Agenda packet, regular meeting — Fremont City Council, November 4, 2025 (part 1 of 2)

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
November 04, 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 - November 04, 2025

November 4, 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 November 4, 2025, City Council meeting online via Zoom https://us06web.zoom.us/j/89274263672 Webinar ID: 892 7426 3672

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.

November 4, 2025 Fremont City Council Page 3

REVISED
Agenda
Fremont City Council Regular Meeting
November 04, 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:

Luminary Hotel and Co.
2200 Edwards Drive
Fort Myers, FL 33901

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. CONSTRUCTION MATERIALS TESTING SERVICES - Approval of Agreements for On-Call Construction Materials Testing Consultant Services in the Amount of $1,250,000 per Agreement with Achievement Engineering Corporation, BSK Associates, and Geocon Consultants, Inc.; Make Findings of CEQA Exemption
Contact Persons:

Name: Jeanne Suyeishi Hans Larsen
Title: Principal Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4728 510-494-4722
E-Mail: [email protected] [email protected]
November 4, 2025 Fremont City Council Page 4

RECOMMENDATIONS:

1. Authorize the City Manager, or designee, to execute a Master Service Agreement for on-call construction materials testing and inspection consultant services with the following consultants:
a. Achievement Engineering Corporation with a total not-to-exceed compensation of $1,250,000 for five years.
b. BSK Associates with a total not-to-exceed compensation of $1,250,000 for five years.
c. Geocon Consultants, Inc., with a total not-to-exceed compensation of $1,250,000 for five years.

2. Find that the actions are exempt from environmental review, each as a separate and independent basis for CEQA compliance, under CEQA Guidelines, Section 15378 (administrative and funding activity not a “project” under CEQA) and Section 15061 (no possibility the activity may have significant effect on the environment).

3. Ceremonial Items
A. Proclamation: Lung Cancer Awareness Month (November 2025)

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. 2025 CALIFORNIA BUILDING STANDARDS CODES ADOPTION – Public Hearing (Published Notice) to Introduce an Ordinance Adopting by Reference, with amendments, the 2025 California Building Standards Codes, Adopting by Reference Certain Appendix Chapters of the 2025 California Building Standards Codes, and Adopting by Reference and Amending the 2024 International Swimming Pool and Spa Code and the 2024 International Property Management Code, and Adoption of the Resolution Containing Supporting Findings and Determinations.

Contact Persons:

Name: Mike Wayne Joel Pullen
Title: Building Official Community Development Director Dept: Community Development Community Development
Phone: 510-494-4487 510-494-4436
E-Mail: [email protected] [email protected]
November 4, 2025 Fremont City Council Page 5

RECOMMENDATIONS:

1. Hold public hearing.

2. Waive full reading and introduce ordinance and schedule a public hearing for November 18, 2025, to adopt by reference, with amendments, the 2025 California Building, Electrical, Plumbing, Mechanical, Residential, Green Building, Energy, Historical Building, and Existing Buildings Codes, the 2024 International Property Maintenance Code, and the 2024 International Swimming Pool and Spa Code.

3. Direct the City Clerk to publish a notice of public hearing set for November 18, 2025, to consider adoption of the ordinance in accordance with Government Code Sections 6066 and 50022.3 and to publish a summary of the ordinance.

B. AMENDMENT TO MASTER FEE SCHEDULE – Public Hearing (Published Notice) to Consider an Amendment to Master Fee Resolution 8672 (Master Fee Schedule) to Make Minor Adjustments to Building User Fees and Establish Affordable Housing Processing Fees and Making Findings of CEQA Exemption.

Contact Persons:

Name: Jennifer Craven Joel Pullen
Title: Business Manager Community Development Director
Dept: Community Development Community Development
Phone: 510-494-4554 510-494-4436
E-Mail: [email protected] [email protected]

RECOMMENDATION: Adopt a resolution approving an amendment to Master Fee Resolution 8672 (Master Fee Schedule) as drafted in Attachment 1.

C. LOPES ROAD MULTIFAMILY DEVELOPMENT APPEAL - Public Hearing (Published Notice) to Consider a First-Party (Project Proponent) Appeal of the Planning Commission’s Decision To Uphold Staff’s Determination Regarding the Use of a Concession Under State Density Bonus Law to Lower an Adopted Minimum Residential Density Below That Required by the City’s General Plan, Warm Springs/South Fremont Community Plan, and Corresponding Zoning Ordinance for a Housing Project Proposed Within the Transit-Oriented Development (TOD) Overlay District Adjacent to the BART Station Submitted Under PLN2025-00253, and a Finding that No Environmental Review is Required For the Appeal Action As, In Isolation, It Is Not Considered a “Project” Under CEQA Guidelines Section 15378; and, Without Limitation, CEQA Guidelines Section 15270 (Projects Which Are Disapproved), As CEQA Does Not Apply to Projects Which a Public Agency Rejects Or Disapproves; And/Or CEQA Guidelines Section 15061(b)(3) (Review For Exemption), In That There is No Possibility That Action On the Appeal Would Have a Significant Effect On the Environment.

Each Of the Foregoing Provides an Independent Basis For Exemption.

Contact Persons:

Name: Kevin Lee Joel Pullen
Title: Planner I Community Development Director
Dept: Planning Community Development
Phone: 510-494-4521 510-494-4436
E-Mail: [email protected] [email protected]
November 4, 2025 Fremont City Council Page 6

RECOMMENDATIONS:

1. Hold public hearing.

2. Adopt the attached Resolution that:
a. Finds that the action on the Appeal is exempt from the California Environmental Quality Act (CEQA), pursuant to, without limitation, each as a separate and independent basis, CEQA Guidelines Section 15378 (Project), as the action on the Appeal is not considered a “project”; CEQA Guidelines Section 15270 (Projects Which Are Disapproved), as CEQA does not apply to projects which a public agency rejects or disapproves; and/or CEQA Guidelines Section 15061(b)(3) (Review for Exemption), in that there is no possibility that action on the Appeal would have a significant effect on the environment;
b. Finds the proposed concession to reduce the required minimum density is inconsistent with and contrary to State law and should be denied pursuant to Government Code Section 65915(d)(1)(C) the fundamental purpose, goals, and policies for the transit-oriented development outlined in the City’s General Plan and Warm Springs/South Fremont Community Plan; and standards of the Zoning Ordinance; and
c. Denies the Appeal and upholds the September 25, 2025 Planning Commission action to deny the initial first-party Appeal.

6. Other Business
A. FISCAL YEAR 2024/25 YEAR-END BUDGET REPORT - Informational Report and Presentation of Year-End Results for FY 2024/25
Contact Persons:

Name: David Persselin
Title: Finance Director
Dept: Finance Department
Phone: 510-494-4631
E-Mail: [email protected]

RECOMMENDATION: Accept the report and presentation.

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

B. Appointments to Boards, Commissions, Committees - None.

C. Legislative Actions - None.

D. Report on Committee Assignments

8. Adjournment
November 4, 2025 Fremont City Council Page 7

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

November 4, 2025 Fremont City Council Page 8

UPCOMING MEETING AND CHANNEL 27

BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 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)
January 6, 2026 7:00 p.m. City Council Meeting Council
Chambers Live
January 13, 2026 7:00 p.m. City Council Meeting Council Chambers Live
January 20, 2026 7:00 p.m. City Council Meeting Council Chambers Live
January 27, 2026 5:30 p.m. CC/FUSD Liaison
Committee Meeting City Hosts Live
February 3, 2026 7:00 p.m. City Council Meeting Council Chambers Live
February 10, 2026 7:00 p.m. City Council Meeting Council Chambers Live
February 17, 2026 7:00 p.m. City Council Meeting Council Chambers Live
February 24, 2026 No meetings

Fremont City Council Meeting: 11/04/25 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5563) DOC ID: 5563
Updated: 10/30/2025 11:36 AM by Dina Lewis Page 1
CONSTRUCTION MATERIALS TESTING SERVICES - Approval of Agreements for On-Call Construction Materials Testing Consultant Services in the Amount of $1,250,000 per Agreement with Achievement Engineering Corporation, BSK Associates, and Geocon Consultants, Inc.; Make Findings of CEQA Exemption Contact Persons:

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

Executive Summary: The purpose of this report is to facilitate the procurement of on-call construction materials testing and inspection consultant services as needed to support the City’s public works projects.

BACKGROUND: On-call consultant service agreements are used for services requiring expertise that City staff does not have and/or to supplement City staff during periods of peak work demand.

The work performed under this agreement will include testing of construction materials and special inspections for capital improvement projects. Special inspections may include concrete, structural and reinforcing steel, masonry, grout and other building elements.

DISCUSSION/ANALYSIS: In August 2025, the City solicited proposals for On-Call Construction Materials Testing Services. The selected consultants will work under a five -year Master Service Agreement.

Eleven proposals were received from construction materials testing and inspection consulting firms, listed alphabetically: Achievement Engineering Corporation, Applied Materials & Engineering, Inc., BSK Associates, Certerra RMA Group, Consolidated Engineering Laboratories, Construction Testing Services, Inc., Geocon Consultants, Inc., ISI Inspection Services, Inc., Ninyo & Moore, Signet Testing Laboratories, Inc., and Twining, Inc.

An evaluation panel comprised of City staff evaluated all the proposals based on the Consultant’s qualifications, experience of assigned personnel, their ability to respond in a timely manner, completeness of the proposal, and their overall and local experience to perform the required services.

Based on the results of the evaluation process, staff recommends authorizing the approval of three separate master agreements for on-call construction materials testing and inspection consultant services with Achievement Engineering Corporation, BSK Associates, and Geocon Consultants, Inc., in the not-to-exceed amount of $1,250,000 per agreement, over a period of five years.

2.C
Packet Pg. 9
Council Staff Report (ID # 5563) Meeting of November 4, 2025 Updated: 10/30/2025 11:36 AM by Dina Lewis Page 2
FISCAL IMPACT: All task orders issued and work performed by consultants under the on-call Master Service Agreement will be restricted to the funds appropriated and available for the specific project for which the work is required.

ENVIRONMENTAL REVIEW: Environmental review is not required because award of this agreement is not a project within the meaning of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15061 (b)(3) and 15378(b) as it can be seen with certainty that there is no possibility that award of the contract will have a significant effect on the environment and the award is an administrative activity that will not result in an effect on the physical environment. The projects that the consultant will provide services for will be subject to appropriate environmental review.

ATTACHMENTS: None.

RECOMMENDATIONS:

2.C
Packet Pg. 10
Fremont City Council Meeting: 11/04/25 07:00 PM
3300 Capitol Avenue Div/Dept: Community Development
Fremont, CA 94538 Category: Code Adoptions & Amendments

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5534) DOC ID: 5534
Updated: 10/30/2025 11:29 AM by Dina Lewis Page 1
2025 CALIFORNIA BUILDING STANDARDS CODES ADOPTION – Public Hearing (Published Notice) to Introduce an Ordinance Adopting by Reference, with amendments, the 2025 California Building Standards Codes, Adopting by Reference Certain Appendix Chapters of the 2025 California Building Standards Codes, and Adopting by Reference and Amending the 2024 International Swimming Pool and Spa Code and the 2024 International Property Management Code, and Adoption of the Resolution Containing Supporting Findings and Determinations.

Contact Persons:

Name: Mike Wayne Joel Pullen
Title: Building Official Community Development Director Div/Dept: Community Development Community Development
Phone: 510-494-4487 510-494-4436
E-Mail: [email protected] [email protected]

Executive Summary: The State of California adopts a set of new construction codes every three years, referred to as the California Building Standards Codes, with the next cycle of updates to become effective January 1, 2026. The purpose of this agenda item is to introduce the new 2025 California Building Standards Codes with certain administrative and technical amendments based on Fremont’s local conditions. The proposed administrative and technical changes continue current provisions in the Fremont Building Codes related to soils susceptible to liquefaction and corrosive soils and address some code deficiencies required to address structural changes and local conditions resulting from the City’s proximity to the Hayward and Calaveras earthquake faults. These provisions are in addition to California Fire Code changes brought forth to the City Council on September 16, 2025, to ensure consistency and continuity between the respective codes. On October 8, 2025, an informational meeting was held with representatives of the building industry to present amendments to the standard codes.

Staff recommends that the City Council introduce ordinances tonight to adopt changes to the California Building Standards Codes, including local amendments, and schedule a second public hearing for November 18, 2025 to formally adopt the codes. Additionally, staff recommends adoption, by reference, of the 2024 International Swimming Pool and Spa Code and the 2024 International Property Maintenance Code with amendments.

BACKGROUND: On June 30, 2025, the California Building Standards Commission (CBSC) adopted a complete set of new building codes based on the latest international and national model building codes. These regulations are referred to as the California Building Standards Code and are codified in California Code of Regulations, Title 24 (“Model Code”). The 2025 Model Code replaces current codes and becomes effective on January 1, 2026. The Model Code is mandatory and must be enforced by local government agencies.

The adoption of the new Model Code is a triennial process done by the CBSC, which is responsible for reviewing, adopting, and publishing building standards for the State of California. Through the code adoption process, the CBSC selects and approves a Model

5.A
Packet Pg. 11
Council Staff Report (ID # 5534) Meeting of November 4, 2025 Updated: 10/30/2025 11:29 AM by Dina Lewis Page 2
Code, which participating State agencies, such as State Fire Marshal (SFM), Division of the State Architect (DSA), and California Department of Health Care Access and Information (HCAI) have an opportunity to review and amend for the occupancy groups under their respective authorities.

The State allows local agencies to adopt amendments to the Model Code and building standards as long as they are more restrictive than state standards and are based on findings justifying local restrictions based on local geologic, climatic, and topographic conditions, per California Health & Safety Code Section 17958. Amendments to administrative provisions of the Model Code do not require local findings. This year’s code adoptions are further limited by Health and Safety Code Section 17958 (b)(1), which states that the changes or modifications relating to residential uses are substantially equivalent to changes or modifications that were previously filed by the governing body of the city or county and were in effect as of September 30, 2025. All local amendments included in this triennial cycle that are applicable to residential development comply with this requirement, and the City has further endeavored to reduce unnecessary local amendments, reducing the complexity of development review while maintaining essential safety standards.

In accordance with the California Building Standards Commission Information Bulletin 25-01, all applications for building permits submitted on or after January 1, 2026, are subject to compliance with the 2025 California Building Standards Code. The 2022 California Building Standards Code remains in effect and applies to plans, specifications, and construction performed where the application for a building permit is received on or before the City’s last business day of 2025 on December 23, 2025.

The City’s adoption of the 2025 Model Code includes the following specific codes/regulations:

• 2025 California Building Code Volumes 1 & 2
• 2025 California Mechanical Code
• 2025 California Plumbing Code
• 2025 California Electrical Code
• 2025 California Existing Buildings Code
• 2025 California Historical Building Code
• 2025 California Energy Code
• 2025 California Residential Code
• 2025 California Green Building Code

Included with the adoption of the 2025 Model Code is the 2024 International Property Maintenance Code (IPMC), which sets minimum standards for the maintenance of existing commercial and residential properties to protect public health, safety and welfare. It helps ensure properties are kept in good repair, free from blight and hazards and that they are sanitary and livable. When necessary, it provides the City authority to abate structures that are imminent hazards to the public. Staff also recommends adopting the 2024 International Swimming Pool and Spa Code (ISPSC), which provides minimum requirements for the design, construction, alteration, repair and maintenance of swimming pools and spas; these regulations are no longer included in the California Building Standards Code and therefore require specific adoption by the City.

5.A
Packet Pg. 12
Council Staff Report (ID # 5534) Meeting of November 4, 2025 Updated: 10/30/2025 11:29 AM by Dina Lewis Page 3
DISCUSSION/ANALYSIS: The City has historically adopted the California Building Standards Code, with amendments, in the areas listed below. The proposed amendments represent a continuation of most of the local amendments currently in effect and have all been in effect prior to September 30, 2025.

A brief discussion of the local amendments proposed and the changes under this ordinance include:

1. Administrative Amendments;

2. Soil Reports, Geotechnical Investigation, and Foundation Construction;

3. Roof Coverings;

4. Fire Sprinkler Provisions and Dwelling Separation;

5. Plumbing Code Amendments;

6. Mechanical Code Amendments;

7. Electrical Code Amendments;

8. California Residential Code;

9. International Property Maintenance Code;

10. International Swimming Pool and Spa Code; and

11. Appendices in 2025 California Building Standards Code.

1. Administrative Amendments: The administrative amendments for the codes include:
• work that requires a building permit;
• information required to obtain the permit;
• valid dates of the permit and its expiration;
• application process to obtain a building permit;
• appeal process for a denial of a permit;
• penalties for violations of the ordinance; and
• authority of the Building Official.

Further, the local amendments require plats of survey when deemed necessary, soil observation and structural observation, the issuance of certificates of occupancy at the time of occupancy changes, and defined conditions for temporary certificates of occupancy. The administrative amendments related to enforcement and appeals are the same amendments previously adopted and include appeals to the Building Appeals Board. Identical provisions to these amendments to the Model Code are currently in effect in the City.

2. Soils Reports, Geotech Investigation, and Foundation Construction: All current soil investigations and foundation observations are being carried forward into the 2025 Code. This is addressed currently in State law but clarified in the Fremont Municipal Code as to when a project would require a geotech investigation. The amendments also provide specific construction requirements for shallow foundations and a mesh requirement for slabs on the ground.

3. Roof Coverings: The proposed amendments carry forward the amendments previously adopted and include decking requirements for concrete and clay tile and a certification requirement applicable to roof coverings.

Fire Sprinkler Provisions and Dwelling Separation: The proposed amendments carry forward the amendments previously adopted and include maintaining fire resistance of walls separating sleeping units in hotels and motels and extend this requirement to

5.A
Packet Pg. 13
Council Staff Report (ID # 5534) Meeting of November 4, 2025 Updated: 10/30/2025 11:29 AM by Dina Lewis Page 4
duplexes. This firewall specification is already required for all other multi -unit residential buildings. Furthermore, the proposed amendments do not allow a reduction of the rated floor or wall assemblies from 1 hour to ½ hour for any duplexes or multi-residential hotels and motels. The amendments also cross reference the fire sprinkler requirements in the California Fire Code as amended by the Fremont Municipal Code.

4. California Plumbing Code Amendments: The proposed amendments carry forward the amendments previously adopted and include the requirement of installing of a seismic- actuated gas shutoff valve.

5. California Mechanical Code Amendments: The proposed amendments relate to hoods and ducts to protect against fires. The protection of hoods and ducts in an enclosure by fire-rated materials is to restrict grease duct fires to the hood and duct and prevent it from spreading to the rest of the building. There have been several grease duct fires in Fremont in single-story buildings. These fires have been contained by shafts. If the shaft had not been fire-rated, the fire would have very easily spread to the roof. The proposed amendment to the California Mechanical Code will ensure that any new hood or duct is enclosed by fire-rated materials. All proposed amendments are identical to amendments currently in place in the City.

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

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

7. California Existing Building Code Amendments: The proposed amendments carry forward the amendments previously adopted and include an existing table that ranks relative hazards between different occupancies and establishes when installation of fire sprinklers will be required when a building changes occupancy group. The amendments also refer to the local amendments to the California Fire Code previously adopted in the Fremont Municipal Code.

8. California Residential Code Amendments: The proposed amendments carry forward the amendments previously adopted. The administrative chapter of the California Residential Code is not adopted but refers to the administrative provisions of the California Building Code. The technical amendments are identical to the amendments for adoption to California Building Code.

9. International Property Maintenance Code Amendments: During the past three Model Code adoptions, the City also adopted the most current International Property Maintenance Code and staff has successfully used the ordinance to ensure that buildings throughout the City are maintained in a safe condition. The proposed amendments carry forward the amendments previously adopted, including replacing the appeals section with a reference to the appeals procedure in the Neighborhood Preservation Ordinance, FMC Chapter 8.60. This appeal process has been successfully used for years for enforcement.

10. International Swimming Pool and Spa Code Amendments; The proposed amendments are mostly administrative and identical to amendments currently in place in the City of Fremont.

5.A
Packet Pg. 14
Council Staff Report (ID # 5534) Meeting of November 4, 2025 Updated: 10/30/2025 11:29 AM by Dina Lewis Page 5

11. California Building Standards Code Appendixes: Appendices are not adopted as part of the Model Code. They are provided in the Model Code to offer optional or supplemental criteria to the provisions in the main chapters of the Model Code. The provisions below are currently in effect in the City of Fremont. The proposed ordinance adopts the following appendix chapters of the 2025 California Building Standards Code and references:

California Building Code:
• Appendix A: This appendix contains employment qualifications that coincide with state requirements.
• Appendix C: This appendix contains provisions for the construction of agricultural buildings.
• Appendix F: This appendix includes provisions that require rodent-proofing of dwellings.
• Appendix G: This appendix contains provisions for flood-resistant construction. • Appendix I: This appendix contains requirements for patio covers. • Appendix Q: This appendix contains provisions for emergency housing.

California Residential Building Code:
• Appendix BB: This appendix contains provisions for tiny house designs. • Appendix BF: This appendix contains requirements for patio covers. • Appendix BG: This appendix contains provisions for sound transmission between attached dwelling units.
• Appendix BO: This appendix contains provisions for the construction of Existing Buildings and Structures.
• Appendix CI: This appendix contains provisions for swimming pools and spas. • Appendix CJ: This appendix contains provisions for emergency housing.

California Mechanical Code:
• Appendix B: This appendix contains procedures to be followed to place gas equipment in operation.
• Appendix C: This appendix contains provisions for the installation and testing of oil (liquid) fuel-fired equipment.
• Appendix D: This appendix contains provisions for fuel supply at manufactured/mobile home parks and recreational vehicles.

California Plumbing Code:
• Appendix A: This appendix contains provisions for the sizing of water supply systems.
• Appendix B: This appendix contains provisions for the sizing of combination waste and vent systems.
• Appendix D: This appendix contains provisions for the sizing of storm water systems.

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

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

5.A
Packet Pg. 15
Council Staff Report (ID # 5534) Meeting of November 4, 2025 Updated: 10/30/2025 11:29 AM by Dina Lewis Page 6

Resolution of Local Condition Findings: Health and Safety Code Sections 17958, 17958.5, and 17958.7 require the City Council to make findings regarding local climatic, geological, and topographical conditions before adopting local amendments to the State-adopted California Building Standards Code. The proposed amendments to the Model Code are based primarily on earthquake and soils conditions in the City. Proposed findings include a map showing areas prone to liquefaction, fault line proximity, and areas of corrosive soils. The proposed findings are enclosed with this staff report; however, the City Council will not be asked to adopt the findings by resolution until the second reading of the ordinances on November 18, 2025.

Public Notice and Outreach: On October 8, 2025, an informational meeting with building industry stakeholders was held to present the proposed amendments to the standard codes.

Additionally, a public hearing notice was published as a display ad in the Tri-City Voice on October 7, 2025.

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

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

ATTACHMENTS:
• Draft Ordinance- 2025 Building Code Update
• Draft Resolution- 2025 Bldg Code Findings

RECOMMENDATIONS:

1. Hold public hearing.

5.A
Packet Pg. 16
Ordinance XX-2025 1 of 49

ORDINANCE NO. XX-2025

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FREMONT ADOPTING BY REFERENCE , WITH AMENDMENTS: (1)
THE 20 25 CALIFORNIA TITLE 24 CODES ( BUILDING,

MECHANICAL, PLUMBING, ELECTRICAL, EXISTING BUILDING,

HISTORICAL BUILDING, ENERGY, RESIDENTIAL BUILDING,
GREEN BUILDING STANDARDS), (2) THE 2024 INTERNATIONAL POOL AND SPA CODE , AND (3) THE 20 24 INTERNATIONAL
PROPERTY MAINTENANCE CODE; AND REPEALING AND
REPLACING FREMONT MUNICIPAL CODE TITLE 15 - BUILDINGS
AND CONSTRUCTION , DIVISION 1 , FREMONT BUILDING

STANDARDS CODE

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

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

Each section of the California Building Standards Code that is modified by the City of Fremont is listed. However, whole subsections may not be modified, and those unmodified subsections are indicated by the subsection number followed by “{CBC text not modified}” with the appropriate acronym for the specific Building Standards Code. The unmodified subsections are to be codified as written in the California Code. Each subsection that is deleted in its entirety by the City of Fremont is indicated by the subsection number followed by “deleted”.

SECTION 2. FMC CHAPTER 15.05 REPEALED AND REPLACED
Chapter 15.05 (General Provisions) of Fremont Municipal Code Title 15 (Buildings and Construction), Division 1 (Fremont Building Standards Code) is repealed and replaced to read as follows:

Sec. 15.05.010 Title.

This division shall be known and may be cited as the “Fremont building standards code” or “FBSC.” The Fremont building standards code consists of the California Building Standards Code, as codified in Title 24 of the California Code of Regulations, and as amended by this division.

5.A.a
Packet Pg. 17
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 2 of 49

Sec. 15.05.020 Administration & Enforcement.
(a) The building and safety division is responsible for the administration and enforcement of the provisions of Title 15, Division 1, Chapters 15.05 through 15.30 and Chapters 15.40 through 15.49 of this code. “Building official” as referenced in this code means the building official.

(b) The fire prevention bureau, under the direction of the fire chief, is responsible for the administration and enforcement of the provisions of Chapter 15.35. “Fire marshal” as referenced in this division means the individual specified by the fire chief under Section

15.35.020(b).

Sec. 15.05.030 Permit Applications Pending as of December 31, 2025.

The provisions of this division shall take effect on January 1, 2026, except that where complete working drawings, plans, structural designs and specifications for buildings have been filed for building permits before this date, permits may be issued based on the previous ordinances and codes effective at the time of filing, and the applicant may proceed with the construction, provided physical construction is started within 365 days from the date of issuing the permit and continued to completion. Where construction has not commenced within 365 days of the issuance of a building permit which has been issued under any previous ordinance, no renewal or extension of such building permit shall be granted unless all of the requirements of the 2025 California Building Standards Code, as amended by the city of Fremont, are met.

Sec. 15.05.040 Findings.

The city council has adopted updated findings by resolution under Health and Safety Code Section 17958.7 for local modifications to the building standards contained in the 2025 California Building Standards Code based on local climatic, geological and topographical conditions as required by Health and Safety Code Sections 18941.5 and 17958.5.

Sec. 15.05.050 Violations.

A violation of any provision or failure to comply with any mandatory requirement of this division shall constitute an offense as set forth in Section 1.15.010. Each person, firm or corporation shall be charged with a separate offense for each and every day during any portion of which any violation of this division is committed, continued, or permitted by the person, firm or corporation and shall, upon conviction, be punished as set forth in Section 1.15.020.

It is hereby declared that any violation of this division constitutes a public nuisance, and in addition to any other remedies provided by this division for the enforcement of this division, the Fremont city attorney may bring a civil or criminal action to enjoin the violation of any provision of this division or pursue any other legal remedy.

5.A.a
Packet Pg. 18
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 3 of 49

The remedies described in this division are cumulative and in addition to any other remedies available for a violation of this division.

Sec. 15.05.060 Duties are discretionary.

Notwithstanding any other provision of this title or any provision of the California Building Standards Code, whenever the words “shall” or “must” are used in establishing a responsibility or duty of the city, its elected or appointed officers, employees, or agents, it is the legislative intent that such words establish discretionary responsibility or duty requiring the exercise of judgment and discretion.

All inspections specified herein shall be at the discretion of the fire code official and nothing in the California Building Standards Code or in the Fremont Municipal Code shall be construed as requiring the city to conduct any such inspection nor shall any actual inspection made imply a duty to conduct any other inspection. Furthermore, neither the California Building Standards Code nor the Fremont Municipal Code shall be construed to hold the city or any officers, employees or representatives of the city responsible for any damage to persons or property by reason of making inadequate or negligent inspection or by reason of any failure to make an inspection or reinspection.

Sec. 15.05.070 Appeals.

(a) Where the provisions of this title allow for a board of appeals, the board shall be the building appeals board created in chapter 2.20, article XVII.

(b) Pursuant to government code section 65913.3, an applicant for a post-entitlement permit under title 15 may appeal the determination that a post-entitlement permit is incomplete, denied or determined to be noncompliant only to the planning commission pursuant to chapter 18.300 as that chapter relates to the planning commission.

SECTION 3. FMC CHAPTER 15.10 REPEALED AND REPLACED

Chapter 15.10 (Fremont Building Code) of Fremont Municipal Code Title 15 (Buildings and Construction), Division 1 (Fremont Building Standards Code) is repealed and replaced to read as follows:

Sec. 15.10.010 Title.

This chapter shall be known and may be cited as the “Fremont building code” or “FBC” and will be referred to in this chapter as “this code.”

Sec. 15.10.020 Adoption of the 2025 CBC with Amendments.

