Agenda packet, regular meeting — Fremont City Council, September 9, 2025

City Council Chambers
3300 Capitol Avenue
Fremont, CA

Fremont City Council

Raj Salwan, Mayor
Teresa Keng, Vice Mayor
Desrie Campbell, District 2
Kathy Kimberlin, District 3
Yang Shao, District 4
Yajing Zhang, District 5
Raymond Liu, District 6

City Staff

Karena Shackelford, City Manager
Rafael E. Alvarado, Jr., City Attorney
Christina Briggs, Assistant City Manager
Brian Stott, Assistant City Manager
Allen DeMers, Deputy City Manager

Kim Beranek, Community Services Director
Geneva Bosques, Communications and
Legislative Affairs Director
Arquimides Caldera, Human Services Director
Zoraida Diaz, Fire Chief
Tina Gallegos, Human Resources Director
Susan Gauthier, City Clerk
Kelly King, Maintenance Operations Director
Hans Larsen, Public Works Director
Donovan Lazaro, Economic Development Director
David Persselin, Finance Director
Joel Pullen, Community Development Director
Sanford Taylor, Information Technology Director
Sean Washington, Chief of Police
Fremont City Council Agenda and
Report
September 09, 2025

General Order of Business

1. Preliminary
• Call to Order
• Salute to the Flag
• Roll Call
• Announcements-Mayor and/or City Manager
• Report Out of Closed Session (if applicable)

2. Consent Calendar

3. Ceremonial Items

4. Public Communications

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

6. Other Business

7. Items Referred by Councilmembers
• Council Referrals
• Appointments to Boards, Commissions,
Committees
• Legislative Actions
• Report on Committee Assignments

8. Adjournment

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 Speak – Speaker Card” card in opposition may be
added to the consent calendar. The City Attorney will
read the title of ordinances to be adopted.

Spoken Public Communications and/or
Public Comment is limited to speakers
attending the meeting in-person in
City Council Chambers.

Agenda and Report - Fremont City Council Meeting - September 09, 2025

September 9, 2025 Fremont City Council Page 2
IMPORTANT NOTICE REGARDING THE CITY COUNCIL MEETING.

The live stream of the meeting may be viewed on the City of Fremont’s website at www.Fremont.gov/Channel27, which provides a link to the live stream; or, via Comcast Channel 27. Please note at this time, Channel 27 is only available to Comcast cable subscribers. The public may also view the meeting via Zoom, or attend in-person in the Council Chamber. The lobby doors open approximately 15 minutes prior to the start of the meeting. The public is strongly encouraged but not required to wear masks.

Attending September 9, 2025, City Council meeting online via Zoom https://us06web.zoom.us/j/82477306070 Webinar ID: 824 7730 6070

Addressing the Council

Spoken Public Communications / Public Comment is limited to persons attending the Council Meeting in the City Council Chambers.

How to submit Public Communications / Public Comment by email prior to the meeting:

Send an email to [email protected] before 1:00 p.m. the day of the meeting. Please identify the agenda item number & letter, 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/letter, 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, submit the pdf formatted document(s) to the email above by the noted deadline.

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 for items on the agenda:

Attend meeting in-person in the Council Chamber, fill out a “Request to Speak – Speaker Card” with the agenda item number & letter, and submit to the City Clerk. When the Mayor calls for the item on which you wish to speak, step to the podium to address the City Council. Please limit your remarks on matters related to the agency and to the time limit allotted.

How to provide Spoken Public Comment during the meeting for items not on the agenda (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. Attend the meeting in-person in the Council Chamber and 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 may limit the time allotted for public speakers, and each speaker may only address the Council once on each agenda item.

The City Council Agendas may be accessed online: https://www.fremont.gov/government/agenda-center

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

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] at least two working days prior to the meeting for assistance.

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

September 9, 2025 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
September 09, 2025
City Council Chambers, 3300 Capitol Avenue, Building A
7:00 PM

TELECONFERENCE NOTICE

Pursuant to Government Code Section 54953(b), the following meeting will include teleconference participation by Councilmember Shao from:

Hilton Garden Inn Camden Waterfront Philadelphia
1 Penn St.

Camden, NJ 08102

1. Preliminary
A. Call to Order
B. Salute the Flag
C. Roll Call
D. Announcements-Mayor and/or City Manager
E. Report Out of Closed Session (if applicable)

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 - None.

C. 3900 THORNTON LOAN EXTENSION – Adopt a Resolution Authorizing the City Manager to Extend the Term of Existing City Loan Agreement with Thornton Affordable Housing, L.P., an affiliate of Resources for Community Development
Contact Persons:

Name: Lucia Hughes Wayne Morris
Title: Housing Manager Deputy Community Development
Director
Dept: Housing Community Development
Phone: 510-494-4506 510-494-4729
E-Mail: [email protected] [email protected]

RECOMMENDATION: Adopt a resolution authorizing the City Manager, or designee, to amend the loan agreement and other implementing documents and take such other actions as required to extend the term of the acquisition and predevelopment loan agreement to September 28, 2027.

September 9, 2025 Fremont City Council Page 4
D. AFTER SCHOOL ACADEMY MIDDLE SCHOOL PROGRAM AGREEMENT WITH FREMONT UNIFIED SCHOOL DISTRICT - Authorize the City Manager, or her designee, to execute an agreement with the Fremont Unified School District to operate the After School Academy Program at five middle school sites in support of the Expanded Learning Opportunities Program (ELO-P) for the 2025–2026 school year
Contact Persons:

Name: Raquel Christopher Michael Sa
Title: Recreation Manager Deputy Director of Community
Services
Dept: Community Services Community Services
Phone: (510) 494-4349 510-494-4372
E-Mail: [email protected] [email protected]

RECOMMENDATION: Authorize the City Manager, or designee, to execute a one-year agreement with the Fremont Unified School District, with the option to extend the agreement for four additional one-year terms, to operate the After School Academy program at five middle school sites: Walters, Thornton, Centerville, Hopkins, and Horner, for the 2025-2026 school year, in alignment with the District’s Expanded Learning Opportunities Program (ELO-P) requirements.

E. AWARD CONSTRUCTION CONTRACT FOR CENTRAL PARK DOG PARK SYNTHETIC TURF REPLACEMENT (PWC9099) - Approve the Plans and Specifications for the Central Park Dog Park Synthetic Turf Replacement Project; award a construction contract to Heavenly Construction Inc. DBA Heavenly Greens for the amount of $506,020, plus a 15% construction contingency of $75,903 for a total construction contract amount of $581,923; and find that the project is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities).

Contact Persons:

Name: Eva Lee Kim Beranek
Title: Landscape Designer II Community Services Director Dept: Landscape Architecture Community Services
Phone: 510-494-4776 510-494-4330
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Approve the Plans and Specifications for the Central Park Dog Park Synthetic Turf Replacement Project (PWC9099).

2. Reject the bid protest submitted by Prado’s Landscaping, dated July 15, 2025.

3. Accept the bid, award a construction contract, and authorize the City Manager, or designee, to execute all construction-related agreements with the lowest responsive and responsible bidder, Heavenly Greens, in the amount of $506,020, plus a 15% contingency of $75,903, for a total construction contract amount of $581,923.

4. Find that the project is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities).

September 9, 2025 Fremont City Council Page 5
F. TASK ORDER HSD-22 TO FUSD JOINT POWERS AGREEMENT - Authorization to Execute a Task Order to the Joint Powers Agreement with Fremont Unified School District. Task Order HSD-22 for the Provision of Mental Health Services at Two Fremont Unified School District School Wellness Centers for the FY 25-26 School Year and Make Findings of CEQA Exemption.

Contact Persons:

Name: Annie Bailey Arquimides Caldera
Title: Youth and Family Services
Administrator
Human Services Director
Dept: Human Services Department Human Services Department Phone: 510-574-2111 510-574-2056
E-Mail: [email protected] [email protected]

RECOMMENDATION: Authorize the City Manager, or designee, to execute Task Order HSD-22 to the Joint Powers Agreement with Fremont Unified School District, in an amount not to exceed $266,590, for the Youth and Family Services Division of the Human Services Department to provide school-based wellness center mental health services for the 2025-2026 school year and to make findings of CEQA exemption.

3. Ceremonial Items - None.

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. BOND REISSUANCE FOR PACIFIC WEST COMMUNITIES, INC. - Public Hearing (Published Notice) in Accordance with the Tax Equity and Fiscal Responsibility Act (TEFRA) to Consider and Approve the Reissuance of Tax- Exempt Bonds by California Municipal Finance Authority (CMFA) for Fremont Pacific Associates, LP. (Osgood Apartments)
Contact Persons:

Name: Lauren Chu David Persselin
Title: Management Analyst Finance Director
Dept: Finance Department Finance Department
Phone: (510) 494-4635 510-494-4631
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Hold a public hearing in accordance with the TEFRA;

2. Adopt a Resolution Approving the Reissuance of Multifamily Housing Revenue Bonds by the California Municipal Finance Authority for the purpose of financing an affordable housing project in the City of Fremont to be developed by Fremont Pacific Associates, LP.

September 9, 2025 Fremont City Council Page 6
B. 2025 CALIFORNIA BUILDING STANDARDS CODES ADOPTION – Public Hearing (Published Notice) to Introduce and Consider Ordinances Adopting the 2025 California Fire Code and 2025 Wildland Urban Interface Code with Local Amendments, Adopt Resolution of Findings, and Make Conforming Amendments to Various Chapters of Fremont Municipal Code Title 15 (BUILDINGS AND CONSTRUCTION)
Contact Persons:

Name: Eric Govan Zoraida Diaz
Title: Fire Marshal Fire Chief
Dept: Fire Department Fire Department
Phone: 510-494-4200 510-494-4200
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Conduct a first public hearing.

2. Introduce an ordinance repealing and replacing Chapter 15.35 of the Fremont Municipal Code to adopt the 2025 California Fire Code by reference with local amendments.

3. Introduce an ordinance adding Chapter 15.66 to the Fremont Municipal Code to adopt the 2025 California Wildland Urban Interface Code by reference with local amendments.

4. Adopt a resolution setting forth findings as to local conditions applicable to the proposed amendments to the 2025 California Fire Code and the 2025 California Wildland Urban Interface Code.

5. As required by state law on adopting such codes by reference, schedule a public hearing on September 16, 2025 to adopt the two ordinances.

6. Find that the action is exempt from CEQA review, per, without limitation, CEQA Guidelines Section 15378(b) in that the proposed action constitutes organizational and administrative activities of government and is not a “project” which will result in direct or indirect physical changes in the environment; Section 15061(b)(3) because there is no possibility the activity will have a significant effect on the environment; Section 15268 in that approval of the local legislation constitutes a ministerial action required by California law; and Section 15308 as the proposed action involves regulatory procedures for protection of the environment.

6. Other Business - None.

September 9, 2025 Fremont City Council Page 7

7. Items Referred by Councilmembers
A. Councilmember Referrals - None.

B. Appointments to Boards, Commissions, Committees

1. MAYOR SALWAN REFERRAL: Appointments to Advisory Bodies Contact Persons:

Name: Raj Salwan
Title: Mayor
Dept: City Council
Phone: 510-284-4082
E-Mail: [email protected]

APPOINTMENTS:

Advisory Body Appointee Term Expires

George W. Patterson House Advisory Board Maggie Balk 12/31/2025 Mission Peak Heritage Foundation
Representative

Recreation Commission Rick Jones 12/31/2028

RECOMMENDATION: Approve appointments.

