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HomeMy WebLinkAboutStaff Report 12127 City of Palo Alto (ID # 12127) City Council Staff Report Report Type: Consent Calendar Meeting Date: 4/5/2021 City of Palo Alto Page 1 Summary Title: Ordinance Adopting an Administrative Amendment to the 2019 California Fire Code Title: SECOND READING: Adoption of an Ordinance Adopting an Administrative Amendment to the 2019 California Fire Code, Palo Alto Municipal Code Section 15.04.075 (Definitions Added to Section 202)(FIRST READING: March 15, 2021 PASSED: 7 -0) From: City Manager Lead Department: City Clerk This was first brought to the City Council on March 15, 2021 where it passed without change, in a 7-0 vote. It is now before you for the second reading. Attachments: • Attachment A: Ordinance *NOT YET APPROVED* 1 0160043_20210203_ay16 Ordinance No. ___ 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. *NOT YET APPROVED* 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: PASSED: AYES: 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 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 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 4 0160043_20210203_ay16 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 water 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 potentially 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 every 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); e. Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours; 5 0160043_20210203_ay16 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 expected, 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 additional 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 delays. 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 6 0160043_20210203_ay16 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 regulations 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.