5.A.a
Packet Pg. 19
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 4 of 49

The 2025 edition of the California Building Code (“CBC”) as published by the International Code Council is adopted as the Building Code of the city of Fremont, California, as if fully set out in this chapter and is amended as provided in this chapter. A copy of the 2025 CBC shall be maintained on file in the office of the building official.

Sec. 15.10.030 Adoption of Certain 2025 CBC Appendices.

The following Appendices of the 2025 California Building Code are adopted by the city of Fremont. The remaining Appendices are not adopted.

(a) Appendix A (Employee Qualifications).

(b) Appendix C Group U (Agricultural Buildings).

(d) Appendix G (Flood-Resistant Construction).

(e) Appendix I (Patio Covers).

(f) Appendix Q (Emergency Housing), which shall apply so long as the chapter remains in effect, as it may be amended from time to time by the California Building Standard Commission, and during the pendency of a shelter crisis declaration.

Sec. 15.10.040 Adoption of 2025 CBC Chapter 1, Division II.

Chapter 1, Division II of the 2025 California Building Code is adopted by the city of Fremont and made a part of the Fremont Building Code, unless amended in this chapter. References to model codes in the adopted sections shall mean the corresponding California Codes as adopted by the city of Fremont.

Sec. 15.10.050 Amendment of 2025 CBC Section 101 (General).

Section 101 of the 2025 California Building Code is amended as follows:
101.4 -101.4.8 {CBC text not modified}
101.4.9 Green Building Standards. The provisions of the 2025 California Green Building Standards Code shall apply to all matters governing the “green building” related planning, design construction, operation, use and occupancy of newly constructed buildings.
101.4.10 Residential Buildings. The provisions of the 2025 California Residential Code shall apply to all matters governing the design and construction of detached, 1 and 2

5.A.a
Packet Pg. 20
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 5 of 49

family dwellings, townhouses not more than 3 stories and separate means of egress, and structural accessory thereto.
101.4.11 Electrical. The provisions of the 2025 California Electrical Code shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. 101.4.12 Historical Buildings. The provisions of the 2025 California Historical Code Part 8 shall apply to the alteration, addition, and relocation to qualified historical buildings or properties.

Sec. 15.10.060 Amendment of 2025 CBC Section 104 (Duties and Powers of the Building Official).

Section 104 of the 2025 California Building Code is amended as follows:

104.1-104.9.1{CBC text not modified}

104.10 Authority to condemn building service equipment. Whenever the building official ascertains that any building service equipment regulated in the technical codes has become hazardous to life, health, property, or becomes unsanitary, he or she shall order in writing that such equipment either be removed or restored to a safe or sanitary condition, whichever is appropriate. The written notice itself shall fix a time limit for compliance with such order. No person shall use or maintain defective building service equipment after receiving such notice.

When such equipment or installation is to be disconnected, a written notice of the disconnection and causes therefore shall be given within 24 hours to the serving utility, the owner and occupant of such building, structure or premises.

When any building or the associated service equipment is maintained in violation of the technical codes and in violation of any notice issued pursuant to the provisions of this section, the building official may institute any appropriate action to prevent, restrain, correct, or abate the violation. The building official shall be authorized to affix an approved placard to said building or equipment stating the date, corrections required, address and allowable time for repairs if any. Damage or removal of said placard shall be a violation of this code.
104.11 Connection after order to disconnect. No person shall make connections from any energy, fuel or power supply nor supply energy or fuel to any building service equipment which has been disconnected or ordered to be disconnected by the building official or the use of which has been ordered to be discontinued by the building official until the building official authorizes the reconnection and use of the equipment. 104.12 Authority having jurisdiction. Whenever the term “Authority Having Jurisdiction” is used, it shall be construed to mean the building official or his or her

5.A.a
Packet Pg. 21
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 6 of 49

authorized representative.
104.13 Limits on repair/remodel for R-3 and U occupancies. When the scope of work for R-3 and U occupancies involves the removal or replacement of 50 percent or greater of the linear length of the walls of the building (exterior plus interior) and 50 percent of the roof within a 1-year period, the project shall be considered as new construction; and the entire building shall comply with all current codes including local ordinances. For automatic fire extinguishing system requirements, see FMC Section 15.35.150.

Sec. 15.10.070 Amendment of 2025 CBC Section 105 (Permits).

Section 105 of the 2025 California Building Code is amended as follows:

105.1 {CBC text not modified}
105.1.1 - 105.1.2 - deleted
105.2 Work exempt from permit
Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws which are enforced by the city of Fremont. Permits shall not be required for the following:

Building:

1. {CBC text not modified}

2. Wood fences not over 7 feet (2,134 mm) high or concrete or masonry wall not over 4 feet (1,219 mm) high when not subject to specific city of Fremont planning and zoning regulations.

3. {CBC text not modified}

4. {CBC text not modified}

5. {CBC text not modified}

6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade and not over any basement or story below and are not part of an accessible route, accessible parking spaces, or required exits.

7. Painting, papering, tiling, carpeting, cabinets (that do not have electrical, mechanical, or plumbing),countertop and similar finishes.

8. {CBC text not modified}

5.A.a
Packet Pg. 22
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 7 of 49

9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 18 inches deep, do not exceed 5,000 gallons and are installed entirely above ground.

10. {CBC text not modified}

11. Swings and other playground equipment accessory to single detached 1- and 2-family dwellings and not considered a public playground.

12. {CBC text not modified}

13. {CBC text not modified}

Electrical:

1. {CBC text not modified}

2. {CBC text not modified}

3. {CBC text not modified}

4. Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by the Electrical Code.

5. Repair or replacement of motors, transformers and controls within fixed approved appliances of the same type and rating in the same location.

6. Temporary decorative lighting for residential dwellings.

7. Repair or replacement of current-carrying parts of any switch, contactor or control device.

8. Reinstallation of attachment plug receptacles, but not the outlet boxes thereof.

9. Replacement of any overcurrent device less than 1,200 amps of the same capacity in the same location.

10. Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems.

11. Temporary wiring for experimental purposes in suitable experimental laboratories.

12. Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy.

13. Low-energy power, control, and signal circuits of Classes II and III as defined in the Electrical Code.

14. A permit shall not be required for the installation, alteration or repair of electrical wiring, apparatus or equipment or the generation, transmission, distribution or metering of electrical energy or in the operation of signals or the transmission of intelligence by a

5.A.a
Packet Pg. 23
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 8 of 49

public or private utility in the exercise of its function as a serving utility.

Gas: {CBC text not modified}

Mechanical: {CBC text not modified}
Plumbing: {CBC text not modified}
105.2.1 – 105.3.1 {CBC text not modified}
105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 365 days after the date of filing unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one extension of time for an additional period not exceeding 180 days. The extension shall be requested in writing and justifiable cause demonstrated and accepted by the building official.
105.3.3 Who may be issued a permit. Permits shall be issued only to State licensed Architect, Engineer, or contractor or their respective authorized representative but only to the extent and to the work the person is licensed by the State of California to do so.

Exception: Permits may be issued to owners certifying proof of exemption under the exemptions specified in California Business and Professions Code Section 7044. 105.3.4 Withhold permit. The building official may withhold the issuance of a permit if the proposed work is in conjunction with construction requiring the issuance of a building permit where no building permit has been issued.
105.4 {CBC text not modified}
105.5 Expiration. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 365 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. The construction is deemed suspended or abandoned unless an inspection indicating substantial progress in construction has been requested every 180 days or sooner. Before work may resume on a construction project declared suspended or abandoned, a new permit must first be obtained. Where suspension or abandonment has not exceeded one year and no changes have been made or will be made to the original plans and specifications for the work, the renewal fee shall be 1/2 the amount required for a new permit for the work otherwise, the renewal fee shall be the full amount required for a new permit.

Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to perform work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding 180 days on written request by the permittee showing that circumstances

5.A.a
Packet Pg. 24
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 9 of 49

beyond the control of the permittee have prevented action from being taken. 105.6 {CBC text not modified}
105.7 Placement of Permit. The building permit, along with all plans and documentation approved by the building official, shall be kept on the site of the work until final approval has been granted by the building official.

105.8 Change of contractor or of ownership. A permit issued hereunder shall expire upon a change of ownership or a change of contractor regarding the building, structure or grading for which said permit was issued if the work thereon has not been completed, and a new permit shall be required for the completion of the work. If no changes have been made to the plans and specifications last submitted to the building official, no charge, other than the permit issuance fee and applicable State fees, shall be made for the issuance of the new permit under such circumstances. If, however, changes have been made to the plans and specifications last submitted to the building official, a permit fee based upon the proposed changes may be levied.

105.9 Surrender of permit. If no portion of the work or construction covered by the issued permit has commenced, the permit holder may deliver such permit and approved documents to the building official with written request that such permit is to be canceled. The building official shall make note on the permit with or with like wording “Canceled at the request of the Permit holder.” Thereupon the permit and documents shall become null and void.

Sec.15.10.080 Amendment of 2025 CBC Section 107 (Construction Documents).

Section 107 of the 2025 California Building Code is amended as follows:

107.1 – 107.2.8 {CBC text not modified}

107.2.9 Required plat of survey. Any person, firm or corporation applying for a permit for the erection or construction of a building or structure, or moving an existing building to a new location shall, when required by the building official, file with the set of plans and specifications required by the foregoing provisions of this section a minimum of three copies of a plat of a survey of the property proposed to be improved by said building or structure, on which plat shall be delineated the accurate location of said proposed improvement and the grades at which it is to be constructed, the location of every existing building on the lot, all easements, utility locations and directions, existing curbs, sidewalks, and main sewers and the location of waterways, storm drains, inlets, and culverts affecting the lot. Said plat shall be drawn to a scale of not smaller than 20 feet to 1 inch, unless authorized by the building official, and shall show the contours at 1- foot intervals for predominant ground slopes between level and 4 percent and 5-foot contours for predominant ground slopes over four percent which contours shall extend to the center of the street when said street is unimproved, or to the curb line when the street is improved. All grades and contours shall be based on United States Coast and Geodetic

5.A.a
Packet Pg. 25
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 10 of 49

Survey datum (mean sea level) except when authorized otherwise by the building official.

The survey shall have been made by a licensed land surveyor or registered civil engineer in the State of California and the map of said survey shall be signed and certified with their license or certificate number, and the property shall be located thereon by map or deed distance to the nearest street intersection. The exterior boundaries of said property shall be clearly outlined on the ground by appropriate permanent stakes or monuments.

The location of said stakes or monuments shall be shown on the survey map with elevations thereon.
107.3 {CBC text not modified}
107.3.1. Approval of construction documents. When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, as “Approved”.

One set of construction documents so reviewed shall be retained by the building official.

The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative. 107.3.2 – 107.5 {CBC text not modified}

Sec. 15.10.090 Amendment of 2025 CBC Section 109 (Fees).

Section 109 of the 2025 California Building Code is amended as follows:

109.1 {CBC text not modified}

109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required in accordance with the schedule of fees established by resolution of the city council. Where issuance of a permit for the construction of part of a building or structure has been approved, the fees shall be established by resolution adopted by the city council. 109.3 Permit Valuations. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued, including materials and labor, as well as all roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems and any other permanent equipment. If, in the opinion of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final building permit valuation shall be set by the building official. 109.3.1 Plan review fees. When submittal documents are required by Section 107, a plan review fee shall be paid at the time of submitting the documents for plan review. Said plan review fee shall be as established by resolution of the city council.

The plan review fees specified in this section are separate fees from the permit fees

5.A.a
Packet Pg. 26
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 11 of 49

specified in Section 109.2 and are in addition to the permit fees.

When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in Section 107.3.4.1, an additional plan review fee shall be charged at the rate established by resolution of the city council.
109.4 Work commencing before permit issuance. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, the fee for necessary permits shall be double the fee established by resolution of the city council.
109.4.1 An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.
109.5. Related fees. The payment of the fee for the construction, alteration, removal of demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are established by resolution of the city council. 109.6 Refunds. The building official is authorized to establish a refund policy. As part of the policy, the building official may authorize refunding a portion of the fee equal to 80 percent of the permit fee paid, less the application fee and any services provided, when no work has been done under a permit issued in accordance with this code. 109.7 Additional plan review fees. Where plans are incomplete or changed so as to require additional plan checking, an additional plan checking fee shall be paid to the city based upon the value of construction of the proposed change or redesign. In establishing said fee, no allowance for a decreased valuation shall be permitted due to the replacement, omission or lessening of any member or portion of the building shown in the original plans. Said fee may be waived when in the opinion of the building official the additional fee is not warranted. No additional fees shall be charged for checking corrections required by the building official; except where excessive plan reviews beyond three review cycles are performed, additional fees may be levied as established by city council.

Sec. 15.10.100 Amendment to 2025 CBC Section 110 (Inspections).

Section 110 of the 2025 California Building Code is amended as follows:

110.1 – 110.6 {CBC text not modified}

110.6.1 Gas or electrical utilities. There shall be no clearance for connection of gas or

5.A.a
Packet Pg. 27
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 12 of 49

electrical utilities until final building, electrical, plumbing, heating, air conditioning, security, and zoning inspections are made and approval has been given on any building sought to be connected to such utilities unless approval has first been obtained from the building official, as provided by the Temporary Certificate of Occupancy in Section 111.3.

110.7 Re-inspection fee. When re-inspection is required, an additional inspection fee shall be charged at the fee rate established by resolution of the city council.

110.8 Inspection Card. Work requiring a permit shall not be commenced until the permit holder or an agent of the permit holder has posted or otherwise made available the inspection record card issued by the building official such as to allow the building official to conveniently make the required entries thereon regarding inspection of the work. This card shall be maintained and available by the permit holder until final approval has been granted by the building official.

Sec. 15.10.110 Amendment of 2025 CBC Section 111 (Certificate of Occupancy).

Section 111 of the 2025 California Building Code is amended as follows:

111.1 {CBC text not modified}

Exception: Single-family homes, townhomes, and U occupancies. The final and signed building permit by the building inspector will act as a certificate of occupancy.

Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of the codes or of other ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of the codes or other ordinances of the jurisdiction shall not be valid.

111.1.1 Change in Use. Where a change of occupancy and use is proposed and approved by the building official, an inspection of the premises by the building official to determine that the provisions of Section 111.1 are met before issuance of said certificate is required. Said certificate of occupancy shall be obtained from the building official upon completion of an application for the certificate and the payment of a fee as established by resolution of the city council.
111.2 Certificate issued. After final inspection when it is found that the building or structure complies with the provisions of this code and other laws which are enforced by the city of Fremont, and, when required by the building official, the engineer or architect of record shall state, in writing, that based on field observation conducted by him or her, or his or her designee, the building or structure is in general conformance with the approved plan, then the building official shall issue a certificate of occupancy which shall contain the following:

5.A.a
Packet Pg. 28
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 13 of 49

1. The building permit number.

2. The address of the building.

3. The name and address of the owner.

4. A description of that portion of the building for which the certificate is issued.

5. A statement that the described portion of the building complies with the requirements of this code for the group and division of occupancy and the use for which the proposed occupancy is classified.

6. The name of the building official.

7. The use and occupancy.

8. The type of construction.

9. The design occupant load.

10. Where an automatic sprinkler system is provided, whether the sprinkler system is required.

11. The edition of the code under which the permit was issued.

12. Any special stipulations and conditions of the building permit.

111.3 {CBC text not modified}
111.3.1 Limitations. An application for temporary certificate of occupancy must be obtained for connection of gas and electrical utilities. The required fees as established in a city of Fremont resolution shall be paid before the temporary certificate of occupancy is issued.
111.3.2 Discontinuance of temporary occupancy. In the event the building is not completed and ready for final inspection in the time prescribed by the building official, the building shall be vacated and the utilities disconnected until such time as the building is completed and final inspection is made and a certificate of occupancy is issued as set forth above.
111.4 {CBC text not modified}

Sec. 15.10.120 Amendment of 2025 CBC Section 112 (Service Utilities).

Section 112 of the 2025 California Building Code is amended as follows:

5.A.a
Packet Pg. 29
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 14 of 49

112.1 Connection of utility service. No person shall make a connection from a source of electrical energy or fuel gas to any electric wiring system, gas piping system, device, appliance or equipment for the installation of which a permit is required, unless such wiring system, gas piping system, devices, appliance or equipment has first been inspected by the building official and found to comply with all applicable codes and ordinances of the city.

112.2 Temporary Connection. The building official shall have the authority to authorize the temporary connection to any electric wiring system, gas piping system, device, appliance or equipment to the utility source of energy, fuel or power. 112.3 Authority to disconnect utilities. The building official or his or her authorized representative shall have the authority to disconnect any utility service or energy supplied to the building, structure or building service equipment therein regulated by this code or the technical codes in case of emergency where necessary to eliminate an immediate hazard to life or property, or where such connections have been made without the approval and required inspections. Work that has been performed without the benefit of building permits and inspections shall be considered to be a hazardous condition until otherwise verified. The building official shall whenever reasonably possible notify the serving utility, the owner and occupant of the building, structure or building service equipment of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner and occupant of the building, structure or building service equipment, in writing, of such disconnection immediately thereafter. 112.4 All utility connections in areas prone to liquefaction shall be flexible and designed for differential settlement.

Sec. 15.10.130 Amendments of 2025 CBC Section 113 (Means of Appeals) and 114 (Violations).

Sections 113 and 114 of the 2025 California Building Code are deleted.

Sec. 15.10.140 Amendment to 2025 CBC Section 406 (Motor-Vehicle-Related Occupancies).

Section 406 of the 2025 California Building Code is amended as follows:

406.1 – 406.3.2 {CBC text not modified}

406.3.2.1 Dwelling unit separation. The private garage shall be separated from the dwelling unit and its attic area by means of gypsum board, not less than 5/8-inch (15.9 mm) thick Type X, or equivalent applied to the garage side. Garages beneath habitable rooms shall be separated from all habitable rooms above by not less than a 5/8-inch (15.9 mm) Type X gypsum board or equivalent. Door openings between a private garage and the dwelling unit shall be equipped with either solid wood doors or solid or honeycomb core steel doors not less than 1 3/8 inches (34.9 mm) thick, or doors in compliance with

5.A.a
Packet Pg. 30
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 15 of 49

Section 716.5.3 with a fire protection rating of not less than 20 minutes. Doors shall be self-closing and self-latching.
406.3.2.2 {CBC text not modified}
406.3.2.3 Garage flammable vapor ventilation. In enclosed private garages attached to R occupancies, provide 1 square foot of ventilation area located at the lower 12 inches of garage wall. Said ventilation areas shall be directly communicated with the exterior but shall not be installed where protection of openings is required. 406.3.3 – 406.9.3 {CBC text not modified}

Sec. 15.10.140 Amendment to 2025 CBC Section 903 (Automatic Sprinkler System).

Section 903 of the 2025 California Building Code is amended as follows:

903.1 General. Automatic sprinkler systems shall be provided as set forth in Section 903 of the California Fire Code as adopted and amended by FMC Section 15.35.150.

903.1.1 – 903.4.3 deleted

903.5 {CBC text not modified}

Sec. 15.10.150 Amendment to 2025 CBC Section 1507 (Requirements for Roof Coverings).

Section 1507 of the 2025 California Building Code is amended as follows:

1507.1 -1507.1.2 {CBC text not modified}

1507.1.3 Certification. The installer of the roof covering shall provide certification of the roof covering classification to the building owner and to the city when roof covering installation is subject to the 2025 California Wildland-Urban Interface Code Chapter 5.

Exceptions:

1. The certification requirements of this section shall not apply to any building which is subject to addition, repair, alterations, roof installation, or replacement of less than 50 percent of the existing building’s roof area over the life of the building commencing on or after the effective date of February 15, 1991.

2. For accessory building, refer to Section 105.2, Exception 1.

1507.2 – 1507.3 {CBC text not modified}
1507.3.1 Deck requirements. Concrete and clay tile shall be installed only over solid

5.A.a
Packet Pg. 31
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 16 of 49

structural sheathing boards.

Exception: {CBC text not modified}
1507.3.2 – 1507.17.7 {CBC text not modified}

Sec. 15.10.160 Amendment to the 2025 CBC Section 1612 (Flood Loads).

Section 1612 of the 2025 California Building Code is amended as follows:

1612.1 – 1612.2 {CBC text not modified}

1612.3 Establishment of flood hazard areas. To establish flood hazard areas, the governing body shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency in an engineering report entitled “The Flood Insurance Study for Alameda County, California”, revision dated December 21, 2018, as amended, with the accompanying Flood Insurance Rate Map (FIRM) and related supporting data along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this section.

Exception: {CBC text not modified}
1612.3.1. – 1612.4 {CBC text not modified}

Sec. 15.10.170 Amendment to 2025 CBC Section 1803 (Geotechnical Investigations).

Section 1803 of the 2025 California Building Code is amended as follows:
1803.1 – 1803.1.1.5 {CBC text not modified}
1803.2 {CBC text not modified}
Exceptions: The following occupancies are exempt:

1. Group U occupancies;

2. Additions to R3 occupancies:

a. First floor additions;

a.1 Existing building has a continuous foundation (spread footing); and

a.2 New foundation dimensions at minimum meets requirements from CBC Table 1809.7 and are 15” embedded into undisturbed soil; and

a.3 Building site is not within seismic induced landslide hazard zone.

5.A.a
Packet Pg. 32
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 17 of 49

b. First floor additions;

b.1 Existing buildings have pier and grade beam foundation system; and

b.2 New piers and grade beam system shall be designed by an Architect, Civil, or Structural engineer registered in the State of California; and

b.3 New piers shall be minimum of 16 inches in diameter, and eight feet in depth; and

b.4 Building site is not within seismic induced landslide hazard zone.

c. Second-story additions over existing structure;

c.1 The Architect or Engineer of Record certifies in writing that any new foundation type matches existing foundation; and

c.2 When an Architect, Civil or Structural engineer registered in the State of California provides the structural design; and

c.3 Building site is not within seismic induced landslide hazard zone.

3. A new soil report is not required when an existing soil report is available for the original construction of the existing structure and the soil engineer allows extension of the existing report for the proposed addition construction. An amended soil report is required to meet the investigated conditions (CBC Section 1803.5) and reporting requirements (CBC Section 1803.6).

4. Accessory Dwelling Units (ADU’s), accessory buildings, and minor additions may be exempted by the building official.
1803.3 – 1803.5.12 {CBC text not modified}
1803.6 {CBC text not modified}

1. – 11. {CBC text not modified}

12. Drainage and erosion control recommendations.

13. Minimum building setbacks to slope tops or toes.

14. Equivalent-fluid-density lateral loads used in design of retaining walls or basement walls.

15. Ground response evaluation by geologist licensed in California for:
a. Flexible structures located on site having soft to medium cohesion less soils in upper 50 feet and depth to bedrock is 400 feet or greater; and

5.A.a
Packet Pg. 33
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 18 of 49

b. Structures having irregular shapes, framing systems, or other unusual features as determined by the building official.

16. Liquefaction evaluation for the following uses:
a. Subdivisions of Group R-3 occupancy having four units or more; b. Apartment or condominium complexes of Group R- 2 occupancy having 50 or more units;
c. Structure of four or more stories or over 35 feet high; d. Commercial, industrial, and institutional projects having 250 occupants or more; e. Essential facilities.

17. Slope stability evaluation in areas subject to localized or major landslides.

18. Surface rupture evaluation by geologist licensed in California for all projects for human occupancy located with a Geologic Hazards Special Studies Zone, as mapped by the California Division of Mines and Geology.

19. Soil corrosive analysis and long-term corrosion control design recommendations. 1803.7 {CBC text not modified}
1803.8 Review. Before issuing a permit for a building where soil and foundation investigation is required, the Geotechnical Engineer or Civil Engineer who prepared the soil investigation shall state in writing (must be signed and stamped):

1. The plans and specifications substantially conform to the recommendations in the soil investigation.

2. The Geotechnical Engineer or Civil Engineer who prepared the soil investigation has been retained to provide soil site observation and provide periodic and final reports to the city.
1803.9 Field Report. Before requesting a foundation inspection from the city, the Geotechnical Engineer or Civil Engineer who prepared the soil investigation shall provide a written field report stating:

1. The building pad was prepared and compacted in accordance with the soil report and specification.

2. The foundation or pier excavation, depth, backfill materials, and drainage (if applicable) substantially conforms with the soil report and approved plans. 1803.10 Final Report. Before final inspection for any building or structure, the Geotechnical Engineer or Civil Engineer who prepared the soil investigation shall issue a

5.A.a
Packet Pg. 34
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 19 of 49

final report stating the completed pad, foundation, finish grading, drainage, and associated site work substantially conforms to the approved plans, specifications, and investigation.

Sec. 15.10.180 Amendment to 2025 CBC Section 1809 (Shallow Foundations).

Section 1809 of the 2025 California Building Code is amended as follows:

1809.1 – 1809.2 {CBC text not modified}
1809.3 Stepped footings. The top surface of footings shall be level. The bottom surface of footings shall be permitted to have a slope not exceeding 1 unit vertical in 10 units horizontal (10 percent slope). Footings shall be stepped where it is necessary to change the elevation of the top surface of the footing or where the surface of the ground slopes more than 1unit vertical in 10 units horizontal (10 percent slope).

For structures assigned to Seismic Design Category D, E or F, the stepping requirement shall also apply to the top surface of grade beams supporting walls.

Footings shall be reinforced with four No. 4 bars. Two bars shall be place at the top and bottom of the footings as shown in Figure 1809.3.

1809.4 – 1809.15 {CBC text not modified}

5.A.a
Packet Pg. 35
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 20 of 49

Sec. 15.10.190 Amendment to 2025 CBC Section 1907 (Slabs-on-Ground).

Section 1907 of the 2025 California Building Code is amended as follows:

1907.1 {CBC text not modified}

1. – 2. {CBC text not modified}

3. Slabs shall have 6 x 6 x 10/-10 wire mesh or equal at mid-height. 1907.2– 1907.4.1 {CBC text not modified}

Sec. 15.10.200 Supplemental Building Codes.

The provisions of Fremont Municipal Code Title 15 (Buildings and Construction), Chapter 15.50 (Building Security) supplement the 2025 California Building Code as adopted by this chapter as provided in Penal Code §14051.

SECTION 4. FMC CHAPTER 15.15 REPEALED AND REPLACED
Chapter 15.15 (Fremont Mechanical Code) of Fremont Municipal Code Title 15 (Buildings and Construction), Division 1 (Fremont Building Standards Code) is repealed and replaced to read as follows:

Sec. 15.15.010 Title.

This chapter shall be known and may be cited as the “Fremont mechanical code” or “Fremont municipal mechanical code” or “FMMC” and will be referred to in this chapter as “this code.”

Sec. 15.15.020 Adoption of the 2025 CMC with Amendments.

The 2025 edition of the California Mechanical Code (CMC) as published by the California Building Standards Commission is adopted as the mechanical code of the city of Fremont, California, as if fully set out in this chapter, and is amended as set forth in this chapter. A copy of 2025 CMC shall be maintained on file in the office of the building official.

Sec. 15.15.030 2025 CMC Appendices Adopted.

The following Appendices and Divisions of the 2025 California Mechanical Code are adopted by the city of Fremont.

(a) Appendix B (Procedures to be Followed to Place Gas Equipment in Operation)

(b) Appendix C (Installation and Testing of Oil (Liquid) Fuel-Fired Equipment

5.A.a
Packet Pg. 36
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 21 of 49

Sec. 15.15.040 2025 CMC Chapter 1, Division II is not Adopted.

Chapter 1, Division II of the 2025 California Mechanical Code is not adopted by the city of Fremont. Refer to FMC Chapters 15.05 and 15.10 for Administration and Enforcement requirements. References to model codes in the adopted sections shall mean the corresponding California Codes as adopted by the city of Fremont.

Sec. 15.15.050 Amendment of 2025 CMC Section 507 (Commercial Hoods and Kitchen Ventilation).

Section 507 of the 2025 California Mechanical Code is amended as follows:
507.0 – 507.3.1 {CMC text not modified}

507.3.2 Type I hoods or portions thereof penetrating a ceiling or furred space must conform to the grease duct enclosure requirements in Section 510.7. 507.3.3 Hoods less than 12 inches from a ceiling or wall shall be solidly flashed with materials of the same thickness as the hood as specified in Section 508.3. 507.4 – 507.7 {CMC text not modified}

Sec. 15.15.060 Amendment of 2025 CMC Section 510 (Exhaust Duct Systems).

Section 510 of the 2025 California Mechanical Code is amended as follows:

510.0 – 510.6.1 {CMC text not modified}
510.7 Interior Installations. In all buildings, the ducts shall be enclosed in a continuous enclosure extending from the lowest fire-rated ceiling or floor above the hood, through any concealed spaces, to or through the roof so as to maintain the integrity of the fire separations required by the applicable building code provisions. The enclosure shall be sealed around the duct at the point of penetration of the lowest fire-rated ceiling or floor above the hood in order to maintain the fire resistance rating of the enclosure and shall be vented to the exterior of the building through weather-protected openings.