C. Legislative Actions - None.

D. Report on Committee Assignments

8. Adjournment
September 9, 2025 Fremont City Council Page 8

September 9, 2025 Fremont City Council Page 9

ACRONYMS

ABAG Association of Bay Area Governments HARB Historical Architectural Review Board ACE Altamont Commuter Express HBA Home Builders Association ACFCD Alameda County Flood Control District HCD Housing and Community ACTC Alameda County Transportation
Commission

HRC
Development (State)
Human Relations Commission
HCD Housing and Community
ACWD Alameda County Water District ICMA

JPA
International City/County Management
Association
Joint Powers Authority
ARB Art Review Board
BAAQMD

BART
Bay Area Air Quality Management
District
Bay Area Rapid Transit District
LLMD Lighting and Landscaping Maintenance
District
LOCC League of California Cities
BCDC Bay Conservation & Development
Commission
LOS
MET
Level of Service
Mobile Evaluation Team
BMPs Best Management Practices MOU Memorandum of Understanding BMR Below Market Rate MTC Metropolitan Transportation
CALPERS California Public Employees’ Retirement
System
MTC Metropolitan Transportation
Commission
CBC California Building Code NRSRO Nationally Recognized Statistical Rating Organization
CDD Community Development Department NEPA National Environmental Policy Act CC & R’s Covenants, Conditions & Restrictions NLC National League of Cities CDBG
CEQA
Community Development Block Grant
California Environmental Quality Act
NPDES National Pollutant Discharge Elimination
System
CERT Community Emergency Response Team NPO Neighborhood Preservation Ordinance CIP Capital Improvement Program PC Planning Commission
CNG Compressed Natural Gas PD Planned District
COF City of Fremont PDA Priority Development Area
COPPS Community Oriented Policing and Public
Safety
PUC
PVAW
Public Utilities Commission
Private Vehicle Accessway
CSAC California State Association of Counties PWC Public Works Contract CTC California Transportation Commission RFP Request for Proposals dB Decibel RFQ Request for Qualifications
DEIR Draft Environmental Impact Report RHNA Regional Housing Needs Allocation DU/AC Dwelling Units per Acre ROP Regional Occupational Program EBCE East Bay Community Energy 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)
STIP State Transportation Improvement
Program
EIR Environmental Impact Report (CEQA) TCRDF Tri-Cities Recycling and Disposal Facility EIS Environmental Impact Statement TOD Transit Oriented Development

EVAW
(NEPA)
Emergency Vehicle Accessway
TS/MRF Transfer Station/Materials Recovery
Facility
FAR Floor Area Ratio UBC See CBC
FEMA Federal Emergency Management Agency VMT Vehicle Miles Travelled FFD Fremont Fire Department VTA Santa Clara Valley Transportation FMC Fremont Municipal Code Authority
FPD Fremont Police Department WMA Waste Management Authority FRC Family Resource Center ZA Zoning Administrator
FUSD Fremont Unified School District ZTA Zoning Text Amendment GIS Geographic Information System
GPA General Plan Amendment

September 9, 2025 Fremont City Council Page 10

UPCOMING MEETING AND CHANNEL 27

BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 September 9, 2025 7:00 p.m. City Council Meeting Council Chambers Live
September 16, 2025 7:00 p.m. City Council Meeting Council Chambers Live
Monday,
September 22, 2025 5:30 p.m. CC/FUSD Liaison
Committee Meeting City Hosts Live
September 30, 2025 No meeting (5th Tuesday)
Monday,
October 6, 2025 5:30 p.m. CC/FUSD Joint Meeting City Hosts Live October 7, 2025 7:00 p.m. City Council Meeting Council
Chambers Live
October 14, 2025 7:00 p.m. City Council Meeting Council Chambers Live
October 21, 2025 7:00 p.m. City Council Meeting Council Chambers Live
October 28, 2025 No meetings
November 4, 2025 7:00 p.m. City Council Meeting Council Chambers Live
November 11, 2025 CANCELLED: City Council
Meeting (Observed Holiday)
November 18, 2025 7:00 p.m. City Council Meeting Council Chambers Live
November 25, 2025 5:30 p.m. CC/FUSD Liaison
Committee Meeting
District
Hosts Live
December 2, 2025 7:00 p.m. City Council Meeting Council Chambers Live
December 9, 2025 7:00 p.m. City Council Meeting Council Chambers Live
December 16, 2025 7:00 p.m. City Council Meeting Council Chambers Live
December 23, 2025 No meetings
December 30, 2025 No meetings (5th Tuesday)

Fremont City Council Meeting: 09/09/25 07:00 PM
3300 Capitol Avenue Div/Dept: Housing
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5512) DOC ID: 5512
Updated: 9/4/2025 8:49 AM by Dina Lewis Page 1
3900 THORNTON LOAN EXTENSION – Adopt a Resolution Authorizing the City Manager to Extend the Term of Existing City Loan Agreement with Thornton Affordable Housing, L.P., an affiliate of Resources for Community Development Contact Persons:

Name: Lucia Hughes Wayne Morris
Title: Housing Manager Deputy Community Development
Director
Div/Dept: Housing Community Development
Phone: 510-494-4506 510-494-4729
E-Mail: [email protected] [email protected]

Executive Summary: Resources for Community Development (RCD) currently manages the development of 3900 Thornton affordable housing project located at 3900 Thornton Avenue owned by its affiliate Thornton Affordable Housing L.P. (the borrower). The City received a request from RCD to extend the term on the acquisition and pre-development loan agreement with the City to allow for additional time to secure sufficient financing for the project to start construction.

BACKGROUND: On November 2, 2021, as part of the Notice of Funding Availability (NOFA) process, the City Council approved an acquisition and pre-development loan of $7,600,000 to RCD for the 3900 Thornton affordable housing project. The initial loan term expired on April 1, 2025, the latest start date for construction. The loan agreement provided for one extension option of 180 days, which the City granted, and extended the loan to September 28, 2025, by an operating memorandum. Due to continuing funding challenges, RCD needs to further extend the City loan, which cannot be granted administratively. Staff is seeking Council approval to extend the loan term to September 28, 2027.

DISCUSSION/ANALYSIS: The predevelopment period for the project has been prolonged because of the extremely competitive nature of the state’s tax-exempt bond market. While the project has been awarded City funding, as well as State Affordable Housing and Sustainable Communities (AHSC) funding, construction cannot start until additional financing in the form of tax-exempt bonds and 4% tax credits are allocated to the project.

Despite four applications for tax-exempt bonds, two in 2024 and two in 2025, none have been successful. In both 2024 rounds and both 2025 rounds, less than 40% of the bond volume requested statewide was awarded. In 2024, only 22% of the bond volume requested for projects in the Bay Area was awarded, dropping to only 7% in Round I 2025.

RCD continues to position the project as competitively as possible by reducing project costs by 10% through value engineering and leveraging additional funds with a HUD 811 Project Rental Assistance award. In addition, in April 2025, RCD revised the unit mix for the project to qualify as “Large Family” housing, to take advantage of Fremont’s designation as a high resource area, which substantially improved the likelihood that the project would receive a tax-exempt bond allocation. The change to qualify the project for “Large Family” housing necessitated the reduction of the total number of apartments from 128 (originally proposed) to 116 and commensurately increasing the number of bedrooms from 188 to 207.

2.C
Packet Pg. 11
Council Staff Report (ID # 5512) Meeting of September 9, 2025 Updated: 9/4/2025 8:49 AM by Dina Lewis Page 2

Despite these efforts, they were not awarded funding in the May 2025 round. RCD will apply again in the next tax-exempt bond application round scheduled for September 2025. With the enhancements to the housing tax credits that came with the recent passage of the Fiscal Year 2025 Reconciliation Bill, RCD is optimistic that their application will be successful.

If awarded, the 116-unit affordable development could start construction in spring of 2026.

RCD is an experienced affordable housing developer. 3900 Thornton is RCD’s second affordable housing project in the city. RCD recently held a grand opening celebration for Bell Street Gardens, a 128-unit affordable housing development located at 38889 Bell Street. Staff has completed the review of the documents necessary for the borrower to demonstrate that it satisfies the conditions for the loan extension, including but not limited to, a certification of no default, an updated schedule of performance, and a statement from RCD that there is no adverse change in the financial condition of the borrower.

Staff is recommending an additional two-year loan extension for this project with a new expiration date of September 28, 2027, to allow for unforeseen delays to start construction.

FISCAL IMPACT: Predevelopment loans for affordable housing projects are typically extended and combined with additional City financial assistance at construction loan closing, in the form of a 55-year loan at a rate of 3% simple interest. On November 2, 2021, the City Council approved $7,600,000 to finance the predevelopment costs of the project. Once RCD can demonstrate project readiness for construction, staff will return to Council for the appropriation of the construction loan of $9,676,908 for a total of $17,276,908. There is sufficient funding in the Affordable Housing Ordinance Fund (Fund 196) for this appropriation.

ENVIRONMENTAL REVIEW: The City’s approval of the extension of loan term is exempt from the California Environmental Quality Act (CEQA) pursuant to, without limitation CEQA Guidelines Section 15061(b)(3) and/or 15378(b)(2), (4) and/or (5), each as a separate and independent basis. The action is a governmental fiscal or administrative action which will have no potential to adversely affect the environment, directly or indirectly. Furthermore, the proposed project was previously found to meet the criteria in Government Code Section 65913.4, amended via Senate Bill 35, thereby making it ministerially exempt from the requirements of CEQA.

ATTACHMENTS: None.

ATTACHMENTS:
• Draft Resolution Resources for Community Development Loan Extension

2.C
Packet Pg. 12
Resolution 2025-XX Page 1 of 2
RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FREMONT AUTHORIZING THE CITY MANAGER TO EXTEND THE

TERM OF EXISTING CITY LOAN AGREEMENT WITH THORNTON
AFFORDABLE HOUSING, L.P., AN AFFILIATE OF RESOURCES

FOR COMMUNITY DEVELOPMENT
WHEREAS, on November 2, 2021, as part of the Notice of Funding Availability (NOFA) process, the City Council approved an acquisition and pre-development loan of $7,600,000 to Resources for Community Development (“RCD”) for the 3900 Thornton affordable housing project; and

WHEREAS, the initial loan term expired on April 1, 2025, the latest anticipated start date for construction, and the City extended the loan agreement for 180 days by operating memorandum, as allowed per the terms of the agreement; and

WHEREAS, in addition to City funding, the project received State Affordable Housing and Sustainable Communities (“AHSC”) funding, but construction cannot start until additional financing is allocated to the project in the form of tax-exempt bonds and 4% tax credits; and

WHEREAS, RCD submitted four applications for tax-exempt bonds, two in 2024 and two in 2025, that were unsuccessful because of the extremely competitive nature of the State’s bond market; and

WHEREAS, due to these continuing funding challenges, RCD has requested to further extend the City loan, which cannot be granted administratively; and

WHEREAS, RCD continues to position the project as competitively as possible by reducing project costs, leveraging additional funds with a HUD 811 Project Rental Assistance award, and revising the unit mix to qualify as “Large Family” housing to take advantage of Fremont’s designation as a high resource area; and

WHEREAS, the borrower has submitted, and staff has reviewed, the documentation necessary to demonstrate that conditions for the loan extension are satisfied, including but not limited to, a certification of no default, an updated schedule of performance and RCD’s statement that there is no adverse change in the financial condition of the borrower; and

WHEREAS, staff recommends an additional two-year loan extension for this project, with a new expiration date of September 28, 2027, to allow for unforeseen delays to the start of construction.

2.C.a
Packet Pg. 13
Attachment: Draft Resolution Resources for Community Development Loan Extension (5512 : 3900 Thornton Loan Extension) Resolution 2025-XX Page 2 of 2

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF FREMONT HEREBY:

1. Authorizes the City Manager or designee to amend the loan agreement and other implementing documents, and take such other actions as required to extend the term of the existing City acquisition and pre-development loan with Thorton Affordable Housing, L.P., to September 28, 2027; and

2. Finds this action to be exempt from the California Environmental Quality Act (“CEQA”) pursuant to, without limitation, CEQA Guidelines Section 15061(b)(3) and/or 15378(b)(2), (4) and/or (5), and Section 15262 Feasibility and Planning Studies, each as a separate and independent basis, in that it is a governmental fiscal or administrative action which will have no potential to impact the environment, directly or indirectly; and furthermore, the proposed project was previously found to meet the criteria in Government Code Section 65913.4, amended via Senate Bill 35, thereby making it ministerially exempt from the requirements of CEQA.

ADOPTED , 2025, 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

2.C.a
Packet Pg. 14
Attachment: Draft Resolution Resources for Community Development Loan Extension (5512 : 3900 Thornton Loan Extension) Fremont City Council Meeting: 09/09/25 07:00 PM
3300 Capitol Avenue Div/Dept: Community Services
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5513) DOC ID: 5513 A
Updated: 9/4/2025 9:35 AM by Dina Lewis A Page 1

AFTER SCHOOL ACADEMY MIDDLE SCHOOL PROGRAM AGREEMENT WITH FREMONT UNIFIED SCHOOL DISTRICT - Authorize the City Manager, or her designee, to execute an agreement with the Fremont Unified School District to operate the After School Academy Program at five middle school sites in support of the Expanded Learning Opportunities Program (ELO-P) for the 2025–2026 school year
Contact Persons:

Name: Raquel Christopher Michael Sa
Title: Recreation Manager Deputy Director of Community
Services
Div/Dept: Community Services Community Services
Phone: (510) 494-4349 510-494-4372
E-Mail: [email protected] [email protected]

Executive Summary: In response to Fremont Unified School District’s (FUSD) Request for Proposal (RFP No. 466-01-24-25) seeking qualified providers for middle school after school programming, the City of Fremont, Community Services Department, submitted a proposal to operate the After School Academy program at five middle school sites: Walters, Thornton, Centerville, Hopkins, and Horner.

Following a competitive bid process, the City of Fremont was selected as the recommended provider. The After School Academy program will support the District’s Expanded Learning Opportunities Program (ELO-P) requirements by offering high-quality, after school enrichment for eligible middle school students, aligned with State priorities and local needs.

