Fremont City Council Meeting: 05/06/25 07:00 PM
3300 Capitol Avenue Div/Dept: Code Enforcement
Fremont, CA 94538 Category: Code Adoptions & Amendments
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5403) DOC ID: 5403
Updated: 4/30/2025 4:44 PM by Susan Gauthier Page 1
CODE ENFORCEMENT CODE UPDATES – Consider Introduction of Ordinances Amending Chapter 8.70 of Fremont Municipal Code to Expand the Definition of a Residential Unit that Qualifies for Tenant Relocation Assistance as Defined by State Law, Amending Chapter 8.75 to Clarify Tobacco Retail License Ordinance Enforcement, and Adding Chapter 8.85 of the Fremont Municipal Code, to create an Elevated Exterior Elements Ordinance and to Consider a Finding that the Ordinances are Exempt from the Requirements of the California Environmental Quality Act (CEQA) per, Each as a Separate and Independent Basis, CEQA Guidelines Section 15061(b)(3), 15378(b)(2) and 15378(b)(5).
Contact Persons:
Name: David Wage Dan Schoenholz
Title: Code Enforcement Manager/Senior
Planner
Community Development Director
Div/Dept: Code Enforcement Community Development
Phone: 510-494-4447 510-494-4438
E-Mail: [email protected] [email protected]
Executive Summary: Staff is recommending amendments to three separate sections of the Fremont Municipal Code (FMC). The first code amendment would include an update to FMC Chapter 8.70 to expand the definition of rental unit that is entitled to tenant relocation assistance under the ordinance to be consistent with state law. The second code amendment would clarify existing language in the Tobacco Retailers Licensing (TRL) Ordinance, FMC Chapter 8.75 related to license suspensions and revocations and also update the definition of “flavored tobacco product.” The third code amendment would add a new Chapter in Title 8 (Health and Safety) to implement the requirements of two state laws (SB721 and SB326) related to required periodic inspections of exterior elevated elements (EEE) in multi-family apartment and condominium buildings.
DISCUSSION/ANALYSIS:
Tenant Relocation:
California Health & Safety Code § 17975 addresses substandard buildings. Among its requirements, property owners must pay relocation payments to a tenant where the need to relocate arises from code violations so extensive and of such nature that the immediate health and safety of the residents is endangered. In 2013, the City of Fremont (City) adopted FMC Chapter 8.70 (Tenant Relocation Assistance) to implement California Health & Safety Code § 17975, which requires landlords to pay tenants relocation costs when the rental unit is ordered to be vacated by the City due to the substandard condition of the structure.
On September 22, 2024, the California Legislature passed SB 1465, impacting the enforcement of substandard housing used for human habitation. The intent of SB 1465 was to expand enforcement powers for cities and counties to uphold community health and Council Staff Report (ID # 5403) Meeting of May 6, 2025 Updated: 4/30/2025 4:44 PM by Susan Gauthier Page 2
safety standards for all buildings used for habitation. SB 1465 amended the California Health and Safety Code to broaden the definition of substandard housing to include all buildings used for habitation (even if not intended to be housing). The change in state law expanded the definition of a rental unit that is entitled to tenant relocation. The proposed amendment to FMC Chapter 8.70 would amend and expand the definition of rental unit that is entitled to tenant relocation assistance under the ordinance to be consistent with state law.
Tobacco Retail License:
In 2019, the City adopted the Tobacco Retailers Licensing (TRL) Ordinance, codified in FMC Chapter 8.75. The TRL Ordinance ensures responsible tobacco product sales, prevents sales to minors, and helps enforce tobacco-related laws including those regarding flavored tobacco products. The proposed amendments to the TRL Ordinance include minor wording changes to clarify existing language related to license suspensions and revocations when there are documented violations. In addition, the code amendment would update the definition of “flavored tobacco product” based on tobacco industry product trends and marketing. The updated definition reflects the recommendations and best practices from public health experts.
