has been issued.
105.4 {CBC text not modified}
105.5 Expiration. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 365 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. The construction is deemed suspended or abandoned unless an inspection indicating substantial progress in construction has been requested every 180 days or sooner. Before work may resume on a construction project declared suspended or abandoned, a new permit must first be

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obtained. Where suspension or abandonment has not exceeded 1 year and no changes have been made or will be made to the original plans and specifications for the work, the renewal fee shall be 1/2 the amount required for a new permit for the work otherwise, the renewal fee shall be the full amount required for a new permit.

Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to perform work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding 180 days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. 105.6 {CBC text not modified}
105.7 Placement of Permit. The building permit, along with all plans and documentation approved by the building official, shall be kept on the site of the work until final approval has been granted by the building official.

105.8 Change of contractor or of ownership. A permit issued hereunder shall expire upon a change of ownership or a change of contractor regarding the building, structure or grading for which said permit was issued if the work thereon has not been completed, and a new permit shall be required for the completion of the work. If no changes have been made to the plans and specifications last submitted to the building official, no charge, other than the permit issuance fee and applicable State fees, shall be made for the issuance of the new permit under such circumstances. If, however, changes have been made to the plans and specifications last submitted to the building official, a permit fee based upon the proposed changes may be levied.

105.9 Surrender of permit. If no portion of the work or construction covered by the issued permit has commenced, the permit holder may deliver such permit and approved documents to the building official with written request that such permit is to be canceled. The building official shall make note on the permit with or with like wording “Canceled at the request of the Permit holder.” Thereupon the permit and documents shall become null and void.

Sec.15.10.080 Amendment of 2022 CBC Section 107 (Submittal Documents).

Section 107 of the 2022 California Building Code is amended as follows:

107.1 – 107.2.6 {CBC text not modified}

107.2.7 Required plat of survey. Any person, firm or corporation applying for a permit for the erection or construction of a building or structure, or moving an existing building to a new location shall, when required by the building official, file with the set of plans and specifications required by the foregoing provisions of this section a minimum of 3 copies of a plat of a survey of the property proposed to be improved by said building or structure, on which plat shall be delineated the accurate location of said proposed

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improvement and the grades at which it is to be constructed, the location of every existing building on the lot, all easements, utility locations and directions, existing curbs, sidewalks, and main sewers and the location of waterways, storm drains, inlets, and culverts affecting the lot. Said plat shall be drawn to a scale of not smaller than 20 feet to 1 inch, unless authorized by the building official, and shall show the contours at 1-foot intervals for predominant ground slopes between level and 4 percent and 5-foot contours for predominant ground slopes over 4 percent which contours shall extend to the center of the street when said street is unimproved, or to the curb line when the street is improved.

All grades and contours shall be based on United States Coast and Geodetic Survey datum (mean sea level) except when authorized otherwise by the building official. The survey shall have been made by a licensed land surveyor or registered civil engineer in the State of California and the map of said survey shall be signed and certified with their license or certificate number, and the property shall be located thereon by map or deed distance to the nearest street intersection. The exterior boundaries of said property shall be clearly outlined on the ground by appropriate permanent stakes or monuments. The location of said stakes or monuments shall be shown on the survey map with elevations thereon.
107.3 {CBC text not modified}
107.3.1. Approval of construction documents. When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, as “Approved”.

One set of construction documents so reviewed shall be retained by the building official.

The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative. 107.3.2 – 107.5 {CBC text not modified}
Sec. 15.10.090 Amendment of 2022 CBC Section 109 (Fees).

Section 109 of the 2022 California Building Code is adopted as follows:

109.1 {CBC text not modified}

109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule of fees established by resolution of the Fremont city council. Where issuance of a permit for the construction of part of a building or structure has been approved, the fees shall be established by resolution adopted by the city council.
109.3 Building permit valuation. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued, including materials and labor, as well as all, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems and any other permanent equipment . If in the opinion of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can

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show detailed estimates to meet the approval of the building official. Final building permit valuation shall be set by the building official. 109.3.1 Plan review fees. When submittal documents are required by Section 107, a plan review fee shall be paid at the time of submitting the documents for plan review. Said plan review fee shall be as established by resolution of the city council.

The plan review fees specified in this section are separate fees from the permit fees specified in Section 109.2 and are in addition to the permit fees.

When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in Section 107.3.4.1, an additional plan review fee shall be charged at the rate established by resolution of the city council.
109.4 Work commencing before permit issuance. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, the fee for necessary permits shall be double the fee established by resolution of the city council.
109.4.1 An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.
109.5. Related fees. The payment of the fee for the construction, alteration, removal of demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are established by resolution of the city council. 109.6 Refunds. The building official is authorized to establish a refund policy. As part of the policy, the building official may authorize refunding a portion of the fee equal to 80 percent of the permit fee paid, less the application fee and any services provided, when no work has been done under a permit issued in accordance with this code. 109.7 Additional plan review fees. Where plans are incomplete or changed so as to require additional plan checking, an additional plan checking fee shall be paid to the building official based upon the value of construction of the proposed change or redesign.

In establishing said fee, no allowance for a decreased valuation shall be permitted due to the replacement, omission or lessening of any member or portion of the building shown in the original plans. Said fee may be waived when in the opinion of the building official the additional fee is not warranted. No additional fees shall be charged for checking corrections required by the building official; except where excessive plan reviews beyond 3 review cycle are performed, additional fees may be levied as established by city council.

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Sec. 15.10.100 Amendment to 2022 CBC Section 110 (Inspections).

Section 110 of the 2022 California Building Code is adopted as follows:

110.1 – 110.6 {CBC text not modified}

110.6.1 Gas or electrical utilities. There shall be no clearance for connection of gas or electrical utilities until final building, electrical, plumbing, heating, air conditioning, security and zoning inspections are made and approval has been given on any building sought to be connected to such utilities unless approval has first been obtained from the building official, as provided by the Temporary Certificate of Occupancy in Section 111.3.

110.7 Re-inspection fee. When re-inspection is required, an additional inspection fee shall be charged at the fee rate established by resolution of the city council.

110.8 Inspection Card. Work requiring a permit shall not be commenced until the permit holder or an agent of the permit holder has posted or otherwise made available the inspection record card issued by the building official such as to allow the building official to conveniently make the required entries thereon regarding inspection of the work. This card shall be maintained and available by the permit holder until final approval has been granted by the building official.

Sec. 15.10.110 Amendment of 2022 CBC Section 111 (Certificate of Occupancy).

Section 111 of the 2022 California Building Code is amended as follows:

111.1 Use and occupancy. No building or structure shall be used or occupied, and no change in the existing use or occupancy classification of a building or structure or portion thereof shall be made until the building or structure complies with the current requirement of the code, and the building official has issued a certificate of occupancy therefore as provided herein.

Exception: Single-family homes, townhomes, and U occupancies. The final and signed building permit by the building inspector will act as a certificate of occupancy.

Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of the codes or of other ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of the codes or other ordinances of the jurisdiction shall not be valid.

111.1.1 Change in Use. Where a change of occupancy and use is proposed and approved by the building official, an inspection of the premises by the building official to determine that the provisions of Section 111.1 are met before issuance of said certificate.

Said certificate of occupancy shall be obtained from the building official upon completion of an application for the certificate and the payment of a fee as established by resolution of the city council.

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111.2 Certificate issued. After final inspection when it is found that the building or structure complies with the provisions of this code and other laws which are enforced by the city of Fremont, and, when required by the building official, the engineer or architect of record shall state, in writing, that based on field observation conducted by him or her, or his or her designee, the building or structure is in general conformance with the approved plan, then the building official shall issue a certificate of occupancy which shall contain the following:

1. The building permit number.

2. The address of the building.

3. The name and address of the owner.

4. A description of that portion of the building for which the certificate is issued.

5. A statement that the described portion of the building complies with the requirements of this code for the group and division of occupancy and the use for which the proposed occupancy is classified.

6. The name of the building official.

7. The use and occupancy.

8. The type of construction.

9. The design occupant load.

10. Automatic sprinkler system if provided, whether the sprinkler system is required.

11. The edition of the code under which the permit was issued.

12. Any special stipulations and conditions of the building permit. 111.3 {CBC text not modified}
111.3.1 Limitations. An application for temporary certificate of occupancy must be obtained for connection of gas and electrical utilities. The required fees as established in a city of Fremont resolution shall be paid before the temporary certificate of occupancy is issued.
111.3.2 Discontinuance of temporary occupancy. In the event the building is not completed and ready for final inspection in the time prescribed by the building official, the building shall be vacated and the utilities disconnected until such time as the building is completed and final inspection is made and a certificate of occupancy is issued as set forth above.
111.4 {CBC text not modified}

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Sec. 15.10.120 Amendment of 2022 CBC Section 112 (Service Utilities).

Section 112 of the 2022 California Building Code is amended as follows:

112.1 Connection of utility service. No person shall make a connection from a source of electrical energy or fuel gas to any electric wiring system, gas piping system, device, appliance or equipment for the installation of which a permit is required, unless such wiring system, gas piping system, devices, appliance or equipment has first been inspected by the building official and found to comply with all applicable codes and ordinances of the city.

112.2 Temporary Connection. The building official shall have the authority to authorize the temporary connection to any electric wiring system, gas piping system, device, appliance or equipment to the utility source of energy, fuel or power. 112.3 Authority to disconnect utilities. The building official or his or her authorized representative shall have the authority to disconnect any utility service or energy supplied to the building, structure or building service equipment therein regulated by this code or the technical codes in case of emergency where necessary to eliminate an immediate hazard to life or property, or where such connections have been made without the approval and required inspections. Work that has been performed without the benefit of building permits and inspections shall be considered to be a hazardous condition until otherwise verified. The building official shall whenever reasonably possible notify the serving utility, the owner and occupant of the building, structure or building service equipment of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner and occupant of the building, structure or building service equipment, in writing, of such disconnection immediately thereafter. 112.4 All utility connections in areas prone to liquefaction shall be flexible and designed for differential settlement.

Sec. 15.10.130 Amendments of 2022 CBC Section 113 (Appeals) and 114 (Violations).

Sections 113 and 114 of the 2022 California Building Code are deleted.

Sec. 15.10.140 Amendment to 2022 CBC Section 302 (Classification).

Section 302 of the 2022 California Building Code is amended as follows:

302.1 Classification. Structures or portions of structures shall be classified with respect to occupancy in one or more of the groups listed in this section. A room or space that is intended to be occupied at different times for different purposes shall comply with all of the requirements that are applicable to each of the purposes for which the room or space will be occupied. Structures with multiple occupancies or uses shall comply with Section 508. Where a structure is proposed for a purpose that is not specifically provided for in this code or about which there is any question, such structure shall be classified, as determined by the building official, in the group that the occupancy most nearly

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resembles, according to the fire safety and relative hazard involved.

Sec. 15.10.150 Amendment to 2022 CBC Section 402 (Covered mall and open mall buildings).

Section 402 of the 2022 California Building Code is amended as follows:

402.1-402.4.3.1 {CBC text not modified}

402.5 {CBC text not modified}. Exception deleted

402.6-402.8.8 {CBC text not modified}

Sec. 15.10.160 Amendment to 2022 CBC Section 403 (High-Rise buildings and group I-2 occupancies having occupied floors located more than 75 feet above the lowest level of fire department vehicle access).

Section 403 of the 2022 California Building Code is amended as follows:

403.1-403.2.4 {CBC text not modified}
403.3 {CBC text not modified}. Exceptions: deleted

403.3.1-403.7 {CBC text not modified}
Sec. 15.10.170 Amendment to 2022 CBC Section 404 (Atriums).

Section 404 of the 2022 California Building Code is amended as follows:

404.1 - 404.2 {CBC text not modified}

404.3 {CBC text not modified}. Exceptions: deleted.
404.4 - 404.11 {CBC text not modified}
Sec. 15.10.180 Amendment to 2022 CBC Section 406 (Motor Vehicle Related Occupancies).

Section 406 of the 2022 California Building Code is amended as follows:

406.1 – 406.3.2 {CBC text not modified}

406.3.2.1 Dwelling unit separation. The private garage shall be separated from the dwelling unit and its attic area by means of gypsum board, not less than 5/8-inch (15.9 mm) thick Type X, or equivalent applied to the garage side. Garages beneath habitable rooms shall be separated from all habitable rooms above by not less than a 5/8-inch (15.9 mm) Type X gypsum board or equivalent. Door openings between a private garage and

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the dwelling unit shall be equipped with either solid wood doors or solid or honeycomb core steel doors not less than 1 3/8 inches (34.9 mm) thick, or doors in compliance with Section 716.5.3 with a fire protection rating of not less than 20 minutes. Doors shall be self-closing and self-latching.
406.3.2.2 {CBC text not modified}
406.3.2.3 Garage flammable vapor ventilation. In enclosed private garages attached to R occupancies, provide 1 square foot of ventilation area located at the lower 12 inches of garage wall. Said ventilation areas shall be directly communicated with the exterior but shall not be installed where protection of openings is required. 406.3.3 – 406.9.3 {CBC text not modified}
Sec. 15.10.190 Amendment to 2022 CBC Section 602 (Construction Classification).

Section 602, Table 601, footnote b. of the 2022 California Building Code is amended as follows.

All other subsections and tables within Section 602 are not modified.

b. Except in high-rise buildings, Group A, E, F-1, H, I, L, M, R-1, R-2, and S-1 occupancies, fire protection of structural members shall not be required, including protection of roof framing and decking where every part of the roof construction is 20 feet or more above any floor immediately below. For Group A, E, I, L, R-1, and R-2 occupancies and other applications listed in Section 1.11 regulated by the Office of the State Fire Marshal, fire protection of members other than the structural frame shall not be required, including protection of roof framing and decking where every part of the roof construction is 20 feet or more above any floor immediately below. Fire-retardant- treated wood members shall be allowed to be used for such unprotected members.

Sec. 15.10.200 Amendment to 2022 CBC Section 708 (Fire Partitions).

Section 708 of the 2022 California Building Code is amended as follows:

708.1 – 708.2 {CBC text not modified}
708.3 {CBC text not modified}
Exceptions:

1. {CBC text not modified}

2. deleted

3. {CBC text not modified}
708.4 – 708.9 {CBC text not modified}

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Sec. 15.10.210 Amendment to 2022 CBC Section 711 (Horizontal Assemblies).

Section 711 of the 2022 California Building Code is amended as follows:

711.1 – 711.2.4.2 {CBC text not modified}

711.2.4.3 {CBC text not modified}
Exception: deleted
711.2.4.4 -711.3.2. {CBC text not modified}
Sec. 15.10.220 Amendment to 2022 CBC Section 701A (Scope, Purpose and Application).

Section 701A of the 2022 California Building Code is amended as follows:

701A.1 Scope: This chapter applies to building materials, systems and/or assemblies used in the exterior design and construction of new and existing buildings or structures erected, constructed, altered, or moved within a Wildland-Urban Interface Fire Area as defined in Section 702A.

701A.2 {CBC text not modified}

701A.3 Application. New or existing buildings or structures erected, constructed, altered, or moved in any Fire Hazard Severity Zone or any Wildland-Urban Interface Fire Area designated by the enforcing agency constructed after the application date shall comply with the provisions of this chapter.

Exceptions:

1. – 3. {CBC text not modified}

4. deleted.
701A.3.1 – 701A.5 {CBC text not modified}
Sec. 15.10.230 Amendment to 2022 CBC Section 702A (Definitions).

Section 702A of the 2022 California Building Code is amended by modifying the following definitions. The remaining definitions are not modified.

LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONE means those areas designated by the city of Fremont as Very High Fire Hazard Severity Zones in Fremont Municipal Code Title 15, Chapter 15.65.

WILDLAND-URBAN INTERFACE FIRE AREA is a geographical area identified by the state as a “Fire Hazard Severity Zone” in accordance with Public Resources Code Sections 4201 through 4204 and Government Code Sections 51175 through 5118 9, and includes

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those areas designated by the city of Fremont as Very High Fire Hazard Severity Zones in Fremont Municipal Code Title 15, Chapter 15.65.

Sec. 15.10.240 Amendment to 2022 CBC Section 705A (Roofing).

Section 705A of the 2022 California Building Code is amended as follows:

705A.1 – 705A.2 {CBC text not modified}

705A.2.1 Wildland Urban-Interface Fire Area. The roof covering of any new structure or the re-roofing of any existing building within Wildland-Urban Interface Fire Area, regardless of the type of construction or occupancy classification, shall be a fire-retardant roof covering that is at least Class A. All alteration, repair, replacement or reroofing shall conform to the applicable provisions of the 2022 California Building Code Section 1604 “General Design Requirements” and any other applicable engineering requirements, including Chapter 15, “Roof Assemblies and Rooftop Structures” of this code. 705A.3 – 705A.4 {CBC text not modified}
Sec. 15.10.250 Amendment to 2022 CBC Section 707A (Exterior Covering).

Section 707A of the 2022 California Building Code is amended as follows:
707A.1 – 707A.3.1 {CBC text not modified}
707A.3.1.2 Exterior wall covering. All exterior faces of the exterior walls shall be of an assembly qualified for exterior face of recognized 1-hour fire resistive assemblies. All exterior wall coverings shall meet a Class I flame spread requirement and be installed over materials approved for 1-hour fire-resistive construction.

Exception: Class I flame spread requirement may be waived for additions not to exceed 50%, cumulatively over the life of the structure, of the existing structure, including garage areas with 1-hour fire resistive exterior wall assembly. 707A.4 – 707A.10 {CBC text not modified}
707A.11 Utilities. Utilities, pipes, furnaces, water heaters or other mechanical devices located in an exposed under-floor area of a building or structure shall be enclosed with material as required for exterior, 1-hour, fire-resistive construction. Adequate covered access opening for servicing such utilities shall be provided as required by appropriate codes.
707A.12 Historical buildings. Repairs, alterations, and additions necessary for the preservation, restoration, rehabilitation or continued use of a building or structure may be made without conformance to all the requirements of this code when authorized by the building official, provided:

1. The building or structure conforms to Part 8, Title 24, of the California Code of

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Regulations; and

2. A fire protection plan is implemented so that the building or structure will be no more of a fire hazard than any new building. The plan must be prepared and signed by a registered Fire Protection Engineer. The plan must be approved by the building official and fire chief prior to the commencement of any work.

Sec. 15.10.260 Amendment to 2022 CBC Section 902 (Definitions).

Section 902 of 2022 California Building Code is amended by adding additional definitions to Section 902.1 as follows. The remaining definitions are not modified.

CURRENT CODE means the edition of the California Building Standards Code published by the International Code Council (ICC) as adopted by the city of Fremont under Health and Safety Code Section 18941.5. The edition to be applied shall be that edition in effect at the time damage occurs.

ENGINEERING EVALUATION means an evaluation of a suspected damaged building or structure, performed under the direction of a fire protection engineer, structural engineer, civil engineer or architect retained by the owner of the building or structure.

Engineering evaluations shall, at a minimum, contain recommendations for repair with an appropriate estimate of the construction cost for those repairs.

ESSENTIAL SERVICE FACILITY means that building or structure which has been designated by the city council to house facilities which are necessary for emergency operations.

FIRE PROTECTION ENGINEER means an individual registered by the State of California to practice fire protection engineering and to use the title, Fire Protection Engineer, as defined in the State of California Business and Professions Code.

HAZARDOUS FIRE AREA means the “Wildland-Urban Interface Fire Area” as defined in Section 702A as amended by the city of Fremont.

HISTORIC BUILDING OR STRUCTURE means as defined in the Section 8-201, Chapter 8-2, Part 8, 2022 California Historical Building Code, Title 24 of the California Codes of Regulations.

REPLACEMENT VALUE is the dollar value, as determined by the building official based upon the square footage and the guidelines used in establishing the valuation of new construction, of replacing the damaged structure with a new structure of the same size, construction material and occupancy on the same site.

VALUE OF REPAIR is the dollar value, as determined by the building official, of making the necessary repairs to a damaged structure.

Sec. 15.10.270 Amendment to 2022 CBC Section 903 (Automatic Sprinkler System).

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Section 903 of the 2022 California Building Code is amended as follows:

903.1 General. Automatic sprinkler systems shall be provided as set forth in Section 903 of the California Fire Code as adopted and amended by FMC Section 15.35.150.

903.1.1 – 903.4.3 deleted

903.5 {CBC text not modified}

Sec. 15.10.280 Amendment to the 2022 CBC Section 1020 (Corridors).

Table 1020.1 of the 2022 California Building Code is amended by modifying the third row below the header to read as follows. The remainder of Table 1020.1 is unchanged.

Occupancy
Occupant Load
Served by
Corridor
Required Fire-
Resistance Rating
(Hours) – Without
Sprinkler System
Required Fire-
Resistance Rating
(Hours) – With
Sprinkler System
Ae E Greater than 30 1 1
B, F, M, S, U Greater than 30 1 0

Sec. 15.10.290 Amendment to 2022 CBC Section 1507 (Requirement for Roof Covering).

Section 1507 of the 2022 California Building Code is amended as follows:

1507.1 {CBC text not modified}

1507.1.3 Certification. The installer of the roof covering shall provide certification of the roof covering classification to the building owner and to the city when roof covering installation is subject to the 2022 CBC Chapter 7A.

Exceptions:

1. The certification requirements of this section shall not apply to any building which is subject to addition, repair, alterations, roof installation, or replacement of less than 50 percent of the existing building’s roof area over the life of the building commencing on or after the effective date of February 15, 1991.

2. For accessory building, refer to Section 105.2, Exception 1. 1507.2 – 1507.3 {CBC text not modified}
1507.3.1 Deck requirements. Concrete and clay tile shall be installed only over solid structural sheathing boards.
1507.3.2 – 1507.18.7 {CBC text not modified}

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Sec. 15.10.300 Amendment to the 2022 CBC Section 1612 (Flood Loads).