Staff recommends the City Council authorize the City Manager, or her designee, to enter into an agreement with Fremont Unified School District to implement the After School Academy program at the five identified middle school sites for the 2025-2026 school year.

BACKGROUND: The After School Academy (ASA) Program has long been a collaborative effort between the City of Fremont and the Fremont Unified School District (FUSD) to provide safe, inclusive, and enriching after school experiences for Fremont students at three elementary sites (Brier, Cabrillo and Grimmer). In 2024, FUSD issued RFP No. 466-01-24-25 seeking qualified providers to expand after school services to five middle school sites as part of the District’s Expanded Learning Opportunities Program (ELO-P). The City of Fremont, Community Services Department, responded to this RFP with a comprehensive proposal, building on years of successful partnership and alignment with FUSD’s goals.

The ASA Program is designed to support academic achievement, life skills development, enrichment, and social-emotional growth during out-of-school time. The City currently operates ASA at multiple elementary sites and was selected to expand its services to Walters, Thornton, Centerville, Hopkins, and Horner Middle Schools beginning in the 2025-2026 school year.

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DISCUSSION/ANALYSIS: The ASA Program expansion to middle schools reflects a deepened commitment by the City of Fremont and FUSD to ensure that all students, up to eighth grade, have access to quality after school care. The City’s proposal includes structured programming aligned with ELO-P priorities, including:

• Academic support and homework help.
• Enrichment activities such as STEM, arts, leadership development, and career exploration.
• Life skills training, including conflict resolution and communication. • Physical and mental wellness components, including recreational sports and mindfulness.
• Family engagement, including events, workshops, and regular communication.

Programs will operate Monday through Friday from school dismissal to 6:00 PM, with enhanced offerings during school breaks via the City’s Recreation Enrichment Program.

The City will maintain a 1:20 staff-to-student ratio, and all staff will meet qualifications, including CPR/First Aid certification, background checks, and ongoing professional development in youth development, equity, and inclusion.

FUSD will provide the facilities, janitorial services, and student nutrition through its existing infrastructure, while the City will manage staffing, programming, and administration. As a municipal government, the City of Fremont is license-exempt and commits to operating all programs as if licensed, following Community Care Licensing standards for safety and compliance.

FISCAL IMPACT: Under this proposed agreement, Fremont Unified School District will reimburse the City $880,973.50 for the 2025/26 school year Middle School After School Program at five sites for initial staffing for up to 40 students at a ratio of one staff member to 20 students. Funding will provide approximately $176,194.70 annually per location. This amount includes:

• Full-Time Staffing: $173,930 to pay for one existing Recreation Supervisor I overseeing all five sites.
• Admin Costs: $100,492 covering annual admin wages and 1st year set-up costs. • Per Site Costs: $74,310.30 for part-time staffing (First 40 Students), $22,000 for supplies (First 20 students), and $25,000 for contractors per site. • Additional Students Above minimums per Site: Approximately $19,000 per staff for every 20 students above the minimum of 40, and $350 per additional student for supplies above the minimum of 20.

The program is designed to be cost-neutral to the City, with operational costs fully reimbursed by FUSD through its ELO-P budget. Students who qualify for ELO-P funding will attend at no cost; others may be charged a program fee based on cost to run the program.

ENVIRONMENTAL REVIEW: The proposed agreement amendment 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 there is no possibility that the activity in question

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may have a significant effect on the environment, the activity is not subject to CEQA.

Providing after-school services to children in existing facilities will clearly not have a significant effect on the environment and, thus, CEQA does not apply, and no further environmental review is necessary.

ATTACHMENTS: None.

LINKS: None.

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Fremont City Council Meeting: 09/09/25 07:00 PM
3300 Capitol Avenue Div/Dept: Landscape Architecture
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5519) DOC ID: 5519
Updated: 9/4/2025 9:49 AM by Dina Lewis Page 1

AWARD CONSTRUCTION CONTRACT FOR CENTRAL PARK DOG PARK
SYNTHETIC TURF REPLACEMENT (PWC9099) - Approve the Plans and Specifications for the Central Park Dog Park Synthetic Turf Replacement Project; award a construction contract to Heavenly Construction Inc. DBA Heavenly Greens for the amount of $506,020, plus a 15% construction contingency of $75,903 for a total construction contract amount of $581,923; and find that the project is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities).

Contact Persons:

Name: Eva Lee Kim Beranek
Title: Landscape Designer II Community Services Director Div/Dept: Landscape Architecture Community Services
Phone: 510-494-4776 510-494-4330
E-Mail: [email protected] [email protected]

Executive Summary: Staff recommends that the City Council approve the Plans and Specifications for the Central Park Dog Park Synthetic Turf Replacement Project (PWC9099), and award and execute a construction contract to Heavenly Greens in the amount of $506,020, plus a 15% construction contingency of $75,903, for a total construction contract amount of $581,923.

BACKGROUND: The Central Park Dog Park was reconstructed by BART in 2009 as part of the Warm Springs Extension Project to mitigate the impacts to park facilities affected by their work within Central Park. In accordance with the agreement with BART, the City completed the project by installing synthetic turf in the large dog play area, along with other site amenities.

The existing synthetic turf, composed primarily of polyethylene and nylon materials, has experienced significant wear and tear over the years due to constant use, prolonged sun exposure, dog urine, and digging activity. Synthetic turf in high-use areas, such as dog parks, typically requires replacement every 10 years. As such, the need for resurfacing is overdue.

The proposed project includes the removal of the existing synthetic turf, application of an odor-neutralizing treatment to the existing subbase rock, recompacting and leveling of the subbase, and installation of new synthetic turf across the large dog play area. These improvements will enhance the usability of the facility and help reduce ongoing repair and maintenance costs.

DISCUSSION/ANALYSIS: The Central Park Dog Park Synthetic Turf Replacement Project was first advertised for bid on May 27, 2025, and the City received four bids on June 12, 2025. The lowest bid, in the amount of $538,899, was submitted by Prado’s Landscaping, which was approximately 4.5% below the Engineer’s estimate of $564,500.

However, Prado’s Landscaping did not provide a complete Bid Bond, rendering their bid non- responsive. The next lowest bid was approximately 20% above the Engineer’s estimate. Due

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to insufficient funds to award and manage the project within budget, staff rejected all bids and re-advertised the project for bid.

The project was re-advertised for bid on June 24, 2025, and the City received six bids on July 9, 2025. The lowest responsive and responsible bidder was submitted by Heavenly Greens, in the amount of $506,020, which is approximately 10% below the Engineer’s estimate of $564,500. All bidders and their respective bid amounts are listed below:

Bidder Bid Amount
Heavenly Greens $506,020
Galeb Paving $530,000
Prado’s Landscaping $538,899
CWS Construction Group $635,050
Era Construction $640,000
QLM $670,700

The apparent low bidder, Heavenly Greens, is a responsible bidder experienced in this type of work. Their bid is responsive, and all bid documents are in order.

Bid Protest: On July 15, 2025, Prado’s Landscaping submitted a written protest regarding Heavenly Greens’ bid for the Central Park Dog Park Synthetic Turf Replacement Project. The protest claimed that the proposed turf product did not meet the City’s specifications and raised concerns about transparency, as Prado’s Landscaping was unable to obtain the product specifications directly from Heavenly Greens.

Staff has reviewed the bid protest and finds the protest is without merit. Staff concluded that Heavenly Greens’ bid is responsive and in compliance with the Project specifications.

While a clerical inconsistency exists in the bid documents, the intent of the specifications is clarified elsewhere. The bid specifications explicitly list Heavenly Greens’ proposed product as acceptable and further product specifications are not necessary. Staff’s conclusion is outlined in Informational Attachment 1 (City’s response letter dated August 18, 2025).

In addition, the bid documents also outlined procedures for bidders to request clarification of inconsistencies prior to the bid deadline; Prado’s Landscaping did not submit such a request. Bidders are not required to share proprietary product information with competitors, and staff has not found any violation of transparency or bidding procedures by Heavenly Greens. Consequently, staff recommends that the City Council deny the bid protest.

Project Costs and Funding:

1. Total funds appropriated to the project
Fund 501 Capital Replacement for Parks (PWC 9099) $826,000

2. Project Staff Expenses to date (as of 8/18/2025) $58,000

Approximate Funding Remaining $768,000

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3. Planned Expenditures
• Construction (rounded) $506,020
• 15% Contingency $75,903
• Project Management, Inspection and Administration (estimated) $124,000

Estimated Balance after Project Closeout $62,077
FISCAL IMPACT: The Central Park Dog Park Synthetic Turf Replacement Project will be funded from the Capital Replacement for Parks (PWC9099-501) project in the Capital Improvement Fund (Fund 501). This funding will cover all associated costs, including construction, a 15% contingency, construction management, inspections, and administrative expenses. Any available funds remaining after project closeout will be returned to the Capital Improvement Fund (Fund 501) for allocation to other capital projects.

ENVIRONMENTAL REVIEW: Environmental review under the California Environmental Quality Act (CEQA) is not required for the Central Park Dog Park Synthetic Turf Replacement Project, as the scope of work is exempt from the requirements of CEQA, per CEQA Guidelines Section 15301(existing facilities), because the project involves only replacement of degraded material and does not involve expansion of an existing use. The project will not involve any changes to the physical configuration of the Dog Park or the surroundings and will not result in any new or increased environmental impacts.

LINKS: Plans and Specifications for this project are available for review on the City of Fremont web site at: http://www.fremont.gov/government/departments/parks-planning- design/design-projects/dog-park

ATTACHMENTS:
• Prado's Bid Protest Response 25_0818

RECOMMENDATIONS:

1. Approve the Plans and Specifications for the Central Park Dog Park Synthetic Turf Replacement Project (PWC9099).

2. Reject the bid protest submitted by Prado’s Landscaping, dated July 15, 2025.

4. Find that the project is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities).

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Recreation Environmental Services Landscape Architecture Parks and Urban Forestry 510 494-4300 / 510 494-4753 fax 510 494-4570 / 510 494-4571 fax 510 494-4700 / 510 494-4721 fax 510 979-5700 / 510 979-5708 fax

August 18, 2025

Jorge Prado
Prado’s Landscaping
P.O. Box 10055
American Canyon, CA 94503

Re: Bid Protest: Central Park Dog Park Synthetic Turf Replacement - Rebid (Bid# 26-004; PWC9099)

Dear Mr. Prado:

On behalf of the City of Fremont (“City”), this letter responds to the bid protest submitted by Prado’s Landscaping on July 15, 2025, regarding the Central Park Dog Park Synthetic Turf Replacement - Rebid (Bid# 26-004; PWC9099) (hereinafter “Project”).

The City solicited competitive bids for the Project on June 24, 2025. On July 9, 2025, the City opened the six received bids. The apparent low bidder was Heavenly Construction Inc. dba Heavenly Greens (hereinafter “Heavenly Greens”), with a bid of $506,020.

On July 15, 2025, Prado’s Landscaping submitted a written protest asserting that HG-Heavenly Pet – Ruff Edition, the synthetic turf proposed by Heavenly Greens, did not meet the City’s specifications for the Project (hereinafter “Protest”). Specifically, the Protest cited the following concerns regarding HG-Heavenly Pet – Ruff Edition:
• The product contains an antimicrobial additive rather than an antimicrobial agent; • The product is tufted, not knitted;
• There has been a lack of transparency, as Prado’s Landscaping was unable to obtain the product specifications directly from Heavenly Greens.

City staff has reviewed the Protest thoroughly in consultation with the City Attorney’s Office and has determined that Heavenly Greens’ bid is responsive and meets the Project specifications.

Under Section 32 18 13, Part 2 Products, 2.01-B of the specifications, it is stated that the product should contain an antimicrobial additive and be a tufted product, both of which align with the product specifications of HG-Heavenly Pet – Ruff Edition.

City staff acknowledges a clerical inconsistency in the City’s bid specifications under Section 32 18 13, Part 1 General, 1.01-A Paragraph 2, which states: “Product shall be a knitted or tufted synthetic grass product (not tufted)”. Although the phrasing is contradictory, the intent of the bid is clarified later in the same section under Part 2 Products, 2.01-B, where the HG-Heavenly Pet – Ruff Edition by Heavenly Greens is specifically listed as an acceptable product.

Additionally, under Paragraph 3, “Questions and Request for Information or Clarification” in the Instructions to Bidders, bidders were encouraged to request clarification if they found any Community Services Department
P.O. Box 5006, Fremont, CA 94537-5006
www.fremont.gov

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Attachment: Prado's Bid Protest Response 25_0818 (5519 : CENTRAL PARK DOG PARK SYNTHETIC TURF REPLACEMENT) Recreation Environmental Services Landscape Architecture Parks and Urban Forestry 510 494-4300 / 510 494-4753 fax 510 494-4570 / 510 494-4571 fax 510 494-4700 / 510 494-4721 fax 510 979-5700 / 510 979-5708 fax inconsistency or ambiguity in the Contract Documents prior to the bid deadline. Prado’s Landscaping did not submit such a request.

