Draft Resolution- Findings for Modification to Building Standards Code

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 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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(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: APPROVED AS TO FORM:

City Clerk City Attorney
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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 Resolution 2022-XX Page 3 of 26
Routes 84, 238 and 262. The Union Pacific and Bay Area Rapid Transit railroad tracks also wind through the City of Fremont.

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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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.

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 9mm 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.' 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 effects and shaking amplification, 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 Resolution 2022-XX Page 5 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 Resolution 2022-XX Page 6 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 Resolution 2022-XX Page 7 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 Resolution 2022-XX Page 8 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.

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 Resolution 2022-XX Page 9 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 Resolution 2022-XX Page 10 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 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 Resolution 2022-XX Page 11 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, carthquakes, 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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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.* 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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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.2.1
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.

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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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.

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 earthlake alon thrive Teementonal special 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 masoniy 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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(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, Resolution 2022-XX Page 16 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 failures of the typical 3/8-inch thick plywood during the 1994 Northridge Earthquake. The use of 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 Resolution 2022-XX Page 17 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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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. (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.I.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)
Resolution 2022-XX Page 19 of 26
Local Condition Part I B.2.b
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 WUl 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.

Resolution 2022-XX Page 20 of 26

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 Do, Di 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 Do, Di 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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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. (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 Do, Di 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 Resolution 2022-XX Page 23 of 26
Task Force that investigated the poor performance observed in 1994 Northridge Earthquake.

Having vertical reinforcement closer to the ends of masonry walls help to improve the seismic performance of masonry buildings and structures.

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.

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 Resolution 2022-XX Page 24 of 26
groups based on life safety and means of egress. This amendment is carried over from the last code adoption.

Prepared and Submitted by:
ceP
Curtis Jacobson
Fire Chief

A DARIENSIO
Jay Swardenski
Fire Marshal
Han Hat
Gary West
Building Official
Resolution 2022-XX Page 25 of 26
References:
' 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.

S 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.

Resolution 2022-XX Page 26 of 26

Fremont City CouncilNovember 1, 2022

Fremont City Council
November 1, 2022