HomeMy WebLinkAbout89-42 - Adding Chapter 15.55 Establishing A Methane Gas Mitigation District•
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ORDINANCE NO. 89- 42
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ADDING CHAPTER 15.55 ESTABLISHING A
METHANE GAS MITIGATION DISTRICT.
The City Council of the City of Newport Beach does hereby
ordain as follows:
Section 1: Chapter 15.55 of the Newport Beach Municipal Code
is added to read as follows:
CHAPTER 15.55
METHANE OVERLAY ZONE
Sections:
Section
15.55.010
Findings /Purpose
Section
15.55.020
Definitions
Section
15.55.030
Boundaries
Section
15.55.040
Requirements
Section
15.55.050
Violation /Remedy
Section 15.55.010 Findings/Purpose
The City Council finds and declares as follows:
A. Findings.
1. Methane gas is found in high concentrations in
or near ground surface in certain areas of Newport Beach;
2. Methane gas, in high concentrations, poses a
risk to health and safety if inhaled or exposed to a source of
ignition;
3. Methane gas hazards can be mitigated or
eliminated by the installation of proven material, equipment or
systems; and
4. The cost of testing for methane and, if
necessary, installing methane gas mitigation systems, equipment or
material is reasonable if imposed only on new development or
projects which significantly increase the amount of impermeable
surface area.
B. Purpose.
The purpose of this chapter is to establish a
Methane Gas Mitigation District that will require property owners
to test for, and mitigate, the presence of methane gas prior to
significant new construction. The Methane Gas Mitigation District
may be applied to those areas of the City where studies have
shown there is a distinct possibility of high concentrations of
methane gas in soil close to ground surface.
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Section 15.55.020 Definitions
Whenever used in this Chapter, the following words and
terms shall be defined as specified in this Section.
A. PROJECT shall include any application for a tentative
tract map, parcel map or zoning amendment, any construction on a
previously vacant building site, or any construction that would
increase the impervious surface on any parcel or parcels by 300
square feet or more.
B. METHANE GAS shall mean the hydrocarbon substance
with chemical formula CH, other gases within the methane series,
and any similar substance formed by decomposition of organic
materials and which is explosive if present in sufficient
quantity. The term methane gas excludes any substance leaking, or
discharged, from any utility company distribution system.
Section 15.55.030 Methane Gas Mitigation District/
Boundaries
A. The following areas are hereby designated as Methane
Gas Mitigation Districts:
1. That certain parcel of land commonly known as
Channel Park located northerly of the intersection of Channel
Place and River Avenue.
2. That certain alley bounded by Marcus Avenue, 35th
Street, Lake Avenue and 36th Street.
3. That certain parcel of land bounded by Superior
Avenue, the southerly line of Tract No. 8336 (commonly known as
Villa Balboa), Newport Boulevard and the southerly right of way
• line of West Coast Highway.
4. That certain parcel of land commonly known as the
City Corporation Yard as described in a deed to the City of
Newport Beach filed in Book 330, page 22 of deeds, in the office
of the Recorder of Orange County, California, located southerly of
the intersection of Superior Avenue and Industrial Way and between
Superior Avenue and Newport Boulevard.
B. The boundaries of the Methane Gas Mitigation
Districts described above are measured from the center line of
public streets unless otherwise described, and the boundaries are
graphically depicted on the map shown as Appendix A. The original
copy of the map designating the Methane Gas Mitigation Districts
shall be maintained by, and on file with, the City Clerk.
Section 15.55.040 Methane Gas Mitigation District/
Requirements
A. Permit Required.
No permit shall be issued for any project within any
Methane Gas Mitigation District until the requirements of this
section have been fully satisfied.
B. Testing and Mitigation Requirements.
Prior to the approval of any project, the property
owner, applicant or proponent shall:
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1. Submit a plan, prepared by a licensed consulting
geologist or other qualified consultant, to test building site
soils for the presence of methane gas, or commit to test in
conformance with any standard plans and specifications adopted by
the Fire Chief and /or Building Director.
2. Test for the presence of methane gas in
accordance with the approved plan or standard plans and
specifications.