Lastly, bidders are not required to share proprietary product information with competing bidders.

City staff has not found any violation of transparency or bidding procedures on the part of Heavenly Greens.

Based on this review, City staff has determined that the apparent low bidder’s bid is responsive and will recommend to City Council to reject your bid protest. We appreciate your interest in this project and look forward to other opportunities to work with you in the future.

Sincerely,

Eva Lee
Landscape Designer

CC: Bronwen Lacey, Senior Deputy City Attorney
Tara Bhuthimethee, Parks Planning and Design Manager
Janice Beccera, Buyer

Enclosure: Prado’s Landscaping Protest Letter, dated 7/15/2025

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Attachment: Prado's Bid Protest Response 25_0818 (5519 : CENTRAL PARK DOG PARK SYNTHETIC TURF REPLACEMENT) Fremont City Council Meeting: 09/09/25 07:00 PM
3300 Capitol Avenue Div/Dept: Human Services Department Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5520) DOC ID: 5520
Updated: 9/5/2025 3:51 PM by Susan Gauthier Page 1
TASK ORDER HSD-22 TO FUSD JOINT POWERS AGREEMENT - Authorization to Execute a Task Order to the Joint Powers Agreement with Fremont Unified School District. Task Order HSD-22 for the Provision of Mental Health Services at Two Fremont Unified School District School Wellness Centers for the FY 25-26 School Year and Make Findings of CEQA Exemption.

Contact Persons:

Name: Annie Bailey Arquimides Caldera
Title: Youth and Family Services
Administrator
Human Services Director
Div/Dept: Human Services Department Human Services Department Phone: 510-574-2111 510-574-2056
E-Mail: [email protected] [email protected]

Executive Summary: Fremont Unified School District (FUSD) has requested the City’s Youth and Family Services (YFS) Division of the Human Services Department (HSD) to continue its partnership with FUSD to provide mental health services at wellness centers located at FUSD middle and high schools.

The purpose of this report is to recommend that the City Council approve and authorize the City Manager to execute a FY 2025/26 Task Order (HSD-22) with FUSD, for YFS to provide mental health services, in the amount of $266,590, under the existing Joint Powers Agreement (JPA) between the City and FUSD.

BACKGROUND: For many years, the YFS has provided a variety of behavioral healthcare (mental health and substance use counseling), youth diversion and family support services to FUSD. The City and FUSD have an existing JPA under which YFS provides these services through individual implementing Task Orders.

To address the increasing and ongoing need of students for mental health services, FUSD created a wellness center on each high school campus and some middle school campuses several years ago. Wellness centers are an innovative approach to dealing with issues of student stress and anxiety. They offer overwhelmed students a warm and friendly place to relax and refocus, practice healthy coping mechanisms, or talk to a mental health provider.

Wellness centers may also reduce the need for intensive care and may help to prevent emerging crisis situations by providing screening, as well as individual and group counseling to prevent and intervene early.

In FY 2024/25, YFS provided staff for the 2024-2025 school year at the wellness centers located at Washington High School and Walters Middle School. FUSD has requested that YFS continue services at these two wellness centers for the 2025-2026 school year.

DISCUSSION/ANALYSIS: The provision of on-campus mental health services at middle and high school wellness centers gives YFS/HSD a unique opportunity to increase the number of students served each year and provide a more consistent and integrated service

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delivery model, which will result in positive mental health and academic outcomes for students.

Under Task Order No. HSD-22, in FY 2025/26, YFS will provide:

• Individual and group mental health services;
• Collateral services, including family engagement, and staff consultation; • Crisis intervention and consultation for identified students, as needed; • Participation in Coordination of Services (COS) Team meetings, Student Study Teams, 504 Plans, and Individualized Education Plan (IEP) meetings; • Development of student care plans; and
• Close collaboration with FUSD school site outreach coordinators.

FISCAL IMPACT: The proposed approval of Task Order HSD-22 has no fiscal impact on the General Fund. Under Task Order HSD-22, the City will receive $266,590 in funding, which will cover the cost of compensating two temporary, 0.75 FTE post-graduate counseling associates to work 40 hours per week during the school year, and a 0.30 FTE clinical supervisor to provide the legally required supervision and oversight. Task Order HSD-22 will also cover information technology services, auto, insurance, and overhead costs associated with providing the services. As part of the FY 2025/26 Adopted Operating Budget, the City Council appropriated sufficient funding for these services.

ENVIRONMENTAL REVIEW: Approval of Task Order HSD-22 is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” under CEQA Guidelines sections 15378(b)(2), (4) & (5), and/or because it has no possibility of a significant effect on the environment, as specified in CEQA Guidelines Section 15061(b)(3). Each of the foregoing provides a separate and independent basis for CEQA exemption.

ATTACHMENTS: None.

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Fremont City Council Meeting: 09/09/25 07:00 PM
3300 Capitol Avenue Div/Dept: Finance Department
Fremont, CA 94538 Category: Affordable Housing

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5517) DOC ID: 5517
Updated: 9/4/2025 11:23 AM by Dina Lewis Page 1
BOND REISSUANCE FOR PACIFIC WEST COMMUNITIES, INC. - Public Hearing (Published Notice) in Accordance with the Tax Equity and Fiscal Responsibility Act (TEFRA) to Consider and Approve the Reissuance of Tax-Exempt Bonds by California Municipal Finance Authority (CMFA) for Fremont Pacific Associates, LP. (Osgood Apartments)
Contact Persons:

Name: Lauren Chu David Persselin
Title: Management Analyst Finance Director
Div/Dept: Finance Department Finance Department
Phone: (510) 494-4635 510-494-4631
E-Mail: [email protected] [email protected]

Executive Summary: The California Municipal Finance Authority (CMFA), a joint exercise of powers authority of which the City is a member, has been asked by Pacific West Communities, Inc. to serve as the conduit issuer of tax-exempt bonds for the Osgood Apartments affordable housing project (the “Project”) in the City of Fremont (City). The City previously conducted a public hearing (referred to as a “TEFRA hearing”) on November 16, 2021 for the project and a resolution was adopted to approve the issuance of Multifamily Housing Revenue Bonds by the CFMA for the purpose of financing an affordable housing project in the City to be developed by Fremont Pacific Associates, LP, a limited partnership company (the “Borrower”).

The Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) mandates a public accountability procedure involving the legislative body of a local agency in which a proposed project (to be funded with tax-exempt bonds) is located. The TEFRA hearing is intended to provide members of the community an opportunity to speak on behalf of or against the proposed project. Once the TEFRA hearing has been conducted, the City Council is then asked to adopt a resolution approving the issuance of tax-exempt bonds for the project.

The project has completed construction and there has been no change in the affordability breakdown since the first TEFRA hearing. The Borrower is extending the original conversion date to permanent financing that changes the weighted average maturity of the bonds, which triggers a technical reissuance of the bonds requiring an additional TEFRA hearing.

The bonds will be reissued as limited obligations of CMFA, and the City will have no liability with respect to the bonds or any role to play in the bond reissuance other than the TEFRA hearing.

Staff recommends that the City Council conduct a public hearing in accordance with the Tax Equity and Fiscal Responsibility Act and adopt a resolution approving the reissuance of tax-exempt bonds for the Project.

BACKGROUND: Pacific West Communities, Inc. has asked CMFA to serve as the conduit issuer of the bonds for the Project in the City. CMFA may not approve the bond financing

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unless and until the City Council approves the bond reissuance after conducting a TEFRA hearing.

The City previously held a TEFRA hearing on November 16, 2021 for the project. The Borrower is extending the original conversion date to permanent financing which changes the weighted average maturity of the bonds. This triggers a technical reissuance of the bonds which requires an additional TEFRA hearing.

DISCUSSION/ANALYSIS: Pacific West Communities, Inc. was formed as a real estate development and financing firm, specializing in the construction and rehabilitation of affordable workforce housing throughout the western United States. With a particular emphasis on the use of the affordable housing tax credit, Pacific West Communities and its related companies develop multi-family and senior citizen housing in the states of California, Alaska, Arizona, New Mexico, Utah, Oregon, Montana, Idaho, Nevada, Colorado, Washington, and Wyoming. Currently Pacific West Communities owns and operates over 300 developments with over 25,000 units of affordable housing.

The Project, Osgood Apartments, is a 112-unit family, new construction rental located at 41829 and 41875 Osgood Road in Fremont. The Project has recently finished construction.

The Osgood Apartments were developed by Fremont Pacific Associates, a California Limited Partnership, consisting of Pacific West Communities, Inc. and a tax credit investor.

Occupancy began in June of 2025. With a mix of 50 studio units, 32 two-bedroom units, and 30 three-bedroom units, the Osgood Apartments have already started to provide affordable housing for families residing in the City.

The units are newly constructed apartments in two four-story residential buildings. The type of construction is wood frame supported by perimeter foundations with concrete slab flooring. There are three residential stories built over one level of concrete podium parking.

Residents can enjoy amenities such as a community center, exercise room, and an outdoor children’s playground. An on-site resident manager provides assistance and management while residing in a two-bedroom manager’s unit. Within the units, residents enjoy standard features including refrigerators, exhaust fans, disposals, and ranges with ovens.

Affordability: As detailed below, all rents will be reduced to an affordable level for very low and low-income households. There has been no change in the affordability breakdown since the first TEFRA hearing.

Percent of Restricted Rental Units in the Project: 100%

11% (12 Units) restricted to 30% or less of area median income households; and 11% (12 Units) restricted to 50% or less of area median income households; and 57% (64 Units) restricted to 60% or less of area median income households; and 21% (23 Units) restricted to 80% or less of area median income households. 1 manager’s unit
Unit Mix: Studio, 2 and 3-bedroom units
Term of Restriction: 55 years

TEFRA Hearing: The TEFRA mandates a public accountability procedure involving the legislative body of a local agency in which a proposed project (to be funded with tax-exempt bonds) is located. The TEFRA hearing is intended to provide members of the community an

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opportunity to speak on behalf of or against the proposed project. Notice of the public hearing must be published in a newspaper of general circulation at least seven days prior to the date on which it is scheduled. To comply with federal tax laws, as well as with CMFA policy, once the TEFRA hearing has been conducted, the City Council is asked to adopt a resolution approving the reissuance of tax-exempt bonds for the Project.

Project Financing: The total development costs of the Project were $88.9 million. $33 million of the project costs were financed through multi-family housing revenue bonds issued by CMFA, with Low Income Housing Tax Credits as the other principal funding source.

Other funds came from the General Partner and Equity. An updated summary of the estimated sources and uses of funds for the project is presented in the following table.

Estimated Sources of Funds Estimated Uses of Funds
LIH Tax Credit Equity $40,367,074 New Construction $53,007,320 Tax-Exempt Bond Proceeds

25,000,000

Const. Interest, Perm.

Financing
10,724,650

Recycled Tax-Exempt Bond
Proceeds
8,000,000 Land Acquisition 8,234,243
Deferred Developer Fee 7,975,000 Developer Fee 8,000,000 City of Fremont- Affordable
Housing Loan
6,000,000 Local Development
Impact Fee
4,881,772
General Partner Loan 1,602,312 Architectural & Engineering 1,681,502 Soft Cost, Interest, etc. 1,572,311
Reserves 524,807
Legal & Professional

317,781

Total Sources $88,944,386 Total Uses $88,944,386

FISCAL IMPACT: The bonds will be issued as limited obligations of CMFA, payable solely from revenues and receipts derived from a loan to be made by CMFA to Fremont Pacific Associates, LP, with the bond proceeds. The City bears no liability with respect to the reissuance of the bonds. Further, the City is not a party to any of the financing documents related to the bond reissuance and is not named in any of the disclosure documents describing the bonds or the proposed financing.

The Board of Directors of the California Foundation for Stronger Communities, a California non-profit public benefit corporation (the “Foundation”), acts as the Board of Directors for the CMFA. Through its conduit reissuance activities, the CMFA shares a portion of the reissuance fees it receives with its member communities and donates a portion of these reissuance fees to the Foundation for the support of local charities. With respect to the City of Fremont, it is expected that a portion of the reissuance fee will be granted by the CMFA to the General Fund of the City. Such grant may be used for any lawful purpose of the City.

ENVIRONMENTAL REVIEW: Not applicable.

