HomeMy WebLinkAbout1999-06-21 City CouncilCity of Palo Alto
City Manager’s Report
TO:
FROM:
HONORABLE CITY COUNCIL
CITY MANAGER
17
DEPARTMENT: FIRE
DATE:JUNE 21, 1999 CMR: 242:99
SUBJECT:ORDINANCE REPEALING PALO ALTO MUNICIPAL CODE
CHAPTER 17.34 RELATING TO THE ENVIRONMENTAL REVIEW
OF HAZARDOUS MATERIALS STORAGE PERMITS IN ORDER TO
IMPROVE PERMIT STREAMLINING EFFORTS OF THE CITY,
AND, ORDINANCE AMENDING PALO ALTO MUNICIPAL CODE
SECTION 17.48.010 RELATING TO ENFORCEMENT OF
HAZARDOUS MATERIALS STORAGE REGULATIONS.
RECOMMENDATION
Staffrecommends that Council approve the the attached ordinance which repeals Chapter
17.34 of the Palo Alto Municipal Code relating to environmental review of hazardous
materials storage permits.
Staff also recommends that Council approve the attached ordinance amending section
17.48.010 of the Palo Alto Municipal Code to reflect changes in titles of employees
authorized to enforce hazardous materials storage regulations.
BACKGROUND
The Model Hazardous Materials Storage Ordinance (HMSO) was adopted into the Palo Alto
Municipal Code and by the County of Santa Clara and the other cities in Santa Clara County
in 1983. The concurrent adoption of the HMSO was to ensure uniform regulatory controls
for the storage and handling of hazardous materials throughout the county. Palo Alto added
Chapter 17.34, Environmental Review, to the HMSO at the timeofthe adoption. None of the
other agencies in Santa Clara County included such a section in their adoption. Chapter 17.34
requires environmental review as an additional requirement for any permit application for
projects where hazardous materials would be used or stored. The authority referenced was
the California Environmental Quality Act (CEQA), Public Resources Code Section 21000
et seq.
CMR 242:99 Page 1 of 3
The California Environmental Quality Act (commencing with Public Resources Code
Section 21000) requires local and state governments to consider the potential environmental
effects of a project before deciding whether to approve it or not. CEQA’s purpose is to
disclose the potential impacts of a project, suggest methods to minimize those impacts, and
discuss alternatives to the project so that decision makers will have full information upon
which to base their decision. CEQA applies to discretionary projects proposed tobe carried
out or approved by public agencies and specifically excludes ministerial projects and other
activities as described in Section 21080 of the Public Resources Code.
"Ministerial" as defined in Section 15369 of Title 14, California Code of Regulations,
Chapter 3, Guidelines for Implementation of the California Environmental Quality Act,
describes a governmental decision involving little or no personal judgment by the public
official as to the wisdom or manner of carrying out the project. The public official applies
the law to the facts as presented but uses no special discretion or judgment in reaching a
decision. A ministerial decision involves only the use of fixed standards or objective
measurements, and the public official cannot use personal, subjective judgment in deciding
whether or how the project should be carried out. For example, a building permit is
ministerial if the ordinance requiring the permit limits the public official to determining
whether the zoning allows the structure to be built in the requested location, the structure
would meet the strength requirements in the Uniform Building Code, and the applicant has
paid his fee.
DISCUSSION
Staff is recommending that Chapter 17.34 be deleted to improve consistency with other
jurisdictions in Santa Clara County, to eliminate an unnecessary regulatory burden to
business and industry in Palo Alto, and to eliminate an unnecessary aspect of the plan review
process.
The inclusion of environmental review in the HMSO (Palo Alto Municipal Code, Title 17)
is inconsistent with other jurisdictions in Santa Clara County. It creates an unfair burden on
business and industry in Palo Alto and creates additional work for Fire Department staff by
requiring evaluation for compliance with CEQA for projects typically exempted from CEQA.
