HomeMy WebLinkAbout2021-04-05 Ordinance 5519
1
0160043_20210203_ay16
Ordinance No. 5519
An Ordinance Amending Section 15.04.075 of the Palo Alto Municipal
Code to Adopt a Local Amendment to the Definition of False Alarm in the
2019 Edition of the California Fire Code
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Section 15.04.075 (Definitions added to Section 202) is amended to add
a local amendment to the definition of “False Alarm” as follows:
15.04.075 Definitions added to Section 202
The following definitions are added to Section 202 of the California Fire Code to read as follows:
[. . .]
CORROSIVE LIQUID. Corrosive liquid is:
1) any liquid which, when in contact with living tissue, will cause destruction
or irreversible alteration of such tissue by chemical action; or
2) any liquid having a pH of 2 or less or 12.5 or more; or
3) any liquid classified as corrosive by the U.S. Department of Transportation;
or
4) any material exhibiting the characteristics of corrosivity in accordance with
Title 22, California Code of Regulations §66261.22.
FALSE ALARM. The willful, knowing, or negligent initiation or transmission of a signal,
message, or other notification of an event of fire when no such danger exists.
MAXIMUM THRESHOLD QUANTITY (MAX TQ). Maximum threshold quantity is the
maximum quantity of a moderately toxic or toxic gas, which may be stored in a single
vessel before a more stringent category of regulation is applied. The following equation
shall be used to calculate the Max TQ:
Max TQ (pounds) = LC50 (ppm) x 2 lb.
SECTION 2. The Council adopts the findings for local amendments to the California
Fire Code, 2019 Edition, attached hereto as Exhibit "A" and incorporated herein by reference.
SECTION 3. The Council finds that this project is exempt from the provisions of the
California Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the California
Guidelines, because it can be seen with certainty that there is no possibility that the
amendments herein adopted will have a significant effect on the environment.
DocuSign Envelope ID: 1E2F2E62-CA9A-4774-B287-A874F8CE1E05
2
0160043_20210203_ay16
SECTION 4. This Ordinance shall become effective on the commencement of the
thirty-first day after the day of its adoption.
INTRODUCED: March 15, 2021
PASSED: April 5, 2021
AYES: BURT, CORMACK, DUBOIS, FILSETH, KOU, STONE, TANAKA
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Planning and Development
Services
____________________________
Director of Administrative
Services
DocuSign Envelope ID: 1E2F2E62-CA9A-4774-B287-A874F8CE1E05
3
0160043_20210203_ay16
EXHIBIT A
Findings for Local Amendments to the
2019 California Fire Code
The local amendments to the 2019 California Fire Code make modifications as authorized by the
California Health and Safety Code. In accordance with Section 18941.5 of said Code, Findings are
hereby made to show that such modifications or changes are reasonably necessary because of
local climatic, geological or topographical conditions.
PREAMBLE I.
Findings of fact:
A. Pursuant to Section 17958.5 of the California Health and Safety Code, the report
contained herein is submitted as the “Findings of Fact” document with regard to the adoption of
a local amendment to the California Fire Code, 2019 Edition. Under this adopting ordinance, a
definition of “False Alarm” is established which is more restrictive in nature than that adopted by
the State of California (State Building Code Standards, State Housing and Community
Development Codes) commonly referred to as California Code of Regulations, Titles 19, 24 and
25.
B. This amendment to the California Fire Code, 2019 Edition, has been recognized by the
City of Palo Alto (“City”) as a tool for addressing the fire problems, concerns and future direction
by which the authority can establish and maintain an environment which will afford a level of fire
and life safety to all who live and work within the City’s boundaries. Specifically, the local
amendment to the definition of “False Alarm” will limit delays in response time and reduce
hazards to firefighters. These measures are necessary to prevent exacerbation of response delays
associated with the Climatic, Geographical and Topographical conditions listed in Findings 1, 2
and 3 below.
C. Under the provisions of Section 17958.5 of the Health and Safety Code, local
amendments shall be based upon the following: climatic, geological/geographical, and
topographical conditions. The findings of fact contained herein shall address each of these
situations and shall present the local situation which, either singularly or in combination, caused
the established amendments to be adopted.