ATTACHMENTS:
• Draft Resolution - Osgood TEFRA

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RECOMMENDATIONS:

1. Hold a public hearing in accordance with the TEFRA;

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Resolution 2025-XX Page 1 of 2

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FREMONT APPROVING THE REISSUANCE OF THE

CALIFORNIA MUNICIPAL FINANCE AUTHORITY EXEMPT

FACILITY BONDS IN AN AGGREGATE PRINCIPAL AMOUNT
NOT TO EXCEED $55,000,000 FOR THE PURPOSE OF FINANCING

OR REFINANCING THE ACQUISITION, CONSTRUCTION,

IMPROVEMENT AND EQUIPPING OF OSGOOD APARTMENT S

AND CERTAIN OTHER MATTERS RELATING THERETO
WHEREAS, Fremont Pacific Associates, a California Limited Partnership (the “Borrower”) a partnership of which Pacific West Communities, Inc. (the “Developer”) or a related person to the Developer is the general partner, has requested that the California Municipal Finance Authority (the “Authority”) adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the “Code”) in one or m ore series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $55,000,000 in aggregate principal amount (the “Bonds”), to finance or refinance the acquisit ion, construction, improvement and equipping of a multifamily rental housing project located at 41829 & 41875 Osgood Road, Fremont, California (the “Project”); and WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by the Authority must be approved by the City of Fremont (the “City”) because the Project is located within the territorial limits of the City; and
WHEREAS, the City Council of the City (the “City Council”) is the elected legislative body of the City and is one of the “applicable elected representatives” required to approve the issuance of the Bonds under Section 147(f) of the Code; and WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”), among certain local agencies, including the City; and
WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fremont as follows:

SECTION 1. The foregoing resolutions are true and correct.

SECTION 2. The City Council hereby approves the issuance of the Bonds by the Authority. It is the purpose and intent of the City Council that this resolution constitute approval of the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code by the applicable

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Attachment: Draft Resolution - Osgood TEFRA (5517 : BOND REISSUANCE FOR PACIFIC WEST COMMUNITIES, INC.) Resolution 2025-XX Page 2 of 2

elected representative of the governmental unit having jurisdiction over the area in which the Project is located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement.

SECTION 3. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds.

SECTION 4. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation, installation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein.

SECTION 5. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to, and comply with t he terms and intent of this resolution and the financing transaction approved hereby.

SECTION 6. This resolution shall take effect immediately upon its adoption.

ADOPTED September 9, 2025, by the City Council of the City of Fremont by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Mayor

ATTEST: APPROVED AS TO FORM:

________________________________ __________________________________________ City Clerk City Attorney

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Attachment: Draft Resolution - Osgood TEFRA (5517 : BOND REISSUANCE FOR PACIFIC WEST COMMUNITIES, INC.) Fremont City Council Meeting: 09/09/25 07:00 PM
3300 Capitol Avenue Div/Dept: Fire Department
Fremont, CA 94538 Category: Code Adoptions & Amendments

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5523) DOC ID: 5523 A
Updated: 9/4/2025 4:15 PM by Dina Lewis A Page 1
2025 CALIFORNIA BUILDING STANDARDS CODES ADOPTION – Public Hearing (Published Notice) to Introduce and Consider Ordinances Adopting the 2025 California Fire Code and 2025 Wildland Urban Interface Code with Local Amendments, Adopt Resolution of Findings, and Make Conforming Amendments to Various Chapters of Fremont Municipal Code Title 15 (BUILDINGS AND

CONSTRUCTION)
Contact Persons:

Name: Eric Govan Zoraida Diaz
Title: Fire Marshal Fire Chief
Div/Dept: Fire Department Fire Department
Phone: 510-494-4200 510-494-4200
E-Mail: [email protected] [email protected]

Executive Summary: California has published the 2025 Buildings Standards Codes (Codes), with most parts becoming effective on January 1, 2026. The 2025 Codes include regulatory updates and enhancements, and the City Council must adopt the new Codes to make them effective in the City. Staff recommends adoption of the 2025 California Fire Code (CFC) and the 2025 California Wildland-Urban Interface Code (CWUIC), with local amendments. The local amendments align Fremont's local regulations with the latest state standards while incorporating specific administrative and technical modifications tailored to the City's unique local conditions. The proposed ordinances carry forward provisions from Fremont’s current Building and Fire Codes and introduce the new California Wildland-Urban Interface Code which are designed to enhance public safety and property protection. The resolution contains the findings required for the local amendments.

Background: California Health and Safety Code Section 17958 mandates that the California Building Standards Commission (CBSC) adopt and publish the California Building Standards Code (Title 24) every three years. The 2025 Edition of the California Code of Regulations, Title 24, was published by CBSC on July 1, 2025 and will take effect on January 1, 2026.

Title 24 incorporates model construction and other codes, including the California Building Code, Mechanical Code, Plumbing Code, Electrical Code, Existing Buildings Code, Housing Code, Energy Code, Residential Code, California Fire Code, and California Wildland-Urban Interface Code.

Discussion/Analysis:

Local governments are required to adopt the 2025 state model codes with any local amendments proposed for applicability to their jurisdictions. The proposed ordinances adopt the 2025 California Fire Code and 2025 California Wildland-Urban Interface Code with local amendments, and the resolution contains the findings to support the local amendments as reasonably necessary due to local climatic and geographic conditions. The City’s new codes will become effective January 1, 2026.

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1. 2025 California Fire Code (CFC): The proposed ordinance adopts the CFC with local amendments that are largely administrative and carry forward existing provisions, while also introducing key changes to enhance life safety and property conservation.

These include:

▪ Fire Alarm System Requirements: Clarified installation and monitoring requirements. Systems must be State Fire Marshal listed and approved, with the building owner providing certification. Remote annunciators are required at main entrances for new or updated systems. Specific detection and manual alarm boxes are mandated for facilities handling lithium-ion or lithium metal batteries. ▪ Hazardous Materials Management: More stringent spill control and secondary containment mechanisms are required for a broader range of hazardous materials and at lower quantity thresholds. This also includes additional construction and monitoring requirements for toxic and highly toxic materials (health hazard classifications 3 and 4), and some flammable and oxidizing materials.
▪ Fire Apparatus Access Roads & Key Boxes: Requirements for fire lane marking and maintenance are detailed. Automatic and manual security gates must be equipped with approved Knox key override switches or padlocks for emergency access. The Knox Rapid Entry System is required in various occupancies for immediate access, and a Knox Document Cabinet is mandated for facilities storing hazardous materials, containing essential pre-fire plans and keys. ▪ Fire Protection Water Supplies: Specific spacing requirements for fire hydrants in residential (every 500 ft) and commercial/industrial/multi-family areas (every 300 ft) are established, with discretion for the Fire Chief to require closer intervals. Hydrants must be clearly identified with reflective markers and paint. ▪ Automatic Sprinkler Systems (AFES): General requirement for AFES in all new buildings (excluding certain Group U occupancies), with detailed modifications for various occupancy groups and building conditions. This includes specific requirements for R-3 occupancies (single-family homes), additions, and repairs/retrofits based on the value of repair. The intent is to confine fires, reduce toxic gases, and facilitate evacuation.
▪ Prohibition of Fireworks: The code maintains the existing prohibition on the possession, manufacture, storage, sale, handling, and use of fireworks within the City.

2. 2025 California Wildland-Urban Interface Code (CWUIC). The proposed ordinance adopts the 2025 CWUIC with specific local amendments to address the heightened wildfire risk in the city.

▪ Purpose: The code establishes minimum regulations for life and property protection against wildland fire intrusion and the spread of structure fires to wildland fuels. It supplements Fremont’s building and fire codes. ▪ Special Building Construction Regulations: New or remodeled structures in WUI Fire Areas are required to comply with enhanced building standards.

This includes:

o Roof Coverings: Any new structure or re-roofing in a WUI Fire Area must have a Class A fire-retardant roof covering.

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o Exterior Wall Coverings: Exterior walls must be of 1-hour fire-resistive assemblies with a Class I flame spread requirement.
o Utilities: Utilities in exposed under-floor areas must be enclosed with 1-hour fire-resistive material.
o Historical Buildings: Flexibility for historical buildings is provided if a fire protection plan (prepared by a registered Fire Protection Engineer and approved by building official and fire chief) is implemented to ensure an equivalent level of fire safety.

▪ Fire Protection Plans (FPP): These plans are required based on project-specific wildfire hazard assessments, addressing fire department access, water supply, fuel reduction (defensible space), and applicable building codes for wildfire safety. The applicant is responsible for the cost of FPP preparation and review.

Local Conditions Justification: The proposed amendments to the California Fire Code and California Wildland-Urban Interface Code are reasonably necessary due to Fremont’s local climatic, geological, and topographical conditions, as detailed in Attachment 1 to the proposed resolution. The modifications are designed to mitigate fire impacts, enhance firefighting capacity and efficiency, improve survivability, and reduce human and property losses from fires, wildfires, and hazardous materials incidents. Some of the key local conditions which support the amendments are summarized below:

▪ Climatic Conditions:
o Wildfire Risk: Fremont contains very high fire hazard severity zones.

Increased frequency and intensity of droughts, combined with hotter, drier landscapes, and severe winds, contribute to rapid and irregular fire spread.

This leads to increased demand for emergency services and necessitates robust wildfire prevention measures.
o Extreme Heat: Rising annual average temperatures and more frequent heat waves can worsen air quality and pose public health threats.

▪ Geological and Topographical Conditions:
o Seismic Hazard: Fremont is traversed by the Hayward Fault, with a significant probability (over 28% in the next 30 years) of a major earthquake (up to magnitude 7.1) along its segments. Such an event poses a high risk of structural damage, collapsed power lines, ruptured gas lines, and breaks in water systems, potentially leading to widespread fires and hazardous material releases.
o Soil Conditions: The presence of expansive Bay mud and soft soils can lead to liquefaction during earthquakes, increasing structural damage. o Terrain and Access: The city's hills, creeks, freeways, and dense development create a complex road network with heavy traffic congestion, indirect routes, and steep grades, all of which can significantly delay emergency response times, especially during peak hours or after a major disaster. o Vegetation: Dry grass, brush, and dense woodland areas contribute to high fuel loads, exacerbating fire danger, particularly during dry, hot, windy months.
o Population Density and Development: A rapidly growing population increases the frequency of emergency incidents and traffic congestion, further straining

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public safety resources. Close proximity of buildings with combustible materials also increases fire spread risk.

▪ Climate Change Impacts: The combination of these factors is worsened by climate change, which increases the likelihood and severity of wildfires, landslides, droughts (reducing water for firefighting), and extreme heat events.

FISCAL IMPACT: Adoption of the proposed codes would not have a fiscal impact to the city’s general fund, as most of the costs associated with the application and administration of the building standards in the City are funded by user fees paid by developers.

ENVIRONMENTAL REVIEW: The proposed actions are exempt from CEQA review, each as a separate and independent basis for CEQA compliance, pursuant to: CEQA Guidelines Section 15378(b) in that proposed action constitutes organizational and administrative activities of government and is not a “project” which will result in direct or indirect physical changes in the environment; Section 15061(b)(3) because there is no possibility the activity will have a significant effect on the environment; Section 15268 in that approval of local legislation constitutes a ministerial action required by California law; and Section 15308 as the proposed action involves regulatory procedures for protection of the environment.

ATTACHMENTS:
• Draft Ordinance- 2025 Fire Code
• Draft Ordinance- 2025 California Wildland Urban Interface Code (CWUIC) • Draft Resolution- 2025 Building Standards Code Findings Conditions

RECOMMENDATIONS:

1. Conduct a first public hearing.

2. Introduce an ordinance repealing and replacing Chapter 15.35 of the Fremont Municipal Code to adopt the 2025 California Fire Code by reference with local amendments.

3. Introduce an ordinance adding Chapter 15.66 to the Fremont Municipal Code to adopt the 2025 California Wildland Urban Interface Code by reference with local amendments.

4. Adopt a resolution setting forth findings as to local conditions applicable to the proposed amendments to the 2025 California Fire Code and the 2025 California Wildland Urban Interface Code.

5. As required by state law on adopting such codes by reference, schedule a public hearing on September 16, 2025 to adopt the two ordinances.

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Ordinance XX-2025 Page 1 of 41

ORDINANCE NO. XX-2025

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FREMONT REPEALING AND REPLACING CHAPTER 15.35 OF THE
FREMONT MUNICIPAL CODE ADOPTING THE 2025 CALIFORNIA

FIRE CODE BY REFERENCE WITH LOCAL AMENDMENTS

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

SECTION 1. DRAFTING SYNTAX
This ordinance adopts by reference the 2025 California Fire Code (CFC) as if fully set forth herein and includes only the text of local amendments.

Italicized text is used to indicate when amendments are being made to specific sections of the 2025 California Fire Code. Subsections within an amended section that are deleted are noted as {deleted}, and subsections that are not changed are noted as {CFC text not modified}.

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

Sec. 15.35.010 Title.

