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HomeMy WebLinkAboutOrdinance #3004 ORDINANCE NO. 3004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, AMENDING TITLE 17 OF THE HUNTINGTON BEACH MUNICIPAL CODE TO ESTABLISH METHANE DISTRICT REGULATIONS SECTION 1• Findings and Purposes WHEREAS, in order to implement the goals and objectives of reducing the hazards within the City of Huntington Beach of methane gas; The adoption of an enabling ordinance for these programs is in the public interest and promotes the public health, safety and general welfare. ACCORDINGLY, this ordinance establishes procedures and standards which: 1. Establish methane gas overlay district. 2 . Ensure the mitigation of hazard from methane gas . ACCORDINGLY, the City Council of the City of Huntington Beach hereby amends Title 17 of the Huntington Beach Municipal Code by adding Section 17. 04.085 entitled Huntington Beach Methane District Regulations . SECTION 2 : The Huntington Beach Municipal Code is hereby amended to add new Section 17. 04 .085 to read as follows : 17. 04 .085 The Uniform Building Code is hereby amended by adding thereto new Chapter 55 entitled "Methane District Regulations" to read as follows : "Section 5501 Purpose This Division sets forth the minimum requirements of the City of Huntington Beach for new building construction in the defined methane overlay districts . It is also the purpose of this chapter to reduce the hazards presented from accumulations of methane gas by requiring the appropriate testing and mitigation measures for all new buildings in the methane overlay districts . -1- "Section 5502 Definitions . For the purposes of this division, the following definitions shall also be applied. A. FLAMMABLE GAS shall mean any gaseous substance capable of sustaining combustion or explosion. B. GAS DETECTION SYSTEM shall mean one or more electrical devices capable of continuous monitoring for the presence of flammable gasses and containing an audible alarm capable of alerting occupants that a hazardous atmosphere exists . The system and all devices which are a part of the system shall be subject to building department and fire department approval. C. METHANE GAS shall mean the hydrocarbon substance commonly known as "natural gas, " chemical formula CH4 . For the purposes of definition in this chapter, natural gas from the distribution system of a utility company is exempted and excluded from the scope of application of the provisions of this chapter. D. METHANE GAS OVERLAY DISTRICT shall mean those districts within the City of Huntington Beach as defined in Section 5503 . E. QUALIFIED ENGINEER shall mean a civil engineer currently registered in the State of California and possessing experience in the design of subsurface gas control systems. F. VENT SYSTEM shall mean a system or device which gathers or collects flammable gasses and releases these gasses in a specified manner and location. "Section 5503 Overlay Districts. Boundaries of the districts set forth herein are measured from centerline to centerline of indicated streets unless otherwise described, and are graphically depicted by the copy of the map designated "Methane Overlay Districts, " which is on file with the Department of Community Development and the Fire Department. The Methane District boundaries are as follows . Note that the directions of. north, south, east, west, and similar directions are general in nature only. District One: Saybrook Lane south from Edinger Avenue to Davenport Drive, east on Davenport Drive to Algonquin Street, south on Algonquin Street to Warner Avenue, east on Warner Avenue to Bolsa Chica Street, north on Bolsa Chica Street to Edinger Avenue, west on Edinger Avenue to Saybrook Lane. District Two: All land on both sides of Pacific Coast Highway northwest from the City Boundary at the Santa Ana River to the City Boundary at the Bolsa Chica Bluffs, then following the City Boundary northeast to Edwards Street, Edwards Street north to Slater -2- Avenue, Slater Avenue east to Gothard Street, Gothard Street south to Ellis Avenue, Ellis Avenue east to Newland Street, Newland Street south to Adams Avenue, Adams Avenue east to the City Boundary at the Santa Ana River, City Boundary south along the Santa Ana River to Pacific Coast Highway. "Section 5504 Plan Required. All proposed subdivisions, divisions of land, developments of property, and new buildings within the methane overlay districts shall be reviewed by the Fire Department. The Fire Chief may require a plan for the testing of site soils for the presence of methane gas. Such plan shall be subject to the approval of the Fire Department, and may include, but shall not be limited to, hammer probes, pneumatically driven probes, and core hole samples with monitoring for