510.7.1 – 510.10 {CMC text not modified}

SECTION 5. FMC CHAPTER 15.20 REPEALED AND REPLACED
Chapter 15.20 (Fremont Plumbing Code) of Fremont Municipal Code Title 15 (Buildings and

5.A.a
Packet Pg. 37
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 22 of 49

Construction), Division 1 (Fremont Building Standards Code) is repealed and replaced to read as follows:

Sec. 15.20.010 Title.

This chapter shall be known and may be cited as the “Fremont plumbing code” or “FPC” and will be referred to in this chapter as “this code.”

Sec. 15.20.020 Adoption of the 2025 CPC With Amendments.

The 2025 edition of the California Plumbing Code (CPC) as published by the California Building Standards Commission is adopted as the Plumbing Code of the city of Fremont, California, as if fully set out in this chapter, and is amended as set forth in this chapter. A copy of the 2025 CPC shall be maintained on file in the office of the building official.

Sec. 15.20.030 2025 CPC Appendices Adopted.

The following Appendices of the 2025 California Plumbing Code are adopted by the City of Fremont:

(a) Appendix A (Recommended Rules for Sizing the Water Supply System)

(b) Appendix B (Explanatory Notes on Combination Waste and Vent Systems)

Sec. 15.20.040 2025 CPC Chapter 1, Division II is not adopted.

Chapter 1, Division II of the 2025 California Plumbing Code is not adopted by the city of Fremont. Refer to FMC Section 15.05 and 15.10.040 for Administration and Enforcement requirements. References to model codes in the adopted sections shall mean the corresponding California Codes as adopted by the city of Fremont.

Sec. 15.20.050 Amendment of 2025 CPC Section 1211 (Electrical Bonding and Grounding).

Section 1211 of the 2025 California Plumbing Code is amended as follows:
1211.0 – 1211.7 {CPC text not modified}

Section 1211.8 Earthquake-Actuated Gas Shutoff Valves. Earthquake-actuated gas shutoff valves designed to automatically shut off the gas at the location of the valve in the event of a seismic disturbance and certified by the Stated Architect as conforming to California Code of Regulations, Title 24, Part 12, Chapter 12-16-1,

5.A.a
Packet Pg. 38
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 23 of 49

shall be installed in all new buildings and in existing buildings that undergo alterations or additions that exceed $10,000.

SECTION 6. FMC CHAPTER 15.25 REPEALED AND REPLACED
Chapter 15.25 (Fremont Electrical Code) of Fremont Municipal Code Title 15 (Buildings and Construction), Division 1 (Fremont Building Standards Code) is repealed and replaced to read as follows:

Sec. 15.25.010 Title.

This chapter shall be known and may be cited as the “Fremont electrical code” or “FEC” and will be referred to in this chapter as “this code.”

Sec. 15.25.020 Adoption of the 2025 California Electrical Code With Amendments.

The 2025 edition of the California Electrical Code (CEC) as published by the California Building Standards Commission is adopted as the Electrical Code of the city of Fremont, California, as if fully set out in this chapter, and is amended as set forth in this chapter. A copy of the 2025 CEC shall be maintained on file in the office of the building official.

Sec. 15.25.030 Amendment of 2025 CEC Article 110 (General Requirements for Electrical Installations).

Article 110 of the 2025 California Electrical Code is amended as follows:

110.1-110.3(A)(1) {text not modified}

110.3(A)(2) Mechanical strength and durability, including, for parts designed to enclose and protect their equipment, the adequacy of the protection thus provided. Grounding electrodes, metallic raceways, or other metallic components of electrical systems, intended for direct contact with the earth shall be constructed of non-ferrous materials such as copper where highly corrosive conditions exist based on reports from a licensed soils engineer.

110.3(A)(3)-110.79 {text not modified}

SECTION 7. FMC CHAPTER 15.30 REPEALED AND REPLACED
Chapter 15.30 (Fremont Existing Building Code) of Fremont Municipal Code Title 15 (Buildings and Construction), Division 1 (Fremont Building Standards Code) is repealed and replaced to read as follows:

5.A.a
Packet Pg. 39
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 24 of 49

Sec. 15.30.010 Title.

This chapter shall be known and may be cited as the “Fremont existing building code” or “FEBC” and will be referred to in this chapter as “this code.”

Sec. 15.30.020 Adoption of the 2025 California Existing Building Code with Amendments.

The 2025 edition of the California Existing Building Code (CEBC) as published by the International Code Council is adopted as the Existing Building Code of the city of Fremont, California, without amendments, as if fully set out in this chapter. A copy of 2025 CEBC shall be maintained on file in the office of the building official.

Sec. 15.30.030 2025 CEBC Appendix Chapters Adopted.

The following Chapters and Divisions of the 2025 California Existing Building Code are adopted by the city of Fremont. The remaining Chapters are not adopted. (a) Appendix Chapter A3 (Prescriptive Provisions for Seismic Strengthening of Cripple Walls and Sill Plate Anchorage of Light, Wood-Frame Residential Buildings).

Sec. 15.30.040 2025 CEBC Chapter 1, Division II is not Adopted.

Chapter 1, Division II of the 2025 California Existing Building Code is not adopted by the city of Fremont. Refer to FMC Sections 15.05 and 15.10.040 for Administration and Enforcement requirements. References to model codes in the adopted sections shall mean the corresponding California Codes as adopted by the city of Fremont.

Sec. 15.30.050 Amendment of 2025 CEBC Section 301 (Administration).

Section 301 of 2025 California Existing Building Code is amended as follows:
301.1 Applicability
The repair, alteration, change of occupancy, addition or relocation of all existing buildings shall comply with Section 301.2, 301.3 or 301.4. The provisions of Sections 302 through 309 shall apply to all alterations, repairs, additions, relocation of structures and changes of occupancy regardless of compliance method. Additions, alterations or repairs to an existing building or structure which are located within the Wildland-Urban Interface Fire Area shall comply with the requirements of FMC Section 15.10.230. [OSHPD 1R, 2, 4 and 5] Section 301.4 not permitted by OSHPD.

Exceptions: {CEBC text not modified}
301.1.1 – 301.4 {CEBC text not modified}

5.A.a
Packet Pg. 40
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 25 of 49

Sec. 15.30.060 Amendment of 2025 CEBC Section 401 (General).

Section 401 of 2025 California Existing Building Code is amended as follows:

401.1 Scope.

Repairs to an existing building or structure which are located within the Wildland-Urban Interface Fire Area shall comply with the requirements of FMC Section 15.10.250.

Repairs to historic buildings and structures shall comply with Part 8, Title 24, C.C.R. [OSHPD 1R, 2, 4 & 5] Repairs to historic buildings not adopted by OSHPD. Repairs shall comply with the requirements in the California Building Code, Sections 1224.2, 1225.2, 1226.2, 1227.2 and 1228.2 for functional requirements as applicable.

Exceptions: {CEBC text not modified}
401.1.1 – 401.3 {CEBC text not modified}

Sec. 15.30.070 Amendment to 2025 CEBC Section 1004 (Fire Protection).

Section 1004 of 2025 California Existing Building Code is amended as follows:

1004.1{CEBC text not modified}
1004.2 Fire Protection for Change to a Higher-Hazard Category When a change of occupancy results in a structure being reclassified to a higher occupancy classification per Table 1011.5, an automatic fire extinguishing system shall be installed throughout the structure.

Table 1011.5-Means of Egress Hazard Categories
Relative Hazard Occupancy Classifications
1 (Highest Hazard) H (Not Allowed)
2 I-2, I-3, I-4 (Not Allowed)
3 A, E, M, R-1, R-2, R-4
4 B, F-1, R-3, S-1
5 (Lowest Hazard) F-2, S-2, U

SECTION 8. FMC CHAPTER 15.40 REPEALED AND REPLACED
Chapter 15.40 (Fremont Swimming Pool and Spa Code) of Fremont Municipal Code Title 15 (Buildings and Construction), Division 1 (Fremont Building Standards Code) is repealed and replaced to read as follows.

5.A.a
Packet Pg. 41
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 26 of 49

Sec. 15.40.010 Title.

This chapter shall be known and may be cited as the “Fremont swimming pool and spa code” and will be referred to in this chapter as “this code.”

Sec. 15.40.020 Adoption of the 2024 International Swimming Pool and Spa Code (ISPSC) with Amendments.

Chapters 2 through 3 and Chapters 7 through 11 of the 2024 edition of the International Swimming Pool and Spa Code (ISPSC) as published by International Code Council is adopted with amendments as the Swimming Pool and Spa Code of the city of Fremont, California, as if fully set out in this chapter and is amended as provided in this chapter. A copy of the 2024 ISPSC shall be maintained on file in the office of the building official.

Sec. 15.40.030 Amendment of the 2024 International Swimming Pool and Spa Code (ISPSC).

The text of the 2024 International Swimming Pool and Spa Code, as adopted and amended by Section 15.50.020, is further amended to conform to the 2025 California Building Standards Code and as recommended by the building official as follows:

The codes, standards and references in this code should be revised as follows:

Delete the following references Insert the following code references • International Building Code • 2025 California Building Code and 2025 California Residential Code
• International Mechanical Code • 2025 California Mechanical Code • National Electrical Code or NFPA 70 • 2025 California Electrical Code • International Fire Code • 2025 California Fire Code
• International Plumbing Code • 2025 California Plumbing Code • International Existing Building Code • 2025 California Existing Building Code • International Residential Code • 2025 California Residential Code • International Fuel Gas Code • 2025 California Plumbing Code

5.A.a
Packet Pg. 42
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 27 of 49

Delete the following references Insert the following code references • International Energy Conservation
Code
• 2025 California Energy Code

Sec. 15.40.040 Amendment of the 2024 ISPSC Section 303 (Energy).

Section 303 of the 2024 ISPSC is amended as follows:

303.1 – 303.3 {ISPSC text not modified}

303.3.1 Operating time. The time switch or other control mechanism shall be installed as part of a pool water circulation control system that will allow all pumps to be set or programmed to run only during off-peak electric demand period, and for the minimum time necessary to maintain the water in the condition required by applicable public health standards.

303.4 Covers. Heated pools and outdoor spas shall be provided with a vapor retardant cover.

Exception: Where pools or spas deriving at least 60 percent of the annual heating energy from site solar or recovered energy.

Sec. 15.40.050 Amendment to 2024 ISPSC Section 305 (Barrier Requirements).

Section 305 of the 2024 ISPSC is amended as follows:

305.1 {ISPSC text not modified}

305.2 Outdoor swimming pools and spas. Other than those facilities regulated in Section 305.8, all outdoor pools and spas and indoor swimming pools shall be surrounded by a barrier that complies with Sections 305.2.1 through 305.7.

305.2.1 – 305.8 {ISPSC text not modified}

305.9 Private swimming pools. Whenever a building permit is issued for construction of a new swimming pool or spa, or any building permit is issued for remodeling of an existing pool or spa, at a private, single-family home, it shall be equipped with at least two of the following seven drowning prevention safety features:

1. The pool shall be isolated from access to a home by an enclosure that meets the requirements of Section 305.

5.A.a
Packet Pg. 43
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 28 of 49

2. The pool shall incorporate removable mesh pool fencing that meets ASTM F 2286 in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device.

3. The pool shall be equipped with an approved safety pool cover that meets all requirements of the ASTM F 1346.

4. The residence shall be equipped with exit alarms on those doors providing direct access to the pool.

5. All doors providing direct access from the home to the swimming pool shall be equipped with a self-closing, self-latching device with a release mechanism placed no lower than 54 inches (1,372 mm) above the floor.

6. Swimming pool alarms that, when placed in pools, will sound upon detection of accidental or unauthorized entrance into the water. These pool alarms shall meet and be independently certified to the ASTM F 2208 which includes surface motion, pressure, sonar, laser and infrared type alarms. For purposes of this section, "swimming pool alarms" shall not include swimming protection alarm devices designed for individual use, such as an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water.

7. Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the devices set forth in Paragraphs1-4, and have been independently verified by an approved testing laboratory as meeting standards for those devices established by the ASTM or ASME.

Exceptions:

1. This section does not apply to any facility regulated by the State Department of Social Services even if the facility is also used as a private residence of the operator. Pool safety in those facilities shall be regulated pursuant to regulations adopted therefor by the State Department of Social Services.

2. Hot tubs or spas with locking safety covers that comply with the ASTM ES 13-89.

305.10 Enclosure. The enclosure for private swimming pools shall have all of the following characteristics:

1. Any access gates through the enclosure open away from the swimming pool and are self-closing with a self-latching device placed no lower than 60 inches (1,524 mm) above the ground.

2. A minimum height of 60 inches (1,524 mm).

5.A.a
Packet Pg. 44
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 29 of 49

3. A maximum vertical clearance from the ground to the bottom of the enclosure of two inches (51 mm).

4. Gaps or voids, if any, do not allow passage of a sphere equal to or greater than four inches (102 mm) in diameter.

5. An outside surface free of protrusions, cavities or other physical characteristics that would serve as handholds or footholds that could enable a child below the age of five years to climb over.

Sec. 15.40.060 Amendment to 2024 ISPSC Section 311 (Suction Entrapment Avoidance).

Section 311 of the 2024 ISPSC is amended as follows:

311.1 {ISPSC text not modified}

311.2 Construction Requirements for building a pool or spa. Whenever a building permit is issued for the construction of a new private swimming pool or spa, the pool or spa shall meet all of the following requirements:

1. The suction outlet of the pool or spa for which the permit is issued shall be equipped to provide circulation throughout the pool or spa as prescribed in Paragraph 2.

2. The swimming pool or spa shall have at least two circulation drains per pump that shall be hydraulically balanced and symmetrically plumbed through one or more "T" fittings, and that are separated by a distance of at least three feet in any dimension between the drains. Suction outlets that are less than 12 inches across shall be covered with anti- entrapment grates, as specified in the ASME/ANSI Standard A 112.19.8, that cannot be removed except with the use of tools. Slots of openings in the grates or similar protective devices shall be of a shape, area and arrangement that would prevent physical entrapment and would pose any suction hazard to bathers.

3. Any backup safety system that an owner of a new swimming pool or spa may choose to install in addition to the requirements set forth in subdivisions (1) and (2) shall meet the standards as published in the document, "Guidelines for Entrapment Hazards: Making Pools and Spas Safer," Publication Number 363, March 2005, United States Consumer Products Safety Commission.

4. Whenever a building permit is for the remodel or modification of any existing swimming pool, toddler pool or spa, the permit shall require that the suction outlet of the existing swimming pool, toddler pool or spa be upgraded so as to be equipped with an anti-entrapment cover meeting current standards of the American Society for Testing and Materials (ASTM) or the American Society of Mechanical Engineers (ASME).

5.A.a
Packet Pg. 45
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 30 of 49

Authority: Health and Safety Code Section 18942(b)

Reference: Health and Safety Code Section 115928 AB 3305 (Statutes 1996, c.925); AB 2977 (Statutes 2006, c.926); AB 382 (Statutes 2007, c.596)

Sec. 15.40.070 Amendment to 2024 ISPSC Section 317 (Heaters)

Section 317 of the 2024 ISPSC is amended as follows:

317.1-317.2 {ISPSC text not modified}

317.2.1 (a) Certification by manufacturers. Heating systems and equipment shall be certified by the manufacturer that the heating system and equipment comply with the following:

1. Efficiency. A thermal efficiency that complies with the Appliance Efficiency Regulations in Title 20, Division 2, Chapter 4, Article 4 of the California Code of Regulations; and

2. Instructions. A permanent, easily readable and weatherproof plate or card that gives instruction for the energy efficient operation of the pool or spa heater and for the proper care of pool or spa water when a cover is used; and

3. Electric resistance heating. No electric resistance heating.

Exception 1 to Section 110.4(a)4: Listed package units with fully insulated enclosures, and with tight-fitting covers that are insulated to at least R-6.

Exception 2 to Section 110.4(a)4: Pools or spas deriving at least 60 percent of the annual heating energy from site solar energy or recovered energy.

317.2.1 (b) Installation. Any pool or spa system or equipment shall be installed with all of the following:

1. Piping. At least 36 inches of pipe shall be installed between the filter and the heater or dedicated suction and return lines, or built-in or built-up connections shall be installed to allow for the future addition of solar heating equipment.

3. Directional inlets. The swimming pool shall have directional inlets that adequately mix the pool water.

317.3 – 317.6.3 {ISPSC text not modified}

Sec. 15.40.080 Amendment to 2024 ISPSC Section 504 (Pumps and Motors).

5.A.a
Packet Pg. 46
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 31 of 49

Section 504 of the 2024 ISPSC is amended as follows:

504.1 Emergency shutoff switch. One emergency shutoff switch shall be provided to disconnect power to circulation and jet system pumps and air blowers. Emergency shutoff switches shall be clearly labeled, and provided with access. Such switches shall be located within sight of the spa and shall be located not less than 5 feet (1,524 mm) but not greater than 10 feet (3,048 mm) horizontally from the inside walls of the spa.

504.1.1 -504.2{ISPSC text not modified}

SECTION 9. FMC CHAPTER 15.44 REPEALED AND REPLACED
Chapter 15.44 (Fremont Energy Code) of Fremont Municipal Code Title 15 (Buildings and Construction), Division 1 (Fremont Building Standards Code) is repealed and replaced to read as follows:

Sec. 15.44.010 Title.

This chapter shall be known and may be cited as the “Fremont energy code” or “FEnC” and will be referred to in this chapter as “this code.”
Sec. 15.44.020 Adoption of the 2025 California Energy Code.

The 2025 edition of the California Energy Code (CEnC) as published by the State of California is adopted without amendments as the Energy Code of the city of Fremont, California, as if fully set out in this chapter. A copy of the 2025 CEnC shall be maintained on file in the office of the building official.

SECTION 10. FMC CHAPTER 15.45 REPEALED AND REPLACED
Chapter 15.45 (Fremont Property Maintenance Code) of Fremont Municipal Code Title 15 (Buildings and Construction), Division 1 (Fremont Building Standards Code) is repealed and replaced to read as follows:

Sec. 15.45.010 Title.

This chapter shall be known and may be cited as the “Fremont property maintenance code” or “FPMC” and will be referred to in this chapter as “this code.”

Sec. 15.45.020 Adoption of the 2024 International Property Maintenance with Amendments.

The 2024 Edition of the International Property Maintenance Code as published by the International Code Council is adopted as the property maintenance code of the city of Fremont,

5.A.a
Packet Pg. 47
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 32 of 49

California, as if fully set out in this chapter, and is amended as provided in this chapter. A copy of the 2024 FPMC shall be maintained on file in the office of the building official.

Sec. 15.45.030 2024 International Property Maintenance Code Appendix Adopted.

The following Appendix of the 2024 International Property Maintenance Code is adopted by the city of Fremont:

(a) Appendix A (Boarding Standard).

Sec. 15.45.040 Amendments of the 2024 International Property Maintenance Code.

The text of the 2024 International Property Maintenance Code, as adopted and amended by Section 15.45.020, is further amended to conform to the current California Building Standards Code and as recommended by the building official as follows:

Delete the following references Insert the following code references • International Building Code • Current California Building Code and current California Residential Code
• International Mechanical Code • Current California Mechanical Code • National Electrical Code • Current California Electrical Code • International Fire Code • Current California Fire Code • International Plumbing Code • Current California Plumbing Code • International Existing Building Code • Current California Existing Building Code • International Zoning Code • City of Fremont- Zoning Ordinance • International Fuel Gas Code • Current California Plumbing Code • Name of jurisdiction • City of Fremont
• Jurisdiction to insert appropriate
schedule
• Current fees that are established by resolution of the city council.
• Board of appeals • Hearing officer appointed by the city manager or designee
• Code Official or Health Official • Building Official

Sec. 15.45.050 Amendment of 2024 IPMC Section 102 (Applicability).

Section 102 of the 2024 IPMC is amended as follows:

102.1-102.8 {IPMC text not modified}

102.8.1 Conflicts. Where conflicts occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Where conflicts occur

5.A.a
Packet Pg. 48
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 33 of 49

between the provisions of this code and California Statutes, the provisions of the latter shall apply.

102.8.2-102.11 {IPMC text not modified}

Sec. 15.45.060 Amendment of 2024 IPMC Section 103 (Code Compliance Agency).

Section 103 Code Compliance Agency of the 2024 IPMC is amended as follows:

103.1 Creation of agency. The code enforcement division shall be responsible for the implementation, administration, and enforcement of the provisions of this code. The building official in charge of the Fremont building & safety division shall be known as the code official in this chapter.

103.2 {IPMC text not modified}

103.3 Deputies. The code official shall have the authority to appoint one or more deputies. Such employees shall have the powers as delegated by the code official.

Sec. 15.45.070 Amendment of 2024 IPMC Section 105 (Duties and Powers of the Code Official).

Section 105 of the 2024 IPMC is amended as follows:

105.1-105.2.3 {IPMC text not modified}

105.3 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the code official has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this code, the code official is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by the code, provided that if such structure or premises is occupied, the code official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner, owner’s authorized agent, or other person having charge or control of the structure or premises and request entry. If entry is refused, the code official shall have recourse to the remedies provided by law to secure entry.

105.3.1 – 105.8.1 {IPMC text not modified}

Sec. 15.45.080 Amendment of 2024 IPMC Section 106 (Means of Appeal).

Section 106 of the 2024 IPMC is amended as follows:

5.A.a
Packet Pg. 49
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 34 of 49

106.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code may appeal that decision, notice or order by filing an appeal with the city clerk within seven calendar days of the date of service of that decision, notice, or order. The appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. The appeal shall identify the real property, state the grounds for the appeal, and state all material facts in support of the appeal.

106.2 Notice of hearing. Notice of hearing and the hearing shall be conducted as provided for in Chapter 8.60, Sections 8.60.130 through 8.60.150.

106.3 Court review. Judicial review of the hearing officer’s decision shall be commenced in accordance with Cal. Code of Civil Procedure § 1094.6 no later than 90 calendar days after the decision is signed. Cal. Code of Civil Procedure § 1094.6 is hereby adopted for purposes of this Title. Review shall be in accordance with Cal. Code of Civil Procedure § 1094.5.

106.4 deleted

Sec. 15.45.090 Amendment of 2024 IPMC Section 107 (Violations).

Section 107 of the 2024 IPMC is amended as follows:

107.1 Unlawful acts. It is hereby declared to be unlawful and a public nuisance for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any premises, building, structure or building service equipment, or cause or permit the same to be done in violation of this code or this division.

107.2 Notice of violation. The code official shall serve a notice of violation in accordance with Section 109.4.

107.3 Prosecution of violation. Any person failing to comply with a notice of violation served in accordance with Section 109.4 shall be deemed guilty of a misdemeanor, but may be charged with an infraction at the discretion of the city attorney, or civil infraction enforceable under Chapter 1.20 as determined by the city and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate administrative, civil, or criminal proceeding to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of this code or of the order or direction made pursuant thereto.

107.4 Violation Penalties. Each day during any portion of which any violation of this ordinance is committed or continued by such person shall constitute a separate offense and shall be punishable as provided in this code and Title 15.

5.A.a
Packet Pg. 50
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 35 of 49

107.5 Abatement of violation. The city may abate a violation of this code pursuant to the abatement process set forth in Chapter 8.60.

Sec. 15.45.100 Amendment of 2024 IPMC Section 108 (Stop Work Order).

Section 108 of the 2024 IPMC is amended as follows:

108.1 – 110.3 {IPMC text not modified}

108.4 Failure to comply. Any person who continues any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for civil penalties pursuant to Fremont Municipal Code Chapter 1.20.

Sec. 15.45.110 Amendment of 2024 IPMC Section 109 (Unsafe Structures and Equipment).

Section 109 of the 2024 IPMC is amended as follows:

109.1 Unsafe Conditions. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned and shall be posted and vacated in accordance with this section and declared to be a public nuisance and the violations shall be abated by repair, rehabilitation, demolition or removal pursuant to the provisions of this code.

Sections 109.1.1 – 109.1.3 {IPMC text not modified}

109.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered, occupied or maintained contrary to Title 15; or one that is partially constructed, reconstructed or demolished upon which work is abandoned. Work is deemed abandoned when there is no valid building or demolition permit.

Section 109.1.5 {IPMC text not modified}

109.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure boarded according to Appendix A or fenced, so as not to be an attractive nuisance and/or to prevent entry. Upon failure of the owner or owner’s authorized agent to board the premises within the time specified in the order, the code official shall cause the premises to be boarded and secured through any available public agency or by contract or arrangement by private persons and the cost for such boarding shall be a debt owed by the owner, shall be charged against the real property upon which the structure is located, shall be a lien upon such real property and shall be collected by any legal means.

5.A.a
Packet Pg. 51
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 36 of 49

109.2.1 – 109.3 {IPMC text not modified}

109.4 Notice. Whenever the code official has condemned a structure or equipment under the provisions of this section, the code official shall obtain a preliminary or survey title report as to the building, structure, or premises, which shall identify all owners of record, holders of mortgages, deeds of trust or other liens and encumbrances of record. The code official shall serve the persons listed in the preliminary or survey title report with notice described in Section 109.4.1 and 109.4.2 of this code. In addition, the notice shall be posted in a conspicuous place on or about the structure or premises affected by such notice. If the notice pertains to equipment, it shall be placed on the condemned equipment.

109.4.1 Form. Notice shall be in accordance with all of the following:

1. Be in writing, bearing title letters at least one-inch high reading “NOTICE AND ORDER TO ABATE NUISANCE.”

2. Include a description of the real property sufficient for identification.

3. Include a statement of the violation or violations and why the notice is being issued.

4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit, structure, or premises into compliance with the provisions of this code.

5. Inform the owner or owner’s authorized agent of the right to appeal and failure to appeal shall constitute a waiver of their right to an administrative hearing to contest the violation, nuisance determination, the civil penalty, or the abatement cost.

6. Include a statement of the city’s right to file a lien against the real property in accordance with FMC Chapter 8.60.

109.4.2 Method of service. Such notice shall be deemed to be properly served if a copy thereof is:

1. Delivered personally.

2. Sent by certified or first-class mail addressed to the property owner as listed on the last equalized assessment roll of the county recorder or owner as determined by the code official.

3. If the mailed notice is returned showing that the letter was not delivered, a copy of the notice shall be posted in a conspicuous place on, in or about the structure or premises affected by such notice.

5.A.a
Packet Pg. 52
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 37 of 49

Proof of service of notices shall be certified at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date, and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to the copy of the notice and order retained by the city. The failure of any person to receive any notice required under this chapter shall not affect the validity of any proceedings taken under this chapter. 109.5 Unauthorized tampering. Signs, tags, placards, notices, or seals posted or affixed by the code official shall not be mutilated, destroyed, tampered with or removed without authorization from the code official.

109.6 – 109.7 {IPMC text not modified}

109.7.1 Placard removal. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action was based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this code, applicable state law and Title 15.

109.8. Prohibited occupancy. Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who occupies a placarded premises or operates placarded equipment, and any owner, owner’s authorized agent or person responsible for the premises who lets anyone occupy a condemned premises or operate condemned equipment shall be liable for the penalties provided by this code and Title 15.

109.9{IPMC text not modified}

109.10 Recordation of notice and order. If the dangerous, damaged, condemned or substandard building is not repaired or demolished by the owner within the prescribed time(s), and no appeal has been properly and timely filed, the code official shall file in the office of the county recorder a certificate describing the property and certifying (i) that the building is a substandard building and (ii) that the owner has been so notified, if such recordation has not already been made during the course of the proceedings.

Whenever the corrections ordered shall thereafter have been completed or the building demolished so that it no longer exists as a substandard building described in the certificate, the code official shall file a new certificate with the county recorder certifying that the building has been demolished or all required corrections have been made so that the building is no longer substandard, whichever is appropriate.

Sec. 15.45.120 Amendment of 2024 IPMC Section 110 (Emergency Measures).

Section 110 of the 2024 IPMC is amended as follows:

5.A.a
Packet Pg. 53
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 38 of 49

110.1 – 110.4 {IPMC text not modified}

110.5 Costs of emergency repairs. Costs incurred in the performance of emergency work may be paid by the city. Such costs shall be a debt owed to the city by the owner. The city attorney may institute appropriate legal action against the owner of the premises or the owner’s authorized agent where the unsafe structure is or was located for the recovery of such costs.

110.5.1 Appeal. Once the emergency work has been completed, the owner may appeal the need for the emergency repairs and/or the costs for such work, in the manner provided in Sections 8.60.120 and 8.60.190 within seven calendar days after service according to Section 109.4 of this code of the statement of costs.

110.6 deleted.

Sec. 15.45.130 Amendment of 2024 IPMC Section 111 (Demolition).