Exterior Elevated Elements:
On September 17, 2018, Senate Bill 721 (California Health & Safety Code § 17973), the "Balcony Inspection Bill" or "Elevated Exterior Elements (EEE) Bill,” was signed into law for apartments. On August 30, 2019, Senate Bill 326 (California Civil Code § 5551) was signed into law for condominiums. The bills were a response to the tragic deaths of six UC Berkeley students in 2015 at a downtown apartment complex due to the collapse of a balcony. Both laws are intended to enhance the safety of exterior elevated elements, such as balconies, decks and stairways, by requiring regular inspections, maintenance, and repairs. The laws make local code enforcement agencies responsible for ensuring compliance.
The laws require multi-family apartment building owners and condominiums homeowner associations to hire a qualified structural or civil engineer, architect, or contractor for inspections to determine whether specific building elements are in safe and functional condition. Immediate safety issues and identified required repairs must be reported to the City. A building permit may be needed depending on the required repair or maintenance.
January 1, 2025, is the deadline for condominium buildings to complete the first EEE inspection, with subsequent inspections required every nine years. January 1, 2026, is the deadline for apartments to complete the first EEE inspection and subsequent inspections required every six years.
The proposed ordinance would amend Title 8 (Health and Safety) to implement the requirements of SB721 and SB326. The intent of the proposed EEE ordinance is to adopt requirements, processes, and timelines to ensure compliance with the laws and allow for use of administrative remedies rather than require a civil lawsuit to enforce the ordinance.
The following is a summary of the key provisions in the draft EEE ordinance:
• Require the submittal of all completed EEE inspection reports to the City to demonstrate compliance with the requirements of the laws. Alternatively, if a building is exempt from the laws, an exemption statement on a form provided by the City must be submitted;
Council Staff Report (ID # 5403) Meeting of May 6, 2025 Updated: 4/30/2025 4:44 PM by Susan Gauthier Page 3
• Establish timelines for the submittal of completed inspection reports to Code Enforcement staff;
• Establish timelines for emergency and non-emergency repairs identified in the report;
• Require submittal of a repair affidavit by a licensed contractor, engineer or architect that required repairs and maintenance were completed and the EEE are in safe condition; and
• Allow for violations of the law to be addressed by administrative remedies in Title 1 of FMC rather than filing a civil lawsuit in order enforce the state law.
FISCAL IMPACT: The code amendment related to Tobacco Retailers Licensing Ordinance is a technical update that does not significantly alter the existing tobacco retail license program and would not have a fiscal impact.
The code amendment related to the Tenant Relocation Assistance Ordinance would update the definition of rental unit that is entitled to tenant relocation assistance to be consistent with state law would not have a fiscal impact. The cost of tenant relocation is paid by the landlord.
The code amendment related to adoption of the exterior elevated elements ordinance to implement state law would not have a fiscal impact. An application fee of $280 was previously established for City staff to review SB721 and SB326 inspection reports, thereby ensuring that the General Fund does not subsidize services related to private development.
ENVIRONMENTAL REVIEW: The proposed text amendment is exempt from the requirements of 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:
• Draft Ordinance- Tenant Relocation Amendment
• Draft Ordinance- TRL Enforcement in MT
• Draft Ordinance- EEE
RECOMMENDATIONS:
1. Waive the first reading and introduce the ordinance, attached as Exhibit A, amending Chapter 8.70 (Tenant Relocation) of the Fremont Municipal Code.
2. Waive the first reading and introduce the ordinance, attached as Exhibit B, amending Chapter 8.75 (Tobacco Retailers Licensing) of the Fremont Municipal Code.
3. Waive the first reading and introduce the ordinance, attached as Exhibit C, adopting Chapter 8.85 (Exterior Elevated Elements) of the Fremont Municipal Code.
4. Find that ordinances are 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 Council Staff Report (ID # 5403) Meeting of May 6, 2025 Updated: 4/30/2025 4:44 PM by Susan Gauthier Page 4
on the environment per CEQA Guidelines Section 15601(b)(3), each as a separate and independent basis for CEQA compliance.