The URL can be used to link to this page

Home My WebLink About2012-06-05; City Council; 20922; Amendment 2010 California Fire Code for Local Conditions Pursuant to Health and Safety Code Sections 17958.5 and 17958.7CITY OF CARLSBAD - AGENDA BILL AB# 20,922 AMENDMENT OF 2010 CALIFORNIA FIRE CODE FOR LOCAL CONDITIONS PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 17958.5 AND 17958.7 DEPT. DIRECTOR ^^"i&f MTG. 6/05/12 AMENDMENT OF 2010 CALIFORNIA FIRE CODE FOR LOCAL CONDITIONS PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 17958.5 AND 17958.7 CITY ATTORNEY DEPT. Clerk AMENDMENT OF 2010 CALIFORNIA FIRE CODE FOR LOCAL CONDITIONS PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 17958.5 AND 17958.7 CITY MANAGER RECOMMENDED ACTION: Adopt Ordinance No. CS-184, amending Title 17, Chapter 17.04 of the Carlsbad Municipal Code to modify the 2010 Addition of the California Fire Code due to local climatic, geological or topographical conditions or infrastructure limitations. The second reading allows the City Council to adopt the ordinance which will become effective thirty days after adoption. The City Clerk's Office will have the ordinance published within fifteen days, if adopted. ITEM EXPLANATION: Government Code Section 36934 may require an ordinance to be adopted at a "regular" meeting as opposed to a "special" meeting. Since the second reading and adoption of CS-184 took place at on May 29, 2012, the fifth Tuesday of May, an argument can made that it was not effectively adopted. The City Attorney recommends the second reading and adoption to cure any potential irregularities. FISCAL IMPACT: See AB #20,911 and AB #20,917 on file in the Office of the City Clerk. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has not potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. EXHIBIT: 1. Ordinance No. CS-184. DEPARTMENT CONTACT: Karen Kundtz 760-434-2808 Karen.Kundtz@carlsbadca.qov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER - SEE MINUTES AMENDED • Second reading, see AB#20,911 for previous reading and adoption. 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, 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 determination 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 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 of the City of Carlsbad ordains as follows: SECTION I: That Chapter 17.04.340 of the 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 of the 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 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. 5 /// ^ /// 7 /// ^ /// ' /// 10 /// 11 /// 12 /// 13 /// 14 /// 15 /// 16 17 18 19 "I 20 /// 21 /// 22 /// 23 /// 24 /// III 26 /// 27 /// 28 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 to 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 Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the 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 Carlsbad on the 5*^ day of June, 2012, by the following vote to wit: AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY RONACD R. BALL, City Attorney ~ MATT HALL, Mayor ATTEST: (SEAL) Kira Linberg Agenda Item U S For the members of the: CITYCQtfllCih ACvl DCM CA^ Date City Manager. From: Sent: To: Subject: Attachments: Haque, Ahmed <Ahmed.Haque@nrgenergy.com> Tuesday, June 05, 2012 2:29 PM Council Internet Email; Kira Linberg City Council Meeting 6/05/2012, Agenda Item #5: Letter from NRG Energy, Inc. NRG Letter to Carlsbad City Council June 5 2012 Agenda Item 5 AB20922.pdf Honorable Mayor Hall and Council Members, Please accept the attached letter from NRG Energy, Inc. submitted in reference to Agenda Item #5 of tonight's Council Meeting. Respectfully, Ahmed Haque ahmed.haQue(5).nraenerqv.com Date:_ Distribution: City Clerk Asst. City Clerk Deputy Clerk Book NRG Energy, Inc. ' " ™ 5790 Fleet Street Suite 200 Carlsbad, CA 92008-4703 nrg June 5,2012 Carlsbad City Council 1200 Carlsbad Village Drive Carlsbad, CA 92008 Nn r^^^f Cily C a Meeting / June 5, 2012 ~ Agenda Item No. 5 (Ordinance No. CS-184 amending the Carlsbad Municipal Code, Title 17, Chapter 17.04 Fire Prevention Code to modify the 2010 addition of the California Fire Code due to local cbmatic, geological or topographical conditions or infrastructure limitations.) Dear Mr. Mayor and Members of the City Council: NRG Energy Inc. ("NRG") has reviewed the above-referenced proposed ordinance (the Ordinance ) and submits these comments for Council's consideration. NRG agrees with City staffs conclusion that the proposed ordinance has no potential for environmental impacts with respect to the Carlsbad Energy Center, which was approved by the California Energy Commission ("CEC") on May 31,2012. In fact, in approving the Carlsbad Energy Center, the CEC specifically concluded, "We further find that the adoption of the Ordinance is not significant new information under CEQA because it does not result m a new significant enviromnental impact from the project, a substantial increase m the severity of an environmental impact from the project, or create new teasible project altematives or mitigation measures not previously analyzed because the ordinance is consistent with the RPMPD." Thus, it is clear that the Ordinance does not result in any potential enviromnental impacts from he Carlsbad Energy Center. Given the scope of the Ordinance, however, it is less Clear that the Ordinance will have no potential environmental impacts on activities urirelated to the Carisbad Energy Center. With that in mind, NRG hereby requests any information, documentation, or analysis supporting City staffs conclusion that the Ordmance has no potential to cause either a direct or indirect impact on the environment trom activities and operations that do not relate to the Carlsbad Energy Center. NRG also notes, for Council's information, that NRG has not received clear and consistent notice of the City's proceedmg on the Ordinance. While we recognize the Citv IS scheduled to conduct an additional second reading today, and that our inquiry regardmg environmental impacts of the Ordinance comes shortly before Council action the inconsistent noticmg made it difficult for NRG to evaluate the Ordinance and identify this concem at an earlier time. We appreciate your consideration of this letter and look forward to receiving information related to the City's consideration of the envhronmental impacts of the Ordinance. Sincerely, Randall Hickok Senior Vice President NRG Energy, Inc.