Ordinance XX-2025 Page 1 of 3 ORDINANCE NO. XX-2025
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FREMONT REPEALING AND REPLACING CHAPTER 15.65 OF THE FREMONT
MUNICIPAL CODE TO DESIGNATE FIRE HAZARD SEVERITY ZONES
AND REESTABLISH THE WILDLAND URBAN INTERFACE FIRE AREA
IN THE CITY
WHEREAS, the State Fire Marshal is charged with the responsibility to designate areas in the state as moderate, high, or very high fire hazard severity zones based on consistent statewide criteria and the fire hazard risk expected to prevail in those areas; and WHEREAS, the Fremont Fire Department received recommendations from the State Fire Marshal in early 2025, and thereafter made the information available to the public in accordance with Government Code Section 51178.5; and
WHEREAS, local agencies are required by law to comply with the designations of the State Fire Marshall, but may, by ordinance, re-designate areas as very high fire hazard severity zones within their jurisdictions not otherwise designated as such by the State Fire Marshal pursuant to Government Code Section 51179, based on findings supported by substantial evidence in the record that the requirements of Government Code Section 51182 are necessary for effective fire protection within the area.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY FREMONT HEREBY ORDAINS AS FOLLOWS:
SECTION 1. FMC CHAPTER 15.65 REPEALED AND REPLACED
Title 15, Chapter 15.65 of the Fremont Municipal Code is hereby repealed in its entirety and is replaced by a new Chapter 15.65 to read as follows:
Sec. 15.65.010 Title
This Chapter shall be known as the “Wildland-Urban Interface Fire Area Ordinance.” Sec. 15.65.020 Purpose
This Chapter is intended to comply with the requirements of Government Code Sections 51175 – 51189, and Public Resources Code Section 4291(a), which require the City to adopt, by ordinance, the fire hazard severity zones designated by the California Department of Forestry and Fire Protection (CALFIRE), which consist of Very High, High, and Moderate designations, subject to the City’s authority to designate areas as Very High Fire Hazard Zones not otherwise designated by CALFIRE. By adopting this Chapter, the City exercises its authority pursuant to Government Code Section 51179 to reclassify areas as necessary to enable city officials to identify and implement wildfire prevention measures that slow the spread, reduce the intensity of uncontrolled fires, and protect resources, lives, and properties.
Ordinance XX-2025 Page 2 of 3 Sec. 15.65.030 Adoption of CALFIRE Recommended Fire Hazard Severity Zones The City hereby designates the Fire Hazard Severity Zones as recommended by CALFIRE in 2025 pursuant to Government Code Section 51178, as amended by this Chapter.
Sec. 15.65.040 City Designation of Very High Fire Hazard Severity Zones (a) The City hereby designates additional areas beyond those identified by the State Fire Marshal, as Very High Fire Hazard Severity Zones based on a finding supported by substantial evidence in the record that the requirements of Government Code Section 51182 are necessary for effective fire protection within the City-designated areas. These areas were previously approved by the City Council as Very High Fire Hazard Severity Zones on December 4, 2007 (Ordinance 33-2007).
(b) The designation, locations, and boundaries of the Fire Hazard Severity Zones in the City, as recommended by the State Fire Marshal and as amended by the City, are set forth on the map labeled “City of Fremont, Local Responsibility Area, Fire Hazard Severity Zones” dated June 26, 2025. Said map is hereby approved by the City Council and attached to the Ordinance as Exhibit A and incorporated herein.
(c) An official copy of the Fire Hazard Severity Zones map must be kept on file with the City Clerk’s Office, posted online on the Fire Department’s website, and shall be made available to the public at the administrative offices of the Fire Department during regular business hours.
Sec. 15.65.050 Authority to Impose More Restrictive Fire and Public Safety Requirements
Pursuant to Government Code Section 51175, neither the adoption of this Chapter nor the City’s designation of areas as Very High Fire Hazard Severity Zones shall limit or restrict the authority of the City to impose more restrictive fire and public safety requirements, including any such restrictions currently in existence and any that may be adopted in the future, as otherwise authorized by law.
SECTION 2. CEQA
The City Council finds under Title 14 of the California Code of Regulations, Section 15061(b)(3), that this ordinance 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), and it can be seen with certainty that the activity does not have the potential of causing a significant effect on the environment per CEQA Guidelines Section 15061(b)(3), each as a separate and independent basis for CEQA compliance.
SECTION 3. 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 Ordinance XX-2025 Page 3 of 3 would have adopted 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.
SECTION 4. EFFECTIVE DATE
This ordinance shall take effect and be enforced 30 days after adoption.
SECTION 5. PUBLICATION AND POSTING
The City Clerk will cause the ordinance to be posted and published in accordance with the requirements of Government Code Section 36933.
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 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
Exhibit A – Fremont Local Responsibility Area Fire Hazard Severity Zones Map