Section 1612 of the 2022 California Building Code is amended as follows:

1612.1 – 1612.2 {CBC text not modified}

1612.3 Establishment of flood hazard areas. To establish flood hazard areas, the governing body shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency in an engineering report entitled “The Flood Insurance Study for Alameda County, California”, revision dated August 3, 2009, as amended, with the accompanying Flood Insurance Rate Map (FIRM) and related supporting data along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this section.

Exception: {CBC text not modified}
1612.3.1. – 1612.4 {CBC text not modified}
Sec. 15.10.310 Amendment to 2022 CBC Section 1613 (Earthquake Load).

Section 1613 of the 2022 California Building Code is amended as follows:

1613.1 – 1613.4 {CBC text not modified}

1613.4.1 Special Requirements for Means of Egress. Suspended ceiling assemblies located along means of egress serving an occupant load of 30 or more shall comply with the following provisions.
1613.4.2 General. Ceiling suspension systems shall be connected and braced with vertical hangers attached directly to the structural deck along the means of egress serving an occupant load of 30 or more and at lobbies accessory to Group A occupancies.

Spacing of vertical hangers shall not exceed 2 feet (610 mm) on center along the entire length of the suspended ceiling assembly located along the means of egress or at the lobby.
1613.4.3 Assembly Device. All lay-in panels shall be secured to the suspension ceiling assembly with 2 hold-down clips minimum for each tile within a 4-foot (1,219 mm) radius of the exit lights and exit signs.
1613.4.4 Emergency Systems. Independent supports and braces shall be provided for light fixtures required for exit illumination. Power supply for exit illumination shall comply with the requirements of Section 1008.3 of this code. 1613.4.5 Supports for Appendage. Separate support from the structural deck shall be provided for all appendages such as light fixtures, air diffusers, exit signs, and similar elements.

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Sec. 15.10.320 Amendment to 2022 CBC Section 1704 (Special Inspections and Tests, Contractor Responsibility and Structural observations).

Section 1704 of the 2022 California Building Code is amended as follows:
1704.1 - 1704.5 {CBC text not modified}
1704.6 Structural observations. Where required by the provisions of Section 1704.6.1 and 1704.6.2, the owner or the owner’s authorized agent shall employ a structural observer to perform structural observations. Structural observation does not include or waive the responsibility of the inspections or special inspections in Section 1705 or other sections of this code. The structural observer shall be one of the following individuals:

1. The registered design professional responsible for the structural design, or

2. A registered design professional designated by the registered design professional responsible for the structural design.

Prior to the commencement of observations, the structural observer shall submit to the building official a written statement identifying the frequency and extent of structural observations.

The owner or owner’s representative shall coordinate and call a preconstruction meeting between the structural observer, contractors, affected subcontractors and special inspectors. The structural observer shall preside over the meeting. The purpose of the meeting shall be to identify the major structural elements and connections that affect the vertical and lateral load resisting systems of the structure and to review scheduling of the required observations. A record of the meeting shall be included in the report submitted to the building official.

Observed deficiencies shall be reported in writing to the owner or owner’s representative, special inspector, contractor and the building official. Upon the form prescribed by the building official, the structural observer shall submit to the building official a written statement at each significant construction stage stating that the site visits have been made and identifying any reported deficiencies which, to the best of the structural observer’s knowledge, have not been resolved. A final report by the structural observer which states that all observed deficiencies have been resolved is required before acceptance of the work by the building official.
1704.6.1 Structural observation for seismic resistance. Structural observations shall be provided for those structures to Seismic Design Category D, E, or F, where one or more of the following conditions exist:

1. The structure is classified as Risk Category III or IV in accordance with Table 1604.5.

2. The height of the structure is greater than 75 feet (22,860 mm) above the base.

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3. The structure is classified as Risk Category I or II in accordance with Table 1604.5, and lateral design is required for the structure or portion thereof.

Exception: One-story wood framed Group R-3 and U Occupancies less than 2,000 square feet in area, provided the adjacent grade is not steeper than 1 unit vertical in 10 units horizontal (10 percent sloped), assigned to Seismic Category D.

4. When so designated by the registered design professional responsible for the structural design.

5. When such observation is specifically required by the building official. 1704.6.2 {CBC text not modified}
Sec. 15.10.330 Amendment to 2022 CBC Section 1705 (Required Verification and Inspection).

Section 1705 of the 2022 California Building Code is amended as follows:

1705.1 – 1705.2. 4 {CBC text not modified}
1705.3 Concrete Construction. The special inspections and verifications for concrete construction shall be as required by this section and Table 1705.3.

Exceptions: Special inspection and tests shall not be required for:

1. Isolated spread concrete footings of buildings 3 stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength, f’c, no greater than 2,500 pounds per square inch (psi) (17.2 Mpa).

2. Continuous concrete footings supporting walls of buildings 3 stories or less in height that are fully supported on earth or rock where:

2.1. The footings support walls of light-frame construction;

2.2. The footings are designed in accordance with Table 1809.7; or

2.3. The structural design of the footing is based on a specified compressive strength, f’c, no greater than 2,500 pounds per square inch (psi) (17.2 Mpa), regardless of the compressive strength specified in the construction documents or used in the footing construction.

3. Nonstructural concrete slabs supported directly on the ground, including prestressed slabs on grade, where the effective prestress in the concrete is less than 150 psi (1.03 Mpa).

4. deleted

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5. Concrete patios, driveways and sidewalks, on grade.
1705.3.1-1705.11.3 {CBC text not modified}

1705.12 Special inspections for seismic resistance. Special inspections for seismic resistance shall be required as specified in Sections 1705.12.1 through 1705.12.9, unless exempted by the exceptions of Section 1704.2.

Exception: The special inspections specified in Sections 1705.12.1 through 1705.12.9 are not required for structures designed and constructed in accordance with 1 of the following:

1. The structure consists of light-frame construction; the design spectral response acceleration at short periods, SDS, as determined in Section 1613.3.4, does not exceed

0.5; and the building height of the structure does not exceed 35 feet (10,668 mm).

2. The seismic force-resisting system of the structure consists of reinforced masonry or reinforced concrete; the design spectral response acceleration at short periods, SDS, as determined in Section 1613.3.4, does not exceed 0.5; and the building height of the structure does not exceed 25 feet (7,620 mm).

3. The structure is a detached 1- or 2-family dwelling not exceeding two stories above grade plane, is not assigned to Seismic Design Category D, E or F and does not have any of the following horizontal or vertical irregularities in accordance with Section

12.3 of ASCE 7:

3.1 Torsional or extreme torsional irregularity.

3.2 Nonparallel systems irregularity.

3.3 Stiffness-soft story or stiffness-extreme soft story irregularity.

3.4 Discontinuity in lateral strength-weak story irregularity. 1705.12.1 – 1705.18.2 {CBC text not modified}

Sec. 15.10.340 Amendment to 2022 CBC Section 1707 (Alternative Test Procedure).

Section 1707.1 of the 2022 California Building Code is amended as follows:
1707.1 General. In the absence of approved rules or other approved standards, the building official shall make, or cause to be made, the necessary tests and investigations; or the building official shall accept duly authenticated reports from approved agencies in respect to the quality and manner of use of new materials or assemblies as provided for in Section 104.11. The cost of all tests and other investigations required under the provisions of this code shall be borne by the owner or the owner’s authorized agent.

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Sec. 15.10.350 Amendment to 2022 CBC Section 1803 (Geotechnical Investigations).

Section 1803 of the 2022 California Building Code is amended as follows:
1803.1 – 1803.1.1.5 {CBC text not modified}
1803.2 {CBC text not modified}
Exceptions: The following occupancies are exempt:

1. Group U occupancies;

2. Additions to R3 Occupancies;

a. First floor additions:

a.1 Existing building has a continuous foundation (spread footing); and

a.2 New foundation dimensions at minimum meets requirements from CBC Table 1809.7 and are 15” embedded into undisturbed soil; and

a.3 Building site is not within seismic induced landslide hazard zone.

b. First floor additions:

b.1 Existing building has pier and grade beam foundation system; and

b.2 New piers and grade beam system shall be designed by an Architect, Civil, or Structural engineer registered in the State of California; and

b.4 New piers shall be minimum of 16 inches in diameter, and 8 feet in depth; and

b.5 Building site is not within seismic induced landslide hazard zone.

c. Second-story additions over existing structure:

c.1 The Architect or Engineer of Record certifies in writing that any new foundation type matches existing foundation; and

c.2 When an Architect, Civil or Structural engineer registered in the State of California provides the structural design; and

c.3 Building site is not within seismic induced landslide hazard zone.

3. A new soil report is not required when an existing soil report is available for the original construction of the existing structure and the soil engineer allows extension of

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the existing report for the proposed addition construction. An amended soil report is required to meet the investigated conditions (CBC Section 1803.5) and reporting requirements (CBC Section 1803.6).

4. Accessory Dwelling Units (ADU’s), accessory buildings, and minor additions may be exempted by the building official.
1803.3 – 1803.5.12 {CBC text not modified}
1803.6 {CBC text not modified}

1. – 11. {CBC text not modified}

12. Drainage and erosion control recommendations.

13. Minimum building setbacks to slope tops or toes.

14. Equivalent-fluid-density lateral loads used in design of retaining walls or basement walls.

15. Ground response evaluation by geologist licensed in California for:
a. Flexible structures located on site having soft to medium cohesion less soils in upper 50 feet and depth to bedrock is 400 feet or greater; and b. Structures having irregular shapes, framing systems, or other unusual features as determined by the building official.

16. Liquefaction evaluation for the following uses:
a. Subdivisions of Group R-3 occupancy having 4 units or more; b. Apartment or condominium complexes of Group R- 2 occupancy having 50 or more units;
c. Structure of 4 or more stories or over 35 feet high; d. Commercial, industrial, and institutional projects having 250 occupants or more; e. Essential facilities.

17. Slope stability evaluation in areas subject to localized or major landslides.

18. Surface rupture evaluation by geologist licensed in California for all projects for human occupancy located with a Geologic Hazards Special Studies Zone, as mapped by the California Division of Mines and Geology.

19. Soil corrosive analysis and long-term corrosion control design recommendations.

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1803.7 {CBC text not modified}
1803.8 Review. Before issuing a permit for a building where soil and foundation investigation is required, the Geotechnical Engineer or Civil Engineer who prepared the soil investigation shall state in writing (must be signed and stamped):

1. The plans and specifications substantially conform to the recommendations in the soil investigation.

2. The Geotechnical Engineer or Civil Engineer who prepared the soil investigation has been retained to provide soil site observation and provide periodic and final reports to the city.
1803.9 Field Report. Before requesting a foundation inspection from the city, the Geotechnical Engineer or Civil Engineer who prepared the soil investigation shall provide a written field report stating:

1. The building pad was prepared and compacted in accordance with the soil report and specification.

2. The foundation or pier excavation, depth, backfill materials, and drainage (if applicable) substantially conforms with the soil report and approved plans. 1803.10 Final Report. Before final inspection for any building or structure, the Geotechnical Engineer or Civil Engineer who prepared the soil investigation shall issue a final report stating the completed pad, foundation, finish grading, drainage, and associated site work substantially conforms to the approved plans, specifications, and investigation.

Sec. 15.10.360 Amendment to 2022 CBC Section 1804 (Excavation, Grading and Fill).

Section 1804 of the 2022 California Building Code is amended as follows:

1804.1 – 1804.4.1 {CBC text not modified}
1804.4.2 Slopes for permanent fills shall not be steeper than 3 horizontal to 1 vertical.

Cut slopes for permanent excavations shall not be steeper than 3 horizontal to 1 vertical unless substantiating data justifying steeper cut slopes is submitted. Deviation from the foregoing limitations for cut slopes shall be permitted only upon the presentation of a soils report acceptable to the building official. All site improvements shall be designed and constructed in accordance with the recommendations contained in the soil report. 1804.4.3 Where cuts or fills are to be made as described above, pad elevation certification(s) will be required prior to foundation inspection. Required certification shall be made by a licensed Land surveyor or registered civil engineer in the State of California.
1804.5 – 1804.7 {CBC text not modified}

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Sec. 15.10.370 Amendment to 2022 CBC Section 1807 (Foundation Walls, Retaining Walls and Embedded Posts and Poles).

Section 1807 of the 2022 California Building Code is amended as follows:

1807.1 – 1807.1.5 {CBC text not modified}
1807.1.6 Prescriptive design of concrete and masonry foundation walls. Concrete and masonry foundation walls that are laterally supported at the top and bottom shall be permitted to be designed and constructed in accordance with this section. Prescriptive design of foundation walls shall not be used for structures assigned to Seismic Design Category D, E or F.
1807.1.6.1 – 1807.3.3 {CBC text not modified}
Sec. 15.10.380 Amendment to 2022 CBC Section 1809 (Shallow Foundations).

Section 1809 of the 2022 California Building Code is amended as follows:

1809.1 – 1809.2 {CBC text not modified}
1809.3 Stepped footings. The top surface of footings shall be level. The bottom surface of footings shall be permitted to have a slope not exceeding 1 unit vertical in 10 units horizontal (10 percent slope). Footings shall be stepped where it is necessary to change the elevation of the top surface of the footing or where the surface of the ground slopes more than one unit vertical in 10 units horizontal (10 percent slope).

For structures assigned to Seismic Design Category D, E or F, the stepping requirement shall also apply to the top surface of grade beams supporting walls.

Footings shall be reinforced with four No. 4 bars. Two bars shall be place at the top and bottom of the footings as shown in Figure 1809.3.

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1809.4 – 1809.6 {CBC text not modified}
1809.7 Prescriptive footings for light-frame construction. Where a specific design is not provided, concrete or masonry-unit footings supporting walls of light-frame construction shall be permitted to be designed in accordance with Table 1809.7. Prescriptive footings in Table 1809.7 shall not exceed 1story above grade plane for structures assigned to Seismic Design Category D, E or F.

TABLE 1809.7

PRESCRIPTIVE FOOTINGS SUPPORTING WALLS OF
LIGHT-FRAME CONSTRUCTION a, b, c, d, e

NUMBER OF FLOORS

SUPPORTED BY THE
FOOTING f

WIDTH OF

FOOTING
(inches)

THICKNESS OF
FOOTING (inches)
1 12 6
2 15 6
3 18 8 g

For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm
a. Depth of footings shall be in accordance with Section 1809.4. b. The ground under the floor shall be permitted to be excavated to the elevation of the top of the footing. c. Not adopted, deleted
d. See Section 1908 for additional requirements for concrete footings of structures assigned to Seismic Design Category C, D, E or F. e. For thickness of foundation walls, see Section 1807.1.6. f. Footings shall be permitted to support a roof addition to the stipulated number of floors. Footings supporting roof only shal l be as required for supporting one floor.
g. deleted

1809.8 deleted.

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1809.9. – 1809.14 {CBC text not modified}
Sec. 15.10.390 Amendment to 2022 CBC Section 1905 (Modifications to ACI 318).

Section 1905 of the 2022 California Building Code is amended as follows:

1905.1.1 – 1905.1.2 {CBC text not modified}

1905.1.3 ACI 318, Section 18.5. Modify ACI 318, Section 18.5, by adding new Section

18.5.3:

18.5.3 – Wall segments with a horizontal length-to-thickness ratio less than 2.5 shall be designed as columns.
1905.1.4 – 1905.1.6 {CBC text not modified}
1905.1.7 ACI 318, Section 14.1.4. Delete ACI 318, Section 14.1.4, and replace with the following:

14.1.4 – Plain concrete in structures assigned to Seismic Design Category C, D, E or F.

14.1.4.1 – Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete, except as follows:

(b) Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness.

Exception: deleted.

(c) Plain concrete footings supporting walls are permitted provided the footings have at least 2 continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have a total area of not less than 0.002 times the gross cross-sectional area of the footing. A minimum of 1 bar shall be provided at the top and bottom of the footing.

Continuity of reinforcement shall be provided at corners and intersections.

Exceptions:

1. In detached 1- and 2-family dwellings 3 stories or less in height and constructed with stud-bearing walls, are permitted to have plain concrete footings with at least 2 continuous longitudinal reinforcing bars not smaller than No. 4 are permitted to have a total area of less than 0.002 times the gross cross-sectional area of the footing.

2. Deleted.

3. Deleted.

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1905.1.8 {CBC text not modified}
1905.1.9 ACI 318, Section 18.7.5. Modify ACI 318, Section 18.7.5, by adding Section

18.7.5.8 and 18.7.5.9 as follows:

18.7.5.8 Where the calculated point of contraflexure is not within the middle half of the member clear height, provide transverse reinforcement as specified in ACI 318, Sections

18.7.5.1, Items (a) through (c), over the full height of the member.

18.7.5.9 – At any section where the design strength, Pn, of the column is less than the sum of the shears Ve computed in accordance with ACI 318, Sections 18.6.5.1 and

18.7.6.1 for all the beams framing into the column above the level under consideration, transverse reinforcement as specified in ACI 318, Sections 18.6.5.1 through 18.6.5.3 shall be provided. For beams framing into opposite sides of the column, the moment components are permitted to be assumed to be of opposite sign. For the determination of the design strength, Pn, of the column, these moments are permitted to be assumed to result from the deformation of the frame in any one principal axis.

1905.1.10 ACI 318, Section 18.10.4. Modify ACI 318, Section 18.10.4, by adding Section 18.10.4.6 as follows:

18.10.4.6 – Walls and portions of walls with Pu > 0.35Po shall not be considered to contribute to the calculated shear strength of the structure for resisting earthquake- induced forces. Such walls shall conform to the requirements of ACI 318, Section 18.14.

1905.1.11 ACI 318, Section 18.12.6. Modify ACI 318, by adding Section 18.12.6.2 as follows:

18.12.6.2 Collector and boundary elements in topping slabs placed over precast floor and roof elements shall not be less than 3 inches (76 mm) or 6 db in thickness, where db is the diameter of the largest reinforcement in the topping slab.

Sec. 15.10.400 Amendment to 2022 CBC Section 1906 (Structural Plain Concrete).

Section 1906 of the 2022 California Building Code is deleted.

Sec. 15.10.410 Amendment to 2022 CBC Section 1907 (Minimum Slab Provisions).

Section 1907 of the 2022 California Building Code is amended by adding the following sentence to the end of subsection 1907.1:

Slabs shall have 6 x 6 x 10/-10 wire mesh or equal at mid-height. 1907.1.1 {CBC text not modified}

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Sec. 15.10.420 Amendment to 2022 CBC Section 2304 (General Construction Requirements).

Section 2304 text and Table 2304.10.1 of the 2022 California Building Code are amended as follows:

2304.1 – 2304.8.2 {CBC text not modified}
2304.8.2 Exception: 3/8 “ plywood is not allowed to be used as roof sheathing. 2304.10.1 Fastener requirements. Connections for wood members shall be designed in accordance with the appropriate methodology in Section 2301.2. The number and size of fasteners connecting wood members shall not be less than that set forth in Table 2304.10.1. Staple fasteners in Table 2304.10.1 shall not be used to resist or transfer seismic forces in structures assigned to Seismic Design Category D, E or F.

Exception: Staples may be used to resist or transfer seismic forces when the allowable shear values are substantiated by cyclic testing and approved by the building official. 2304.10.1.1. – 2304.13 {CBC text not modified}
Add new footnote d. to Table 2304.10.1. to read as follows. The remaining portions of Table 2304.10.1 are not modified.
d. Staples shall not be used to resist or transfer seismic forces in structures assigned to Seismic Design Category D, E or F.

Sec. 15.10.430 Amendment to 2022 CBC Section 2305 (General Design Requirements for Lateral-Force-Resisting Systems).

Section 2305 of the 2022 California Building Code is amended as follows:

2305.1 – 2305.3 {CBC text not modified}

2305.4 Quality of Nails. In Seismic Design Category D, E or F, mechanically driven nails used in wood structural panel shear walls shall meet the same dimensions as that required for hand-driven nails, including diameter, minimum length and minimum head diameter.

Clipped head or box nails are not permitted in new construction. The allowable design value for clipped head nails in existing construction may be taken at no more than the nail-head-area ratio of that of the same size hand-driven nails.

2305.5 Hold-down connectors. In Seismic Design Category D, E or F, hold-down connectors shall be designed to resist shear wall overturning moments using approved cyclic load values or 75 percent of the allowable seismic load values that do not consider cyclic loading of the product. Connector bolts into wood framing shall require steel plate washers on the post on the opposite side of the anchorage device. Plate size shall be a minimum of 0.229 inches by 3 inches by 3 inches (5.82 mm by 76 mm by 76 mm) in

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size. Hold-down connectors shall be tightened to finger tight plus 1/2 wrench turn just prior to covering the wall framing.

Sec. 15.10.440 Amendment to 2022 CBC Section 2306 (Allowable Stress Design).

Section 2306 of the 2022 California Building Code is amended as follows:

2306.1 – 2306.1.4 {CBC text not modified}
2306.2 Wood-frame diaphragms. Wood-frame diaphragms shall be designed and constructed in accordance with AWC SDPWS. Where panels are fastened to framing members with staples, requirements and limitations of AWC SDPWS shall be met and the allowable shear values set forth in Table 2306.2(1) or 2306.2(2) shall only be permitted for structures assigned to Seismic Design Category A, B, or C.

Exception: Allowable shear values where panels are fastened to framing members with staples may be used if such values are substantiated by cyclic testing and approved by the building official.

The allowable shear values in Tables 2306.2(1) and 2306.2(2) are permitted to be increased 40 percent for wind design.

Wood structural panel diaphragms used to resist seismic forces in structures assigned to Seismic Design Category D, E or F shall be applied directly to the framing members.

Exception: Wood structural panel diaphragms are permitted to be fastened over solid lumber planking or laminated decking, provided the panel joints and lumber planking or laminated decking joints do not coincide.