Permits for projects which are issued by the Fire Department are ministerial, are for projects
which are components of a larger project already permitted by Planning, or are for projects
which would not have a significant effect on the environment. CEQA review under Title 17
does not provide additional protection of the environment because the projects must comply
with current safety standards identified in the California Fire Code, related local ordinances,
or State law (such as the California Health and Safety Code, Chapter 6.7, Underground
Storage Tanks.). The Fire Department does not have authority to require additional controls
or mitigations not specified in these codes and ordinances.
CMR 242:99 Page 2 of 3
Deleting Chapter 17.34 ~vould not reduce the City’s authority to conduct environmental
review for projects which are subject to CEQA because the requirement is concurrently
included in Palo Alto Municipal Code Section 16.48.060 as a responsibility of the Director
of Planning and Community Environment. The Planning Department has an effective
program in place to ensure that adequate environmental review is performed for those
projects.
RESOURCE IMPACT
Deletion of Chapter 17.34 is not expected to result in any additional costs nor any reduction
in revenues.
POLICY IMPLICATIONS
The recommendation is consistent with Council’s direction regarding streamlining the permit
process, and will improve consistency within the County in the administration of hazardous
materials and fire safety codes and regulations without compromising public safety or
protection of the environment in Palo Alto.
ENVIRONMENTAL REVIEW
This is not a project under CEQA.
ATTACHMENTS
1.Ordinance repealing Chapter 17.34 of the Palo Alto Municipal Code
2.Ordinance amending Palo Alto Municipal Code Section 17.48.010
PREPARED BY: Reinhard Hanselka and Dan Firth
DEPARTMENT HEAD:
Rub, Grijalva
CITY MANAGER APPROVAL:
ily Harrison
Assistant City Manager
CMR 242:99 Page 3 of 3
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
REPEALING CHAPTER 17.34 OF TITLE 17 OF THE PALO
ALTO MUNICIPAL CODE RELATING TO ENVIRONMENTAL
REVIEW OF HAZARDOUS MATERIALS STORAGE PERMITS
The Council of the City of Palo Alto does ORDAIN as
follows:
SECTION i. Chapter 17.34 of Title 17 of the Palo Alto
Municipal Code is hereby repealed in its entirety.
SECTION 2 The Council finds that this action is not a
project as to which the provisions of the California Environmental
Quality Act (CEQA) is applicable.
SECTION 3 This Ordinance shall become effective on the
commencement of the thirty-first day after the day of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
Mayor
City Manager
Fire Chief
990526 sdl 0043716
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING SECTION 17.48.010 OF CHAPTER 17.48 OF
TITLE 17 OF THE PALO ALTO MUNICIPAL CODE
RELATING TO ENFORCEMENT OF HAZARDOUS MATERIALS
STORAGE REGULATIONS
The Council of the City of Palo Alto does ORDAIN as
follows:
SECTION I. Section 17.48.010 of Chapter 17.48 of Title 17
of the Palo Alto Municipal Code is hereby amended to read as
follows:
"17.48.010 Criminal penalties.
(a) As provided under Chapter 1.08 of
Title I, violations of the provisions of this
title shall be subject to criminal sanctions.
(b) The following designated employee posi-
tions mayenforce the provisions of this title by
the issuance of citations. Persons employed in
such positions are authorized to exercise the
authority provided in Penal Code Section 836.5 and
are authorized to issue citations for violations
of this title. The designated employee positions
are: fire chief, &sslst=~Ldeputy fire chief, fire
marshal, fire protection manager, fire inspector,
hazardous materials specialist, hazardous materi-
als inspector, ha~d~u~ ttt=5~i=i~ i~vestlgaSu~’,
and the following employee positions, when such
employees’are assigned to the Rescue ~n~ unit:
captain, apparatus operator and firefighter."
SECTION 2. The Council finds that this action is not a
project as to which the provisions of the California Environmental
Quality Act (CEQA) is applicable.
990526 syn 0043717
SECTION 3. This Ordinance shall become effective on the
commencement of the thirty-first day after the day of its adoption,
provided.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:City Manager
Senior Asst. City Attorney Fire Chief
990526 syn 0043717
2