the presence of methane gas . The Fire Chief may require other actions as deemed necessary to insure the safety of the development or building site. "Section 5505 Testing Required. Testing for the presence of methane gas shall be required to be carried out in accordance with the approved plan. Results of such testing shall be submitted to the Fire Department for review and analysis. "Section 5506 Mitigation Required. Anomalously high levels of methane gas in the near surface or subsurface soil layers may require mitigation before any grading, development, or building construction is allowed to take place. Such mitigation may include, but is not limited to, the venting of abandoned oil wells, underground gathering and collection systems for gasses, vent systems, and flared vent systems . Other systems, devices, or components may be required as deemed necessary by the Fire Chief in order to insure the safety of the development and buildings . If the mitigation measure do not reduce the soil concentrations of methane to an acceptable level, or if other contaminants are present in the methane at a level which poses a threat to health and safety, further development may be halted until such time as the site is rendered safe from these hazards. "Section 5507 Isolation Barriers Required New buildings which fall under the provisions and requirements of this article may require the installation of a continuous, flexible, permanent, and non-permeable barrier underneath all floor and foundation areas. Such barrier shall have and maintain a gas-tight seal around all penetrations in the barrier, and shall be a type approved by the Department of Community Development and the Fire Department. "Section 5508 Access. All methane gas mitigation systems required by this article shall be made accessible to city personnel for the purposes of monitoring, maintenance, and evaluation for effectiveness . "section 5509 Areas Outside of Established Methane Overlay District Boundaries. Upon the determination of the Fire Department that hazard may exist from methane intrusion at a geographical location or area outside the boundaries established in Section 5503 above, the Fire Department may enforce any or all of the -3- provisions of this article as deemed necessary by the Fire Chief to preclude potential hazards from fire or explosion from methane gas accumulations . "Section 5510 Additional Remedial Measures If the concentration of flammable gas in any building in the city reaches or exceeds twenty-five percent (25%) of the minimum concentration which forms an ignitable mixture with air at ambient temperature and pressure, the owner of such building shall hire a qualified engineer to investigate, recommend, and implement mitigating measures. Such measures shall be subject to the approval of the Department of Community Development and the Fire Department. " SECTION 3 • Severability If an section, o y subsection, part, subpart, paragraph, clause or phrase of this ordinance, or any revision of the ordinance is for any reason held to be invalid or unconstitutional; the remaining sections, subsections, parts, subparts, paragraphs, clauses or phrases shall not be affected, but shall remain in full force and effect. SECTION 4 This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof. The City Clerk shall cause each ordinance to be posted in three places designated by the City Council within the City and to be published by title with a brief summary at least once within fifteen days after its adoption in a daily, semi-weekly or weekly newspaper, published in the County or the City and circulated in the City, which is selected by the City Council for that purpose. REST OF PAGE NOT USED -4- PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a1f94Bff9Sdmeeting thereof held on the 5th day of July 1989 . Mayor- pro-Tempore ATTEST: APPROVED AS TO FORM: City Clerk City Attorney`l3 -g9 REVIEWE ND APPROVED: INITIATED AND APPROVED: 1 f ✓ r `' City Administrator �Chie�fFfi�re Department -5- Ord. No. < 3004 STATE OF CALIFORNIA ) COUNTY OF ORANGE ss: CITY OF HUNTINGTON BEACH 3 I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting therof held on the lgth day of June 19 89 , and was again read to said City Council at a regular adjourned meeting therof held on the 5th day of July , 1989 and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council . AYES: Councilmembers: i MacAllister. Green Winchell , Mays, Silva, Erskine NOES: Councilmembers: None ABSENT: Councilmembers: Bannister t,CW'UfiY C!'iY tLOW of!n0 4V of Cowd,do hw*c r ft a synopft of ft crdnarco has been pubiowinftD*pmgV, City -Clerk and ex-officio Clerk of the City Council of the City ..,19 of Huntington Beach, California M a=rda-c sth the ity t t o�sales X Connie 8 ckyc wk _ t�eric I