This chapter shall be known and may be cited as the “Fremont fire code” or “FFC.” The Fremont fire code consists of the 2025 California Fire Code, as codified in Title 24, Part 9 of the California Code of Regulations 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 Fire 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 “Fire Marshal” or “Fire Code Official” shall mean the person in charge of the fire prevention bureau as appointed by the chief.
(c) The Fire Chief of the fire department shall recommend to the city manager the employment of technical consultants as appropriate.

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Sec. 15.35.030 Adoption of the 2025 CFC with amendments.

The 2025 edition of the California Fire Code (CFC) as published by the California Building Standards Commission is adopted by reference as the fire code of the city of Fremont as if fully set out herein and is amended as set forth in this chapter. A copy of the 2025 CFC is on file in the office of the city clerk.

Sec. 15.35.040 Adoption of certain 2025 CFC appendices.

The following appendices of the 2025 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 P
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 2025 CFC Appendix B.

Appendix B of the 2025 California Fire Code is amended as follows:

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

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Table B105.2
TABLE B105.2

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 2025 CFC Appendix D.

Appendix D of the 2025 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 2025 CFC Chapter 1, Division II Scope and Administration.

Chapter 1, Division II of the 2025 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 2025 CFC Section 102 Applicability.

Section 102 of the 2025 California Fire Code is amended as follows:
102.1 – 102.2 {CFC text not modified}

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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 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 equal to or 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, Condition 2
4 B, F-1, R-3, R-4, Condition 1, S-1
5 (Lowest Hazard) F-2, S-2, U

*Ref: 2024 IEBC Chapter 10, Table 1011.5
102.4 – 102.12 {CFC text not modified}
Sec. 15.35.080 Amendment to 2025 CFC Section 105 (Permits).

Section 105 of the 2025 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 105.5.9 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 more than 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}
Section 105.5.18 numbers 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 – 105.5.30 {CFC text not modified}
105.5.31 Lumber Yards and Wood Working Plants. To operate any wood working plant. See Chapter 28.
105.5.32 – 105.5.5.59 {CFC text not modified}
105.5.60 Christmas Tree Lot. To operate a Christmas Tree Sale Lot. See additional provisions in Section 806.
105.5.61 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 permits shall be made to the building and safety department.
105.5.62 Apartment, congregate residences (non-transient) with more than 16 occupants, live- work units, condo, hotel or motel with more than five guest rooms. To operate any apartment dwelling, congregate residence (non-transient) with more than 16 occupants, live-work units, condo, hotel or motel with more than five guest rooms.
105.5.63 Five (5) year sprinkler test. An operational permit is required to engage in the business of conducting the five (5) year test of an automatic fire sprinkler system or standpipe, in accordance with NFPA 25 (Standard for Inspection, Testing and Maintenance of Water-Based Fire Protection systems), 2013 California Edition.

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105.5.64 Fire Suppression and Emergency Mitigation Fees. The Fremont Fire Department may charge fees that reasonably constitute the cost of suppression of any fire or emergency mitigation against a property owner or other responsible person when the fire or emergency is a result of that person's violation of any federal, state statute or local ordinance. The Fremont Fir e Department may charge fees to recover the reasonable costs of services necessary to protect the public health and safety associated with motor vehicle incidents, hazardous materials spills, discharges or threatened discharge of hazardous (or suspected hazardous) materials, motor vehicle fires, motor vehicle extrications, pipeline or power line incidents, and origin and cause investigations.

105.6 – 105.6.25 {CFC text not modified}
Sec. 15.35.090 Amendment to 2025 CFC Section 113 (Violations).

Section 113 of the 2025 California Fire Code is amended as follows:
113.1 – 113.3.4 {CFC text not modified}
113.4 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.
113.4.1 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 apparatus that poses an imminent danger to property or life.
113.4.2 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 2025 CFC Section 202 (General definitions).

Section 202 of the 2025 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 five minutes.

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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}

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 one 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.

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

TEMPORARY INSTALLATIONS shall mean those that do not exceed one 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. 15.35.105 Adoption of 2025 CFC Section 309 (Powered Industrial Trucks and Equipment).

Section 309 of the 2025 California Fire Code is adopted without amendments.

Sec. 15.35.106 Adoption of amendment to 2025 CFC Section 311 (Vacant Premises).

Section 311 of the 2025 California Fire Code is adopted in its entirety with the following amendments:

311.5. – 311.5.4 Deleted

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311.7 Vacant Commercial Property. The fire code official can require a metal grade covering system for all access doors and windows of vacant commercial properties that have become a nuisance or dangerous because of fires or other unsafe conditions. The coverings must include features that allow for quick access by emergency services, such as keyless entry systems or emergency access panels. Property owners are responsible for maintaining the integrity of the coverings and ensuring they remain in good working conditions.

This along with city of Fremont Municipal Code section 15.45.110 (Unsafe Structures and Equipment) will apply. Properties that are actively undergoing renovation or have a valid occupancy permit may be exempt from these requirements, provided that adequate security measures are in place.

Sec. 15.35.110 Amendment to 2025 CFC Section 503 (Fire Apparatus Access Roads).

Section 503 of the 2025 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 always maintained in a clean and legible condition 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 always maintained.
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 Knox key override switch.
503.6.2 Manual security gates shall be equipped with an approved key box or Knox padlock.

Sec. 15.35.120 Amendment to 2025 CFC Section 506 (Key Boxes).

Section 506 of the 2025 California Fire Code is amended as follows:

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506.1 Where required. Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for lifesaving or fire-fighting purposes, the fire code official is authorized to require a Knox Rapid Entry System to be installed in an approved location. The Knox Rapid Entry System shall be of an approved type listed in accordance with UL 1037 and shall contain keys to gain necessary access as required by the fire code official. If any of the following items listed (1) through (8) is located at an occupancy, then a Knox Rapid Entry System shall be required.

1. Fire suppression and standpipe systems. When a building within the city limits is protected by an automatic fire suppression and/or standpipe system, it shall be equipped with a Knox Rapid Entry System, installed at a location approved by the fire code official or designee.

2. Automatic Alarm Systems. When a building within the city limits is protected by an automatic fire suppression and/or standpipe system, it shall be equipped with a Knox Rapid Entry System, installed at a location approved by the fire code official or designee.

3. Multi-family residential structures. Multi-family residential structures comprised of four (4) or more units which access the building or common areas or mechanical or an electrical room within the building are denied through locked doors.

4. Automatic Gates. When a property is accessed through a gate or cross arm that impedes ingress through required fire lanes by means of a key or swipe card, it shall be equipped with a key switch to be installed at a location approved by the fire code official or designee.

5. Security Padlock. When a property is protected by a locked fence or gate and where immediate access to the property is necessary for life saving and firefighting purposes, it shall be equipped with a security padlock to be installed at a location approved by the fire code official or designee. It shall then be the responsibility of the responsible party to see that the fence or gate is secured properly so that the security padlock is accessible.

6. Construction Sites. When a construction site is to be secured by a locked fence or gate, that site will fall under section 2 subsection E, during the duration of construction or until said fence or gate is removed. It shall then be the responsibility of the construction company to see that the fence or gate is secured properly so that the security padlock is accessible.

7. Security of Fire Department Connections (FDC). When a building is protected by an automatic sprinkler and/or standpipe system and the fire department connection is exposed to vandalism, the fire code official or designee shall require that a security gate be installed around the standpipe and that a Knox security cap be installed.

Exception: This shall not apply to any owner-occupied one- and two-family dwellings.

Owners of single- and two-family occupancies are encouraged to participate voluntarily utilizing a residential key box.

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8. Remote Power Box. Where a building is equipped with the following items: the fire code official, can require to be installed a Knox Remote Power Box, to safely gain access to high-risk electrical areas by tripping the power on equipment and machinery.

a) Generators
b) Power distribution centers
c) Light rail systems
d) Telecommunication equipment
e) HVAC controls
f) Solar, photovoltaic, wind-powered systems
g) Battery Storage Facilities

506.2 {CFC text not modified}
506.3 Emergency information Knox Document Cabinet. 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 Knox Document Cabinet 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.
506.1.3 Knox Rapid Entry System storage cabinet contents. Any facility, firm, or corporation that handles, uses, or stores hazardous material and or total aggregate is more than 55 gallons of liquid, 500 pounds of solid, or 200 cubic feet of gas, shall have a Knox Document Cabinet, model #1302, for Fremont Fire Department use. Exception: not required for Underground Storage Tanks (UST).

The cabinet shall contain the following items:

1. Binder for Document Cabinet with:

2. List of responsible parties’ phone numbers (i.e., plant manager, owner, all principal employees, management types, and major chemical manufacturers).

3. An aerial pre-plan of the facility, to include room numbering, extinguishing systems (outside stem and yoke (OSY), post indicator valves (PIV), fire department connections (FDC), drains, secondary containment, ventilation systems, and hydrant locations (See attached aerial pre-plan sample).

4. Alphabetical list of chemicals, room number location, and approximate quantity and strength (i.e., 50%, 60%, 85%, etc.).

5. Safety Data Sheet (SDS) of all chemicals in alphabetical order.

6. Keys for Document Cabinet:
a. Keys to all locked doors with plastic identification tags corresponding to complex aerial pre-plan.

7. Location of Document Cabinet:

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a. The Knox Document Cabinet shall be located on the exterior of the building near the front entrance as shown by Fire Code Official or Designee.

Sec. 15.35.130 Amendment to 2025 CFC Section 507 (Fire Protection Water Supplies).

Section 507 of the 2025 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.

Sec. 15.35.140 Amendment to 2025 CFC Section 508 (Fire Command Center).

Section 508 of the 2025 California Fire Code is amended as follows:
508.1 General. When required by other sections of this code and in all buildings four 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}

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508.1.3 {CFC text not modified}
Exceptions:

1. In buildings four 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 m2) with a minimum dimension of eight feet (2438mm).

2. In buildings with eight or fewer units, the fire command center shall be a minimum 48 square feet with a minimum dimension of six 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 four 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 four 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 the event of an emergency.

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

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.

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Sec. 15.35.145 Adoption of 2025 CFC Section 510 (Emergency Responder Communications Enhancement Systems - ERCES).

Section 510 of the 2025 California Fire Code is adopted in its entirety without amendments.

Sec. 15.35.150 Amendment to 2025 CFC Section 903 (Automatic Sprinkler Systems).

Sections 903 of the 2025 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 2025 California Building Code.

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

4. The following detached Group U occupancies: Barns, fences more than six 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 sq. ft. or less are exempt from installation of automatic fire extinguishing systems.6. Detached one-story Group U occupancies housing dumpsters or refuse containers with floor area of 500 to 1500 sq. ft. are exempt from installation of automatic fire extinguishing systems provided all 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 five-foot setback to property line and ten-foot setback to any other building on 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

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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 Group B. An automatic sprinkler systems shall be provided for Group B occupancies in addition as required in Sections 903.2.2.1 and 903.2.2.2. 903.2.2.1 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.
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

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containing a Group M occupancy.
903.2.7.1 {CFC text not modified}
903.2.7.2 – deleted
903.2.7.3 {CFC text not modified}
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 – 903.2.8.3 {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 were 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}
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

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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 two 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 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.

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 one- or two-story building with no basement does not require automatic fire extinguishing systems when the following conditions (a-c) 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:

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%.

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Exception: The entire residence, including the addition does not require an AFES when the following conditions are met:

a. Additions under 500 sq ft (or under 1000 sq ft with a an approved local or hard wired or similarly configured fire alarm system) and cumulative floor area ≤ 5000 sq ft are permitted.
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 for otherwise noted, shall be retrofitted with an automatic fire extinguishing system to the entire building and structure in accordance with the following (a & b) 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. 903.2.26 Retrofit for Historic Buildings or Structures. The minimum criteria for retrofit of Historic Buildings or Structures shall be 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.

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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 four 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.

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 one-inch water meter or larger may be required to meet AFES hydraulic calculations.

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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 two sprinkler heads.

3. Five 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 two points of connection to the public water supply can be utilized with separate piping to each loop of each building. Post 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 one 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.

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903.3.8 – 903.3.9 {CFC text not modified}

903.3.10 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. 903.3.11 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. 903.3.12 Control Valves. Control valves and flow switches shall be installed on each floor. All control valves shall be monitored by a Central Station. 903.3.13 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.
903.3.14 Stairs. An automatic sprinkler system shall be installed in enclosed usable space below or over a stairway in all occupancies.
903.3.15 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, over a minimum of 3,000 square feet.
903.3.16 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.
903.4.2 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.

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903.4.3 Alarms. Approved supervised audible and visual device(s) 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 audible and visual alarm 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. 903.4.4 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 2025 CFC Section 904 (Alternative Automatic Fire-Extinguishing Systems).

Section 904 of the 2025 California Fire Code is amended as follows:

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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 - 904.15.1.2 {CFC text not modified}
904.16 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 2025 CFC Section 905 (Standpipes).