2306.2.1 deleted.
2306.3 Wood structural panel shear walls. Wood-frame shear walls shall be designed and constructed in accordance with AWC SDPWS. For structures assigned to Seismic Design Category D, E, or F, application of Tables 4.3A and 4.3B of AWC SDPWS shall include the following:

1. Wood structural panel thickness for shear walls shall not be less than 7/16 inch thick OSB, or 1/2 inch plywood and studs shall not be spaced at more than 16 inches on center.

2. The maximum nominal unit shear capacities for wood structural panels resisting seismic forces in structures assigned to Seismic Design Category D, E or F is specified in the tables.

Exception: Other nominal unit shear capacities may be permitted if such values are substantiated by cyclic testing and approved by the building official.

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3. Where shear design values using allowable stress design (ASD) exceed 350 plf or load and resistance factor design (LRFD) exceed 500 plf, all framing members receiving edge nailing from abutting panels shall not be less than a single 3-inch nominal member, or two 2-inch nominal members fastened together in accordance with Section 2306.1 to transfer the design shear value between framing members. Wood structural panel joint and sill plate nailing shall be staggered at all panel edges. See Sections 4.3.6.1 and

4.3.6.4.3 of AWC SDPWS for sill plate size and anchorage requirements.

4. Nails shall be placed not less than 1/2-inch in from the panel edges and not less than 3/8 inch from the edge of the connecting members for shear greater than 350 plf using ASD or 500 plf using LRFD. Nails shall be placed not less than 3/8-inch from panel edges and not less than 1/4-inch from the edge of the connecting members for shears of 350 plf or less using ASD or 500 plf or less using LRFD.

5. Table 4.3B application is not allowed for structures assigned to Seismic Design Category D, E, or F.

For structures assigned to Seismic Design Category D, application of Table 4.3C of AWC SDPWS shall not be used below the top level in a multi-level building for structures.

Where panels are fastened to framing members with staples, requirements and limitations of AWC SDPWS shall be met and the allowable shear values set forth in Table 2306.3(1), 2306.3(2) or 2306.3(3) shall only be permitted for structures assigned to Seismic Design Category A, B, or C.

Exception: Allowable sh ear values where panels are fastened to framing members with staples may be used if such values are substantiated by cyclic testing and approved by the building official.

The allowable shear values in Tables 2306.3(1) and 2306.3(2) are permitted to be increased 40 percent for wind design. Panels complying with ANSI/APA PRP-210 shall be permitted to use design values for Plywood Siding in the AWC SDPWS.

Sec. 15.10.450 Amendment to 2022 CBC Section 2307 (Load and Resistant Factor Design).

Section 2307 of the 2022 California Building Code is amended as follows:

2307.1 {CBC text not modified}
2307.2 Wood-frame shear walls. Wood-frame shear walls shall be designed and constructed in accordance with Section 2306.3 as applicable.

Sec. 15.10.460 Amendment to 2022 CBC Section 2308 (Conventional Light Frame Construction).

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Section 2308 of the 2022 California Building Code is amended as follows:

2308.1 – 2308.6.8 {CBC text not modified except table 2308.6.1} 2308.6.8.1 Foundation requirements. Braced wall lines shall be supported by continuous foundations.

Exception: For structures with a maximum plan dimension not over 50 feet (15,240 mm), continuous foundations are required at exterior walls only for structures assigned to Seismic Design Category A, B, or C.

For structures in Seismic Design Categories D and E, exterior braced wall panels shall be in the same plane vertically with the foundation or the portion of the structure containing the offset shall be designed in accordance with accepted engineering practice and Section 2308.1.1.
2308.6.8.2 – 2308.6.8.3 {CBC text not modified}
2308.6.9 Attachment of sheathing. Fastening of braced wall panel sheathing shall not be less than that prescribed in Table 2308.6.1 or 2304.10.1. Wall sheathing shall not be attached to framing members by adhesives. Staple fasteners in Table 2304.10.1 shall not be used to resist or transfer seismic forces in structures assigned to Seismic Design Category D, E or F.

Exception: Staples may be used to resist or transfer seismic forces when the allowable shear values are substantiated by cyclic testing and approved by the building official.

All braced wall panels shall extend to the roof sheathing and shall be attached to parallel roof rafters or blocking above with framing clips (18 gauge minimum) spaced at maximum 24 inches (6,096 mm) on center with four 8d nails per leg (total eight 8d nails per clip). Braced wall panels shall be laterally braced at each top corner and at maximum 24 inches (6,096 mm) intervals along the top plate of discontinuous vertical framing.

2308.6.10 – 2308.8.2 {CBC text not modified}

Add new footnotes f. and g. to Table 2308.6.1:

Footnote f.– DWB, SFB, PBS, GB, PCP, and HPS wall braces are not permitted in Seismic Design Category D or E.

Footnote g. – WSP sheathing shall be a minimum of 7/16 inches thick , or 1/2 inch plywood nailed with 8d common nails placed 3/8 inches from panel edges and spaced not more than 6 inches on center and 12 inches on center along intermediate framing members.

Sec. 15.10.470 Amendment to 2022 CBC Section 2505 (Shearwall Construction).

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Section 2505 of the 2022 California Building Code is deleted.

Sec. 15.10.480 Amendment to 2022 CBC Section 2508 (Gypsum Construction).

Section 2508 of the 2022 California Building Code is amended as follows.

2508.1 – 2508.4 {CBC text not modified}
2508.5 deleted.

Sec. 15.10.490 Amendment to 2022 CBC Section 3304 (Site Work).

Section 3304 of the 2022 California Building Code is amended as follows.

3304.1 – 3304.1.5 {CBC text not modified}
3304.2 Dust and Mud Control Measures. Contractors performing grading operations or site work within the city where dry conditions or wet conditions are encountered shall adequately and effectively control dust or mud from spreading off site or onto existing structures on site. Prior to commencement of grading operations, contractor shall furnish details of proposed dust or mud control measures to the building official for approval.

Failure to control dust or mud from grading operations shall result in suspension of grading operations until adequate measures are in place to allow continuance.

Sec. 15.10.500 Supplemental Building Codes.

The provisions of Fremont Municipal Code Title 15 (Buildings and Construction), Chapter 15.50 (Building Security) supplement the 2022 California Building Code as adopted by this chapter as provided in Penal Code §14051.

SECTION 4. FMC CHAPTER 15.15 REPEALED AND REPLACED
Chapter 15.15 (Fremont Mechanical Code) of Fremont Municipal Code Title 15 (Buildings and Construction), Division 1 (Fremont Building Standards Code) is repealed and replaced to read as follows:

Sec. 15.15.010 Title.

This chapter shall be known and may be cited as the “Fremont mechanical code” or “Fremont municipal mechanical code” or “FMMC” and will be referred to in this chapter as “this code.”

Sec. 15.15.020 Adoption of the 2022 CMC with Amendments.

The 2022 edition of the California Mechanical Code (CMC) as published by the California Building Standards Commission is adopted as the mechanical code of the city of Fremont, California, as if fully set out in this chapter, and is amended as set forth in this chapter. A copy of 2022 CMC shall be maintained on file in the office of the city clerk.

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Sec. 15.15.030 2022 CMC Appendix Chapters Adopted.

The following Appendix Chapters and Divisions of the 2022 California Mechanical Code are adopted by the city of Fremont.
(a) Appendix B (Procedures to be Followed to Place Gas Equipment in Operation) (b) Appendix C (Installation and Testing of Oil (Liquid) Fuel-Fired Equipment (c) Appendix D (Fuel Supply: Manufactured/Mobile Home Parks and Recreational Vehicle Parks)

Sec. 15.15.040 2022 CMC Chapter 1, Division II is not Adopted.

Chapter 1, Division II of the 2022 California Mechanical Code is not adopted by the city of Fremont. Refer to FMC Section 15.05 and 15.10.040 for Administration and Enforcement requirements. References to model codes in the adopted sections shall mean the corresponding California Codes as adopted by the city of Fremont.

Sec. 15.15.050 Amendment of 2022 CMC Section 507 (Commercial Hoods & Kitchen Ventilation).

Section 507 of the 2022 California Mechanical Code is amended as follows:
507.0 – 507.3.1 { CMC text not modified}

507.3.2 Type I hoods or portions thereof penetrating a ceiling or furred space must conform to the grease duct enclosure requirements in Section 510.7. 507.3.3 Hoods less than 12 inches from a ceiling or wall shall be solidly flashed with materials of the same thickness as the hood as specified in Section 508.3. 507.4 – 507.6 {CMC text not modified}
Sec. 15.15.060 Amendment of 2022 CMC Section 510 (Exhaust Duct Systems).

Sections 510 of the 2022 California Mechanical Code is amended as follows:

510.0 – 510.6.1 {CMC text not modified}
510.7 Interior Installations in all buildings, the ducts shall be enclosed in a continuous enclosure extending from the lowest fire-rated ceiling or floor above the hood, through any concealed spaces, to or through the roof so as to maintain the integrity of the fire separations required by the applicable building code provisions. The enclosure shall be sealed around the duct at the point of penetration of the lowest fire-rated ceiling or floor above the hood in order to maintain the fire resistance rating of the enclosure and shall be vented to the exterior of the building through weather-protected openings.

510.7 Exception – 510.10 {CMC text not modified}

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SECTION 5. FMC CHAPTER 15.20 REPEALED AND REPLACED
Chapter 15.20 (Fremont Plumbing Code) of Fremont Municipal Code Title 15 (Buildings and Construction), Division 1 (Fremont Building Standards Code) is repealed and replaced to read as follows:

Sec. 15.20.010 Title.

This chapter shall be known and may be cited as the “Fremont plumbing code” or “FPC” and will be referred to in this chapter as “this code.”
Sec. 15.20.020 Adoption of the 2022 CPC With Amendments.

The 2022 edition of the California Plumbing Code (CPC) as published by the California Building Standards Commission is adopted as the Plumbing Code of the city of Fremont, California, as if fully set out in this chapter, and is amended as set forth in this chapter. A copy of the 2022 CPC shall be maintained on file in the office of the city clerk.

Sec. 15.20.030 2022 CPC Appendix Chapters Adopted.

The following Appendix Chapters of the 2022 California Plumbing Code are adopted by the City of Fremont:

(a) Appendix A (Sizing Water Supply System)

(b) Appendix B (Combination Waste and Vent System)

(c) Appendix D (Sizing Storm Water System)

Sec. 15.20.040 2022 CPC Chapter 1, Division II is not adopted.

Chapter 1, Division II of the 2022 California Plumbing Code is not adopted by the city of Fremont refer to FMC Section 15.05 and 15.10.040 for Administration and Enforcement requirements. References to model codes in the adopted sections shall mean the corresponding California Codes as adopted by the city of Fremont.

Sec. 15.20.050 Amendment of 2022 CPC Section 1211 (Electrical bonding and grounding).

Section 1211 of the 2022 California Plumbing Code is amended as follows:
1211.0 – 1211.6 {CPC text not modified}

Section 1211.7 Earthquake-Actuated Gas Shutoff Valves. Earthquake-actuated gas shutoff valves designed to automatically shut off the gas at the location of the valve in the event of a seismic disturbance and certified by the Stated Architect as conforming to California Code of Regulations, Title 24, Part 12, Chapter 12-16-1,

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shall be installed in all new buildings and in existing buildings that undergo alterations or additions that exceed $10,000.

SECTION 6. FMC CHAPTER 15.25 REPEALED AND REPLACED
Chapter 15.25 (Fremont Electrical Code) of Fremont Municipal Code Title 15 (Buildings and Construction), Division 1 (Fremont Building Standards Code) is repealed and replaced to read as follows:

Sec. 15.25.010 Title.

This chapter shall be known and may be cited as the “Fremont electrical code” or “FEC” and will be referred to in this chapter as “this code.”
Sec. 15.25.020 Adoption of the 2022 California Electrical Code without amendments.

The 2022 edition of the California Electrical Code (CEC) as published by the California Building Standards Commission is adopted as the Electrical Code of the city of Fremont, California, as if fully set out in this chapter, and is amended as set forth in this chapter. A copy of the 2022 CEC shall be maintained on file in the office of the city clerk.

Sec. 15.25.030 Amendment of 2022 CEC Article 110 (Requirements for Electrical Installations).

Article 110 of the 2022 California Electrical Code is amended as follows:

110.1-110.3(A)(1) {text not modified}

110.3(A)(2) Mechanical strength and durability, including, for parts designed to enclose and protect their equipment, the adequacy of the protection thus provided. Grounding electrodes, metallic raceways, or other metallic components of electrical systems, intended for direct contact with the earth shall be constructed of non-ferrous materials such as copper where highly corrosive conditions exist based on reports from a licensed soils engineer.

110.3(A)(3)-110.79 {text not modified}

Sec. 15.25.040 Amendment of 2022 CEC Article 230 (Services).

Article 230 of the 2022 California Electrical Code is amended as follows. 230.1-230.31 {text not modified}

230.32 Protection Against Damage. Underground service-lateral conductors shall be protected against damage in accordance with 300.5. Service-lateral conductors entering a building shall be installed in accordance with 230.6 or protected by a raceway wiring method identified in 230.43.

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230.33-230.212 {text not modified}

SECTION 7. FMC CHAPTER 15.30 REPEALED AND REPLACED
Chapter 15.30 (Fremont Existing Building Code) of Fremont Municipal Code Title 15 (Buildings and Construction), Division 1 (Fremont Building Standards Code) is repealed and replaced to read as follows:

Sec. 15.30.010 Title.

This chapter shall be known and may be cited as the “Fremont existing building code” or “FEBC” and will be referred to in this chapter as “this code.” Sec. 15.30.020 Adoption of the 2022 California Existing Building Code with Amendments.

The 2022 edition of the California Existing Building Code (CEBC) as published by the International Code Council is adopted as the Existing Building Code of the city of Fremont, California, without amendments, as if fully set out in this chapter. A copy of 2022 CEBC shall be maintained on file in the office of the city clerk.

Sec. 15.30.030 2022 CEBC Appendix Chapters Adopted.

The following Chapters and Divisions of the 2022 California Existing Building Code are adopted by the city of Fremont. The remaining Chapters are not adopted. (a) Appendix A3 (Prescriptive Provisions for Seismic Strengthening of Cripple Walls and Sill Plate Anchorage of Light, Wood-Frame Residential Buildings).

Sec. 15.30.040 2022 CEBC Chapter 1, Division II is not Adopted.

Chapter 1, Division II of the 2022 California Existing Building Code is not adopted by the city of Fremont. Refer to FMC Sections 15.05 and 15.10.040 for Administration and Enforcement requirements. References to model codes in the adopted sections shall mean the corresponding California Codes as adopted by the city of Fremont.

Sec. 15.30.050 Amendment of 2022 CEBC Section 301 (General).

Section 301 of 2022 California Existing Building Code is amended as follows:
301 Scope.

Additions, alterations or repairs to an existing building or structure which are located within the Wildland-Urban Interface Fire Area shall comply with the requirements of FMC Section 15.10.230.

Exceptions: {CEBC text not modified}

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301.1.1 – 301.5 {CEBC text not modified}
Sec. 15.30.060 Amendment of 2022 CEBC Section 401 (General).

Section 401 of 2022 California Building Code is amended as follows:

401.1 Scope. {CEBC text not modified}
Additions, alterations or repairs to an existing building or structure which are located within the Wildland-Urban Interface Fire Area shall comply with the requirements of FMC Section 15.10.250.

Exceptions: {CEBC text not modified}
401.1.1 – 401.5 {CEBC text not modified}
Sec. 15.30.070 Amendment to 2022 CEBC 407 (Change of Occupancy).

Section 407 of 2022 California Existing Building Code is amended as follows:

407.1 – 407.4.1 {CEBC text not modified}
407.5 AFES. When a change of occupancy results in a structure being reclassified to a higher occupancy category per Table 407.5.1, an automatic fire extinguishing system shall be installed throughout the structure.
*Table 407.5.1
Relative Hazard Occupancy Classifications
1 (Highest Hazard) H
2 I-2, I-3, I-4
3 A,E, I-1,M,R-1,R-2,R-4
4 B,F-1,R-3,S-1
5 (Lowest Hazard) F-2,S-2,U
* Ref: 2015 IEBC Table 1012.4
SECTION 8. FMC CHAPTER 15.40 REPEALED AND REPLACED
Chapter 15.40 (Fremont Swimming Pool and Spa Code) of Fremont Municipal Code Title 15 (Buildings and Construction), Division 1 (Fremont Building Standards Code) is repealed and replaced to read as follows:

Sec. 15.40.010 Title.

This chapter shall be known and may be cited as the “Fremont swimming pool and spa code” and will be referred to in this chapter as “this code.”

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Sec. 15.40.020 Adoption of the 2021 International Swimming Pool and Spa Code (ISPSC) with Amendments.

Chapters 2 through 3 and Chapters 7 through 11 of the 2021 edition of the International Swimming Pool and Spa Code (ISPSC) as published by International Code Council is adopted with amendments as the Swimming Pool and Spa Code of the city of Fremont, California, as if fully set out in this chapter and is amended as provided in this chapter. A copy of the 2018 ISPSC shall be maintained on file in the office of the city clerk.

Sec. 15.40.030 Amendment of the 2021 International Swimming Pool and Spa Code (ISPSC).

The text of the 2021 International Swimming Pool and Spa Code, as adopted and amended by Section 15.50.020, is further amended to conform to the 2022 California Building Standards Code and as recommended by the building official as follows:

The codes, standards and references in this code should be revised as follows:

Delete the following references Insert the following code references • International Building Code • 2022 California Building Code and 2022 California Residential Code
• International Mechanical Code • 2022 California Mechanical Code • National Electrical Code or NFPA 70 • 2022 California Electrical Code • International Fire Code • 2022 California Fire Code
• International Plumbing Code • 2022 California Plumbing Code • International Existing Building Code • 2022 California Existing Building Code • International Residential Code • 2022 California Residential Code • International Fuel Gas Code • 2022 California Plumbing Code • International Energy Conservation
Code
• 2022 California Energy Code

Sec. 15.40.040 Amendment of the 2021 ISPSC Section 303 (Energy).

Section 303 of the 2021 ISPSC is amended as follows:

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303.1 – 303.3 {ISPSC text not modified}

303.3.1 Operating time. The time switch or other control mechanism shall be installed as part of a pool water circulation control system that will allow all pumps to be set or programmed to run only during off-peak electric demand period, and for the minimum time necessary to maintain the water in the condition required by applicable public health standards.

303.4 Covers. Heated pools and outdoor spas shall be provided with a vapor retardant cover.

Exception: Where pools or spas deriving at least 60 percent of the annual heating energy from site solar or recovered energy.

Sec. 15.40.050 Amendment to 2021 ISPSC Section 305 (Barrier Requirements).

Section 305 of the 2021 ISPSC is amended as follows:

305.1 {ISPSC text not modified}

305.2 Outdoor swimming pools and spas. Other than those facilities regulated in Section 305.8, all outdoor pools and spas and indoor swimming pools shall be surrounded by a barrier that complies with Sections 305.2.1 through 305.7.

305.2.1 – 305.7 {ISPSC text not modified}

305.8 Private swimming pools. Whenever a building permit is issued for construction of a new swimming pool or spa, or any building permit is issued for remodeling of an existing pool or spa, at a private, single-family home, it shall be equipped with at least one of the following seven drowning prevention safety features:

1. The pool shall be isolated from access to a home by an enclosure that meets the requirements of Section 305.8.1.

2. The pool shall incorporate removable mesh pool fencing that meets ASTM F 2286 in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device.

3. The pool shall be equipped with an approved safety pool cover that meets all requirements of the ASTM F 1346.

4. The residence shall be equipped with exit alarms on those doors providing direct access to the pool.

5. All doors providing direct access from the home to the swimming pool shall be equipped with a self-closing, self-latching device with a release mechanism placed no

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lower than 54 inches (1,372 mm) above the floor.

6. Swimming pool alarms that, when placed in pools, will sound upon detection of accidental or unauthorized entrance into the water. These pool alarms shall meet and be independently certified to the ASTM F 2208 which includes surface motion, pressure, sonar, laser and infrared type alarms. For purposes of this section, "swimming pool alarms" shall not include swimming protection alarm devices designed for individual use, such as an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water.

7. Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the devices set forth in items 1-4, and have been independently verified by an approved testing laboratory as meeting standards for those devices established by the ASTM or ASME.

Exceptions:

1. This section does not apply to any facility regulated by the State Department of Social Services even if the facility is also used as a private residence of the operator. Pool safety in those facilities shall be regulated pursuant to regulations adopted therefor by the State Department of Social Services.

2. Hot tubs or spas with locking safety covers that comply with the ASTM ES 13-89.

305.9 Enclosure. The enclosure for private swimming pools shall have all of the following characteristics:

1. Any access gates through the enclosure open away from the swimming pool and are self-closing with a self-latching device placed no lower than 60 inches (1,524 mm) above the ground.

2. A minimum height of 60 inches (1,524 mm).

3. A maximum vertical clearance from the ground to the bottom of the enclosure of 2 inches (51 mm).

4. Gaps or voids, if any, do not allow passage of a sphere equal to or greater than 4 inches (102 mm) in diameter.

5. An outside surface free of protrusions, cavities or other physical characteristics that would serve as handholds or footholds that could enable a child below the age of 5 years to climb over.

Sec. 15.40.060 Amendment to 2021 ISPSC Section 310 (Suction Entrapment Avoidance).

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Section 310 of the 2021 ISPSC is amended as follows:

310.1 {ISPSC text not modified}

310.2 Construction Requirements for building a pool or spa. Whenever a building permit is issued for the construction a new private swimming pool or spa, the pool or spa shall meet all of the following requirements:

1. The suction outlet of the pool or spa for which the permit is issued shall be equipped to provide circulation throughout the pool or spa as prescribed in Paragraph 2.