1. Climactic Conditions:
The City, on an average, experiences an annual rainfall of 16" - 18". This rainfall can be expected
between October and April of each year. However, during the summer months there is little, if
any, measurable precipitation. During this dry period the temperatures are usually between 70 -
90 degrees with light to gusty westerly winds. These drying winds, combined with the natural
vegetation which is dominant throughout the area, create a hazardous fuel condition which can
DocuSign Envelope ID: 1E2F2E62-CA9A-4774-B287-A874F8CE1E05
4
0160043_20210203_ay16
cause, and has caused in the past, extensive grass and brush land fires. With more and more
development encroaching into these wooded and grass covered areas, wind-driven fires could
have severe consequences, as has been demonstrated on several occasions in Palo Alto and
other areas of the state. Fires in structures can easily spread to the wildland as well as a fire in
the wildland into a structure.
Because of the weather patterns, a normal rainfall cannot always be relied upon. This can result
in water rationing and water allocation systems, as demonstrated by the drought years of 1986 -
1991. Water shortages can also be expected in the future due to the current wate r storage
capacities and increased consumption. The water supply for the Palo Alto fire department makes
use of automatic fire sprinkler systems feasible as a means to reduce our dependency on large
volumes of water for fire suppression.
2. Geological & Geographical Conditions:
Geographical Location. Palo Alto is located at the northern most part of Santa Clara County. Palo
Alto is a major focus of the “Silicon Valley,” the center for an expanding and changing electronics
industry, as well as pharmaceutical, biomedical, and genetic research.
Seismic Location. Palo Alto is situated on alluvial solids between San Francisco Bay and the San
Andreas Fault zone. The City’s location makes it particularly vulnerable to damage to taller and
older structures caused by seismic events. The relatively young geological processes that have
created the San Francisco Bay Area are still active today. Seismically, the city sits between two
active earthquake faults (San Andreas and the Hayward/Calaveras), and numerous p otentially
active faults. Approximately 55% of the City’s land surface is in the high -to-moderate seismic
hazard zones.
Seismic and Fire Hazards. Fire following an earthquake has the potential of causing greater loss
of life and damage than the earthquake itself.
The majority of the City’s high-rise structures are located in seismic risk zones. Should a
significant seismic event occur, Public Safety resources would have to be prioritized to mitigate
the greatest threat, and may not be available for ever y structural fire. In such event, individual
structures, including high-rise buildings, should be equipped to help in mitigating the risk of
damage.
Other variables may tend to intensify the situation:
a. The extent of damage to the water system;
b. The extent of isolation due to bridge and/or freeway overpass collapse;
c. The extent of roadway damage and/or amount of debris blocking the roadways;
d. Climatical conditions (hot, dry weather with high winds);
DocuSign Envelope ID: 1E2F2E62-CA9A-4774-B287-A874F8CE1E05
5
0160043_20210203_ay16
e. Time of day will influence the amount of traffic on roadways and could intensify the risk
to life during normal business hours;
f. The availability of timely mutual aid or military assistance;
g. Many high-rise structures are located near areas of high fire danger necessitating special
precautions.
Transportation. Palo Alto is dissected by a major state highway (El Camino Real) and two major
freeways (I-280 and U.S. 101), which potentially could negatively affect response times of fire
suppression equipment.
Soil Conditions. Palo Alto lies at the southern end of San Francisco Bay and is built atop the
alluvial deposits that surround the margins of the Bay. The alluvium was created by the flooding
of many streams emptying into the San Francisco Bay depression, and from intermittent sea
water inundation that has occurred over the last 2 or 3 million years. The areas closest to the
Bay are overlain by unconsolidated fine silty clay, known as Bay Mud which varies in thickness
from a few feet to as much as 30 feet. Generally, the older more stable alluvium is to the south
and the younger less stable material is to the north. Bedrock lies beneath the area at depths of
generally 300' or more.
3. Topographical Conditions:
The findings of fact for the topographical element, as would be expect ed, are closely associated
with the geological/geographical element. With the elevation changes within the district,
development is of course following the path of least resistance, creating a meandering pattern.
This then does not lend itself to a good systematic street and road layout, which would promote
easy traffic flow. It has, in fact, resulted in few major crosstown thoroughfares which tend to be
heavily congested, primarily during commute hours and seasonal periods of the year. This
creates barriers which reduce the response time of fire equipment and other emergency
services. The topography of the district is being burdened by major structures. Employment
areas are throughout the district. The people who work in these complexes have added to the
traffic congestion throughout the city, thereby reducing the fire department’s response time
capabilities.