Section 905 of the 2025 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. 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 2025 CFC Section 907 (Fire Alarm and Detection Systems).

Section 907 of the 2025 California Fire Code is amended as follows:
907.1 – 907.1.2 {CFC text not modified}

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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 specifications 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}
907.2.2.2 Laboratories involving research and development or testing. A fire alarm system activated by an air-sampling-type smoke detection system or a radiant-energy-sensing detection system shall be installed throughout the entire fire area utilized for the research and development or testing of lithium-ion or lithium metal batteries. In addition, a manual fire alarm box shall be installed per CFC section 907.4.2 near the closest exit door(s) containing the storage of lithium- ion or lithium metal batteries.
907.2.2.3 – 907.2.4 {CFC text not modified}
907.2.4.1 Manufacturing involving lithium-ion or lithium metal batteries. A fire alarm system activated by an air-sampling-type smoke detection system or a radiant-energy-sensing detection system shall be installed throughout the entire fire area where lithium-ion or lithium metal batteries are manufactured; and where the manufacturer of vehicles, energy storage systems or equipment containing lithium-ion or lithium metal batteries where the batteries are installed as part of the manufacturing process. In addition, a manual fire alarm box shall be installed per CFC section 907.4.2 near the closest exit door(s) containing the storage of lithium-ion or lithium metal batteries.
907.2.5.1 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 configure, the

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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 – 907.2.7.1.1 {CFC text not modified}
907.2.7.2 Storage of lithium-ion or lithium metal batteries. A fire alarm system activated by an air-sampling-type smoke detection system or a radiant-energy-sensing detection system shall be installed in a room or space within a Group M occupancy where required for the storage of lithium-ion or lithium metal batteries in accordance with Section 320. In addition, a manual fire alarm box shall be installed per CFC section 907.4.2 near the closest exit door(s) containing the storage of lithium-ion or lithium metal batteries.
907.2.8 – 907.2.10.1 {CFC text not modified}
907.2.10.2 Storage of lithium-ion or lithium metal batteries. A fire alarm system activated by an air-sampling-type smoke detection system or a radiant-energy-sensing detection system shall be installed throughout the entire fire area where required for the storage of lithium-ion or lithium metal batteries in accordance with Section 320. In addition, a manual fire alarm box shall be installed per CFC section 907.4.2 near the closest exit door(s) containing the storage of lithium- ion or lithium metal batteries.
907.2.11 – 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

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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

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 (22860mm) above the lowest level of fire department vehicle access, a separate zone by floor shall be provided for all 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}

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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.
907.6.6.1 – 907.10.1 {CFC text not modified}
Sec. 15.35.190 Amendment to 2025 CFC Section 914 (Fire Protection Based on Special Detailed Requirements of Use and Occupancy).

Section 914 of the 2025 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 four stories or more. Buildings four 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. 15.35.200-15.35.240 Reserved.

Sec. 15.35.250 Amendment to 2025 CFC Section 5001 (General).

Section 5001 of the 2025 California Fire Code is amended as follows:
5001.1 –5001.5 {CFC text not modified}

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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.

11. If the chief, or his/her 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 2025 CFC Section 5003 (General Requirements).

Section 5003 of the 2025 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}

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5003.2.10 Fire Protection for Workstations and chemical wet-benches. 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 and chemical wet-benches where hazardous materials are dispensed, stored or used. 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}

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Sec. 15.35.270 Amendment to 2025 CFC Section 5004 (Storage).

Section 5004 of the 2025 California Fire Code is amended as follows:

504.1.1 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}
5004.2.2 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). 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 – 5004.14 {CFC text not modified}
Sec.15.35.280 Amendment to 2025 CFC Section 5005 (Use, Dispensing and Handling).

Section 5005 of the 2025 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}
5005.2.2 – 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.

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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) 5005.3.8 – 5005.4.4 {CFC text not modified}
Sec. 15.35.290 Amendment to 2025 CFC Section 5601 (General).

Section 5601 of the 2025 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.

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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 2025 CFC Section 5605 (Manufacture, Assembly and Testing of Explosives, Explosive Materials and Fireworks).

Section 5605 of the 2025 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
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 2025 CFC Section 5701 (General).

Section 5701 of the 2025 California Fire Code is amended as follows:

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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 2025 CFC Section 5703 (General Requirements).

Section 5703 of the 2025 California Fire Code is amended as follows:

Sec 15.35.330 Adoption of 2025 CFC Section 5707 (On Demand Mobile-Fueling Operations).

Section 5707 of the 2025 California Fire Code is adopted in its entirety without amendments.

Sec. 15.35.340 Amendment to 2025 CFC Section 6004 (Highly Toxic and Toxic Compressed Gases).

Section 6004 of the 2025 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 fume hoods or approved tools designed for their use.

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 fume hoods or approved tools designed for their use.

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2. When located outside, and when required by the fire chief, highly toxic and toxic compressed gases shall be kept under a canopy in accordance with 6004.3. 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.

Exceptions:

1. Cylinders of compressed gases with a capacity not exceeding 10 cubic feet at normal temperature and pressure (NTP) when used in gas cabinets, fume hoods, or approved tools designed for their use.
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 conditions and tested according to the manufacturers’ specifications, but not less than annually. Maintenance and testing shall be performed by people qualified to perform the

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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 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 ensure 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 laws, a responsible person shall file a copy of the plan with the fire chief.
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 one gas, provided the gases are compatible. Purge gas systems inside buildings shall be 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, fume hoods or approved tools designed for their use.

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 five seconds of a horizontal sinusoidal oscillation having a peak acceleration of 0.3G (1.47m/sec2) and a period of 0.4 seconds.

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Exceptions:

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
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 2025 CFC Chapter 80 (REFERENCED STANDARDS).

Chapter 80 of the 2025 California Fire Code and the referenced standards contained therein are amended as follows:

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a. NFPA 13-25 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.

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}
b. NFPA 13D-25 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. Water Supply Sources. When approved by the Fire Code Official and the requirements are met, the following water supply sources shall be acceptable by this standard.

1. A connection to a reliable waterworks system with or without an automatically operated pump

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..2.33 {CFC text not modified}

8.3.4 – Deleted

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c. NFPA 1424 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 one 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

2. When a building does not have a fire alarm system or a sprinkler monitoring system installed, the valve shall be supervised by (a & b):
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. d. NFPA 15-22 through 22-23 {CFC text not modified}
e. NFPA -24-25 is amended to read:

4.2.1 –5.5.5.1{CFC text not modified}

6.6.1.1 – deleted

6.6.1.2 –6.6.1.4{CFC text not modified}

10.4.3.1.1 Delete exceptions 1 & 2
f. NFPA 25-13 CA through 70-23 {CFC text not modified}
g. 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}
h. NFPA 76-24 through NFPA 2010-23 {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

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of Apartment Buildings), known as the Fremont Central Corridor Retrofit Ordinance, amend the 2025 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).

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.

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Sec. 15.35.380 Staffing Standards Not Adopted.

Notwithstanding any other provision of this chapter, or any provision contained in the 2025 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 chapter and any direct or indirect reference by any document incorporated by reference by this chapter pertaining to staffing standards is expressly excluded and not adopted by this chapter.

SECTION 3. CEQA
The City Council finds, each as a separate and independent basis for CEQA compliance, that the ordinance is exempt from CEQA pursuant to: CEQA Guidelines Section 15378(b) in that the proposed action constitutes organizational and administrative activities of government and is not a “project” which will result in direct or indirect physical changes in the environment; Section 15061(b)(3) because there is no possibility the activity will have a significant effect on the environment; Section 15268 in that approval of local legislation constitutes a ministerial action required by California law; and Section 15308 as the proposed action involves regulatory procedures for protection of the environment.

SECTION 4. EFFECTIVE DATE
This ordinance shall take effect and be enforced beginning January 1, 2026.

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.

SECTION 6. POSTING AND PUBLICATION
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 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.
* * *

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The foregoing ordinance was introduced before the City Council of the City of Fremont at the regular meeting of the City Council, held on ________, 2025, and finally adopted at a regular meeting of the City Council held on __________, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

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Attachment: Draft Ordinance- 2025 Fire Code (5523 : 2025 California Building Standards Codes, Fire Code and Wildland-Urban Interface Code) Ordinance XX-2025 Page 1 of 8

ORDINANCE NO. XX-2025

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FREMONT ADDING CHAPTER 15.66 TO THE FREMONT
MUNICIPAL CODE ADOPTING THE 2025 CALIFORNIA WILDLAND

URBAN INTERFACE CODE BY REFERENCE WITH LOCAL

AMENDMENTS

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

SECTION 1. DRAFTING SYNTAX
This ordinance adopts by reference the 2025 California Wildland Urban Interface Code ( CWUIC) as if fully set forth herein and includes only the text of local amendments and references.

Italicized text is used to indicate when amendments are being made to specific sections of the CWUIC. Subsections within an amended section that are deleted are noted as “deleted” and subsections that are not changed are noted as {CWUIC text not modified}. Each subsection that is deleted in its entirety is indicated by the subsection number followed by “deleted.” SECTION 2. CHAPTER 15.66 IS ADDED TO THE FMC
Chapter 15.66 is added to the Fremont Municipal Code Title 15 (Buildings and Construction), Division 2 (General Building Regulations).

Sec. 15.66.010 Title.

This chapter shall be known and may be cited as the City of Fremont’s “Wildland Urban Interface code” or “WUI code.” The City’s WUI code consists of the 2025 California Wildland Urban Interface Code, as codified in Title 24 of the California Code of Regulations and as amended by this chapter.

Sec. 15.66.020 Purpose.

The purpose of this chapter is to establish minimum fire and fuel regulations for properties located within the wildland-urban interface areas designated in Chapter 15.65 of the Fremont Municipal Code in order to protect life and property. The regulations are intended to mitigate the risk to life and structures from intrusion of fire from wildland fire exposures and fire exposures from adjacent structures, to mitigate structure fires from spreading to wildland fuels, and to control the spread of fires. It is the intent of this chapter that the regulations be implemented in phases commensurate with the relative level of hazard present.

The unrestricted use of property in designated fire areas may pose a threat to life and property from fire and resulting er osion. Safeguards to prevent the occurrence of fires and to provide adequate fire protection facilities to control the spread of fire in wil dland-urban interface areas shall be in accordance with this code.

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This code establishes specific regulations to mitigate fire hazards within the wildland -urban interface areas of the city and supplements the city’s building and fire codes.

Sec. 15.66.030 Adoption of the 2025 CWUIC with Amendments.

The 2025 California Wildland Urban Interface Code (“CWUIC”) as published by the California Building Standards Commission is adopted by reference as the Wildland Urban Interface Code of the city of Fremont as if fully set forth herein and as amended by this chapter. A copy of the 2025 CWUIC is on file in the office of the city clerk.

Sec. 15.66.040 Adoption of certain 2025 CWUIC Appendices.

The following Appendices of the 2025 California Wildfire Urban Interface Code are adopted, as amended by this chapter, and made a part of the city’s Wildfire Urban Interface code.

Appendix Title
Appendix A General Requirements
Appendix B Vegetation Management Plan
Appendix F Characteristics of Fire-Smart Vegetation
Appendix G Voluntary Home Hardening Recommendations

Sec. 15.66.050 Amendment of 2025 CWUIC Appendix A.

Appendix A of the 2025 California Wildland Urban Interface Code is amended as follows:

A104.7 – A104.8.1 deleted
Sec. 15.66.060 Adoption of 2025 CWUIC Chapter 1, Division II (Scope and Administration) and Amendments to Section 101, 103 & 109.

Chapter 1, Division II of the 2025 California Wildland Urban Interface Code is adopted in its entirety, with local amendments made only to Sections 101, 103 and 109. References to model codes in the adopted sections shall mean the corresponding California Wildland Urban Interface Codes as adopted by the city of Fremont.
101.2 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 de fined in Chapter 2, Section 202 of the 2025 CWUIC.
101.3 {CWUIC text not modified}
101.3.1 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.

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Exceptions:

1. – 3. {CWUIC text not modified}

4. deleted.
101.3.1.1 – 106.4 {CWUIC text not modified}
103.2 Appointment. The Fire Marshal is the fire code official or the person in charge of the fire prevention bureau as appointed by the Fire Chief. The chief of the fire department shall recommend to the city manager the employment of technical consultants as appropriate. 103.3 Deputies. In accordance with the prescribed procedure s of this jurisdiction and with the concurrence of the appointing authority, the fire code official shall have the authority to appoint a deputy fire code official, other related technical officers, inspectors and other employees. Such employees shall have the powers delegated by the fire code official. 109.3.7 Violation Penalties. Any person who violates a provision of this code or fail s to comply with any of the requirements thereof , or who erects, installs, alters, repairs, or does any work in violations of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, is guilty of an offense as set forth in Fremont Municipal Code Section 1.15.010 et seq. 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. 15.66.070 Amendment to 2025 CWUIC Chapter 2, Section 202 (Definitions).