3. In the event testing reveals methane gas in
excess of 1.25% by volume at ambient pressure and temperature
(lower explosive limit), a mitigation plan shall be submitted for
approval by the Fire Chief and /or Building Director. The
mitigation plan shall be prepared by a licensed geologist or other
qualified consultant. Mitigation shall be accomplished by flared
vent systems, underground collection systems, or other proven
systems, devices or techniques. Mitigation measures shall be
designed to reduce the level of methane gas in any building or
structure to less than 25% of the lower explosive limit. In the
event measures specified in the mitigation plan do not reduce the
level of methane gas below 25% of the lower explosive limit, the
mitigation plan shall be modified to include additional measures,
and those measures shall be implemented within thirty (30) days
after approval of the amended plan.
4. Install an isolation barrier, consisting of a
continuous, flexible, permanent and non -gas permeable barrier
beneath all newly constructed foundations and floors at ground
level. Barrier penetrations shall be secured with a gas -tight
seal.
5. Obtain a certificate of compliance with this
section from the Fire Chief and /or Building Director.
• Section 15.55.050 Violations /Remedy
A. Any person violating the provisions of, or failing to
comply with, this Chapter is guilty of a misdemeanor and shall be
punished in accordance with the provisions of Section 1.04.010 of
this Code.
B. In addition to the penalties provided in Section
1.04.010, any project that violates any of the provisions of this
chapter shall be deemed a public nuisance and may be summarily
abated as such by the City of Newport Beach.
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Section 2: This Ordinance was introduced at a regular meeting
of the City Council of the City of Newport Beach held on the 11th
day of December, 1989, and adopted on the 8th day of January ,
1990, by the following vote, to -wit:
AYES, COUNCILMEMBERS TURNER, WATT, SANSONE,
• PLUMMER, HART, STRAUSS
NOES, COUNCILMEMBERS NONE
ABSENT COUNCILMEMBERS COX
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F � L -
CITY OF NEWPORT BEACH -
P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768
GARY L I'HH ILLE, County Clerks
NEGATIVE DECLARATIOI�fy DEPUTY
COffice of Planning and Research
-1 1400 Tenth Street, Room 121
Sacramento, CA 95814
XCounty Clerk of the County
of Orange
P.O. Box 838
Santa Ana, CA 92702
NAME OF PROJECT:
FROM: Planning Department
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92659 -1768
PROJECT LOCATION: /`+ O/"f SQA�4 i Gy4w
PROJECT DESCRIPTION: A10,&/011 RFyll,�7fD�13 P2�a>�yQ 7�7GiC!/Ql0/J/l��t� /�
Ama5 a&i
FINDING: Pursuant to the provisions of City Council Policy K -3 pertaining to
procedures and guidelines to implement the California Environmental quality
Act, the Environmental Affairs Committee has evaluated the proposed project
and determined that the proposed project will not have a significant effect
on the environment.
ITIGATION MEASURES:
�OnQ,
INITIAL STUDY PREPARED BY: Coe
INITIAL STUDY AVAILABLE FOR REVIEW AT: 3300 Newport Boulevard, Newport Beach, CA
DATE RECEIVED FOR FILING: /rte
Enviro�n%meent( /al Coorddi�nnattp
DATE:
AUG 3 1989 AU'J 3 1 1999
GARY L. Gtu r i L , unty 11Erk� Q
BY DEPUM UILLR, Cuunty Clerk
3300 Newport Boulevard, Newport Beach 496- — %PBTy
I. Background
1.
2.
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ENVIRONMENTAL CHECKLIST FORM
Name of Proponent �1 % /Y
3. Date Checklist Submitted aag /lys- ,r
4. Agency Requiring Checklist Q11Y1/ / p
5. Name of Proposal, if applicable )"3 0 110 06
e7*11e gO Ornrhy n'Q
Environmental Impacts
(Explanations of all "yes" and "maybe" answers are required on attached
sheets.)
Yes MMibe No
1. Earth. Will the proposal result in:
a. Unstable earth conditions or in changes in
geologic substructures? _
b. Disruptions, displacements, compaction or
overcovering of the soil? _ X
C. Change in topography or ground surface X
relief features? _
d. The destruction, covering or modification
of any unique geologic or physical features? _
e. Any increase in wind or water erosion of
Soils, either on or off the site?
f. Changes in deposition or erosion of beach
sands, or changes in siltation, deposition or
erosion which may modify the channel of a
river or stream or the bed of the ocean or
any bay, inlet or lake? _
g. Exposure of people or property to geologic
hazards such as earthquakes, landslides,
mudslides, ground failure, or similar hazards?