2. The swimming pool or spa shall have at least 2 circulation drains per pump that shall be hydraulically balanced and symmetrically plumbed through one or more "T" fittings, and that are separated by a distance of at least 3 feet in any dimension between the drains.

Suction outlets that are less than 12 inches across shall be covered with anti-entrapment grates, as specified in the ASME/ANSI Standard A 112.19.8, that cannot be removed except with the use of tools. Slots of openings in the grates or similar protective devices shall be of a shape, area and arrangement that would prevent physical entrapment and would pose any suction hazard to bathers.

3. Any backup safety system that an owner of a new swimming pool or spa may choose to install in addition to the requirements set forth in subdivisions (1) and (2) shall meet the standards as published in the document, "Guidelines for Entrapment Hazards: Making Pools and Spas Safer," Publication Number 363, March 2005, United States Consumer Products Safety Commission.

4. Whenever a building permit is for the remodel or modification of any existing swimming pool, toddler pool or spa, the permit shall require that the suction outlet of the existing swimming pool, toddler pool or spa be upgraded so as to be equipped with an anti-entrapment cover meeting current standards of the American Society for Testing and Materials (ASTM) or the American Society of Mechanical Engineers (ASME).

Authority: Health and Safety Code Section 18942(b)

Reference: Health and Safety Code Section 115928 AB 3305 (Statutes 1996, c.925); AB 2977 (Statutes 2006, c.926); AB 382 (Statutes 2007, c.596)

Sec. 15.40.070 Amendment to 2021 ISPSC Section 316 (Heaters)

Section 316 of the 2021 ISPSC is amended as follows:

316.1-316.2 {ISPSC text not modified}

316.2.1 (a) Certification by manufacturers. Heating systems and equipment shall be certified by the manufacturer that the heating system and equipment complies with the following:

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1. Efficiency. A thermal efficiency that complies with the Appliance Efficiency Regulations in Title 20, Division 2, Chapter 4, Article 4 of the California Code of Regulations; and

2. Instructions. A permanent, easily readable and weatherproof plate or card that gives instruction for the energy efficient operation of the pool or spa heater and for the proper care of pool or spa water when a cover is used; and

3. Electric resistance heating. No electric resistance heating.

Exception 1 to Section 110.4(a)4: Listed package units with fully insulated enclosures, and with tight-fitting covers that are insulated to at least R-6.

Exception 2 to Section 110.4(a)4: Pools or spas deriving at least 60 percent of the annual heating energy from site solar energy or recovered energy.

316.2.1 (b) Installation. Any pool or spa system or equipment shall be installed with all of the following;

1. Piping. At least 36 inches of pipe shall be installed between the filter and the heater or dedicated suction and return lines, or built-in or built-up connections shall be installed to allow for the future addition of solar heating equipment.

3. Directional inlets. The swimming pool shall have directional inlets that adequately mix the pool water.

316.3 – 316.5.2 {ISPSC text not modified}

Sec. 15.40.080 Amendment to 2021 ISPSC Section 504 (Pumps and Motors).

Section 504 of the 2021 ISPSC is amended as follows:

504.1 Emergency shutoff switch. One emergency shutoff switch shall be provided to disconnect power to circulation and jet system pumps and air blowers. Emergency shutoff switches shall be clearly labeled, accessible, located within sight of the spa and shall be located not less than 5 feet (1,524 mm) but not greater than 10 feet (3,048 mm) horizontally from the inside walls of the spa.

504.1.1 {ISPSC text not modified}
SECTION 9. FMC CHAPTER 15.44 ADDED
Chapter 15.44 (Fremont Energy Code) of Fremont Municipal Code Title 15 (Buildings and Construction), Division 1 (Fremont Building Standards Code) is added to read as follows:

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Sec. 15.44.010 Title.

This chapter shall be known and may be cited as the “Fremont energy code” or “FEnC” and will be referred to in this chapter as “this code.”
Sec. 15.44.020 Adoption of the 2022 California Energy Code.

The 2022 edition of the California Energy Code (CEnC) as published by the State of California is adopted without amendments as the Energy Code of the city of Fremont, California, as if fully set out in this chapter. A copy of the 2022 CEnC shall be maintained on file in the office of the city clerk.

SECTION 10. FMC CHAPTER 15.45 REPEALED AND REPLACED
Chapter 15.45 (Fremont Property Maintenance Code) of Fremont Municipal Code Title 15 (Buildings and Construction), Division 1 (Fremont Building Standards Code) is repealed and replaced to read as follows:

Sec. 15.45.010 Title.

This chapter shall be known and may be cited as the “Fremont property maintenance code” or “FPMC” and will be referred to in this chapter as “this code.”

Sec. 15.45.020 Adoption of the 2021 International Property Maintenance with Amendments.

The 2021 Edition of the International Property Maintenance Code as published by the International Code Council is adopted as the property maintenance code of the city of Fremont, California, as if fully set out in this chapter, and is amended as provided in this chapter. A copy of the 2021 FPMC shall be maintained on file in the office of the city clerk.

Sec. 15.45.030 2021 International Property Maintenance Code Appendix Chapter Adopted.

The following Appendix Chapters of the 2021 International Property Maintenance Code are adopted by the city of Fremont:

(a) Appendix A (Boarding Standard).

Sec. 15.45.040 Amendments of the 2021 International Property Maintenance Code.

The text of the 2021 International Property Maintenance Code, as adopted and amended by Section 15.45.020, is further amended to conform to the current California Building Standards Code and as recommended by the building official as follows:

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Delete the following references Insert the following code references • International Building Code • Current California Building Code and current California Residential Code
• International Mechanical Code • Current California Mechanical Code • National Electrical Code • Current California Electrical Code • International Fire Code • Current California Fire Code • International Plumbing Code • Current California Plumbing Code • International Existing Building Code • Current California Existing Building Code • International Zoning Code • City of Fremont- Zoning Ordinance • International Fuel Gas Code • Current California Plumbing Code • Name of jurisdiction • City of Fremont
• Jurisdiction to insert appropriate
schedule
• Current fees that are established by resolution of the city council.
• Board of appeals • Hearing officer appointed by the city manager or designee
• Code Official or Health Official • building official

Sec. 15.45.050 Amendment of 2021 IPMC Section 102 (Applicability).

Section 102 of the 2021 IPMC is amended as follows:

102.1-102.7 {IPMC text not modified}

102.8.1 Conflicts. Where conflicts occur between provision of this code and the referenced standards, the provisions of this code shall apply. Where conflicts occur between the provisions of this code and California Statutes, the provisions of the latter shall apply.

102.8.2-102.11 {IPMC text not modified}

Sec. 15.45.060 Amendment of 2021 IPMC Section 103 (Code Compliance Agency).

Section 103 Code Compliance Agency of the 2021 IPMC is amended as follows:

103.1 Creation of agency. The Code Enforcement Division shall be responsible for the implementation, administration, and enforcement of the provisions of this code. The building official in charge of the Fremont Building & Safety Division shall be known as the code official in this chapter.

103.2 {IPMC text not modified}

103.3 Deputies. The code official shall have the authority to appoint 1 or more deputies.

Such employees shall have the powers as delegated by the code official.

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Sec. 15.45.070 Amendment of 2021 IPMC Section 105 (Duties and Powers of the Code Official).

Section 105 of the 2021 IPMC is amended as follows:

105.1-105.2 {IPMC text not modified}

105.3 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the code official has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this code, the code official is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by the code, provided that if such structure or premises is occupied the code official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner, owner’s authorized agent, or other person having charge or control of the structure or premises and request entry. If entry is refused, the code official shall have recourse to the remedies provided by law to secure entry.

105.4 – 105.7.1 {IPMC text not modified}

Sec. 15.45.080 Amendment of 2021 IPMC Section 107 (Means of Appeal).

Section 107 of the 2021 IPMC is amended as follows:

107.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code may appeal that decision, notice or order by filing an appeal with the city clerk within 7 calendar days of the date of service of that decision, notice, or order. The 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 the requirements of this code are adequately satisfied by other means. The appeal shall identify the real property, state the grounds for the appeal, and state all material facts in support of the appeal.

107.2 Notice of hearing. Notice of hearing and the hearing shall be conducted as provided for in Chapter 8.60, Sections 8.60.130 through 8.60.150.

107.3 Court review. Judicial review of the hearing officer’s decision shall be commenced in accordance with Cal. Code of Civil Procedure § 1094.6 no later than 90 calendar days after the decision is signed. Cal. Code of Civil Procedure § 1094.6 is hereby adopted for purposes of this Title. Review shall be in accordance with Cal. Code of Civil Procedure § 1094.5.

107.4 deleted

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Sec. 15.45.085 Amendment of 2021 IPMC Section 108 (Board of Appeals).

Section 108 of the 2021 IPMC is amended as follows:

108.1 deleted.

Sec. 15.45.090 Amendment of 2021 IPMC Section 109 (Violations).

Section 109 of the 2021 IPMC is amended as follows:

109.1 Unlawful acts. It is hereby declared to be unlawful and a public nuisance for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any premises, building, structure or building service equipment, or cause or permit the same to be done in violation of this code or this division.

109.2 Notice of violation. The code official shall serve a notice of violation in accordance with Section 111.4.

109.3 Prosecution of violation. Any person failing to comply with a notice of violation served in accordance with Section 111.4 shall be deemed guilty of a misdemeanor, but may be charged with an infraction at the discretion of the city attorney, or civil infraction enforceable under Chapter 1.20 as determined by the city and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate administrative, civil, or criminal proceeding to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of this code or of the order or direction made pursuant thereto.

109.4 Violation Penalties. Each day during any portion of which any violation of this ordinance is committed or continued by such person shall constitute a separate offense and shall be punishable as provided in this code and Title 15.

109.5 Abatement of violation. The city may abate a violation of this code pursuant to the abatement process set forth in Chapter 8.60.

Sec. 15.45.100 Amendment of 2021 IPMC Section 110 (Stop Work Order).

Section 110 of the 2021 IPMC is amended as follows:

110.1 – 110.3 {IPMC text not modified}

110.4 Failure to comply. Any person who continues any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for civil penalties pursuant to Fremont Municipal Code Chapter 1.20.

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Sec. 15.45.110 Amendment of 2021 IPMC Section 111 (Unsafe Structures and Equipment).

Section 111 of the 2021 IPMC is amended as follows:

111.1 Unsafe Conditions. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned and shall be posted and vacated in accordance with this section and declared to be a public nuisance and the violations shall be abated by repair, rehabilitation, demolition or removal pursuant to the provisions of this code.

Sections 111.1.1 – 111.1.3 {IPMC text not modified}

111.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered, occupied or maintained contrary to Title 15; or one that is partially constructed, reconstructed or demolished upon which work is abandoned. Work is deemed abandoned when there is no valid building or demolition permit.

Section 111.1.5 {IPMC text not modified}

Section 111.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure boarded according to Appendix A or fenced, so as not to be an attractive nuisance and/or to prevent entry. Upon failure of the owner or owner’s authorized agent to board the premises within the time specified in the order, the code official shall cause the premises to be boarded and secured through any available public agency or by contract or arrangement by private persons and the cost for such boarding shall be a debt owed by the owner, shall be charged against the real property upon which the structure is located, shall be a lien upon such real property and shall be collected by any legal means.

111.2.1 – 111.3 {IPMC text not modified}

111.4 Notice. Whenever the code official has condemned a structure or equipment under the provisions of this section, the code official shall obtain a preliminary or survey title report as to the building, structure, or premises, which shall identify all owners of record, holders of mortgages, deeds of trust or other liens and encumbrances of record. In accordance with Section 111.4 of this code, the code official shall serve the persons listed in the preliminary or survey title report with notice described in Section 111.4.1 and 114.4.2 of this code. In addition, the notice shall be posted in a conspicuous place on or about the structure or premises affected by such notice. If the notice pertains to equipment, it shall be placed on the condemned equipment.

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111.4.1 Form. Such notice prescribed in Section 111.4.1 shall be in accordance with all of the following:

1. Be in writing, bearing title letters at least 1-inch high reading “NOTICE AND ORDER TO ABATE NUISANCE”;

2. Include a description of the real property sufficient for identification.

3. Include a statement of the violation or violations and why the notice is being issued.

4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit, structure, or premises into compliance with the provisions of this code.

5. Inform the owner or owner’s authorized agent of the right to appeal and failure to appeal shall constitute a waiver of their right to an administrative hearing to contest the violation, nuisance determination, the civil penalty, or the abatement cost.

6. Include a statement of the city’s right to file a lien against the real property in accordance with FMC Chapter 8.60.
111.4.2 Method of service. Such notice shall be deemed to be properly served if a copy thereof is:

1. Delivered personally.

2. Sent by certified or first-class mail addressed to the property owner as listed on the last equalized assessment roll of the county recorder or owner as determined by the code official.

3. If the mailed notice is returned showing that the letter was not delivered, a copy of the notice shall be posted in a conspicuous place on, in or about the structure or premises affected by such notice.

Proof of service of notices shall be certified at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date, and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail shall be affixed to the copy of the notice and order retained by the city. The failure of any person to receive any notice required under this chapter shall not affect the validity of any proceedings taken under this chapter. 111.5 Unauthorized tampering. Signs, tags, placards, notices, or seals posted or affixed by the code official shall not be mutilated, destroyed, tampered with or removed without authorization from the code official.

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111.5 – 111.9 {IPMC text not modified}

111.4 – 111.7 {IPMC text not modified}

111.7.1 Placard removal. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action was based has been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this code, applicable state law and Title 15.

111.8 Prohibited occupancy. Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who occupies a placarded premises or operates placarded equipment, and any owner, owner’s authorized agent or person responsible for the premises who lets anyone occupy a condemned premises or operate condemned equipment shall be liable for the penalties provided by this code and Title 15.

111.9{IPMC text not modified}

111.10 Recordation of notice and order. If the dangerous, damaged, condemned or substandard building is not repaired or demolished by the owner within the prescribed time(s), and no appeal has been properly and timely filed, the code official shall file in the office of the county recorder a certificate describing the property and certifying (i) that the building is a substandard building and (ii) that the owner has been so notified, if such recordation has not already been made during the course of the proceedings.

Whenever the corrections ordered shall thereafter have been completed or the building demolished so that it no longer exists as a substandard building described in the certificate, the code official shall file a new certificate with the county recorder certifying that the building has been demolished or all required corrections have been made so that the building is no longer substandard, whichever is appropriate.

Sec. 15.45.120 Amendment of 2021 IPMC Section 112 (Emergency Measures).

Section 112 of the 2021 IPMC is amended as follows:

112.1 – 112.4 {IPMC text not modified}

112.5 Costs of emergency repairs. Costs incurred in the performance of emergency work may be paid by the city. Such costs shall be a debt owed to the city by the owner. The city attorney may institute appropriate legal action against the owner of the premises or the owner’s authorized agent where the unsafe structure is or was located for the recovery of such costs.

112.5.1 Appeal. Once the emergency work has been completed, the owner may appeal the need for the emergency repairs and/or the costs for such work, in the manner provided

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in Sections 8.60.120 and 8.60.190 within 7 calendar days after service according to Section 111.4 of this code of the statement of costs.

112.6 deleted.

Sec. 15.45.130 Amendment of 2021 IPMC Section 113 (Demolition).

Section 113 of the 2021 IPMC is amended as follows:

113.1 – 113.2 {IPMC text not modified}

113.3 Failure to comply. If the owner of a premises or owner’s authorized agent fails to comply with a demolition order within the time prescribed, the code official may cause the structure to be demolished and removed according to the procedure for specific abatement of nuisance in Chapter 8.60.

113.4 {IPMC text not modified}

Sec. 15.45.140 Amendment of 2021 IPMC Section 202 (General Definitions).

The following definitions are amended or added to Section 202 of the 2021 IPMC. The remaining definitions are not modified.

GARBAGE. Garbage shall be defined pursuant to Fremont Municipal Code Section

8.45.045 (Municipal Solid Waste, defined).

INOPERABLE MOTOR VEHICLE. A vehicle which cannot be driven upon the public streets for reasons, including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, incapable of being moved under its own power or is prohibited from being operated on a public street or highway for any reason pursuant to the provisions of the California Vehicle Code.

RUBBISH. Rubbish shall be defined pursuant to Fremont Municipal Code Section

8.45.045 (Municipal Solid Waste, defined)
TEMPORARY. Temporary shall mean buildings, facilities, or structures intended for use at one location for not more than 6 months for the purpose of this code only.

Sec. 15.45.150 Amendment of 2021 IPMC Section 302 (Exterior Property Areas).

Section 302 of the 2021 IPMC is amended as follows:
302.1 Sanitation. The owner or authorized agent shall maintain the property exterior and premises in a clean, safe and sanitary condition. Such owner or authorized agent shall remain liable for violations thereof regardless of any contract or agreement with any third party regarding such property. The occupant may also be held jointly and severally liable for causing or contributing violations of this section.

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302.2 Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and prevent the accumulation of stagnant water thereon, or within any structure located thereon. Excess or concentrated drainage shall be contained on site or directed to the nearest practicable drainage facility approved by the code official.

Exception: Approved retention areas and reservoirs.
302.3 Sidewalks and driveways. Sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in proper state of repair, and maintained free from hazardous conditions. The owner or owner’s authorized agent of any building, lot or premises within the city shall maintain the sidewalks and/or walkways located upon such premises that are accessible to the general public and the public sidewalks between such premises and any adjacent public street or alley in a clean, safe sanitary, and in a proper state of repair, free from hazardous conditions. Maintenance shall include the removal and proper disposal of any unsightly or unsanitary conditions such as accumulations of garbage, refuse, rubbish, litter, dirt, gum or other sticky substances or items which have been dropped or spilled upon the sidewalks. 302.4 Weeds. No owner, authorized agent, lessee or occupant or other person having charge or control of any building, lot or premises within the city shall permit weeds exceeding 6 inches in height to remain or accumulate upon such premises or upon public sidewalks or streets or alleys between such premises and the centerline of any public street or alley. All noxious weeds shall be prohibited. Weeds shall be defined per Fremont Municipal Code Section 8.25.010.

Upon failure of the owner or authorized agent having charge of a premises to cut and destroy weeds after service of a warning notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the city. Upon failure to comply with the warning notice of violation, any duly authorized employee of the city or contractor hired by the city shall be authorized to enter upon the premises and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or authorized agent responsible for the premises. 302.5 – 302.7 {IPMC text not modified}
302.8 Motor vehicles {IPMC text not modified}
Exception: An owner, authorized agent, lessee, or occupant of the premises may repair, wash, clean, or service personal property, provided they comply with Fremont Municipal Code Title 18 (Zoning Regulations) and any other applicable requirements or laws.
302.9 {IPMC text not modified}
Sec. 15.45.160 Amendment of 2021 IPMC Section 303 (Swimming Pools, Spas, and Hot Tubs).

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Section 303 of the 2021 IPMC is amended as follows:

303.1 {IPMC text not modified}

303.2 Enclosures. Except as provided for in other regulations, private swimming pools, hot tubs, spas and ponds, containing water more than 18 inches (457 mm) in depth shall be completely surrounded by a fence or barrier 48 inches (1,219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is less than 54 inches (1,372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced, changed or maintained in a manner that reduces its effectiveness as a safety barrier.

Exception: Pool fences or barriers that do not meet the above minimum requirements can remain as long as the fence or barrier complied with the building code provisions at time of building permit and passed the final inspection from the city.

Sec. 15.45.170 Amendment of 2021 IPMC Section 304 (Exterior Structure).

Section 304 of the 2021 IPMC is amended as follows:

304.1 – 304.2 {IPMC text not modified}

304.3 deleted.

304.4 – 304.13.2 {IPMC text not modified}

304.14 Insect screens. Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tight fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.

Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.

304.15 Doors. All exterior doors, door assemblies, including weather stripping, thresholds and hardware, shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3.

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304.16 Under-floor areas. Under-floor access doors and ventilation openings shall be maintained to prevent the entrance of rodents, rain and surface drainage water. Doors shall be tight fitting and ventilation openings shall be properly screened with corrosion- resistant wire mesh with openings not exceeding 1/4 inch in any dimension or alternate approved materials pursuant to current CBC 1202.4.1.

304.17 – 304.18.1 {IPMC text not modified}

304.18.2 Windows. Operable windows located in whole or in part within 12 feet above ground level or a walking surface below that provides access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device. Vacant/abandoned buildings shall provide internal window coverings to prevent easy view of the building interior.

304.18.3 – 304.19 {IPMC text not modified}

Sec. 15.45.180 Amendment of 2021 IPMC Section 309 (Pest Elimination).

Section 309 of the 2021 IPMC is amended as follows:

309.1 Infestation. All structures shall be kept free from insect, rodent and vermin infestation. When an insect, rodent or vermin infestation is brought to the attention of the code official, he or she may require the owner or agent having charge or control of the building, lot or premises to hire a licensed exterminator or other qualified professional to inspect the building, lot or premises and provide a written report verifying the presence and severity of such infestation including in the report a recommendation for proper extermination of the infestation. All structures in which insect, rodent or vermin infestations are found shall be promptly exterminated by approved processes that will not be injurious to human health. After the extermination of the infestation is complete, the code official may request a written notice from a licensed exterminator or other qualified professional attesting to the completion and success of the recommended extermination procedures. After the infestation is eliminated, proper precautions shall be taken to prevent reinfestation.

309.2 Owner. The owner of any structure shall be responsible for pest elimination within the structure prior to renting or leasing the structure, and maintaining the structure and premises in a rodent or pest-free condition. The owner does not have to remedy the condition if it is caused by an occupant who substantially fails to maintain his occupied area of the structure or premises as “clean and sanitary as the condition of the structure or premises permits”, causes or contributes to the infestation in any substantial way, or interferes with the owner’s ability to remedy or exterminate the condition.

309.3 – 309.5 deleted.

Sec. 15.45.190 Amendment of 2021 IPMC Section 505 (Water System).