Section 202 of the 2025 California Wildland Urban Interface Code is amended by modifying the following definitions. The remaining definitions in Section 202 are not changed.

LOCAL RESPONSIBILITY AREA (LRA) means th ose 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. 15.66.080 Amendment to 2025 CWUIC Chapter 3 , Sections 301 and 302 (Wildland-Urban Interface Areas).

Section 301 of the 2025 California Wildland Urban Interface Code is amended by modifying the following:

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301.2 Purpose: The purpose of this Chapter is intended to comply with the requirements of Government Code Sections 51175 – 51189, and subdivision (a) of Section 4291 of the Public Resources Code, which requires 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 additional areas as Very High Fire Hazard Zones not otherwise designated by CALFIRE. By adopting this Chapter, the City exercises its authority to designate additional areas as Very High Fire Hazard Zones pursuant to Section 51179 of the Government Code.

In addition to the requirement of aforementioned Government and Public Resources Codes, the City adopts by reference the most current versions of Fremont Fire Department’s “Defensible Space Inspection Guide” and “Minimum Abatement Standards,” attached to this Ordinance as Exhibits A and B respectively and are hereby adopted as part of this ordinance.

These guidelines and standards are incorporated herein as a reference document and shall serve as a minimum standard for vegetation management and defensible space maintenance in the City’s designated Very High Fire Hazard Severity Zone Areas.

This classification is 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.

Section 302 of the 2025 California Wildland Urban Interface Code is amended as follows:

Section 302.1 Mapping. 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 “Fire Hazard Severity Zones in the City of Fremont,” which is approved by the City Council (ordinance 10 -2025) and attached to the Ordinance as Exhibit C and incorporated herein.

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. 15.66.090 Amendment to 2025 CWUIC Section 501 (Special Building Construction Regulations).

Section 501 of the 2025 California Wildland Urban Interface Code is amended as follows:
501.1 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 202. 501.2 {CWUIC text not modified}

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Sec. 15.66.100 Amendment to 2025 CWUIC Sections 503, 504 (Special Building Construction Regulations).

Section 503 of the 2025 California Wildland Urban Interface Code is amended as follows:
503.1.1Establishment 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.

503.2- 503.3.4 {CWUIC text not modified}
Section 504 of the 2025 California Wildland Urban Interface Code is amended as follows:
504.2 – 504.2.1 {CWUIC text not modified}
504.2.1.1 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 2025 California Building Code Section 1604 “General Design Requirements” and any other applicable engineerin g requirements, including Chapter 15, “Roof Assemblies and Rooftop Structures” of this code.
504.2.2 {CWUIC text not modified}
504.5 – 504.5.2.1 {CWUIC text not modified}
504.5.2.2 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.
504.6 – 504.7.1 {CWUIC text not modified}
504.7.1.2 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 cove red access opening for servicing such utilities shall be provided as required by appropriate codes.

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504.7.1.3 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 b uilding 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. 15.66.110 Amendment to 2025 CWUIC Section 602 (Fire Protection Plans).

Section 602 of the 2025 California Wildland Urban Interface Code is amended as follows:
602.1 {CFC text not modified}
602.2 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 history. The plan shall identify conformance with all applicable state wi ldfire 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 602.3
602.3.1 –602.3.2 {CFC text not modified}
602.4 Cost. The cost of fire protection plan preparation and review shall be the responsibility of the applicant.

SECTION 3. CEQA
The City Council finds, each as a separate and independent basis for CEQA compliance, that the ordinance is exempt from CEQA pursuant to: CEQA Guidelines Section 15378(b) in that proposed action constitutes organizational and administrative activities of government and is not a “project” which will result in direct or indirect physical changes in the environment; Section 15061(b)(3) because there is no possibility the activity will have a significant effect on the environment; Section 15268 in that approval of local legislation constitutes a ministerial action required by California law; and Section 15308 as the proposed action involves regulatory procedures for the protection of life, property, and the environment.

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SECTION 4. EFFECTIVE DATE
This ordinance shall take effect and be enforced beginning January 1, 2026.

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 pa ssed 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.

Within 15 days after adoption of this ordinance, the City Clerk shall cause the summary to be published again with the nam es 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.
* * *

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________
Mayor

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ATTEST:

__________________________________
City Clerk
APPROVED AS TO FORM:

_________________________________
City Attorney

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Attachment: Draft Ordinance- 2025 California Wildland Urban Interface Code (CWUIC) (5523 : 2025 California Building Standards Codes, Fire Resolution 2025-XX Page 1 of 15 DRAFT
RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FREMONT WITH FINDINGS OF LOCAL CONDITIONS
SUPPORTING AMENDMENTS TO THE 2025 CALIFORNIA FIRE
CODE AND THE 2025 CALIFORNIA WILDLAND URBAN

INTERFACE CODE ADOPTED BY THE CITY
WHEREAS, pursuant to California Health and Safety Code Section 17958 et seq., the City of Fremont (City) may adopt its own fire and building standards and regulations or submit to the state codes approved by the California Building Standards Commission; and WHEREAS, the City historically has adopted its own uniform regulations consisting of a combination of state building standards contained in the California Building Standards Code with amendments that address local conditions; and
WHEREAS, adoption of building and fire standards contained in the California Building Standards Code with local amendments require express findings that the amendments are reasonably necessary because of local climatic, geological, geographic, or topographic conditions; and
WHEREAS, on September 9, 2025, the City Council conducted a public hearing during which members of the public had the opportunity to be heard and the Council considered oral and written testimony provided therein concerning the proposed introduction of the 2025 California Fire Code and 2025 California Wildland Urban Interface Code including the local amendments; and
WHEREAS, the City Council introduced the two ordinances on September 9, 2025, and scheduled a second public hearing for September 16, 2025 for adoption of the ordinances.

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

SECTION 1. The City Council finds that the local amendments to the 2025 California Fire Code and 2025 California Wildland Urban Interface Code introduced by the City Council are reasonably necessary to address the local climatic, geological, geographic, and topographical conditions as described in Attachment 1, attached hereto and incorporated into this resolution by reference.

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Attachment: Draft Resolution- 2025 Building Standards Code Findings Conditions (5523 : 2025 California Building Standards Codes, Fire Code Resolution 2025-XX Page 2 of 15 ADOPTED ___________ 2025, 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: Draft Resolution- 2025 Building Standards Code Findings Conditions (5523 : 2025 California Building Standards Codes, Fire Code Resolution 2025-XX Page 3 of 15 ATTACHMENT 1 TO RESOLUTION 2025-XX

LOCAL CONDITIONS SUPPORTING AMENDMENTS TO THE 2025 CALIFORNIA FIRE CODE AND 2025 CALIFORNIA WILDLAND URBAN INTERFACE CODE AS

ADOPTED BY THE FREMONT CITY COUNCIL

INTRODUCTION
City of Fremont Ordinances XX-2025 and XX-2025 contain amendments, deletions and additions to the building standards contained in the 2025 California Building Code, 2025 Mechanical Code, 2025 Residential Code , 2025 Existing Building Code, 2025 California Fire Code, and the 2025 California Wildland Urban Interface 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 179 58, 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 Routes 84, 238 and 262. The Union Pacific and Bay Area Rapid Transit railroad tracks also wind through the City of Fremont.

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Attachment: Draft Resolution- 2025 Building Standards Code Findings Conditions (5523 : 2025 California Building Standards Codes, Fire Code Resolution 2025-XX Page 4 of 15 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 2025 California Building Code, 2025 Mechanical Code, 2025 Residential Building Code, 2025 California Existing Building Code, 2025 California Fire, and the 2025 California Wildland Urban Interface 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 c onditions 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/Extreme Heat . Temperatures have been recorded as high as 109°F.

Average summer highs are in the 80°F range. Fremont is projected to experience increased annual average temperatures and additional heat waves over the coming decades. The daily average temperature is projected to increase up to 3.5 °F by 2050 with approximately 12 to 16 days above 90°F by 2050. Periods of extreme heat can also worsen local air quality, especially when combined with wildfire smoke.
e. Wildfire Risk. Fremont has very high fire hazard severity zones in many areas of the city. Climate change is expected to worsen many of the factors that contribute to wildfire risk through increased intensity of droughts and by creating hotter and drier landscapes more susceptible to burning. The increase in fuel loads combined with the increa sing frequency and severity of intense wind conditions will cause fires to spread rapidly and irregularly. Additionally, Fremont residents will be impacted by smoke from wildfires originating outside of the city.

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Attachment: Draft Resolution- 2025 Building Standards Code Findings Conditions (5523 : 2025 California Building Standards Codes, Fire Code Resolution 2025-XX Page 5 of 15 f. 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. In building fires, winds can force fires b ack 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 incre ase 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; cons equently, 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.

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Attachment: Draft Resolution- 2025 Building Standards Code Findings Conditions (5523 : 2025 California Building Standards Codes, Fire Code Resolution 2025-XX Page 6 of 15 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 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 ac cess roads in the City such as Morrison Canyon Road, which is currently closed in the midway section , Mill Creek Road, Interstate 680, Niles Canyon Road, and Sabercat Road , which lie downhill from area s 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, redwo ods 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 circulati on corridor, sections of the City may become temporarily isolated and response times for emergency crews increased beyond ideal times.

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Attachment: Draft Resolution- 2025 Building Standards Code Findings Conditions (5523 : 2025 California Building Standards Codes, Fire Code Resolution 2025-XX Page 7 of 15 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 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

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Attachment: Draft Resolution- 2025 Building Standards Code Findings Conditions (5523 : 2025 California Building Standards Codes, Fire Code Resolution 2025-XX Page 8 of 15 (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 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 activit ies 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 recr eational 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.

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Attachment: Draft Resolution- 2025 Building Standards Code Findings Conditions (5523 : 2025 California Building Standards Codes, Fire Code Resolution 2025-XX Page 9 of 15 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 ; i ncreased w ildfire hazard; and subsidence. F ire hazard increases whe re 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 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 a nd 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.

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Attachment: Draft Resolution- 2025 Building Standards Code Findings Conditions (5523 : 2025 California Building Standards Codes, Fire Code Resolution 2025-XX Page 10 of 15 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 2025 California Building Code, 2025 California Me chanical Code, 2025 California Residential Building Code, 2025 California Existing Building, 2025 California Fire Code , and 2025 California Wildland -Urban Interface Code be changed or modified to mitigate the effects of the above conditions.

PART II:

SPECIFIC MODIFICATIONS
A. Amendments to the 2025 California Fire Code & 2025 California Wildland-Urban Interface 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 toxi c 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 , wildland 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 and the California Wildland-Urban Interface Code are designed to mitigate the response time delays, increase survivability, and mitigate the impact of hazardous materials incidents , fires, and wildfires 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, wildland fires or hazardous materials releases in the City of Fremont.

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Attachment: Draft Resolution- 2025 Building Standards Code Findings Conditions (5523 : 2025 California Building Standards Codes, Fire Code Resolution 2025-XX Page 11 of 15

1. Modification to 2025 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 2025 California Fire Code Sections 903, 904, and 905 (Fire Extinguishing Systems)
Local Conditions Part I B.1.a through B.1.f and B.2.a through B.2.j 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 na ture 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 2025 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

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Attachment: Draft Resolution- 2025 Building Standards Code Findings Conditions (5523 : 2025 California Building Standards Codes, Fire Code Resolution 2025-XX Page 12 of 15 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 2025 California Wildfire Urban Interface Code Sections 101, 103, 109, 202, 301, 302, 501, 504, and 602 (Wildland-Urban Interface Fire Areas) Local Conditions Part I B.1.a through B.1.f and B.2.a, B.2.c through B.2.i 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 sy stem 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.

Fires in Los Angeles, Palisades, Eaton, Santa Barbara, the Oakland Hills and Malibu have shown that fires in hill areas spread rapidly and, in all 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.

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

5. Modifications 2025 California Fire Code Sections 202, 5001, 5003-5005, 5701, 5703, 5705 and 6004 (Hazardous Materials Related Requirements)

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Attachment: Draft Resolution- 2025 Building Standards Code Findings Conditions (5523 : 2025 California Building Standards Codes, Fire Code Resolution 2025-XX Page 13 of 15 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 seconda ry 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.

6. Modifications to 2025 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.

7. Modifications to 2025 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.

Prepared and Submitted by:

______________________________
Zoraida Diaz
Fire Chief

______________________________
Eric Govan
Fire Marshal

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Attachment: Draft Resolution- 2025 Building Standards Code Findings Conditions (5523 : 2025 California Building Standards Codes, Fire Code Resolution 2025-XX Page 14 of 15

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.

Fremont City CouncilSeptember 9, 2025

Fremont City Council
September 9, 2025