Chapter 15.55
METHANE OVERLAY ZONE
Sections:
15.55.030 Methane Gas Mitigation District—Boundaries.
15.55.040 Methane Gas Mitigation District—Requirements.
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. (Ord. 89-42 § 1 (part), 1990)
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 trace 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 three hundred (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. (Ord. 89-42 § 1 (part), 1990)
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.
5. The north central portion of the Newport Townhomes Community, bounded by Units 3 to 10 (4405 to 4421 Pacific Coast Highway) and the adjacent parking lot bordering Pacific Coast Highway.
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, attached to the ordinance codified in this chapter. The original copy of the map designating the methane gas mitigation districts shall be maintained by, and on file with, the City Clerk. (Ord. 90-28 § 1, 1990: Ord. 89-42 § 1 (part), 1990)
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:
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 Official.
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 one and a quarter percent 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 Official. 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 twenty-five (25) percent of the lower explosive limit. In the event measures specified in the mitigation plan do not reduce the level of methane gas below twenty-five (25) percent 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 Official. (Ord. 2013-11 § 116, 2013: Ord. 89-42 § 1 (part), 1990)
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. (Ord. 89-42 § 1 (part), 1990)