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HomeMy WebLinkAbout89-42 - Adding Chapter 15.55 Establishing A Methane Gas Mitigation District• J • 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. 1 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: ►a 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. • 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 • t KAA 7 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. 0 II • 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? - 1 - r 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 - 0 • 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 • 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 I I I I 2 H 0 A G D H O S P I T A L �a 0 t g D \�!,0��= -I. ZONE OF UETIIANE GAn City of Newport Beach METHANE ZONE -- CITY BOUNDARY 10/89 m z� m � o D _ 0 \�!,0��= -I. ZONE OF UETIIANE GAn City of Newport Beach METHANE ZONE -- CITY BOUNDARY 10/89 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 I S19