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Yes Maybe No
2. Air. Will the proposal result in:
a. Substantial air emissions or deterioration
of ambient air quality? vx_
b. The creation of objectionable odors? 3
C. Alteration of air movement, moisture, or
temperature, or any change in climate,
either locally or regionally? _
3. Water. Will the proposal result in:
a. Changes in currents, or the course of
direction of water movements, in either
marine or fresh waters?
b. Changes in absorption rates, drainage
patterns, or the rate and amount of
surface runoff? _
C. Alterations to the course or flow of
flood waters?
d. Change in the amount of surface water
in any water body?
e. Discharge into surface waters, or in any
alteration of surface water quality,
including but not limited to temperature,
dissolved oxygen or turbidity? _
f. Alteration of the direction or rate of
flow of ground water? _
• g. Change in the quantity of ground waters,
either through direct additions or with-
drawals, or through interception of an
aquifer by cuts or excavations? _
h. Substantial reduction in the amount of
water otherwise available for public
water supplies? �.
i. Exposure of people or property to water
related hazards such as flooding or tidal
waves?
- 2 -
Yes Maybe No
4_ plant Life. Will the proposal result in:
a.
Change in the diversity of species, or num-
ber of any species of plants (including trees,
shrubs, grass, crops, and aquatic plants)?
b.
Reduction of the numbers of any unique, rare
or endangered species of plants? _
C.
Introduction of new species of plants into
an area, or in a barrier to the normal
replenishment of existing species? —
d.
Reduction in acreage of any agricultural crop?
X
S. Animal
Life. Will the proposal result in:
a.
Change in the diversity of species, or num-
bers of any species of animals (birds, land
animals including reptiles, fish and shell-
fish, benthic organisms or insects)?
b.
Reduction of the numbers of any unique,
rare or endangered species of animals? _
C. Introduction of new species of animals into
an area, or result in a barrier to the migra-
tion or movement of animals?
d. Deterioration to existing fish or wildlife
habitat?
6. Noise. Will the proposal result in:
• a. Increases in existing noise levels? i
b. Exposure of people to severe noise levels?
7. Light and Glare. Will the proposal produce new
light or glare? _
8. Land Use. Will the proposal result in a sub-
stantial alteration of the present or planned
land use of an area?
- 3 -
Yes Maybe No
9. Natural Resources. Will the proposal result in:
a. Increase in the rate of use of any natural
resources? —
10.
Risk of Upset. Will the proposal involve:
a. A risk of an explosion or the release of
hazardous substances (including, but not
limited to, oil, pesticides, chemicals or
radiation) in the event of an accident or
upset conditions? —
b. Possible interference with an emergency
response plan or an emergency evacuation
v
plan? —
a
11.
Population. Will the proposal alter the location,
distribution, density, or growth rate of the human
population of an area? —
12.
Housing. Will the proposal affect existing housing
or create a demand for additional housing? —
13.
Transportation /Circulation. Will the proposal
result in:
a. Generation of substantial additional
vehicular movement?
b. Effects on existing parking facilities, or
demand for new parking? —
C. Substantial impact upon existing trans-
•
portation systems?
d. Alterations to present patterns of circula-
tion or movement of people and /or goods?
e. Alterations to waterborne, rail or air traffic?_
f. Increase in traffic hazards to motor vehicles,
bicyclists, or pedestrians? —
14.
Public Services. Will the proposal have an effect
upon, or result in a need for new or altered gov-
ernmental services in any of the following areas:
- 4 -
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Yes Maybe No
- 5 -
X
a.
Fire protection? _
b.
Police protection? _
C.
Schools?
d.
Parks or other recreational facilities?
e.
Maintenance of public facilities, including
roads?
f.
Other governmental services?
15. Energy. Will the proposal result in:
a.
Use of substantial amounts of fuel or energy?
b.
Substantial increase in demand upon existing
sources or energy, or require the development
of new sources of energy?
16. Utilites. Will the proposal result in a need for
new
systems, or substantial alterations to the
following utilities:
a.
Power or natural gas?
b.
Communications systems? _
4
C.
Water?
A
d.
Sewer or septic tanks?
e.
Storm water drainage?
f.
Solid waste and disposal?
17. Human Health. Will the proposal result in?
a.
Creation of any healthQi azard or potential
health heazard (excluding mental health)?
b.
Exposure of people to potential health
hazards?
- 5 -
Yes Maybe No
18. Aesthetics. Will the proposal result in the
obstruction of any scenic vista or view open to
the public, or will the proposal result in the
creation of an aesthetically offensive site open
to public view?