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Section 505 of the 2021 IPMC is amended as follows:

505.1 – 505.3 {IPMC text not modified}

505.4 Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a minimum temperature of 110°F (43°C). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless the installation complies with Chapter 5 of the current California Plumbing Code and Section 904 of the current California Mechanical Code. An approved combination temperature and pressure- relief valve discharge pipe shall be properly installed and maintained on water heaters.

505.5 – 505.5.1 {IPMC text not modified}

Sec. 15.45.200 Amendment of 2021 IPMC Section 602 (Heating Facilities).

Section 602 of the 2021 IPMC is amended as follows:

602.1 {IPMC text not modified}

602.2 Residential occupancies. Dwellings shall be provided with approved, permanently installed heating facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms as measured per IPMC Section 602.5.

Cooking appliances, fireplaces, portable space heaters, or cord and plug-connected heating equipment shall not be used as a means to provide required heating.

602.3 Heat Supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a minimum temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms.

Exceptions:

1. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be 32°F.

602.4 deleted.

602.5 {IPMC text not modified}

Sec. 15.45.210 Amendment of 2021 IPMC Section 604 (Electrical Facilities).

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Section 604 of the 2021 IPMC is amended as follows:

604.1 – 604.2 {IPMC text not modified}

604.3 Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation including the improper use of extension cords as permanent wiring, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard.

604.3.1 – 604.3.2.1 {IPMC text not modified}

Sec. 15.45.220 Amendment of 2021 IPMC Section 702 (Means of Egress).

Section 702 of the 2021 IPMC is amended as follows:

702.1 General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public right-of-way. Means of egress shall comply with the current California Building Code.

702.2 – 702.4 {IPMC text not modified}

SECTION 11. FMC CHAPTER 15.47 REPEALED AND REPLACED
Chapter 15.47 (Fremont Residential Code) of Fremont Municipal Code Title 15 (Buildings and Construction), Division 1 (Fremont Building Standards Code) is repealed and replaced to read as follows:

Sec. 15.47.010 Title.

This chapter shall be known and may be cited as the “Fremont Residential Building Code” or “FRBC” and will be referred to in this chapter as “this code.” Sec. 15.47.020 Adoption of the 2022 CRC with Amendments.

The 2022 edition of the California Residential Code (CRC) as published by the California Building Standards Commission is adopted with amendments as the Residential Code of the city of Fremont, California, as if fully set out in this chapter, and is amended as set forth in this chapter. A copy of the 2022 CRC shall be maintained on file in the office of the city clerk.

Sec. 15.47.030 Adoption of Certain 2022 CRC Appendix Chapters.

The following Appendix Chapters of the 2022 California Building Code are adopted by the city of Fremont. The remaining Appendix Chapters are not adopted.

(a) Appendix Chapter AH (Patio Covers)

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(b) Appendix Chapter AJ (Existing Buildings and Structures)

(c) Appendix Chapter AK (Sound Transmission)

(d) Appendix Chapter AQ: This appendix chapter con tains provisions for tiny house designs.

(e) Appendix Chapter AX (Swimming Pool Safety Act)

(f) Appendix Chapter AZ: This appendix chapter contains provision for emergency housing.

Sec. 15.47.040 Administration of 2022 Residential Building Code.

Chapter 1, Division II of the 2022 California Residential Code is not adopted by the city of Fremont. Refer to Chapter 15.05 and Section 15.10.040 for Administration and Enforcement requirements.

Sec. 15.47.050 Amendment of 2022 CBC Section R301 (Design Criteria).

Section R301 of the 2022 California Residential Code is amended as follows:

R301.1 – R301.2.2.2.4 {CRC text not modified}
R301.2.2.2.5 (Irregular Buildings)

1. Where exterior shear wall lines or braced wall panels are not in one plane vertically from the foundation to the uppermost story in which they are required.

2. Where a section of floor or roof is not laterally supported by shear walls or braced wall lines on all edges.

Exception: Portions of floors that do not support shear walls or braced wall panels above, or roofs, shall be permitted to extend not more than 6 feet (1,829 mm) beyond a shear wall or braced wall line.

3. When the end of a braced wall panel occurs over an opening in the wall below and ends at a horizontal distance greater than 1 foot (305 mm) from the edge of the opening. This provision is applicable to shear walls and braced wall panels offset in plane and to braced wall panels offset out of plane as permitted by the exception to item 1.

4. Where an opening in a floor or roof exceeds the lesser of 12 feet (3,658 mm) or 50 percent of the least floor or roof dimension

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5. Where portions of a floor level are vertically offset.

6. – 7. {CRC text not modified}

Exception: deleted

R301.2.2.3 – R301.2.2.3.7 {CRC text not modified}

R301.2.2.3.8. Mechanical, electrical, or plumbing components and equipment shall be anchored to the structure. Anchorage of the components and equipment shall be designed to resist loads in accordance with the California Building Code and ASCE 7, except where the component is positively attached to the structure and flexible connections are provided between the component and associated ductwork, piping, and conduit; and either

1. The component weighs 400 pounds (1,780 N) or less and has a center of mass located 4 feet (1.22 m) or less above the supporting structure; or

2. The component weighs 20 pounds (89N) or less or, in the case of a distributed system, 5 pounds per foot (73 N/m) or less.

R301.2.2.4 – R301.8 {CRC text not modified}

Sec. 15.47.060 Amendment of 2022 CBC Section R302 (Fire-Resistant Construction).

Section R302 of the 2022 California Residential Code is amended as follows:

R302.1 – 302.2.2 {CRC text not modified}
R302.2.2 Item #2. In existing buildings where a fire sprinkler system in accordance with Section R313 is not provided, the common wall shall be not less than a 2-hour fire- resistance-rated wall assembly tested in accordance with ASTM E119, UL 263 or Section 703.3 of the California Building Code.

R302.3 Two-family dwellings {CRC text not modified}
Exceptions:

1. deleted.

2. {CRC text not modified}
R302.3.1 – R302.5 {CRC text not modified}
R302.5.1 {CRC text not modified}
Exception: deleted

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R302.5.2 – R302.14 {CRC text not modified}

Table R302.6 is amended as follows:

TABLE R302.6

DWELLING-GARAGE AND/OR CARPORT SEPARATION

SEPARATION MATERIAL
From the residence and attics Not less than 5/8-inch Type X gypsum board or equivalent applied to the garage side
From all habitable rooms above the garage or
carport
Not less than 5/8-inch Type X gypsum board
or equivalent
Structure(s) supporting floor/ceiling
assemblies used for separation required by
this section
Not less than 5/8-inch Type X gypsum board
or equivalent
Garages located less than 3 feet from a
dwelling unit on the same lot
Not less than 5/8-inch Type X gypsum board
or equivalent applied to the interior side of
exterior walls that are within this area

Sec. 15.47.070 Amendment to 2022 CRC Section R313 (Automatic Fire Sprinkler Systems).

Section R313 of the 2022 California Residential Code is amended as follows:

R313.1 Townhouse automatic fire sprinkler systems. Automatic sprinkler systems shall be installed in townhouses.

Exception: An automatic residential fire sprinkler system shall not be required when additions or alterations are made to existing townhouses that do not have an automatic residential fire sprinkler system installed unless as required by FMC Section 15.35.150.

R313.1.1 Design and Installation. Automatic residential fire sprinkler systems for townhouses shall be designed and installed in accordance with Section R313 and as amended by FMC Section 15.35.150.

R313.2 1- and 2-family dwellings automatic fire systems. An automatic residential fire sprinkler system shall be installed in 1- and 2-family dwellings.

Exception: An automatic residential fire sprinkler system shall not be required for addition or alteration to existing buildings that are not already provided with an automatic residential sprinkler system unless as required by FMC Section 15.35.150.

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R313.2.1 Design and Installation. Automatic residential fire sprinkler systems shall be designed and installed in accordance with Section 313 and as amended by FMC Section

15.35.150.

R313.3 – R313.3.8.2 deleted
Sec. 15.47.080 Amendment to 2022 CRC Section R322 (Flood-Resistant Construction).

Section R322 of the 2022 California Residential Code is amended as follows:

R322.1 – R322.1.3 {CRC text not modified}

R322.1.4 Determination of design flood elevation. See FMC Section 15.10.310 for design flood elevation.

R322.1.4.1 – R322.3.7 {CRC text not modified}
Sec. 15.47.090 Amendment to 2022 CRC Section R337.1 (Scope, Purpose and Application).

Section R337.1.1 of the 2022 California Residential Code is amended as follows:

R337.1.1 Scope. This chapter applies to building materials, systems and or assemblies used in the exterior design and construction of new or existing buildings or structures erected, constructed, altered, or moved within a Wildland-Urban Interface Fire area as defined in Section R337.2A.

R337.1.2 {CRC text not modified}

R337.1.3 Application. New or existing buildings or structures erected, constructed, altered, or moved in any Fire Hazard Severity Zone or any Wildland-Urban Interface Fire Area designated by the enforcing agency constructed after the application date shall comply with the provisions of this chapter.

Exceptions:

1. {CRC text not modified}

2. {CRC text not modified}

3. {CRC text not modified}

4. - deleted.

R337.1.3.1 – R337.1.5 {CRC text not modified}
Sec. 15.47.100 Amendment to 2022 CRC Section R337.2 (Definitions).

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Section R337.2 of the 2022 California Residential Code is amended by modifying the following definitions. The remaining definitions are not modified.

LOCAL AGENCY VERY-HIGH FIRE HAZARD SEVERITY ZONE means those areas designated by the city of Fremont as Very High Fire Hazard Severity Zones in Fremont Municipal Code Title 15, Chapter 15.65.

WILDLAND-URBAN INTERFACE FIRE AREA is a geographical area identified by the state as a “fire hazard severity zone” in accordance with Public Resources Code Sections 4201 through 4204 and Government Code Sections 51175 through 51189, and includes those areas designated by the city of Fremont as very high fire hazard severity zones in Fremont Municipal Code Title 15, Chapter 15.65.

Sec. 15.47.110 Amendment to 2022 CRC Section R337.5 (Roofing).

Section R337.5 of the 2022 California Residential Code is amended and additional sections added as follows:

R337.5.1 – R337.5.2 {CRC text not modified}
R327.5.2.1 Wildland Urban-Interface Fire Area. The roof covering of any new structure or the re-roofing of any existing building within Wildland-Urban Interface Fire Area, regardless of the type of construction or occupancy classification, shall be a fire-retardant roof covering that is at least Class A. All alteration, repair, replacement or reroofing shall conform to the applicable provisions of the 2022 California Residential Code, Chapter 8 “Roof-Ceiling Construction” and any other applicable engineering requirements, including Chapter 9, “Roof Assemblies”.

R337.5.3 – R337.5.4 {CRC text not modified}
Sec. 15.47.120 Amendment to 2022 CRC Section R337.7 (Exterior Covering).

Section R337.7 of the 2022 California Residential Code is amended as follows:

R337.7.1 – R337.7.3.1 {CRC text not modified}
R337.7.3.2 Exterior wall covering. All exterior faces of the exterior walls shall be of an assembly qualified for exterior face of recognized 1-hour fire resistive assemblies. All exterior wall coverings shall meet a Class I flame spread requirement and be installed over materials approved for 1-hour fire-resistive construction.

R337.7.4 – R337.7.8 {CRC text not modified}
R337.7.9 Utilities. Utilities, pipes, furnaces, water heaters or other mechanical devices located in an exposed under-floor area of a building or structure shall be enclosed with material as required for exterior, 1-hour, fire-resistive construction. Adequate covered access opening for servicing such utilities shall be provided as required by appropriate codes.

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R337.7.10 Historical buildings. Repairs, alterations and additions necessary for the preservation, restoration, rehabilitation or continued use of a building or structure may be made without conformance to all the requirements of this code when authorized by the building official, provided:

1. The building or structure conforms to Part 8, Title 24, of the California Code of Regulations; and

2. A fire protection plan is implemented so that the building or structure will be no more of a fire hazard than any new building. The plan must be prepared and signed by a registered fire protection engineer. The plan must be approved by the building official and fire chief prior to the commencement of any work.

Sec. 15.47.130 Amendment to 2022 CRC Section R401 (General).

Section R401 of the 2022 California Residential Code is amended as follows:

R401.1 – R401.3 {CRC text not modified}

R401.4 Soils tests. Exception is added at end of the CRC text as follows:

Exception: Refer to FMC Section 15.10.360.

R401.4.1 Geotechnical evaluation. When permitted by the building official, in lieu of a complete geotechnical evaluation, the load-bearing values in Table R401.4.1 shall be assumed.

R401.4.1.1 – R401.4.2 {CRC text not modified}
Sec. 15.47.140 Amendment to 2022 CRC Section R403 (Footings).

Section R403 of the 2022 California Residential Code is amended as follows:

R403.1 – R403.1.1 {CRC text not modified}
R403.1.2 Continuous footing in Seismic Design Categories Do, D1 and D2. Exterior walls of buildings located in Seismic Design Categories Do, D1and D2 shall be supported by continuous solid or fully grouted masonry or concrete footings. All required interior braced wall panels in buildings located in Seismic Design Categories D0, D1and D2 shall be supported on continuous foundations.

R403.1.3 – R403.1.3.5.4 {CRC text not modified}

R403.1.3.6 Isolated concrete footings. In detached 1- and 2-family dwellings located in Seismic Design Category A, B, or C that are 3 stories or less in height and constructed with stud bearing walls, isolated plain concrete footings supporting columns or pedestals are permitted.

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R403.1.4 – R403.1.4.1 {CRC text not modified}

R403.1.5 Slope. The top surface of footings shall be level. The bottom surface of footings shall not have a slope exceeding 1 unit vertical in 10 units horizontal (10 percent slope). Footings shall be stepped where it is necessary to change the elevation of the top surface of the footings or where the slope of the bottom surface of the footings will exceed 1 unit vertical in 10 units horizontal (10 percent slope).

For structures located in Seismic Design Categories D0, D1or D2, stepped footings shall be reinforced with four No. 4 rebar. Two bars shall be placed at the top and bottom of the footings as shown in Figure R403.1.5.

R403.1.6 – R403.4.2 {CRC text not modified}

Sec. 15.47.150 Amendment to 2022 CRC Section R404 (Foundation and Retaining Walls).

Section R404 of the 2022 California Residential Code is amended as follows:

R404.1 – R404.1.9.5 {CRC text not modified}

R404.2 Wood foundation walls. Wood foundation walls shall be constructed in accordance with the provisions of Sections R404.2.1 through R404.2.6 and with the details shown in Figures R403.1(2) and R403.2(3). Wood foundation walls shall not be used for structures located in Seismic Design Category D0, D1 or D2.

R404.2.1 – R404.5.3 {CRC text not modified}

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Sec. 15.47.160 Amendment to 2022 CRC Section R602 (Wood Wall Framing).

Section R602 of the 2022 California Residential Code is amended as follows:

R602.1 - R602.3.1 {CRC text not modified}
R602.3.2 {CRC text not modified}
Exception: In other than Seismic Design Category D0, D1or D2, a single top plate used as an alternative to a double top plate shall comply with the following:

1. The single top plate shall be tied at corners, intersecting walls, and at in-line splices in straight wall lines in accordance with Table R602.3.2.

2. The rafters or joists shall be centered over the studs with a tolerance of not more than 1 inch (25 mm).

3. Omission of the top plate is permitted over headers where the headers are adequately tied to adjacent wall sections in accordance with Table R602.3.2.

R602.3.3 – R602.10.2.2.3 {CRC text not modified}
R602.10.2.3 Minimum number of braced wall panels. Braced wall lines with a length of 16 feet (4,877 mm) or less shall have a minimum of 2 braced wall panels of any length or 1 braced wall panel equal to 48 inches (1,219 mm) or more. Braced wall lines greater than 16 feet (4,877 mm) shall have a minimum of 2 braced wall panels. No braced wall panel shall be less than 48 inches in length in Seismic Design Category D0, D1, or D2.

R602.10.3 - R602.12.8 {CRC text not modified}
Footnote j. is added to Table R602.3(1).
j. Use of staples in braced wall panels shall be prohibited in Seismic Design Category D0, D1 or D2.

Footnote b. is amended to Table R602.3(2).

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b. Staples shall have a minimum crown width of 7/16 inches in diameter except as noted.

Use of staples in roof, floor, subfloor, and braced wall panels shall be prohibited in Seismic Design Category D0, D1 or D2.

Footnote d. is added to Table R602.10. 3(1).

d. Bracing methods LIB, DWB, SFB, PBS, HPS, GB and PCP are not permitted.

Footnote d. is added to Table R602.10. 3(2).

d. Bracing methods LIB, DWB, SFB, PBS, HPS, GB and PCP are not permitted.

Footnote f. is added.

f. Methods LIB, DWB, SFB, PBS, HPS, GB, and PCP are not permitted in SDC Category D0, D1 or D2.

Footnotes f., g. and h. are added to Table R602.10.4 of the 2022 California Residential Code.

f. Methods LIB, DWB, SFB, PBS, HPS, GB, PCP, and PFG are not permitted in SDC Category D0, D1 or D2.
g. Use of staples in braced wall panels shall be prohibited in SDC Category D0, D1 or D2. h. WSP sheathing shall be a minimum of 7/16 inch thick, or 1/2 inch plywood nailed with 8d common nails placed 3/8 inches from panel edges and spaced not more than 6 inches on center and 12 inches on center along intermediate framing members.

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Figure R602.10.6.1 of the 2022 California Residential Code is amended to read as follows:

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Figure R602.10.6.2 of the 2022 California Residential Code is amended to read as follows:

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Figure R602.10.6.4 of the 2022 California Residential Code is amended to read as follows:

Sec. 15.47.170 Amendment to 2022 CRC Section R606 (General Masonry Construction).

Section R606 of the 2022 California Residential Code is amended as follows:

R606.1 – R606.12.2.2.2 {CRC text not modified}
R606.12.2.2.3 Reinforcement of requirements for masonry elements. Masonry elements listed in Section R606.12.2.2.2 shall be reinforced in either the horizontal or vertical direction as shown in Figure R606.11(3) and in accordance with the following:

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1. Horizontal reinforcement. Horizontal reinforcement shall be provided within 16 inches (406 mm) of the top and bottom of these masonry elements.

2. Vertical reinforcement. Vertical reinforcement shall consist of at least one No. 4 bar spaced not more than 48 inches (1,219 mm). Vertical reinforcement shall be within 8 inches (406 mm) of the ends of masonry walls.

R606.12.2.3 - R606.14.2 {CRC text not modified}

SECTION 12. FMC CHAPTER 15.48 REPEALED AND REPLACED
Chapter 15.48 (Fremont Green Building Code) of Fremont Municipal Code Title 15 (Buildings and Construction), Division 1 (Fremont Building Standards Code) is repealed and replaced to read as follows:

Sec. 15.48.010 Title.

This chapter shall be known and may be cited as the “Fremont green building standards code” or “FGBC” and will be referred to in this chapter as “this code.” Sec. 15.48.020 Adoption of the 2022 California Green Building Standards Code With Amendments.

The 2022 edition of the California Green Building Standards Code (CGBSC or CALGreen) as published by the State of California is adopted as the Green Building Code of the city of Fremont, California, as if fully set out in this chapter, and is amended as set forth in this chapter.

A copy of the 2022 CGBSC shall be maintained on file in the office of the city clerk.

Sec. 15.48.030 Amendment to 2022 CGBSC Section 202 (Definitions).

Section 202 of the 2022 California Green Building Standards Code is amended by modifying the following definition. The remaining definitions are not modified:

EV READY PARKING SPACE: A parking space served by a complete 208/240 V 40 ampere electrical circuit.

Sec. 15.48.040 Amendment to 2022 CGBSC Section 301 (General).

Section 301 of the 2022 California Green Building Standards Code is amended as follows:

301.1 – 301.3.2 {CGBSC text not modified}

301.3.3 Additions to Parking Facilities: The requirements related to electric vehicle charging also apply to additions to increase the number of parking spaces at any facility.

The requirements will apply only to the number of new parking spaces.

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301.4 – 301.5 {CGBSC text not modified}

Sec. 15.48.050 Amendment to 2022 CGBSC Section 4.106 (Site Development)

Section 4.106 of the 2022 California Green Building Standards Code is amended as follows:

4.106.1 – 4.106.3 {CGBSC text not modified}

4.106.4 Electric vehicle (EV) charging for new construction and additions. New construction and additions as described in Section 301.3.3 shall comply with this section.

Electric vehicle supply equipment (EVSE) shall be in accordance with the California Electrical Code , Article 625.

Exceptions:

On a case-by-case basis, where the local enforcing agency has determined EV charging and infrastructure are not feasible based upon 1 or more of the following conditions:

1. Where there is no commercial power supply.

2. Where there is evidence substantiating that meeting the requirements will alter the local utility infrastructure design requirements on the utility side of the meter so as to increase the utility side cost to the homeowner or the developer by more than $400.00 per dwelling unit or $400.00 per parking space, whichever is greater. In such cases, buildings subject to Section 4.106.4 shall meet the requirements by maximizing the number of EV Ready Parking Spaces, without exceeding the limit above. Cost per parking space shall be determined by dividing total cost by total number of EV and non- EV parking spaces.

4.106.4.1 New 1- and 2-family dwellings and townhouses with attached or adjacent private garages or carports. For each dwelling unit, install a listed raceway, associated overcurrent protective device and the balance of a dedicated 208/240-volt branch circuit rated at 40 amperes minimum. The raceway shall not be less than trade size 1 (nominal 1-inch inside diameter). The raceway shall originate at the main service or unit subpanel and shall terminate into a listed cabinet, box or other enclosure in close proximity to the proposed location of an EV charger. Raceways are required to be continuous at enclosed, inaccessible or concealed areas and spaces. The service panel and/or subpanel shall provide capacity for a 40-ampere minimum dedicated branch circuit. All electrical circuit components and EVSE, including a receptacle or box with a blank cover, related to this section shall be installed in accordance with the California Electrical Code.

