HomeMy WebLinkAbout2012-05-29; City Council; CS-184; Modify 2010 Addition of the California Fire Code...Ordinance CS-184
Originally adopted on
5/29/2012.
Re-adopted per City
Attorney on 6/5/2012.
See City Council
minutes dated 6/5/2012
and AB # 20, 911,
AB #20,917, AB #20,922.
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WHEREAS, proper emergency response to this facility requires
adequate circulation and access; and
WHEREAS, the Cartsbad Fire Chief has determined pursuant to Title
24 California Code of Regulations 503.2.2 that such adequate access and circulation
requires a minimum width of 50-feet for access to the bottom of the bowl where the
proposed power plant is to be located and a complete circular rim road around the
top ofthis bowl to allow adequate access in staging of emergency vehicles; and
WHEREAS, the Revised Presiding Member's Proposed Decision,
dated March 28, 2012 recommends not to follow these standards; and
WHEREAS, that report recommends a incomplete rim road and an
inadequate access width of 28-feet; and
WHEREAS, the report states:
"Given the Energy Commissions exclusive jurisdiction over the
permitting and regulation of thermal power plants (such as the proposed
power plant), the final detennination of the appropriate access width is
ours to make as we must both set the development standards for the
project and then enforce them. While the opinions of the local fire
officials who will provide the fire protection services are an important
consideration, they are not dispositive. After considering those
opinions, along with those of other experts, we decide that a 28-foot
minimum road width is appropriate for this project The local fire
department will continue to provide fire service to the project; ours is
planning and regulatory role." (at section 6.4-11)
WHEREAS, this will be the only power plant located in a bowl,
approximately 30-feet beneath ground elevation and this condition represents a
topographical condition like no other elsewhere in the City of Cartsbad; and
WHEREAS, the proposed plant is located in a highly constrained,
constricted and Impacted area unlike any other area in the City of Carisbad and such
location represents a unique topographical condition that must be considered when
amending the Fire Code; and
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WHEREAS, the prevailing winds are likely to cause a major disruption
to traffic along Interstate 5 in the event of an explosion or other major event; and
WHEREAS, it is the City Council's duty to ensure that its citizens, its
fire department, its visitors, tourists and residents are afforded the highest level of
care while at the same time recognizing the need for adequate fire protection, and
the City Council, having engaged in this balancing test has determined that local
conditions require the Carisbad Fire Department to respond to such emergencies in a
secondary role and to assess the situation on an incident-by-incident basis.
The City Council of the City of Cartsbad ordains as follows:
SECTION I: That Chapter 17.04.340 ofthe Carlsbad Municipal Code
shall be amended to read as follows:
17.04.340 - Section 505.5 Response map updates—Amended.
Chapter 5, Section 505.5 ofthe 2010 California Fire Code is amended to
add the following:
Any new development, which necessitates updating of emergency
response maps by virtue of new structures, hydrants, roadways or similar
features, shall be required to provide map updates in a format approved by
the fire department. The responsible party shall be charged a reasonable
fee for updating the City emergency response maps.
For any new power plant to be developed in the City of Cartsbad located
west of Interstate 5, north of Cannon Road, south of Agua Hedionda
Lagoon and east of the NCTD right of way, that does not conform to the
requirements of the Cartsbad Fire Chief pursuant to Title 24 California Code
of Regulations, § 503.2.2, response to any emergency shall be provided
primarily by the California Energy Commission or the power plant applicant
or landowner, as appropriate, and the Carlsbad Fire Department shall be in
a secondary response position and shall provide emergency responses as
appropriate on an incident-by-incident basis.
The response maps for any emergency response to this location shall be
modified to indicate that the California Energy Commission or the power
plant applicant or landowner, as appropriate, shall provide primary
2 response in the event of an emergency.
3 The City Clerk shall give notice of this modification as required by Health &
^ Safety Code § 17958.7 to the California Building Standards Commission.
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EFFECTIVE DATE: This ordinance shail be effective thirty days after its adoption; and
the city clerk shali certify the adoption of this ordinance and cause the full text of the ordinance
or a summary of the ordinance prepared by the City Attorney to be published at least once in a
newspaper of general circulation in the City of Cartsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting ofthe Carlsbad City Councii on
the 22"^ day of May, 2012, and thereafter.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Cartsbad on the 29*^ day of May, 2012 by the foliowing vote to wit:
AYES: Council Members Hall, Kuichin, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: None.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorffey
ATTEST:
lerk
(SEAL)