Section 111 of the 2024 IPMC is amended as follows:

111.1 – 111.2 {IPMC text not modified}

111.3 Failure to comply. If the owner of a premises or owner’s authorized agent fails to comply with a demolition order within the time prescribed, the code official may cause the structure to be demolished and removed according to the procedure for specific abatement of nuisance in Chapter 8.60.

111.4 {IPMC text not modified}

Sec. 15.45.140 Amendment of 2024 IPMC Section 202 (General Definitions).

The following definitions are amended or added to Section 202 of the 2024 IPMC. The remaining definitions are not modified.

INOPERABLE MOTOR VEHICLE. A vehicle which cannot be driven upon the public streets for reasons, including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, incapable of being moved under its own power or is prohibited from being operated on a public street or highway for any reason pursuant to the provisions of the California Vehicle Code.

TEMPORARY. Temporary shall mean buildings, facilities, or structures intended for use at one location for not more than six months for the purpose of this code only.

5.A.a
Packet Pg. 54
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 39 of 49

Sec. 15.45.150 Amendment of 2024 IPMC Section 302 (Exterior Property Areas).

Section 302 of the 2024 IPMC is amended as follows:
302.1 Sanitation. The owner or authorized agent shall maintain the property exterior and premises in a clean, safe and sanitary condition. Such owner or authorized agent shall remain liable for violations thereof regardless of any contract or agreement with any third party regarding such property. The occupant may also be held jointly and severally liable for causing or contributing violations of this section. 302.2 Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and prevent the accumulation of stagnant water thereon, or within any structure located thereon. Excess or concentrated drainage shall be contained on site or directed to the nearest practicable drainage facility approved by the code official.

Exception: Approved retention areas and reservoirs.
302.3 Sidewalks and driveways. Sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in proper state of repair, and maintained free from hazardous conditions. The owner or owner’s authorized agent of any building, lot or premises within the city shall maintain the sidewalks and/or walkways located upon such premises that are accessible to the general public and the public sidewalks between such premises and any adjacent public street or alley in a clean, safe sanitary, and in a proper state of repair, free from hazardous conditions. Maintenance shall include the removal and proper disposal of any unsightly or unsanitary conditions such as accumulations of garbage, refuse, rubbish, litter, dirt, gum or other sticky substances or items which have been dropped or spilled upon the sidewalks. 302.4 Weeds. No owner, authorized agent, lessee or occupant or other person having charge or control of any building, lot or premises within the city shall permit weeds exceeding six inches in height to remain or accumulate upon such premises or upon public sidewalks or streets or alleys between such premises and the centerline of any public street or alley. All noxious weeds shall be prohibited. Weeds shall be defined per Fremont Municipal Code Section 8.25.010.

Upon failure of the owner or authorized agent having charge of a premises to cut and destroy weeds after service of a warning notice of violation, they shall be subject to prosecution in accordance with Section 107.3 and as prescribed by the city. Upon failure to comply with the warning notice of violation, any duly authorized employee of the city or contractor hired by the city shall be authorized to enter upon the premises and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or authorized agent responsible for the premises. 302.5 – 302.7 {IPMC text not modified}
302.8 Motor vehicles {IPMC text not modified}

5.A.a
Packet Pg. 55
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 40 of 49

Exception: An owner, authorized agent, lessee, or occupant of the premises may repair, wash, clean, or service personal property, provided they comply with Fremont Municipal Code Title 18 (Zoning Regulations) and any other applicable requirements or laws.
302.9 {IPMC text not modified}

Sec. 15.45.160 Amendment of 2024 IPMC Section 303 (Swimming Pools, Spas, and Hot Tubs).

Section 303 of the 2024 IPMC is amended as follows:

303.1 {IPMC text not modified}

303.2 Enclosures. Except as provided for in other regulations, private swimming pools, hot tubs, spas and ponds, containing water more than 18 inches (457 mm) in depth shall be completely surrounded by a fence or barrier 48 inches (1219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is less than 54 inches (1372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced, changed or maintained in a manner that reduces its effectiveness as a safety barrier.

Exception: Pool fences or barriers that do not meet the above minimum requirements can remain as long as the fence or barrier complied with the building code provisions at time of building permit and passed the final inspection from the city.

Sec. 15.45.170 Amendment of 2024 IPMC Section 304 (Exterior Structure).

Section 304 of the 2024 IPMC is amended as follows:

304.1 – 304.2 {IPMC text not modified}

304.3 deleted.

304.4 – 304.13.2 {IPMC text not modified}

304.14 Insect screens. Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tight fitting screens of

5.A.a
Packet Pg. 56
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 41 of 49

minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.

Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.

304.15 Doors. All exterior doors, door assemblies, including weather stripping, thresholds and hardware, shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3.

304.16 Under-floor areas. Under-floor access doors and ventilation openings shall be maintained to prevent the entrance of rodents, rain and surface drainage water. Doors shall be tight fitting and ventilation openings shall be properly screened with corrosion- resistant wire mesh with openings not exceeding 1/4 inch in any dimension or alternate approved materials pursuant to current CBC 1202.4.1.

304.17 – 304.18.1 {IPMC text not modified}

304.18.2 Windows. Operable windows located in whole or in part within 12 feet above ground level or a walking surface below that provides access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device. Vacant/abandoned buildings shall provide internal window coverings to prevent easy view of the building interior.

304.18.3 – 304.19 {IPMC text not modified}

Sec. 15.45.180 Amendment of 2024 IPMC Section 309 (Pest Elimination).

Section 309 of the 2024 IPMC is amended as follows:

309.1 Infestation. All structures shall be kept free from insect, rodent and vermin infestation. When an insect, rodent or vermin infestation is brought to the attention of the code official, he or she may require the owner or agent having charge or control of the building, lot or premises to hire a licensed exterminator or other qualified professional to inspect the building, lot or premises and provide a written report verifying the presence and severity of such infestation including in the report a recommendation for proper extermination of the infestation. All structures in which insect, rodent or vermin infestations are found shall be promptly exterminated by approved processes that will not be injurious to human health. After the extermination of the infestation is complete, the code official may request a written notice from a licensed exterminator or other qualified professional attesting to the completion and success of the recommended extermination procedures. After the infestation is eliminated, proper precautions shall be taken to prevent reinfestation.

5.A.a
Packet Pg. 57
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 42 of 49

309.2 Owner. The owner of any structure shall be responsible for pest elimination within the structure prior to renting or leasing the structure, and maintaining the structure and premises in a rodent or pest-free condition. The owner does not have to remedy the condition if it is caused by an occupant who substantially fails to maintain his occupied area of the structure or premises as “clean and sanitary as the condition of the structure or premises permits”, causes or contributes to the infestation in any substantial way, or interferes with the owner’s ability to remedy or exterminate the condition.

309.3 – 309.5 deleted.

Sec. 15.45.190 Amendment of 2024 IPMC Section 505 (Water System).

Section 505 of the 2024 IPMC is amended as follows:

505.1 – 505.3 {IPMC text not modified}

505.4 Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a minimum temperature of 110°F (43°C). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless the installation complies with Chapter 5 of the current California Plumbing Code and Section 904 of the current California Mechanical Code. An approved combination temperature and pressure- relief valve discharge pipe shall be properly installed and maintained on water heaters.

505.5 – 505.5.1 {IPMC text not modified}

Sec. 15.45.200 Amendment of 2024 IPMC Section 602 (Heating Facilities).

Section 602 of the 2024 IPMC is amended as follows:

602.1 {IPMC text not modified}

602.2 Residential occupancies. Dwellings shall be provided with approved, permanently installed heating facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms as measured per IPMC Section 602.5.

Cooking appliances, fireplaces, portable space heaters, or cord and plug-connected heating equipment shall not be used as a means to provide required heating.

602.3 Heat Supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a minimum temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms.

Exceptions:

5.A.a
Packet Pg. 58
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 43 of 49

1. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be 32°F.

602.4 deleted.

Sec. 15.45.210 Amendment of 2024 IPMC Section 604 (Electrical Facilities).

Section 604 of the 2024 IPMC is amended as follows:

604.1 – 604.2 {IPMC text not modified}

604.3 Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation including the improper use of extension cords as permanent wiring, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard.

604.3.1 – 604.3.2.1 {IPMC text not modified}

Sec. 15.45.220 Amendment of 2024 IPMC Section 702 (Means of Egress).

Section 702 of the 2024 IPMC is amended as follows:

702.1 General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public right-of-way. Means of egress shall comply with the current California Building Code.

702.2 – 702.4 {IPMC text not modified}

SECTION 11. FMC CHAPTER 15.47 REPEALED AND REPLACED
Chapter 15.47 (Fremont Residential Building Code) of Fremont Municipal Code Title 15 (Buildings and Construction), Division 1 (Fremont Building Standards Code) is repealed and replaced to read as follows:

Sec. 15.47.010 Title.

This chapter shall be known and may be cited as the “Fremont Residential Building Code” or “FRBC” and will be referred to in this chapter as “this code.”

5.A.a
Packet Pg. 59
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 44 of 49

Sec. 15.47.020 Adoption of the 2025 CRC with Amendments.

The 2025 edition of the California Residential Code (CRC) as published by the California Building Standards Commission is adopted with amendments as the Residential Code of the city of Fremont, California, as if fully set out in this chapter, and is amended as set forth in this chapter. A copy of the 2025 CRC shall be maintained on file in the office of the building official.

Sec. 15.47.030 Adoption of Certain 2025 CRC Appendices

The following Appendices of the 2025 California Residential Code are adopted by the city of Fremont. The remaining Appendices are not adopted.

(a) Appendix BB (Tiny Houses)

(b) Appendix BF (Patio Covers)

(d) Appendix BO (Existing Buildings and Structures)

(e) Appendix CI (Swimming Pool Safety Act)

(f) Appendix CJ (Emergency Housing)

Sec. 15.47.040 Administration of 2025 Residential Building Code.

Chapter 1, Division II of the 2025 California Residential Code is not adopted by the city of Fremont. Refer to Fremont Municipal Code Chapters 15.05 and 15.10for Administration and Enforcement requirements.

Sec. 15.47.050 Amendment of 2025 CRC Section R302 (Fire-Resistant Construction).

Section R302 of the 2025 California Residential Code is amended as follows:

R302.1 –R302.5 {CRC text not modified}
R302.5.1 Opening Protection {CRC text not modified} Exception: deleted R302.5.2 – R302.15 {CRC text not modified}

5.A.a
Packet Pg. 60
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 45 of 49

Table R302.3.6 is amended as follows:

TABLE R302.3.6

DWELLING-GARAGE AND/OR CARPORT SEPARATION

SEPARATION MATERIAL
From the dwelling units and attics Not less than 5/8-inch Type X gypsum board or equivalent applied to the garage side
From portions of the dwelling unit above the
garage or carport
Not less than 5/8-inch Type X gypsum board
or equivalent
Structures supporting floor/ceiling assemblies
used for separation required by this section
Not less than 5/8-inch Type X gypsum board
or equivalent
Garages located less than 3 feet from a
dwelling unit on the same lot
Not less than 5/8-inch Type X gypsum board
or equivalent applied to the interior side of
exterior walls that are within this area

Sec. 15.47.060 Amendments to 2025 CRC Section R309
Section R309 of the 2025 California Residential Code is amended as follows:

R309.1 Townhouse automatic sprinkler systems. An automatic sprinkler system shall be installed in townhouses.

Exception: An automatic sprinkler system shall not be required where additions or alterations are made to existing townhouses that do not have an automatic sprinkler system installed unless as required by FMC Section 15.35.150.

R309.1.1 Design and Installation. Automatic sprinkler systems for townhouses shall be designed and installed in accordance with Section R309 and as amended by FMC Section 15.35.150.

R309.2 One (1)- and two (2)-family dwellings automatic sprinkler systems. An automatic sprinkler system shall be installed in one (1)- and two (2)-family dwellings.

Exception: An automatic sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with a sprinkler system unless as required by FMC Section 15.35.150.

R309.2.1 Design and Installation. Automatic sprinkler systems shall be designed and installed in accordance with Section R309 and as amended by FMC Section

15.35.150.

5.A.a
Packet Pg. 61
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 46 of 49

R309.3 – R309.3.8.2 deleted

Sec. 15.47.070 Amendment to 2025 CRC Section R306 (Flood-Resistant Construction).

Section R306 of the 2025 California Residential Code is amended as follows:

R306.1.1 – R306.1.3 {CRC text not modified}

R306.1.4.1 Determination of design flood elevations. See FMC Section 15.10.160 for design flood elevation.

Sec. 15.47.080 Amendment to 2025 CRC Section R401 (General).

Section R401 of the 2025 California Residential Code is amended as follows:

R401.1 – R401.3 {CRC text not modified}

R401.4 Soil tests. Exception is added at end of the CRC text as follows:

Exception: Refer to FMC Section 15.10.170.

R401.4.1 Geotechnical evaluation. When permitted by the building official, in lieu of a complete geotechnical evaluation, the load-bearing values in Table R401.4.1(1) and the soil classifications in Table R401.4.1(2) shall be assumed.

R401.4.1.1 – R401.4.2 {CRC text not modified}

Sec. 15.47.090 Amendment to 2025 CRC Section R403 (Footings).

Section R403 of the 2025 California Residential Code is amended as follows:

R403.1 – R403.1.4 {CRC text not modified}
R403.1.5 Slope. The top surface of footings shall be level. The bottom surface of footings shall not have a slope exceeding 1 unit vertical in 10 units horizontal (10 percent slope). Footings shall be stepped where it is necessary to change the elevation of the top surface of the footings or where the slope of the bottom surface of the footings will exceed 1 unit vertical in 10 units horizontal (10 percent slope).

For structures located in Seismic Design Categories D0, D1or D2, stepped footings shall be reinforced with four No. 4 rebar. Two bars shall be placed at the top and bottom of the footings as shown in Figure R403.1.5.

5.A.a
Packet Pg. 62
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 47 of 49

R403.1.6 – R403.5{CRC text not modified}

Sec. 15.47.100 Amendment to 2025 CRC Section R606 (General Masonry Construction).

Section R606 of the 2025 California Residential Code is amended as follows:

R606.12.2.2.3:2 Vertical reinforcement. Vertical reinforcement shall consist of not less than one No. 4 bar spaced not more than 48 inches (1219 mm). Vertical reinforcement shall be located within 16 inches (406 mm) of the ends of masonry walls.

R606.12.2.3 - R606.14.2 {CRC text not modified}

SECTION 12. FMC CHAPTER 15.48 REPEALED AND REPLACED
Chapter 15.48 (Fremont Green Building Code) of Fremont Municipal Code Title 15 (Buildings and Construction), Division 1 (Fremont Building Standards Code) is repealed and replaced to read as follows:

Sec. 15.48.010 Title.

This chapter shall be known and may be cited as the “Fremont green building standards code” or “FGBC” and will be referred to in this chapter as “this code.”

5.A.a
Packet Pg. 63
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 48 of 49

Sec. 15.48.020 Adoption of the 2025 California Green Building Standards Code The 2025 edition of the California Green Building Standards Code (CGBSC or CALGreen) as published by the State of California is adopted as the Green Building Code of the city of Fremont, California, as if fully set out in this chapter. A copy of the 2025 CGBSC shall be maintained on file in the office of the building official.

SECTION 13. FMC CHAPTER 15.49 ADDED
Chapter 15.49 (Fremont Historical Building Code) of Fremont Municipal Code Title 15 (Buildings and Construction), Division 1 (Fremont Building Standards Code) is added to read as follows:

Sec. 15.49.010 Title.

This chapter shall be known and may be cited as the “Fremont historical building code” or “FHBC” and will be referred to in this chapter as “this code.”

Sec. 15.49.020 Adoption of the 2025 California Historical Building Standards Code.

The 2025 edition of the California Historical Building Code (CHBC) as published by the California Building Standards Commission is adopted without amendments as the Historical Building Code of the city of Fremont, California, as if fully set out in this chapter. A copy of the 2025 CHBC shall be maintained on file in the office of the building official.

SECTION 14. EFFECTIVE DATE

This ordinance shall take effect and be enforced beginning on January 1, 2026.

SECTION 15. CEQA
The City Council determines that this ordinance is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15601(b)(3), each as a separate and independent basis for CEQA compliance.

SECTION 16. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this ordinance. Such section, subsection, sentence, clause or phrase,

5.A.a
Packet Pg. 64
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption) Ordinance XX-2025 49 of 49

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 17. PUBLICATION OF SUMMARY
The City Attorney has prepared a summary of this ordinance under Government Code Section 36933(c). The City Clerk has caused the summary to be published once in a newspaper of general circulation printed and published in Alameda County and circulated in the City of Fremont for at least five days before the date of adoption. A certified copy of the full text of the ordinance was posted in the office of the City Clerk since at least five days before this date of adoption. Within 15 days after adoption of this ordinance, the City Clerk shall cause the summary to be published again with the names of those City Council members voting for and against the ordinance and shall post in the office of the City Clerk a certified copy of the full text of this adopted ordinance with the names of those City Council members voting for and against the ordinance.
* * * * *
The foregoing ordinance was introduced before the City Council of the City of Fremont, at the regular meeting of the City Council, held on the ___ day of ___________ and finally adopted at a regular meeting of the City Council held on the ___ day of ______________ by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

5.A.a
Packet Pg. 65
Attachment: Draft Ordinance- 2025 Building Code Update (5534 : 2025 California Building Standards Codes Adoption)

5.A.b
Packet Pg. 66
Attachment: Draft Resolution- 2025 Bldg Code Findings (5534 : 2025 California Building Standards Codes Adoption)

5.A.b
Packet Pg. 67
Attachment: Draft Resolution- 2025 Bldg Code Findings (5534 : 2025 California Building Standards Codes Adoption)

5.A.b
Packet Pg. 68
Attachment: Draft Resolution- 2025 Bldg Code Findings (5534 : 2025 California Building Standards Codes Adoption)

5.A.b
Packet Pg. 69
Attachment: Draft Resolution- 2025 Bldg Code Findings (5534 : 2025 California Building Standards Codes Adoption)

5.A.b
Packet Pg. 70
Attachment: Draft Resolution- 2025 Bldg Code Findings (5534 : 2025 California Building Standards Codes Adoption)

5.A.b
Packet Pg. 71
Attachment: Draft Resolution- 2025 Bldg Code Findings (5534 : 2025 California Building Standards Codes Adoption)

5.A.b
Packet Pg. 72
Attachment: Draft Resolution- 2025 Bldg Code Findings (5534 : 2025 California Building Standards Codes Adoption)

5.A.b
Packet Pg. 73
Attachment: Draft Resolution- 2025 Bldg Code Findings (5534 : 2025 California Building Standards Codes Adoption)

5.A.b
Packet Pg. 74
Attachment: Draft Resolution- 2025 Bldg Code Findings (5534 : 2025 California Building Standards Codes Adoption)

5.A.b
Packet Pg. 75
Attachment: Draft Resolution- 2025 Bldg Code Findings (5534 : 2025 California Building Standards Codes Adoption)

5.A.b
Packet Pg. 76
Attachment: Draft Resolution- 2025 Bldg Code Findings (5534 : 2025 California Building Standards Codes Adoption)

5.A.b
Packet Pg. 77
Attachment: Draft Resolution- 2025 Bldg Code Findings (5534 : 2025 California Building Standards Codes Adoption)

5.A.b
Packet Pg. 78
Attachment: Draft Resolution- 2025 Bldg Code Findings (5534 : 2025 California Building Standards Codes Adoption)

5.A.b
Packet Pg. 79
Attachment: Draft Resolution- 2025 Bldg Code Findings (5534 : 2025 California Building Standards Codes Adoption)

5.A.b
Packet Pg. 80
Attachment: Draft Resolution- 2025 Bldg Code Findings (5534 : 2025 California Building Standards Codes Adoption)

5.A.b
Packet Pg. 81
Attachment: Draft Resolution- 2025 Bldg Code Findings (5534 : 2025 California Building Standards Codes Adoption)

5.A.b
Packet Pg. 82
Attachment: Draft Resolution- 2025 Bldg Code Findings (5534 : 2025 California Building Standards Codes Adoption)

5.A.b
Packet Pg. 83
Attachment: Draft Resolution- 2025 Bldg Code Findings (5534 : 2025 California Building Standards Codes Adoption) Fremont City Council Meeting: 11/04/25 07:00 PM
3300 Capitol Avenue Div/Dept: Community Development
Fremont, CA 94538 Category: Fees & Rates

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5402) DOC ID: 5402
Updated: 10/31/2025 8:55 AM by Dina Lewis Page 1
AMENDMENT TO MASTER FEE SCHEDULE – Public Hearing (Published Notice) to Consider an Amendment to Master Fee Resolution 8672 (Master Fee Schedule) to Make Minor Adjustments to Building User Fees and Establish Affordable Housing Processing Fees and Making Findings of CEQA Exemption.

Contact Persons:

Name: Jennifer Craven Joel Pullen
Title: Business Manager Community Development Director
Div/Dept: Community Development Community Development
Phone: 510-494-4554 510-494-4436
E-Mail: [email protected] [email protected]

Executive Summary: Staff is proposing to amend the Master Fee Schedule to make minor adjustments to Building user fees, including clean-up to the valuation-based fee categories, which were not included in the most recent Building fee update in May 2024. Staff is also proposing to establish processing fees for certain transactions related to affordable housing units, including transfer of property and refinancing.

Staff recommends that the City Council approve the master fee schedule changes described in this report and attached in the draft resolution.

BACKGROUND: The following describes how Building and Affordable Housing are funded, how their fees are structured, and the services the City provides.

Building Fees: In May 2024, City Council last authorized an update to the development- related fee schedule. Prior to May 2024, fees had not been updated since 2014. Fees charged to applicants requesting Building-related services directly fund the services provided.

The Building Division’s core responsibility is enforcing the California Building and Fire Codes, including local amendments, through its construction/plan review, permitting, and inspection services. Building’s operations are funded entirely by three types of fees: 1) fees based on the project’s construction valuation; 2) flat fees based on the number of “widgets” being installed (e.g., switches, circuits) and the average time required to provide the service; and, 3) hourly rate fees for certain plan checks and inspections.

Fees based on construction valuation generate about 70% of Building’s revenue, with flat and hourly rate fees comprising the remaining 30%.

Affordable Housing Processing Fees: The affordable housing program is funded by loan repayments made by holders of existing City-funded affordable housing loans, as required by the various loan agreements for each of the projects. A portion of these repaid monies are required to be reinvested into affordable housing unit production. The majority of City funding distributed for affordable housing construction comes from affordable housing in - lieu fees and jobs-housing linkage fees paid by market-rate development.

5.B
Packet Pg. 84
Council Staff Report (ID # 5402) Meeting of November 4, 2025 Updated: 10/31/2025 8:55 AM by Dina Lewis Page 2
Two of the affordable housing programs offered by the City require significant amounts of staff time to administer, including:

Below Market Price Program: The below market rate price (BMP) program provides home ownership opportunities to low/moderate-income buyers at affordable prices. These units are typically provided by developers of market-rate housing projects to comply with the City’s Affordable Housing Ordinance. Staff and consultant time is required for many activities related to the BMP program, including:

• Creating and executing an affordable housing agreement with the developer • Coordinating/reviewing sales of affordable units by developer • Processing BMP homeowner refinance requests
• Conducting required inspection for resales of BMPs
• Processing resales

Deed-restricted Multi-family Rental Program: The deed-restricted multi-family rental program provides affordable rental units to income-qualified tenants. These units are typically built by developers who specialize in affordable housing and typically require funding from the City to be financially viable. Staff and consultant time are required for many activities related to the multi-family rental program, including:

• Preparation/processing of loan documents for initial loan • Preparation/processing of revisions to loan documents for loan conversion, re-syndication, refinance, rehabilitation, or recapitalization • Transfer of ownership
• Annual monitoring of units to ensure compliance with regulatory requirements.

Costs for outside consultants related to these transactions as well as annual monitoring fees are typically passed on to the homeowner/developer. Staff is recommending that these pass-through fees be added to the fee schedule for full transparency.

Costs for staff time related to these transactions are not currently being passed on to homeowners/developers. Staff is recommending establishing fees to recover staff costs for several transaction types, for reasons described in more detail below.

DISCUSSION/ANALYSIS: The following describes the proposed adjustments to the Building fee schedule and the establishment of new affordable housing processing fees.

Proposed fee charges are provided in Attachment 1 (Draft Resolution).

Building Fee Adjustments: The proposed building fee adjustments described below are minimal in nature and generally result in cleaning up existing ambiguity in the presentation of the fees in the Master Fee Schedule.

Minimum Valuation Fee: This update proposes establishing a minimum valuation-based fee amount for both plan review and inspection services. Similar to other permit fees, the proposed minimum plan review and inspection fees are based on one hour of time to provide these services, which is the minimum average time required to complete a plan check and an inspection. Currently, the minimum plan review and inspection fee for valuation-based permits is $22, which is equal to about 9 minutes of a plan reviewer’s time and 10 minutes of an inspector’s time, which does not cover the minimum cost to provide

5.B
Packet Pg. 85
Council Staff Report (ID # 5402) Meeting of November 4, 2025 Updated: 10/31/2025 8:55 AM by Dina Lewis Page 3
these services. Establishing a minimum fee ensures that the cost to provide these services is recovered.

Valuation Fees: This update also includes a clean-up of the valuation fees so that cumulative fee amounts are accurately reflected. Generally, this clean-up results in very small fee reductions (e.g., a few cents per 1,000 square feet of valuation).

Clarifying Swimming Pool and Retaining Wall Valuation Table Categories: Staff is recommending clarifying the swimming pool and retaining walls valuation categories. The updated valuation table is provided in Attachment 1 (Draft Resolution).

Kitchen/Bath Remodel Fees: The Master Fee Schedule currently has a number of Express permit fees for a range of kitchen/bath remodel projects. Express permits are for home improvement projects that are simple in nature and do not require a plan review but must be inspected to verify conformance with Building Code requirements. Because no permit processing or plan review is required, Express permits are automatically issued and only require applicants to pay applicable inspection fees.

This update adds three kitchen/bath remodel scenarios to the list of projects qualifying for Express permits. These include: 1) kitchen or bathroom(s) with window replacement; 2) kitchen or bathroom(s) with electrical panel replacement; and 3) kitchen or bathroom(s) with both window replacement and electrical panel replacement. Proposed fees for these scenarios are consistent with the existing kitchen/bath remodel Express permit fees, which are based on the amount of inspection time required to verify Building Code compliance.

Electrical Charging Unit Fees: The update would add Electrical Vehicle Charging Unit to the list of various electrical inspection fees. An electrical vehicle charging unit (EVCU) is a type of electrical circuit. Currently, EVCU are charged as a general circuit. Adding the EVCU category enables the City to more accurately query and report how many EVCUs are issued.

Proposed EVCU fees are identical to those for the more general circuit.

Environmental Services Plan Review Fee (when Design Review is not required): This update adds an hourly rate fee for Environmental Services staff to charge their time to building permits that do not require design review. This would be added to the building permit in the instances when consultation on a storm water or solid waste issue may be required. Similar plan review fees exist for Planning and Engineering staff charges.

Affordable Housing Processing Fees:

As noted previously, two of the most administratively heavy programs operated by the Housing Division are the Below Market Price (BMP) home ownership program and the Affordable Multi-Family rental program. For both programs, staff is proposing new fees to offset staff time, which will preserve affordable housing funds for creation of new affordable units.

Below Market Price (BMP) Program

Developers/Lenders: In the BMP home ownership program, City staff enters affordable housing agreements with developers and participates in the sale of affordable units. Staff also reviews applications from lenders wanting to participate in the program. Currently, fees

5.B
Packet Pg. 86
Council Staff Report (ID # 5402) Meeting of November 4, 2025 Updated: 10/31/2025 8:55 AM by Dina Lewis Page 4
for consulting services are passed on where applicable; however, City staff time and outside legal fees are not reimbursed and are funded out of other affordable housing revenues.

Staff propose to establish flat fees to cover the average staff costs and pass-through legal fees for these services. Staff surveyed surrounding cities and found that many charge comparable fees (Attachment 3).

BMP Homeowners: Owners of BMP units require City participation when they refinance or sell their property. Resales, in particular, demand considerable staff time (an estimated 47 hours to oversee the resale process, which includes, but is not limited to, coordinating with the sellers and the listing agents on timing and procedures, facilitating marketing efforts, determining eligibility, meeting with prospective buyer(s), and processing legal documents). Currently, this staff time is not reimbursed and is funded out of other affordable housing revenues. Staff is proposing to establish flat fees to cover staff costs related to these transactions.