4.106.4.1.1 Identification. The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging as “EV READY”. The raceway termination location shall be permanently and visibly marked as “EV READY”.

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4.106.4.2 New multifamily dwellings and additions.

The following number of EV Ready Parking Spaces are required at the time of original construction:

Total Number of Actual Parking Spaces Number of Required EV Ready Parking Spaces
0-9 1
10-25 2
26-50 4
51-75 6
76-100 9
101-150 12
151-200 17
201 and over 10 percent of total1
1Calculation of number of spaces shall be rounded up to the nearest whole number.

4.106.4.2.1 {CGBSC text not modified}

4.106.4.2.2 {CGBSC text not modified}

4.106.4.2.3 EV ready parking spaces. Construction documents shall verify that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at the full rated amperage of the EV Ready Parking Space.

A raceway, electrical panel capacity, wire and termination point supporting a 208/240 volt 40 ampere circuit, are required to be installed at the time of construction for each EV Ready Parking Space required under 4.106.4.2. Where a single EV Ready Parking Space is required, the raceway shall not be less than trade size 1 (nominal 1-inch inside diameter). All electrical circuit components and EVSE related to this section shall be installed in accordance with the California Electrical Code.

Note: Termination point should be a receptacle suitable for EVSE and located near the proposed EVSE location.

4.106.4.2.4 – 4.106.4.2.5 {CGBSC text not modified}

Sec. 15.48.060 Amendment to 2022 CGBSC Section 5.106 (Site Development).

Section 5.106 of the 2022 California Green Building Standards Code is amended as follows:

5.106.1 – 5.106.5.2.1 {CGBSC text not modified}

5.106.5.3 Electric vehicle (EV) charging for new construction and additions.

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The following number of EV Ready Parking Spaces are required at the time of original construction:

Total Number of Actual Parking Spaces Number of Required EV Ready Parking Spaces
0-9 1
10-25 2
26-50 4
51-75 6
76-100 9
101-150 12
151-200 17
201 and over 10 percent of total1
1 Calculation of number of spaces shall be rounded up to the nearest whole number.

5.106.5.3.1 EV ready parking space requirements. Construction documents shall verify that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV Ready Parking Spaces at the full rated amperage of the EV Ready Parking Space.

A raceway, electrical panel capacity, wire and termination point supporting a 208/240 volt 40 ampere circuit is required to be installed at the time of construction for each EV Ready Parking Space required under 5.106.5.3. Where a single EV Ready Parking Space is required, the raceway shall not be less than trade size 1 (nominal 1-inch inside diameter). All electrical circuit components and EVSE, related to this section shall be installed in accordance with the California Electrical Code.

Note: Termination point should be a receptacle suitable for EVSE and located near the proposed EVSE location.

Exceptions: On a case-by-case basis where the local enforcing agency has determined EV charging and infrastructure is not feasible based upon one or more of the following conditions:

1. Where there is insufficient electrical supply.

2. Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3, may adversely impact the construction cost of the project.

5.106.5.3.2 Identification. The service panel or subpanel(s) circuit directory shall identify the reserved overcurrent protective device space(s) for future EV charging as “EV READY”. The raceway termination location shall be permanently and visibly marked as “EV READY.”

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5.106.5.3.3 Future charging spaces qualify as designated parking as described in Section

5.106.5.2 Designated parking for clean air vehicles.

5.106.5.3.4. deleted.

5.106.5.3.5 – 5.106.10 {CGBSC TEXT NOT MODIFIED}
SECTION 13. FMC CHAPTER 15.49 ADDED
Chapter 15.49 (Fremont Historical Building Code) of Fremont Municipal Code Title 15 (Buildings and Construction), Division 1 (Fremont Building Standards Code) is added to read as follows:

Sec. 15.49.010 Title.

This chapter shall be known and may be cited as the “Fremont historical building code” or “FHBC” and will be referred to in this chapter as “this code.”

Sec. 15.49.020 Adoption of the 2022 California Historical Building Standards Code without Amendments.

The 2022 edition of the California Historical Building Code (CHBC) as published by the California Building Standards Commission is adopted without amendments as the Historical Building Code of the city of Fremont, California, as if fully set out in this chapter. A copy of the 2022 CHBC shall be maintained on file in the office of the city clerk.

SECTION 14. EFFECTIVE DATE

This ordinance shall take effect and be enforced beginning on January 1, 2023.

SECTION 15. CEQA
The City Council determines that this ordinance is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15601(b)(3), each as a separate and independent basis for CEQA compliance.

SECTION 16. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this ordinance. Such section, subsection, sentence, clause or phrase, instead, shall be superseded and replaced by the corresponding provisions, if any exist, of Title 24 of the California Code of Regulations. The City Council of the City of Fremont hereby declares that it would have passed this ordinance and each section or subsection, sentence, clause

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and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.

SECTION 17. PUBLICATION OF SUMMARY
The City Attorney has prepared a summary of this ordinance under Government Code Section 36933(c). The City Clerk has caused the summary to be published once in a newspaper of general circulation printed and published in Alameda County and circulated in the City of Fremont for at least five days before the date of adoption. A certified copy of the full text of the ordinance was posted in the office of the City Clerk since at least five days before this date of adoption. Within 15 days after adoption of this ordinance, the City Clerk shall cause the summary to be published again with the names of those City Council members voting for and against the ordinance and shall post in the office of the City Clerk a certified copy of the full text of this adopted ordinance with the names of those City Council members voting for and against the ordinance.
* * * * *
The foregoing ordinance was introduced before the City Council of the City of Fremont, at the regular meeting of the City Council, held on the ___ day of ___________ and finally adopted at a regular meeting of the City Council held on the ___ day of ______________ by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________
Mayor
ATTEST:
__________________________________
City Clerk
APPROVED AS TO FORM:
_________________________________
City Attorney

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Attachment: Ord. 2022 Building Code (FINAL DRAFT) (4657 : Adoption of the 2022 Building and Fire Codes with Local Amendments - First Resolution 2022-XX Page 1 of 26 DRAFT
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FREMONT MAKING EXPRESS FINDINGS THAT MODIFICATIONS
TO THE 2022 CALIFORNIA BUILDING STANDARDS CODE , AS

ADOPTED BY THE CITY, ARE REASONABLY NECESSARY DUE

TO LOCAL CONDITIONS
WHEREAS, on October 4, 2022, the City Council introduced Ordinances XX-2022 and XX-2022 adopting and amending the 2022 California Building Standards Code, with amendments; and
WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7, and 18941.5 authorize the City to modify the building standards contained in the California Building Standards Code and other regulations adopted under Health and Safety Code Section 17922 if found by the City Council to be reasonably necessary because of local climatic, geologic, or topographic conditions; and
WHEREAS, the City Council has considered and reviewed the October 4, 2022 staff report discussing the proposed local amendments to the City’s adoption of the 2022 California Building Standards Code, the presentations by staff, the proposed ordinances, the November 1, 2022 staff report, and the proposed findings and has held public hearings to receive input from the community on November 1, 2022.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT RESOLVES AS FOLLOWS:

SECTION 1. Reasonably Necessary Amendments Due to Local Conditions. (a) The proposed amendments to the 2022 California Building Standards Code, as adopted by the City Council, are found to be reasonably necessary because of local climatic, geological or topographical conditions.
(b) The City Council finds that the conditions listed in Attachment 1 attached hereto and incorporated herein are, in fact, local climatic, geological and topographical conditions.
//
//
//

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Attachment: Informational- Draft Resolution for 2022 Bldg and Fire Findings (4657 : Adoption of the 2022 Building and Fire Codes with Local Resolution 2022-XX Page 2 of 26 (c) The conditions listed in Attachment 1 make the amendments to the 2022 California Building Standards Code described in Attachment 1 and contained in the ordinances referenced above reasonably necessary for the reasons stated in Attachment 1 and in the October 4, 2022 and November 1, 2022 staff reports.

ADOPTED, ___________, 2022, by the City Council of the City of Fremont by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________
Mayor
ATTEST:
__________________________________
City Clerk
APPROVED AS TO FORM:
_________________________________
City Attorney

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Attachment: Informational- Draft Resolution for 2022 Bldg and Fire Findings (4657 : Adoption of the 2022 Building and Fire Codes with Local Resolution 2022-XX Page 3 of 26 ATTACHMENT 1 TO RESOLUTION 2022-XX

FINDINGS

CITY OF FREMONT MODIFICATIONS
TO THE 2022 CALIFORNIA BUILDING STANDARDS CODE DETERMINED TO BE

REASONABLY NECESSARY BECAUSE OF LOCAL CONDITIONS

INTRODUCTION
City of Fremont Ordinances XX-2022 and XX-2022 contain amendments, deletions and additions to the building standards contained in the 2022 California Building Code, 2022 Mechanical Code, 2022 Electrical Code, 2022 Plumbing Code, 2022 Residential Code, 2022 Green Building Code, 2022 Existing Building Code, and the 2022 California Fire Code. These modifications are reasonably necessary because of the climatic, geologic, and topographic conditions found in the City of Fremont. In accordance with Health and Safety Code Sections 17958, 17958.5, 17958.7, and 18941.5, this document describes the climatic, geologic, and topographic conditions found in the City of Fremont and the specific modifications and the local conditions determined by the City of Fremont to make each modification to the building standards codes reasonably necessary.

PART I:

LOCAL CONDITIONS
A. Profile of the City of Fremont
The City of Fremont encompasses an area of roughly 90 square miles, with a resident population of approximately 230,000 people. The physical location of the City is in the southern portion of Alameda County, with the City of Union City to the north, City of Newark to the west, City of San Jose and City of Milpitas to the south and the unincorporated areas of Alameda County to the east.

The City of Fremont has a large supply of diverse and high quality housing units, and a wide range of industries, including a variety of advanced manufacturing, alternative energy, life science firms, a vehicle assembly plant, warehousing and distribution businesses, and a city center with several million square feet of office, retail, and medical facilities.

The balance of developed and undeveloped open lands has been a goal of the City of Fremont and is reflected in the steep forested ridges and foothills to the northeast, bay lands to the west, and some vast open spaces including: Central Park, Quarry Lakes, Coyote Hills, Vargas Plateau, Mission Peak and Ardenwood Forrest regional parks and the Don Edwards National Wildlife Refuge, which are scattered throughout the City.

Winding through the City of Fremont are two major interstate highways; Interstate 880, known as the Nimitz Freeway, and Interstate 680, known as the Sinclair Freeway as well as State

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B. Local Conditions Create Potential for Major Fires and Earthquakes The climatic, geologic, and topographic conditions found in the City of Fremont create a heightened risk of large loss fires and damaging earthquakes, making changes and modifications to the 2022 California Building Code, 2022 Mechanical Code, 2022 Electrical Code, 2022 Plumbing Code, 2022 Residential Building Code, 2022 California Existing Building Code, 2022 California Green Building and the 2022 California Fire Code reasonably necessary in order to provide a reasonable degree of fire and life safety in this community. These conditions are discussed in detail below.

1. Climatic conditions
a. Precipitation. The weather patterns within the City of Fremont are moderately affected by the Pacific Ocean and the San Francisco Bay, which extends the seasonal growing patterns of the vegetation. The normal annual precipitation ranges from eight to thirty inches (8" to 30") per year with an average of approximately fifteen inches (15") per year. Ninety percent (90%) falls during the months of November through April, and ten percent (10%) from May through October. The City of Fremont has experienced major droughts in the past and the frequency and intensity are likely to increase in the future. Drought conditions create more frequent and larger fire incidents, especially wildfire events in the hill areas, as well as the primary transportation and utility corridors of the City. b. Relative Humidity. Humidity generally ranges from 60% during daytime to 80% at night. Humidity can frequently drop to 40% during the summer months and occasionally drops lower.
c. Fog. Radiation fog from the Central Valley enters the Bay Area through the Carquinez Strait during wintertime offshore flow. It can also spill into the Fremont area over the Sunol Pass from the Livermore Valley. Dense fog can develop overnight when these conditions include a moist lower layer (i.e. following recent rain), clear skies and calm winds. Dense fog is not very common but can have a great impact upon transportation because of reduced visibility. d. Temperatures. Temperatures have been recorded as high as 109°F. Average summer highs are in the 80°F range.
e. Winds. Prevailing winds are from the west or northwest. However, winds are experienced from virtually every direction at one time or another. Velocities are generally in the 8 mph to 10 mph range, gusting to 25 to 35 mph, particularly during the summer months.

Extreme winds, up to 85 mph, have been known to occur.

Analysis. These local climatic conditions affect the acceleration, intensity, and size of fires in the community. The dry winds result in increased demand for emergency response by the Fire Department by drying the fuel load and increasing the risk of ignition, and by spreading fire more rapidly and across a broader area. The winds can have a tremendous impact upon wildland fires, wood shake and shingle roof fires and fires involving the interiors of buildings.

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Attachment: Informational- Draft Resolution for 2022 Bldg and Fire Findings (4657 : Adoption of the 2022 Building and Fire Codes with Local Resolution 2022-XX Page 5 of 26 In building fires, winds can force fires back into the building and create a blow torch effect, while preventing "natural" ventilation and cross-ventilation efforts. In developed areas of the City, fires can occur in buildings, rubbish, vehicles, and vegetation on vacant lots. In undeveloped and hillside areas of the City, there is a risk of large vegetation fires. Times of little or no rainfall, combined with low humidity and high temperatures, create extremely hazardous conditions, particularly as they relate to wood shake and shingle roof fires and conflagrations. If a fire occurs, local dry conditions combined with high winds create the risk of potential fire storms. At other times, reduced visibility and traffic accidents due to dense fog can increase demand on emergency services and increase emergency response time.

In addition, local residential development has been occurring in hillside areas adjacent to the historically designated hazardous fire area. These developments increase the chance of wildfire, while simultaneously being located further from fire stations, delaying critical response times.

2. Geological or topographical conditions
a. Seismic Hazard. A table from a 1998 Association of Bay Area Governments publication shows that the southern section of the Hayward Fault is slipping at a rate of 9 mm per year and can generate an earthquake with a moment magnitude of 7.0. As of September 1998, the southern section of the Hayward Fault was identified as having a 23% possibility of generating a major earthquake in the next 30 years.1 Fremont is a narrow and long city. The Hayward Fault traverses the City in a longitudinal direction; consequently, most sites in the City will be subject to a near-fault effect and can expect significant damage or collapse of buildings.

Secondary impacts could include ruptured gas lines, collapsed power lines, and breaks in the water distribution system.

The proximity of the northern segment of the Hayward Fault must also be taken into consideration. The northern segment has been estimated to be capable of generating a magnitude

7.1 earthquake with a 28% possibility of an occurrence in the next 30 years. Due to proximity and directivity effects2 and shaking amplification,3 a major earthquake on the northern segment of the Hayward Fault can be anticipated to cause substantial damage in Fremont.

The combined probability of damage to buildings in the City of Fremont as a result of an earthquake along either segment of the Hayward Fault stands above 28% in the next 30 years. b. Soil Conditions. Surface soils in Fremont vary from bay mud (very expansive) to alluvial fan material (moderately to highly expansive). Expansive soils swell and shrink with variations in moisture content resulting in (1) differential "settlement" of structures, and (2) variations in surface storm water runoff. In addition, soft soil in combination with the presence of a high-water table can cause liquefaction in some sites in the event of major earthquake shaking. Structures built on soils prone to liquefaction have a greater probability of severe damage in an earthquake than buildings on other soil types.

Landslides and mudslides have been experienced within the City of Fremont, along Interstate 680 south of Curtner Road, in Niles Canyon and on the westerly slopes of Mission Peak, Mt. Allison and Monument Peak. When slopes fail and landslides occur in the developed

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Attachment: Informational- Draft Resolution for 2022 Bldg and Fire Findings (4657 : Adoption of the 2022 Building and Fire Codes with Local Resolution 2022-XX Page 6 of 26 areas, creeks and streams below the slide area become dammed with slide debris, which results in flooding. Additionally, landslides often block access roads in the hill area due to slope failure.

This has occurred in the past on major single access roads in the City such as Morrison Canyon Road, Mill Creek Road, Interstate 680, Niles Canyon Road, and Sabercat Road, which lie downhill from the areas subject to landslides and slope instability. c. Vegetation. Dry grass and brush are common in the hilly and open space areas during six to eight months of each year. The woodland areas along Niles Canyon, Morrison Canyon, Mission Creek and various other canyons in the hills have stands of eucalyptus, oaks, redwoods and other broad-leafed evergreen trees. The dropped dried leaves, branches, dead trees and undergrowth of brush within these hills and canyons contribute to fuel-loading. The fire danger presented by these conditions is exacerbated by dry hot winds associated with the summer months (May through October). Many of these areas experience wildland fires that threaten nearby buildings - particularly those with wood roofs or wood siding. During the dry season, more fire department resources can be occupied with vegetation fires, which occasionally results in fewer resources being available for structure fires, than during the rest of the year. d. Hills, Creeks, Canals, Freeways, Railways, Housing Tracts, Large Buildings and Building Complexes. Fremont is characterized by hills, creeks, canals, freeways, railways, housing tracts, large buildings and building complexes. All these surface features, both natural and manmade, have a major adverse effect upon the road and street layout in this community, including major traffic routes. These conditions limit the number and cause indirect routing of major arterial streets for normal traffic as well as emergency vehicle response. e. Terrain. Areas with buildings include level, sloping and rolling terrain. This terrain is not dissimilar to terrain in other locations, which have already experienced major conflagrations.
f. Roads and Streets. During the peak a.m. and p.m. traffic periods, the City experiences very heavy traffic congestion at key intersections and near freeway on-ramps and off-ramps. As noted above, the limited number and the indirect routing of some roads and streets in the community can create heavy, slow traffic conditions and excessively long travel routes from point-to-point within the community. Thus, in the event of an emergency at a key intersection, overpass, underpass, bridge, or other circulation corridor, sections of the City may become temporarily isolated and response times for emergency crews increased beyond ideal times.

Hillsides and slopes, caused by the mountains and hills surrounding the northeastern boundaries of the City of Fremont, have roadways with designated surfaces (grades) of 15% maximum; however, there are some private roadways and driveways to building sites with roadway surfaces in excess of 20%. These conditions can further slow emergency vehicle response times.

Intersections are rated on a level of service scale (LOS). This scale is “A” for excellent operational conditions to “F”, which represents a poor ratio. In the General Plan, dated December 2011, chapter 3 of the Mobility Study evaluated 68 intersections. Of the intersections evaluated, ten (10) received a LOS of “D” or less for both a.m. and p.m. peak hours. These less

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Attachment: Informational- Draft Resolution for 2022 Bldg and Fire Findings (4657 : Adoption of the 2022 Building and Fire Codes with Local Resolution 2022-XX Page 7 of 26 than satisfactory or failing marks reflect “barriers” which reduce the response time of emergency equipment.

g. Population. The current and rapidly growing population in the community creates both fire and police protection problems:
(i) With more people, more emergency incidents requiring a public safety response occur. The greater the frequency of alarms, the greater the likelihood that there will be simultaneous emergency incidents requiring public safety response. This results in longer response times and fewer fire companies or police units to respond to any emergency within the community; and
(ii) With more people, there is more traffic congestion during a greater part of the day.

Such traffic congestion not only slows emergency vehicle response but often restricts access to crime and fire scenes.
h. Buildings, Landscaping and Clearances. Many of the newer large buildings and building complexes are of designs which greatly limit visibility, approach and accessibility by public safety resources. Many houses and other buildings with wood roofs or sidings are so close together that fire will readily spread from one to another by both radiation and convection. i. Water Supply. The water supply (domestic, industrial and fire-flow demands) system within the City of Fremont is directly affected by the topographical layout of the City. The water distribution system operates from eleven (11) reservoirs that are supported by twelve (12) booster pump stations strategically located throughout the City of Fremont. This water distribution system provides adequate water (fire-flow of 2,000 GPM) in most parts of the City; while some hydrants still provide less than 500 GPM.
j. Business and Industry Centers. The current clusters of high-tech, biotech, green-tech and manufacturing businesses create additional demands on water, sewer and electrical facilities and offer opportunities and access to innovative products and technology:
(i) The more businesses, the greater the demands on water, sewer and power facilities during peak mid-day periods and could lead to shortages and service interruptions that can affect health and safety; and
(ii). The availability of high-tech, biotech and green-tech businesses creates unique access to innovative products and technology to reduce energy and water use and reduce waste discharge to mitigate business demands.

Analysis. The above local geologic and topographic conditions increase fire frequency, magnitude, exposure and accessibility problems and have a negative impact upon the response capability of public safety resources. Seismic hazards in combination with soils conditions have the potential to produce substantial structure damage or structural failure, multiple major fires and additional fire dangers, as well as place great strain on police, firefighting and rescue resources. A seismic event could also trigger widespread damage to hazardous material storage vessels and cause substantial hazardous material releases into the environment. In addition, the quantity of Police and Fire Department resources that can arrive within an effective time is

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Attachment: Informational- Draft Resolution for 2022 Bldg and Fire Findings (4657 : Adoption of the 2022 Building and Fire Codes with Local Resolution 2022-XX Page 8 of 26 limited. A major seismic event would disrupt transportation systems that already limit emergency response due to congestion, steep terrain, landslide vulnerability, firestorm vulnerability, reduced visibility and indirect routing.