19. Recreation. Will the proposal result in an
impact upon the quality or quantity of existing
recreational opportunities? _ X
20. Cultural Resources.
a. Will the proposal result in the alteration
of or the destruction of a prehistoric or
historic archaeological site?
b. Will the proposal result in adverse physical
or aesthetic effects to a prehistoric or
historic building, structure, or object?
C. Does the proposal have the potential to
cause a physical change which would affect
unique ethnic cultural values? _
d. Will the proposal restrict existing religious
or sacred uses with the potential impact
area?
21. Mandatory Findings of Significance.
a. Does the project have the potential to degrade
the quality of the environment, substantially
reduce the habitat of a fish or wildlife
species, cause a fish or wildlife population
• to drop below self sustaining levels, threaten
to eliminate a plant or animal community,
reduce the number or restrict the range of a
rare or endangered plant or animal or eliminate
important examples of the major periods of
California history or prehistory?
0
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Yes Maybe No
b. Does the project have the potential to achieve
short -term, to the disadvantage of long -term,
environmental goals? (A short -term impact on
the environment is one which occurs in a rela-
tively brief, definitive period of time while
long -term impacts will endure well into the J
future.) _ X
C. Does the project have impacts which are
individually limited, but cumulatively con-
siderable? (A project may impact on two or
more separate resources where the impact on
each resource is relatively small, but where
the effect of the total of those impacts on
the environment is significant.)
d. Does the project have environmental effects
which will cause substantial adverse effects
on human beings, either directly or indirectly ?_
III. Discussion of Environmental Evaluation
(Narrative description of environmental impacts.)
IV. Determination
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant
effect on the environment, and a NEGATIVE DECLARATION WILL BE
PREPARED.
I find that although the proposed project could have a signif-
icant effect on the environment, there will not be a significant
effect in this case because the mitigation measures described
on an attached sheet have been added to the project.
A NEGATIVE DECLARATION WILL BE PREPARED. Q
I find the proposed project MAY have a significant effect on
the environment, and an ENVIRONMENTAL IHI'ACT REPORT is required. Q
C \PLT \EIRLIST.FRM
Signature
For
/ /
SCALE 1 9000
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ZONE OF UETIIANE GAn
City of Newport Beach
METHANE ZONE -- CITY BOUNDARY
10/89
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ZONE OF UETIIANE GAn
City of Newport Beach
METHANE ZONE -- CITY BOUNDARY
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Authorized to Publish Advertisements of all kinds including
public notices by Decree of the Superior Court of Orange
County, Carlfomia, Number A-6214, September 29, 1961, and
A -24831 June 11. 1963,
STATE OF CALIFORNIA
County of Orange
I am a Citizen of the United States and a
resident of the County aforesaid; I am over the
of eighteen years, and not a party to or
W nrested in the below entitled matter. I am a
cipal clerk of the ORANGE COAST DAILY
PILOT, a newspaper of general circulation,
printed and published in the City of Costa Mesa,
County of Orange, State of Carifomia, and that
attached Notice is a true and complete copy as
was printed and published in the Costa Mesa,
Newport Beach, Huntington Beach, Fountain
Valley, Irvine, the South Coast communities and
Laguna Beach issues of said newspaper to wit
the issue(s) of:
January 11, 1990
J
I declare, under penalty of perjury, that the
foregoing is true and correct.
Executed on January 1L. . 199.
at Costa Mesa, California.
Signature
15.30
PUBLIC NOTICE
ORDINANCE
NO. 88 -02
AN ORDINANCE OF THE
CITY COUNCIL OF THE
Zoning Ordinance estab-
lishing a methane gas over -i
lay and providing for mitiga-
tion measures within they
overlayzone, ncompliance
Subject ordinance was in-
duced on 11th day of De-
�mber, 1989, and adopted
1 8th day of January, 1990.'
AYES, COUNCIL MEM-
-RS TURNER, WATT,
4NSONE, PLUMMER:
%RT, STRAUSS
NOES, COUNCIL MEM-
=RS NONE
ABSENT COUNCIL MEM-
RUTHELYN
CITY CLERK WANDA E.
RAGGIO
THE ENTIRE TEXT IS
AVAILABLE FOR REVIEW
IN THE CITY CLERK'S OF-
FICEOFTHE CITY OF NEW -
PORT BEACH.
Published Orange Coast
Dally Pilot January 11, 1990
Th131
PROOF OF PUBLICATION
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