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HomeMy WebLinkAbout2012-05-29; City Council; 20917; Amendment 2010 California Fire Code for Local Conditions Pursuant to Health and Safety Code Sections 17958.5 and 17958.71 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, proper emergency response to this facility requires adequate circulation and access; and WHEREAS, the Carlsbad 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 of this 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 detemiination 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 projecL 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 Carlsbad; and WHEREAS, the proposed plant is located in a highly constrained, constricted and impacted area unlike any other area in the City of Carlsbad and such location represents a unique topographical condition that must be considered when amending the Fire Code; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Carlsbad 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 ofthe City of Carlsbad 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 Carlsbad 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 Carlsbad 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 1 2 3 4 5 /// 6 /// 7 /// 8 /// 9 /// 10 /// 11 /// 12 /// 13 /// 14 /// 15 /// 16 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 plant applicant or landowner, as appropriate, shall provide primary response in the event of an emergency. The City Clerk shall give notice of this modification as required by Health & Safety Code § 17958.7 to the California Building Standards Commission. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the city clerk shall certify the adoption of this ordinance and cause the fuil 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 Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a Regular Meeting ofthe Carlsbad City Council 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 Carisbad on the 29*^ day of May, 2012 by the foilowing vote to wit: AYES: Council Members Hali, Kuichin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, Cily AttorFvey MA ATTEST: lerk (SEAL)