Restricted Multi-family Rental Program

Affordable housing projects developed under the Restricted Multi-family Rental Program typically receive funding from City affordable housing funds as well as other non -City sources. Currently, fees for outside legal services are passed on to developers. However, consulting services and City staff costs (with the exception of required annual monitoring) have not been reimbursed. For every affordable Multi-family Rental Program project, staff expects to spend time preparing an initial loan agreement and regulatory agreement.

However, developers sometimes request changes to the project’s financial structure or other modifications to the previously executed agreements, requiring legal/technical review and significant staff time. While staff is not proposing fees for preparing the initial agreements, staff is proposing fees to cover the staff costs related to subsequent requested changes.

Affordable housing owners often request City assistance with various financial transactions for projects that have been operational for years. Examples include refinances, rehabilitations, re-syndications, and loan restructurings. Staff is proposing to establish fees to cover consultant and staff costs related to these and other post-occupancy transactions.

Again, this will preserve affordable housing funds for creation of new affordable units.

FISCAL IMPACT: Development services provided by Building and Affordable Housing are funded by a variety of fees. Establishing new processing fees for affordable housing will preserve funds for production of new affordable housing by covering the City’s costs for a number of transaction types. The minor adjustments to the Building fees proposed would ensure that the fees for Building services reflect the City’s actual costs.

Consistent with current practice for the City’s Building fees, this update would authorize staff to administratively update hourly rate fees annually on January 1 for the new affordable housing fees to reflect any cost-of-living adjustments implemented the prior July 1. This annual update will ensure that fees based on hourly rates keep pace with hourly rate increases.

ENVIRONMENTAL REVIEW: The proposed action to update the Master Fee Schedule is exempt from the California Environmental Quality Act (CEQA), pursuant to, without limitation, CEQA Guidelines Section 15378(b)(2), (4) and/or (5), as it is a fiscal or administrative action that does not have the potential to cause a significant direct or indirect

5.B
Packet Pg. 87
Council Staff Report (ID # 5402) Meeting of November 4, 2025 Updated: 10/31/2025 8:55 AM by Dina Lewis Page 5
on the environment. The action also is exempt pursuant to CEQA Guidelines Section15061(b)(3), in that it does not have the potential for causing a significant effect on the environment. Each of the foregoing provides a separate and independent basis for CEQA exemption.

PUBLIC NOTICE: Public hearing notice was published in the Tri-City Voice for the proposed fee adjustments on October 21, 2025. Also, on October 21, notice of this public hearing was sent via email and SMS text notification to the 5,157 persons registered on the City’s Builders Interest List. Lastly, public hearing notices were mailed to the current 301 owners of Below Market Rate/Price (BMR/BMP) units.

ATTACHMENTS:
• Attachment 1 - Draft Resolution- Amendment to Master Fee Schedule • Attachment 2 - Master Fee Schedule_Section II_Development Fees_Effective 01-05- 2026
• Attachment 3 - Survey of Affordable Housing Processing Fees

RECOMMENDATION: Adopt a resolution approving an amendment to Master Fee Resolution 8672 (Master Fee Schedule) as drafted in Attachment 1.

5.B
Packet Pg. 88
Resolution 2025-XX Page 1
RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

AMENDING SECTIONS II (PLANNING , ENGINEERING, AND

BUILDING & SAFETY ) TO MAKE MINOR ADJUSTMENTS TO THE

BUILDING USER FEES AND ESTABLISH AFFORDABLE HOUSING

PROCESSING FEES AND MAKING FINDINGS OF CEQA EXEMPTION
WHEREAS, on March 1, 1994 the City Council adopted Resolution No. 8672, as amended from time to time, establishing the City’s Master Fee Schedule, fixing and establishing fees, rates and charges for goods and services provided by the City of Fremont; and WHEREAS, the proposed adjustments to Building & Safety Fees are necessary to ensure the cost to provide permitting services are adequately recovered; and WHEREAS, establishment of affordable housing program processing fees ensures that costs associated with supporting the refinancing of or changes in ownership of restricted affordable housing units adequately cover the costs associated with providing the service; and NOW, THEREFORE, based on the information set forth in the report to City Council dated November 4, 2025, as well as any information submitted to the City Council during the public hearing, or considered by the City Council during its deliberations on this matter, the City Council of the City of Fremont hereby resolves as follows:

SECTION 1. The following sections of Section II, Development – Planning, Engineering, Affordable Housing, and Building & Safety, of the Master Fee Schedule (Resolution No. 8672, as amended), are updated as set for in Attachment 1, attached hereto and incorporated by this reference:
• Addition of Section II.B.3, Environmental Services Staff building permit plan check review (when Design Review not required)
• Amendment to Section II.P.2.b, Building Plan Check and Inspection/Permit Fees • Amendment of Section, Electrical Charging Unit Fee
• Addition Section II.H.1, Affordable Housing Processing Fees • Amendment of Miscellaneous category in Exhibit 1, Minimum Acceptable Building Permit Valuation Per Square Foot
SECTION 2. None of the fees identified in Attachment 1 exceed the cost to the City of Fremont to provide the service associated with the fee.

SECTION 3. This action to update the Master Fee Schedule is exempt from the California Environmental Quality Act (CEQA), pursuant to, without limitation, CEQA Guidelines Section 15378(b)(2), (4) and/or (5), as it is a fiscal or administrative action that does not have the potential to cause a significant direct or indirect impact on the environment. The action also is exempt pursuant to CEQA Guidelines Section15061(b)(3), in that it does not have the potential for causing a significant effect on the environment. Each of the foregoing provides a separate and independent basis for CEQA exemption.

5.B.a
Packet Pg. 89
Attachment: Attachment 1 - Draft Resolution- Amendment to Master Fee Schedule (5402 : Amendment to Master Fee Schedule) Resolution 2025-XX Page 2
SECTION 4. The Master Fee Schedule (as adopted by Resolution No. 8672, and as amended thereafter) is on file in the Office of the City Clerk.

ADOPTED November 4, 2025, by the City Council of the City of Fremont by the following vote, to wit, and to be effective on January 5, 2026:

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________
Mayor

ATTEST:

__________________________________
City Clerk

APPROVED AS TO FORM:

_________________________________
City Attorney

5.B.a
Packet Pg. 90
Attachment: Attachment 1 - Draft Resolution- Amendment to Master Fee Schedule (5402 : Amendment to Master Fee Schedule) Resolution 2025-XX Page 3
ATTACHMENT 1:

Modifications to Master Fee Schedule Section II,
Development – Planning, Engineering, Affordable Housing, and Building & Safety

Section II.B.3. Added:

Section II.B.3, Environmental Services Staff building permit plan check review (when Design Review not required):

3. Environmental Services staff: A fee equivalent to the Environmental Specialist II classification hourly labor rate at step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, charged for each 15 minutes of Environmental Services plan check of Building permit requests not requiring design review by FMC Chapter 18.235, Design Review Permits, administratively adjusted annually on January 1, rounded to the nearest dollar.

Fee: $123 / hr; min. ¼-hr

Section II.P.2.b Amended:

Section II.P.2.b, Building Plan Check and Inspection/Permit Fees, is hereby amended as follows and as attached as Exhibit 1, Minimum Acceptable Building Permit Valuation per Square Foot:
b. Building Plan Check and Inspection/Permit Fees
The minimum building project valuation shall be based upon the most current building valuation data guide published, including the regional modifier for the San Jose Area as published by RS Means Square Foot Costs, as adopted in Exhibit 1, and to be administratively updated annually on July 1. Plan check fee covers up to three plan check review cycles per FMC Section 15.10.090.

Inspection/permit fee covers two inspections per element. (Res. 2025-XX)

1. Minimum Fees
a. Plan Check/Review $147 15 flat
b. Inspection $133 10 flat

5.B.a
Packet Pg. 91
Attachment: Attachment 1 - Draft Resolution- Amendment to Master Fee Schedule (5402 : Amendment to Master Fee Schedule) Resolution 2025-XX Page 4
f. $500,001 to $1,000,000 $3,331.27 for the first $500,000 plus $4.43 for each additional $1,000 or fraction thereof, to and
including $1,000,000
g. $1,000,001 to $1,750,000 $4,503.68 for the first $1,000,000 plus $3.70 for each additional $1,000 or fraction thereof, to and
including $1,750,000
h. $1,750,001 and up $7,278.68 for the first $1,750,000 plus $2.96 for each additional $1,000 or fraction thereof
Footnotes:
10 A fee equivalent to the Building Inspector II classification hourly rate at step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1. 15 A fee equivalent to the Plan Check Professional classification hourly rate at step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1.

Section II.P.5.g, Express Permits, is hereby amended to add the following fees:
• Kitchen or bathroom(s) with window replacement: $798 30 flat + 266 13 flat / additional phase • Kitchen or bathroom(s) with electrical panel replacement: $798 30 flat + 266 13 flat / additional phase
• Kitchen or bathroom(s) with window replacement and electrical panel replacement: $931 44 flat + 266 13 flat / additional phase
Footnotes:
13 A fee equivalent to 2-hours at the Building Inspector II classification hourly rate at step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1. 30 A fee equivalent to 6-hours at the Building Inspector II classification hourly rate at step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1, rounded to the nearest dollar. 44 A fee equivalent to 7-hours at the Building Inspector II classification hourly rate at step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1, rounded to the nearest dollar.

Section II.P.6.d Added:

Section II.P.6.d, Electrical Code Inspection/Permit, is amended to add fee II.P.6.d.5, Electrical Charging Unit, as follows:
(5) Electrical charging unit
(a) Residential, all: $44 35 flat
(b) Non-residential, all: $66 33 flat

Footnotes:
33 A fee equivalent to ½-hour at the Building Inspector II classification hourly rate at step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1, rounded to the nearest dollar. 35 A fee equivalent to ⅓-hour at the Building Inspector II classification hourly rate at step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1, rounded to the nearest dollar.

5.B.a
Packet Pg. 92
Attachment: Attachment 1 - Draft Resolution- Amendment to Master Fee Schedule (5402 : Amendment to Master Fee Schedule) Resolution 2025-XX Page 5
Section II.H.1 Added:

Section II.H.1, Affordable Housing Processing Fees, is incorporated in the Master Fee Schedule, including the following fees:

Below Market Price (BMP) Home Program City Fee Basis Additional Fee Below Market Price (BMP) home refinance /
subordination analysis n/a n/a Financial/technical consultant BMP home refinance / subordination administration
processing a $99 Flat n/a
BMP home resale processing b $4,826 Flat n/a
BMP home resale re-inspection c (Applicable if more than two inspections required) $248 / inspection Flat n/a
New BMP unit affordable housing agreement and sale
processing
- 1st unit b
- Each additional unit after 1st unit, up to 3 units d
- Each additional unit after 3 units e
- Each additional unit after 3 units if all to be sold
at the same time e

$4,826 / unit
$2,549 / unit
$2,376 / unit
$2,376 / unit

Flat
Flat
Flat
Flat

Legal consultant
n/a
n/a
Financial/technical consultant
BMP participating lender application review a $99 Flat n/a Restricted Multi-family Rental Program City Fee Basis Additional Fee Annual monitoring f $5,197 Flat / annual
review n/a
City financed acquisition, predevelopment, construction loan preparation n/a n/a Legal consultant; Financial/technical consultant
City financed loan conversion g $4,676 Flat Legal consultant; Financial/technical consultant
City financed loan re-syndication, refinance,
rehabilitation, recapitalization h $7,539 Flat Legal consultant; Financial/technical consultant
City financed loan restructuring h $7,539 Flat Legal consultant; Financial/technical consultant
City financed project transfer of ownership i $1,038 Flat Legal consultant Subordination processing j $2,944 Flat Legal consultant; Financial/technical consultant
No City financing regulatory agreement 25% of Job Cost n/a Legal consultant (Job Cost) Other Fees City Fee Basis Additional Fee
Legal consultant consultation 25% of Job Cost % of Job Cost Job Cost Financial/technical consultant consultation 25% of Job Cost % of Job Cost Job Cost

5.B.a
Packet Pg. 93
Attachment: Attachment 1 - Draft Resolution- Amendment to Master Fee Schedule (5402 : Amendment to Master Fee Schedule) Resolution 2025-XX Page 6
g Fee at a rate equivalent to the 20 -hours of the Associate Planner classification hourly rate at Step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1, rounded to the nearest dollar, and 12-hours of the Housing Manager classification hourly rate at the top of the pay range as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1, rounded to the nearest dollar
h Fee at a rate equivalent to the ½-hour of the Planner I classification hourly rate at Step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1, rounded to the nearest dollar, 27-hours of the Associate Planner classification hourly rate at Step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1, rounded to the nearest dollar, and 23-hours of the Housing Manager classification hourly rate at the top of the pay range as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1, rounded to the nearest dollar. i Fee at a rate equivalent to the 6-hours of the Housing Manager classification hourly rate at Step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees , and administratively adjusted annually on January 1, rounded to the nearest dollar.
j Fee at a rate equivalent to the 12-hours of the Associate Planner classification hourly rate at Step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1, rounded to the nearest dollar, and 8-hours of the Housing Manager classification hourly rate at the top of the pay range as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1, rounded to the nearest dollar

5.B.a
Packet Pg. 94
Attachment: Attachment 1 - Draft Resolution- Amendment to Master Fee Schedule (5402 : Amendment to Master Fee Schedule) Resolution 2025-XX Page 7
Exhibit 1 (Minimum Acceptable Building Permit Valuation per Square Foot ) Amended:

5.B.a
Packet Pg. 95
Attachment: Attachment 1 - Draft Resolution- Amendment to Master Fee Schedule (5402 : Amendment to Master Fee Schedule) Resolution 2025-XX Page 8

5.B.a
Packet Pg. 96
Attachment: Attachment 1 - Draft Resolution- Amendment to Master Fee Schedule (5402 : Amendment to Master Fee Schedule) 1 II. DEVELOPMENT – PLANNING, ENGINEERING, AFFORDABLE HOUSING, AND BUILDING & SAFETY

Development fees are a combination of many different fee bases, such as job cost (deposit), flat, valuation, hourly, and others as listed in this section. Where identified, deposits required for job cost fees must be paid with the submittal of an application. The City’s policies and administrative procedures for these deposits are established in City Council Resolution No. 2010-23, Land Use and Development Service Deposits, adopted April 13, 2010. Pursuant to this resolution, the deposit amounts are adjusted administratively and are updated from time to time based on the average cost to process the various application types. The deposit amounts below are provided as a convenience to applicants. However, applicants are encouraged to confirm deposit amounts with City staff prior to submittal. City Council Resolution No. 2010-23 is available for review at: https://city.fremont.gov/developmentandpermitfees . Endnotes listed in this section are described at its end following the Building & Safety fees.

A. Planning & Zoning FEE BASIS AMOUNT

1. Pre-submittal Consultation
39141000.3729 a. Preliminary Review Procedure Job Cost $5,000 Deposit / Review Cycle 39141000.3729 b. Pre-Application Job Cost $2,000 Deposit 39141000.3730 c. HCA Preliminary Application 1 (Res. 2024-19) Flat $1,320 39141000.3729 2. General Plan Amendment Job Cost $16,000 Deposit 39141000.3729 3. Zoning Ordinance
a. Amendment
(1) Rezoning Job Cost $10,000 Deposit
(2) Planned District
(a) Preliminary Site Plan Job Cost $12,500 Deposit
(b) Precise Site Plan Job Cost $12,500 Deposit
(c) Preliminary/Precise Site Plan Job Cost $25,000 Deposit (d) Planned District Amendment Job Cost $9,360 Deposit 39141000.3729 b. Planned Unit Development
(1) New Job Cost $3,840 Deposit
(2) Amendment Job Cost $1,560 Deposit
39141000.3729 c. Warm Springs Innovation District Master Plan (1) Sites five (5) to 15 acres
(a) New Job Cost $12,500 Deposit
(b) Amendment Job Cost $6,000 Deposit
(2) Site larger than 15 acres
(a) New Job Cost $25,000 Deposit
(b) Amendment Job Cost $12,500 Deposit
39141000.3729 d. Conditional Use Permit
(1) New Job Cost $11,100 Deposit
(2) Use Operation Review Job Cost $1,000 Deposit
(3) Amendment/Extension
(a) Public Hearing Required Job Cost $4,800 Deposit
(b) No Public Hearing Required Job Cost $1,500 Deposit 39141000.3729 e. Zoning Administrator Permit
(1) New Job Cost $6,200 Deposit
(2) Use Operation Review Job Cost $1,000 Deposit
(3) Amendment/Extension
(a) Public Hearing Required Job Cost $2,100 Deposit
(b) No Public Hearing Required Job Cost $1,000 Deposit 39141000.3730 f. Commercial Outdoor Patio Permit 2 (Res. 2024-19) Flat $528 39141000.3729 g. Variance Job Cost $4,000 Deposit
39141000.3729 k. Transportation Demand Management Program Job Cost $2,500 Deposit i. Agricultural Preserve Contract Job Cost $2,520 Deposit 39141000.3729 j. Finding
(1) Land Use (General Plan) Job Cost $5,000 Deposit
(2) Modifications/Interpretations Job Cost $7,500 Deposit of Zoning Standards
k. Master Sign Program, all 3 (Res. 2024-19) Flat $960 39141000.3730 l. Home Occupation Permit 4 (Res. 2024-19) Flat $42 / 5 years 39141000.3730 m. Historic Evaluation Screening 5 (Res. 2024-19) Flat $192 39141000.3729 n. Design Review
(1) Standard Review Job Cost $21,000 Deposit
(2) Minor Review Job Cost $4,000 Deposit
(3) Limited Review
(a) Master PDU, not site-specific Job Cost $2,000 Deposit

5.B.b
Packet Pg. 97
Attachment: Attachment 2 - Master Fee Schedule_Section II_Development Fees_Effective 01-05-2026 (5402 : Amendment to Master Fee 2 (b) ADU/JADU, new only Job Cost $2,000 Deposit
(c) Single Story Residential, all Job Cost $2,500 Deposit (d) Commercial Modification only Job Cost $5,000 Deposit (4) Two Story Residential, all Job Cost $3,725 Deposit (5) Wireless Telecommunications Facilities, Job Cost $450 Deposit façade/ground mount, all
(6) Public Hearing Required
(a) Planning Commission Job Cost $21,000 Deposit
(b) Historical Architectural Review Board

1. Single-Family or Two-Family, Job Cost $8,000 Deposit New/Modification

2. Mills Act Requests Job Cost $8,000 Deposit

3. Other HARB Review Job Cost $15,000 Deposit
(c) Zoning Administrator Job Cost $6,200 Deposit
39141000.3729 o. Conformance Plan Check (CPC)
(1) CPC-Standard Job Cost $11,000 Deposit
(2) CPC-Minor Job Cost $2,000 Deposit
(3) CPC-Limited
(a) Master PDU for specific site 6 Flat $1,100
(b) ADU/JADU Job Cost $1,000 Deposit
(c) Single Story Residential Job Cost $1,125 Deposit
(d) Commercial Modification Job Cost $2,500 Deposit
(4) CPC-Two Story Residential Job Cost $1,900 Deposit
39141000.3730 (5) CPC-Wireless, Façade/Ground Mount Flat $384 7 (6) CPC-Planning Commission Job Cost $11,000 Deposit
(7) CPC-HARB
(a) Single-Family/Two-Family, Job Cost $4,000 Deposit
New/Modification
(b) Other HARB Review Job Cost $8,650 Deposit
(8) CPC-Zoning Administrator Job Cost $3,100 Deposit
39141000.3729 p. Development Agreement (DA)
(1) DA, new or amendment Job Cost $6,480 deposit
(2) Annual DA Review Job Cost $2,800 deposit
39141000.3730 4. Records Retention for All Projects (Res. 2014 -17) Flat $162 8 39141000.3730 5. Zoning Verification Report Flat $384 Fee at a rate equivalent to 2 -hours at the Planner II
classification hourly labor rate at step 5 (base salary times the multiplier specified in the annual operating
budget), administratively adjusted annually on January 1, rounded to the nearest dollar. (Res. 2024-19)
39141000.3799 6. Cost for Research
Research fee for Planning Division staff assistance Hourly $192 / hr; min. ¼-hr at a rate equivalent to the Planner II classification
hourly labor rate at step 5 (base salary times
multiplier specified in the annual operating budget),
administratively adjusted annually on January 1,
rounded to the nearest dollar. (Res. 2024-19)
39141000.3799 7. Special Studies
Provided by City staff or consultants Job Cost Estimate

B. Building Permit Review Fee (Res. 2024-19) FEE BASIS AMOUNT 39141000.3799 1. Planning staff: A fee equivalent to the Planner II Hourly $192 / hr; min. ¼-hr classification hourly labor rate at step 5 (base
salary times multiplier specified in the annual
operating budget) charged for each 15 minutes
of Planning Division plan check of Building permit
requests not requiring design review by FMC
Chapter 18.235, Design Review Permits ,
administratively adjusted annually on January 1,
rounded to the nearest dollar.
39342000.3729 2. Engineering staff: A fee equivalent to Civil Engineer I Hourly $205 / hr; min. ¼-hr classification hourly labor rate at step 5 (base salary times multiplier specified in the annual operating budget) charged for each 15 minutes of Engineering Division

5.B.b
Packet Pg. 98
Attachment: Attachment 2 - Master Fee Schedule_Section II_Development Fees_Effective 01-05-2026 (5402 : Amendment to Master Fee 3 plan check of Building permit requests not requiring
design review by FMC Chapter 18.235, Design Review
Permits, administratively adjusted annually on January 1, rounded to the nearest dollar (Res. 2024 -47)

3. Environmental Services staff: A fee equivalent to the Hourly $123 / hr; min. ¼-hr Environmental Specialist II classification hourly labor rate at step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees , charged
for each 15 minutes of Environmental Services plan check of Building permit requests not requiring design review by FMC Chapter 18.235, Design Review Permits, administratively adjusted annually on January 1, rounded to the nearest dollar

C. Environmental Assessment FEE BASIS AMOUNT
39141000.3729 1. Environmental assessment Job Cost $5,400 Deposit 70241000.2211 2. Consultant services for preparation of Job Cost As Negotiated environmental assessment
39141000.3729 3. Administrative processing of environmental assessment (exclusive of costs of Job Cost 25% of Job Cost preparation of report by staff or consultant)
70241000.2211 4. Consultant services for special study Consultant Cost As Negotiated 39141000.3729 5. Administrative processing of special study Job Cost 25% of Job Cost

D. Subdivision FEE BASIS AMOUNT

1. Tract Map
39141000.3729 a. Tentative Map Job Cost $20,000 Deposit 39342000.3759 b. Final Map with Improvement Plans Job Cost $20,000 Deposit

2. Parcel Map
39141000.3729 a. Tentative Map Job Cost $16,000 Deposit 39342000.3759 b. Final Map with Improvement Plans Job Cost $16,000 Deposit

3. SB9 Subdivision (“Urban Lot Split”)
39141000.3729 a. Tentative Map Job Cost $8,000 Deposit 39342000.3759 b. Final Map Job Cost $5,000 Deposit
39141000.3729 4. Private Street Job Cost $6,240 Deposit 39342000.3759 5. Abandonment of Public Easements/Right -or-Way a. Street right-of-way Job Cost $5,000 Deposit
b. Easements or quitclaims Job Cost $5,000 Deposit
39141000.3729 6. Tentative Map Extension Job Cost $5,000 Deposit 39342000.3759 7. Amend Final Map or Certificate of Final Map Correction Job Cost $200 Deposit 39141000.3729 8. Lot Line Adjustments Job Cost $4,300 Deposit 39141000.3729 9. Lot Combination Job Cost $5,000 Deposit 39141000.3729 10. Certificate of Compliance Job Cost $1,320 Deposit 39342000.3759 11. Construction inspection services
a. Initial inspection deposit Job Cost 3% of Improvement Cost b. 1-year warranty inspection Job Cost $2,000

E. Grading FEE BASIS AMOUNT

1. Grading Permit for Land Grading, Excavations and Fills 39342000.3757 a. Plan Check
(1) Subdivision (part of subdivision plan check fee) N/A N/A (2) Non-subdivision Job Cost $600 Deposit
39342000.3757 b. Inspection
(1) Subdivision (part of subdivision inspection fee) N/A N/A (2) Non-subdivision Flat $534 + $42 for each 1,000 CY or fraction thereof
(3) Grading conducted as supervised grading Fee equal to ½ of above section

CY=cubic yards; SF=square feet; LF=linear feet

F. Encroachment Permit FEE BASIS AMOUNT
39342000.3380 1. Application fee, all (F.2 through F.11) Flat $400 39342000.3380 2. Curb, gutter, sidewalk, and driveway inspections a. Curb and gutter inspection
(1) ≤ 60 LF Flat $820 min.

5.B.b
Packet Pg. 99
Attachment: Attachment 2 - Master Fee Schedule_Section II_Development Fees_Effective 01-05-2026 (5402 : Amendment to Master Fee 4 (2) > 60 LF Flat $820 + $11.14 / LF > 60 LF
b. Sidewalk inspection
(a) ≤ 300 SF min. charge Flat $675
(b) > 300 SF and up Flat $675 + $2.50/SF > 300 SF
c. Driveway inspection
(a) ≤ 60 SF Flat $915
(b) > 60 SF Flat $915 + $11.50/SF of width
> 60SF
39342000.3380 3. Paving inspection Flat $1,060
39342000.3380 4. Excavations inspection, including transverse and longitudinal trenches and other street excavation work including surface restorations. a. Minor permit (≤ 20 SF) Flat $625
b. Major permit (> 20 SF) Flat $1,250
c. Special major encroachments (FMC 12.05.040) Job cost 3% of Improvement Cost 39342000.3380 5. Miscellaneous structures inspection, including manholes, storm water inlets storm water outlets, electroliers, and underground vaults. a. Small structures (e.g., pull boxes, vaults, poles) Flat $385 / structure b. Manhole, streetlight, fire hydrant, electroliers Flat $960 / structure c. Miscellaneous structures (work requiring > 20 days) Job cost Engineers Estimate 39342000.3380 6. Underground utility exception inspection – Authorized Flat $480 by City Engineer review

7. Traffic control application Flat $400
39342000.3380 8. Traffic control inspection Flat $290
39342000.3380 9. Dumpster/drop storage inspection Flat $439 39342000.3380 10. Well installation and abandonment inspection Flat $960 39342000.3380 11. Access over public right-of-way inspection Flat $290 39342000.3381 12. Transportation permit (set by State per AB1849)) For transportation of overweight, overlength, overwide, and/or over-height vehicles or structures on City streets a. Permit fee $16
b. Annual permit $90 / vehicle
39342000.3380 13. Storage of materials in right -of-way a. Application Flat $150
b. Inspection (≤ 2 days) Flat $248
c. Inspection (> 2 days) Job Cost Engineers Estimate
39342000.3380 14. Additional or extra inspection (one, 24 -hour period) Job Cost $100 Required when permittee does not comply with specific
written instructions communicated to them about the work. 00142005.3767 15. Nonessential sign installation Flat $100 / installation 00100000.3390 16. Interstate truck terminal (investigation and permit) Flat $400 00100000.3390 17. Interstate truck terminal trailblazer sign Flat $85 / installation 39342000.3758 18. Pole license application (Res. 2020 -04; adj. Jan. 1) Flat $477.71 39342000.3758 19. Annual pole license charge (Res. 2020 -04; adj. Jan. 1) Flat $322.39

G. Other Public Works Engineering Fees FEE BASIS AMOUNT 39342000.3799 1. Street right-of-way and improvement ordinance a. Applications for formal estimate Job Cost 1% of Est. Imp. Cost b. Formal request for variance Job Cost $200

2. Technical peer review: Special fault zone construction/ study reports, geologic and special studies.
39342000.3757 a. City fee per Alquist-Priolo Geologic Hazard Zones Act Set by State $75 70242000.2200 b. Consultant peer review Actual Cost $3,000 Deposit 39342000.3759 3. Construction inspection services
c. Initial inspection deposit Job Cost 3% of Improvement Cost d. 1-year warranty inspection Job Cost $1,000
39342000.3759 4. Improvement cost estimate
a. Roadway
(1) Paving (thoroughfare) Flat $4.50 / SF
(2) Paving (residential street) Flat $3.00 / SF
(3) 6” curb and gutter Flat $12.80 / LF
(4) 8" curb and gutter Flat $11.00 / LF
(5) Sidewalks Flat $2.75 / SF
(6) Driveways Flat $3.25 / SF
(7) Public monument Flat $300 each

5.B.b
Packet Pg. 100
Attachment: Attachment 2 - Master Fee Schedule_Section II_Development Fees_Effective 01-05-2026 (5402 : Amendment to Master Fee 5 (8) Private monument Flat $100 each
(9) Fire hydrant Flat $2,500 each
(10) Barricades Flat $30 / LF
(11) Street signs Flat $150 each
(12) Valley gutter Flat $12.80 / LF
(13) Electrolier Flat $1,900 each
(14) Underground of overhead utilities
(a) Major streets Flat $200 / LF
(b) Minor streets Flat $100 / LF
(15) Utility trenching Flat $20 / LF
(16) On-site grading Flat $3 / CY
(17) Import/off hall grading Flat $10 / CY
(18) Underground conduit Flat $5.25 / LF
(19) 12" AC trench fill Flat $16 / LF
(20) Wheelchair ramp Flat $500 each
b. Storm drainage
(1) 12" Reinforced Concrete Pipe (RCP) Flat $30 / LF
(2) 15" RCP Flat $35 / LF
(3) 18" RCP Flat $40 / LF
(4) 21" RCP Flat $45 / LF
(5) 24" RCP Flat $50 / LF
(6) 27" RCP Flat $55 / LF
(7) 30" RCP Flat $60 / LF
(8) 33" RCP Flat $65 / LF
(9) 36" RCP Flat $70 / LF
(10) 39" RCP Flat $75 / LF
(11) 42" RCP Flat $80 / LF
(12) 48" RCP Flat $85 / LF
(13) 54" RCP Flat $100 / LF
(14) 60" RCP Flat $110 / LF
(15) Manhole standard size Flat $2,200 each
(16) Curb inlet Flat $1,500
(17) 6' Chain link fence Flat $10 / LF
(18) ACFC manhole (large size) Flat $5,000 each
(19) Field inlet Flat $800 each
(20) Enter existing MH Flat $300 each
c. Sanitary sewer
(1) Sanitary manhole Flat $2,200 each
(2) Sanitary riser Flat $700 each
(3) Vitrified Clay Pipe (VCP) 4" (house sewer) Flat $700 each (4) VCP 6" Flat $30 / LF
(5) VCP 8" Flat $35 / LF
(6) VCP 10" Flat $40 / LF
(7) VCP 12" Flat $45 / LF
(8) VCP 15" Flat $55 / LF
d. Water system
(1) Water service 1" w/meter Flat $1,700 each
(2) Asbestos Cement (AC) 6" Flat $25 / LF
(3) AC 8" Flat $40 / LF
(4) AC 12" Flat $55 / LF
(5) Blow-off valve Flat $800 each
(6) 6" street pipe Flat $100 / LF
(7) Air relief valve Flat $600 each
e. Miscellaneous
(1) Irrigation and landscaping Flat $3 / SF
(2) Masonry wall 6' Flat $56 / LF
(3) Masonry wall 8' Flat $61 / LF
(4) Masonry wall 10' Flat $72 / LF
(5) Masonry wall 12' Flat $80 / LF
f. Park Improvements
(1) PUD improvements Flat $10,600 / acre
(2) PUD pedway/trailway Acre $23,600 / acre
(3) Landscaping of miscellaneous Flat $1 / SF
planter pockets and thorough -

5.B.b
Packet Pg. 101
Attachment: Attachment 2 - Master Fee Schedule_Section II_Development Fees_Effective 01-05-2026 (5402 : Amendment to Master Fee 6 fare backup area
g. Engineering, Escalation, Project Size, and Contingency Factors Percentage factors for engineering, escalation, project size, and contingency established by the Public Works Director will be included in all "improvement" cost estimates. The percentage factors shall be based on reasonable Engineering fees, the term of the contract, the project size, and the detail of the work that is known at the time the "improvement" cost estimate is made. 70242000.2200 5. Security instrument evaluation by outside legal counsel Job Cost As negotiated, $200 min.