3. Causes & Effects of Climate Change
Daily economic and development activities within Fremont rely on the combustion of fuels to supply energy to buildings, transport people and goods, and manufacture goods, as well result in the decomposition of waste materials in the landfills. Such activities emit atmospheric gases with global warming potential, including but not limited to carbon dioxide, nitrous oxide, methane, and ozone. Over the next century, increasing levels of atmospheric greenhouse gas (GHG) concentrations are expected to result in global temperature increases, causing a variety of local changes including sea level rise, more frequent heat waves and extended periods of drought. Local risks associated with climate change include:
a. Fire. Fires in the urban environment and in the wildland-urban interface result in direct damage to the built environment and can injure or kill residents. Wildland fires can cause damage to linear infrastructure systems that serve the Bay Area, causing outages downstream, can impact the air quality in cities during the duration of the fire, and can impact water quality in watersheds impacted by a wildland fire. Wildland and wildland-urban interface fires can also damage natural environments, such as recreational areas, and can cause lasting impacts to slopes and soils. Wildfire risk increases due to climate change because of higher temperatures and longer dry periods over a longer fire season. Additionally, wildfire risk will also be influenced by potential changes in vegetation.
b. Landslides. Climate change could change the behavior of winter storms. If winters are compressed, with more rain falling in fewer months, or if individual years are more extreme, the chance of rainfall-induced landslide will increase. Additionally, if fires burn greater portions of landslide-vulnerable hillsides, removing vegetation and increasing storm runoff, the landslide probability will increase.
c. Drought. Drought occurs over several dry years, depleting reservoirs and groundwater basins without the expected annual recharge from winter precipitation. Climate change is likely to increase the number and severity of future droughts, resulting in drier conditions, and will alter the timing and efficiency of the Bay Area water supply. An increase in temperature and a reduction in snowpack are the two most direct effects of climate change that will result in a drier state with fewer natural water resources than historically have been available. Prolonged periods of drought can reduce water supply for regional crops and livestock feed; increased wildfire hazard; and subsidence. Fire hazard increases where drought conditions are high. Additionally, drought reduces the water supplies available to fight wildfires, leading to larger and more extended fires.
d. Sea Level Rise. Globally, sea levels are rising due to thermal expansion caused by the ocean warming and the melting of land‐based ice, such as glaciers and polar ice caps. Without intervention, rising sea levels may cause more frequent flooding, longer-duration flooding, erosion, overtopping and increased salinity intrusion. Sea level rise can cause shoreline protection, such as levees, berms and revetments, to be damaged or fail due to increased tidal and

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Attachment: Informational- Draft Resolution for 2022 Bldg and Fire Findings (4657 : Adoption of the 2022 Building and Fire Codes with Local Resolution 2022-XX Page 9 of 26 wave energy. Levee failure poses a great risk to life and property in areas where levees protect surrounding property from sea level rise, surge and flooding. The City has two primary levees.

One is located along Alameda Creek protecting North Fremont and the other along Coyote Creek protecting the south Baylands area. If the levees were to fail, then property adjacent to these areas would be susceptible to flooding and flood damage. As sea levels rise, groundwater and salinity levels are also predicted to rise, causing damage to below grade living spaces and electrical/mechanical equipment that is below or at-grade. In addition, increasing groundwater levels may increase liquefaction susceptibility, and require the use of pumping of stormwater for flood management, which will increase both operations and maintenance costs. e. Extreme Heat. Fremont can experience extreme heat days, where the Heat Index, a function of heat and relative humidity, is high. Extreme heat days pose a public health threat, causing symptoms, such as, exhaustion, heat cramps, and sunstroke if the Heat Index is over 90F. Heat emergencies occur when residents are subject to heat exhaustion and heatstroke and are more likely to occur in areas not adapted to heat and without air conditioning, cooling centers, or vegetation to mediate heat impacts in exposed areas. Certain populations are typically the most at risk during extreme heat emergencies, including people with disabilities, chronic diseases, the elderly, and children. Climate change is expected to generate an increase in ambient average air temperature, particularly in the summer. The frequency, intensity, and duration of extreme heat events and heat waves are also expected as regional climate impacts.

Analysis. Increases in greenhouse gas emissions result in climatic changes that can have an adverse impact on the local community. Failure to address and significantly reduce these greenhouse gas emissions can cause global temperature increases, resulting in the increased likelihood of and exacerbating the damage caused by such events. Infrastructure and ecosystem damage caused by these events put at risk the health, well-being, and livelihoods of Fremont residents and businesses. Efforts to reduce greenhouse gas emissions at a local level will help to mitigate the effects of climate change. Greenhouse gas emission reduction efforts include:
energy and water efficiency measures; renewable energy generation; localized energy storage; fuel switching (i.e. switching from energy sources with a higher global warming potential like natural gas, gasoline, and diesel to those with a lower or no global warming potential like hydrogen fuel, biogas, wind turbines, solar photovoltaics, hydropower, or geothermal energy); use of low carbon materials in construction and manufacturing; alternative transportation; and waste reduction, recycling, and reuse of materials. Additional efforts to capture and sequester GHG emissions as well as to adapt to the effects of climate change are also important to consider.

4. Conclusion
Local climatic, geologic, and topographic conditions impact crime prevention efforts and the frequency, spread acceleration, intensity, and size of fires involving buildings, strength of building structural systems to resist local hazards, and ability to deliver uninterrupted water, sewer and power utility services in this community. Further, the potential for significant damage arising from these conditions is found to make it reasonably necessary that the 2022 California Building Code, 2022 California Mechanical Code, 2022 Electrical Code, 2022 Plumbing Code, 2022 California Residential Building Code, 2022 California Existing Building, 2022 California

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Attachment: Informational- Draft Resolution for 2022 Bldg and Fire Findings (4657 : Adoption of the 2022 Building and Fire Codes with Local Resolution 2022-XX Page 10 of 26 Green Building Code and 2022 California Fire Code be changed or modified to mitigate the effects of the above conditions.

PART II:

SPECIFIC MODIFICATIONS
A. Amendments to the 2022 California Fire Code
Time is the eternal enemy to the firefighter. The elapsed time from ignition to extinguishment is directly proportional to the amount of heat, smoke and toxic gases created from a fire. This information demonstrates the rapid growth of heat, flame and toxic properties of fire over time. Professional sources indicate that as temperature increases over time, survivability of occupants and conservation of property decreases. (Fire Protection Handbook 19th ed., the National Fire Protection Association).

Local environmental factors including topographical, geological and climatic conditions contribute to the likelihood of major fire, rescue and toxic containment operations as well as contribute to emergency response delays. Mitigation systems aid in the confinement, extinguishment and notification of occupants to allow for evacuation and will assist in the further reduction of injury and fatalities to life and the loss of property. The modifications proposed to the California Fire Code are designed to mitigate the response time delays, increase survivability, and mitigate the impact of hazardous materials incidents caused by the climatic, geologic and topographic conditions present in the City of Fremont. For all of the reasons listed below, these regulations are needed to reduce human and property losses due to fire or hazardous materials releases in the City of Fremont.

1. Modification to 2022 California Fire Code Section 508 Local Conditions Part I B.1.c, B.2.a, B.2.d, and B.2.h.

This modification to the Fire Code may require the dedication of a fire command center.

Because of the nature of mid-rise buildings, more people are required to coordinate and execute a response to more remote areas of these structures. It is typical for a confirmed mid-rise fire to require six engines, two trucks, and two Battalion Chiefs to deal with the initial emergency and logistical needs at the scene. This code modification allows the fire department to strategically place a fire command center within these structures.

The fire command center will improve fire ground assessment, coordination and rescue efforts during an emergency, thereby increasing firefighting efficiency. The increased efficiency will correspondingly reduce injury to persons and property in mid-rise fires. By improving the delivery of services and reducing the demand on fire department resources in mid-rise structures, more emergency personnel are available for other emergencies, either during dry seasons to combat wildfires in the hill areas or after a seismic event.

2. Modifications to 2022 California Fire Code Sections 903, 904, and 905 (Fire Extinguishing Systems)
Local Conditions Part I B.1.a through B.1.e and B.2.a through B.2.j

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Attachment: Informational- Draft Resolution for 2022 Bldg and Fire Findings (4657 : Adoption of the 2022 Building and Fire Codes with Local Resolution 2022-XX Page 11 of 26 This series of modifications generally requires the installation of an automatic fire extinguishing system (AFES) in all new buildings excluding Group U, Division 1 (private garages, carports, sheds and agricultural buildings). AFES’, the alternatives presented, and standpipe systems are effective in confining, extinguishing, or aiding in the extinguishment of a fire, as well as reducing the amount of toxic gases and smoke generated by a fire. They also allow people to safely evacuate the building and can confine the fire until emergency resources arrive at the scene. An AFES throughout a structure serves to limit the loss of life and property.

AFES’ will help mitigate dry, hot seasonal local conditions that contribute to fire ignition and fire loss. They will also help mitigate emergency response delays that impair the survival of people and structures, whether those delays are caused by the nature of the City’s transportation system, impairment of the transportation system by fog, earthquakes, firestorms, congestion and other local conditions, or deployment of firefighting resources to other emergency situations during major disasters, such as firestorms or earthquakes. AFES’ will also help mitigate fire and structural vulnerability in other structures and locations by helping to extinguish fires sooner, thereby freeing up firefighting and rescue resources.

3. Modifications to 2022 California Fire Code Sections 907 and 914 (Fire Alarm and Detection Systems)
Local Conditions Part I B.1.a through B.1.e and B.2.a through B.2.j This series of modifications requires that fire alarm and detection systems be installed to nationally recognized standards and that they “alarm” or signal with a more specific location within a building. The installation of more specific fire alarm and detection devices helps to minimize the amount of time firefighters need to determine the nature and extent of a fire and provides occupants additional time to escape.

The installation of emergency voice/alarm communication systems improves the fire department incident commander’s ability to control or give instruction to the large number of people that would be expected to be present throughout a covered mall or Buildings four or more stories in height.

4. Modifications to Fremont Municipal Code Title 15, Division 2, Chapter 15.60 (Automatic Fire Extinguishing Systems Retrofit Requirements For Certain Types of Apartment Buildings)
Local Conditions Part I B.1.a through B.1.e and B.2.a through B.2.j Fremont Municipal Code Title 15, Division 2, Chapter 15.60, requires that all existing central corridor hotel and apartment buildings (R-1 occupancies) that are two stories or more in height containing 10 or more dwellings be retrofitted with AFES. These structures are especially dangerous during a fire for the following reasons: (1) The center corridor design creates longer escape paths that the occupants must travel in the interior of a building while subjected to the effects of the fire; (2) The center corridor design also creates a natural chimney effect causing an exceedingly dangerous condition known as “fire flash-over.” Flash-over results from the accumulation of gases from the fire seeping through the hallway. The gases accumulate in the hallway ceiling area and ignite when the ignition temperature is reached. In the dry, hot

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Attachment: Informational- Draft Resolution for 2022 Bldg and Fire Findings (4657 : Adoption of the 2022 Building and Fire Codes with Local Resolution 2022-XX Page 12 of 26 conditions typical of Fremont summer months; the flash point is achieved sooner. Ignition of these gases can be fatal to those people in the hallway and block the escape route of occupants in their units.

The installation of AFES, smoke detectors and self-closing devices will contain the rapid spreading flame and smoke and help to prevent flash-over ignition by lowering the hallway temperature and increasing moisture. This will provide additional time for the Fire Department to respond and occupants to escape. The retrofit of AFES in center corridor residential structures also has the same benefits as AFES installations in new structures, as discussed above regarding modifications to California Fire Code Section 1003.

5. Modifications to 2022 California Fire Code Sections 4902, 4903 and 4905 (Wildland- Urban Interface Fire Areas)
Local Conditions Part I B.1.a through B.1.e and B.2.c through B.2i This series of modifications generally allows the fire department to require Community Protection Plans, new or remodeled structures to comply with enhanced Building Standards and establishes the need for Defensible Spaces around structures in the Wildland-Urban Interface Areas. These requirements help mitigate dry, hot seasonal local conditions that contribute to fire ignition, its spread and ultimately fire loss.

Pre-established Community Protection Plans can help mitigate emergency response delays that impair the survival of people and structures, whether those delays are caused by the nature of the City’s transportation system, impairment of the transportation system by fog, earthquakes, firestorms, congestion and other local conditions, or deployment of firefighting resources to other emergency situations during a major disaster. The enhanced construction and defensible space requirements also improve the ignition resistance of, and the fire spread toward these structures in the event of a fire in the Wildland-Urban Interface Area,

6. Modifications 2022 California Fire Code Sections 202, 5001, 5003-5005, 5701, 5703, 5705 and 6004 (Hazardous Materials Related Requirements) Local Conditions Part I B.1.c, B.1.e, B.2.a, B.2.d, and B.2.f through B.2.j These modifications to the California Fire Code provide extra protection systems for management and use of hazardous materials, including flammable and toxic gases, liquids and solids. These provisions require increased spill containment, improved secondary containment mechanisms for a wider range of hazardous materials, lower quantity thresholds and construction and monitoring for hazardous materials systems.

These changes are necessitated by the likelihood of substantial earthquake events in Fremont. Intense shaking during earthquakes increases the risk of hazardous material being released, whether directly caused by the earthquake shaking, or indirectly as the result of structural failure or earthquake-caused fires. The improved management and containment measures will mitigate the possibility of containment failure during an earthquake, and correspondingly reduce the likelihood of injury to persons and loss of property caused by the release of hazardous material to the environment.

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Attachment: Informational- Draft Resolution for 2022 Bldg and Fire Findings (4657 : Adoption of the 2022 Building and Fire Codes with Local Resolution 2022-XX Page 13 of 26

7. Modifications to 2022 California Fire Code Chapter 56 Local Conditions Part I B.1.a through B.1.e and B.2.a through B.2.j These modifications to the California Fire Code maintain the prohibition on fireworks and periodic management of explosives within the City of Fremont as established in the California Code of Regulations, Title 22, Division 1, Chapter 10 respectively.

8. Modifications to 2022 California Fire Code Chapter 80 Local Conditions Part I B.1.a through B.1.e and B.2.a through B.2.j The Standard referenced in Chapter 80 (Highly Toxic and Toxic Materials) is NFPA 13 and is being changed to align with the provisions of Section 903 of the California Fire Code.

B. Amendments to the 2022 California Building Code

1. Modifications to 2022 California Building Code Sections 402.5, 403.3, 404.3, 903 and 1507 (Automatic Fire Extinguishing Systems and Roofing Requirements) Local Conditions Part I B.1.a through B.1.e, B.2.a, B.2.d, B.2.e, B.2.f and B.2.h Earthquake hazards in the City of Fremont, including the Hayward Fault and the Calaveras Fault, could cause severe earth shaking as great as Scale X on the Modified Mercalli Intensity Scale in a large part of the City. The soft soil conditions described in Part I Item 2b of these findings intensify this shaking.

The issue of fire inception and spread is specifically discussed in detail in a study by EQE International. An analysis of fire ignition per equivalent dwelling clearly indicates that the possibility of fire ignition increases as earthquake shaking increases.4 This information was developed from a large data base and should be adjusted upward when considering the extremely dry conditions existing in the City of Fremont.

One of the major hazards associated with earthquakes is fire due to broken gas lines and short circuits of electrical systems. Most buildings in Fremont are entirely or partially combustible, which increases vulnerability to fire in the City.

The Hayward Fault intersects Freeway 680 and many major thoroughfares in the City. In addition, large developments on the hillside pose additional difficulties for emergency response teams. Greatly reduced accessibility due to the obstruction of the path of travel, combined with a high demand for rescue and emergency medical treatment, will greatly limit the ability of the post-disaster fire response teams. Mutual Aid will also be rather limited, if at all possible, immediately following a major earthquake along the Hayward Fault due to the expected regional scope of such a disaster. With the inability of emergency services to guarantee rapid response to various sections of the City, it is necessary to mitigate this problem by requiring additional built- in automatic fire protection systems, which will provide for early detection and initial fire control until the arrival of the firefighting equipment and other emergency services.

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Attachment: Informational- Draft Resolution for 2022 Bldg and Fire Findings (4657 : Adoption of the 2022 Building and Fire Codes with Local Resolution 2022-XX Page 14 of 26 Further, Fremont has a large population of businesses handling, using and storing hazardous materials. Fire in a facility storing or using hazardous materials can spread rapidly and will be more intense and difficult to control due to the nature of the stored materials. Delay in extinguishing the fire can increase the volume and extent of the leakage or spillage of these materials, and as a result of an earthquake and an ensuing fire, can create major environmental and health crises at a local and regional level.

The proposed requirements for Roofing and Automated Fire Extinguishing Systems are reasonably necessary due to the geological, topographical and climatic conditions outlined in these findings as they would limit the spread of fires by flying ash and embers from one building to the next.

For additional findings, see Part II, Section A.2

2. Modifications to 2022 California Building Code Sections 406, Table 602, 708, 711, and 1020 (Fire Resistivity, Occupancy Separation, and Exiting) Local Condition Part I B.2.a, B.2.h, and B.2.i
The proposed code changes are necessary due to the proximity of most sites to the Hayward Fault and the high probability of an earthquake along the fault. The resulting intense earthquake shaking will result in a much higher demand on structures that can cause damages to buildings and fire suppression systems. The required fire separation between residential unit (Sections 708) and between residential occupancies and other occupancies (Sections 406.3.2.1 provides a passive protection system and gives occupants slightly more time to exit. Disallowing elimination of rated corridor (Section 1020) for group A & E provides a safe exit in the event of post-earthquake fire. Disallowing combustible decking in roofs of high-rise buildings provide for safer fire suppression from roofs of high-rise buildings in the event of post-earthquake fire.

3. Modifications to 2022 California Building Code Sections 701A, 702A, 705A (Wildland-Urban Interface Fire Area) and 707A

Local Conditions Part I B.1.a through B.1.e, B.2.a, B.2.c, B.2.d, B.2.e, B.2.f and B.2.h

Fires in Santa Barbara, the Oakland Hills and Malibu have shown that fires in hill areas spread rapidly and, in all three of these fires, burned out of control for a long time resulting in many deaths and major devastation. Post-fire analyses revealed that noncombustible buildings and those with certain fire-resistant construction had a much higher level of survivability.5 The Fire Hazard Zone in Fremont is extremely similar to the fire zones in Oakland, Santa Barbara, and Malibu. The climate is very similar to Oakland except that Fremont is dryer and hotter during the summer. The winds pass through Fremont with the same speed and intensity as the Santa Ana winds in Southern California. The potential of a major fire occurring in the Fremont Fire Hazard Zone is substantially the same as the regions named above.

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Attachment: Informational- Draft Resolution for 2022 Bldg and Fire Findings (4657 : Adoption of the 2022 Building and Fire Codes with Local Resolution 2022-XX Page 15 of 26 The proposed construction measures are targeted to enhance the fire resistivity of structures located in the Wildland-Urban Interface Fire Area and thereby provide a reasonable level of safety for the occupants of those structures.6

4. Modifications to 2022 California Building Code Sections 1612 and 1613 (Structural design and loading)
Local Conditions Part I B.2.a and B.2.b
(a) Flood Load, 2022 CBC Section 1612 amending definition of flood hazard area to be more specific to local conditions as identified by FEMA. (b) Suspended Ceilings, 2022 CBC Section 1613.4. The California Building Code has no information regarding the design requirements for ceiling suspension systems for seismic loads.

It is through the experience of prior earthquakes, such as the Northridge Earthquake, that this amendment is proposed so as to minimize the amount of bodily and building damage within the spaces in which this type of ceiling will be installed. This proposed amendment is a continuation of an amendment adopted during previous code adoption cycles.

5. Modifications to 2022 California Building Code Sections 1704.6, 1705, and 1707 (Special Inspection, Structural Observation, and Quality Control) Local Conditions Part I B.2.a and B.2.b
The proposed code changes are necessary due to the proximity of most sites to the Hayward Fault and the high probability of an earthquake along the fault. The additional special inspection, structural observation and quality control are administrative amendments are necessary to obtain quality construction necessary to resist strong earthquake shaking in buildings.

6. Modifications to 2022 California Building Code Sections 1803, 1804, and 1807 (Soil Investigation and Excavation)
Local Condition Part I B.2.a and B.2.b
The proposed modifications require additional geotechnical reports and requirements for excavation and fills. These changes are necessary due to the proximity of most sites to the Hayward Fault and the high probability of an earthquake along the fault. Concrete and masonry retaining walls can also be greatly affected by expansive soils and earthquakes. Failure of these elements can have significant and accumulative results. In addition, local soil conditions, including soils prone to liquefaction and expansive soils, necessitate stricter excavation, grading and fill requirements. The proposed modification would help mitigate damages to buildings caused by earthquakes and thus likely reducing the required emergency response.

7. Modifications to 2022 California Building Code Section 1809 (Shallow Foundation and Stepped Footings)
Local Condition Part I B.2.a and B.2.b

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Attachment: Informational- Draft Resolution for 2022 Bldg and Fire Findings (4657 : Adoption of the 2022 Building and Fire Codes with Local Resolution 2022-XX Page 16 of 26 (a) Stepped footings, amending 2022 CBC Section 1809.3. With the higher seismic demand placed on buildings and structures in this region, precautionary steps are proposed to reduce or eliminate potential problems that may result for under reinforced footings located on sloped surfaces. Requiring minimum reinforcement for stepped footings is intended to address the problem of poor performance of plain or under-reinforced footings during a seismic event.

(b) Prescriptive footings for light-frame construction, amending 2022 CBC Section 1809.7. No substantiating data has been provided to show that under-reinforced footings are effective in resisting seismic loads and may potentially lead to a higher risk of failure.

Therefore, this proposed amendment requires minimum reinforcement in continuous footings to address the problem of poor performance of plain or under-reinforced footings during a seismic event. With the higher seismic demand placed on buildings and structures in this region, precautionary steps are proposed to reduce or eliminate potential problems that may result by following prescriptive design provisions for footing that does not take into consideration the surrounding environment. It was important that the benefit and expertise of a registered design professional be obtained to properly analyze the structure and take these issues into consideration. This amendment reflects the recommendations by the Structural Engineers Association of Southern California (SEAOSC) and the Los Angeles City Task Force that investigated the poor performance observed in the 1994 Northridge Earthquake. Local geological and topographical conditions described in Part I B2 are similar to Southern California.

