HomeMy WebLinkAboutNS-2442 - Amending Chapter 41 of the Santa Ana Municipal Code to Delete the Requirement for a Conditional Use Permit for Storage of Flammable Liquids in Above Ground Tanks...135
ORDINANCE NO. NS-2442
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING CHAPTER 41 OF THE SANTA
ANA MUNICIPAL CODE TO DELETE THE REQUIREMENT
FOR A CONDITIONAL USE PERMIT FOR STORAGE OF
FLAMMABLE LIQUIDS IN ABOVE GROUND TANKS IN THE
M-1 AND M-2 ZONES
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1: The City Council has reviewed and considered the information
contained in the initial study and the negative declaration prepared with respect to this
Project, together with all comments and response to comments. The City Council has, as
a result of its consideration, and the evidence presented at the hearings on this matter,
determined that, as required pursuant to the California Environmental Quality Act and the
State CEQA Guidelines, a Negative Declaration adequately addresses the expected
environmental impacts of this Project. On the basis of this review, the City Council finds
that there is no evidence from which it can be fairly argued that the Project will have a
significant adverse effect on the environment. The City Council hereby certifies and
approves the negative declaration for Environmental Review No. 00-111 and directs that
the Notice of Determination be prepared and filed with the County Clerk of the County of
Orange in the manner required by law.
SECTION 2: That section 41-625 of the Santa Ana Municipal Code is hereby
repealed.
SECTION 3: That section 41-472.1 of the Santa Ana Municipal Code is hereby
amended by adding a subsection, to be numbered 41-472.1(4), which said section reads
as follows:
Sec. 41-472.1. Ancillary uses permitted in the Mt district.
The following uses are permitted when ancillary to any use permitted by
section 41-472 or to any use permitted subject to a conditional use permit:
(1) Administrative office use occupying up to thirty (30) percent of the
gross floor area;
(2) Product sales or service uses occupying up to five (5) percent of
the gross floor area;
(3) Child care occupying up to thirty (30) percent of the gross floor
area; provided, however, that no combination of uses permitted by
this section shall exceed thirty (30) percent of the gross floor area.
(4) The outside storage of Class I and Class II liquids (as defined in
the fire code of the City of Santa Aha) in above ground fixed
Ordinance No. NS-2442
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136
storage tanks when properly screened pursuant to section 41-622
of the Code, as it may be amended from time to time. As used
herein, "tank" means a vessel containing more than sixty (60)
gallons.
SECTION 4: If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Santa Ana hereby
declares that it would have adopted this ordinance and each section, subsection,
sentence, clause, phrase or portion thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
SECTION 5: Neither the adoption of this ordinance nor the repeal hereby of any
ordinance shall in any manner affect the prosecution for violation of ordinances, which
violations were committed prior to the effective date hereof, nor be construed as affecting
any of the provisions of such ordinance relating to the collection of any such license or
penalty or the penal provision applicable to any violation thereof, nor to affect the validity
of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited
pursuant to any ordinance and all rights and obligations thereunder appertaining shall
continue in full force and effect.
ADOPTED this lSthday of September ,2000.
A'CrEST:
Patricia E. Healy
Clerk of the Council
Ma~or
COUNCILMEMBERS:
Pulido Aye
Lutz Aye
Bist Aye
Christy Aye
Franklin Ave
McGuigan Aye
Moreno Absent
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
Cristine L. Shaw
Deputy City Attorney
Ordinance No. NS-2442
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137
CERTIFICATE OF ORIGINALITY & PUBLICATION
I, PATRICIA E. HEALY, Clerk of the Council, do hereby certify the attached Ordinance
No. NS-2442 to be the original ordinance adopted by the City Council of the City of
Santa Ana on ~//~'/-~O ; and that said ordinance was published in
accordance with the Chart(~r of the City of Santa Ana.
Date:
Ordinance No. NS-2442
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