As selected by City. Evaluation and approval of required security instruments offered as alternatives to surety
bonds relating to subdivisions, street improvements and public works projects and other projects for which security is required.
39342000.3730 6. Research fee for Engineering Division staff assistance Hourly $164 / hr.; min. ¼-hr at a rate equivalent to the Engineering Technician II
classification hourly labor rate at step 5 (base salary times multiplier specified in the annual operating budget),
administratively adjusted on January 1, rounded to the
nearest dollar (Res. 2024-47)
39342000.3730 7. Refund processing fee – Engineering records: A fee Flat $164 / record equivalent to one-hour at the Engineering Technician II classification hourly rate at step 5 (base salary times multiplier specified in the annual operating budget),
administratively adjusted annually on January 1,
rounded to the nearest dollar (Res. 2024 -47)
39342000.3730 8. Processing of affidavit for release of Engineering record Flat $164 plans for duplication. Fee at a rate equivalent to
one-hour at the Engineering Technician II classification hourly rate at step 5 (base salary times multiplier specified in the annual operating budget), administratively adjusted annually on January 1, rounded to the nearest dollar .
(Res. 2024-47).
39342000.3729 9. Grant Deed Job Cost $1,000 deposit

H. Affordable Housing Fees

1. Affordable Housing Processing Fees
Below Market Price (BMP) Home Program City Fee Basis Additional Fee Below Market Price (BMP) home refinance /
subordination analysis n/a n/a Financial/technical consultant BMP home refinance / subordination administration
processing a $99 Flat n/a
BMP home resale processing b $4,826 Flat n/a
BMP home resale re-inspection c (Applicable if more
than two inspections required) $248 / inspection Flat n/a New BMP unit affordable housing agreement and
sale processing
- 1st unit b
- Each additional unit after 1 st unit, up to 3 units d - Each additional unit after 3 units e
- Each additional unit after 3 units if all to be sold
at the same time e

$4,826 / unit
$2,549 / unit
$2,376 / unit
$2,376 / unit

Flat
Flat
Flat
Flat

Legal consultant
n/a
n/a
Financial/technical consultant
BMP participating lender application review a $99 Flat n/a Restricted Multi-family Rental Program City Fee Basis Additional Fee Annual monitoring f $5,197 Flat / annual
review n/a
City financed acquisition, predevelopment,
construction loan preparation n/a n/a Legal consultant; Financial/technical consultant
City financed loan conversion g $4,676 Flat Legal consultant; Financial/technical consultant
City financed loan re-syndication, refinance,
rehabilitation, recapitalization h $7,539 Flat Legal consultant; Financial/technical consultant
City financed loan restructuring h $7,539 Flat Legal consultant; Financial/technical consultant
City financed project transfer of ownership i $1,038 Flat Legal consultant Subordination processing j $2,944 Flat Legal consultant; Financial/technical consultant

5.B.b
Packet Pg. 102
Attachment: Attachment 2 - Master Fee Schedule_Section II_Development Fees_Effective 01-05-2026 (5402 : Amendment to Master Fee 7 No City financing regulatory agreement 25% of Job Cost n/a Legal consultant Other Fees City Fee Basis Additional Fee
Legal consultant consultation 25% of Job Cost % of Job Cost Job Cost Financial/technical consultant consultation 25% of Job Cost % of Job Cost Job Cost

Notes for Affordable Housing Processing Fees (Section II.H.1) :
a Fee at a rate equivalent to 1-hour at a rate equivalent to the Planner I classification hourly rate at Step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees , and administratively adjusted annually on January 1, rounded to the nearest dollar. b Fee at a rate equivalent to the 47-hours of the Planner I classification hourly rate at Step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees , and administratively adjusted annually on January 1, rounded to the nearest dollar, and 1 -hour at a rate equivalent to the Housing Manager classification hourly rate at the top of the pay range as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1, rounded to the nearest dollar. c Fee at a rate equivalent to the 2.5-hours of the Planner I classification hourly rate at Step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1, rounded to the nearest dollar. d Fee at a rate equivalent to 24-hours at a rate equivalent to the Planner 1 classification hourly rate at Step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1, rounded to the nearest dollar, and 1-hour at a rate equivalent to the Housing Manager classification hourly rate at the top of the pay range as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1, rounded to the nearest dollar. e Fee at a rate equivalent to 24-hours of the Planner 1 classification hourly rate at Step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1, rounded to the nearest dollar if units are to be sold in different phases up to three units per phase. If more than three units are to be sold at any one time, each additional unit starting at fourth unit at consultant’s hourly rate.
f Fee at a rate equivalent to 49-hours of the Planner I classification hourly rate at Step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1, rounded to the nearest dollar, and 2-hours at a rate equivalent to the Housing Manager classification hourly rate at the top of the pay range as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1, rounded to the nearest dollar. g Fee at a rate equivalent to the 20-hours of the Associate Planner classification hourly rate at Step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1, rounded to the nearest dollar, and 12-hours of the Housing Manager classification hourly rate at the top of the pay range as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1, rounded to the nearest dollar . h Fee at a rate equivalent to the ½-hour of the Planner I classification hourly rate at Step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees , and administratively adjusted annually on January 1, rounded to the nearest dollar , 27-hours of the Associate Planner classification hourly rate at Step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees , and administratively adjusted annually on January 1, rounded to the nearest dollar, and 23-hours of the Housing Manager classification hourly rate at the top of the pay range as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees , and administratively adjusted annually on January 1, rounded to the nearest dollar.
i Fee at a rate equivalent to the 6-hours of the Housing Manager classification hourly rate at Step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1, rounded to the nearest dollar. j Fee at a rate equivalent to the 12-hours of the Associate Planner classification hourly rate at Step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1, rounded to the nearest dollar, and 8-hours of the Housing Manager classification hourly rate at the top of the pay range as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1, rounded to the nearest dollar.

5.B.b
Packet Pg. 103
Attachment: Attachment 2 - Master Fee Schedule_Section II_Development Fees_Effective 01-05-2026 (5402 : Amendment to Master Fee 8 2. Affordable Housing In-Lieu Fees (Res. No. 2021-76, 12/14/21; Res. No. 2017 -42, 06/20/17) Residential Projects Fee per SF

1. For-Sale Housing Fees – In-lieu fee due when no inclusionary units are provided on -site 1 (a) For-sale units $44.00
(b) Stacked flats $27.00

2. For-Sale Housing Fees – In-lieu fee due for low income units when required moderate income units are provided on-site 2
(a) For-sale units $29.00
(b) Stacked flats $12.00

3. For-Sale Housing Fees – In-lieu fee due for fractional moderate units when required moderate income units are provided on-site and applicant elects to pay an affordable housing in -lieu fee for a fractional moderate unit 3 (a) For-sale units Fractional unit/total affordable
unit requirement x $15.00 x total
habitable square footage in the
project (b) Stacked flats

4. For-Sale Housing Fees – In-lieu fee due for fractional low -income units when required low -income units are provided on-site and applicant elects to pay an affordable housing in -lieu fee for a factional unit 4 (a) For-sale units
Fractional unit/total affordable
unit requirement x $29.00 x total
habitable square footage in the
project
(b) Stacked flats
Fractional unit/total affordable
unit requirement x $12.00 x total
habitable square footage in the
project

5. Rental Housing Fees – In-lieu fee due when no inclusionary units are provided on -site 5 (a) Rental units over 700 SF $17.50
(b) Rental units up to 700 SF $8.75
(c) With underlying subdivision map $27.00

6. Residential for-sale projects deemed complete between June 7, 2015 and December 2, 2021 6
01/01/2026 -
12/31/2026
Each Jan. 1st
thereafter
(a) Attached units $38.34 Rate Indexed
(b) Detached units $36.36 Rate Indexed

Non-Residential Projects 6, 7, 8
Fees per SF
01/01/2026 -
12/31/2026
Each Jan. 1st
thereafter
Light Industrial, Manufacturing, 8 and Warehouse $6.14 Rate Indexed Hotel, Office,8 R&D, Retail/Service $11.84 Rate Indexed

Notes for Affordable Housing In-Lieu Fees (Section II.H.2):
“SF” = Square Feet

1. Fee per habitable square foot of market -rate housing in for-sale residential projects in lieu of construction of affordable units on -site as permitted by Fremont Municipal Code Section 18.155.080(a).

2. Fee per habitable square foot of market-rate housing in for-sale residential projects to mitigate the cost of construction for low-income units as permitted by Fremont Municipal Code Section 18.155.080(b).

3. Fee per habitable square foot of market-rate housing in for-sale residential projects in lieu of construction of fractional moderate-income unit, as permitted by Fremont Municipal Code Section 18.155.080(b) and prescribed by 18.155.090(b).

4. Fee per habitable square foot of market-rate housing in for-sale residential projects in lieu of construction of fractional low-income unit, as permitted by Fremont Municipal Code Section 18.155.030(a)(4) and prescribed by 18.155.090(b).

5. Fee per habitable square foot of rental housing to mitigate the project’s impact on the need for affordable housing.

6. Fees adjusted annually on January 1 of each year to reflect annual changes in construction costs as measured by the Engineering News Record McGraw-Hill Construction Weekly Building Cost Index for San Francisco but in no case higher than justified by the applicable Nexus Study.

7. Non-residential affordable housing fees will be collected on a per gross square foot basis exclusive of:
a. Parking garages, trash enclosures, equipment yards, external covered walkways, and atriums. Stairwells, elevator shafts, stor age areas and similar spaces, however, shall count.
b. Additions to existing nonresidential buildings where the addition represents less than 1,000 square feet. c. Supportive services within the non -residential portion of a mixed-use project that are linked to a supportive housing project. d. Development for public use on property owned by and serving federal, state, or local government, including hospital, park, school, and utility district purposes.

5.B.b
Packet Pg. 104
Attachment: Attachment 2 - Master Fee Schedule_Section II_Development Fees_Effective 01-05-2026 (5402 : Amendment to Master Fee 9 e. Class A Office Space8 within the Warm Springs Community Plan area only and Headquarter Office8 citywide shall be exempt from payment of this fee through January 1, 2020.
f. Advanced Manufacturing Space 8 shall only pay for the first 100,000 gross square feet of space within the building.

8. See definitions for special subtypes: “Advanced Manufacturing,” Class A Office,” and “Headquarter Offices.”

Definitions for Affordable Housing Fees (Section II.H):
“Class A Office Space” means office space that, in the discretion of the Community Development Director or designee substantially meets all of the following criteria:
a) Is designed to attract and to meet the needs of well -known business tenants; b) Includes distinguished architectural features or exceptional design elements; c) Is characterized by above average quality standard finishes; d) Is well located relative to the needs of major tenant sectors in the marketplace; e) Is served by state of art building systems (e.g., mechanical, HVAC, elevator and utility); f) Has building services that are characterized by above -average maintenance and upkeep; and g) Offers ample, easily available and convenient designated parking and/or access to rail transit sufficient to meet the needs of tenants and visitors during typical business hours.

Examples locally include: Office buildings at Civic Center Drive/Walnut Avenue.

“Headquarters Office” shall mean an office facility and any adjoining facilities that serve as the primary office of the multi-state, regional (e.g., West Coast), or national company.

“Advanced manufacturing space” shall mean a whole or hybrid space that incorporates or supports:
a) The use of innovative technology/high precision equipment to improve products or processes; or b) New business or management methodologies in fields such as high technology products and processes or flexible manufacturing.

Examples locally include: Delta, Lam Research.

As used herein:
a) “High technology products and processes” means advanced, new, and innovative products and processes. b) “Flexible manufacturing” means a manufacturing process capable of furnishing a diverse mix of products in small or large volumes with both the efficiency of mass production and the flexibility of custom manufacturing in order to respond quickly to customer de mand.

The Community Development Director shall have discretion to determine whether a use constitutes advanced or traditional manufacturing, and in resolving any ambiguities shall give consideration to the definitions and examples of advance manufacturing provided in the April 2016 report of the Subcommittee for Advanced Manufacturing of the National Science and Technology Counsel, entitled Advanced Manufacturing: A Snapshot of Priorities Areas Across the Federal Government , and available for reference here: Advanced Manufacturing: A Snapshot of Priority Technology Areas Across the Federal Government | Manufacturing USA .

Examples locally include: Seagate, Tesla, Thermo -Fisher, Western Digital, among other

5.B.b
Packet Pg. 105
Attachment: Attachment 2 - Master Fee Schedule_Section II_Development Fees_Effective 01-05-2026 (5402 : Amendment to Master Fee 10 I. Development Impact Fees (Res. 2023-59, 12/12/2023) KSF: Thousand square feet

Notes for Development Impact Fees (Section II.I):

1. Definitions application to land use categories from the Comprehensive Development Impact Fee Update Background Technical Report shall be used in applying the fees above.

2. Residential uses pay all five fees listed above.

3. Non-residential uses pay three fees, being: Capital Facilities; Fire Facilities; and Traffic fees.

4. Under the Traffic fee, residential units with more than four bedrooms pay the fee applicable to a 4 -bedroom unit.

5. For uses paying the Traffic fee as a Business Park, the most applicable Capital Facilities and Fire Facilities fees would also apply (e.g., office, manufacturing).

6. Deed-restricted affordable housing units shall pay Traffic, Parkland, and Park Facilities fees at a rate that is 50% of the rate s hown above. Capital Facilities and Fire Facilities fees shall be paid at the full rate shown above.

J. Construction Tax (Ord. 1876, 6/6/89)
00100000.3320 The fees imposed under Municipal Code Section 5.05.280 for each dwelling unit (DU) are indicated below:

Ordinance requires automatic increases on July 1 of each year based on the change in the gross national product (GNP) deflator.

Category FEE BASIS AMOUNT (Eff. 07/01/2025)
• New Dwellings
o Single Family Flat $3,037 / Dwelling Unit
Land Use Category
Capital
Facilities
Fire
Facilities Traffic 6 Parkland 6
Park
Facilities 6
0 bedrooms (studios) $1,626 $305 $2,836 $5,773 $6,862
1 bedroom $2,199 $413 $2,836 $8,944 $10,292
2 bedrooms $3,267 $613 $3,169 $12,300 $14,410
3 bedrooms $4,181 $785 $3,169 $15,062 $17,841
4 bedrooms $4,906 $920 $4,824 $18,826 $21,957
Additional per bedroom rate
when more than 4 bedrooms $971 $182 See Note 4 $3,470 $4,117 Office (KSF) $1,269 $752 $7,046 --- ---
Retail/Service (KSF) $754 $447 $9,648 --- ---
Warehouse (KSF) $543 $449 $4,171 --- ---
Light Industrial (KSF) $424 $251 $5,107 --- ---
Manufacturing (KSF) $772 $458 $3,546 --- ---
Research & Development (KSF) $978 $581 $5,060 --- ---
Business Park (KSF) See Note 5 See Note 5 $5,959 --- --- Convalescent Home/
Nursing Home (KSF) $424 $251 $4,776 --- ---
Assisted Living/Congregate Care
Facility (KSF) $424 $251 $947 --- ---
Hospital (KSF) $424 $251 $5,435 --- ---
Religious Facility (KSF) $1,093 $649 $4,446 --- ---
Schools, all (K-12) (KSF) $1,093 $649 $10,025 --- ---
School, Vocation/Trade/
Collegian (KSF) $1,093 $649 $12,484 --- ---
Hotel/Motel (Room) $241 $143 $2,885 --- ---
Other Use Not Listed Determined based on similar use

5.B.b
Packet Pg. 106
Attachment: Attachment 2 - Master Fee Schedule_Section II_Development Fees_Effective 01-05-2026 (5402 : Amendment to Master Fee 11 o Two Family Flat $2,566 / Dwelling Unit
• Multiple Dwellings Flat $2,257 / Dwelling Unit
• Structural Additions to All Dwellings Flat $0.97 / SF added • Mobile Home Lots Flat $2,154 / mobile home lot

K. Community Planning Fee (Res. 2005-43; Res. 2024-19) FEE BASIS AMOUNT 39141000.3739 Community Planning Fee is assessed to recover Percentage 15% of building plan check a portion of the costs associated with annual and permit/inspection fees maintenance and comprehensive updates to the
General Plan, including implementation of the
Zoning Ordinance and Climate Action Plan. This
fee is imposed on all building plan checks and
issued permits (Section III). The term “building permit fees” shall mean all fees required by Master Fee
Schedule Section II.P, Building & Safety; provided,
however, the term “building” specifically excludes
the following fees: Building Application Fee,
Section II.P.2.a; General Fees, Section II.P.1; and
Other Building Plan Check and Inspection Fees ,
Section II.P.12.

L. Permitting Technology Fee (Res. 2024-19) FEE BASIS AMOUNT 39141000.3742 Permitting Technology Fee is assessed to recover Percentage 3% of plan review a portion of the annual licensing costs associated and inspection services 39241004.3742 with permit processing, electronic plan review, and document signature software programs required for
39342000.3742 processing permit requests. The fee is applied to the technical plan review and inspections costs
associated with permits required by FMC Title 12
(Street, Sidewalks, and Public Property), Title 15
(Building & Safety), FMC Title 17 (Subdivisions),
and FMC Title 18 (Planning and Zoning). Not
applicable to: fees collected on behalf of State of
California; construction tax; development impact
fees; and affordable housing fees.

M. Reasonable Accommodation Fee FEE BASIS AMOUMT
39141000.3729 Per Senate Bill 520 and Ordinance 2321, the City N/A No Charge must establish a process for considering Requests
for Reasonable Accommodation for persons with
disabilities under the Fair Housing Act and make
adequate provisions in the City’s Housing Element
for housing needs of all economic segments of the
community. (Res. 9877, 2/11/03)

N. Art District Fees FEE BASIS AMOUNT

1. Warm Springs Innovation District Art Fee (Res. 2014-47) GSF $0.81 / GSF PWC8863 Per gross square foot (GSF) of construction as -502.3731 permitted by FMC Section 18.49.100(b) and subject to an annual automatic escalation based on the
Consumer Price Index (CPI) in
San Francisco/Oakland/San Jose as required by
FMC Section 18.49.100(b).

2. Downtown Art Fee (Res. 2012 -53) GSF $0.81 / GSF
PWC8862 Per gross square foot (GSF) of construction
-501.3731 as permitted by FMC Section 18.47.120(b)
and subject to an annual automatic escalation
based on the Consumer Price Index (CPI)
in San Francisco/Oakland/San Jose as
required by FMC Section 18.47.120(b).

3. City Center Art Fee (Res. 2016 -05) GSF $0.81 / GSF PWC8912 Per gross square foot (GSF) of construction as -502.3731 permitted by FMC Section 18.43.135(b) and
subject to an annual automatic escalation based
on the Consumer Price Index (CPI) in San

5.B.b
Packet Pg. 107
Attachment: Attachment 2 - Master Fee Schedule_Section II_Development Fees_Effective 01-05-2026 (5402 : Amendment to Master Fee 12 Francisco/Oakland/San Jose as required by
FMC Section 18.43.135(b).

4. Ardenwood Technology Park (PD -2015-23) Art Fee GSF $0.81 / GSF PWC8985 (Res. 2018-26)
-502.3731 Per gross square foot (GSF) of construction
as permitted PD-2015-23 and subject to an
annual automatic escalation based on the
Consumer Price Index (CPI) in San
Francisco/Oakland/San Jose Area as
required by PD-2015-23.

. O. Addressing Fee (Res. 2024-19) FEE BASIS AMOUNT
62017024.3799 1. Address, new or rescind existing
a. First address Flat $278
A fee equivalent 2-hours at the GIS Information
Specialist II classification hourly rate at step 5
as specified in the Billing Pay Schedule in
Section I.G.2, Labor Costs for Employees,
administratively adjusted annually on
January 1, rounded to the nearest dollar .
b. Each additional address after the first address Flat $70 / address A fee equivalent to ½-hour at the GIS Information
Specialist II classification hourly rate at step 5
as specified in the Billing Pay Schedule in
Section I.G.2, Labor Costs for Employees,
administratively adjusted annually on
January 1, rounded to the nearest dollar .
62017024.3799 2. Address verification Flat $139 / address A fee equivalent 1-hour at the GIS Information
Specialist II classification hourly rate at step 5 as
specified in the Billing Pay Schedule in Section
I.G.2, Labor Costs for Employees, administratively
adjusted annually on January 1, rounded to the
nearest dollar.
62017024.3799 3. Street name review, new or rescind existing Flat $139 / street A fee equivalent to 1-hour at the GIS Information
Specialist II classification hourly rate at step 5 as
specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, administratively adjusted
annually on January 1, rounded to the nearest dollar.

P. Building and Safety FEE BASIS AMOUNT

1. General Fees (Res. 2024-19)
39241004.3799 a. Records/reports research Hourly $102 9 / hr; min. ¼-hr 39241003.3756 b. Survey/site inspection or consultation Hourly $133 10 / hr; min. 1-hr 39241004.3703 c. Document imaging 11
(1) 8½ x 14 spec. sheets Vendor Cost $0.042 / page
(2) Plan sheet (larger than 8½ x 14) Vendor Cost $1.06 / sheet 39241004.3745 d. Processing of affidavit requesting Flat $102 9 / each release of plans for duplication
39241004.3799 e. Duplicate certificate of occupancy (CO) (1) Existing CO can be verified through Flat $44 12 / record City records
(2) Existing CO cannot be verified through Flat $266 13 / record City records, and not issued in
conjunction with a building permit
39241003.3348 f. Temporary Certificate of Occupancy; Flat $266 13 / 30 day survey/site inspection to allow occupancy
before final permit inspection
39241004.3799 g. Reinstatement of Expired Permit Hourly $174 14 / hr; min. 1-hr 39241004.3799 h. Plan Check/Issued Permit Extension Request Hourly $174 14 / hr; min. ½-hr 39241004.3342 i. AB2234 appeal to City Council Flat See Section I.P 39241004.3799 j. Accessibility review/consultation Hourly $147 15 / hr; min. 2-hrs 39241004.3799 k. Exterior elevated elements evaluation Hourly $147 15 / hr; min. 2-hrs 39241004.3799 l. Refund processing fee Flat $102 9 / record

5.B.b
Packet Pg. 108
Attachment: Attachment 2 - Master Fee Schedule_Section II_Development Fees_Effective 01-05-2026 (5402 : Amendment to Master Fee 13 39241004.3799 m. Work Commencing Before Permit Issuance (1) Violation fee per FMC§15.10.090 [CBC109.4] 100% of permit fee (2) Investigation fee FMC§15.10.090 [CBC109.4.1] 100% of permit fee 39141000.3739 n. Community Planning Fee Percentage Per Section II.K varies o. Permitting Technology Fee Percentage Per Section II.L 00100000.3320 p. Construction Tax Flat Per Section II.J 39241003.3384 q. Building standards administration special Set by State of California revolving fund (State mandated; SB1473)
39241003.3388 r. Strong-motion instrumentation and seismic Set by State of California 39241003.3389 hazard mapping (State mandated)

2. Building Code
39241004.3341 a. Building Application Fee 16 (Res. 2024-19) Flat $153 17 / record 39241003.3340 b. Building Plan Check and Inspection/Permit Fees The minimum building project valuation shall be based upon the most current building valuation data guide published, including the regional modifier for the San Jose Area as published by RS Means Square Foot Costs, as adopted in Exhibit 1, and to be administratively updated annually on July 1. Plan check fee covers up to three plan check review cycles per FMC Section 15.10.090. Inspection/permit fee covers two inspections per element. (Res. 2025-XX)

1. Minimum Fees
a. Plan Check/Review $147 15 flat
b. Inspection $133 10 flat

2. Valuation Fees
Valuation Range Fee Amount
a. $1 to $8,000 Minimum Fee (Section II.P.2.b.1)
b. $8,001 to $25,000 $155.07 for the first $8,000 plus $14.77 for each additional $1,000 or fraction thereof, to and including $25,000
c. $25,001 to $50,000 $406.19 for the first $25,000 plus $10.34 for each additional $1,000 or fraction
thereof, to and including $50,000
d. $50,001 to $100,000 $664.69 for the first $50,000 plus $7.38 for each additional $1,000 or fraction thereof, to and including $100,000
e. $100,001 to $500,000 $967.27 for the first $100,000 plus $5.91 for each additional $1,000 or fraction thereof, to and including $500,000
f. $500,001 to $1,000,000 $3,331.27 for the first $500,000 plus $4.43 for each additional $1,000 or fraction thereof, to and including $1, 000,000
g. $1,000,001 to $1,750,000 $4,503.68 for the first $1,000,000 plus $3.70 for each additional $1,000 or fraction thereof, to and including $1, 750,000
h. $1,750,001 and up $7,278.68 for the first $1,750,000 plus $2.96 for each additional $1,000 or fraction thereof

3. Plan Check Review (Res. 2024 -19) FEE BASIS AMOUNT
39241004.3342 a. All occupancies; includes three (3) Valuation Per Section II.P.2.b plan check review cycles per record
39241004.3342 b. Additional plan check review cycles Hourly $147 15 / hr; min. ½-hr exceeding three (3) per record
39241004.3342 c. Building trades plan check review
(1) New construction, all, including Valuation 25% of Building Plan Check fee Electrical Code, Mechanical Code, required by II.P.2.b and Plumbing Code trade reviews min. $294
per trade 18
(2) Additions, alterations, and Hourly $147 15 / hr; min. 2-hrs per trade modifications, all
39241004.3342 d. AB2234 Completeness Review Flat $136 19 39241004.3342 e. Plan checking revisions to approved plan Hourly $147 15 / hr; min. 1-hr 39241004.3342 f. Plot plan review for approved subdivision Flat $147 15 / unit g. Outside consultant plan checking, all,
including hazardous materials occupancy Actual Cost + 20% admin. fee 39241004.3746 h. Alternative materials and methods of Hourly $161 20 / hr; min. 6-hrs construction processing and review
39241004.3342 i. Disabled access compliance Hourly $161 20 / hr; min. 3-hrs waiver review based upon hardship
39241004.3342 j. Plan check performed on an expedited Hourly $181 21 / hr; min. 1-hr basis at applicant request in addition to
the plan check fee
k. Pre-application meeting Hourly $147 15 / hr / person