This proposed amendment is a continuation of an amendment adopted during previous code adoption cycles.

8. Modifications to 2022 California Building Code Sections 1905, 1906, and 1907 (Concrete Construction)
Local Condition Part I B.2.a

(a) ACI 318, Section 18.5 amending 2022 CBC Section 1905. The proposed amendment requires minimum reinforcement in continuous footings to address the problem of poor performance of plain or under-reinforced footings during a seismic event.

(b) ACI 318, Section 18.7.5 amending 2022 CBC Section 1905. These amendments are intended to provide increased confinement to concrete columns if certain thresholds are exceeded.

In addition, this amendment also limits the use of very high gravity-loaded walls being used to resist earthquake loads.

Furthermore, this modification ensures that reinforcing bars are placed in sufficiently thick concrete to prevent buckling of such reinforcement. Rebar placed in very thin concrete topping slabs have been observed in some instances to have popped out of the slab due to insufficient concrete coverage.

9. Modifications to 2022 California Building Code Sections 2304, 2305.4, 2305.5, 2306,

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Attachment: Informational- Draft Resolution for 2022 Bldg and Fire Findings (4657 : Adoption of the 2022 Building and Fire Codes with Local Resolution 2022-XX Page 17 of 26 2307, 2308, 2505 and 2508 (Wood Construction)
Local Condition Part I B.2.a
(a) Disallowed use of 3/8” plywood as roof sheathing. 2022 CBC Section 2304.8.2. Due to the climatic and geographic conditions 3/8” plywood is not allowed to be used for roof sheathing, except for small repairs to exit sheathing. The local climatic conditions have demonstrated the delamination and deterioration of 3/8” plywood and poses a danger to Fire Fighters and other individuals needing to access the roof areas.

(b) Fastener requirements, 2022 CBC Section 2304.10.1. Due to the high geologic activities in the Southern California area and the expected higher level of performance on buildings and structures, this proposed local amendment limit the use of staple fasteners in resisting or transferring seismic forces. In September 2007, limited cyclic testing data was provided to the ICC Los Angeles Chapter Structural Code Committee showing that stapled wood structural shear panels do not exhibit the same behavior as the nailed wood structural shear panels. The test results of the stapled wood structural shear panels appeared much lower in strength and drift than the nailed wood structural shear panel test results. Therefore, the use of staples as fasteners to resist or transfer seismic forces shall not be permitted without being substantiated by cyclic testing. This proposed amendment is a continuation of a similar amendment adopted during previous code adoption cycles.

(c) Quality of Nails, 2022 CBC Section 2305.4. The overdriving of nails into the structural wood panel still remains a concern when pneumatic nail guns are used for wood structural panel shear wall nailing. Box nails were observed to cause massive and multiple failures of the typical 3/8-inch thick plywood during the 1994 Northridge Earthquake. The use of clipped head nails as allowed in Table A1 of AFPA SDPWS footnote referencing to ASTM F1667, continues to be restricted from being used in wood structural panel shear walls where the minimum nail head size must be maintained in order to minimize nails from pulling through sheathing materials. Clipped or mechanically driven nails used in wood structural panel shear wall construction were found to perform much less in previous wood structural panel shear wall testing done at the University of California Irvine. The existing test results indicated that, under cyclic loading, the wood structural panel shear walls were less energy absorbent and less ductile.

The panels reached ultimate load capacity and failed at substantially less lateral deflection than those using same size hand-driven nails. This amendment reflects the recommendations by the Structural Engineers Association of Southern California (SEAOSC) and the Los Angeles City Joint Task Force that investigated the poor performance observed in 1994 Northridge Earthquake. Local geological and topographical conditions described in Part I B.2 are similar to Southern California. The proposed modification would help mitigate damages to buildings caused by earthquakes and thus likely reducing the required emergency response. This proposed amendment is a continuation of an amendment adopted during previous code adoption cycles.

(d) Hold-down connectors, 2022 CBC Section 2305.5. ICC-ES AC 155 Acceptance Criteria for Hold-downs (Tie-Downs) Attached to Wood Members is widely used to establish allowable values for hold-down connectors in evaluation reports. AC 155 uses monotonic loading to establish allowable values. Yet, cyclic and dynamic forces imparted on buildings and structures by seismic activity cause more damage than equivalent forces that are applied in a

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Attachment: Informational- Draft Resolution for 2022 Bldg and Fire Findings (4657 : Adoption of the 2022 Building and Fire Codes with Local Resolution 2022-XX Page 18 of 26 monotonic manner. However, the engineering, regulatory and manufacturing industries have not reached consensus on the appropriate cyclic or dynamic testing protocols. This condition is expected to continue for some time. In the interim, this proposed amendment continues to limit the allowable capacity to 75% of the evaluation report value to provide an additional factor of safety for statically tested anchorage devices. Steel plate washers will reduce the additional damage that can result when hold-down connectors are fastened to wood framing members. This amendment reflects the recommendations by the Structural Engineers Association of Southern California (SEAOSC) and the Los Angeles City Joint Task Force that investigated the poor performance observed in 1994 Northridge Earthquake. Local geological and topographical conditions described in Part I B.2 are similar to Southern California. The proposed modification would help mitigate damages to buildings caused by earthquakes and thus likely reducing the required emergency response. This proposed amendment is a continuation of an amendment adopted during previous code adoption cycles with additional editorial revisions for clarification.

(e) Wood-frame diaphragms, 2022 CBC Section 2306.2; Wood-frame shear walls, 2022 CBC Section 2306.3 and 2307.2. The Structural Engineers Association of Southern California (SEAOSC) and the Los Angeles City Joint Task Force that investigated the damages to buildings and structures during the 1994 Northridge Earthquake recommended reducing allowable shear values in wood structural panel shear walls or diaphragms that were not substantiated by cyclic testing. That recommendation was consistent with a report to the Governor from the Seismic Safety Commission of the State of California recommending that code requirements be "more thoroughly substantiated with testing.” The allowable shear values for wood structural panel shear walls or diaphragms fastened with staples are based on monotonic testing and does not take into consideration that earthquake forces load shear wall or diaphragm in a repeating and fully reversible manner.

In September 2007, limited cyclic testing was conducted by a private engineering firm to determine if wood structural panels fastened with staples would exhibit the same behavior as the wood structural panels fastened with common nails. The test result revealed that wood structural panel fastened with staples appeared to be much lower in strength and stiffness than wood structural panels fastened with common nails. It was recommended that the use of staples as fasteners for wood structural panel shear walls or diaphragms not be permitted to resist seismic forces in structures assigned to Seismic Design Category D, E and F unless it can be substantiated by cyclic testing.

Furthermore, the cities and county within the Los Angeles region has taken extra measures to maintain the structural integrity of the framing of shear walls and diaphragms designed for high levels of seismic forces by requiring wood sheathing be applied directly over the framing members and prohibiting the use of panels placed over gypsum sheathing. This proposed amendment is intended to prevent the undesirable performance of nails when gypsum board softens due to cyclic earthquake displacements and the nail ultimately does not have any engagement in a solid material within the thickness of the gypsum board.

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(f) The intense earthquake shaking will result in a much higher demand on structural system and hardware. Materials with low ductility will fail in the brittle mode under this high demand. Drywall and stucco shear walls have proven to be brittle in past earthquakes; therefore, modifications are required to disallow these materials as shear earthquake load resisting elements. (Sections 2308, 2505.1, 2505.2 and 2508.5).

C. Amendments to the 2022 California Mechanical Code

1. Modifications to 2022 California Mechanical Code Sections 507 and 510 (Commercial Hoods and Kitchen Ventilation)
Local Conditions Part I B.1.a, B.1.b, B.1.d, B.1.e and B.2.a, B.2.d, B.2.f, B.2.h and B.2.i There have been a number of grease duct fires in the City of Fremont in single story buildings. These fires were contained by shafts isolating the fire to the shafts only. In cases where there was no shaft, the fire spread to the roof.

The protection of hoods and ducts in an enclosure constructed of fire rated materials is in the local amendments to restrict grease duct fires to the hood and duct and prevent the spread of fire from the hood or duct to the rest of the building. Portions of the hood and duct are protected so that in the case of a grease duct fire, all portions of the hood and grease duct that are in concealed spaces, such as ceilings and walls, are protected in a fire rated duct enclosure.

D. Amendments to the 2022 California Plumbing Code

1. Modifications to 2022 California Plumbing Code Section 1211 (Earthquake Shut-off valve)
Local Conditions Part I B.2.a, B.2.b, B.2.g, B.2.h and B.2.i This modification to the Plumbing Code requires the installation of a seismic actuated gas shutoff valve. Earthquake hazards in the City of Fremont, including the Hayward Fault and the Calaveras Fault, could cause severe earth shaking as great as Scale X on the Modified Mercalli Intensity Scale in a large part of the City. The soft soil conditions described in Part I Item 2b of these findings intensify this shaking. An earthquake-actuated shutoff valve can significantly reduce the fuel and ignition sources for fires during seismic events. The proposed modification would help mitigate damages to buildings caused by earthquakes and, thus, likely reducing the required emergency response.

E. Amendments to the 2022 California Electrical Code

1. Modifications to 2022 California Electric Code Article 110 (Requirements for Electrical Installations)

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The proposed changes require non-ferrous materials for electrical installations in corrosive environments. These changes are based on the corrosive soils prevalent in Fremont and will reduce the likelihood of electrical system failures caused by corrosion.

F. Amendments to the 2022 California Residential Code

1. Modifications to 2022 California Residential Code Sections R301, R302, R313, R322 and R337 (Fire Resistant and Flood Construction, Fire Sprinkler, & Wildland- Urban Interface)
Local Conditions Part I B.1.a through B.1.e, B.2.a, B.2.c, B.2.d, B.2.e, B.2.f and B.2.h

These sections are amended to add requirements for structures located in the WUI Fire Area. Refer to Part II B.3 and Part II A.5 for findings for WUI area.

These modifications are required to make the Residential Code consistent with modifications made to similar California Building Code sections. The proposed code changes are necessary due to the proximity of most sites to the Hayward Fault and the high probability of an earthquake along the fault. The resulting intense earthquake shaking will result in a much higher demand on structures that can cause damages to buildings and fire suppression systems.

The required fire separation between residential units and between residential occupancies and other occupancies provides a passive protection system and gives occupant slightly more time to exit.

One of the major hazards associated with earthquakes is fire due to broken gas lines and short circuits of electrical systems. The Hayward Fault intersects Interstate 680 and many major thoroughfares in this City. In addition, large developments on the hillside pose additional difficulties for emergency response teams. Greatly reduced accessibility due to the obstruction of the path of travel, combined with a high demand for rescue and emergency medical treatment, will greatly limit the ability of the post-disaster fire response teams. Mutual Aid will also be rather limited, if possible at all, immediately following a major earthquake along the Hayward Fault due to the expected regional scope of such a disaster. With the inability of emergency services to guarantee rapid response to various sections of the City, it is necessary to mitigate this problem by requiring additional built-in automatic fire protection systems, which will provide for early detection and initial fire control until the arrival of the firefighting equipment and other emergency services.

2. Modifications to 2022 California Residential Code Section R322 (Flood Design)

Local Conditions Part I B.2.a and B.2.b
(a) Determination of design flood elevation, amending 2022 CRC Section R322.1.4.

This section is amended to cross reference and be consistent with the changes to CBC Section 1612 which clarifies that the Flood Insurance Study for Alameda County should be used to specify the local conditions as identified by FEMA. CBC Section 1612 provides additional information and more references pertaining to flood construction.

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3. Modifications to 2022 California Residential Code Sections R401, R403 and R404 (Foundations, Footings, and Soil Reports)
Local Condition Part I B.2.a

(a) Soil tests, amending 2022 CRC Section 401.4 and Geotechnical evaluation, amending 2022 CRC Section 401.4.1. This amendment tracks the amendment to soil testing requirements in the CBC, section 1803, which is amended by FMC 15.10.340.

Also, this amendment allows the building official flexibility to accept the allowable bearing pressure shown in Table R401.4.1 for type R3 and U occupancies.

(b) Continuous footing in Seismic Design Categories D0, D1 and D2, amending 2022 CRC Section R403.1.2 and Isolated Concrete footings, amending 2022 CRC Section R403.1.3.6. With the higher seismic demand placed on buildings and structures in the City of Fremont, precautionary steps are proposed to reduce or eliminate potential problems that may result for under-reinforced footings located on sloped surfaces.

Requiring minimum reinforcement for stepped footings is intended to address the problem of poor performance of plain or under-reinforced footings during a seismic event. Furthermore, interior walls can easily be called upon to resist over half of the seismic loading imposed on simple buildings or structures. Without a continuous foundation to support the braced wall line, seismic loads would be transferred through other elements, such as non-structural concrete slab floors, wood floors, etc.

The proposed change is to limit the use of the exception to structures assigned to Seismic Design Category A, B or C where lower seismic demands are expected.

Requiring interior braced walls be supported by continuous foundations is intended to reduce or eliminate the poor performance of buildings or structures. This proposed amendment is consistent with an amendment adopted during previous code adoption cycles for the California Residential Code.

(c) Wood foundation walls, amending 2022 CRC Section 402.1 and 404.2. No substantiating data has been provided to show that a wood foundation wall is effective in supporting buildings and structures during a seismic event while being subject to deterioration caused by the combined detrimental effect of constant moisture in the soil and wood-destroying organisms. Wood foundation walls, when they are not properly treated and protected against deterioration, have performed very poorly and have led to slope failures. The proposed amendment takes the precautionary steps to reduce or eliminate potential problems that may result in using wood foundation walls that experience relatively rapid decay due to the fact that the region does not experience temperatures cold enough to destroy or retard the growth and proliferation of wood- destroying organisms. This proposed amendment is consistent with an amendment adopted during previous code adoption cycles for the California Residential Code.

4. Modifications to 2022 California Residential Code Sections R602 and R606 (Wood Wall and Masonry Wall Construction)

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Local Condition Part I B.2.a

(a) Fastening Schedule, amending 2022 CRC Table R602.3(1); Alternate Attachments to Table R602.3(1) amending 2022 CRC Table R602.3(2). The Structural Engineers Association of Southern California (SEAOSC) and the Los Angeles City Joint Task Force that investigated the damages to buildings and structures during the 1994 Northridge Earthquake recommended reducing allowable shear values in wood structural panel shear walls or diaphragms that were not substantiated by cyclic testing. That recommendation was consistent with a report to the Governor from the Seismic Safety Commission of the State of California recommending that code requirements be "more thoroughly substantiated with testing.” The allowable shear values for wood structural panel shear walls or diaphragms fastened with staples are based on monotonic testing and does not take into consideration that earthquake forces load shear wall or diaphragm in a repeating and fully reversible manner.

In September 2007, limited cyclic testing was conducted by a private engineering firm to determine if wood structural panels fastened with staples would exhibit the same behavior as the wood structural panels fastened with common nails. The test result revealed that wood structural panel fastened with staples appeared to be much lower in strength and stiffness than wood structural panels fastened with common nails. It was recommended that the use of staples as fasteners for wood structural panel shear walls or diaphragms not be permitted to resist seismic forces in structures assigned to Seismic Design Category D0, D1 and D2 unless it can be substantiated by cyclic testing.

Local geological and topographical conditions described in Part I B.2 are similar to Southern California. The proposed modification would help mitigate damages to buildings caused by earthquakes and thus likely reducing the required emergency response.

(b) Top Plate, amending 2022 CRC Section R602.3.2. Due to the high seismic risk in Fremont, extra measures are taken to maintain the structural integrity of the framing of the shear wall system for buildings and structures by not allowing single top plate construction. The performance of modern day braced wall panel construction is directly related to an adequate load path extending from the roof diaphragm to the foundation system. A single top plate is likely to be over-nailed due to the nailing requirements at a rafter, stud, top plate splice, and braced wall panel edge in a single location. In addition, notching on a single top plate for plumbing, ventilation and electrical wiring can reduce the load transfer capacity of the single plate without proper detailing. The majority of buildings and structures designed and built per the California Residential Code with a single top plate may not need structural observation and special inspections. The potential construction mistakes mentioned above could not be caught and corrected by knowledgeable engineers and inspectors and could jeopardize structural performance of buildings and structures located in high seismic areas.

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(c) Bracing Requirements Based on Seismic Design Category and Wind Speed, amending Table 2022 CRC Tables R602.10.3(1), R602.10.3(2), R602.10.3(3), R602.10.4, Figure R602.10.6.1, Figure R602.10.6.2, Figure R602.10.6.4, R602.10.6.4. Due to the high wind and seismic activities and the expected higher level of performance on buildings and structures in Fremont, this proposed amendment disallows the use of shear walls sheathed with lath, plaster or gypsum board and other materials that are poor performance from previous earthquakes.

3/8” thick 3 ply-plywood shear walls experienced many failures during the Northridge Earthquake. Box nails were observed to cause massive and multiple failures of the typical 3/8” thick 3-ply plywood during the Northridge earthquake. This proposed amendment specifies minimum sheathing thickness, nail size and spacing so as to provide a uniform standard of construction for designers and buildings to follow. This is intended to improve the performance level of buildings and structures that are subject to the higher seismic demands and reduce and limit potential damages to property. This proposed amendment reflects the recommendations by the Structural Engineers Association of Southern California (SEAOSC) and the Los Angeles City Joint Task Force that investigated the poor performance observed in 1994 Northridge Earthquake.

In September 2007, limited cyclic testing was conducted by a private engineering firm to determine if wood structural panels fastened with staples would exhibit the same behavior as the wood structural panels fastened with common nails. The test result revealed that wood structural panel fastened with staples appeared to be much lower in strength and stiffness than wood structural panels fastened with common nails. It was recommended that the use of staples as fasteners for wood structural panel shear walls or diaphragms not be permitted to resist seismic forces in structures assigned to Seismic Design Category D0, D1 and D2 unless it can be substantiated by cyclic testing.

Local geological and topographical conditions described in Part I B.2 are similar to Southern California. The proposed modification would help mitigate damages to buildings caused by earthquakes and thus likely reducing the required emergency response.

(d) Minimum number of braced wall panels, amending 2022 CRC Section R602.10.2.3. Plywood shear walls with high aspect ratio experienced many failures during the Northridge Earthquake. This proposed amendment specifies a minimum braced wall length to meet an aspect ratio consistent with other sections of the Residential Code as to provide a uniform standard of construction for designers and buildings to follow. This is intended to improve the performance level of buildings and structures that are subject to the higher seismic demands and reduce and limit potential damages to property. This proposed amendment reflects the recommendations by the Structural Engineers Association of Southern California (SEAOSC) and the Los Angeles City Joint

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Local geological and topographical conditions described in Part I B.2 are similar to Southern California. The proposed modification would help mitigate damages to buildings caused by earthquakes and thus likely reducing the required emergency response.

(e) Reinforcement requirements for masonry elements, amending 2022 CRC Section R606.12.2.2.3. Reinforcement using longitudinal wires for buildings and structures located in high seismic areas are deficient and not as ductile as deformed rebar.

Having vertical reinforcement closer to the ends of masonry walls help to improve the seismic performance of masonry buildings and structures.

Local geological and topographical conditions described in Part I B.2 are similar to Southern California. The proposed modification would help mitigate damages to buildings caused by earthquakes and, thus, likely reducing the required emergency response.

G. Amendments to the 2022 California Green Building Code

1. Modifications to 2022 California Green Building Code Sections 301, 4.106 and 5.106 (Electrical Vehicle)

Local Condition: Part I B.1

The proposed amendment is to enhance the use of electric vehicles (EV) in the community, thereby reducing community-wide greenhouse emissions attributed to the transportation sector.

H. Amendments to the 2022 California Existing Building Code

1. Modifications to 2022 California Existing Building Code Sections 301 and 401 (Wildland-Urban Interface (WUI))

Local Conditions Part I B.1.a through B.1.e, B.2.a, B.2.c, B.2.d, B.2.e, B.2.f and B.2.h

These sections are amended to add requirements for structures located in the WUI Fire Area. Refer to Part II B.3 and Part II A.5 for findings for WUI area. This amendment is carried over from the last code adoption.

2. Modifications to 2022 California Existing Building Code Section 407 (Occupancy)

Local Conditions Part I B.1.a through B.1.e, B.2.a, B.2.c, B.2.d, B.2.e, B.2.f and B.2.h

This section is amended to add Table 1011.5 of the 2021 International Existing Building Code. This table provides clarification on relative hazard between the different occupancy

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Prepared and Submitted by:

______________________________
Curtis Jacobson
Fire Chief

______________________________
Jay Swardenski
Fire Marshal

______________________________
Gary West
Building Official

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References:

1 Jeanne Perkins, On Shaky Ground Supplement, Association of Bay Area Governments.

September 1998. pg. 17.

2 John Boatwright and Jeanne Perkins, On Shaky Ground. Association of Bay Area Governments, April 1995. pp. 6,7.

3 Wilfred D. Quan, Near Fault Seismic Issues. EERI Annual Meeting, 1997.

4 Drs. Charles Scawthorn and Mahmoud Khater, Fire Following Earthquake, Conflagration Potential in the Greater Los Angeles, San Francisco, Seattle and Memphis Areas. National Committee on Property Insurance. 1992. Figure 3-7, Section 3-23.

5 Scawthorn and Khater, Fire Following Earthquake.

6 Scawthorn and Khater, Fire Following Earthquake. Section 3-15.

Other Supporting Documents:

1994 Northridge Earthquake. Seismic Safety Commission, 1994.

Earthquake Planning Scenario for a Magnitude 7.5 Earthquake on the Hayward Fault in the San Francisco Bay Area. California Department of Conservation, Division of Mines and Geology 1987.

Proceedings, Conference on Earthquake Hazards in the Eastern San Francisco Bay Area.

California Department of Conservation, Division of Mines and Geology 1982.

Fremont Meadows Active Fault Investigation and Evaluation. Woodward-Clyde & Associates. 1970.

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