HomeMy WebLinkAboutNS-2122 - To Santa Ana Municipal Code to Define Hazardous Materials and to Require a Conditional Use Permit...
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REL: 3/4/91
ORDINANCE NO. NS-2122
AN ORDINANCE OF THE CITY OF SANTA ANA
ADDING SECTIONS 41-67.5 AND 41-67.7 TO
THE SANTA ANA MUNICIPAL CODE AND AMEND-
ING SECTION 41-472.5 TO DEFINE "HAZAR-
DOUS MATERIALS" AND "HAZARDOUS WASTE"
AND TO REQUIRE A CONDITIONAL USE PERMIT
FOR THE DISTRIBUTION OF HAZARDOUS
MATERIALS AND THE TREATMENT OF HAZARDOUS
WASTE IN THE Ml (LIGHT INDUSTRIAL) AND
M2 (HEAVY INDUSTRIAL) USE DISTRICTS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
SECTION 1: That the Santa Ana Municipal Code is hereby
amended by adding a section, to be numbered 41-67.5, which said
section reads as follows:
Sec. 41-67.5. Hazardous material.
Hazardous material is any material, other than hazardous
waste, which because of its quanti ty, concentration, or
physical or chemical characteristics, poses a significant
present or potential hazard to human health and safety or to
the environment if released into the work place or the
environment, including, but not limited to, any "hazardous
substance," as defined in section 25500 of the California
Health and Safety Code, as it may from time to time be
amended.
SECTION 2: That the Santa Ana Municipal Code is hereby
amended by adding a section, to be numbered 41-67.7, which said
section reads as follows:
Sec. 41-67.7. Hazardous waste.
Hazardous waste is any material which is "hazardous
waste" as defined in section 25500 of the California Health
and Safety Code, as it may from time to time be amended.
T SECTION 3: That section 41-472.5 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Sec. 41-472.5. Uses subject to a conditional use permit in
the Hi district.
The following uses may be permitted in the Ml district subject
to the issuance of a conditional use permit:
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ORDINANCE NS-2122
PAGE TWO
309
(a) Any use which is or may be permitted in the C2
district, pursuant to section 41-377 or section 41-377.5, and
which is not listed in section 41-472, except churches.
(b) storage or temporary location of new or used
buildings or houses.
(c) storage and distribution of hazardous materials for
wholesale purposes.
(d) Hazardous waste treatment facilities
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 anyone 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
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ORDINANCE NS-2122
PAGE THREE
311
obligations thereunder appertaining shall continue in full force
and effect.
ADOPTED this 15th day of
April
199~.
ATTEST:
~ fr2:iJ
Mayor {oun~ I
.-"
r
COUNCILMEMBERS:
Young
Pulido
Acosta
Griset
McGuigan
Norton
Richardson
Aye
Aye
Aye
Aye
Ayp
Ayp
Ayp
APPROVED AS TO FORM:
qL.j1<~
..d~Edward J. Cooper
'1 city Attorney
CERTIFICATE OF ORIGINALITY & PUBLICATION
state of California
County of Orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the
attached Ordinance NS-2122
to be the original ordinance
adopted by the City Council of the city of Santa Ana on
4.// S- --'1/ ; and that said ordinance was published in
accordance with the Charter of the city of Santa Ana.
Date
fI