5.B.b
Packet Pg. 109
Attachment: Attachment 2 - Master Fee Schedule_Section II_Development Fees_Effective 01-05-2026 (5402 : Amendment to Master Fee 14 No charge for first hour of pre -application meeting. in attendance

4. Renewable Energy Systems
39241004.3340 / (Res. 2024-19; maximum set by Govt Code 66015; fee includes application, plan check, inspection) 39241003.3340 a. Instant Solar Permit (ISP) Inspection (1) Up to 15 kW Flat $133 10 (base rate)
(2) >15 kW Flat $133 10 (base rate)
+ $7.50 / kW > 15kW
39241004.3740 / b. Residential Solar Energy System
39241003.3740 (1) 0 kW to 15 kW Flat $280 22 (base rate) (2) >15 kW Flat $280 22 (base rate)
+ $15 / kW > 15 kW
39241004.3740 / c. Residential Thermal System
39241003.3740 (1) 0 kW to 10 kWth Flat $280 22 (base rate) (2) >10 kWth Flat $280 22 (base rate)
+ $15 / kWth > 10 kWth
39241004.3740 / d. Commercial Solar Energy System
39241003.3740 / (1) 0 kW to 15 kW Flat $560 23 (base rate) (2) >15 kW to 250 kW Flat $560 23 (base rate)
+ $7 / kW up to 250 kW
(3) >250 kW Flat $2,205 25 + $5 / kW > 250 kW
39241004.3740 / e. Commercial Thermal System
39241003.3740 (1) 0 kWth to 30 kWth Flat $567 24 (base rate) (2) >30 kWth to 260 kWth Flat $567 24 (base rate)
+ $7 / kWth up to 260 kWth
(3) > 260 kWth Flat $2,177 26 + $5 / kWth > 260 kWth 39241003.3740 f. Additional or other inspection Flat $133 10 / inspection 39241003.3740 g. Re-inspection Flat $133 10 / inspection 39241003.3755 h. Overtime Inspection
(1) Weekday when contiguous to Hourly $164 27 / hr; min. 1-hr regular work hours
(2) Weekday more than 2-hours before Hourly $164 27 / hr; min. 4-hrs or after normal work hours
(3) Weekend/Holiday Hourly $164 27/ hr; min. 4-hrs

5. Express Permits 16 (no plan review; inspection only) (Res. 2024 -19) 39241003.3370 a. Electrical, maximum $266 13 for combination of (1) through (4), below (1) Main panel replacement/upgrade, residential only Flat $133 10 (2) Rewire of residence, residential only Flat $266 13 (3) Temporary power pole and service drop, all Flat $133 10 (4) Electric vehicle charging unit, residential only Flat $133 10 39241003.3360 b. Mechanical, maximum $266 13 for combination of (1) through (4), below (1) Furnace (space heating appliance)
addition/replacement, residential only Flat $133 10
(2) Air conditioning addition/replacement, Flat
residential only
(3) Furnace and air conditioning replacement, Flat $133 10 residential only
(4) Duct/vent additional/replacement, residential only Flat $133 10 39241003.3350 c. Plumbing, maximum $266 13 for combination of (1) through (4), below (1) Water heater or softener addition/replacement, Flat $133 10 residential only, with one or more fixture
(2) Gas re-pipe/addition/alteration, residential only Flat $133 10 (3) Water re-pipe/addition/alteration, residential only Flat $133 10 (4) Electric heat pump water heater Flat $133 10
addition/replacement, residential only
39241003.3340 d. Reroof
(1) Residential
(a) Overlay/new deck Flat $266 13
(b) Solar removal and replacement Flat $399 28
(2) Commercial
(a) Reroof Flat $266 13
(b) Phased roof Flat $266 13 +
$133 10 / additional phase
39241003.3340 e. Window replacement
(1) Like-for-like replacement, Flat $133 10

5.B.b
Packet Pg. 110
Attachment: Attachment 2 - Master Fee Schedule_Section II_Development Fees_Effective 01-05-2026 (5402 : Amendment to Master Fee 15 residential only
(2) Slider and window replacement, Flat $266 13
residential only
39241003.3340 f. Residential foundation retrofit, pre -approved Flat $266 13 foundation plan
39241003.3340 g. Residential kitchen and bathroom remodel, like -for-like only (1) Kitchen only Flat $532 29
(2) Bath only Flat $532 29
(3) Kitchen & bath Flat $798 30
(4) Kitchen & phased bathrooms Flat $798 30 +
$266 13 / additional phase
(5) Kitchen & bathroom(s) with window replacement Flat $1,064 31 + $266 13 / additional phase
(6) Kitchen or bathroom(s) with window replacement Flat $798 30 + $266 13 / additional phase
(7) Kitchen & bathroom(s) with electrical panel Flat $1,064 31 + replacement $266 13 / additional phase
(8) Kitchen or bathroom(s) with electrical panel Flat $798 30 + replacement $266 13 / additional phase
(9) Kitchen & bathroom(s) with window replacement Flat $1,197 32 + and electrical panel replacement $266 13 / additional phase (10) Kitchen or bathroom(s) with window replacement Flat $931 44 + and electrical panel replacement $266 13 / additional phase 39241003.3351 h. Swimming pool demolition/removals, res idential only Flat $266 13 39241003.3340 i. Additional or other inspection Flat $133 10 39241003.3340 j. Reinspection Flat $133 10
39241003.3755 k. Overtime Inspection
(1) Weekday when contiguous to Hourly $164 27 / hr; min. 1-hr regular work hours
(2) Weekday more than 2-hours before Hourly $164 27 / hr; min. 4-hrs or after normal work hours
(3) Weekend/Holiday Hourly $164 27/ hr; min. 4-hrs

6. Electrical Code Inspection/Permit (Res. 2024 -19)
39241003.3370 a. Minimum inspection fee Flat $133 10
b. New single-family/duplex, all, Flat $133 10 / unit except attached garage area
c. New multifamily (3+ units), all Flat $133 10 / unit d. All other electrical construction, installation or maintenance:
(1) Lighting outlets, fixtures, or switches, all Flat $66 33 / 10 items (2) Mercury vapor outdoor lighting fixtures, all Flat $33 34 / 10 items (3) Service panel, including temporary power pole, all Flat $44 35 / panel (4) Circuit breaker
(a) Residential, all Flat $44 35
(b) Non-residential, all Flat $66 33 / 10 breakers
(5) Electrical charging unit
(a) Residential, all Flat $44 35
(b) Non-residential, all Flat $66 33
39241003.3740 e. Additional or other inspection Flat $133 10 / inspection 39241003.3740 f. Re-inspection Flat $133 10 / inspection 39241003.3755 g. Overtime Inspection
(1) Weekday when contiguous to regular Hourly $164 27 / hr; min. 1-hr (2) Weekday more than 2-hours before or after Hourly $164 27 / hr; min. 4-hrs normal work hours
(3) Weekend/Holiday Hourly $164 27 / hr; min. 4-hrs

7. Plumbing Code Inspection/Permit (Res. 2024 -19)
39241003.3350 a. Minimum inspection fee Flat $133 10
b. New single-family/duplex, all Flat $133 10 / unit
c. New multifamily (3+ units), all Flat $133 10 / unit d. All other plumbing construction, installation or maintenance:
(1) Fixtures and repipe, all Flat $33 34 / 5 items
(2) Sewer connection, all Flat $33 34
(3) Rainwater collection system, all Flat $33 34
(4) Septic tank unit, all Flat $33 34
(5) Water heater, all Flat $33 34

5.B.b
Packet Pg. 111
Attachment: Attachment 2 - Master Fee Schedule_Section II_Development Fees_Effective 01-05-2026 (5402 : Amendment to Master Fee 16 (6) Gas piping outlet, all Flat $33 34 / 5 items
(7) Hazardous, non-residential water treatment, all Flat $66 33 (8) Grease interceptor, all Flat $66 33
(9) Non-hazardous water treatment, all Flat $66 33
(10) Drains/vents, all Flat $44 35 / 5 items
(11) Lawn sprinkler system, all, Flat $33 34
including backflow protection devices
(12) Vacuum breakers, backflow Flat $33 34
devices, irrigation system, all
(13) On-site storm drain system, all Flat $33 34
39241003.3740 e. Additional or other inspection Flat $133 10 / inspection 39241003.3740 f. Re-inspection Flat $133 10 / inspection 39241003.3755 g. Overtime Inspection
(1) Weekday when contiguous to regular Hourly $164 27 / hr; min. 1-hr (2) Weekday more than 2-hours before or after Hourly $164 27 / hr; min. 4-hrs normal work hours
(3) Weekend/Holiday Hourly $164 27 / hr; min. 4-hrs 39241003.3360 8. Mechanical Code Inspection/Permit (Res. 2024 -19) a. Minimum inspection fee Flat $133 10
b. New SFR and duplex heating, Flat $133 10 / unit
ventilating, air-conditioning (HVAC) system
c. New multifamily (3+ units) HVAC Flat $133 10 / unit d. Furnace with vents, all Flat $33 34
e. Floor furnace with vents, all Flat $33 34
f. Mini-split HVAC units and wall heaters, all Flat $33 34 g. Residential fans/vents, all Flat $33 34
h. Cooling appliance or dehumidifier, all Flat $33 34 / 5 items i. Boiler or compressor, all Flat $33 34 / 5 items
j. Air quality filtration unit, all Flat $33 34
k. Ventilation system, all Flat $66 33 / outlet
l. Fire dampers or variable air volume (VAV), all Flat $44 35 / 5 items m. Commercial hood installation (Type I/Type II), all Flat $133 10 / unit n. Incinerator, all Flat $33 34 / unit
o. Process piping, all Flat $66 33 / 5 items
p. Liquid petroleum piping, all Flat $66 33 / 5 items 39241003.3740 q. Additional or other inspection Flat $133 10 / inspection 39241003.3740 r. Re-inspection Flat $133 10 / inspection 39241003.3755 s. Overtime Inspection
(1) Weekday when contiguous to reg Hourly $164 27 / hr; min. 1-hr (2) Weekday when more than 2-hours before Hourly $164 27 / hr; min. 4-hrs after regular work hours
(3) Weekend Hourly $164 27 / hr; min. 4-hrs 39241003.3343 9. Green Building Inspection/Permit (Res. 2024 -19) a. Minimum Inspection Fee Flat $133 10
b. New residential (SFR and duplex) inspection Flat $66 33 / unit c. New apartment (3+ units) inspection Flat $133 10 / unit d. Residential addition inspection, all Flat $66 33
e. Commercial and industrial inspection Flat $66 33 / unit 39241003.3740 f. Additional or other inspection Flat $133 10 / inspection 39241003.3740 g. Re-inspection Flat $133 10 / inspection 39241003.3755 h. Overtime Inspection
(1) Weekday when contiguous to regular hours Hourly $164 27 / hr; min. 1-hr (2) Weekday when more than 2-hours before Hourly $164 27 / hr; min. 4-hrs after regular work hours
(3) Weekend/Holiday Hourly $164 27 / hr; min. 4-hrs

10. Swimming Pool/Spa Permit (Res. 2024 -19)
39241004.3342 a. Plan check review; all pools; , Valuation Per Section II.P.2.b includes three (3) plan check cycles
b. Inspection/permit, all new pools and spas Valuation Per Section II.P.2.b c. Additional plan check review cycle(s) Hourly $147 15 / hr.; min. 1-hr exceeding three (3) per record
d. Plan checking revisions to approved plan Hourly $147 15 / hr.; min. 1-hr 39241003.3351 e. Minimum inspection fee Flat $133 10 f. Spa in-ground/above ground inspection, all alterations Flat $133 10

5.B.b
Packet Pg. 112
Attachment: Attachment 2 - Master Fee Schedule_Section II_Development Fees_Effective 01-05-2026 (5402 : Amendment to Master Fee 17 g. Above ground pool inspection, all alterations Flat $66 33 h. Private, in-ground pool (single family) Flat $133 10 inspection, all alterations
i. Public or commercial pool inspection, all alterations Flat $133 10 39241003.3740 j. Additional, or other inspection Flat $133 10 / inspection 39241003.3740 k. Re-inspection Flat $133 10 / inspection 39241003.3755 l. Overtime Inspection
(1) Weekday when contiguous to regular hours Hourly $164 27 / hr; min. 1-hr (2) Weekday when more than 2-hours before Hourly $164 27 / hr; min. 4-hrs after regular work hours
(3) Weekend/Holiday Hourly $164 27 / hr; min. 4-hrs

11. Fire Extinguishing, Fire Alarm, and Fire Code 36 (Res. 2024-19) a. Automatic Fire Extinguishing Systems (AFES)
39241004.3345 (1) Plan check review Hourly $133 37 / hr; min. 2-hrs 39241003.3344 (2) Inspection:
(a) AFES heads
(i) 20 or less heads Hourly $133 10 / hr; min. 2-hrs
(ii) 21 to 50 heads Hourly $133 10 / hr; min. 2½-hrs (iii) Each set of 50 heads after Hourly $333 38 + $133 10 / each the initial 50 heads additional set of 50 heads
(b) Riser, each Hourly $133 10 / hr; min. 2-hrs / riser (c) System; shell building only Hourly $133 10 / hr; min. 3-hrs (d) Underground system,
(i) First outlet Hourly $133 10 / hr.; min. 2-hrs
(ii) Each additional outlet after first outlet Flat $266 13 each 39241003.3740 (3) Additional or Other Inspection Hourly $133 10 / inspection 39241003.3740 (4) Re-inspection Hourly $133 10 / inspection 39241003.3755 (5) Overtime Inspection
(a) Weekday when contiguous to regular Hourly $164 27 / hr; min. 1-hr work hours
(b) Weekday when more than 2 -hours Hourly $164 27 / hr; min. 4-hrs before or after regular work hours
(c) Weekend/Holiday Hourly $164 27 / hr; min. 4-hrs
b. Fire Alarm Permits:
39241004.3353 (1) Plan check review Hourly $133 / hr 37; min. 2-hr 39241003.3352 (2) Inspection:
(a) Alarm Panel: Initiation device, all
(i) First initiation device Hourly $133 / hr 10; min 2-hrs (ii) Each additional initiation device after Hourly $266 13 + $63 33 / device the first device
(b) Alarm Panel: Notification device, all
(i) 10 or fewer notification devices Hourly $133 / hr 10; min. 1¼-hrs (ii) More than 10 notification device Hourly $166 39 + $33 34 per set of 10 (c) Fire Alarm System Hourly $133 / system 10
+ $33 34 / device
39241003.3352 (3) Fire alarm monitoring central station change Hourly $133 / hr 10; min. 1½-hrs out, all, plan review and inspection
39241003.3740 (4) Additional/Other Inspection Flat $133 10 / inspection 39241003.3740 (5) Re-inspection Flat $133 10 / inspection 39241003.3755 (6) Overtime inspection
(a) Weekday when contiguous to Hourly $164 27 / hr; min. 1-hr regular work hours
(b) Weekday when more than 2 -hours Hourly $164 27 / hr; min. 4-hrs before or after regular work hours
(c) Weekend/Holiday Hourly $164 27 / hr; min. 4-hrs
c. Fire Code Permits
All other fire system/fire code items, including, but not limited to: assembly permit; clean agent system (each); spray booth (each); high piled; hood and ducts; and temporary membrane structures (tents) 39241004.3353 (1) Plan check review Hourly $133 37 / hr; min. 2-hrs 39241003.3352 (2) Inspection Hourly $133 10 / hr; min. 3-hrs 39241003.3740 (3) Additional or Other Inspection Flat $133 10 / inspection 39241003.3740 (4) Re-inspection Flat $133 10 / inspection 39241003.3755 (5) Overtime Inspection
(a) Weekday when contiguous to regular Hourly $164 27 / hr; min. 1-hr

5.B.b
Packet Pg. 113
Attachment: Attachment 2 - Master Fee Schedule_Section II_Development Fees_Effective 01-05-2026 (5402 : Amendment to Master Fee 18 work hours
(b) Weekday when more than 2 -hours Hourly $164 27 / hr; min. 4-hrs before or after regular work hours
(c) Weekend/Holiday Hourly $164 27 / hr; min. 4-hrs

12. Other Building Plan Check and Inspection Fees (Res. 2024-19) a. Seasonal Lots
39241004.3342 (1) Plan check review Hourly $147 15 / hr; min. 1-hr 39241003.3756 (2) Inspection Flat $133 10 / lot
b. Construction Site Trailer
39241004.3342 (1) Plan check review Hourly $147 15 / hr; min. 2-hr 39241003.3756 (2) Inspection Flat $133 10 / trailer c. Sign Permit Fees
(1) Non-illuminated
(a) Wall mounted
39241004.3346 (i) Plan check review Hourly $147 15 / hr; min. ½-hr 39241003.3740 (ii) Inspection Flat $133 10
(b) Monument / Free Standing
39241004.3346 (i) Plan check review Valuation Per Section II.P.2.b 39241003.3740 (ii) Inspection Valuation Per Section II.P.2.b (2) Illuminated
(a) Wall mounted
39241004.3346 (i) Plan check review Hourly $147 15 / hr; min. 1-hr 39241003.3740 (ii) Inspection Flat $133 10
(b) Monument / Free Standing
39241004.3346 (i) Plan check review Valuation Per Section II.P.2.b 39241003.3740 (ii) Inspection Valuation Per Section II.P.2.b 39241003.3346 (3) Subdivision tract sign (onsite) Flat $605 40 39241003.3346 (4) Temporary directional sign (offsite) Flat $339 41 39241004.3730 (5) Promotional sign Flat $51 42 / 15 days maximum of 45 days per calendar year;
exempt from application fee
39241004.3346 (6) Permanent window sign Flat $51 42
39141000.3346 (7) Amendment/change of sign (copy only) Flat $42 43 39241003.3740 (8) Additional or other Inspection Flat $133 10 / inspection 39241003.3740 (9) Re-inspection Flat $133 10 / inspection 39241003.3755 (10) Overtime Inspection
(a) Weekday when contiguous to Hourly $164 27 / hr; min. 1-hr regular work hours
(b) Weekday when more than 2 -hours Hourly $164 27 / hr; min. 4-hrs before or after regular work hours
(c) Weekend/Holiday Hourly $164 27 / hr; min. 4-hrs

Endnotes for Section II, Development – Planning, Engineering, and Building & Safety 1 Fee at a rate equivalent to 6-hours at the Associate Planner classification hourly labor rate at step 5 (base salary times multiplier specified in the annual operating budget) administratively adjusted annually on January 1, rounded to the nearest dollar. 2 Fee at a rate equivalent to 2.75-hours at the Planner II classification hourly labor rate at step 5 (base salary times multiplier specified in the annual operating budget) administratively adjusted annually on January 1, rounded to the nearest dollar. 3 Fee at a rate equivalent to 5-hours at the Planner II classification hourly labor rate at step 5 (base salary times multiplier specified in the annual operating budget) administratively adjusted annually on January 1, rounded to the nearest dollar. 4 Fee at a rate equivalent to ¼-hour at the Planner I classification hourly rate at step 5 (base salary times multiplier specified in annual operating budget) administratively adjusted annually on January 1, rounded to the nearest dollar. 5 Fee at a rate equivalent to 1-hour at the Planner II classification hourly labor rate at step 5 (base salary times the multiplier specified in the annual operating budget) administratively adjusted annually on January 1, rounded to the nearest dollar. 6 Fee at a rate equivalent to 5-hours at the Associate Planner classification hourly labor rate at step 5 (base salary times multiplier specified in the annual operating budget) administratively adjusted annually on January 1, rounded to the nearest dollar. 7 Fee at a rate equivalent to 2-hours at the Planner II classification hourly rate at step 5 (base salary times multiplier specified in annual operating budget) administratively adjusted annually on January 1, rounded to the nearest dollar. 8 Fee at a rate equivalent to 1-hour at the Accounting Technician classification hourly rate at step 5 (base salary times multiplier specified in annual operating budget) administratively adjusted annually on January 1, rounded to the nearest dollar. Records received/processed digitally/electronically are exempt from Records Retention Fee.
9 A fee equivalent to the one -hour of the Community Development Technician classification hourly rate at step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees , and administratively adjusted annually on January 1. 10 A fee equivalent to the Building Inspector II classification hourly rate at step 5 as specified in the Billing Pay Schedule i n Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1. 11 Records issued digitally/electronically are exempt from Document Imaging Fees. 12 A fee equivalent to ½-hours at the Administrative Assistant classification hourly rate at step 5 as specified in the Billing Pay Schedule in Section

5.B.b
Packet Pg. 114
Attachment: Attachment 2 - Master Fee Schedule_Section II_Development Fees_Effective 01-05-2026 (5402 : Amendment to Master Fee 19 I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1. 13 A fee equivalent to 2-hours at the Building Inspector II classification hourly rate at step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1. 14 A fee equivalent to ¾-hour at the Permit Center Manager classification hourly rate at the top of the salary range and ¼-hour at the Building Official classification hourly rate at the top of the salary range as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1.
15 A fee equivalent to the Plan Check Professional classification hourly rate at step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1. 16 Records issued automatically without a plan check (“Express” records, including Instant Solar Permit) are exempt from Building Permit Application Fee. If Express records (including Instant Solar Permit) are issued in-person, the application fee is applicable. Application Fee is non-refundable after any processing of the record has been initiated.
17 A fee equivalent to 1.5 -hours at the Community Development Technician classification hourly rate at step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees , and administratively adjusted annually on January 1, rounded to the nearest dollar. 18 The minimum Mechanical Code, Plumbing Code, and Electrical Code plan check fee is equivalent to 2 -hours per trade at the Plan Check Professional classification hourly rate at step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees , and administratively adjusted annually on January 1, rounded to the nearest dollar. 19 A fee equivalent to ½-hour at the Senior Plan Check Professional classification hourly rate at the top of the salary range and ½-hour at the Senior Community Development Technician hourly rate as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees , and administratively adjusted annually on January 1, rounded to the nearest dollar. 20 A fee equivalent to ¾-hour at the Plan Check Professional classification hourly rate at step 5 and ¼ -hour at the Building Official classification hourly rate at the top of the pay range as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1, rounded to the nearest dollar. 21 A fee equivalent to 1.5 times the Plan Check Professional classification hourly rate at step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1, rounded to the nearest dollar. 22 A fee equivalent to 1-hour at the Plan Check Professional classification hourly rate at step 5 and 1-hour at the Building Inspector II hourly rate at step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1, rounded to the nearest dollar.
23 A fee equivalent to 2-hours at the Plan Check Professional classification hourly rate at step 5 and 2-hours at the Building Inspector II classification hourly rate at step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1, rounded to the nearest dollar.
24 A fee equivalent to 2.5-hours a the Plan Check Professional classification at step 5 and 1.5-hours at the Building Inspector II classification hourly rate at step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees , and administratively adjusted annually on January 1, rounded to the nearest dollar.
25 A fee equivalent to the maximum fee under II.P.4.c(2). 26 A fee equivalent to the maximum fee under II.P.4.d(2). 27 A fee equivalent to 1.5 times the Building Inspector II classification hourly rate at step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1, rounded to the nearest dollar. 28 A fee equivalent to 3-hours at the Building Inspector II classification hourly rate at step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1, rounded to the nearest dollar. 29 A fee equivalent to 4-hours at the Building Inspector II classification hourly rate at step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1, rounded to the nearest dollar. 30 A fee equivalent to 6-hours at the Building Inspector II classification hourly rate at step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1, rounded to the nearest dollar. 31 A fee equivalent to 8-hours at the Building Inspector II classification hourly rate at step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1, rounded to the nearest dollar. 32 A fee equivalent to 9-hours at the Building Inspector II classification hourly rate at step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1, rounded to the nearest dollar. 33 A fee equivalent to ½-hour at the Building Inspector II classification hourly rate at step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1, rounded to the nearest dollar. 34 A fee equivalent to ¼-hour at the Building Inspector II classification hourly rate at step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1, rounded to the nearest dollar. 35 A fee equivalent to ⅓-hour at the Building Inspector II classification hourly rate at step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1, rounded to the nearest dollar. 36 For the purposes of fee calculations: 1) valves and any other fire alarm items such as dampers, pull stations, and strobe lig hts, are considered a device; and 2) one outlet is an item, such as a hydrant or riser. 37 A fee equivalent to 1-hour at the Fire & Life Safety Plans Examiner classification hourly rate at step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees , and administratively adjusted annually on January 1, rounded to the nearest dollar. 38 A fee equivalent to the 2½-hours at the Building Inspection II classification hourly rate at step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1, rounded to the nearest dollar. 39 A fee equivalent to the 1¼-hours at the Building Inspection II classification hourly rate at step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1, rounded to the nearest dollar. 40 Fee at a rate equivalent to 2-hours at the Planner II classification hourly labor rate at step 5 (base salary times multiplier specified in the annual operating budget) administratively adjusted annually on January 1, rounded to the nearest dollar and 1.5 -hours at the Plan Check Professional classification hourly rate at step as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees , administratively adjusted annually on January 1, rounded to the nearest dollar.
41 Fee at a rate equivalent to 1-hour at the Planner II classification hourly labor rate at step 5 (base salary times multiplier specified in the annual operating budget) administratively adjusted annually on January 1, rounded to the nearest dollar and 1 -hour at the Plan Check Professional classification hourly rate at step as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees , administratively adjusted

5.B.b
Packet Pg. 115
Attachment: Attachment 2 - Master Fee Schedule_Section II_Development Fees_Effective 01-05-2026 (5402 : Amendment to Master Fee 20 annually on January 1, rounded to the nearest dollar. 42 Fee at a rate equivalent to ½ -hour at the Community Development Technician classification hourly labor rate at step 5 (base salary times multiplier specified in the annual operating budget) administratively adjusted annually on January 1, rounded to the nearest dollar. 43 Fee at a rate equivalent to ¼-hour at the Planner I classification hourly labor rate at step 5 (base salary times multiplier specified in the annual operating budget) administratively adjusted annually on January 1, rounded to the nearest dollar. 44 A fee equivalent to 7-hours at the Building Inspector II classification hourly rate at step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, and administratively adjusted annually on January 1, rounded to the nearest dollar.