Inherent delays caused by the traffic patterns to many of these types of projects, make it
necessary to mitigate this problem by requiring additiona l built-in automatic fire protection
systems to provide early detection and initial control until the arrival of the fire department.
The topography of the district in much of the commercial and residential zones lies within or
near a flood plane. Periodically, heavy rains and high tides cause region-wide flooding which not
only delays response but also increases demands on fire personnel. The fire code amendments
increase safeguards and initialize early response to help compensate for these physical dela ys.
DocuSign Envelope ID: 1E2F2E62-CA9A-4774-B287-A874F8CE1E05
6
0160043_20210203_ay16
As a result of the findings of facts which identify the various climatic, geological/geographical and
topographical elements, those additional requirements as specified in the amendments to
adopting ordinance for the California Fire Code 2013 Edition, by the City of Palo Alto area are
considered reasonable and necessary modifications. The experience of several disastrous fires
within the city in addition to Santa Clara, Monterey, San Mateo, Alameda and Contra Costa
counties have demonstrated the need for other fire protection features, the most significant of
which was located in the Oakland/Berkeley Hills in which over 3,000 homes were destroyed and
25 human lives were lost. While it is clearly understood that the adoption of such regulat ions
may not prevent the incidence of fire, the implementation of these various amendments to the
Code may reduce the severity and potential of loss of life and property.
DocuSign Envelope ID: 1E2F2E62-CA9A-4774-B287-A874F8CE1E05
Certificate Of Completion
Envelope Id: 1E2F2E62CA9A4774B287A874F8CE1E05 Status: Completed
Subject: Please DocuSign: ORD 5519 Ordinance Amending Section 15.04.075 of the PAMC to Adopt Local Amend...
Source Envelope:
Document Pages: 6 Signatures: 6 Envelope Originator:
Certificate Pages: 2 Initials: 0 Danielle Kang
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
250 Hamilton Ave
Palo Alto , CA 94301
Danielle.Kang@cityofpaloalto.org
IP Address: 199.33.32.254
Record Tracking
Status: Original
4/6/2021 11:22:27 AM
Holder: Danielle Kang
Danielle.Kang@cityofpaloalto.org
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Palo Alto Location: DocuSign
Signer Events Signature Timestamp
Albert Yang
Albert.Yang@CityofPaloAlto.org
Assistant City Attorney
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 97.113.131.147
Sent: 4/6/2021 11:24:54 AM
Viewed: 4/6/2021 12:47:22 PM
Signed: 4/6/2021 1:12:56 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Kiely Nose
Kiely.Nose@CityofPaloAlto.org
Director, Administrative Services/CFO
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Signature Adoption: Uploaded Signature Image
Using IP Address: 73.70.132.132
Sent: 4/6/2021 1:12:59 PM
Viewed: 4/13/2021 10:14:22 AM
Signed: 4/13/2021 10:14:35 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jonathan Lait
Jonathan.Lait@CityofPaloAlto.org
Interim Director Planning and Community
Environment
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Signature Adoption: Uploaded Signature Image
Using IP Address: 99.88.42.180
Sent: 4/13/2021 10:14:38 AM
Viewed: 4/14/2021 5:05:00 PM
Signed: 4/14/2021 5:05:22 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Ed Shikada
Ed.Shikada@CityofPaloAlto.org
Ed Shikada, City Manager
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 98.42.3.200
Sent: 4/14/2021 5:05:23 PM
Viewed: 4/14/2021 8:25:59 PM
Signed: 4/14/2021 8:26:25 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signer Events Signature Timestamp
Tom DuBois
tomforcouncil@gmail.com
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 173.197.93.35
Sent: 4/14/2021 8:26:28 PM
Viewed: 4/15/2021 10:29:27 AM
Signed: 4/15/2021 10:29:45 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Beth Minor
beth.minor@cityofpaloalto.org
City Clerk
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 199.33.32.254
Sent: 4/15/2021 10:29:47 AM
Viewed: 4/15/2021 10:32:00 AM
Signed: 4/15/2021 10:33:32 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 4/6/2021 11:24:54 AM
Certified Delivered Security Checked 4/15/2021 10:32:00 AM
Signing Complete Security Checked 4/15/2021 10:33:32 AM
Completed Security Checked 4/15/2021 10:33:32 AM
Payment Events Status Timestamps