Exhibit 1: Minimum Acceptable Building Permit Valuation per Square Foot , effective January 5, 2026

5.B.b
Packet Pg. 116
Attachment: Attachment 2 - Master Fee Schedule_Section II_Development Fees_Effective 01-05-2026 (5402 : Amendment to Master Fee 21 5.B.b
Packet Pg. 117
Attachment: Attachment 2 - Master Fee Schedule_Section II_Development Fees_Effective 01-05-2026 (5402 : Amendment to Master Fee 22 5.B.b
Packet Pg. 118
Attachment: Attachment 2 - Master Fee Schedule_Section II_Development Fees_Effective 01-05-2026 (5402 : Amendment to Master Fee Attachment 3: Survey of Affordable Housing Processing Fees Below Market Price (BMP)
Homeownership Program
Proposed
Fee
Fremont
Additional Cost Oakland
San
Jose
Santa
Clara
Union
City Hayward Dublin Livermore
Alameda
County
San
Francisco Emeryville
Redwood
City
BMP Refinance / Subordination
Administration & Analysis $99 Financial/Technical
Consultant $1,514 $407 $1,760 $712 $600 $675 $666 n/a $668 $519 $246 BMP Home Resale Processing (per unit) $4,826 n/a $1,730 n/a 2.5% of sale price
$142 +
Consultant Cost0.50% $3,944 $4,582 n/a $668 $519 $1,894 Resale Home Inspection
(3rd inspection if issues not corrected) $248 n/a n/a n/a n/a n/a $350 for multi-family n/a $666 for
multi-family n/a n/a n/a n/a
New BMP Unit Housing Agreement and
Sale Processing (per unit) $4,826 Legal Consultant
Consultation n/a n/a

2.5% of sale
price
plus $4,205 legal
n/a 0.5% of
sale price $3,944 1.5% of
sale price n/a n/a $519 Actual Cost
BMP Participating Lender Application Review $99 n/a n/a n/a n/a n/a n/a n/a n/a n/a $1,051 n/a n/a Restricted Multi-Family Rental Program
Annual Monitoring $5,197 n/a $628.30 +
$8.24/unit $104/unit n/a n/a $50/ unit
≤ 100 units:
$3,461
> 100 units:
$5,183
≤ 100 units:
$2,662
> 100 units:
$3,228
$300
per unit n/a Time &
Materials$171/unit
City Financed Acquisition, Predevelopment,
Construction Loan Preparation n/a
Legal Consultation
Financial/Technical
Consultant
3% of loan $5,868 n/a n/a n/a n/a n/a $2,724 n/a n/a
City Financed Loan Conversion $4,676
Legal Consultation
Financial/Technical
Consultant
$3,460.80 $41,531 $7,824 n/a Actual n/a n/a n/a n/a n/a n/a City Financed Loan Resyndication,
Refinance, Rehabilitation, Recapitalization$7,539
Legal Consultation
Financial/Technical
Consultant
n/a $44,387 $58,686 n/a Actual n/a n/a n/a n/a n/a n/a
City Financed Loan Restructuring $7,539
Legal Consultation
Financial/Technical
Consultant
n/a $3,825 n/a n/a n/a n/a n/a n/a n/a n/a n/a
City Loan Resyndication $7,539 n/a n/a $41,531 $46,948 n/a Actual n/a n/a n/a n/a n/a n/a City Loan Recapitalization $7,539 n/a n/a $19,839 $23,474 n/a Actual n/a n/a n/a n/a n/a n/a City Financed Project Transfer of Ownership$1,038 Legal Consultation $1,514 $15,266 $15,649 n/a n/a n/a n/a n/a n/a n/a n/a Subordination Processing $2,944
Legal Consultation
Financial/Technical
Consultant
n/a $6,596 $15,649 n/a n/a n/a n/a n/a n/a n/a n/a

5.B.c
Packet Pg. 119
Attachment: Attachment 3 - Survey of Affordable Housing Processing Fees (5402 : Amendment to Master Fremont City Council Meeting: 11/04/25 07:00 PM
3300 Capitol Avenue Div/Dept: Planning
Fremont, CA 94538 Category: Appeals

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5562) DOC ID: 5562
Updated: 10/31/2025 8:40 AM by Dina Lewis Page 1
LOPES ROAD MULTIFAMILY DEVELOPMENT APPEAL - Public Hearing (Published Notice) to Consider a First-Party (Project Proponent) Appeal of the Planning Commission’s Decision To Uphold Staff’s Determination Regarding the Use of a Concession Under State Density Bonus Law to Lower an Adopted Minimum Residential Density Below That Required by the City’s General Plan, Warm Springs/South Fremont Community Plan, and Corresponding Zoning Ordinance for a Housing Project Proposed Within the Transit-Oriented Development (TOD) Overlay District Adjacent to the BART Station Submitted Under PLN2025-00253, and a Finding that No Environmental Review is Required For the Appeal Action As, In Isolation, It Is Not Considered a “Project” Under CEQA Guidelines Section 15378; and, Without Limitation, CEQA Guidelines Section 15270 (Projects Which Are Disapproved), As CEQA Does Not Apply to Projects Which a Public Agency Rejects Or Disapproves; And/Or CEQA Guidelines Section 15061(b)(3) (Review For Exemption), In That There is No Possibility That Action On the Appeal Would Have a Significant Effect On the Environment. Each Of the Foregoing Provides an Independent Basis For Exemption.

Contact Persons:

Name: Kevin Lee Joel Pullen
Title: Planner I Community Development Director
Div/Dept: Planning Planning
Phone: 510-494-4521 510-494-4436
E-Mail: [email protected] [email protected]

Executive Summary: This item is to consider a first-party Appeal of the Planning Commission’s September 25, 2025 action to deny a previous first-party Appeal that upheld staff’s determination to deny the use of a concession under State Density Bonus Law to lower the adopted minimum residential density standard of 50 units per net-acre applicable to the 6.56-net-acre subject site located within a quarter-mile of the Warm Springs/South Fremont BART Station. Both the Appeal acted upon by the Planning Commission and the subject Appeal were filed by the project applicant.

Staff recommended the Planning Commission deny the first-party Appeal for the following reasons:

1) The request to lower the adopted minimum density via a concession is contrary to and inconsistent with Density Bonus Law and other state and local housing goals, policies, and laws.

2) The request to lower the adopted minimum density via a concession is inconsistent with the City’s General Plan, Warm Springs/South Fremont Community Plan, and Zoning Ordinance.

5.C
Packet Pg. 120
Council Staff Report (ID # 5562) Meeting of November 4, 2025 Updated: 10/31/2025 8:40 AM by Dina Lewis Page 2
3) Analysis under the California Environmental Quality Act (CEQA) is not required for a project that is recommended for denial pursuant to CEQA Guidelines Section 15270 (Projects Which Are Disapproved).

On September 25, 2025, the Planning Commission held a public hearing and voted 6 -0 to uphold staff’s determination and reject the first-party Appeal. Within the 10-day appeal period, the applicant filed an Appeal of the Planning Commission’s decision to the City Council. Subsequent to the Appeal of the Planning Commission’s decision, on October 29, 2025, staff received a technical assistance letter from the California Department of Housing and Community Development (HCD) with a conclusion that is consistent with staff’s determination that a concession may not be used to reduce density under State Density Bonus Law.

City staff recommends that the City Council deny the subject Appeal and uphold the Planning Commission’s action.

BACKGROUND: The subject site is a relatively flat and under-developed 6.72-gross-acre site with several habitable structures and a barn of unknown historic significance or date of construction. The subject site is immediately adjacent to the City’s Warm Springs Plaza and West Side Pedestrian & Bicycle Access Bridge that connects to the Warm Springs/South Fremont BART Station.

The appellant’s proposed project (filed under PLN2025-00253) consists of a Discretionary Design Review Permit, Tentative Tract Map, and other entitlements to facilitate the construction of 127 townhome units within 21 three-story buildings on the station-adjacent site. Because of the proposal to deed-restrict at least 10 percent of the project units to low-income households and five percent to moderate-income households, the project would appear to qualify for a density bonus and thus be eligible for consideration of one concession (or incentive) and an unlimited number of waivers under Density Bonus Law (DBL).

The fundamental issue in this appeal is applicant’s disagreement with the City’s interpretation of a specific provision of the DBL, Government Code Section 65915, et seq.

Specifically, under the DBL, an applicant is entitled to request concessions or reductions in development standards in exchange for building affordable housing. These concessions are separate from, and in addition to, a density bonus, and can include things like modifications to zoning or design rules, which result in "identifiable and actual cost reductions" to make the project financially feasible. For a qualifying project, such concessions must be granted unless certain findings can be made, including, but not limited to, that the concession would be contrary to state or federal law.

As part of the proposal, the appellant has requested a novel concession under DBL to reduce the required minimum density applicable to the project site from 50 units per net acre to approximately 19.4 units per net acre. City staff responded that the use of a concession to reduce a site’s minimum density requirement is contrary to DBL, the General Plan, the Warm Springs/South Fremont Community Plan, and the Zoning Ordinance, and therefore would not be supported, prompting the appellant’s Appeal filing. This Appeal was reviewed and denied by the Planning Commission at a public hearing held on September 25, 2025. The appellant filed an Appeal (Informational Item 1) to the Planning Commission’s action on September 26, 2025.

5.C
Packet Pg. 121
Council Staff Report (ID # 5562) Meeting of November 4, 2025 Updated: 10/31/2025 8:40 AM by Dina Lewis Page 3

On October 29, 2025, staff received a technical assistance letter from the California Department of Housing and Community Development (HCD) regarding the use of a concession to reduce the established minimum density under State Density Bonus Law.

Staff had previously engaged with HCD during the earlier stages of project analysis, consisting of email correspondence and virtual meetings through HCD’s technical assistance program. A formal determination from HCD was not provided until receipt of the attached letter on October 29, 2025 (Informational Item 5).

HCD affirms staff’s position, as upheld by the Planning Commission, that State Density Bonus Law is “clear that the intent of the law is ‘to include more total units in a project than would otherwise be allowed by the local zoning ordinance’ and to ‘produc[e] the maximum number of total housing units,’” consistent with staff’s understanding. Furthermore, staff concurs with HCD in that reducing the minimum density requirement would result in less housing and is contrary to the intent and purpose of the law as stated in the technical assistance letter. The technical assistance letter clarifies that the proper application of DBL involves first establishing the base density for the project site which requires identification of the land use and zoning designation and any applicable specific plan or overlay.

Consequently, because minimum lot area per unit (or if converted, dwelling unit per acre), is used to determine base density as the first step of DBL application, HCD states that it cannot be modified by a concession for the purpose of calculating base density.

HCD’s recent technical assistance letter supports staff’s original reasoning and determination to deny the applicant’s request to reduce minimum density under State Density Bonus Law. The following section further expands on the two matters under Appeal.

DISCUSSION/ANALYSIS: The Appeal is a response to two comments provided by staff to the project applicant via a formal comment letter issued on August 6, 2025. The two comments subject to the Appeal are as follows:

1) Project plans present a 127-unit development on the 6.7-acre project site, which equates to a density of roughly 18.9 dwelling units per acre. This proposed density is below the minimum 50 dwelling units per net acre density standard—an objective standard applicable to residential projects within ¼-mile of the Warm Springs-South Fremont BART Station (FMC Table 18.49.070). Consistent with early feedback shared during the project's SB 330 Preliminary Application process (PRP2025-00035), the City does not recognize the proposed use of a concession under State Density Bonus Law as a means to reduce the minimum required density required by the zoning and community plan. Should the applicant choose to proceed with such a proposal, staff is not inclined to support the project, as a reduction below City-adopted minimum density requirements appears inconsistent with State mandates that laws and regulations should be broadly construed so as to maximize the development of housing within the state.

2) Environmental review pursuant to the California Environmental Quality Act (CEQA) will not be performed if the project is recommended for denial by staff. However, if action is taken by the approving body (i.e., the Planning Commission, or City Council on appeal) to allow the project to proceed, environmental review must be performed, and the project will need to be reviewed for compliance with CEQA and exposure- related environmental policies of the City's General Plan. Applicant is responsible for

5.C
Packet Pg. 122
Council Staff Report (ID # 5562) Meeting of November 4, 2025 Updated: 10/31/2025 8:40 AM by Dina Lewis Page 4
any fees of City-retained consultants, including peer reviews and administrative handling of documents.

The Planning Commission Staff Report containing staff’s full analysis of the Appeal is provided as Informational Item 2. The salient points of analysis are provided in the following discussion section of this report.

Appeal Elements

Minimum Density Is a Development Standard
The appellant argues that denial of the proposed concession to reduce the minimum required density is in direct violation of Density Bonus Law.

As was upheld by the Planning Commission on September 25, 2025, staff determined that the proposed concession to reduce the minimum required density was contrary to State law and therefore should be denied pursuant to Government Code Section 65915(d)(1)(C). DBL is intended to maximize the production of housing and should be interpreted in favor of providing more units than what is established. The applicant’s project is contrary to DBL in proposing 127 homes where 328 homes would be required under the adopted minimum density requirement for the site. The proposal to reduce density also creates a significant shortfall in the development of affordable housing with 19 affordable homes proposed where 49 affordable homes would be required using the same low-income density bonus qualification.

As discussed in more detail in the Planning Commission staff report (Informational Item 2), the proposal concession is inconsistent with and contrary to State law and should be denied pursuant to Government Code Section 65915(d)(1)(C). The proposal would conflict with host of state law provisions, including the DBL that make clear a city’s obligation to encourage the maximum production of housing. This is supported by Government Code Section 65915(r), which states that the chapter “shall be interpreted liberally in favor of producing the maximum number of total housing units.” Government Code Section 65915(u) further emphasizes the intent of DBL to ensure benefits to developers in exchange for the public benefit of receiving adequate levels of affordable housing. Under the State’s Regional Housing Needs Assessment (RHNA) and “no net loss” under Senate Bill 166, the City is obligated to meet its housing production numbers and has worked diligently to apply the highest available density standard, particularly for projects located near transit. This effort has been guided by State law as well as past California Housing and Community Development (HCD) advisories that have consistently promoted policies that allow for higher densities and higher production of housing.

The request is also inconsistent with City ordinances, regulations, and development goals.

The site is located within the City’s Transit-Oriented Development Overlay District (TOD) as established by the General Plan and implemented by the zoning ordinance. The goal of the TOD is to create an urban mix of uses surrounding the Warm Springs/South Fremont BART Station that maximizes development intensities and housing densities. This vision is also effectuated by the Warm Springs/South Fremont Community Plan. Minimum density for the project site is 50 dwelling units per net acre, which is aligned with the goals and specific development policies of the City.

5.C
Packet Pg. 123
Council Staff Report (ID # 5562) Meeting of November 4, 2025 Updated: 10/31/2025 8:40 AM by Dina Lewis Page 5
Accepting the appellant’s argument that density is a development standard eligible to be considered a concession under DBL not only creates an inherent conflict with the City’s requirements but sets a dangerous precedent that would conflict with State law and the City’s obligations to facilitate housing development, enabling developers to bypass established density minimums across the entire City. This could result in the significant loss of development potential to bring higher density affordable housing regardless of location, including those areas in which such development would be most necessary to fulfill the City’s obligations under state housing law. Consequently, this could severely impair, if not completely derails longstanding efforts to meet housing goals set by the General Plan and other state laws.

Environmental Review Not Performed
The appellant is requesting that City Council reverse the Planning Commission’s denial to direct staff to perform environmental review for the proposed project under the California Environmental Quality Act.

Pursuant to CEQA Guidelines Section 15270, the lead agency is not required under the law to conduct environmental review of a project that is recommended for denial. CEQA applies only to projects that an agency proposes to carry out, support, or approve; therefore, projects that are rejected or disapproved are exempt from CEQA. Case law has held that CEQA does not require a lead agency to commit resources to environmental review of a proposed private project that is slated for rejection (see e.g., Las Lomas Land Co. v. City of Los Angeles, 177 Cal. App. 4th 837 (2009)).

Following the Planning Commission’s action on the Appeal, on October 2, 2025, the appellant’s counsel provided a letter asserting the applicability of Assembly Bill No. 130 (AB 130, Committee on Budget. Housing.) to the project. AB 130 provides a new statutory exemption to CEQA for eligible “urban infill” housing development projects. In order to utilize this exemption, the lead agency must provide notification to any and all Native American tribes traditionally and culturally affiliated with the project site. The Planning Division responded on October 8, 2025, notifying the appellant and counsel that the request for tribal consultation would be accommodated with the understanding that staff’s determination that the project does not meet the minimum density requirement and the use of a concession to lower minimum density is contrary to State law has not changed, pending the Appeal before the City Council, and that the City does not concur with nor waive any objection to the applicability of AB 130. Requests for tribal consultation were prepared and sent via certified mail in accordance with state law by October 16, 2025.

Staff urges the City Council to deny the Appeal and uphold the Planning Commission’s denial of the appellant’s Appeal acted upon on September 25, 2025. The concession requested is inconsistent with and contrary to state law and should be denied in accordance with Government Code Section 65915(d)(1)(C). Granting the Appeal also would result in a fundamental inconsistency with the General Plan’s vision of sustainable, strategically urban growth and would conflict with its key goals and policies for creating higher density housing at all affordability levels near transit. The City’s effort to maximize housing density around the Warm Springs/South Fremont BART station aligns with local, regional, and State development policies and goals for urban development next to transit and should be upheld in full integrity.

5.C
Packet Pg. 124
Council Staff Report (ID # 5562) Meeting of November 4, 2025 Updated: 10/31/2025 8:40 AM by Dina Lewis Page 6
In addition, the Appeal should be denied with respect to the CEQA assertions, because (1) CEQA is not required to be performed for projects that are denied; and (2) the City’s accommodation to appellant’s request to proceed with tribal consultation under AB 130 effectively moots the appeal with respect to the Appeal’s CEQA assertions.

FISCAL IMPACT: None.

ENVIRONMENTAL REVIEW: This action is exempt from CEQA review because, without limitation, action on the Appeal is not considered a “project” per the definition contained in CEQA Guidelines Section 15378 (Project). In addition, each as a separate and independent basis,, the action on the Appeal is exempt pursuant to CEQA Guidelines Section 15270 (Projects Which Are Disapproved), as CEQA does not apply to projects which a public agency rejects or disapproves and/or CEQA Guidelines Section 15061(b)(3) (Review for Exemption), in that there is no possibility that action on the Appeal with have a significant effect on the environment.

ATTACHMENTS:
• Draft Resolution - Lopes Appeal
• Informational Item 1 Appeal Letter
• Informational Item 2 Planning Commission Staff Report • Informational Item 3 Draft Planning Commission Meeting Minutes - September 25 2025 • Informational Item 4 Public Correspondence
• Informational Item 5 HCD Technical Assistance Letter

RECOMMENDATIONS:

1. Hold public hearing.

5.C
Packet Pg. 125
Resolution 2025-XX Page 1 of 2

DRAFT
RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION’S ACTION TO UPHOLD STAFF’S DETERMINATION TO DENY THE USE OF A

CONCESSION UNDER STATE DENSITY BONUS LAW TO LOWER AN ADOPTED

MINIMUM RESIDENTIAL DENSITY EXEMPTION BELOW THAT REQUIRED BY THE CITY’S GENERAL PLAN, WARM SPRINGS/SOUTH FREMONT

COMMUNITY PLAN, AND CORRESPONDING ZONING ORDINANCE FOR A

HOUSING PROJECT PROPOSED WITHIN THE TRANSIT -ORIENTED

DEVELOPMENT (TOD) OVERLAY DISTRICT ADJACENT TO THE BART STATION SUBMITTED UNDER PLN2025 -00253; MAKING FINDINGS OF CEQA

EXEMPTION AND NO FURTHER ENVIRONMENTAL REVIEW REQUIRED

WHEREAS, Tim Ramm (the “Applicant”) applied for a Discretionary Design Review, Tentative Tract Map, and other associated entitlements to develop 127 attached townhome units across multiple three-story buildings on a 6.56-net-acre lot located at 44960 Warm Springs Boulevard under project number PLN2025-00253 (the “Project”); and
WHEREAS, the Applicant asserted that the minimum established density for the site (50 dwelling units per net acre) qualified as a concession under State Density Bonus Law (“DBL”) to allow for the Project’s proposed density of 19.4 dwelling units per net acre; and WHEREAS, Planning Division staff informed the Applicant that the use of a concession to lower the minimum established density for the site was contrary to State Density Bonus Law and that environmental review under the California Environmental Quality Act (“CEQA”) would not be conducted for a project that is disapproved; and
WHEREAS, on August 22, 2025, an Appeal was filed to the Planning Commission challenging staff’s determination of the use of the concession to lower minimum density under DBL and the refusal to conduct environmental review under CEQA; and
WHEREAS, on September 25, 2025, the Fremont Planning Commission held a public hearing and denied the Appeal, upholding staff’s determination; and WHEREAS, on September 26, 2025, an Appeal was filed to the City Council, challenging the Planning Commission’s action on the Appeal; and,
WHEREAS, on November 4, 2025, the City Council held a duly noticed public hearing, at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice was given in all respects as required by law; and WHEREAS, the City Council heard and considered all said reports, recommendations, and evidence in advance and at the public hering, and used its independent judgement to evaluate the project and the appellant’s grounds for the appeal.

5.C.a
Packet Pg. 126
Attachment: Draft Resolution - Lopes Appeal (5562 : LOPES RD MULTIFAMILY DEVELOPMENT APPEAL) Resolution 2025-XX Page 2 of 2

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

SECTION 1. The City Council Findings Denying the Appeal. The City Council finds that the proposed concession to reduce the required minimum density under State Density Bonus Law is inconsistent with and contrary to State law and, therefore, is denied pursuant to, without limitation, Government Code Section 65915(d)(1)(C), and the Project’s density as proposed is inconsistent with the fundamental purpose, goals, and policies for the transit-oriented development outlined in the City’s General Plan and Warm Springs/South Fremont Community Plan; and standards of the Zoning Ordinance. The City Council also finds and denies the Appeal with respect to its claims that the City is obligated to conduct CEQA review because, without limitation: (1) environmental review under the California Environmental Quality Act is not required for the Project under CEQA Guidelines Section 15270(a) (“Projects Which Are Disapproved”); and (2) the Appeal’s assertions regarding CEQA are effectively mooted by the City’s accommodation of Appellant’s request to initiate tribal consultation pursuant to AB 130.

SECTION 2. CEQA. This action of the City Council on this Appeal is exempt from CEQA because, without limitation, action on the Appeal is not considered a “project” per the definition contained in CEQA Guidelines Section 15378 (Project). In addition, each as a separate and independent basis, the action on the Appeal is exempt pursuant to CEQA Guidelines Section 15270 (Projects Which Are Disapproved), as CEQA does not apply to projects which a public agency rejects or disapproves and/or CEQA Guidelines Section 15061(b)(3) (Review for Exemption), in that there is no possibility that action on the Appeal with have a significant effect on the environment.

SECTION 3. Appeal Denial. The City Council hereby denies the Appeal, upholding the Planning Commission’s action to deny the previous Appeal.

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

5.C.a
Packet Pg. 127
Attachment: Draft Resolution - Lopes Appeal (5562 : LOPES RD MULTIFAMILY DEVELOPMENT APPEAL) Bryan W. Wenter
925.708.9055
[email protected]
3800 Mt. Diablo Boulevard, Suite 200, Lafayette, CA 94549 | Phone: 925.226.8247 |www.hsw-legal.com Exhibit A
September 26, 2025

VIA HAND DELIVERY
Raj Salwan, Mayor
City Council
City of Fremont
3300 Capitol Ave., Building A
Fremont, CA 94538
Email: [email protected]
Re: Appeal of City’s Decisions Regarding Warm Springs – Lopes Grimmer Housing Development Project (PLN2025-00253)
44960 Lopes Road, Fremont
Dear Mayor Salwan and Honorable Council Members:

We represent Newport Equities, LLC (“Newport”), in connection with its development of a 127 - unit housing development project, 15% of which will be affordable, known as “Warm Springs – Lopes Grimmer” (“Project”) , at 44960 Lopes Road (APN 519 131004900) (“Project Site”) in the City of Fremont (“City”). We hereby appeal the Planning Commission’s September 25, 2025 denial of Newport’s August 25, 2025 appeal of City staff’s determination regarding 1) whether an incentive/concession under the Density Bonus Law can be used to reduce the minimum density from 50 to approximately 19 dwelling units per acre, and 2) whether CEQA review should or must proceed notwithstanding staff’s determination not to support the requested incentive/concession.

We submitted a Preliminary Application for the Project pursuant to Senate Bill 330 on March 19, 2025, and we submitted a Formal Application electronically on June 27, 2025, for which we delivered payment on July 2, 2025. The City responded to the Formal Application on August 6, 2025 , declaring the Formal Application incomplete and stating that it requires 14 additional items , and including a 27-page Development Review Comment letter. As noted above, we submitted an appeal to the Planning Commission on August 25 regarding City staff’s decision on two matters. The first decision is that “the City does not recognize the proposed use of a concession under State Density Bonus Law as a means to reduce the minimum required density required by the zoning and community plan.” The second decision is that “Environmental review pursuant to the California Environmental Quality Act (CEQA) will not be performed if the project is recommended for denial by staff.” The Planning Commission denied our appeal on September 25, 2025.

By way of brief background, the Project was filed pursuant to the provisions of Senate Bill 330 (“SB 330”), the Housing Accountability Act (“HAA”), and the Density Bonus Law (“DBL”). Under the Density Bonus Law, because 15% of the Project units are affordable, it is eligible for one incentive or concession (Gov. Code § 65915(d)) and unlimited waivers or reductions of development standards (Gov Code § 65915(e)) . With respect to the former, the Project seeks an incentive or concession to reduce the City’s 50 unit per acre minimum density standard. The applicant provided substantial evidence with the Formal Application demonstrating that the minimum density standard is a “development standard,” as defined and contemplated in the DBL (Gov. Code § 65915(k)), and Informational Item 1 - Appeal Letter

LOPES RD MULTIFAMILY DEVELOPMENT APPEAL
City Council Hearing
November 4, 2025

5.C.b
Packet Pg. 128
Attachment: Informational Item 1 Appeal Letter (5562 : LOPES RD MULTIFAMILY DEVELOPMENT APPEAL) September 26, 2025 – Page 2
Re: Lopes Ranch

3800 Mt. Diablo Boulevard, Suite 200, Lafayette, CA 94549 | Phone: 925.226.8247 |www.hsw- legal.com
that obtaining an incentive or concession to lower that density standard would result in identifiable and actual cost reductions, as required by the DBL (Gov. Code §§ 65915(d)(1) and (k)).

On June 4, 2025, we provided a letter to the City—to which we never received any response — in which we explained in detail the provisions of the DBL, under which the City’s 50 unit per acre minimum density standard is plainly a “development standard” as defined by state law , along with substantial evidence that the requested incentive or concession would result in identifiable and actual cost reductions . Indeed, the DBL broadly defines “development standard” as “a site or construction condition, including, but not limited to , a height limitation, a setback requirement, a floor area ratio, an onsite open -space requirement, a minimum lot area per unit requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation.” (Gov.

Code section 65915(o)(2) (emphasis added)) . A minimum density standard is inarguably a “development standard” as broadly defined and contemplated under the DBL.

Moreover, the DBL defines “incentives and concessions” in relevant part as a “reduction in site development standards” (Gov't Code § 65915(k) (emphasis added )). And that is precisely what Newport is seeking to do: reduce the minimum density that would otherwise be required at the Project Site.

The DBL prescribes the only circumstances under which a city can lawfully disapprove an incentive or concession, as follows:
(A) The incentive or concession does not result in identifiable and actual cost reductions to provide for affordable housing costs or for rents.
(B) The incentive or concession would have a specific, adverse impact upon public health and safety or an any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low -income and moderate-income households.
(C) The concession or incentive would be contrary to state or federal law. (Gov. Code § 65915(d)(1))
Newport has met its burden for requesting a reduction in the 50 unit per acre minimum density development standard, including demonstrating that a minimum density standard is a development standard under the DBL and that a reduction of the standard is the very definition of an “incentive or concession.” Newport has also provided substantial evidence to show that this incentive or concession is consistent with the DBL and would result in identifiable and actual cost reductions.

Because the above-referenced DBL’s disapproval findings cannot be made , the City must approve the requested density incentive or concession.

The second basis for this appeal is the City’s decision is that “Environmental review pursuant to the California Environmental Quality Act (CEQA) will not be performed if the project is recommended for denial by staff. ” W e note that there is no provision in the law that allows an agency to fail to initiate and complete a project’s CEQA process because agency staff are prepared to recommend that the relevant decisionmakers disapprove the project. The decisionmakers may or may not follow such a staff recommendation, and if the recommendation is not followed, then CEQA compliance is

5.C.b
Packet Pg. 129
Attachment: Informational Item 1 Appeal Letter (5562 : LOPES RD MULTIFAMILY DEVELOPMENT APPEAL) September 26, 2025 – Page 3
Re: Lopes Ranch

3800 Mt. Diablo Boulevard, Suite 200, Lafayette, CA 94549 | Phone: 925.226.8247 |www.hsw- legal.com
required but will have been avoidably delayed . Thus, if CEQA review is not completed but the decisionmakers elect to approve the project there is an exceedingly high chance that the Permit Streamlining Act’s (“PSA”) approval time limits (Gov. Code § 65950) will not be met. This would be an independent violation of the PSA. Moreover, it would also separately violate the HAA, which defines the failure to meet the PSA’s time limits as a disapproval of a project (Gov. Code § 65589.5(h)(6)(B)). The failure t o meet the PSA’s time limits would expose the City to all of the remedies provided in the HAA. Such a failure to complete the CEQA process in the face of an impending negative recommendation by staff would also potentially amount to another violation of the HAA, as an effective disapproval of the project, because it would needlessly cause unnecessary delay and increases in the cost of the Project (Gov. Code § 65589.5(h)(6)(D)). These issues are all easily avoided if the City simply initiates and completes the CEQA process regardless of what staff is presently recommending.

For the foregoing reasons, we respectfully ask the Fremont City Council to grant this appeal by approving the requested incentive or concession to reduce the 50 unit per acre minimum density development standard and by directing staff to initiate and complete the required CEQA process.

Sincerely,

BRYAN W. WENTER

ENCLOSURES: $5,700 APPEAL DEPOSIT
JUNE 4, 2025 LETTER TO CITY

CC: SUSAN GAUTHIER, CITY CLERK

KEVIN LEE, PLANNER II
TIM RAMM, SENIOR VICE PRESIDENT – PROJECT MANAGEMENT

5.C.b
Packet Pg. 130
Attachment: Informational Item 1 Appeal Letter (5562 : LOPES RD MULTIFAMILY DEVELOPMENT APPEAL) Planning Commission
September 25, 2025

Page 1 ends

Fremont City CouncilNovember 4, 2025

Fremont City Council
November 4, 2025